Division One of the Court of Appeals held death certificates are not subject to release under the Arizona Public Records Law, nor are autopsy reports. Court are required to make an en camera inspection of the death certificate or autopsy reports and attachments because, though these documents are public records, the records of the government matter are merely incidental to a purely private occurrence of the death, therefore the privacy interests will normally outweigh the interest in the public to scrutinize governmental operations. Schoeneweis v. Superior Court, 1CA-AS 09-0152 12/1/09
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Friday, February 26, 2010
Probate Update
Division One of the Court of Appeals held death certificates are not subject to release under the Arizona Public Records Law, nor are autopsy reports. Court are required to make an en camera inspection of the death certificate or autopsy reports and attachments because, though these documents are public records, the records of the government matter are merely incidental to a purely private occurrence of the death, therefore the privacy interests will normally outweigh the interest in the public to scrutinize governmental operations. Schoeneweis v. Superior Court, 1CA-AS 09-0152 12/1/09
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