KORONER’s KORNER: Missouri Coroner Inquests

My friend and his wife, both with terminal cancer, visited us for a few days last week.  I learned that my friend’s wife’s cancer had been accidently discovered one night.  While lying in bed watching television, he wanted the remote control, and she playfully kept it away from him.  He reached across her breast to grab the remote and felt a lump.  He asked her what it was and she had never noticed it before.  That lump turned out to be breast cancer.  After being treated for the breast cancer, they found out much later that she had brain cancer, of the same type they had originally discovered in her breast.  Some folks’ challenges never seem to end.

They left and continued their journey to see as much of the U.S. and visit as many friends as they can, given their current fair, but declining state of health.  They brought two of their granddaughters with them and a 9-year-old and 11-year-old girl always provide a break from the monotony or sanguine aspects of conversations that may occur when we see death looming so closely.

Thankfully, I had scheduled plenty of activities for us to do and watching the excitement of the children helped us all to relieve any stresses in our lives.  I taught them shooting as they had never shot a gun before and they went swimming in a pond for the first time.  Since my friend is also a retired ‘Green Beret’, we taught the girls how to start fires both to stay warm and of course, to cook S’mores and marshmallows.

I wanted to write the above to let folks know that before getting to the ‘meat’ of the matter in describing Missouri coroner’s duties and authorities, it was important to remember that ‘living’ is the whole idea of life.  When we allow ourselves to be consumed by work or the problems of the world to overcome us and only think about death, we have sadly already stopped living and are only awaiting the inevitable end.  With all of my children out of the home now for decades and my grandchildren over a thousand miles away, those few days with my friend, his wife and his granddaughters were a refreshing break.  Now to the crux of this week’s article, a heavily edited version of Jim Akers’ essay below.

I. Introduction – This report examines the authority of coroners in Missouri regarding the determination of inquests, including the power to decide when and where an inquest occurs and whether a jury is required.  The analysis is based on Missouri Revised Statutes (RSMo 58.260 et al), legal interpretations, and relevant case law.

II. Coroner’s Authority to Determine an Inquest – Under Missouri law, the coroner has significant discretion in deciding whether an inquest is necessary, as well as determining the time and place of the proceeding.

A. Legal Basis for Coroner’s Discretion: RSMo Section 58.260 states: Coroner may issue warrant to summon coroner’s jury, when.  — Every coroner, having been notified of the dead body of any person, supposed to have come to his or her death by violence or casualty, being found within his county, may make out his or her warrant, directed to the sheriff of the county where the dead body is found, requiring him or her forthwith to summon a jury of six good and lawful citizens of the county, to appear before such coroner, at the time and place in his or her warrant expressed, and to inquire how and by whom he or she came to his or her death.  In plainer language, “When the coroner is informed that the dead body of a person, whose death was not the result of natural causes, has been found within the county, the coroner may make an appropriate inquiry regarding the cause and manner of death and, if in the public interest, may summon a jury of six persons to appear before the coroner, at the time and place specified, to hold an inquest as to the cause and manner of death.”

This statute establishes that:

• The coroner has discretion in determining whether to hold an inquest.

• The coroner sets the time and place of the inquest.

• The coroner may summon a jury if deemed necessary for the public interest.

B. Supporting Legal Precedents and Opinions:  The Missouri Supreme Court and legal analyses confirm that coroners are not required to hold an inquest in every case involving unnatural death.  In addition, the Missouri Law Review (https://scholarship.law.missouri.edu/mlr) states that coroners’ inquests are fact-finding proceedings rather than judicial determinations of criminal liability.

III. Is a Jury Required for an Inquest?  Missouri law does not mandate that every inquest have a jury.  RSMo Section 58.260 specifies that a coroner “may summon a jury of six persons,” indicating that a jury is optional rather than compulsory.  If a jury is convened, their role is to provide an official determination of the cause and manner of death.  However, the final decision on whether to hold an inquest remains with the coroner.

IV. Case Law and Legal Interpretations – Missouri courts have consistently upheld that coroners act as independent factfinders, and their inquests do not function as criminal trials or judicial inquiries.  The Missouri Supreme Court has ruled that a coroner’s inquest does not determine legal guilt but rather gathers facts to assist law enforcement.  Legal scholarship supports the view that coroners have broad discretion in convening an inquest and choosing whether to involve a jury.

V. Conclusion – Missouri law grants broad discretion to coroners in determining the necessity, timing, and location of an inquest.  A jury is not always required, and the coroner has the authority to decide whether summoning a jury serves the public interest.  These findings are supported by Missouri statutes, legal opinions, and case law, reinforcing the coroner’s role as an independent investigator in cases of unnatural death.

Danny Leo Green,

Coroner, Cedar County