Article VIII, section 9 prevents us from reviewing the application of a statute to facts. State v. Munger, 642 P.2d 721, 722 (Utah 1982). Mr. Wisden's brother, Don, who was a passenger in the vehicle at the time of his brother's arrest, also appeals from his trial de novo in which he was convicted of violating Utah Code Ann. ยง 41-6-13, which requires obedience to lawful orders of police officers.
Article VIII, Section 9 expressly provides that the constitutionality or validity of a statute must be challenged, and this Court has consistently and uniformly applied that restriction to justice of the peace cases. See, e.g., State v. Munger, Utah, 642 P.2d 721 (1982). However, the portion of the statute dealing with appeals in circuit court cases is severable, and may be upheld if it does not on its own merits contravene the constitutional restriction.
In decisions from statehood until 1983, this Court repeatedly held that a person dissatisfied with a justice court decision could appeal that decision to a district court and that the district court decision was final unless the validity or constitutionality of a statute was at issue, not on appeal, but in the lower court. See, e.g., State v. Van Gervan, 657 P.2d 1377 (Utah 1983); State v. Munger, 642 P.2d 721 (Utah 1982); Vernal City v. Critton, 565 P.2d 408 (Utah 1977); State v. Lyte, 75 Utah 283, 284 P. 1006 (1930); Eureka City v. Wilson, 15 Utah 53, 48 P. 41 (1897), aff'd, 173 U.S. 32, 19 S.Ct. 317, 43 L.Ed. 603 (1899); see also State v. Taylor, 664 P.2d 439 (Utah 1983). In State v. Lyte, 75 Utah at 287, 284 P. at 1007, this Court explicitly rejected a challenge based on article I, section 12 to a statute worded very similarly to rule 26(13)(a).
Our review in those cases is restricted to issues dealing with the validity or constitutionality of a statute. State v. Munger, Utah, 642 P.2d 721 (1982). Defendant's claim of unconstitutional application of the statute and lack of due process does not challenge the validity or constitutionality of the statute itself, so that there is no appropriate issue for us to review.
This Court has jurisdiction on appeal from the district court's order dismissing defendant's appeal of the judgment of the justice's court inasmuch as this case involves the constitutionality of the district court's interpretation of U.C.A., 1953, ยง 77-1-6. State v. Taylor, Utah, 664 P.2d 439 (1983); State v. Munger, Utah, 642 P.2d 721 (1982). I.
Appeals shall also lie from the final judgment of justices of the peace in civil and criminal cases to the District Courts on both questions of law and fact, with such limitations and restrictions as shall be provided by law; and the decision of the District Courts on such appeals shall be final, except in cases involving the validity or constitutionality of a statute. In State v. Munger, Utah, 642 P.2d 721 (1982), we quoted the foregoing language and then stated as follows: While the language of Section 78-3-5, U.C.A., (1953) appears somewhat broader in referring to an exception for "cases involving a constitutional issue," the more narrowly drawn restrictions of Article VIII, Section 9 are controlling.
Article 8, Sec. 9 of the Utah Constitution provides that appeals shall lie from the final judgment of justices of peace to district courts on both questions of law and fact, "and the decision of the district court on such appeals shall be final, except in cases involving the validity or constitutionality of a statute."State v. Munger, Utah, 642 P.2d 721 (1982). We do, however, have jurisdiction to hear the challenge to the statute's constitutionality. Basically, the contention is that the Court's analysis in State v. Bradshaw, Utah, 541 P.2d 800 (1975) applied.