State Ex Rel. Jordan v. City of Bethany

SIMMS, Justice:

Under Oklahoma law, the office of the State Medical Examiner is required to perform autopsies in an effort to establish the cause of certain enumerated unexplained deaths. 1 This case presents a challenge under the Constitution of The State of Oklahoma to the provisions of 63 O.S. Supp.1988, § 944.2, which requires political subdivisions to pay a “fee” for autopsies performed by that office.

Title 63, Section 944.2 was enacted by Laws, 1985, c. 245, § 3; effective July 15, 1985, by declaration of emergency. Since that time, the Office of the Chief Medical Examiner, (hereinafter…