For the week of June 25 - July 1, 2003

Coroner sued for failing to complete death certificates

State lawsuit seeks to expedite process

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By GREG STAHL
Express Staff Writer

In an effort to resolve multiple cases involving incomplete death certificates in Blaine County, the state of Idaho filed a lawsuit this week against six-term Blaine County Coroner Russell Mikel.

The lawsuit, filed Monday, June 23, seeks $7,880 in fines imposed on Mikel by the Idaho Department of Health and Welfare in the absence of completed death certificates. It also contains an order that would find Mikel in contempt of court if he fails to complete the absent documents.

For each day Mikel fails to complete the task beyond May 30, the date the aforementioned total was established, fines will mount at $175 per day.

The Idaho Attorney General’s office filed the lawsuit in Fifth District Court in Hailey, referencing five unfinished death certificates for deaths occurring in Blaine County and dating as far back as Aug. 16, 2001. Roark Law Firm Partner Doug Nelson is handling another related case, but he has not yet filed a lawsuit.

"One of the main problems is that these families can’t collect death benefits," Nelson said. "An insurance company won’t even look at you without a death certificate.

"I’m happy the Attorney General is addressing the issue, because that’s the only real mechanism to get accomplished what is supposed to be accomplished under the statute," Nelson said.

According to Idaho Code, death certificates must be filed with the state registrar of vital statistics, a branch of the Department of Health and Welfare, within five days after the occurrence of a death. However, when investigation is required, medical certifications of the cause of death may be delayed for up to 15 days.

"Essentially, I guess where we came to this point over the last year and a half, we had a large number of families calling wondering what they can do to get death certificates," said Blaine County Prosecuting Attorney Jim Thomas. "Russ Mikel has been, I guess, less than forthcoming with information and assistance, and I don’t know why he can’t get these things out."

For his part, Mikel is cautious about going into the details of the cases, but said he is handling the cases just as he has since he was first elected in 1984. He has been re-elected by the people of Blaine County five times.

"I had never heard the law before," said Mikel, who added that the typical death investigation could take as many as 30 days to complete. "I don’t know why a data collection agency would initiate levying a fine. I don’t understand the legal organization here."

Although now pressed to make a decision about the cause of death in at least six unfinished cases, Mikel said he is not ready to do so, and clarified that he has submitted signed death certificates to the Department of Health and Welfare without specifying the manner of the deaths. Instead, Mikel said he has checked boxes on death certificates labeled "pending investigation."

Some routine examinations can take six to eight weeks, and the results of one autopsy took seven months to come back, he said. Further, he added, the cases he is being pressed to decide are not routine.

Details surrounding each death are not clear, but Thomas said they include a murder-suicide, an industrial accident and a house fire.

"There’s no real common thread," Thomas said. "It’s just a matter of any of the unattended deaths, investigated deaths."

Mikel stressed that he is not trying to withhold information, and pointed out that all of the bodies in question have been buried or cremated.

"These are all unusual circumstances," he said. "Individuals have been making complaints (that the manner of death is still pending in the death certificates). I tell them that the case is still open."

Even though some of the deaths are unusual, Mikel’s situation is also unique, said Health and Welfare Public Information Officer Tom Shanahan. Shanahan pointed out that other Idaho coroners do not consistently have trouble completing their investigations and death certificates.

"These families need these things, and they should be done," Shanahan said.

On the issue of Blaine County’s liability for Mikel’s fines or unfinished work, Thomas said there is no connection.

"We (the county) are not responsible for any negligence on his part," Thomas said. "Absent any kind of really compelling reason, the county is not going to defend him or help him pay for any fines."

For Mikel, who also owns the Wood River Chapel in Hailey, the lawsuit signals uncertainty.

"I like doing my job," he said. "I don’t know where things go from here. I have asked the prosecuting attorney for advice. He told me to contact the Attorney General. (The Deputy Attorney General) said to get a lawyer."

Express Reporter Matt Furber contributed to this article.

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