From the Hotline

By PNA's Legal Department
Pennsylvania Newspaper Association

Q:Are autopsy reports public records or not?

A: Although we believe, in accordance with statutory law and the Pennsylvania Supreme Court’s rulings, that the answer to this question is “yes,” it seems likely that many coroners will deny access to these records in light of a recent Commonwealth Court ruling.

Section 1251 of Pennsylvania’s Coroner’s Act provides that:
Every coroner, within thirty (30) days after the end of each year, shall deposit all of his official records and papers for the preceding year in the office of the prothonotary for the inspection of all persons interested therein.

16 P.S. 1251.

On August 15, 2005, the Pennsylvania Supreme Court affirmed a Superior Court ruling that an autopsy report that would be a public record under the Coroner’s Act may be sealed if the Commonwealth can prove that its release would “substantially interfere” with an ongoing criminal investigation. In re Randy Buchanan, 2005 WL 1943557 (Pa. 2005). In Buchanan then, the Supreme Court necessarily determined that autopsy records were “official records” of the coroner.

Despite this ruling, on November 3, 2006, the Commonwealth Court ruled that autopsy reports are not public under the Coroner’s Act because they are not “official records” of the coroner. Penn Jersey Advance, Inc. v. Grim, No. 891 CD 2006 (Pa. Cmwlth. Ct., Nov. 3, 2006)(http://www.courts.state.pa.us/OpPosting/CWealth/out/658CD06_11-3-06.pdf). In ruling this way, the Commonwealth Court followed a previous decision by that Court in Johnstown Tribune Publishing Co. v. Ross.

In light of the Commonwealth Court’s recent ruling, it seems likely that many coroners will refuse access to autopsy reports. The Express-Times intends to pursue an appeal.

We will provide any additional information as it becomes available.

To reach the PNA Legal Hotline, contact Teri Henning at (717) 703-3076 or Melissa Melewsky at (717) 703-3048.

Use this link to the Headlines & Deadlines archive of Teri Henning's weekly 'From the Hotline' columns. 

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