State v. Carlile

TANZER, J.,

specially concurring.

The issue in this case is simple: Does the word "notify” in a statute mean "notify”? The secondary issue, generated by the majority, is not nearly so simple: To what extent may a court construe an *[1070]unambiguous statute in order to achieve a procedural result which it deems more reasonable, i.e., more like that which the court would have legislated than that which is achieved if words of the statute are directly applied.

I respectfully believe that the majority goes too far down the legislative path. The majority analysis is like a two-legged stool, neither…