Become part of the movement for unbiased, accessible election information. Donate today.
Carl A. Heldt
Do you have a photo that could go here? Click here to submit it for this profile!
 |
This Indiana-related article is a sprout; we plan on making it grow in the future. If you would like to help it grow, please consider donating to Ballotpedia. |
Carl A. Heldt was previously a full-time judge for the Circuit Court of Vanderburgh County in Indiana. He retired in 2012, and was replaced by judge David D. Kiely. He now serves as a senior judge on the court.[1]
Noteworthy cases
Indiana judge says general public has no right to cause of death records
On January 29th, Indiana circuit court judge Carl A. Heldt ruled that the general public has no right to access cause of death (COD) records. The finding is in response to a lawsuit filed by an Evansville resident, Rita Ward, and the Evansville Courier & Press after the two parties were unable to obtain cause of death records following requests in June and July of 2012.[2]
The representation for the newspaper and other plaintiff argued that death records were public records, while the Health Department argued that state law requires them to restrict access to information such as cause of death. From 2002 to 2012, the Evansville Courier & Press routinely published COD in their news coverage, however in mid-2012 the county ceased to provide this information. Last July, Public Access Counselor Joseph Hoage offered his opinion that the records should be accessible to the public.[2]
Complicating the issue are state laws that appear to be at odds and evolving technology, which means that many of these records are not stored solely by the county in paper format, but stored in a statewide electronic database. There are at least two seemingly conflicting laws on the books concerning public access to such records, which the plaintiffs focused on in their arguments and which the judge addressed in his ruling.
Indiana Code 16-37-3-3 says, “The person in charge of interment shall file a certificate of death or of stillbirth with the local health officer of the jurisdiction in which the death or stillbirth occurred ...The local health officer shall retain a copy of the certificate of death." This code also suggests that the general public have access to these physical records. However Indiana Code 16-37-1-10 says, "access to records with the cause of death information is restricted to only those who can prove they have a direct interest in it, such as a spouse or immediate relative who may need it for legal purposes."[2]
In his ruling, Heldt said that when two laws were in conflict, he must follow the more specific statute, leading to his finding more in accordance with Indiana Core 16-37-1-10. The Evansville Courier & Press is considering filing an appeal.[2]
External links
Footnotes
Federal courts:
Seventh Circuit Court of Appeals • U.S. District Court: Northern District of Indiana, Southern District of Indiana • U.S. Bankruptcy Court: Northern District of Indiana, Southern District of Indiana
State courts:
Indiana Supreme Court • Indiana Court of Appeals • Indiana Tax Court • Indiana Superior Courts • Indiana Circuit Courts • Indiana City Courts • Indiana County Courts • Indiana Municipal Courts • Indiana Small Claims Courts • St. Joseph County Probate Court • Indiana Town Courts
State resources:
Courts in Indiana • Indiana judicial elections • Judicial selection in Indiana
