PENN JERSEY ADVANCE, INC. d/b/а Easton Publishing Company, Appellant v. Scott GRIM, Lehigh County Coroner, Appellee The Morning Call, Inc. and Joseph McDonald, Appellants v. Scott Grim, in his capacity as Lehigh County Coroner, Appellee.
Supreme Court of Pennsylvania.
Argued April 16, 2008. Decided Jan. 22, 2009.
962 A.2d 632
Michael Alan Henry, Esq., Malcolm J. Gross, Esq., Gross, McGinley, LaBarre & Eaton, L.L.P., Allentown, for The Morning Call, Inc. and Joseph McDonald.
Teri L. Henning, Esq., Melissa Bevan Melewsky, Esq., Pennsylvania Newspaper Association, Harrisburg, for Pennsylvania Newsрaper Association.
Stuart T. Shmookler, Esq., County of Lehigh Department of Law, Allentown, for Scott Grim.
BEFORE: CASTILLE, C.J., and SAYLOR, EAKIN, BAER, TODD and McCAFFERY, JJ.
OPINION
Justice McCAFFERY.
The issue presented by this appeal is whether a coroner‘s autopsy report is an “official” record or paper within the meaning of Section 1251 of the act commonly referred to as the “Coroner‘s Act.”1 The Commonwealth Court held that it is not. We granted allowance of appeal in order to clarify the matter in light of apparent inconsistencies among this Court, the Commonwealth Court, and the Superior Court in the application of Section 1251. For the reasons set forth below, we reverse.2
The facts are as follows. Police Officer Jesse Sollman was shot inside the Easton, Northampton County police headquarters on March 25, 2005, and was pronounced dead at St.
Representatives of the two newspapers filed respective mandamus actions and motions for peremptory judgment in which they sought to compel Grim, pursuant to Section 1251 of the Coroner‘s Act, to deposit all of his official records and рapers for 2005, including his autopsy report on Officer Sollman, with the Clerk of Courts of Lehigh County.3 Section 1251 of the Coroner‘s Act provides:
Every coroner, within thirty (30) days after the end of each year, shall deposit all of his official records and papers for the preceding year in the office of the prothonotary for the inspection of all persons interested therein.
On appeal from both orders, the Commonwealth Court reversed, holding that autopsy reports are not “official records and papers” of a coroner under Section 1251. Penn Jersey Advance, Inc. v. Grim, 910 A.2d 120, 124-25 (Pa.Cmwlth. 2006).4 In doing so, the court relied exclusively on its decision in Johnstown Tribune Publishing Company v. Ross, 871 A.2d
Our holding in Johnstown Tribune was premised upon basic principles of statutory construction as well as privacy concerns. A coroner‘s statutory duty undеr the Coroner‘s Act is to ascertain the cause and manner of suspicious deaths. Johnstown Tribune, 871 A.2d at 328. See also Section 1237 of the Coroner‘s Act,
16 P.S. § 1237 (describing a coroner‘s duties and the narrow purpose of a coroner‘s investigation); Section 1238 of the Coroner‘s Act,16 P.S. § 1238 (requiring an autopsy only when the coroner‘s investigation is inconclusive as to cause and manner of death). Thus, the legislature‘s use of the word “official” in the phrase “official records and paрers” is significant. It implies that there are “unofficial” records within the coroner‘s custody that are not subject to disclosure. It follows that the “official” records that a coroner must deposit with the prothonotary are those that state the cause of death and whether it was the result of criminal conduct. Johnstown Tribune, 871 A.2d at 328. We also determined in Johnstown Tribune that if autopsy reports were included as part of the “official” records, an irreconcilаble conflict would arise between Section 1251 and Section 1236.1(c) of the Coroner‘s Act, which allows for the coroner to charge and collect a fee of up to one hundred dollars ($100) for an autopsy report. Finally, this Court noted that if autopsy reports were to become part of the official record, much more than the cause and manner of death could be revealed to thе public, such as potentially privileged information related to the decedent‘s medical history and graphic photographs taken during the autopsy. Id. at 329.
Penn Jersey Advance, 910 A.2d at 122-123 (footnote omitted). In adopting the analysis used in Johnstown Tribune, the Commonwealth Court explicitly rejected the trial court‘s de-
We have set forth our standard of review and guiding principles for statutory construction cases as follows:
As the question is one of statutory interpretation, a purely legal issue, this Court‘s substantive review is plenary and non-deferential. The object of interpretation and construction of all statutes is to ascertain and effectuate the intention of the General Assembly. See
1 Pa.C.S. § 1921(a) . When the words of a statute are clear and free from all ambiguity, their plain language is generally the best indication of legislative intent. A reviewing court should resort to other considerations to determine legislative intent only when the words of the statute are not explicit.1 Pa.C.S. § 1921(b) . In ascertaining legislative intent, this Court is guided by, among other things, the primary purpose of the statute, see1 Pa.C.S. § 1921(c)(4) , and the consequences of a particular interpretation. Id.§ 1921(c)(6) .
In re Carroll, 586 Pa. 624, 636, 896 A.2d 566, 573 (2006) (case citations omitted). Moreоver, “[i]t is axiomatic that in determining legislative intent, all sections of a statute must be read together and in conjunction with each other, and construed with reference to the entire statute.” Housing Authority of Chester County v. Pennsylvania State Civil Service Commission, 556 Pa. 621, 640, 730 A.2d 935, 945 (1999).
We must determine here whether an autopsy report constitutes a coroner‘s official record or paper. If so, it must be disclosed pursuant to Section 1251. The Coroner‘s Act does not define “autopsy report,” nor does it define “official records and papers.” Therefore, pursuant to our rules of statutory interpretation as outlined above, we look to the provisions of the Coroner‘s Act for guidance. If it appears from these provisions that the conducting of an autopsy is a duty of a coroner in his or her official capacity, it reasonably follows that the resulting autopsy report is an official record or paper subject to disclosure under Section 1251.
Under Section 1237 of the Coroner‘s Act, in cases of certain deaths (including, as here, those occurring under suspicious circumstances or as a result of violence or trauma), “[t]he coroner having a view of the body shall investigate the facts and circumstances concerning deaths which appear to have happened within the county ... for the purpose of determin- ing whether or not an autopsy should be conducted or an
It is clear from these sections of the Coroner‘s Act that conducting autopsies is one of the official duties of a coroner. It follows logically that a coroner‘s rеsulting autopsy reports constitute “official records and papers” within the meaning of Section 1251.6 Accordingly, to the extent that Buchanan left any room for doubt, we now hold expressly that autopsy reports are “official records and papers” under Section 1251. The Commonwealth Court erred in concluding otherwise.
In reaching this holding, we have not ignored the concern noted by the Commonwealth Court that, if autopsy reports are defined аs “official records,” the public may be able to gain access to material such as “potentially privileged information, related to the decedent‘s medical history and graphic photographs taken during the autopsy.” Penn Jersey Advance, 910 A.2d at 123; Johnstown Tribune, 871 A.2d at 329.7 Although interests of privacy or potential privilege were
not argued as a basis for non-disclosure in the instant matter, we note that the Commonwealth Court‘s concern, while certainly legitimate, does not justify reclassifying autopsy reports from “official” records to “unofficial” ones. As we noted in Buchanan, trial courts are adequately equipped and authorized to protect autopsy reports from disclosure based on “judicial discretion and necessity” under appropriate circumstances. Buchanan, supra at 631, 880 A.2d at 575. This inherent power provides trial courts with the means to limit public access to autopsy reports (or portions thereof) based on privаcy or privilege concerns where warranted. For example, if graphic photographs or items of information subject to a claim of privilege are included as part of an autopsy report, anyone seeking to protect an interest in such material, and having standing to do so, can seek appropriate relief from the trial court.
Finally, we do not share the Commonwealth Court‘s рerception that there is a conflict between Section 1251, which may allow access to autopsy reports free of charge if they are deemed “official” records, and the later-enacted Section 1236.1(c), which allows a coroner to charge for autopsy reports. Penn Jersey Advance, 910 A.2d at 122-23 (citing Johnstown Tribune, 871 A.2d at 329). By the terms of Section 1251, the records that a coroner must deposit with the prothonotary are not avаilable until thirty days after the end of each year, at which time interested persons may “inspect” such records. Section 1236.1, which is entitled “Requests for examinations and reports,” authorizes a coroner to charge up to $100 for each autopsy report, without mention of any time requirement.
For the above reasons, we reverse the decision of the Commonwealth Court and remand the case to the trial court for further proceedings consistent with this Opinion.
Chief Justice CASTILLE, Justice SAYLOR and BAER, and Justice TODD join the opinion.
Justice EAKIN files a concurring and dissenting opinion.
Justice EAKIN, concurring and dissenting.
I concur with the majority‘s finding
Preliminarily, I do not agree “conducting autopsies is one of the official duties of a coroner.” See Majority at
Nothing in the statute hints at what is distinguishes “official records and papers” from non-official records and papers. Autopsy reports normally consist of the details of the examination, and a conclusory portion that addresses cause and manner of death based on those details. I believe the latter is appropriately part of the “official” report, for it deals with that which the coroner is obliged to find. However, the entirety of the autopsy notes should not be deemed such.
An autopsy is an interrogation of the body. It is not pleasant for the “layman” to contemplate what actually is done
Here, the majority concludes “trial courts are adequately equipped and authorized to protect autopsy reports from disclosure based on ‘judicial discretion and necessity’ under appropriate circumstances.” Majority at 542, 962 A.2d at 637. I believe this does not express good public policy, for it places the onus on those who are affected adversely by the automatic public display of very private information. The majority offers no guidance on what might be “appropriate circumstances” much less “necessity,” nor does it suggest with what parameters judicial discretion should be exercised.
Why should the family of the deceased, understandably wishing to keep intimate details of their loved one from the prurient public eye, have to affirmatively seek protection? Having a loved one die under circumstances requiring an autopsy is tragedy enough for the family; thinking of whаt that autopsy entails for the body of the deceased is exponentially disturbing for them. Does the family really have to run to court to try to avoid routine disclosure of the deceased‘s weight, muscle tone, the condition of internal organs, the presence and progress of disease, and such other physical abnormalities that confront us all but are no one else‘s business? Requiring the public exposition оf every detail of the body borders on abominable; matters having nothing to do with cause and manner of death should remain private, and not be routinely disclosed. If there is reason for such information to come out, let it be the requesting party who must show cause.
I disagree with the majority‘s rejection of the Commonwealth Court‘s application of Ross rather than Com. ex rel. District Attorney of Blair County, In re Buchanan, 583 Pa. 620, 880 A.2d 568 (2005). See Majority at 537-39, 962 A.2d at 634-35. Buchanan did not expressly hold autopsy reports are “official records and papers” under § 1251; rather, it determined that a trial court has discretion to seal an autopsy report in order to preserve an ongoing criminal investigation. Buchanan, at 575. Here, there are no concerns about criminal investigations; rather, the question involves mandatory public disclosure in every case. This case is distinguishable from Buchanan and more analogous to Ross, where the coroner disclosed documents detailing cause of death and other information relevant to that conclusion, and the Commonwealth Court held the coroner fulfilled her duty.
I believe the approach in Ross was the correct one, and certainly the humane one. The coroner‘s official duties involve the cause and manner of death, and the requirements of a coroner‘s official report within the meaning of § 1251 should not be expanded beyond those parameters. If the coroner chooses to file the entire report, it may be inspected; however, the coroner has the discretion to file only the conclusions, which meets the requirements of the statute, just as if no autopsy was performed. If there is a dispute, the coroner‘s decision should have the presumption of correctness given the discretionary acts of other elected officials, and the burden of proving otherwise should be on the inquisitive party.