Cassidy v. Teton Cnty. Coroner (In re Birkholz)
Cassidy v. Teton Cnty. Coroner (In re Birkholz)
Opinion of the Court
[¶1] Appellants, Paul Cassidy and Bruce Hayse, M.D., filed a W.R.C.P. Rule 60 motion to set aside the Coroner's Inquest Verdict. The district court dismissed the motion, concluding it lacked subject matter jurisdiction. We affirm.
ISSUE
[¶2] Appellants raise two issues, one of which is dispositive and rephrased as:
Does the district court have subject matter jurisdiction in a post-coroner inquest proceeding?
We do not address Appellants' second issue, whether post-inquest proceedings are governed by Wyoming's Administrative Procedure Act because that question is moot: the time for an administrative appeal has passed. When no controversy exists, courts will not consume their time dealing with moot questions.
*1104Reno Livestock Corp. v. Sun Oil Co. ,
FACTS
[¶3] This case arises from a seldom used proceeding, the coroner's inquest. Anthony Lee Birkholz and Dr. Hayse were among a group of six people gathered at Dr. Hayse's home in the early morning hours of January 17, 2017. While at Dr. Hayse's house, Mr. Birkholz suffered a medical event and 911 was called. An ambulance transported him to St. John's Medical Center in Jackson, Wyoming. He was subsequently transferred to Eastern Idaho Regional Medical Center in Idaho Falls, Idaho. Mr. Birkholz died January 18, 2017. Kenneth Krell, M.D., an Idaho physician who cared for him in the Eastern Idaho Regional Medical Center, signed his death certificate, which stated that the cause of death was brain death due to out-of-hospital cardiac arrest.
[¶4] Nearly four months later, the Teton County Coroner, Brent Blue, M.D., conducted a coroner's inquest. Dr. Blue empaneled a jury, called witnesses, and presided over the inquest. The proceedings were transcribed. Dr. Blue questioned witnesses, and at times, gratuitously construed witness testimony for the jury. He spoke with individuals who were not called as witnesses and reported these conversations to the inquest jury. Dr. Blue presented Mr. Birkholz's toxicology results to the inquest jury. No court order authorized the release of these reports and no notice of the public release was given to Mr. Birkholz's father, Paul Cassidy.
[¶5] The proceeding resulted in a Coroner's Inquest Verdict of "Death due to Aspiration Secondary to Alcohol and 5-methoxy-DMT Ingestion." The verdict listed contributing factors as failure to timely call 911 and failure to protect his head and airway when dragging Mr. Birkholz down the stairs. The Coroner's Inquest Verdict was filed in the District Court of Teton County, Ninth Judicial District Agency No. 1701P-2322. Paul Cassidy and Dr. Hayse filed a W.R.C.P. Rule 60 motion to set aside the inquest verdict. The district court clerk opened a new civil action (Civil Action No. 17667) and filed the motion in that action.
[¶6] The Teton County Coroner entered an order denying the motion to set aside the inquest verdict. The order was captioned in the coroner's inquest matter (Agency No. 1701P-2322) but was filed in the Civil Action 17667. The Teton County Coroner also filed a Motion to Dismiss the W.R.C.P. Rule 60 motion to set aside the inquest verdict in the civil action. The motion to dismiss alleged lack of subject matter jurisdiction (pursuant to W.R.C.P. Rule 12(b)(1) ), and failure to state a claim upon which relief can be granted (pursuant to W.R.C.P. Rule 12(b)(6) ). The district court concluded that it lacked subject matter jurisdiction and granted the motion to dismiss. This appeal follows.
STANDARD OF REVIEW
[¶7] "Subject-matter jurisdiction refers to the power of a court to hear and determine cases of the general class to which the proceedings in question belong." Christiansen v. Christiansen ,
DISCUSSION
[¶8] "An inquest proceeding is a statutorily authorized, nonbinding inquiry into the death of an individual, traditionally conducted by the coroner, to determine the cause of death." 18 C.J.S. Coroners § 10, Westlaw (database updated February 2019). An inquest is neither a prosecution nor a lawsuit, but is an inquisitorial proceeding *1105aimed at establishing the truth. It can contribute to accountability for wrong-doing but is not directly intertwined with criminal process. Paul MacMahon, The Inquest and the Virtues of Soft Adjudication ,
[¶9] Coroners originated in England around 1194.
[¶10] American colonists brought the institution of the coroner to the United States and coroner's inquests were common through the nineteenth century.
[¶11] In Wyoming, statutes establish the coroner's duties and the inquest process. "When the coroner is notified that ... the death resulted from injury sustained within the county and he suspects that the death is a coroner's case, he shall conduct an investigation which may include ... [a]n inquest."
[¶12]
[¶13] We have held this Court applies a de novo standard of review to issues of statutory construction and interpretation. Ramirez v. State ,
[¶14] "Inquisition" is defined by Black's Law Dictionary as "1. The record of the finding of the jury sworn by the coroner to inquire into a person's death. 2. A judicial inquiry, esp. in a derogatory sense. 3. Hist . Eccles. law . A persistent, grueling examination conducted without regard for the examinee's dignity or civil rights." Inquisition , Black's Law Dictionary (10th ed. 2014). The Merriam-Webster Dictionary alternatively defines inquisition as
1 a capitalized : a former Roman Catholic tribunal for the discovery and punishment of heresy
b : an investigation conducted with little regard for individual rights
c : a severe questioning
2 : a judicial or official inquiry or examination usually before a jury also : the finding of the jury
3 : the act of inquiring : EXAMINATION[.]
Inquisition, Merriam-Webster Dictionary, https://www.merriam-webster.com/dictionary/inquisition (last visited Feb. 6, 2019). If in place of the statutory language, we substitute the Merriam-Webster definition for an inquisition, "a judicial or official inquiry or examination usually before a jury" it opens the door a crack for the argument the legislature meant the district court to have jurisdiction in post-inquest proceedings.
[¶15] The district court, applying the doctrine of noscitur a sociis (a word is known by the company it keeps), found that the word "inquisition" in
The doctrine of construction-noscitur a sociis -teaches that "the meaning of particular terms in a statute be ascertained by reference to words associated with them in the statute; and that where two or more words of analogous meaning are employed together in a statute, they are understood to be used in their cognate sense, to express the same relations and give color and expression to each other."
Antonin Scalia & Bryan A. Garner, Reading Law: The Interpretation of Legal Texts , at 195 (2012) (citing City of Fort Worth v. Cornyn ,
[¶16] Appellants next argue that the district court has inherent equitable power to address post-inquest proceedings and that such a view is consistent with other jurisdictions. Appellants direct our attention to Estate of Severt v. Wood ,
[¶17] These cases are distinguishable from the case before us. Severt is at odds with our case because Ohio statutes specifically authorize *1107post-inquisition review by the court.
[¶18] Courts differ on whether a coroner acts in a judicial capacity when conducting an inquest. 18 Am. Jur. 2d Coroners § 8, Westlaw (database updated February 2019). Yet, "every court that has examined the issue" has held that the verdict was not subject to review, because it is "merely advisory," and has "no probative effect." In re Boston ,
[¶19] Washington, like Wyoming, does not address post-inquest proceedings in its statutes. In re Boston ,
[A]n inquest jury's verdict is not a 'final decision of a court .' It is at most a 'final decision' of an advisory panel of jurors as to the answers to certain questions the coroner (or judge acting as the coroner) has asked them. The jury's verdict does not adjudicate the rights of anyone, nor does it affect anyone's rights. It merely supplies the executive with the jury's opinion as to the cause of death and criminal responsibility of those involved.
[¶20] Here, as in Washington, Wyoming Statutes establish an inquisition proceeding outside of the courts.
CONCLUSION
[¶21] A coroner's inquest is an executive matter conducted outside of the courts. The Coroner's Inquest Verdict is not a final order and has no probative effect. The filing of the Coroner's Inquest Verdict and other associated documents with the district court is ministerial and does not confer jurisdiction on the district court. The district court properly dismissed Appellants' W.R.C.P. Rule 60(b) motion for lack of subject matter jurisdiction. We affirm.
The breakdown of states that use coroners only, medical examiners only, or a mixture in the United States is: county medical examiners only (4 states); statewide medical examiners (16 states and the District of Columbia); district medical examiner (1 state); coroner offices by county or multi-county districts (11 states including Wyoming); and mixture of medical examiner and coroner's offices (18 states). Coroner, Figure 7.1. Map of coroner and ME systems in the United States , ScienceDirect.com, https://www.sciencedirect.com/topics/medicine-and-dentistry/coroner (last visited Feb. 12, 2019).
Reference
- Full Case Name
- In the MATTER OF the Coroner's Inquest in the Death of Anthony Lee BIRKHOLZ, Paul Cassidy and Bruce Hayse, M.D., (Petitioners) v. Teton County Coroner, (Respondent).
- Cited By
- 6 cases
- Status
- Published