Request By:
Mr. Alan W. Beard
Coroner of Christian County
P.O. Box 851
Hopkinsville, Kentucky 42240
Opinion
Opinion By: Robert F. Stephens, Attorney General; By: Thomas R. Emerson, Assistant Attorney General
This is in reply to your letter raising a question concerning a coroner's failure to sign the official death certificate.
On October 5, 1978, in the east bound lane of Interstate 24 in Christian County, Kentucky, the remains of a human skeleton were found in a burning automobile. Positive identification, in your opinion, was impossible by sight, fingerprints, dental records or any other known or accepted mode of identification. An autopsy of the remains revealed only that the skeleton was that of a young adult female.
An investigation of the matter indicated the automobile involved belonged to Carol Ann Emerson of Cadiz, Kentucky. Furthermore, evidence indicated that Carol Ann Emerson was in the automobile alone on the night it was found burning with the skeletal remains inside. The remains were released to Glenn Duane Emerson after seventy-two hours. He was the husband of Carol Ann and believed that the deceased was his wife.
On October 16, 1978, you, as coroner, received a death certificate for Carol Ann Emerson for your signature. Your signature on the certificate would certify that Carol Ann Emerson did in fact die on October 5, 1978, but since you could not positively identify the body as that of Carol Ann Emerson you have not signed the official death certificate.
Your question to this office is whether you have followed the proper course of action by not signing the official death certificate.
We first direct your attention to KRS 72.400 to 72.475, "The Kentucky Coroner's Act of 1978." Note the following definition in KRS 72.405(2):
"'Coroner's case' means a case in which the coroner has reasonable cause for believing that the death of a human being within his county was caused by homicide, crime, violence, accident, suicide, poison, drowning, illegal abortion, or unusual circumstances. It also includes death in any prison, jail, or penal institution; death while in police custody; death were unattended by a physician for more than thirty-six (36) hours prior to death; and all deaths where the body is to be cremated. "
KRS 72.410 provides that the coroner of each county shall investigate the cause and manner of all deaths that are defined as a coroner's case. Furthermore, the coroner may, in his sound discretion, during his investigation, request the assistance of the district medical examiner and the state medical examiner, order an autopsy and hold an inquest. A "coroner ordered autopsy" is defined in KRS 72.405(1) and a coroner's inquest is discussed in KRS 72.420.
In connection with the providing of assistance to coroners see KRS 72.210 to 72.275 pertaining to the "Medical Examiner Service Program."
KRS 213.080 deals with the certificate of death and the circumstances under which it is made and signed by the physician. KRS 213.090 pertains to those situations when death occurs without a physician in attendance and the duties of a coroner concerning the certificate of death. That statute in subsection (1) provides in part as follows:
". . . If the circumstances of the case render it probable that the death was caused by crime, suicide, or by drowning or other sudden cause, or if death occurred without the attendance of a physician at any time during the thirty-six (36) hours immediately prior to death, or if the body is to be cremated or transported out of the state for burial, the registrar shall refer the case to the coroner for his investigation and certification."
In OAG 75-20, copy enclosed, at page four, we said that the coroner must sign the death certificate where it is probable that death occurred under the circumstances set forth in KRS 213.090(1). In that opinion the cause of death was the issue in question rather than identification of the body. That opinion, however, recognized that there will be some instances where a conclusive answer cannot be obtained but that the terms of the statute (KRS 213.090) must be followed utilizing the evidence, opinions and other information available to arrive at the most logical conclusion possible.
The coroner in performing his statutory duty to sign the death certificate pursuant to KRS 213.090 has many tools at his disposal to assist him in arriving at the most accurate conclusions possible. In addition to his ability, skill and experience, "The Kentucky Coroner's Act of 1978" authorizes him, in his sound discretion to order an autopsy, hold an inquest and request the assistance of the state medical examiner program. See KRS 72.410 and KRS 72.210 to 72.275. Furthermore KRS 72.415 sets forth additional powers and authority available to coroners, including the power to seize evidence, to interrogate persons, and to require the production of medical records, books, papers, documents or other evidence.
We can appreciate your concern over the lack of a positive identification of the body and your desire to be absolutely accurate in your conclusions. Hopefully, this case represents an exception in connection with your work as county coroner. However, it is our opinion that you, as the coroner, must sign the certificate of death pursuant to KRS 213.090 as the situation you have set forth constitutes a coroner's case. Absolute accuracy in your findings, while certainly desired, is not required by statute and cannot always be attained. The death certificate, which you must sign, will represent your honest opinions and conclusions based upon the best available evidence from the various sources at your disposal.