Badger: Supreme Court will hear death records dispute

Back to TopCommentsE-mailPrintBookmark and Share


badger-steven Badger

The Indiana Supreme Court will hear oral argument May 8 in a dispute over public access to county death records. The case, Evansville Courier & Press v. Vanderburgh County Health Department, raises the issue of whether a county health department’s death certificates, including the cause of death, are public records under the Indiana Access to Public Records Act.

Last summer, the Indiana Court of Appeals held that, although some death records kept by county health departments are specifically designated by statute as being “open to public inspection,” the cause of death was not among them and therefore is not subject to disclosure under APRA. In so ruling, the Court of Appeals expressly disagreed with a 1975 Court of Appeals decision under an earlier version of Indiana’s death records laws.

Traditionally, county death certificates, including the cause of death, have been open to public inspection from county health departments even though the same information has not been available from the state department of health’s electronic “death registration system” created in 2011. Unlike county records, the state system is exempted from public access in its entirety. However, the availability of the cause of death information from county health departments has permitted journalists to investigate public health issues, including news stories about the misuse of prescription medications, drug safety, medical errors and infectious disease. Earlier this year, for example, the Herald Bulletin in Anderson reported upon the deaths of 31 patients of a local clinic whose deaths were attributed to misuse of prescription medications.

The availability of death certificates to all Hoosiers also allows citizens to research their family histories. That benefits not only amateur genealogists but also citizens trying to identify potential genetic health issues.

Laws protecting citizens’ access to public records and public meetings facilitate citizen oversight of the operations and affairs of government. If government is to function as “the servant of the people and not their master” (an express purpose of APRA), citizens must be privy to information the government receives and how the government goes about the business of governing.

Access laws are hardly controversial, but it is easy to become blasé about enforcement of access laws in many situations. In the heat of controversy, even dedicated public officials will yearn to take refuge in secrecy. Fortunately, there are committed advocates both within and outside government who work to safeguard the public’s rights of access. Among them is Indiana Attorney General Greg Zoeller, whose office filed an amicus brief in support of the Evansville Courier & Press and arguing in favor of disclosure of county death certificates.

Public access disputes are rarely sexy. The Evansville Courier & Press case, for example, involves neither scandal nor political intrigue. However, the cause of death information included in death certificates is critical for investigative reporting of public health threats. It is hard to think of any societal issues more important than the public’s health. If government were able to hide information it gathers and receives relating to public health issues, it would be far more difficult for citizens to determine how well the government is protecting public health and to reach consensus on related public policy issues.

Ultimately, public records laws ensure government accountability. Without a strong commitment to maintaining public access to information, representative democracy could wither and die – ironic as such an outcome would be in the Internet era when information is readily available to all.•


Steven Badger represents the Hoosier State Press Association, which filed an amicus curiae brief in support of the Evansville Courier & Press. Badger represents media organizations and journalists in First Amendment, defamation and media law matters. The opinions expressed are those of the author.


Post a comment to this story

We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
You are legally responsible for what you post and your anonymity is not guaranteed.
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
Subscribe to Indiana Lawyer
  1. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  2. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.

  3. (A)ll (C)riminals (L)ove (U)s is up to their old, "If it's honorable and pro-American, we're against it," nonsense. I'm not a big Pence fan but at least he's showing his patriotism which is something the left won't do.

  4. While if true this auto dealer should be held liable, where was the BMV in all of this? How is it that the dealer was able to get "clean" titles to these vehicles in order to sell them to unsuspecting consumers?

  5. He has refused his Assent to Laws, the most wholesome and necessary for the public good. He has forbidden his Governors to pass Laws of immediate and pressing importance, He has erected a multitude of New Offices, and sent hither swarms of Officers to harrass our people, and eat out their substance. He has combined with others to subject us to a jurisdiction foreign to our constitution, and unacknowledged by our laws; giving his Assent to their Acts of pretended Legislation: For imposing Taxes on us without our Consent: He is at this time transporting large Armies of foreign Mercenaries to compleat the works of death, desolation and tyranny, already begun with circumstances of Cruelty & perfidy scarcely paralleled in the most barbarous ages, and totally unworthy the Head of a civilized nation.. He has excited domestic insurrections amongst us, and has endeavoured to bring on the inhabitants of our frontiers, the merciless [ ] Savages, whose known rule of warfare, is an undistinguished destruction of all ages, sexes and conditions. GOD BLESS THE GOVERNORS RESISTING! Count on the gutless judiciary to tie our children down and facilitate the swords being drawn across their throats. Wake Up America ...