Mississippi Code
Miss. Code Ann. § 41-61-57 (2024)
County medical examiner; county medical examiner investigator; qualifications; appointment of coroner pro tempore; deputy; removal
✓ Justia copy: laws through about 2024 (2025 and 2026 sessions missing)
- (1) There are hereby created the positions of county medical examiners and county medical examiner investigators, to be established as herein provided through successful completion of the death investigation training school provided for in subsection (5) of this section. Each county medical examiner (CME) shall be a doctor of medicine (M.D.) or osteopathic medicine (D.O.) licensed in the State of Mississippi. Each county medical examiner investigator (CMEI) shall be a nonphysician who shall, as a minimum, possess a high school graduation diploma or its equivalent. Extra consideration for the CMEI position may be given for experience and/or training in health-related fields and medicolegal death investigations.
- (2) Each coroner elected in the 1987 general election and thereafter, upon successful completion of the death investigation training school provided for in subsection (5) of this section, shall be recognized as a county medical examiner or county medical examiner investigator, according to the qualifications set out in subsection (1) of this section, and shall be designated the chief for the county in which he was elected. If the elected or appointed coroner fails to successfully complete the death investigation training school, and thus is unable to take the oath of office, as provided in Section 19-21-105, there shall promptly be appointed a coroner pro tempore in the manner prescribed by Section 9-1-27, and that person shall be designated the chief county medical examiner or county medical examiner investigator until the time of the next death investigation training school, which he must successfully complete or be removed from office. Any elected coroner who has failed to successfully complete the death investigation training school may attend any subsequent death investigation training school conducted during the term for which he was elected, and upon the successful completion thereof, he shall become the chief CME or CMEI for the county in which he was elected. The coroner pro tempore then shall become a deputy CME or CMEI, provided he has successfully completed the death investigation training school. Notwithstanding anything in this section to the contrary, each coroner holding office on July 1, 1986, shall be the chief CME or CMEI for the county in which he was elected through the expiration of his term in January 1988 without having to attend the death investigation training school; however, he may voluntarily attend any such school conducted prior to that time.
- (3) There shall be at least one (1) county medical examiner and/or county medical examiner investigator for each county, and one (1) county medical examiner or county medical examiner investigator shall be designated as the chief for each county, except as otherwise provided in subsection (4) of this section. Any county may have deputy county medical examiners or deputy county medical examiner investigators as deemed necessary who shall be appointed jointly by the board of supervisors and the CME or CMEI. However, when the population of a county reaches a total of twenty thousand (20,000) or greater, there shall be one or more officially appointed deputies. Deputies shall be subject to the same qualifications, training and certification requirements, and shall possess the same authority and discharge the same duties, as other county medical examiners or county medical examiner investigators, and shall receive fees and expenses as provided in Sections 41-61-69 and 41-61-75. Any CME or CMEI may be removed by the State Medical Examiner prior to the expiration of his term as CME or CMEI for inefficiency, or other good cause, after written notice and a hearing in compliance with due process law.
- (4) One (1) person may serve as the chief CME or CMEI for two (2) or more adjacent counties when that person consents and the boards of supervisors of each county involved and the State Medical Examiner consent in writing. Each respective county involved shall be responsible for payment for the services given to that county by the chief CME or CMEI.
- (5) Chief and deputy CME's and CMEI's shall attend the death investigation training school provided by the Mississippi Forensics Laboratory and the State Medical Examiner, and shall successfully complete subsequent testing on the subject material by the State Medical Examiner at least once every four (4) years. Room, board and transportation expenses for attending the school shall be borne by the county in which the CME or CMEI is serving. In addition to the above training, the individual shall receive at least twenty-four (24) hours annually of continuing education as prescribed and certified by the State Medical Examiner. If the above requirements for training or continuing education are not met, the individual immediately shall be disqualified and removed from office as CME and/or CMEI. Reapplication for the office may be made the following year after removal.
Laws, 1986, ch. 459, § 9; Laws, 1989, ch. 455, § 3; Laws, 1990, ch. 453, § 1, eff. 10/1/1990.
Amended by Laws, 2015, ch. 452, SB 2159, 2, eff. 7/1/2015.
Notes of Decisions
Cited in 4
cases, 1993–2005 · leading case: Evans v. State, 725 So. 2d 613 (Miss. 1997).
Evans v. State, 725 So. 2d 613 (Miss. 1997). “Under Miss.Code Ann. § 41-61-57(2), Stafford is considered a county medical examiner investigator and pursuant to § 41-61-65 could recommend that an autopsy be performed.”
Jones v. State, 918 So. 2d 1220 (Miss. 2005). “§ 19-21-105(2) provides for the duly elected coroner, upon completion of the death investigation training school, to be designated the chief county medical examiner or chief county medical examiner investigator, as provided by Miss.”
Chris Jones v. State of Mississippi, No. 2004-KA-00961-SCT (Miss. Apr. 29, 2004). “§ 19-21-105 (2) provides for the duly elected coroner, upon completion of the death investigation training school, to be designated the chief county medical examiner or 19 chief county medical examiner investigator, as provided by Miss. Code Ann. § 41-61-57 (2). Section…”
Donald Leroy Evans v. State of Mississippi, No. 93-DP-01173-SCT (Miss. Sept. 18, 1993). “Under Miss. Code Ann. § 41-61-57 (2), Stafford is considered a county medical examiner investigator and pursuant to § 41-61-65 could recommend that an autopsy be performed.”
Miss. Code Ann. § 41-61-57(2): 2 cases
Evans v. State, 725 So. 2d 613 (Miss. 1997). “Under Miss.Code Ann. § 41-61-57(2), Stafford is considered a county medical examiner investigator and pursuant to § 41-61-65 could recommend that an autopsy be performed.”
Jones v. State, 918 So. 2d 1220 (Miss. 2005). “§ 19-21-105(2) provides for the duly elected coroner, upon completion of the death investigation training school, to be designated the chief county medical examiner or chief county medical examiner investigator, as provided by Miss.”
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