Public Servants
Coroners play a significant role in public service. In KRS 72.400, the General Assembly recognized the coroner as an “elected constitutional peace officer” and that the coroner’s work in “the ascertainment of the cause and manner of death in cases in which the coroner has jurisdiction is an essential governmental service.”
Coroners are called upon to handle matters related to the death of an individual in the community. Sometimes, coroners must initiate and conduct investigations into a person’s death that was accidental, sudden, unexplained or may have been the result of criminal activity. Within these investigations, coroners often engage in actions that are typically within the traditional province of law enforcement.
The coroner’s legal authority arises from Kentucky’s Constitution and mandates the election of the coroner for a four-year term in each county.
While the Kentucky Constitution creates the office of the coroner, the Kentucky Revised Statutes provide the scope of authority for the office. Coroners and deputy coroners are required to take the constitutional oath of office and must execute a surety bond before assuming office. (Ky. Const. § 228; KRS 72.010.)
“Because coroners possess the “full power and authority of peace officers,” coroners are advised to stay abreast of current law concerning the use of force, search and seizure, interrogations, open records, and laws of arrest to aid in the fulfillment of constitutional and statutory duties.”
KRS. 64.185 establishes the minimum compensation for coroners and their deputies. The minimum compensation is based upon the county’s population and level of continuing education.
KRS 64.185 also defines the number of deputies that can be employed by the coroner. Specifically, KRS 64.185(6) provides that the number of deputy coroners in a county shall not exceed one for every 25,000 residents based on the most recent federal census.
KRS 64.185(6) does, however, permit the coroner to appoint additional deputy coroners regardless of population upon the consent of the legislative body of the county.
The Kentucky Revised Statutes define the duties, powers and responsibilities of the coroner. KRS 72.410(1) requires the coroner to investigate the cause and manner of all deaths that are declared a “coroner’s case.” A “coroner’s case” is defined in KRS 72.405(2) as a case wherein the coroner has reasonable cause to believe that the death was caused by any of the conditions outlined in KRS 72.025.
KRS 72.025 mandates coroners to require a post-mortem examination of the deceased when the death of a human being appears to be the result of:
Homicide/act of violence
Suicide
Presence of drugs/poisons in the body
Motor vehicle accident and the operator left the scene, or the body was found in or near a highway or railroad
Occurred in a mental institution or while in police custody and no previous medical history can explain the death
Motor vehicle accident and no appearance of lethal traumatic injury
Fire/explosion
Child abuse
Unnatural circumstances
The finding of skeletal remains
Decomposition exists to the extent that external examination of the corpse cannot rule out injury or where criminal activity cannot be ruled out
Drowning
Sudden infant death syndrome
Accident
The deceased being under 40 years of age and no past medical history explains the death
A death occurring at a worksite and/or industrial toxins may have contributed to the cause of death
The body is to be cremated and no past medical history explains the death
When the death is sudden and unexplained, and
There are no current medical treatment and no ascertainable medical history indicating the cause of death.
Under KRS 72.020(1), any person, hospital, or institution finding or having possession of the body of any person whose death occurred under any of the circumstances outlined in KRS 72.025(1)-(12) shall immediately notify the coroner and a law enforcement agency.
Under KRS 72.020, the coroner “shall take possession of any objects, medical specimens, or articles which, in his opinion, may help establish the cause of death, and he can make or cause to be made such tests and examinations of said objects as may be necessary or useful in determining the cause of death.” All evidence collected by a coroner and a copy of all examinations made shall be retained by the coroner and turned over to the appropriate prosecutor unless otherwise ordered by a trial court.
For death investigations, KRS 72.415 provides that “coroners and deputy coroners shall have the full power and authority of peace officers in this state, including the power to arrest and the authority to bear arms.”
Accordingly, coroners are strongly encouraged to review the laws of arrest as established in KRS 431.005 and KRS 431.015. Coroners and deputy coroners also have the power and authority to administer oaths, enter public or private premises to make investigations, seize evidence, interrogate persons, require the production of medical records, books, papers, documents or other evidence, impound vehicles involved in vehicular deaths, employ special investigators and photographers and expend funds necessary for carrying out the investigations of coroner’s cases.
Concerning training, the General Assembly expressed its intent in KRS 72.400 “to encourage the coroner to participate in approved training sessions to improve” skills and to cooperate with the Office of the Kentucky Medical Examiner.
KRS 72.415(2)(a) further requires deputy coroners to hold a high school diploma or its equivalent, complete a 40-hour basic training course after the first year of employment, and complete a training course of at least 18 hours each calendar year.
Basic and in-service training for coroners is offered through the Department of Criminal Justice Training. Investigative information, crime scene investigation, photography, record keeping, search and seizure, open records laws and use of force law are topics included during these trainings.
The office of the coroner is a significant component of governmental service. Because coroners possess the “full power and authority of peace officers,” coroners are advised to stay abreast of current law concerning the use of force, search and seizure, interrogations, open records, and laws of arrest to aid in the fulfillment of constitutional and statutory duties.
