North Central Services, Inc. v. Hafdahl

*447MR. JUSTICE SHEEHY

specially concurring:

I concur that the act establishing a small claims court division in the justice courts, Ch. 572, Laws of 1977 (Title 24, Ch. 35, MCA) is unconstitutional because it makes no provision for a jury trial, contrary to 1972 Mont.Const., Art. II, § 26.

I disagree with the foregoing opinion, authored by Justice Morrison, however, when it concludes that it is constitutionally permissible under our state constitution to deny a jury trial at the small claims court level in the justice court if a trial de novo is afforded on appeal in the District Court.

An unwelcome…