Request By:
[NO REQUESTBY IN ORIGINAL]
Opinion
Opinion By: A. B. Chandler III, Attorney General; Amye L. Bensenhaver, Assistant Attorney General
Open Records Decision
This matter having been presented to the Attorney General in an open records appeal, and the Attorney General being sufficiently advised, we find that the Commonwealth's Attorney for the Thirtieth Judicial Circuit properly denied Walter L. Thomas's request for records identified as "the hearing held on August 28, 1992 and July 29, 1996 plus [Assistant Commonwealth's Attorney Joe Gutmann's] notes." Pursuant to KRS 61.878(1)(h), records compiled and maintained by the Commonwealth's Attorney pertaining to criminal investigations or criminal litigation are exempted from the provisions of the Kentucky Open Records Act, and remain exempted after enforcement action, including litigation, is completed, or a decision is made to take no action. We believe that 96-ORD-230, a copy of which is attached hereto and incorporated by reference, is controllling.
A party aggrieved by this decision may appeal it by initiating action in the appropriate circuit court pursuant to KRS 61.880(5) and KRS 61.882. Pursuant to KRS 61.880(3), the Attorney General should be notified of any action in circuit court, but should not be named as a party in that action or in any subsequent proceeding.