Hearst Television, Inc. v. Norris
54 A.3d 23
| Pa. | 2012Background
- Requester sought the manner of death of a Shippensburg student under RTKL; Coroner rejected; OOR upheld rejection.
- Coroner’s Act requires year-end deposit of all records with prothonotary by Jan 30; cause and manner of death records included.
- RTKL presumes public records but 708(b)(20) exempts autopsy records; proviso allows reporting of name and cause/manner of death.
- Conflict issue arises from timing and disclosure obligations between RTKL and Coroner’s Act sections 1251 and 1236.1; RTKL conflict provision may apply.
- Penn Jersey held 1236.1(c) provides rapid access for those who pay, without discretionary release implied by 1236.1(a).
- Majority holds that cause and manner of death records are immediately accessible under RTKL via 1236.1(c) and not impeded by year-end filing obligations.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Conflict between RTKL and Coroner’s Act timing | Hearst urged immediate RTKL access to manner of death. | Coroner argued 1251 timing controls; 1236.1(a) gives discretion, delaying release. | No irreconcilable conflict; both statutes provide access pathways. |
| Discretion under 1236.1(c) to release records | Penn Jersey limits discretion; RTKL supports immediate disclosure. | Discretion in 1236.1(a) extends to release timing; 1236.1(c) permits fees for rapid release. | 1236.1(c) does not grant discretion to withhold; permits rapid access for a fee. |
| Effect of RTKL conflict provision vs. Coroner’s Act | RTKL should override due to public-access presumption. | RTKL subservient to other laws under 67.3101.1. | RTKL aligns with Coroner’s Act; immediate access authorized. |
Key Cases Cited
- Penn Jersey Advance, Inc. v. Grim, 962 A.2d 632 (Pa. 2009) (rapid access under 1236.1(c) complements year-end filing under 1251)
- Commonwealth v. Boczkowski, 846 A.2d 75 (Pa. 2004) (limited manners of death; autopsy records generally privileged)
- Sternlicht v. Sternlicht, 876 A.2d 904 (Pa. 2005) (statutory construction guidance when confronted with conflicts)
- Laird v. Dep’t of Pub. Welfare, 23 A.3d 1015 (Pa. 2011) (de novo review and statutory interpretation)