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 the Commonwealth's Attorney for the Fourth Judicial Circuit did not violate the Open Records Act in denying Givens R. Baldwin's June 29, 2001, request for all documents in the Commonwealth's Attorney's files relating to Thomas Baldwin and indictment numbers 98-CR-292 and 99-CR-062 on the basis of KRS 61.878(1)(h). We believe that 00-ORD-116, as it relates to criminal litigation files in the custody of a Commonwealth's Attorney, is controlling. A copy of that decision is attached hereto and incorporated by reference.
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 proceedings.
Givens R. Baldwin7045 Hanson RoadHanson, KY 42413
David MassamoreCommonwealth's Attorney52 East BroadwayMadisonville, KY 42431