Former coroner can't sign certificates

EPHRATA - Former Grant County Coroner Jerry Jasman is not allowed to sign death certificates.

Visiting Douglas County Superior Court Judge John Hotchkiss ruled Jasman's previous conviction for disorderly conduct prevented him from signing death certificates during a hearing Monday.

The Grant County Superior Court case revolved around Jasman's 2009 plea agreement to disorderly conduct. Jasman, then the coroner, was accused of trapping his chief deputy, Lynette Henson, in his truck, while he drove down Wheeler Road, according to court records. The two were reportedly arguing, when he became angry and started yelling at her while driving between 65 and 70 mph.

As part of the sentence, Jasman "acknowledged forfeiture of his right to hold public office," according to court records. He left the office and was replaced by Dave Matney.

Coroner Craig Morrison ran against Matney in the November 2010 election, and won. After he took office, he hired Jasman, according to court records.

Since Jasman was hired, he signed death certificates in at least one murder case and other suicides, according to court records. The coroner is required to sign death certificates in cases of unnatural death, according to state law.

Kitsap County Chief Deputy Ione George argued by signing death certificates, Jasman was acting as the deputy coroner, a position he can't hold due to the plea.

"Yet what's going on here is a circumvention of that statutory directive, because Mr. Jasman continues to perform public duties, and continues to perform duties that only an elected official can perform," she said. She pointed out Jasman changed his job title from deputy coroner to employee, but the job description didn't change. George focused on Jasman signing death certificates.

"His removal from office was a consequence of a criminal conviction. It is required by law, and it is required by public policy," she said.

Jasman's attorney George Ahrend argued Jasman didn't hold public office, and the law doesn't stop him from performing the duties of the coroner.

"The prohibition that applies to Mr. Jasman by virtue of his conviction says nothing about exercising, performing or even standing in the shoes of the coroner," he said. "He has to do it under the supervision of the elected county officer. That's not the same as being the elected county officer." Ahrend pointed out Jasman's position is created by the coroner, it isn't voted on, and Morrison could fire Jasman.

"All the factors that go into the common law determination of whether somebody is or isn't a public officer, none of them have anything to do with function," he said.

George disagreed with Ahrend's argument, saying a deputy official is when someone fills the role of an elected official.

"When Mr. Jasman signs death certificates, he independently has no authority to do so," she said. "If that is allowed to go on, there is no meaning to the prohibition (against Jasman holding public office.)"

Hotchkiss agreed with George, starting his ruling by saying whether Morrison hires Jasman is up to the voters.

"The problem I have with the signing death certificates. I think that is a statutory function that is the coroner's," he said.

Hotchkiss pointed to cases related to someone other than the coroner or an official designee signing death certificates. He noted a case where a death certificate wasn't allowed to be presented at trial because it was completed by someone not allowed to sign death certificates.

Along with ruling Jasman can't sign death certificates, Hotchkiss denied Morrison's request for a special prosecutor. Morrison was attempting to get the appointment to pay for attorney fees. Jasman filed a lawsuit requesting payment of the attorney fees.