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 although the Warren County Comonwealth's Attorney violated KRS 61.880(1) in failing to respond to Timothy Joe Woodward's May 15, 2003 request for a copy of the grand jury transcript in case number 00-CR-0071-002, 1 the Commonwealth's Attorney did not otherwise violate the Open Records Act in failing to provide Mr. Woodward with a copy of that record. We believe that 00-ORD-116, a copy of which is attached hereto and incorporated by reference, is dispositive of this issue. That decision, confirming that records of the Commonwealth's Attorney that relate to criminal investigations and criminal litigation are permanently excluded from public inspection pursuant to KRS 61.878(1)(h), supports the Warren County Commonwealth's Attorney's denial of Mr. Woodward's request. It is therefore the conclusion of this office that, with the exception of the procedural violation noted above, the Commonwealth's Attorney's actions were consistent with the requirements of the Act.
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.
Distributed to:
Timothy Joe Woodward #150781Northpoint Training CenterP.O. Box 479 -- Dorm #3Burgin, KY 40310
Steve WilsonCommonwealth's Attorney1001 Center Street, Suite 205Bowling Green, KY 42101-2191
Footnotes
Footnotes
1 The Commonwealth's Attorney should bear in mind that KRS 61.878(1)(h) does not relieve him of his duty to respond in writing, and within three business days, to all open records requests, and that the exemption only affords protection to records or information he compiles and maintains pertaining to criminal investigations or criminal litigation.