A. Autopsy reports.

Autopsy reports are not “vital records” that are confidential under A.R.S. § 36-342.  See A.R.S. § 36-301(33) (defining vital records as either “a registered birth certificate or a registered death certificate”).  A.R.S. § 11-597 does not prohibit disclosure of autopsy reports, but it only expressly provides for disclosure to county attorneys.  In contrast, A.R.S. § 23-1072(A) expressly provides that the pathologist’s findings become part of the public record when the Industrial Commission of Arizona orders the performance of the autopsy.

In Parks, the court held that “autopsy reports are public records under A.R.S. §§ 11-594 and -597” and that the Pima County Forensic Center could not hold up disclosure pending notification of relatives unless it can point to “specific risks with respect to a specific disclosure.”  178 Ariz. at 605, 875 P.2d at 838.  Although autopsy reports, autopsy photographs, and investigative materials are public records, a court must conduct an in camera review to balance competing interests before permitting the release of any documents because they “inherently raise significant privacy concerns.”  Schoeneweis v. Hamner, 223 Ariz. 169, 173,175-76, 221 P.3d 48, 52, 54-55 (Ct. App. 2009).