When someone asks a South Dakota county coroner for a copy of an autopsy report (where the requester is not law enforcement and not the deceased person's next of kin), is the autopsy report a public record that the coroner has to release?
Plain-English summary
The Minnehaha County Coroner had requested an autopsy on a death that SD law required the coroner to investigate. The coroner used the autopsy report to complete the death investigation and the death certificate. Someone who was neither law enforcement nor the deceased person's legal next of kin then asked for a copy of the autopsy report. The coroner went to the AG for guidance.
The 2019 AG laid out the public records framework and concluded that autopsy reports are exempt from disclosure under three independent provisions of the SD Open Records Law.
Start with the baseline. SDCL 1-27-1 establishes the presumption that citizens may examine all public records. SDCL 1-27-1.1 defines "public records" broadly to include all records and documents of state and political subdivisions. The coroner is a county official, so the coroner's records are presumptively public. But that presumption is rebuttable when "statute, ordinance, or rule" exempts a specific record from disclosure.
Three statutory exemptions apply to autopsy reports.
First, SDCL 1-27-1.5(2) exempts medical records. The statute doesn't define "medical records," but the AG applies the ordinary meaning: records of a patient's medical information, medical history, treatments, test results, diagnoses, medications. An autopsy is defined in SDCL 34-25-1.1(1.5) as "the post mortem dissection and examination of a dead body" and is performed to determine the cause of death. An autopsy report contains exactly the kind of medical information that would be a "medical record" if the person were alive (presence of disease, evidence of prior medical treatments, etc.). The AG declines to change the nature of the record because of the person's death. Autopsy reports are medical records and are exempt under SDCL 1-27-1.5(2).
Second, SDCL 1-27-1.5(5) exempts records of "law enforcement agencies and other public bodies charged with the duties of investigation or examination" if the records constitute part of an examination, investigation, intelligence information, citizen complaints, informant identification, or training. When an autopsy is requested by a state's attorney or sheriff (SDCL 23-14-9.1) or when a death has been referred to law enforcement (SDCL 34-25-22), the autopsy report is part of the law enforcement investigation, and the law enforcement exemption applies directly. SDCL 23-5-11 reinforces with the confidential-criminal-justice-information exemption (SDCL 23-5-10(4)'s definition includes information compiled by law enforcement during a crime investigation). Mercer v. South Dakota Attorney General Office (2015) had already applied this exemption.
But SDCL 1-27-1.5(5) extends to any "public bod[y] charged with the duties of investigation or examination." Coroners are public officials authorized by SDCL 23-14-1 and SDCL 23-14-18 to investigate human deaths when the cause and manner is in the public interest. SDCL 23-14-9.1 authorizes the coroner to request the autopsy as part of that investigation. So even when the autopsy was not requested by law enforcement and the death was not referred to law enforcement, the autopsy report is a record of the coroner's own investigatory work and is exempt under SDCL 1-27-1.5(5) on that ground.
Third, SDCL 1-27-1.9 is the deliberative-process exemption. It says no state or local official may be compelled to provide documents "used for the purpose of the decisional or deliberative process relating to any decision arising from that person's official duties." The coroner uses the autopsy report to determine the cause and manner of death and to complete the medical certificate required by SDCL 23-14-20. That makes the autopsy report part of the coroner's decisional and deliberative process, and the deliberative-process exemption applies.
The bottom line: three independent exemptions, any one of which would suffice, mean autopsy reports are not disclosable to general public requesters. The opinion does not address what disclosure pathways are available to next of kin or other specifically authorized recipients; those run on separate authority outside the open records framework.
Currency note
This opinion was issued in 2019. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here. SDCL ch. 1-27 has been amended in various places since 2019, and the specific exemption categories should be checked directly. The general framework of SD public records (presumption of openness, rebuttable by statutory exemption) is stable, but particular exemptions may have changed.
What the opinion meant at the time
For Minnehaha County's Coroner in 2019, the opinion let the coroner deny the specific request and any similar requests from non-law-enforcement, non-next-of-kin members of the public. The coroner could (and presumably did) issue a denial citing the multiple exemptions.
For coroners across SD, the opinion provided a defensible legal basis for routine denial of autopsy-report requests from the public. Coroners no longer had to weigh competing exemption arguments individually; three independent exemptions covered the case.
For investigative journalists working on death-related stories, the opinion meant autopsy reports were generally unavailable via SD public records requests. Journalists pursuing autopsy-related information had to look elsewhere: civil litigation discovery, criminal trial records, family members willing to share, or unsealed court records.
For families of deceased persons, the opinion did not address their access path. Next of kin typically have separate authority to receive autopsy reports through coroner-specific procedures or through the family member's role in administering the estate. Funeral directors and family attorneys handle that path through different mechanisms.
For SD law enforcement, the opinion confirmed the well-established rule that autopsy reports tied to investigations stay within law enforcement files until disclosed in the course of prosecution. The dual-exemption coverage (law-enforcement-specific plus coroner-investigative) reinforced the closed posture.
For litigants pursuing wrongful-death or other death-related claims, the opinion's silence on litigation-discovery exemptions meant they would need to obtain autopsy reports through normal civil discovery, not through public records requests.
Common questions
Q: Are autopsy reports public records in SD?
A: They technically meet the SDCL 1-27-1.1 definition of public records as records of a county official (the coroner). But they are exempt from disclosure under three separate provisions, so the practical answer is they are not disclosable to general public requesters.
Q: What are the three exemptions?
A: SDCL 1-27-1.5(2) (medical records); SDCL 1-27-1.5(5) (law enforcement and investigatory body records); and SDCL 1-27-1.9 (deliberative process). The AG concludes that all three apply to autopsy reports performed at a coroner's request.
Q: Why are autopsy reports medical records?
A: An autopsy is a medical examination of a body for cause-of-death determination. The resulting report contains the kind of medical information (disease findings, prior treatments, medications, etc.) that would clearly be a medical record if the person were alive. The AG declines to treat the same information as non-medical just because the patient died.
Q: What if the autopsy wasn't requested by law enforcement?
A: SDCL 1-27-1.5(5) still applies. The exemption covers records of any "public bod[y] charged with the duties of investigation or examination," and the coroner is such a body under SDCL 23-14-1 and SDCL 23-14-18. The autopsy report is part of the coroner's investigation regardless of who requested the autopsy.
Q: What is the deliberative process exemption?
A: SDCL 1-27-1.9 protects documents that a public official uses in making decisions arising from official duties. The autopsy report is used by the coroner to determine cause and manner of death (a coroner decision under SDCL 23-14-20). That makes it a deliberative-process document.
Q: Can next of kin get an autopsy report?
A: The opinion does not address that path. SD coroner statutes and regulations may provide a release procedure for next of kin or legal representatives separate from the public records framework. Families seeking autopsy reports should consult the specific coroner's office or county procedures.
Q: Can journalists get autopsy reports?
A: Not through SD public records requests. Journalists seeking autopsy-related information typically rely on civil or criminal court records, family disclosures, or expert witness reports in litigation.
Q: Does this rule apply to autopsies done by private medical examiners?
A: The opinion focuses on autopsies requested by coroners. Private autopsies arranged by families are governed by different rules; the family typically owns the report and can decide whom to share it with.
Q: What if the autopsy is needed for a court case?
A: Civil discovery, criminal subpoena, and court order can compel production for litigation use. Those are separate from the public records framework.
Background and statutory framework
SD's open records framework lives in SDCL chapter 1-27. SDCL 1-27-1 establishes a strong presumption of openness: citizens and other interested persons are empowered and authorized to examine public records. SDCL 1-27-1.1 defines public records broadly to capture all records and documents of state and political subdivisions, with an explicit recognition that the presumption can be rebutted only by "statute, ordinance, or rule."
SDCL 1-27-1.5 is the master exemption list. It catalogs 27 categories of records that are not subject to the SDCL 1-27-1 disclosure requirement. The exemptions cover personnel records, medical records, law enforcement records, attorney-client communications, security plans, and many other sensitive categories. Each exemption is a self-contained narrow carve-out, but together they describe what SD chooses not to make publicly available.
Subsection (2) (medical records) is the obvious starting point for an autopsy question. The exemption is unqualified, no balancing test, no requirement of patient consent or HIPAA-style preconditions. If a record is a medical record, it is exempt. The 2019 AG applies the ordinary meaning of "medical records" to capture autopsy reports.
Subsection (5) (law enforcement and investigatory body records) extends beyond traditional law enforcement files to records of "other public bodies charged with the duties of investigation or examination." The breadth matters here because coroners' offices are not law enforcement agencies in the conventional sense, but they are investigatory bodies. The autopsy report functions as an investigatory file regardless of whether police are involved.
SDCL 1-27-1.9 (deliberative process) is the third pillar. It is modeled on the federal Freedom of Information Act's deliberative-process privilege but operates as an absolute exemption rather than a qualified one. State and local officials cannot be compelled to disclose documents used in their decisional or deliberative processes for decisions arising from their official duties. The coroner's use of the autopsy report to complete the medical certificate is a textbook deliberative-process scenario.
Coroner authority comes from SDCL chapter 23-14. SDCL 23-14-1 directs the coroner to hold an inquest on dead bodies of persons who have died by unlawful means. SDCL 23-14-18 broadens that to any human death where determining cause and manner is in the public interest. SDCL 23-14-9.1 authorizes the coroner (along with a state's attorney or sheriff) to request an autopsy. SDCL 23-14-20 requires the coroner to prepare a "medical certificate" (defined in SDCL 34-25-1.1(14) as the portion of the death certificate containing cause and manner of death) using the autopsy and other investigation results.
When a coroner refers a death to law enforcement under SDCL 34-25-22 (because of suspicion of non-natural causes), the autopsy report also becomes part of law enforcement's criminal investigative file, triggering SDCL 23-5-11's confidential-criminal-justice-information exemption. Mercer v. South Dakota Attorney General Office (2015) applied that exemption to investigative records and is consistent with the 2019 AG opinion's analysis.
The opinion's multi-exemption approach is a typical AG move when the answer is clear but the route has options. Rather than picking one exemption and arguing it through, the AG identifies all three applicable exemptions and shows that each independently sustains the denial. That gives the coroner robust legal support, defends against later litigation that might try to attack one exemption, and signals to other coroners that the denial is well-grounded.
Citations and references
Statutes:
- SDCL ch. 1-27 (open records)
- SDCL 1-27-1, 1-27-1.1 (openness presumption, definitions)
- SDCL 1-27-1.5 (exemption list)
- SDCL 1-27-1.5(2) (medical records)
- SDCL 1-27-1.5(5) (law enforcement / investigatory bodies)
- SDCL 1-27-1.9 (deliberative process)
- SDCL 7-7-1.1, 7-7-1.4 (coroner as county official)
- SDCL 23-5-10(4) (criminal investigative information)
- SDCL 23-5-11 (confidential criminal justice information)
- SDCL 23-14-1, 23-14-9.1, 23-14-18, 23-14-20 (coroner duties)
- SDCL 34-25-1.1(1.5), 34-25-1.1(14) (autopsy and medical certificate definitions)
- SDCL 34-25-22 (coroner referral to law enforcement)
Cases:
- Olson v. Butte County Commission, 2019 S.D. 13
- In re Wintersteen Revocable Trust Agreement, 2018 S.D. 12, 907 N.W.2d 785
- In re Taliaferro, 2014 S.D. 82, 856 N.W.2d 805
- Mercer v. South Dakota Attorney General Office, 2015 S.D. 31, 864 N.W.2d 299
Source
Original opinion text
Official Opinion No. 19-02
Re: Autopsy Report Exempt from State Public Records Laws
Dear Dr. Snell,
In your capacity as the Minnehaha County Coroner you have requested an official opinion from the Attorney General's Office on the following question:
QUESTION:
Is the report of an autopsy performed at the request of a county coroner exempt from the state open records laws?
ANSWER:
Yes. Autopsy reports are exempt from disclosure under several exemptions to the state open records laws.
FACTS:
As coroner, you requested that an autopsy be performed regarding a death that South Dakota law requires to be investigated by the coroner. The autopsy report was used to complete the coroner's death investigation and complete the death certificate. A request for the autopsy report was received from a non-law enforcement individual who is also not the legal next-of-kin of the deceased person.
IN RE QUESTION:
Based upon the above facts, you have asked whether an autopsy report is a public record subject to disclosure according to the provisions of SDCL ch. 1‑27.
SDCL 1-27-1 provides in relevant part:
Except as otherwise expressly provided by statute, all citizens of this state, and all other persons interested in the examination of the public records, as defined in § 1-27-1.1, are hereby fully empowered and authorized to examine such public record[.]
Public records are defined to include "all records and documents" of the State and its political subdivisions. SDCL 1-27-1.1.
A coroner is an elected or appointed county official. See SDCL 7-7-1.1 and 7‑7-1.4. As such, the coroner's records and documents are records initially subject to the presumption of openness established by SDCL 1-27-1. This presumption can only be rebutted where some other "statute, ordinance, or rule" specifically exempts the record from being disclosed. SDCL 1-27-1.1.
SDCL 1-27-1.5 establishes that certain "records are not subject to §§ 1-27-1, 1‑27-1.1, and 1-27-1.3." The statute contains a list of twenty-seven categories that exempt documents and records from public disclosure. SDCL 1-27-1.5(2) exempts medical records from public disclosure, and SDCL 1-27-1.5(5) exempts the records of law enforcement agencies and other investigatory public bodies.
In reviewing a statute, "the language expressed in the statute is the paramount consideration." Olson v. Butte County Commission, 2019 S.D. 13, ¶ 5, --- N.W.2d ---.
When the language in a statute is clear, certain and unambiguous, there is no reason for construction, and the Court's only function is to declare the meaning of the statute as clearly expressed. When we must, however, resort to statutory construction, the intent of the legislature is derived from the plain, ordinary and popular meaning of the statutory language.
In re Wintersteen Revocable Trust Agreement, 2018 S.D. 12, ¶ 12, 907 N.W.2d 785, 789 (citations omitted). The intent of a statute "'must be determined from the statute as a whole, as well as enactments relating to the same subject.'" In re Taliaferro, 2014 S.D. 82, ¶ 6, 856 N.W.2d 805, 806-07 (citations omitted).
SDCL 1-27-1.5(2) specifically exempts medical records from public disclosure. While the term "medical record" is not defined in state statute, it is commonly defined as "a record of a patient's medical information (as medical history, care or treatments received, test results, diagnoses, and medications taken)." Medical Record, Merriam–Webster Online, http://www.merriam-webster.com/medical/medical%20records (last visited April 1, 2019). The term "autopsy" has been statutorily defined as "the post mortem dissection and examination of a dead body…." SDCL 34-25-1.1(1.5). It is generally recognized that the purpose of an autopsy is to determine a person's cause of death. See Autopsy, Merriam-Webster Online, https://www.merriam-webster.com/dictionary/autopsy (last visited April 1, 2019) (defining "autopsy" as an "examination of the body … to determine cause of death and extent of changes produced by disease").
Considering the plain and ordinary meaning of the operative terms, I conclude that an autopsy report is a medical record exempt from public disclosure according to SDCL 1-27-1.5(2). An autopsy is an examination of a person's body that reveals information concerning the general medical condition of the deceased at the time of death. An autopsy report may contain such information as the presence of any disease and evidence of prior medical treatments or procedures. The type of information included in an autopsy report would surely be recognized as a medical record if the person were alive. I decline to change the nature of the record because of the person's death.
The medical records exemption discussed above is not the only public records exemption I find applicable to autopsy reports prepared by, or at the request of, a coroner. SDCL 1-27-1.5(5) indicates that:
[r]ecords developed or received by law enforcement agencies and other public bodies charged with the duties of investigation or examination of persons, institutions, or businesses, if the records constitute a part of the examination, investigation, intelligence information, citizen complaints or inquiries, informant identification, or strategic or tactical information used in law enforcement training
are not subject to examination by the public. SDCL 1-27-1.5(5) clearly and specifically exempts the records of law enforcement agencies from public disclosure. In addition, SDCL 23-5-11 exempts confidential criminal justice information (which includes criminal investigative information) from the disclosure requirements of SDCL ch. 1-27. "Criminal investigative information" has been defined as "information associated with an individual, group, organization, or event compiled by a law enforcement agency in the course of conducting an investigation of a crime or crimes." SDCL 23-5-10(4).
A state's attorney or sheriff, along with a coroner, is authorized to request an autopsy if it is suspected that a person died of unlawful means. SDCL 23‑14‑9.1. Also, importantly, a coroner is required to refer a death to law enforcement for further investigation if the coroner believes the death was due to non-natural causes. SDCL 34-25-22.
Based upon a review of the above referenced statutes, when the autopsy has been requested by a state's attorney or sheriff, or where the death has been referred to law enforcement by the coroner, I conclude the autopsy report is information compiled by law enforcement during an investigation into an individual's death. Further, the autopsy report is a record received by a law enforcement agency which constitutes part of the agency's investigation. In those instances, the autopsy report is exempt from disclosure to the public by operation of SDCL 1-27-1.5(5) and SDCL 23-5-11. See also Mercer v. South Dakota Attorney General Office, 2015 S.D. 31, 864 N.W.2d 299.
While SDCL 1-27-1.5(5) exempts autopsy reports that are part of the criminal investigation records of law enforcement, the language of SDCL 1-27-1.5(5) also clearly extends that exemption to any "public bod[y] charged with the duties of investigation or examination[.]"
Coroners are directed by law to "hold an inquest upon the dead bodies of such persons" that have died by unlawful means. SDCL 23-14-1. Beyond that authority, a coroner is also required to "investigate any human death if a determination of the cause and manner of death is in the public interest." SDCL 23-14-18. State statute authorizes a coroner to request an autopsy if it is suspected that a person died of unlawful means, or if the death falls within the provisions of SDCL 23-14-18(1) to (5). SDCL 23-14-9.1.
The provisions of SDCL 23-14-1, 23-14-9.1, and 23-14-18 make clear that a coroner is a public official authorized by state law to investigate human deaths. As such, I conclude that the reports of autopsies requested by a coroner that fall outside any law enforcement or criminal investigation exemption are nonetheless also exempt from public disclosure according to the provisions of SDCL 1-27-1.5(5). Such autopsy reports are the records of a public official charged with a duty to investigate, and the autopsy reports constitute a part of said investigation.
Beyond the exemptions found in SDCL 1-27-1.5, there is another exemption I believe applies to autopsy reports possessed by coroners. SDCL 1-27-1.9 states that:
[n]o elected or appointed official or employee of the state or any political subdivision may be compelled to provide documents, records, or communications used for the purpose of the decisional or deliberative process relating to any decision arising from that person's official duties. Any document that is otherwise already public is not made confidential by reason of having been used in deliberations.
This deliberative process exemption applies to those documents used by a state or local official in reaching a decision that arises from that official's authorized duties. SDCL 23-14-20 requires a coroner to "prepare a medical certificate in conformance with chapter 34-25 for all deaths over which he assumes jurisdiction." SDCL 34-25-1.1(14) defines the "medical certificate" as "the portion of the death certificate that contains the information regarding the cause and manner of death." In completing the medical certificate, a coroner is required to determine what constitutes the cause and manner of death of the deceased person. The autopsy report is a document used by the coroner in reaching this decision. I conclude that autopsy reports are exempt from disclosure to the public according to SDCL 1-27-1.9 as part of the coroner's decisional process in determining cause and manner of death.
CONCLUSION
It is my conclusion that autopsy reports are exempt from the public disclosure requirements of SDCL ch. 1-27 according to the exemptions found in SDCL 1‑27-1.5(2), 1-27-1.5(5), and 1-27-1.9. Autopsy reports are properly considered medical records which are exempt from public disclosure by operation of SDCL 1-27-1.5(2). The reports of autopsies conducted at the request of law enforcement, or of deaths referred to law enforcement for further investigation, are exempt from public disclosure pursuant to operation of SDCL 1-27-1.5(5) and SDCL 23-5-11. Further, a coroner is a public official tasked with the duty of investigating deaths, and the autopsy report is a record of that investigation. Said reports are exempt from public disclosure pursuant to the general investigatory exemption found in SDCL 1-27-1.5(5). Finally, the autopsy report is a document or record used by the coroner in determining cause and manner of death, and in completing a medical certificate. As such, the autopsy report is part of the coroner's decisional or deliberative process and is exempt from public disclosure by operation of SDCL 1-27-1.9.
Sincerely,
Jason R. Ravnsborg
ATTORNEY GENERAL
JRR/SRB/lde