Request By:
Darryl R. Reed
Harry J. Rothgerber
Opinion
Opinion By: Jack Conway, 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 Office of the Commonwealth's Attorney for the Thirtieth Judicial Circuit did not violate the Open Records Act in denying Darryl R. Reed's August 4, 2008, request for records relating to Indictment No. # 98-CR-2519. We believe that 00-ORD-116, a copy of which is attached hereto and incorporated by reference, is dispositive of the issue on appeal. As records compiled and maintained by the Commonwealth's Attorney that pertain to a criminal investigation and criminal litigation, the requested records are forever excluded from public inspection by operation of KRS 61.878(1)(h) .
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.