State v. Trucke

An appellate court can react to a poorly drafted statute in either of two ways. It can seize upon the awkward language, give it an impractical interpretation and blame the resulting devastation on the legislature. Or it can seek out the legislative intent in a reasonable and practical manner. There is ample precedent for either course. But, especially when the stakes are highest, we should read the words in an effort to further, and not to trip up, the clear legislative purpose.

There is nothing unclear about the legislative purpose here and it is impossible to overstate its importance. The…