Brenner v. City of Casper

THOMAS, Chief Justice,

specially concurring.

I agree with the conclusion reached by the majority. There is no question that Lynnanne Brenner was entitled to have a trial by jury in the municipal court of the City of Casper. I cannot accede to the rationale which is adopted in the majority opinion to justify that conclusion. There is no justification for considering the constitu*562tionality of § 5-6-207, W.S.1977. This court historically has pursued a policy of judicial restraint with respect to addressing the constitutionality of statutes. In one way or another the court has said many times that…