Access to coroner’s report
Q: My question is to what elements of a coroner’s report to we have access?
A: I am unaware of any provision of the Government Code relating to coroners and coroners’ records that makes a coroner’s report confidential or precludes public disclosure of the coroner’s records, with the exception of limitations imposed on the disclosure of privileged communications of a decedent obtained by subpoena. Cal. Gov’t Code § 27491.8.
Because a coroner’s report is a writing containing information relating to the conduct of the public’s business prepared by a state or local agency, it is a record within the meaning of the California Public Records Act (“PRA”). There do not appear to be any California published cases addressing the disclosure of coroner’s records under the PRA.
However, in a case addressing the ability of a criminal defendant to obtain a copy of an autopsy report in order to prepare his defense, a California Court of Appeal held that, because California law requires coroners to investigate cause of death and keep records of the investigation, and the predecessor statute to the current Public Records Act made records open to the public, “[a]n autopsy report is a record that the coroner is required to keep and is therefore a public record which a citizen may inspect.” Walker v. Superior Court, 155 Cal. App. 2d 134, 139 (1957). This case has been followed by several other cases confirming the admissibility of coroner’s reports over hearsay objections, based on their status as “public records.” People v. Clark, 3 Cal. 4th 41, 158 (1992); People v. Wardlow, 118 Cal. App. 3d 375, 388 (1981); People v. Williams, 174 Cal. App. 2d 364, 390-91 (1959).
The statutory and case law generally supports a right of access to coroners’ reports. Nevertheless, please be aware that courts have become increasingly sensitive to concerns about personal privacy, and both private parties and public agencies now routinely invoke the California Constitution’s privacy provision as a justification for non-disclosure. I am unaware of any authority that addresses a claim that disclosure of coroner’s reports in general would violate the constitutional right of privacy. As a general proposition, courts have held that the right to privacy is personal, and cannot be asserted on behalf of a person who has died.
As a result, the entirety of a coroner’s report should be available for public access, subject to potential privacy concerns and the provisions of California Government Code section 27491.8.