Can a salaried Louisiana coroner charge the parish extra for emergency psychiatric commitment exams?

Plain-English summary

Livingston Parish's salaried coroner asked whether he could charge the parish additional fees for emergency psychiatric commitment examinations. In 2005, the Attorney General said not under the criminal-procedure fee rule on the facts supplied. LSA-C. Cr. P. 659 covered physicians, including salaried coroners, appointed by a court to perform a mental examination and report before commitment. The coroner's request did not indicate that such a court appointment or report had occurred.

The AG described a general rule against extra fees for certain services by salaried coroners and several statutory exceptions, including specified parish-paid fees and expert-witness fees. Its conclusion was limited to the claimed fee under LSA-C. Cr. P. 659: the necessary court appointment and precommitment examination-and-report conditions had not been shown.

Currency note

This opinion was issued in 2005 under the cited coroner and criminal-procedure statutes. Verify current fee rules and the facts of any court appointment before billing a parish.

What this means for you

Salaried coroners

The opinion said emergency commitment work alone did not establish entitlement to the additional fee claimed under LSA-C. Cr. P. 659. It required the court-appointed examination and report described in that provision.

Parish finance offices and courts

The AG treated the fee claim as dependent on a court appointment to examine and report before commitment. It did not decide entitlement under every separate coroner-fee exception it mentioned.

Common questions

Did the AG say all salaried coroners can never receive extra fees?

No. The opinion identified statutory exceptions, including certain parish-paid services and expert-witness fees. It denied this claim because the facts did not meet the court-appointment conditions of the provision invoked.

What was missing from the coroner's request?

The AG said the facts did not indicate that a court appointed him to make a mental examination and report before commitment.

Would an emergency commitment exam alone satisfy LSA-C. Cr. P. 659?

Not according to the opinion. It said that provision required a court appointment and precommitment examination and report, which were not shown here.

Background and statutory framework

LSA-R.S. 33:1556(A) supplied the general salaried-coroner fee context, and the opinion discussed exceptions including expert-witness fees under LSA-R.S. 33:1561. LSA-C. Cr. P. 659 allowed court-fixed fees in addition to salary for a physician appointed by a court to examine and report before commitment. The AG found that the facts presented did not trigger that rule.

Citations

• LSA-C. Cr. P. 659 (court-appointed precommitment examination and report fee).
• LSA-R.S. 33:1556(A) (salaried-coroner fee context).
• LSA-R.S. 33:1561 (expert-witness fee exception).

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/05-0191

Original opinion text

May 13, 2005
OPINION No. 05-0191
13 – CORONERS – Compensation & Fees – General

LSA-C. Cr. P. 659
LSA-R.S. 33:1561
LSA-R.S. 33:1156(B)
LSA-R.S. 33:1556(A)
LSA-R.S. 33:1156(B)(3)

A salaried coroner who has not been appointed by a court
Ron Coe, M.D.
and asked to make an examination and report prior to
commitment is ineligible to receive additional compensation
Coroner, Livingston Parish in the form of fees because the criteria for invoking 140 Aspen Square, Suite E LSA-C. Cr. P. 659 have not been met. Denham Springs, LA 70726

Dear Dr. Coe:

This office is in receipt of your opinion request. Specifically, you ask whether you, as a salaried coroner, are entitled to charge the Parish of Livingston for coroner emergency commitment exams for psychiatric patients. You cite C. Cr. P. 659 in support of your contention that you can charge such fees. Significantly, the facts that you submitted do not indicate that a court appointed you “to make a mental examination and report prior to commitment.” C. Cr. P. 659.

Generally, a salaried coroner is not entitled to receive fees for the services listed in LSA-R.S. 33:1556(A), such as investigations, the performance of autopsies and the issuance of papers in cases involving interdictions or commitments. However, there are exceptions. For instance, under section 1556(B), coroners are allowed to collect fees under certain circumstances. LSA-R.S. 1156(B)(3) specifically states that “the parish shall pay the fees for all mental or physical examinations or investigations, commitments, interdictions, court attendance, or testimony and a just fee or remuneration for attending parish prisoners.”

Another exception is contained in LSA-R.S. 33:1561. This statute allows salaried coroners to be paid expert witness fees where they have been called to testify as witnesses in a professional capacity in their respective fields of expertise.

LSA-C. Cr. P. 659 provides a third exception. The statute states in pertinent part the following:

The fees and expenses of physicians, including coroners and other physicians in the employ of the state or its political subdivisions, appointed by a court to make a mental examination and report prior to commitment shall be fixed by the court in an amount not less

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Ron Coe, M.D.
OPINION No. 05-0191
Page 2
than the fees set forth in R.S. 33:1556 and shall be paid by the parish where the prosecution was instituted. The fee paid to the coroner or other physician in the employ of state shall be in addition to his salary.

Even though section LSA-R.S. 33:1556(A) contains an exception to the general rule that salaried coroners are not entitled to receive fees for services listed therein, certain statutory requirements must be met before a salaried coroner can claim entitlement to fees in addition to his salary. First, the statute is codified in the Code of Criminal Procedure and makes reference to the “prosecution” presumably of the prisoner that the State wants to have committed. Thus, the statute would seem to only have applicability in the criminal area. The second requirement is that a Court appoint the coroner to make an examination and issue a report prior to commitment. Without meeting these requirements, the salaried coroner cannot receive additional compensation. In this case, you wish to be compensated for coroner emergency commitment cases. The facts do not indicate that any court has appointed you as an expert witness in either a criminal or civil proceeding. Nor has any court asked you to make an examination and report prior to commitment. Thus, you are not entitled to receive additional compensation in the form of fees because the criteria for invoking the statute have not been met.

We hope that this sufficiently answers your inquiry, but if we can be of further assistance, do not hesitate to contact us.

Very truly yours,

CHARLES C. FOTI, JR.
ATTORNEY GENERAL

By:_________
CHRISTOPHER D. MATCHETT
Assistant Attorney General

CCF,Jr.:CDM:lrs

Page 3

OPINION No. 05-0191

13 – CORONERS – Compensation & Fees – General

LSA-C. Cr. P. 659
LSA-R.S. 33:1561
LSA-R.S. 33:1156(B)
LSA-R.S. 33:1556(A)
LSA-R.S. 33:1156(B)(3)

A salaried coroner who has not been appointed by a court and asked to make an examination and report prior to commitment is ineligible to receive additional compensation in the form of fees because the criteria for invokingLSA-C. Cr. P. 659 have not been met.

Ron Coe, M.D.
Coroner, Livingston Parish
140 Aspen Square, Suite E
Denham Springs, LA 70726

Date Received: April 13, 2005

Date Released: May 13, 2005
CHRISTOPHER D. MATCHETT
Assistant Attorney General