STATE OF SOUTH DAKOTA
OFFICE OF
THE ATTORNEY GENERAL

July 8, 1968

Richard Kolker
Deputy State's Attorney, Brown County
Aberdeen, South Dakota 57401

OFFICIAL OPINION NO. 68-3

Power of Municipal Judge to Act as Coroner

Dear Mr. Kolker:

You have requested my official opinion interpreting SDC 1960 Supp. 34.1002 and you advised that the Municipal Judge of Brown County has been requested by the Coroner of Brown County, in the absence of the Coroner, to act as Deputy Coroner.

As quoted by you:

"Sec. 34.1002 of the SDC 1960 Supp. provides that, 'in case of his absence (coroner) or inability to act, any Justice of the Peace in the county is authorized to perform the duties of coroner in relation to dead bodies.'''

Your questions are as follows:

"1. Is the municipal judge empowered to act as coroner in the absence of same?

"2. Does the coroner, or the county commissioners, have power to appoint a deputy coroner to act in the absence of the duly elected or appointed coroner?"

From reading of the above quoted section of our statute, it is apparent that our law merely permits or authorizes the Justice of the Peace to act in the absence of the duly elected coroner. Therefore, my answer to your first question is in the NEGATIVE. See SDC 12.1101, as amended by Chapter 6, Session Laws of 1968.

As to your Question No.2, I call your attention to SDC 1960 Supp. 12.1601, as amended by Chapter 16 of Session Laws of 1968 (effective July 1, 1968), Section 1 which provides as follows:

"Section 1. If in the judgment of the board of county commissioners it shall be deemed necessary for the prompt and accurate dispatch of business in the office of the county treasurer, county auditor, clerk of courts, county coroner, or register of deeds that deputies or clerks be employed therein, it shall by resolution fix the number of deputies or clerks to be employed, the time of employment, and compensation which they shall receive. Such compensation shall be paid monthly by warrant on the special salary fund." (Emphasis supplied.)

In view of this recent amendment the answer to your Question No.2 must be in the AFFIRMATIVE as it authorizes the Board of County Commissioners to appoint deputies in certain county offices, including the office of County Coroner.

Respectfully submitted,

Frank L. Farrar
Attorney General