02-12-2013, 08:50 AM
[FONT=&]In Texas, state law (Code of Criminal Procedure) requires certain types of death (homicides, suicides, accidental to include traffic fatalities and several other types) be reported to the Justice of the Peace in the precinct of the county where the death occurred. The JP is required to hold an inquest (with or without a jury) to establish the cause of the death and to determine and order an autopsy. The JP's responsibilities and authority includes viewing the body and pronouncing death, issuing subpoenas, warrants of arrest, obtaining witness statements, signing death certificates, etc.
In 1955, Texas passed legislation establishing a Medical Examiner System law authorizing a county, based on size of the population, to enact the new system. Once the county had enacted the new law, the responsibilities and duties of the Justice of the Peace would transfer to the medical examiner. There was an exception in the new law. If the county had a medical school, the county did not have to enact the law. Dallas County was one of the four counties that initially qualified but elected to not enact the law as the county had a medical school. This meant that in 1963 the Justice of the Peace was the legal authority not the medical examiner: Dr. Rose. Dr. Rose was hired in 1963 and one of his duties was to set up the new system. Dr. Rose only conducted an autopsy when directed to do so by a Dallas County Justice of the Peace. The results of the autopsy would be sent to the Justice of the Peace and would have been included as part of the evidence for the inquest hearing conducted by the JP.
Dr. Rose had no legal authority until 1969 when Dallas County enacted the medical examiner system. Another interesting note is there were basically no penalties for violating the law in 1963. Under the Justice of the Peace, the only criminal sanction was "hindering proceedings." The JP could a fine a person during the inquest hearing for contempt of court and he could expel the person from the hearing. [/FONT][FONT=&]It was not until 1969 the enhanced criminal penalties were implemented as part of the law in Dallas County. Any violation of the new law could result in a fine, jail time or both. The new sanctions applied to any violation of the medical examiner code, not just hindering proceedings. [/FONT]
In 1955, Texas passed legislation establishing a Medical Examiner System law authorizing a county, based on size of the population, to enact the new system. Once the county had enacted the new law, the responsibilities and duties of the Justice of the Peace would transfer to the medical examiner. There was an exception in the new law. If the county had a medical school, the county did not have to enact the law. Dallas County was one of the four counties that initially qualified but elected to not enact the law as the county had a medical school. This meant that in 1963 the Justice of the Peace was the legal authority not the medical examiner: Dr. Rose. Dr. Rose was hired in 1963 and one of his duties was to set up the new system. Dr. Rose only conducted an autopsy when directed to do so by a Dallas County Justice of the Peace. The results of the autopsy would be sent to the Justice of the Peace and would have been included as part of the evidence for the inquest hearing conducted by the JP.
Dr. Rose had no legal authority until 1969 when Dallas County enacted the medical examiner system. Another interesting note is there were basically no penalties for violating the law in 1963. Under the Justice of the Peace, the only criminal sanction was "hindering proceedings." The JP could a fine a person during the inquest hearing for contempt of court and he could expel the person from the hearing. [/FONT][FONT=&]It was not until 1969 the enhanced criminal penalties were implemented as part of the law in Dallas County. Any violation of the new law could result in a fine, jail time or both. The new sanctions applied to any violation of the medical examiner code, not just hindering proceedings. [/FONT]