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Request By:
[NO REQUESTBY IN ORIGINAL]

Opinion

Opinion By: Albert 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 neither the Commonwealth's Attorney for the 27th Judicial District nor the Knox Circuit Court Clerk violated the Open Records Act in failing to furnish Joseph Money with records relating to grand jury proceedings in case number 92-CR-0085. With respect to records of the Commonwealth's Attorney, we find that 96-ORD-106, a copy of which is attached hereto and incorporated by reference, is controlling. With respect to records of the circuit court clerk, we find that 98-ORD-6, a copy of which is attached hereto and incorporated by reference, is controlling.

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.

LLM Summary
The Attorney General's decision finds that neither the Commonwealth's Attorney for the 27th Judicial District nor the Knox Circuit Court Clerk violated the Open Records Act by not providing records related to grand jury proceedings in case number 92-CR-0085. The decision relies on previous open records decisions, 96-ORD-106 and 98-ORD-006, which are deemed controlling and are followed in this case.
Disclaimer:
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Requested By:
Joseph Money
Agency:
Office of the Commonwealth’s Attorney for the 27th Judicial District and Knox Circuit Court Clerk
Type:
Open Records Decision
Lexis Citation:
1999 Ky. AG LEXIS 237
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