Hoyle v. Superior Court

OPINION

KLEINSCHMIDT, Judge.

This is a special action review of the trial court’s denial of a request for a jury trial in a paternity action pursuant to A.R.S. section 12-846(F) (Supp.1988), which requires that paternity actions be tried to the court. We consider the following issues:(1) whether there was a statutory or common law right to a jury trial in paternity actions when section 12-846(F) was enacted;(2) whether section 12-846(F) is unconstitutional in light of the Arizona Constitution’s article II, section 23 mandate that the right to a jury trial remain inviolate; and(3) whether…