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 Attorney Kim Brooks Tandy did not violate the Open Records Act in the disposition of James Solomon's July 25, 2005, request for a copy of the grand jury tape in case number 01-CR-00152. As a private attorney, Ms. Tandy is not subject to the requirements of the Open Records Act. We find that 04-ORD-215, and the authorities cited therein, are controlling on this issue. A copy of 04-ORD-215 is attached hereto and incorporated by reference.
Notwithstanding the fact that she is not subject to the requirements of the Act, Ms. Tandy notified Mr. Solomon that the requested grand jury transcript is not in her possession. Assuming arguendo that Ms. Tandy was subject to the Act, she clearly cannot produce for inspection a record that is not in her custody. The relief Mr. Solomon seeks is not available through Ms. Tandy.
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.