Washington State

House of Representatives

Office of Program Research

BILL

ANALYSIS

Civil Rights & Judiciary Committee

HB 1227

This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent.

Brief Description: Providing coroners with additional subpoena duces tecum authority.

Sponsors: Representatives Walen, Klippert and Jinkins.

Brief Summary of Bill

  • Authorizes a coroner, in the course of an active or ongoing death investigation, to request that the superior court issue a subpoena for the production of documents or other records.

Hearing Date: 1/30/19

Staff: Cece Clynch (786-7195).

Background:

County Coroner.

The county coroner is an elected position whose primary function is death investigations. In a county with a population of 250,000 or more, the county legislative authority may, upon majority vote at an election called by the county legislative authority, adopt a system under which a medical examiner may be appointed to replace the office of the coroner.

The coroner is responsible for making determinations with respect to the cause, manner, and mechanism of death in those cases falling under his or her jurisdiction. The jurisdiction of the coroner extends to the bodies of all deceased persons who come to their death in a variety of circumstances set forth in statute, including:

At his or her discretion, a coroner may hold an inquest if the coroner suspects that the death was unnatural, violent, resulted from unlawful means, resulted from suspicious circumstances, or was a suicide or homicide. When the coroner determines to hold an inquest, he or she notifies the superior court to provide persons to serve as a jury. At the coroner's request, the superior court must schedule a courtroom in which the inquest may be convened, as well as a bailiff, reporter, and any security deemed reasonably necessary by the coroner. Statute provides for situations in which the court cannot make a courtroom available.

Coroners are authorized to issue subpoenas for witnesses and must summon and examine as witnesses every person who, in the opinion of the coroner or the jury, has any knowledge of the facts. A witness served with a subpoena may be compelled to attend and testify, or be punished by the coroner for disobedience, in the same manner as a district judge may punish for disobedience of a subpoena.

Contempt of Court.

District court judges, like other judges, may impose sanctions for contempt of court. Contempt of court is any intentional:

Sanctions imposed for contempt of court may be either punitive or remedial. Punitive sanctions are imposed to punish a past contempt of court. A prosecuting or city attorney, on his or her own initiative or at the request of an aggrieved person or judge, must file an action to impose a punitive sanction. After a hearing, the court may impose a punitive sanction of a fine of up to $5,000, imprisonment in jail for not more than 364 days, or both.

Remedial sanctions are imposed to coerce performance with a court order. A court may initiate a proceeding to impose a remedial sanction on its own motion or on the motion of an aggrieved person. Remedial sanctions include coercive imprisonment, a forfeiture not to exceed $2,000 for each day the contempt continues, or other orders to ensure compliance.

In addition a judge presiding in an action may immediately and summarily impose either a remedial or punitive sanction for a contempt of court committed in the judge's presence in order to preserve order in the court and preserve the dignity of the court. Punitive sanctions that may be imposed under these circumstances include a fine of up to $500, imprisonment in jail for up to 30 days, or both.

Court Rules.

Civil Rule 45 is the superior court rule governing subpoenas for appearance, production of documents or tangible things, and for inspection of premises. The rule prescribes the form to be used, the manner of service, provides protections for persons subject to subpoenas, and sets forth the duties of a person responding to a subpoena. Civil Rule 45 provides that failure, without adequate excuse, to obey a subpoena may be deemed a contempt of the court from which it was issued. The courts of limited jurisdiction have a similar rule, CRLJ 45.

Summary of Bill:

In the course of an active or ongoing death investigation, a coroner may request that the superior court issue subpoenas for production of documents or other records and command each person to whom the subpoena is directed to produce and permit inspection and copying of documentary evidence or tangible things in the possession, custody, or control of that person at a specified time and place. A subpoena for production must substantively comply with the requirements of Civil Rule 45. A subpoena for production may be joined with a subpoena for testimony, or it may be issued separately.

Failure to comply with a subpoena for production may be punished as authorized in the statute which authorizes coroners to issue subpoenas for witnesses, which specifies that the punishment is the same as that which a district judge may impose for disobedience of a subpoena.

Appropriation: None.

Fiscal Note: Not requested.

Effective Date: The bill takes effect 90 days after adjournment of the session in which the bill is passed.