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Home , Inquest, Justice of the peace, Manner of death

: What, When, & How

HON. DAVID COBOS OF THE , MIDLAND COUNTY

© COPYRIGHT 2018. ALL RIGHTS RESERVED. NO PART OF THIS WORK MAY BE REPRODUCED OR TRANSMITTED IN ANY FORM OR BY ANY MEANS, ELECTRONIC OR MECHANICAL, INCLUDING PHOTOCOPYING AND RECORDING, OR BY ANY INFORMATION STORAGE OR RETRIEVAL SYSTEM WITHOUT PRIOR WRITTEN PERMISSION OF THE TEXAS JUSTICE TRAINING CENTER UNLESS COPYING IS EXPRESSLY PERMITTED BY FEDERAL COPYRIGHT . ADDRESS INQUIRIES TO: PERMISSIONS, TEXAS JUSTICE COURT TRAINING CENTER, 1701 DIRECTORS BLVD, SUITE 530, AUSTIN, TX, 78744. What is an ?

An investigation and determination of cause and manner of

NOT a pronouncement of death

49.01(2) CCP Why do JPs perform them? •Texas’ unique geography and diversity between rural and urban doesn’t often allow for the same resources. •Counties without medical examiners still need an authority figure to make decision as to cause and . •Not all are needing criminal investigation. How is an inquest conducted? Can be informal ◦Take notes ◦Read medical records Can be formal and even have a hearing The powers granted and duties imposed on a justice of the peace under this article are independent of the powers and duties of a agency investigating a death.

49.03 CCP JPS & LAW ENFORCEMENT WORK TOGETHER, BUT INDEPENDENTLY Compensation for inquest A justice of the peace has a mandatory duty to perform inquests when the requires it, and a court may not pay the JP additional compensation for doing so. However, this does not prohibit commissioners court from paying mileage to and from inquests, if the JP has a budget line item for this expenditure. AG Opinion GA-193 (2004) When do you have to perform an inquest? CCP 49.04 “DEATHS REQUIRING AN INQUEST”  inmate death  unnatural death When do  found body you have  unlawful death to  perform  not attended by a an physician or physician unable to inquest? certify death  child < 6 if unexpected or abuse/neglect Inmate Death Inquest if the person dies in prison (except lawful execution) or in jail If a person confined in a penal institution dies, the sheriff or other person in charge of the penal institution shall as soon as practicable inform the justice of the peace of the precinct where the penal institution is located of the death. Unnatural Death Any death that the cannot be signed by a Physician, but must be signed by a JP or ME.

(other than legal execution) Body Parts Inquest if a body or a body part of a person is found and the cause of circumstances of death are unknown (regardless if the person is identified or unidentified) Complications with Body Parts

•Plane crashes, train derailments, and MVA may distribute the body over the distance from just a few feet up to a mile or more . •Occasionally will be because of . •Floods can move bodies. Unlawful Means , , or foul play suspected. Suicide The person commits suicide or the circumstances of the death indicate that the death may have been caused by suicide. Family Pressure Often do not want to believe a loved one committed suicide. Claim the person was “happy,” or was even “doing better.” “Many people never let on what they are feeling or planning. The paradox is that the people who are most intent on committing suicide know that they have to keep their plans to themselves if they are to carry out the act,” Dr. Michael Miller, assistant professor of psychiatry at Harvard Medical School. “Sudden calmness — Suddenly becoming calm after a period of depression or moodiness can be a sign that the person has made a decision to end his or her life.” The Cleveland Clinic Foundation No Attending Doctor If the person dies without having been attended by a physician or if the person dies while attended by a physician who is unable to determine the and who requests the justice of the peace to conduct an inquest The Dr. won’t literally say, “I want a JP to conduct an inquest.” Might say “I can’t or won’t certify…”

Then the JP must do the inquest A physician cannot order an for the purpose of determination of cause of death.

However, does not prohibit the family from requesting an autopsy (they have to pay the autopsy bill and transport bill). Institution Death … means any place where health care services are rendered, including a hospital, clinic, health facility, nursing home, extended-care facility, out-patient facility, foster-care facility, and retirement home. Child under 6

Must perform and inquest

Must order an autopsy if unexpected OR suspicion of abuse or neglect and Tests Doctor’s Opinion At his discretion, a justice of the peace may obtain the opinion of a county health officer or a physician concerning the necessity of obtaining an autopsy in order to determine or confirm the nature and cause of a death. The commissioners court of the county shall pay a reasonable fee for a consultation obtained by a justice of the peace. 49.10 CCP Discretion of JP In every inquest, the justice of the peace shall: (1) direct a physician to perform an autopsy or (2) certify that no autopsy is necessary

49.10 CCP Discretion of JP If death caused by a communicable or

If directed to do so by the DA or county attorney

49.10 CCP Fees for Ordered Autopsy (f) A justice of the peace shall request a physician to perform the autopsy. (g) The commissioners court shall pay a reasonable fee to a physician performing an autopsy on the order of a justice of the peace, if a fee is assessed. (h) The commissioners court shall pay a reasonable fee for the transportation of a body to a place where an autopsy can be performed under this article if a justice of the peace orders the body to be transported to the place. 49.10 CCP DA Orders Autopsy If a person is injured in one county and dies as a result of those injuries in another county, the prosecution in the county where the injury occurred may request the JP in the county where the death occurred to order an autopsy be performed on the body of the deceased person. If the justice of the peace orders that the autopsy be performed, the county in which the injury occurred shall reimburse the county in which the death occurred. 49.10(o) CCP Other Testing If a justice of the peace determines that a complete autopsy is unnecessary to confirm or determine the cause of death, may order a physician to take or remove from a body a sample of body fluids, tissues, or organs in order to determine the nature and cause of death. 49.10 CCP Chemical Analysis A JP may obtain a chemical analysis from a chemist, toxicologist, pathologist, or other medical expert to determine if death was caused by the poison or other chemical substance. A JP shall order a chemical analysis if requested to do so by the physician who performed an autopsy on the body. The commissioners court shall pay a reasonable fee to a person who conducts a chemical analysis at the request of a justice of the peace. Art. 49.11 CCP Liability of Person Performing Autopsy or Test

A person who performs an autopsy or makes a test on a body on the order of a justice of the peace in the good faith belief that the order is valid is not liable for damages if the order is invalid. 49.12 CCP Unidentified Body May use a forensic anthropologist and may try to determine cause and manner of death May order testing Specific information must be obtained is performing a body identification UNT has a ‘Center for Human Identification’ that is free

49.10 CCP May not cremate if the body of a deceased person is unidentified Inquest Procedure Time of Inquest A justice of the peace shall conduct an inquest immediately or as soon as practicable after the justice receives notification of the death.

Art. 49.05(a) CCP Notification of Investigating Official A physician (or other person who has of a body or body part) shall immediately notify the JP A peace officer who has been notified of a death requiring an inquest hall immediately notify the JP JP usually contacted through dispatch on a rotation 49.07 CCP Place of Inquest A justice of the peace may conduct an inquest: •Where the death occurred; •Where the body was found; or •A place determined to be reasonable by the justice Reasonable: Home

49.05(b)CCP Offenses at the Scene •Class B -- to tamper with or remove a lock or seal placed on premises •Class B misdemeanor – to intentionally hinder the entrance of a JP to a premises where a death occurred or a body is found •Class C misdemeanor – to move the body of a decedent - or any part of the physical surroundings of the body - if the person tampers with a body

49.05, 49.06 & 49.22 CCP Moving the Body LAW ENFORCEMENT JUSTICE OF THE PEACE May not without Only after a LE is notified of authorization from a the death and has conducted justice of the peace. an investigation OR Exception – emergency, such as a MVA clearing If LE has not begun an the road for traffic investigation, a reasonable time has passed from the purposes) time the LE agency was notified.

49.05 CCP County not Exempt!

If no justice of the peace serving the county in which the body or body part was found is available to conduct an inquest, a person required to give notice under this article shall notify the county , and the shall initiate the inquest. 49.07 CCP County Judges Within 5 days after the inquest is initiated, the county judge shall transfer all information to the justice of the peace in whose precinct the body or body part was found for final of the matter. Inquest Exchange If a justice of the peace or the county judge is not available to conduct an inquest, then the justice of the peace in the precinct in which the death occurred or the county judge may request a justice of the peace of another county to conduct the inquest.

Sec. 27.0545, Gov’t Code; Art. 49.07(c)(3), CCP Inquest Bench Exchange The person reporting a death may ask the justice of the peace or county judge to request another justice of the peace from another county to perform the inquest if no justice of the peace is available in the county where the death occurred.

Art. 49.07(c)(3), Code of Inquest Bench Exchange The justice of the peace who conducts the inquest must, not later than the fifth day after the date the inquest is initiated, transfer all information related to the inquest to the justice of the peace of the precinct in which the death occurred for final disposition of the matter. Sec. 27.0545, Gov’t Code; Art. 49.07(c)(3), CCP The justice of the peace who conducts the inquest is not entitled to receive any compensation from the commissioners court of the county where the death occurred other than mileage. Sec. 27.0545, Government Code Records Inquest Record •Shall make an inquest record for each inquest •Must include a report of the events, proceedings, findings, and conclusions of the inquest •Must include any autopsy prepared in the case and all other papers of the case •All papers must be marked with the case number and be clearly indexed and be maintained in the office of the justice of the peace and be made available to the appropriate officials upon request. 49.15 CCP Open Records

A JP may NOT withold an autopsy report from public inspection even if a determines that its release could hinder a murder investigation.

Op. Tex. Att’y Gen. JC-0542 (2002) Orders and Death Certificates

The justice of the peace or other person who conducts an inquest under this subchapter shall sign the death certificate and all orders made as a necessary part of the inquest. 49.16 CCP A justice of the peace shall preserve all tangible evidence that tends to show the cause of death or identify the person who caused the death. The justice shall: (1) deposit the evidence with the appropriate law enforcement agency to be stored in the agency's room for safekeeping; or (2) deliver the evidence to the district clerk for safekeeping subject to the order of the court. Art. 49.17 CCP Resources Mentors Workshop at TxSU ‘Body Farm’ with anthropology New Judge inquest department simulation Partner with UNT Body Deskbook Identification Unit Webinars Partner with Office of Vital Statistics TxEVER Workshop with Texas Death Certificate Rangers on Death Program Investigation Thank You!