In Re the Welfare of Smith

The sole issue presented is whether a superior court, when reviewing an order of a court commissioner, is bound by the substantial evidence rule enunciated in Thorndike v. Hesperian Orchards, Inc., 54 Wn.2d 570, 343 P.2d 183 (1959). We answer in the negative, and reverse.

On June 22, 1972 the Superior Court Commissioner of Douglas County entered an order depriving petitioners of the custody of four minor children. On August 23, 1972 the superior court affirmed this order.

In the course of an oral opinion the trial judge said:

Well, counsel, we may as well take it in the order that Mr. Woolett…