Opinion
Opinion By: Gregory D. Stumbo, Attorney General; Michelle D. Harrison, Assistant Attorney General
Open Records Decision
At issue in this appeal is whether the McCracken Commonwealth's Attorney violated the Kentucky Open Records Act in denying the request of Monty K. Turner for a copy of the Wal-Mart surveillance tape from November 3, 2003. Citing KRS 61.878(1)(h), William Anthony Kitchen, Assistant Commonwealth's Attorney, denied Mr. Turner's request because "records maintained by Commonwealth's Attorneys pertaining to criminal cases are exempted from disclosure under the Open Records [Act]"; Mr. Kitchen is correct in this assertion. In our view, 00-ORD-116, a copy of which is attached hereto and incorporated by reference, is controlling. Because records of the type requested are permanently excluded from application of the Open Records Act by operation of KRS 61.878(1)(h), the McCracken Commonwealth's Attorney properly denied Mr. Turner's request on this basis.
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.
Monty K. Turner, # 184946Little Sandy Correctional ComplexRoute # 5, Box # 1000Sandy Hook, KY 41171
William Anthony KitchenAssistant Commonwealth's AttorneyMcCracken County Courthouse301 South Sixth StreetPaducah, KY 42003