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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 Kentucky Correctional Psychiatric Center properly denied William D. Woolum's November 30, 2010, request for a copy of the psychiatric evaluations he was ordered to undergo by the Lyon Circuit Court. We find that 08-ORD-067, a copy of which is attached hereto and incorporated by reference, is dispositive of this issue. At page 2 of that decision, the Attorney General affirmed KCPC's denial of a similar request on the basis of KRS 61.878(1)(l) and KRS 26A.200. Although this decision may create a hardship for Mr. Woolum, his recourse lies in the courts and not in the Office of the Attorney General. Accord, 09-ORD-102 (enclosed).

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.

William D. Woolum, # 079194Sharon W. ProctorJon R. Klein

LLM Summary
The decision finds that the Kentucky Correctional Psychiatric Center properly denied William D. Woolum's request for copies of psychiatric evaluations, citing 08-ORD-067 as dispositive and affirming the denial based on specific statutory grounds. It also references 09-ORD-102 to indicate that any recourse for the aggrieved party lies in the courts.
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Requested By:
William D. Woolum
Agency:
Kentucky Correctional Psychiatric Center
Type:
Open Records Decision
Lexis Citation:
2011 Ky. AG LEXIS 20
Forward Citations:
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