Hearst Television, Inc. v. Norris
8 A.3d 420
| Pa. Commw. Ct. | 2010Background
- A 19-year-old student died in Shippensburg; Requesters sought the manner of death records from the Cumberland County Coroner.
- Coroner denied access, citing the Coroner's Act requiring 30 days after year-end to deposit records with the prothonotary.
- RTKL appeal followed; the Office of Open Records denied immediate access relying on RTKL 708(b)(20) and Penn Jersey guidance.
- Trial court upheld the OOR, rejecting the Proviso as an automatic disclosure trigger and relying on statutory interaction with the Coroner's Act.
- Penn Jersey held autopsy records are official coroner records depositing with the prothonotary, suggesting a framework for timing and access.
- Court ultimately held that manner-of-death records are not immediately disclosable under RTKL due to conflicts with the Coroner's Act and related provisions.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Are manner-of-death records immediately disclosable under RTKL? | Requesters: Proviso requires immediate disclosure; no reference to 1251 limits. | Norris: Immediate disclosure conflicts with Coroner's Act and 1251/1236.1; not required now. | Not immediately disclosable; RTKL deferential to Coroner's Act. |
| Does RTKL conflict with the Coroner's Act requiring timing for disclosure? | RTKL should provide prompt access consistent with public records objective. | Coroner's Act controls timing; 1251/1236.1 create discretion and annual filing obligations. | RTKL does not override and cannot mandate immediacy; there is a conflict resolved in favor of the Coroner's Act. |
| Are costs or attorney's fees recoverable for this RTKL appeal? | Eligibility for fees under RTKL §1304(a) given misalignment with Proviso/RTKL intent. | Fees under §1304(b) denied; issue novel but not frivolous or bad faith. | No costs or fees awarded to either party. |
Key Cases Cited
- Penn Jersey Advance, Inc. v. Grim, 599 Pa. 534 (Pa. 2009) (autopsy records governed by Coroner's Act timing; lack of RTKL supremacy language)
- SWB Yankees LLC v. Gretchen Wintermantel, 999 A.2d 672 (Pa. Cmwlth. 2010) (plenaries on RTKL review; standard for legal error review)
- Girgis v. Board of Physical Therapy, 859 A.2d 852 (Pa. Cmwlth. 2004) (statutory construction principles; cannot insert words legislature did not supply)