Coroner (Washington state)

Last updated

A coroner in the U.S. state of Washington is a quasi-judicial, public official principally charged with the certification of human death. It is completely identical in authority to the parallel office of medical examiner, which also exists in the state. Washington uses a "mixed system" of death investigation with some counties employing coroners, and some employing medical examiners.

Contents

As of 2017, 24 of Washington's 39 counties have a coroner or a medical examiner. In 15 rural counties there are neither coroners nor medical examiners; duties normally performed by a coroner or medical examiner are instead discharged by the county's prosecuting attorney.

This article uses the term "coroner" to refer to coroners, medical examiners, and county attorneys discharging the duties of coroners.

History

Background and early history

The office of Coroner originated in England no later than 1194, though uncertain evidence indicates a possible older history. [1] By the reign of Edward I, there were four coroners in each county, elected to serve for life. [1] Coroners were charged with recording and investigating deaths, of administering treasure trove, and of substituting for the Sheriff when he was a party to a matter or incapacitated; the elected Coroner eventually evolved into a check on the power of the Crown-appointed Sheriff. [1] The system of coronial death investigation was brought to North America by British colonists; one of the earliest coroners empowered in North America was appointed by William Penn in 1682 after a dead body was discovered on the banks of a river. [2]

A caricature of D.C. Bates, candidate for Coroner of Thurston County in the 1908 election Caricature drawing of D.C. Bates, candidate for Thurston County (Washington) Coroner, c 1908.jpg
A caricature of D.C. Bates, candidate for Coroner of Thurston County in the 1908 election

The Washington Territory was established in 1853 and, the following year, the Territorial Legislature passed "An Act Relative to Coroners" which required each of the territory's counties to organize an election for coroner and to hold a new election every two years thereafter. [3] [4] This act also authorized the Coroner to perform the duties of the Sheriff in certain matters: [4]

The Coroner shall perform the duties of sheriff in all cases where the sheriff is interested, or otherwise incapacitated from serving; and when the coroner acts as the sheriff, he shall possess the powers and perform all duties of the sheriff ...

Efforts at reform

As early as 1907, legislative attempts were made to require elected coroners be licensed physicians. [5] In 1913 the legislature abolished the office of coroner in all counties, except "counties of the first class" (the largest counties in the state), devolving the duties of coroner to the office of county attorney. However, A.R. Maulsby, the coroner of Snohomish County - an office which had been abolished by the statute - refused to stand-down, declaring the act of the legislature to be unconstitutional. The state's Supreme Court eventually sided with Maulsby, noting that the state constitution, as it then read, required a system of county government "uniform throughout the state". In 1948, the constitution was substantially amended to allow differential forms of county government in certain circumstances. [6]

In 1960 the Washington State Medical Association called for the complete abolition of the office of coroner, supporting its replacement with a system of state medial examiners and, in 1969, legislation was passed by the state's House of Representatives to do just that, however, the legislation failed in the state Senate.

Contemporary status

Map showing Washington counties which have coroners (blue), medical examiners (red), or neither (grey) CoronersMEWA.png
Map showing Washington counties which have coroners (blue), medical examiners (red), or neither (grey)
A campaign sign in the 2018 election for Coroner of Kitsap County, Washington Coroner campaign sign.jpg
A campaign sign in the 2018 election for Coroner of Kitsap County, Washington
A staff member of the King County Medical Examiner's office moves human remains in Seattle in 2016. Medical Examiner staff member.jpg
A staff member of the King County Medical Examiner's office moves human remains in Seattle in 2016.

The Revised Code of Washington, as of 2017, provides for the creation of an office of coroner in each county with a population of 40,000 or more. [7] In counties with a population less than 40,000, no independent office of coroner is authorized and the duties which normally fall to a corner are discharged by the county's attorney instead. [7] In addition, counties which have a population greater than 250,000 may choose to replace the office of corner with that of medical examiner. [7] [8] Medical examiners are elected by the legislative authority of the county in which they hold office and are required to be certified as a forensic pathologist by the American Board of Pathology, while coroners are elected by the voters of the county in which they hold office and are required to have no qualifications other than the right to vote. [7] [9] [8]

In 1968, prior to the enactment of the medical examiner statute, 17 counties had coroners while the remaining 22 counties had no coroners, the county prosecuting attorney discharging the duties of coroner, instead. [10] As of 2017 in Washington, 18 counties have coroners, six have medical examiners, and 15 have neither coroners nor medical examiners, the county attorney performs the functions otherwise discharged by a coroner or medical examiner. [11]

Duties and authority

Acting Sheriff

As of 2017, Washington law provides that a county coroner shall "perform the duties of the sheriff in all cases where the sheriff is interested or otherwise incapacitated from serving", wording unchanged from the original statute enacted by the Territorial Legislature in 1854.

Entrance to the Thurston County Coroner's office in 2017 Thurston County Coroner.jpg
Entrance to the Thurston County Coroner's office in 2017

Death investigations

In general, deaths in Washington are either certified by physicians, or by licensed funeral directors using information obtained from a physician pertaining to a decedent's cause of death. Certification is made to one of a number of regional registries each administered by a designated "deputy registrar" who approves each addition to the death registry. However, state law provides that deaths arising from one of a list of prescribed mechanisms (including drowning, hanging, electrocution, radiation, sodomy, strangulation, etc.), or involving a healthy person who had not received medical attention in the 36 hours preceding his or her death, or in which the death occurred in a jail or prison, or in which the identity of the decedent is unknown, or in which the death occurred under suspicious circumstances, can only be certified by a county coroner. Physicians, deputy registrars, or any person discovering a body (such as a police officer) are legally obligated to refer these cases directly to coroners who are authorized to take possession of the body, to order a forensic autopsy on it, to pronounce the cause and mechanism of death, and to determine if the death was the result of unlawful homicide, which is necessary to bring criminal charges against a person.

In 2015, approximately 8.2 percent of all decedents in Washington were autopsied.

Inquests

The coroner is, additionally, empowered to convene an inquest to advise him on the cause of death prior to certifying the death. Inquests are conducted by a jury of at least four citizens convened by the coroner, hear evidence presented by him, and make an advisory verdict. The proceedings of an inquest are open to the public (investigations held outside an inquest are otherwise confidential and information produced by it - including autopsy reports - can only be released to certain individuals, such as law enforcement officers and next of kin).

The procedure is rarely used, but has been invoked on occasions where a death is controversial and the coroner feels public scrutiny would be warranted. In 2016, following the shooting death of an Hispanic man by police in Franklin County, Washington, the coroner convened an inquest of six jurors - appointing three Hispanic persons to the jury - to ensure that "the public can't say, 'it's the cops investigating the cops'". [12] The inquest was only the third convened in Franklin County in the preceding twenty years and ultimately ruled the death was justifiable homicide by gunshot. [13] [12]

Prior to 2016, coroners had the authority to issue arrest warrants should an inquest determine a cause of death as unlawful homicide. [14] Since that time, a change in state law has required coroners to refer findings of homicide to a county prosecuting attorney for charging. [14]

Unclaimed remains

Coroners are responsible for arranging for the disposal of human remains in cases in which "there is no other person willing to provide for the disposition of the body".

Death Investigations Account

The costs of retaining a forensic pathologist to conduct autopsies ordered by county coroners or medical examiners are reimbursed to counties by the state from the Death Investigations Account, which is held by the Washington State Treasurer. The account is funded from revenue generated by the state's Department of Health; eight dollars of the cost of every certified copy of a record produced by the department is deposited in the account.

State Patrol Toxicology Laboratory

The Washington State Patrol Toxicology Laboratory, located in Seattle, performs testing on blood and tissue for the presence of drugs and alcohol at the request of coroners and medical examiners. [15] As of the early 2000s, it conducted approximately 650 tests per year as part of coroner or medical examiner death investigations. [15] Established in 1963, the laboratory was accredited by the American Board of Forensic Toxicology in 2005. [15]

Washington Association of Coroners and Medical Examiners

The Washington Association of Coroners and Medical Examiners is a non-profit, non-governmental organization composed of the state's 39 coroners, medical examiners, and prosecuting attorneys who discharge coroner duties. [16] It facilitates the exchange of information among officials and organizes continuing education courses on topics related to death investigation. [16]

Reserve assistant coroners

In 2001 Kitsap County created a program of "reserve investigative assistant coroners", what was at the time described as the first program of its kind in the state. [17] Under it, citizen volunteers who commit to 80 hours of classroom and field training can be appointed as part-time, unpaid assistant coroners in Kitsap County. [17] Reserve assistant coroners assist deputy coroners in transporting human remains, recovering bodies, and clerical duties. [18] In 2002 the Kitsap County Coroner's Office Reserve Deputy Coroner Program was disbanded. As of 2017, Lewis County had a similar program. [19]

Accreditation

As of 2017, the coroner offices in Cowlitz County, Lewis County, Grant County, and Kitsap County have been accredited by the International Association of Coroners and Medical Examiners. The medical examiner offices of King County, Pierce County, Snohomish County, Spokane County, and Clark County, Washington, have been accredited by the National Association of Medical Examiners (NAME).[ citation needed ]

The King County Medical Examiner's Office first earned NAME accreditation in 1978; since then, the office has maintained accreditation, making it the longest running accredited Medical Examiner's Office in the United States.[ citation needed ]

Related Research Articles

<span class="mw-page-title-main">Forensic pathology</span> Medical speciality

Forensic pathology is pathology that focuses on determining the cause of death by examining a corpse. A post mortem examination is performed by a medical examiner or forensic pathologist, usually during the investigation of criminal law cases and civil law cases in some jurisdictions. Coroners and medical examiners are also frequently asked to confirm the identity of remains.

A coroner is a government or judicial official who is empowered to conduct or order an inquest into the manner or cause of death, and to investigate or confirm the identity of an unknown person who has been found dead within the coroner's jurisdiction.

<span class="mw-page-title-main">Medical examiner</span> Post-mortem investigation forensic pathologist

The medical examiner is an appointed official in some American jurisdictions who is trained in pathology that investigates deaths that occur under unusual or suspicious circumstances, to perform post-mortem examinations, and in some jurisdictions to initiate inquests.

Michael M. Baden is an American physician and board-certified forensic pathologist known for his work investigating high-profile deaths and as the host of HBO's Autopsy. Baden was the chief medical examiner of the City of New York from 1978 to 1979. He was also chairman of the House Select Committee on Assassinations' Forensic Pathology Panel that investigated the assassination of John F. Kennedy. Baden's independent autopsy findings are often in conflict with the local authorities' opinions.

<span class="mw-page-title-main">Cyril Wecht</span> American forensic pathologist

Cyril Harrison Wecht is an American forensic pathologist. He has been the president of both the American Academy of Forensic Sciences and the American College of Legal Medicine, and headed the board of trustees of the American Board of Legal Medicine. Wecht served as County Commissioner and Allegheny County Coroner and Medical Examiner, serving the Pittsburgh metropolitan area. He is perhaps best known for his criticism of the Warren Commission's findings concerning the assassination of John F. Kennedy.

Martin Lee Anderson was a 14-year-old from Florida who died while incarcerated at a boot camp-style youth detention center, the Bay County Boot Camp, located in Panama City, Florida, and operated by the Bay County Sheriff's Office. Upon arriving at the camp he was forced to run track, and within two hours he became fatigued and stopped. The guards coerced him to continue his run. He returned to the track, collapsed and died a short while later. A portion of the surveillance video depicting the coercion was made public. The incident resulted in the Florida legislature voting to close the state's five juvenile boot camps.

Joshua Perper was a noted forensic pathologist and toxicologist. He served as the Chief Medical Examiner of Broward County, Florida for seventeen years, during which time he conducted autopsies on a number of famous individuals, including Anna Nicole Smith. Prior to his appointment to that position, he served as Allegheny County's Coroner serving metro Pittsburgh.

An inquest is a judicial inquiry in common law jurisdictions, particularly one held to determine the cause of a person's death. Conducted by a judge, jury, or government official, an inquest may or may not require an autopsy carried out by a coroner or medical examiner. Generally, inquests are conducted only when deaths are sudden or unexplained. An inquest may be called at the behest of a coroner, judge, prosecutor, or, in some jurisdictions, upon a formal request from the public. A coroner's jury may be convened to assist in this type of proceeding. Inquest can also mean such a jury and the result of such an investigation. In general usage, inquest is also used to mean any investigation or inquiry.

The Forensic Medicine Division of the Applied Sciences Group of the Health Sciences Authority is a forensic medical consultancy service of the government of Singapore. The Centre provides professional consultancy services in the field of forensic medicine, primarily to law enforcement in support of the coronial death investigation system in Singapore as well as criminal investigations into homicidal deaths. The Division operates a mortuary facility in Block 9, a Singapore General Hospital building along Outram Road.

Steven Timothy Hayne is a pathologist from the US state of Mississippi who attracted significant controversy surrounding his medical practices and testimony in criminal trials, most notably those of Cory Maye, Jimmie Duncan, and Tyler Edmonds.

In many legal jurisdictions, the manner of death is a determination, typically made by the coroner, medical examiner, police, or similar officials, and recorded as a vital statistic. Within the United States and the United Kingdom, a distinction is made between the cause of death, which is a specific disease or injury, versus manner of death, which is primarily a legal determination versus the mechanism of death which does not explain why the person died or the underlying cause of death and can include cardiac arrest or exsanguination. Different categories are used in different jurisdictions, but manner of death determinations include everything from very broad categories like "natural" and "homicide" to specific manners like "traffic accident" or "gunshot wound". In some cases an autopsy is performed, either due to general legal requirements, because the medical cause of death is uncertain, upon the request of family members or guardians, or because the circumstances of death were suspicious.

<span class="mw-page-title-main">Death of Kendrick Johnson</span> 2013 controversial death in Georgia, United States

On January 11, 2013, the body of Kendrick Johnson was discovered inside a vertical rolled-up mat in the gymnasium of Lowndes High School in Valdosta, Georgia, United States, where he was a student. After a preliminary investigation and autopsy concluded that Johnson's death was accidental, his family had a private pathologist conduct a second autopsy which concluded that he died from blunt force trauma. On October 31, 2013, the U.S. Attorney for the Middle District of Georgia announced that his office would open a formal review into Johnson's death. On June 20, 2016, the Department of Justice announced that it would not be filing any criminal charges related to Johnson's death.

Joseph Lawrence Cogan is an American coroner who served as acting Chief Medical Examiner-Coroner for the County of Los Angeles from 1990 to 1992.

In suicidology, psychological autopsy is a systematic procedure for evaluating suicidal intention in equivocal cases. It was invented by American psychologists Norman Farberow and Edwin S. Shneidman during their time working at the Los Angeles Suicide Prevention Center, which they founded in 1958.

<span class="mw-page-title-main">Coroner of New York City</span>

The Coroner of New York City issued death certificates and performed autopsies and inquests for New York County, New York, for all homicides, suicides and accidental deaths and any suspicious deaths.

<span class="mw-page-title-main">Murders of Kerry Graham and Francine Trimble</span> Unsolved murder of two American teens in 1978

The murders of Kerry Ann Graham and Francine Marie Trimble are currently unsolved crimes that occurred in December 1978, when both girls—aged 15 and 14 respectively—disappeared after leaving their homes in Forestville, California, to visit a shopping mall in Santa Rosa. Their remains were discovered in July 1979 approximately 80 mi (130 km) north of Forestville, concealed within duct-taped garbage bags and buried within an embankment of a heavily overgrown woodland area located beside a remote section of Highway 20, 12 mi (19 km) from the city of Willits.

Elliot M. Gross is an American forensic pathologist who served as the Chief Medical Examiner of New York City from 1979 until his dismissal in 1989.

<span class="mw-page-title-main">DNA Doe Project</span> American organization formed to identify deceased persons using forensic genealogy

DNA Doe Project is an American nonprofit volunteer organization formed to identify unidentified deceased persons using forensic genealogy. Volunteers identify victims of automobile accidents, homicide, and unusual circumstances and persons who committed suicide under an alias. The group was founded in 2017 by Colleen M. Fitzpatrick and Margaret Press.

Andres Guardado was an 18-year-old Salvadoran-American man shot in the back and was killed by a Deputy Sheriff from the Los Angeles County Sheriff's Department near Gardena and West Compton on June 18, 2020. Guardado ran from two uniformed police officers into an alley, where he died after being shot by deputies. Seven shots were fired and Guardado was hit in the upper torso. Police say that Guardado produced a handgun during the chase. Investigators do not believe it was fired. Accounts of the incident are disputed between police and witnesses. Police stated they were searching for footage of the incident. Store-owner Andrew Heney reported that several cameras at the scene, including a digital video recorder that stored surveillance footage, were taken and destroyed by police.

Othram is an American corporation specializing in forensic genetic genealogy to resolve unsolved murders, disappearances, and identification of unidentified decedents or murder victims. The company also offers law enforcement agencies tools and programs to infer kinship among individuals, both closely and distantly related, through a combination of short tandem repeat (STR) and single nucleotide polymorphism (SNP) testing, as well as forensic genome sequencing of DNA.

References

  1. 1 2 3 Gross, Charles (December 1892). "The Early History and Influence of the Office of Coroner". Political Science Quarterly . 7 (4).
  2. ↑ "Lycoming County Coroner". lyco.org. Lycoming County . Retrieved September 3, 2017.
  3. ↑ Rochester, Junius. "Washington Territory and Washington State, Founding of". HistoryLink. HistoryLink . Retrieved September 3, 2017.
  4. 1 2 Journal of the Council of the Territory of Washington: Together with the Memorials and Joint Resolutions of the First Session of Legislative Assembly, Begun and Held at Olympia, February 27th, 1854. Washington Territory. 1855. pp. 105–106.
  5. ↑ "Walla Walla Undertakes Differ in Views on the Coroners' Bill". Evening Statesman. newspapers.com. February 1, 1907. Retrieved August 26, 2017.
  6. ↑ "County Forms of Government". mrsc.org. Municipal Research and Services Center. Retrieved September 3, 2017.
  7. 1 2 3 4 "Washington". Public Health Law Program. Centers for Disease Control . Retrieved August 26, 2017.
  8. 1 2 "Coroner or Medical Examiner?". WACME. Washington Association of Coroners and Medical Examiners. Retrieved August 26, 2017.
  9. ↑ Mattarresse, Andy (May 24, 2014). "Anybody can run for coroner, but does that mean they should?". Ellensburg Daily Record . Retrieved August 26, 2017.
  10. ↑ "Legislative Viewpoint". Port Angeles Evening News. newspapers.com. April 19, 1968. Retrieved August 26, 2017.
  11. ↑ "Death Investigation". Island County Coroner. Island County . Retrieved August 30, 2017.
  12. 1 2 Oppel, Richard (February 13, 2015). "County Coroner in Washington Plans Inquest Amid Furor Over Police Killing". The New York Times . Retrieved August 26, 2017.
  13. ↑ "Inquest Jury: Shooting Justified". KPQ (AM) . December 15, 2016. Retrieved August 26, 2017.
  14. 1 2 Cary, Anette (May 26, 2016). "Change in coroner inquest law affects Zambrano-Montes case". Tri-City Herald . Retrieved August 26, 2017.
  15. 1 2 3 "Toxicology Lab Division· Overview". WSP. Washington State Patrol . Retrieved August 26, 2017.
  16. 1 2 "Washington Association of Coroners and Medical Examiners". countyofficials.org. Washington Association of County Officials. Retrieved August 26, 2017.
  17. 1 2 McCormick, Julie (April 26, 2001). "Cororners-in-training". Kitsap Sun . Retrieved August 31, 2017.
  18. ↑ "Kitsap County Coroner's Office Rese rve I nvestigative Assistant Program Page 1 of 6 Kitsap County Coroner's Office Reserve Investigative Assistant Program" (PDF). kitsapgov.com. Kitsap County Coroner. Retrieved September 25, 2017.
  19. ↑ "Reserve Deputy Coroner/Internship Programs". lewiscountywa.gov. Lewis County Coroner. Archived from the original on September 26, 2017. Retrieved September 25, 2017.
This page is based on this Wikipedia article
Text is available under the CC BY-SA 4.0 license; additional terms may apply.
Images, videos and audio are available under their respective licenses.