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Tuesday, May 21, 2013 | 6:08 p.m.

Updated: 8:45 p.m. Friday, Jan. 18, 2013 | Posted: 5:36 p.m. Friday, Jan. 18, 2013

Hiring medical examiner no easy task for county

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By Genevieve Curtis

EL PASO, Texas —

The long wait for a new El Paso County medical examiner might soon be over.

After nearly two years of searching, county commissioners finally have a candidate to become deputy medical examiner and potentially take over when current chief medical examiner, Dr. Juan Contin, retires.

The understaffed medical examiner's office will potentially get some relief as early as next month.

"(Dr. Contin) hired someone he believes is very talented to be his deputy. Someone that is trained in the U.S., has worked in the U.S., very familiar with the job in the U.S." said County Judge Veronica Escobar.

The candidate, Dr. Mario Rascon, while educated and trained in the United States, is a Mexican national. Commissioners made the decision last year to pay a little more than $1,000 to expedite his visa. If approved, the county expects him to start sometime in late February.

The search, more than two years in the making, has been a challenging process.

"We knew it was going to be difficult,' said Escobar.

There's never a shortage of medical examiners on T.V. from "C.S.I." to "Law and Order," there's never a struggle to find a qualified candidate to crack the case.

But that's TV and this is reality.

"We've been without a medical examiner for quite some time. We've been extremely fortunate to have Dr. Contin step in and be willing to fill the void," said Assistant District Attorney Lorie Hughes. "We are so grateful for the work that he has done but he is really doing the job of two or two and a half medical examiners," said Hughes.

Why has it been such a challenge? A national shortage of forensic pathologists makes the pool of candidates incredibly shallow. Additionally the county must compete with other government entities, hospitals, research facilities and universities for those few candidates.

"We've tried to compensate for the challenges by investing a little more than a million dollars in that department," said Escobar.

Hiring a medical examiner comes with increased scrutiny because the position is crucial for the justice system. The county medical examiner often takes the stand during criminal trials and faces tough cross examination from defense attorneys eager to discredit them.

"Having a medical examiner who can give accurate and complete information about the cause of death in those types of circumstances is vital to us being able to pursue justice in convicting those responsible for those crimes," said Hughes.

Its also vital outside of the courtroom.
"If someone needs an autopsy report for an insurance claim, that report is critical for the surviving family," said Escobar.

Candidates must not only be qualified and competent but credible.

The county believes that after years of an exhaustive search for the right candidate, they have finally found one in Rascon. Rascon can train under Contin and possibly replace him as chief, if the county hasn't found a candidate before then.

But some have flagged his hire as a violation and said the position of medical examiner can only be held by a U.S. citizen.

Escobar responded to the criticism.

"We got all sorts of criticism. From, 'Why don't you hire an American', to 'this person cannot hold the job.' With regards to the first criticism we've had the job posted for two years, we've tried as much as possible to find the right candidate and we are still not there yet," said Escobar.

Escobar said county attorneys have thoroughly investigated the claims that Rascon cannot legally hold the position and said there is nothing that prevents them from hiring outside the U.S.

"That's not the case. It was vetted not once, but twice. The legal advice the court has received and the legal advice that human resources department has received has been consistent, we can do it. It's within the law," said Escobar.

The county also raised the bar for the medical examiner because it's seeking national accreditation.

"We want to be the best if not the best in the state of Texas and we are working to that end," said Escobar.

The county was able to add more positions for the ME's office in the budget. On the county's website there is a job posting listed for the position of deputy medical examiner because the county is looking to make another hire in addition to Rascon.

Escobar said hopefully in the next four to six weeks the county will know the status of Rascon's visa and hope to have him start in late February.

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