Growing Texas counties face renewed death investigation debate
By Arezow Doost
WILLIAMSON COUNTY, Texas (KXAN) — It's not unusual for Williamson County Justice of the Peace Evelyn McLean to drive more than 40 miles in one night, going from the southern edge of her county to the north, to respond to death inquests.
She regularly crisscrosses the growing county on the upper end of Texas' capital city – passing rural pastures and sprawling neighborhoods – to get to scenes, hospitals or homes where people have died.
"We are all over Williamson County at all hours of the day and night," McLean, who presides over Precinct 3, told KXAN in March. "We have multiple deaths a day... I've had a triple fatality, and, you know, three people at once – and then get another call on top of it."
McLean is one of four justices of the peace who determine cause and manner of death, since the county has no medical examiner of its own. The justices shared concerns of juggling court dockets and death investigations over the last year with KXAN investigators. Initially, they were publicly admonished for talking to the media but eventually, county officials approved hiring death inquest specialists, or death investigators, to assist.
Ultimately, the county needs a medical examiner, the justices told KXAN. They pointed to data that shows deaths have increased by 122% over the past decade, as the county's population has grown by almost 210,000 in that time.
Williamson County has been in the epicenter of a debate over whether, and when, counties should establish a medical examiner's office . And that contentious topic is once again set to play out in the next legislative session in January.
More deaths, more complex casesRapid growth has meant not only more deaths in the area but also complex cases. For inquests, justices are on-call for a week at a time, 24 hours a day, seven days a week, including holidays. That time is on top of holding small claims court, truancy and eviction hearings, plus criminal dockets. They also marry people and manage their staff.
They are ruling on homicides, suicides, accidental deaths, overdoses and deaths from natural causes. If a case needs additional investigation, they request an autopsy from Hill Country Forensics – a private firm in Williamson County – or the medical examiner in neighboring Travis County.
Texas uses a hybrid model for death investigations , employing justices of the peace and medical examiners who have forensic expertise. KXAN investigators found just 14 of the state's 254 counties have a medical examiner, leaving the majority of death inquests to justices.
Williamson County referenced current state law as KXAN investigated the justices' concerns. It states that a county with a population of 2.5 million must have a medical examiner, but the commissioners court may also establish one at any time. Last year, lawmakers updated that law, changing the population requirement to align with 2020 federal census data. Until 2019, the cutoff was one million.
Only four Texas counties – Harris, Dallas, Tarrant and Bexar – have two million people or more. Each of those has an established medical examiner's office.
'Solve the problem'Williamson County has nearly 700,000 people , according to the 2023 census estimate.
"When you see locally, as a county judge and a county commissioner that your (justices) are being overwhelmed because of the workload that they have, well then it's time to take action," Sen. Tan Parker , R-Flower Mound, told KXAN this fall.
In 2019, Parker was a state representative, and his home county of Denton was approaching one million people. His county leaders told him they were not financially ready to create their own medical examiner's office but instead wanted to continue a partnership with nearby Tarrant County. The county has its own established office and partnered with neighboring Parker, Johnson and Denton Counties to fund and operate a regional service.
As a result, Parker successfully pushed through legislation that moved the requirement to two million residents.
"I just really provided more flexibility to my county and to other similarly situated counties if they chose to partner longer, as their population grew, before they would choose to create their own structure," he explained. "I want counties to be able to determine what is best for them and their residents."
Critics have pointed to unintended consequences of the law, including other counties of significant population that would have previously been required to establish a medical examiner's office but have yet to do so due to the new population threshold. Parker's office is now studying the issue following KXAN's questions, to see if additional legislation needs to be filed next legislative session.
A new bill could allow more counties to enter regional agreements like the one in North Texas and establish a medical examiner's office across the state.
"I would really encourage a county that says, 'Oh, it's all about the state,' that's really not accurate. They can solve the problem locally today," he added. "Williamson County today, without carrying any legislation, could, in fact, decide tonight, if they called a commissioners' meeting, to go and fund and create their new facility of a medical examiner office."
'Historic day'The Williamson County justices have been talking about the need for relief across the county for months. Earlier this year they traveled to Fort Bend County – in the Houston area – to see how its medical examiner's office works.
As conversations continued, Williamson County Judge Bill Gravell shared his frustration with the justices taking their concerns to the public instead of discussing them privately with commissioners court.
"There will be a day, probably not in our time as public officials, but there will be a day that there is a medical examiner's office in Williamson County, and we continue to take steps moving in that direction," Gravell said during that April meeting.
During the summer, Gravell, who was a former justice of the peace himself, pointed out the county could establish a medical examiner's office in three to four years, but should put in place solutions immediately to help.
After months of discussion, Williamson County Commissioners voted in August to hire four death investigators who would work alongside the justices of the peace and take death calls, go to scenes and prepare reports.
The county said it looked at similar systems in Midland, Lubbock, neighboring Travis County and Hill Country Forensics.
A county spokesperson said they are working on job descriptions, qualifications and training for the specialists, who are slated to begin in January. The commissioners court recently hired a county manager to oversee the positions.
The Texas Code of Criminal Procedure allows counties to employ death investigators who must have experience or training in investigative circumstances, manner, and cause of death. They can investigate the time, place, and manner of death and lock and seal the premises of the deceased. Additionally, a death investigator is required to make a report of any activities, findings and conclusions and provide them to the justice of the peace no later than eight hours after the investigation is complete.
The justices welcome the relief and said they look forward to working with commissioners on what is ahead for the county.
"This is the first step towards creating a medical examiner's office and is a historic day for Williamson County," the justices said in a joint statement in August after commissioners approved the budget. "This is a win for the public by returning our judges to the courtroom to hear cases and hiring skilled investigators to respond to deaths across the county."
KXAN's David Barer, Richie Bowes, Josh Hinkle, Chris Nelson, Robert Sims and Kate Winkle contributed to this report.
