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's disposition of Michael W. Long's September 12, 2005, request for a "copy of [the] grand jury transcript of record indictment No. 78-CR-0022" was procedurally deficient, but substantively correct. It is the decision of this office that 00-ORD-116, a copy of which is attached hereto and incorporated by reference, is dispositive of the issue on appeal. Although the Commonwealth's Attorney erred in failing to issue a written response to Mr. Long's request within three business days of receipt, advising him that his request was denied pursuant to KRS 61.878(1)(h), the Commonwealth's Attorney is authorized to deny such request on this basis, as evidenced in the attached decision. We find no error in the denial of Mr. Long's request.
Moreover, we are unable to grant Mr. Log's requests that we "assign or appoint the [public advocate to represent[] [him] at a hearing in the Logan Circuit Court to stipulate the ethical violation of the Open Records [Act] . . . ." KRS 61.880(2) does not vest the Attorney General with the authority to afford Mr. Long the requested relief.
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.
Michael Wayne Long, # 81811Kentucky State Reformatory3001 West Highway 146LaGrange, KY 40032
Charles R. OrangeCommonwealth's Attorney7th Judicial CircuitP. O. Box 1133Russellville, KY 42276