KORONER’s KORNER: Consequences of failing to comply with coroner’s subpoena

Again, I’d like to thank my fellow coroner Jim Akers for allowing me to use his material.  He is one of the most qualified coroners I know and holds the coveted Diplomate of the American Board of Medicolegal Death Investigators (ABMDI-D), available to experienced, Registered Diplomate medicolegal death investigators who prove their mastery of all aspects of medicolegal death investigation.  I know only two coroners who have this, both of whom have been in business decades.  It is a goal I hope to attain someday.

ABMDI-D requirements are: Currently be certified at the ABMDI Registry Diplomate Level and in good standing for a minimum of six months, have at least an Associate’s degree from a post-secondary institution recognized by a national educational accrediting agency, currently be employed by a Medical Examiner/Coroner jurisdiction or equivalent federal authority and have the experience and responsibility to independently conduct medicolegal death scene investigations or supervise such investigations at time of application and examination, for applicants to “independently conduct a medicolegal death scene investigation” refers to the death investigator performing death scene investigations in person on location at the death scene. This includes but is not limited to completing a body examination (e.g., document injuries and personally assessing postmortem changes), photographing the scene, completing an investigative report, etc.  “Supervising such investigations” means that the applicant must have prior experience independently conducting medicolegal death scene investigations, have a minimum of 4,000 hours of death investigation experience in the past six years.

I. Introduction – This article examines the legal consequences of failing to comply with a coroner’s subpoena in Missouri, with a focus on the statutory authority granting coroners the power to issue subpoenas, compel testimony, and enforce penalties for noncompliance.  The analysis is based on Missouri Revised Statutes (RSMo), particularly Chapter 58, which governs coroners and inquests.

Key areas addressed include:

1. The legal basis for a coroner’s subpoena.

2. The consequences of failing to appear in response to a coroner’s subpoena.

3. The consequences of refusing to testify once subpoenaed and present.

II. Legal Authority for Coroners to Issue Subpoenas – Under RSMo Section 58.330, coroners are explicitly granted the power to issue subpoenas to witnesses and compel the production of relevant evidence: “Every coroner shall be empowered to issue his or her summons for witnesses, and such evidence, documents, and materials of substance, commanding them to come before him or her to be examined, and to declare their knowledge concerning the matter in question.”  This statutory provision establishes the coroner’s authority to conduct inquests effectively, ensuring that all relevant testimony and evidence can be obtained.

III. Failure to Appear After Being Subpoenaed by a Coroner – If a person fails to appear in response to a duly issued subpoena, Missouri law provides specific penalties, including arrest via attachment, fines, and potential jail time.

A. Arrest for Failing to Appear – Under RSMo Section 58.380, the coroner has the power to issue an attachment (a form of arrest warrant) for any witness who fails to appear without just cause:  “Whenever it shall appear to the satisfaction of the coroner that any person, duly subpoenaed to appear before him at an inquest, shall have failed, without just cause, to attend as a witness… the coroner shall have power to issue an attachment to compel the attendance of such witness at such inquest.”  This means that a witness who does not show up can be forcibly brought before the coroner by law enforcement under the coroner’s authority.

B. Fine and Jail Until Fine is Paid – In addition to an attachment order, a witness who fails to appear and cannot provide a reasonable excuse may face a monetary fine and potential jail time under RSMo Section 58.410:  “If any witness so attached shall show reasonable excuse for not appearing… he shall be discharged… but if he fail to show any good and sufficient reason for not attending, he shall be fined in such sum as the coroner shall think reasonable to impose, not exceeding ten dollars, and may be committed to the city or county jail until such fine and costs are paid.”  While the maximum fine is $10, the real penalty comes from the fact that the witness may be jailed until the fine and any associated court costs are paid.

IV. Refusing to Testify After Appearing – If a person appears in response to a coroner’s subpoena but refuses to testify, the consequences are even more severe than simply failing to appear.  Under RSMo Section 58.440, a witness who refuses to give lawful testimony may be imprisoned without bail until they comply: “Any person summoned as a witness to appear before the coroner, and attending, who shall refuse to give evidence which may be lawfully required to be given by such person, on oath or affirmation, may be committed to the city or county jail by the coroner, there to remain without bail until he give such evidence or be discharged by due course of law.”  This means a witness could be held indefinitely until they choose to comply or a court intervenes.  The lack of bail makes this a particularly severe consequence for refusing to testify.

V. Conclusion – Missouri law grants coroners significant power to enforce subpoenas and ensure witness compliance during inquests.  Failure to appear can result in arrest, fines, and jail time, while refusing to testify after appearing can lead to indefinite imprisonment without bail until compliance.

While the fine amounts listed in RSMo 58.410 may seem minor, the real penalty lies in the possibility of arrest and indefinite detention, making it crucial for subpoenaed individuals to comply with a coroner’s inquest.

For those facing a coroner’s subpoena, seeking legal counsel is advisable to avoid serious legal consequences.

I read and research daily to ensure I can wield the above, legal authority and power of the coroner judiciously.

Respectfully,

Danny Leo Green,

Coroner, Cedar County