05-ORD-123 | KOGC

Opinion

Opinion By: Gregory D. Stumbo, 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 Twentieth Judicial District did not violate the Open Records Act in the disposition of Ricky D. Switzer, Jr.,'s, April 21, 2005, request for "a copy of the grand jury minutes in case number 00-CR-00080." It is the decision of this office that 00-ORD-116, 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 the Commonwealth's Attorney for the Twentieth Judicial District did not violate the Open Records Act when responding to a request for grand jury minutes, citing 00-ORD-116 as controlling precedent. The decision affirms the actions of the Commonwealth's Attorney and provides guidance on how similar cases should be handled, following the precedent set in 00-ORD-116.

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