Request By:
Honorable Carroll M. Redford
Commonwealth's Attorney
Forty-Third Judicial District
202 East Washington Street
Glasgow, Kentucky 42141
Opinion
Opinion By: Robert F. Stephens, Attorney General; By: Charles W. Runyan, Assistant Deputy Attorney General
Over the years it has been your custom to have a Grand Jury Reporter to take down the proceedings. The Reporter has been paid by the county.
Now, under the new judicial system, your question is who is going to pay the Grand Jury Reporter?
RCr 5.16 reads:
"(1) The attorney for the commonwealth may appoint a stenographer to take in short-hand the testimony of witnesses or he may cause the testimony to be taken by a recording device, but the record so made shall include the testimony of all witnesses on that particular investigation. The shorthand notes or the recordings and transcript of the same, if any, shall be delivered to and retained by the attorney for the commonwealth.
"(2) The stenographer and any typist who transcribes the stenographer's notes or recordings shall be sworn by the foreman not to disclose any testimony or the names of any witnesses except to the attorney for the commonwealth or when testifying in court, and except that any person indicted by the grand jury shall have a right to procure a transcript of any stenographic notes or recordings relating to his indictment or any part thereof by paying the prescribed fee therefor."
We can find no applicable fee schedule for reporting grand jury proceedings. It is our opinion that the compensation of such a reporter appointed by you should be paid out of the state treasury under proper budgetary procedure as mentioned in KRS 15.760 and 15.750. In order to implement KRS 15.760 and 15.750, we suggest you get in touch with Mr. Ray Larson, Assistant Attorney General of this office, Director of our Prosecutorial Unit. There is nothing to prevent the fiscal court's permissive action under KRS 64.530 in contributing financially to the Grand Jury Reporter's compensation. See KRS 15.750(1).