Commissioners debate having families represented at coroner’s inquests

A proposal to allow families of suspects fatally shot by police to have appointed counsel at coroner's inquests remained a sticking point among some Clark County commissioners Tuesday.

But as commissioners debated the merits and drawbacks of letting more lawyers participate, it became apparent that the oft-criticized inquest system would be revamped.

It was just a matter of how much.

The commission will give the public a final chance to weigh in, and then it plans to vote on the list of proposed changes Dec. 7.

Commissioners fired off questions Tuesday about the recommendations from a 10-member advisory panel made up of law enforcement officials, community activists, the district attorney and other legal experts.

The big change would be allowing independent counsel, or an ombudsman, to ask questions for a bereaved family in open court, while a police union attorney represented officers.

Prosecutors and jurors are the only ones now who ask questions aloud in court. The dead person's family and other parties must submit written questions to the judge, who screens them.

As in the past, the proposed change proved divisive.

"What we have never addressed is the role the family plays in this," Commissioner Rory Reid said. "If the family doesn't have more rights in this process, we shouldn't have a process."

But Commissioner Steve Sisolak, who led the latest reform effort, worried that the hearings would become more combative and discourage officers from testifying. That would defeat the fact-finding goal of inquests, he added.

"If officers don't participate, what can you do?" Sisolak asked County Counsel Mary-Anne Miller.

Nothing, Miller replied. She said that officers have the right not to speak at the hearings.

Most commissioners seemed in favor of the panel's other recommendations. They include the following:

■ Eliminating a jury verdict of justified, excusable or criminal. Juries would be renamed inquest panels and make findings of fact instead of fault.

■ Having the attorneys of family members and police officers meet twice with the judge and prosecutor before the inquest. Investigative files would be made available to the parties involved, something often not done now.

■ The parties would determine which topics to delve into at the inquests, focusing on what happened during the shooting rather than digging into the dead person's or officer's past.

But specific questions would not be chosen beforehand, said Jeff Wells, assistant county manager, explaining that attorneys need latitude to ask follow-up questions at the inquest.

Families could have their private attorneys attend the pre-inquest meetings. An ombudsman would receive a written overview of the case from the coroner and then later the list of topics for questioning.

The purpose of an ombudsman is to have a neutral person represent families without laying the groundwork for future lawsuits against police and the county, Wells said.

The county manager would choose a pool of ombudsman candidates, and commissioners would sign off on it, Miller said.

Commissioner Susan Brager said she thinks a family should have a lawyer at the hearing. If ombudsmen are used, their pay should be limited in the same way it is with other publicly appointed counsel, she said.

"Why shouldn't there be a cap?" Brager asked.

Commissioners formed the inquest review panel after two deadly shootings sparked a public outcry this year.

Trevon Cole, 21, a small-time marijuana dealer, was shot by police while unarmed in his apartment.

Erik Scott, 38, a medical device salesman and West Point graduate, was shot outside a Costco in Summerlin by officers who said he tried to draw a pistol.

Inquest juries ruled that the officers were justified in both incidents.

Commissioner Larry Brown said he liked the idea of making inquests more transparent by disclosing investigative files to the affected parties. He also said he thinks it would be wise to narrow the scope of questioning to pinpoint what occurred at a shooting.

But he said he was not convinced that an ombudsman would not make the process more adversarial.

Brown requested that county staff provide a clearer definition of an ombudsman's role.

Commissioner Tom Collins complained that most of the suggested changes would cause inquests to duplicate court hearings.

"You might as well run it through the court system and let it play out," Collins said.

Commissioners also argued about a recommendation for judges to do their best to ensure that a jury, or inquest panel, be racially diverse.

Contact reporter Scott Wyland at swyland@reviewjournal.com or 702-455-4519.