Hyatt v. Hill

I concur in the result denying the defendant a trial by jury. However, I believe that the majority too narrowly construes article I, section 10 of the Utah Constitution to mean merely that “the constitutional right to a trial by jury is preserved and currently exists only in actions so triable when the constitution was adopted.” The majority then reasons that because in 1895 when our constitution was adopted there was no action to require a putative father to contribute to the support of his illegitimate offspring, the defendant has no right to a jury trial in this paternity action. I believe…