On December 14, 2017, in a contentious 4-3 decision, the Ohio Supreme Court ruled that certain parts of autopsies/coroner’s reports involving ongoing investigations may be redacted under the Ohio Public Records Act. State ex rel. Cincinnati Enquirer v. Pike Cty. Coroner’s Office, 2017-Ohio-8988 (2017).
The Cincinnati Enquirer and the Columbus Dispatch requested the final autopsy reports from the Pike County Coroner’s Office (PCCO) involving the two Pike County families that were mysteriously massacred in 2016. The PCCO denied the request, claiming that the autopsies were exempt as confidential law enforcement investigatory records. Both papers subsequently filed suit to the Supreme Court, seeking a writ of mandamus to compel the release of the final autopsy reports. Almost two months later, the PCCO released redacted autopsy reports, but the papers argued that the unredacted versions had to be released under the Ohio Public Records Act.
Under the Public Records Act, “confidential law enforcement investigatory records” are exempt from disclosure, as well as “records of a deceased individual that are confidential law enforcement investigatory records,” even though coroner’s records are generally public records. The Court held that an autopsy report is a “record of a deceased individual.”
The papers also argued that the reports could not be confidential law enforcement investigatory records because they were prepared by Pike County Coroner, not a law enforcement officer. The Court held that the exemption can apply to records prepared by non-law enforcement officers. Therefore, the redactions were allowed under the Ohio Public Records Act sine the redactions were made to protect records of the deceased that are confidential law enforcement investigatory records.
Justices Sharon L. Kennedy and Patrick F. Fischer, joined by Justice Terrence O’Donnel, authored strong dissents objecting to the decision and its possible ramifications on the Public Records Act. Given the impending resignation of Justice William M. Mc’Neill, one of the four votes in favor of the decision, and the strong dissents from the other three Justices, it is uncertain how the Court will rule in the future on similar matters. However, counties should now be aware that coroners’ autopsy reports can now potentially be redacted if they are part of an ongoing investigation.
Attorneys at FHKAD routinely advise and defend public entities regarding public records matters. For more information, contact Frank Hatfield at (614) 221-1216 or fhatfield@fishelhass.com.