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STATE v. SPEED

No. 47274-2.

96 Wn.2d 838 (1982)

640 P.2d 13

THE STATE OF WASHINGTON, on the Relation of Shana Marie Goodner, ET AL, Respondents, v. CHARLES WILLARD SPEED, Petitioner.

The Supreme Court of Washington, En Banc.

January 15, 1982.

Attorney(s) appearing for the Case

C.C. Bridgewater, Jr. (of Walstead, Mertsching, Husemoen, Donaldson & Barlow), for petitioner.

Henry R. Dunn, Prosecuting Attorney, and Gordon W. Sivley, Civil Deputy, for respondents.

Stephen J. Bean, amicus curiae for petitioner.

C. Danny Clem, Prosecuting Attorney, and Patricia K. Schafer, Deputy, amici curiae for respondents.

HICKS, J.

In a trial to the court, petitioner Speed was found to be the father of a child born out of wedlock and ordered to pay support and costs. He appealed to the Court of Appeals challenging the constitutionality of RCW 26.26.120, which defines a paternity suit as a civil action and states in subsection 5: "The trial shall be by the court without a jury." Petitioner's challenge is based on Const. art. 1, § 21: ...

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