Changes in coroner’s inquest procedures, policies to be revisited

A judge's recent ruling that Clark County's new coroner's inquest process violates the Nevada Constitution has prompted county management to introduce a change to the ordinance.

The amendment, brought forward by Assistant County Manager Jeff Wells, would bring the county ordinance in line with the court ruling but is not expected to end the battle between the commission and the police officers union regarding its constitutionality.

The ruling concludes that the ordinance would obey the separation of powers doctrine by deleting the sentence that reads: "The presiding officer may request further investigation of an officer involved death after consulting with interested parties."

District Judge Joanna Kishner ruled in November that the provision violates the constitution because it mandates justices of the peace perform executive branch duties and functions.

On Dec. 5, U.S. District Judge Philip Pro decided a second case, filed by the Las Vegas Police Protective Association, denying all federal and state constitution claims against the county's new inquest ordinance except for the same separation of powers question that Kishner had ruled on and remanded the case to state District Court on that issue.

County staff is recommending a public hearing be scheduled for 10 a.m. Jan. 17.

The County Commission, which will hear the ordinance Tuesday, changed the coroner's inquest process last year.

Since the adoption of the changes, three lawsuits have been filed challenging the constitutionality of the process under both the U.S. Constitution and the state constitution, according to the agenda item.

Commissioner Steve Sisolak said he supports the change if there are no unintended consequences that could delay any pending cases.

"I'm getting more concerned with the backlog and not just the number," Sisolak said. "My other concern is I can remember what I had for dinner yesterday, but I can't remember what I had last week. How good will your memory be two years after the fact? I don't know if that can be preserved. That's why it's crucial to get this district attorney, the person ultimately facilitating this. We need their input. That will have an impact, quite frankly, on who gets the job."

The commission has been given the task of finding a replacement for District Attorney David Roger, who retires Jan. 3.

Coroner Mike Murphy said last week that there were 17 pending cases in his office.

Chris Collins, executive director of the PPA, which represents about 2,800 rank-and-file Las Vegas police officers, said the proposed change to the county ordinance would not change the union's stance on the new inquest process or encourage officers to participate.

"We're in litigation because we believe some of the changes have constitutional issues and separation of power issues," Collins said. "That change doesn't alleviate the concerns we have."

In the meantime, the coroner's office is moving forward with some of the inquests, though officers have vowed to appeal recent court rulings allowing it to proceed.

Contact reporter Kristi Jourdan at kjourdan@reviewjournal.com or 702-455-4519.