09-ORD-157 | KOGC

Request By:
Adam Anthony Barker, # 199465
R. David Stengel
Harry J. Rothgerber

Opinion

Opinion By: Jack Conway, 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 for the 30th Judicial District did not violate the Open Records Act in denying Adam Anthony Barker's request for the transcripts of the grand jury proceedings relating to case numbers 04CR3560, 05CR0239, and 05CR1958 pursuant to KRS 61.878(1)(h). We believe that 00-ORD-116, a copy of which is attached hereto and incorporated by reference, is controlling.

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.

LLM Summary

The decision finds that the Commonwealth's Attorney for the 30th Judicial District did not violate the Open Records Act by denying Adam Anthony Barker's request for transcripts of grand jury proceedings. The decision follows the precedent set in 00-ORD-116, which is cited as controlling, affirming that the denial was in accordance with the law.

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