Opinion
Opinion By: Gregory D. Stumbo,Attorney General;James M. Ringo,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 30th Judicial Circuit did not violate the Open Records Act in denying Alexander Thornton, Jr.'s request for a copy of grand jury records in Case/Indictment No. 04-CR-001647, on the basis of KRS 61.878(1)(h). 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. Because the Commonwealth's Attorney is not required by the Open Records Act to disclose grand jury records, we find no error in the Commonwealth's Attorney's denial of Mr. Thornton's request.
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.
Alex Thornton, Jr., # 119941Eastern Kentucky Correctional ComplexDorm 3-AL-2200 Road to JusticeWest Liberty, KY 41472
Judy ComstockJefferson County Grand Jury StaffOffice of the Commonwealth's Attorney514 W. Liberty StreetLouisville, KY 40202-2887
Kathleen ReedAssistant Commonwealth's AttorneyOffice of the Commonwealth's Attorney514 W. Liberty StreetLouisville, KY 40202-2887