Opinion
Opinion By: Gregory D. Stumbo, Attorney General; Michelle D. Harrison, Assistant Attorney General
Open Records Decision
At issue in this appeal is whether Charles R. Hickman, Shelby County Attorney, violated the Kentucky Open Records Act in denying the request of James Mulcahy, Editor of The Sentinel-News, "to review any and all documents, which could include but are not limited to incident reports, protective orders or restraining orders, filed by Brad Montell in a complaint against Theodore Breitenstein." In a timely response, Mr. Hickman denied Mr. Mulcahy's request on the basis of KRS 61.878(1)(h). Having reviewed the record in its entirety and considered the arguments of both parties, it is the decision of this office that the reasoning contained in 04-ORD-153, which resulted from Mr. Hickman's recent denial on the same statutory basis of a similar request involving the same records, is equally applicable here so the same result necessarily follows. Whatever the rationale underlying KRS 61.878(1)(h) may be, the protection it affords to records compiled and maintained by county attorneys and Commonwealth's Attorneys pertaining to criminal investigations or criminal litigation "is absolute regardless of whether enforcement action is completed or a decision is made to take no action." Id., p. 4. Because the records at issue fall squarely within the parameters of KRS 61.878(1)(h), Mr. Hickman properly relied upon this provision in denying Mr. Mulcahy's request.
A party aggrieved by this decision may appeal it by initiating an 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.
James Mulcahy, EditorThe Sentinel-News703 Taylorsville RoadShelbyville, KY 40066
Charles R. HickmanShelby County AttorneyShelby County Courthouse501 Main StreetShelbyville, KY 40065