specially concurring.
I concur with the majority opinion based on the oft-stated principle that “it is elementary that courts should avoid constitutional questions if an issue can be resolved otherwise.” Common Cause v. Statutory Committee (1994), 263 Mont. 324, 329, 868 P.2d 604, 607 (citing Wolfe v. Montana Dept. of Labor and Industry (1992), 255 Mont. 336, 339, 843 P.2d 338, 340).
I do not, by concurring in the majority opinion, mean to infer that I necessarily disagree with anything said in the concurring opinion of Justice James C. Nelson.