A. Autopsy reports.

Public, unless compiled by for law enforcement purposes and the prospect of law enforcement is concrete and definite, then, according to one appellate court case, the report may be withheld under the investigatory records exemption of the CPRA.  Cal. Gov’t Code § 6254(f); Dixon v. Superior Court, 170 Cal. App. 4th 1271, 1276, 88 Cal. Rptr.3d 847 (2009)(holding that an autopsy report produced by a coroner’s inquiries into a suspected homicide where there exists the definite prospect of law enforcement is an investigatory file compiled for law enforcement purposes within the meaning of Section 6254(f)).  Dixon, however, arguably is wrongly decided. The court’s decision turned on its determination that a coroner performing duties pursuant to an inquest into a criminally-related death is a law enforcement agency within the meaning of the investigatory records exemption of Section 6254(f).  Id. at 1277.  In so concluding, however, the court failed to cite or recognize the express provision directly governing a coroner’s inquest, including those involving investigations into the cause of death in criminally-related cases, that requires a coroner’s inquest be open to the public.  Cal. Gov’t Code § 27491.6.  Moreover, the court arguably applied an over broad interpretation of the investigatory records exemption by holding that the duties of a corner pursuant to an inquest under Government Code Section 27491 are performed “as a law enforcement agency” within the meaning of the investigatory records exemption of Section 6254(f) without any determination of whether the coroner is charged with the enforcement of criminal laws, as opposed to the enforcement of other laws, such as the issuance of subpoenas on witnesses or a summons of jury called to inquire as to the cause of death.  See, e.g., Cal. Gov’t Code §§ 27492, 27499.

Moreover, earlier courts, before the adoption of the CPRA, had held that autopsy reports are public records. See People v. Williams, 174 Cal. App. 2d 364, 390, 345 P.2d 47 (1959)("An autopsy report is a record that the coroner is required to keep (Gov. Code § 27491) and is therefore, a public record (citations omitted)."); Walker v. Superior Court, 155 Cal. App. 2d 134, 138-39, 317 P.2d 130 (1957); see generally Cal. Gov't Code § 27491 (setting forth duties of coroners); § 27491.6 (requiring inquests performed by coroner be open to the public). The Legislature was no doubt aware of these decisions when it enacted the CPRA, and could have expressly exempted coroners' reports from public disclosure, but did not do so. See also San Francisco Examiner v. Plummer, 19 Med. L. Rptr. 1319 (1991) (in a decision not certified for publication, a superior court judge held that a county sheriff's department was required to release autopsy records of victims of the Nimitz Freeway collapse during the 1989 San Francisco earthquake).