We review a district court's "application of the Constitution to determine if it is correct." State v. Mathis , 2003 MT 112, ¶ 8, 315 Mont. 378, 68 P.3d 756. A statute is "presumed constitutional unless it conflicts with the Montana Constitution, in the judgement of the [C]ourt, beyond a reasonable doubt."
The Supreme Court of Florida explained: See Williams, 146 Tex.Crim. at 438, 176 S.W.2d at 183; Walden v. Hart, 243 Ark. 650, 652, 420 S.W.2d 868, 870 (1967); Barco Beverage Corp., 595 N.E.2d at 253-54; State ex rel. Tomasic v. Wyandotte County, 264 Kan. 293, 303-04, 955 P.2d 1136, 1148 (1998); Board of Trustees, 132 S.W.3d at 782; Lewis v. State Dept. of Human Serv., 433 A.2d 743, 747-48 (Me. 1981); Turmon, 417 Mich, at 644-45, 340 N.W.2d at 623-24; State v. Mathis, 315 Mont. 378, 382, 68 P.3d 756, 760 (2003); Cobb v. State Canvassing Board, 140 N.M. 77, 89, 140 P.3d 498, 510 (2006); Moschell, 2004 SD at P15-16, 677 N.W.2d at 558-59; Found, for Indep. Living, 214 W.Va. at 830, 591 S.E.2d at 756.
¶ 14 We read statutes in their entirety when construing legislative intent. State v. Mathis, 2003 MT 112, ¶ 27, 315 Mont. 378, ¶ 27, 68 P.3d 756, ¶ 27. We will not determine the legislative intent based upon the wording of any particular section or sentence, but only from a consideration of the statute as a whole.
Whether a statute is unconstitutional is a question of law. State v. Mathis, 2003 MT 112, ¶ 8, 315 Mont. 378, ¶ 8, 68 P.3d 756, ¶ 8. DISCUSSIONISSUE ONE
The Court's analysis simply ignores the fundamental tenet that we must construe statutes in context as a whole, with harmonious effect to all distinct statutory "provisions or particulars." Section 1-2-101, MCA; State v. Mathis, 2003 MT 112, ¶ 27, 315 Mont. 378, 68 P.3d 756. The Court provides no justification or explanation for its conflation or merger of these distinct statutory provisions into a "single standard."
¶30 Jehovah’s Witnesses point out that imposing a narrow definition of confidentiality impermissibly could discriminate between different religious beliefs and practices, protecting confidentiality of reports made in a confession from a parishioner to priest, like the traditional Catholic practice, while offering no protection to a congregant’s disclosures to a committee of elders using a process like that followed by the Jehovah’s Witnesses. "It is the duty of courts, if possible, to construe statutes in a manner that avoids unconstitutional interpretation." State v. Mathis , 2003 MT 112, ¶ 8, 315 Mont. 378, 68 P.3d 756 (citation omitted). The Establishment Clause ensures that "one religious denomination [will] not be officially preferred over another."
Accordingly, when delegating powers to an administrative body, the Legislature must prescribe a policy, standard, or rule for their guidance and must not vest them with an arbitrary and uncontrolled discretion. Bacus , 138 Mont. at 78, 354 P.2d at 1061 ; State v. Mathis , 2003 MT 112, ¶ 15, 315 Mont. 378, 68 P.3d 756. If the Legislature does not prescribe with reasonable clarity the limits of this power, or if the limits are overly broad, its attempt to delegate is void.
We review de novo a district court's conclusions of law and interpretations of the rules of evidence. Mizenko, ¶ 8 (citing State v. Villanueva, 2005 MT 192, ¶ 9, 328 Mont. 135, 118 P.3d 179; State v. Mathis, 2003 MT 112, ¶ 8, 315 Mont. 378, 68 P.3d 756). ¶ 58 At the pretrial evidentiary hearing, the State introduced a transcript of the 911 calls from the night of Cybulski's arrest reporting a vehicle traveling the wrong direction on the interstate.
We review a district court's conclusions of law and interpretations of the Constitution or the rules of evidence, de novo. State v. Villanueva, 2005 MT 192, ¶ 9, 328 Mont. 135, ¶ 9, 118 P.3d 179, ¶ 9; State v. Mathis, 2003 MT 112, ¶ 8, 315 Mont. 178, ¶ 8, 68 P.3d 756, ¶ 8; see United States v. Blue Bird (8th Cir. 2004), 372 F.3d 989, 991. DISCUSSION