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 22<nd> Judicial District nor the Fayette Circuit Court Clerk violated the Open Records Act in failing to furnish Andrew Abel with records relating to criminal case numbers 77-CR-294 and 80-CR-470. 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. 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.
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.