Comaroto v. PIERCE CTY. MEO

43 P.3d 539
CourtCourt of Appeals of Washington
DecidedApril 5, 2002
Docket26792-6-II
StatusPublished
Cited by3 cases

This text of 43 P.3d 539 (Comaroto v. PIERCE CTY. MEO) is published on Counsel Stack Legal Research, covering Court of Appeals of Washington primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Comaroto v. PIERCE CTY. MEO, 43 P.3d 539 (Wash. Ct. App. 2002).

Opinion

43 P.3d 539 (2002)
111 Wash.App. 69

Gregory A. COMAROTO, Appellant,
v.
PIERCE COUNTY MEDICAL EXAMINER'S OFFICE, Respondent.

No. 26792-6-II.

Court of Appeals of Washington, Division 2.

April 5, 2002.

*540 Gregory A. Comaroto, pro se Appellant.

Douglas Warren Vanscoy, Deputy Prosecuting Attorney, for Respondent.

HUNT, J.

Gregory Comaroto, convicted of child molestation, appeals the denial of his request for disclosure of his victim's suicide note under the Public Records portion of the Public Disclosure Act (Act), RCW 42.17. Agreeing with the trial court that this note is exempt from disclosure under the Act, we affirm.

FACTS

Comaroto was convicted of committing a lewd or lascivious act on a child, M. L., his wife's niece. M.L. later committed suicide, leaving a handwritten, two-page suicide note for her family. The suicide note was initially included in the Sheriff's Department's Incident Report on M.L.'s death. The Sheriff's Department provided the note to the medical examiner, who returned the original to M.L.'s family and kept a copy.

Comaroto's attorney requested that Pierce County Medical Examiner Dr. John D. Howard disclose "copies of the diary entries and/or suicide note left by [M.L.]." Clerk's Papers (CP) at 13. Dr. Howard responded:

In connection with this postmortem, my office received from law enforcement two sheets of original writings which were in fact considered in reaching the official classification of the manner of death. The originals were returned to the family, and my office retains copies.... Whether the Sheriff's Office keeps copies of such evidence, and whether it would produce such copies at your request if it did, are not matters within my province.
Writings of a suspected suicide are physical evidence considered by the medical examiner in reaching the conclusions required by law....
[T]he subject writings are not available for public inspection and copying ... and your request is respectfully denied.

CP at 15.

Comaroto sued the Pierce County Medical Examiner's Office, seeking disclosure of the suicide note under the Act, RCW 42.17.340(1). The Medical Examiner opposed the motion, arguing that its copies of M.L.'s suicide note are exempt from disclosure by operation of RCW 68.50.105, which exempts autopsy and post mortem reports and records, subject to limited exceptions.

*541 At Comaroto's request, the trial court reviewed the note in camera under RCW 42.17.340(3) and ruled that it was exempt from disclosure under RCW 68.50.10. The court denied Comaroto's motion for disclosure, sealed the copies of the note,[1] and dismissed the action with prejudice. Comaroto appeals.

ANALYSIS

I. PUBLIC DISCLOSURE ACT, RCW 42.17

The Legislature designed the Public Disclosure Act, RCW 42.17.250.348, to provide public access to public records. RCW 42.17.010; RCW 42.17.260. The Act's purpose is to preserve "the most central tenets of representative government, namely, the sovereignty of the people and the accountability to the people of public officials and institutions." O'Connor v. Washington State Dep't of Soc. & Health Serv., 143 Wash.2d 895, 905, 25 P.3d 426 (2001) (citation omitted). But as our Supreme Court has noted,

The basic purpose and policy of RCW 42.17 is to allow public scrutiny of government, rather than to promote scrutiny of particular individuals who are unrelated to any governmental operation.

In re Rosier, 105 Wash.2d 606, 611, 717 P.2d 1353 (1986), superseded on other grounds by RCW 42.17.255.

A. STANDARD OF REVIEW

The Act provides that "[j]udicial review of all agency actions taken or challenged under RCW 42.17.250 through 42.17.320 shall be de novo." O'Connor, 143 Wash.2d at 904, 25 P.3d 426 (citation omitted). "[T]he appellate court stands in the same position as the trial court where the record consists only of affidavits, memoranda of law, and other documentary evidence." O'Connor, 143 Wash.2d at 904, 25 P.3d 426 (citation omitted).

The issues here are: (1) whether the suicide note is a public record under the Act; and (2) if so, whether it is exempt from disclosure. We answer yes to both questions.

B. DISCLOSURE

The following "public records" are subject to disclosure under the Act:

any writing containing information relating to ... the performance of any governmental or proprietary function .... used, or retained by any state or local agency regardless of physical form or characteristics....

RCW 42.17.020(36).[2] RCW 42.17.020(42) further defines "writing" as

... photostating, photographing, and every other means of recording any form of communication or representation ... and all papers, ... and other documents including existing data compilations from which information may be obtained or translated.

If a statute is plain and unambiguous, we derive its meaning from the wording of the statute itself. Berger v. Sonneland, 144 Wash.2d 91, 105, 26 P.3d 257 (2001). Under the plain language of RCW 42.17.020(42), M.L.'s handwritten suicide note is a "writing" because it comprises papers and other documents, from which information may be obtained. The sheriff gathered and temporarily retained the note before delivering it to the medical examiner's office (a governmental agency) to investigate and to determine the cause of M.L.'s death (a government function).

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Bluebook (online)
43 P.3d 539, Counsel Stack Legal Research, https://law.counselstack.com/opinion/comaroto-v-pierce-cty-meo-washctapp-2002.