Inquests:What, When, & How

HON. DAVID COBOSJUSTICE OF THE PEACE, MIDLAND COUNTY

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What is an inquest?

An investigation and determination of cause and manner of death

NOT a pronouncement of death

49.01(2) CCP

Why do JPs perform them?•Texas’ unique geography and diversity between rural and urban doesn’t often allow for the same resources. •Counties without medical examiners still need an authority figure to make decision as to cause and manner of death. •Not all deaths are crimes needing criminal investigation.

How is an inquest conducted?Can be informal◦Take notes◦Read medical recordsCan be formal and even have a hearing

The powers granted and duties imposed on a justice of the peace under this article are independent of the powers and duties of a law enforcement agency investigating a death.

49.03 CCP

JPS & LAW ENFORCEMENT WORK TOGETHER, BUT INDEPENDENTLY

Compensation for inquestA justice of the peace has a mandatory duty to perform inquests when the statute requires it, and a commissioners court may not pay the JP additional compensation for doing so. However, this does not prohibit commissioners court from paying mileage to and from inquests, if the JP has a budget line item for this expenditure. AG Opinion GA-193 (2004)

When do you have to perform an inquest?CCP 49.04 “DEATHS REQUIRING AN INQUEST”

When do you have to perform an inquest?

inmate death unnatural death found body unlawful death suicide not attended by a

physician or physician unable to certify death

child < 6 if unexpected or abuse/neglect

Inmate DeathInquest if the person dies in prison (except lawful execution) or in jail If a person confined in a penal institution dies, the sheriff or other person in charge of the penal institution shall as soon as practicable inform the justice of the peace of the precinct where the penal institution is located of the death.

Unnatural Death Any death that the Death Certificate cannot be signed by a Physician, but must be signed by a JP or ME.

(other than legal execution)

Body PartsInquest if a body or a body part of a person is found and the cause of circumstances of death are unknown (regardless if the person is identified or unidentified)

Complications with Body Parts

•Plane crashes, train derailments, and MVA may distribute the body over the distance from just a few feet up to a mile or more .

•Occasionally will be because of homicide.•Floods can move bodies.

Unlawful MeansMurder, negligence, or foul play suspected.

SuicideThe person commits suicide or the circumstances of the death indicate that the death may have been caused by suicide.

Family PressureOften do not want to believe a loved one committed suicide.

Claim the person was “happy,” or was even “doing better.”

“Many people never let on what they are feeling or planning. The paradox is that the people who are most intent on committing suicide know that they have to keep their plans to themselves if they are to carry out the act,” Dr. Michael Miller, assistant professor of psychiatry at Harvard Medical School.

“Sudden calmness — Suddenly becoming calm after a period of depression or moodiness can be a sign that the person has made a decision to end his or her life.” The Cleveland Clinic Foundation

No Attending DoctorIf the person dies without having been attended by a physician or if the person dies while attended by a physician who is unable to determine the cause of death and who requests the justice of the peace to conduct an inquest

The Dr. won’t literally say, “I want a JP to conduct an inquest.” Might say “I can’t or won’t certify…”

Then the JP must do the inquest

A physician cannot order an autopsy for the purpose of determination of cause of death.

However, does not prohibit the family from requesting an autopsy (they have to pay the autopsy bill and transport bill).

Institution Death… means any place where health care services are rendered, including a hospital, clinic, health facility, nursing home, extended-care facility, out-patient facility, foster-care facility, and retirement home.

Child under 6

Must perform and inquest

Must order an autopsy if unexpected OR suspicion of abuse or neglect

Autopsies and Tests

Doctor’s OpinionAt his discretion, a justice of the peace may obtain the opinion of a county health officer or a physician concerning the necessity of obtaining an autopsy in order to determine or confirm the nature and cause of a death.The commissioners court of the county shall pay a reasonable fee for a consultation obtained by a justice of the peace.49.10 CCP

Discretion of JPIn every inquest, the justice of the peace shall:(1) direct a physician to perform an autopsy or(2) certify that no autopsy is necessary

49.10 CCP

Discretion of JPIf death caused by a communicable disease or

If directed to do so by the DA or county attorney

49.10 CCP

Fees for Ordered Autopsy(f) A justice of the peace shall request a physician toperform the autopsy.(g) The commissioners court shall pay a reasonable fee toa physician performing an autopsy on the order of ajustice of the peace, if a fee is assessed.(h) The commissioners court shall pay a reasonable fee forthe transportation of a body to a place where an autopsycan be performed under this article if a justice of thepeace orders the body to be transported to the place.49.10 CCP

DA Orders Autopsy If a person is injured in one county and dies as a result ofthose injuries in another county, the prosecution in thecounty where the injury occurred may request the JP inthe county where the death occurred to order an autopsybe performed on the body of the deceased person.

If the justice of the peace orders that the autopsy beperformed, the county in which the injury occurred shallreimburse the county in which the death occurred.49.10(o) CCP

Other TestingIf a justice of the peace determines that a complete autopsy isunnecessary to confirm or determine the cause of death, mayorder a physician to take or remove from a body a sample ofbody fluids, tissues, or organs in order to determine the natureand cause of death.49.10 CCP

Chemical AnalysisA JP may obtain a chemical analysis from a chemist, toxicologist, pathologist, or other medical expert to determine if death was caused by the poison or other chemical substance.

A JP shall order a chemical analysis if requested to do so by the physician who performed an autopsy on the body.The commissioners court shall pay a reasonable fee to a person who conducts a chemical analysis at the request of a justice of the peace.Art. 49.11 CCP

Liability of Person Performing Autopsy or Test

A person who performs an autopsy or makes a test on a body on the order of a justice of the peace in the good faith belief that the order is valid is not liable for damages if the order is invalid.49.12 CCP

Unidentified BodyMay use a forensic anthropologist and may try to determine cause and manner of deathMay order testingSpecific information must be obtained is performing a body identification

UNT has a ‘Center for Human Identification’ that is free

49.10 CCP

May not cremate if the body of a deceased person is

unidentified

Inquest Procedure

Time of InquestA justice of the peace shall conduct an inquestimmediately or as soon as practicable after thejustice receives notification of the death.

Art. 49.05(a) CCP

Notification of Investigating OfficialA physician (or other person who has possession of a body orbody part) shall immediately notify the JPA peace officer who has been notified of a death requiring aninquest hall immediately notify the JP

JP usually contacted through dispatch on a rotation49.07 CCP

Place of InquestA justice of the peace may conduct an inquest:•Where the death occurred;•Where the body was found; or•A place determined to be reasonable by the justiceReasonable: Funeral Home49.05(b)CCP

Offenses at the Scene•Class B misdemeanor -- to tamper with or remove a lock or seal placed on premises

•Class B misdemeanor – to intentionally hinder the entrance of a JP to a premises where a death occurred or a body is found

•Class C misdemeanor – to move the body of a decedent - or any part of the physical surroundings of the body - if the person tampers with a body

49.05, 49.06 & 49.22 CCP

Moving the BodyLAW ENFORCEMENT

May not without authorization from a justice of the peace.

Exception – emergency, such as a MVA clearing the road for traffic purposes)

JUSTICE OF THE PEACEOnly after a LE is notified of the death and has conducted an investigation

OR

If LE has not begun an investigation, a reasonable time has passed from the time the LE agency was notified.

49.05 CCP

County Judges not Exempt!

If no justice of the peace serving the county in which the body or body part was found is available to conduct an inquest, a person required to give notice under this article shall notify the county judge, and the county judge shall initiate the inquest. 49.07 CCP

County JudgesWithin 5 days after the inquest is initiated, the county judge shall transfer all information to the justice of the peace in whose precinct the body or body part was found for final disposition of the matter.

Inquest Bench ExchangeIf a justice of the peace or the county judge is not available to conduct an inquest, then the justice of the peace in the precinct in which the death occurred or the county judge may request a justice of the peace of another county to conduct the inquest.

Sec. 27.0545, Gov’t Code; Art. 49.07(c)(3), CCP

Inquest Bench ExchangeThe person reporting a death may ask the justice of the peace or county judge to request another justice of the peace from another county to perform the inquest if no justice of the peace is available in the county where the death occurred.

Art. 49.07(c)(3), Code of Criminal Procedure

Inquest Bench ExchangeThe justice of the peace who conducts the inquest must, not later than the fifth day after the date the inquest is initiated, transfer all information related to the inquest to the justice of the peace of the precinct in which the death occurred for final disposition of the matter.

Sec. 27.0545, Gov’t Code; Art. 49.07(c)(3), CCP

The justice of the peace who conducts the inquest is not entitled to receive any compensation from the commissioners court of the county where the death occurred other than mileage.Sec. 27.0545, Government Code

Records

Inquest Record•Shall make an inquest record for each inquest•Must include a report of the events, proceedings,findings, and conclusions of the inquest•Must include any autopsy prepared in the case and allother papers of the case•All papers must be marked with the case number and beclearly indexed and be maintained in the office of thejustice of the peace and be made available to theappropriate officials upon request.

49.15 CCP

Open Records

A JP may NOT withold an autopsy report from public inspection even if a prosecutor determines that its release could hinder a murder investigation.

Op. Tex. Att’y Gen. JC-0542 (2002)

Orders and Death Certificates

The justice of the peace or other person who conducts aninquest under this subchapter shall sign the death certificateand all orders made as a necessary part of the inquest.49.16 CCP

EvidenceA justice of the peace shall preserve all tangible evidence that tends to show the cause of death or identify the person who caused the death. The justice shall:

(1) deposit the evidence with the appropriate law enforcement agency to be stored in the agency's property room for safekeeping; or

(2) deliver the evidence to the district clerk for safekeeping subject to the order of the court.Art. 49.17 CCP

ResourcesMentorsNew Judge inquest simulationDeskbookWebinarsWorkshop with Texas Rangers on Death Investigation

Workshop at TxSU ‘Body Farm’ with anthropology department

Partner with UNT Body Identification Unit

Partner with Office of Vital Statistics TxEVERDeath Certificate Program

Thank You!