Shareholder Argues Before Supreme Court
Center Valley, Pa. – April 17, 2008 – Litigation Chair, Doug Smillie, argued a case before the Pennsylvania Supreme Court on April 16, 2008. The appeal centers around the interpretation of Pennsylvania' Coroner's Act, which mandates that, within 30 days of the end of the year, a coroner shall deposit "all of his official records and papers" with the prothonotary of the county for public inspection. The specific question is whether the phrase "official records and papers" includes autopsy reports. Acting on behalf of the Express-Times newspaper, Doug argued that the plain language of the statute, which the Courts are obligated to follow, does not permit an interpretation which excludes autopsy reports. In this instance, the report in question relates to a police officer who was fatally shot in police headquarters, a tragic event which was the subject of intense local interest. Doug also argued that the question had been decided by an earlier Supreme Court decision; however, the Commonwealth Court declined to follow that decision and offered a contrary interpretation. Penn Jersey Advance v. Grim, 910 A.2d 120 (2006). The appeal should determine the proper interpretation of the statute in a significant case concerning the public's right to access government records.
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