Opinion
Opinion By: Jack Conway, Attorney General; Michelle D. Harrison, Assistant Attorney General
Open Records Decision
At issue in this appeal is whether the Office of the Commonwealth's Attorney for the Twentieth Judicial Circuit violated the Kentucky Open Records Act in denying Wayne C. Murphy's March 29, 2011, request "to view the 'Grand Jury Proceedings/Transcripts' of Ms. Tracy L. Chaffins, Cast # 06-CR-00045." In a timely written response, Commonwealth's Attorney Clifford R. Duvall denied Mr. Murphy's request, advising him that such proceedings "are to be kept secret and any violation of [the Rules of Criminal Procedure] is punishable by contempt of court proceedings." This appeal followed. Upon receiving notification of Mr. Murphy's appeal from this office, Mr. Duvall reiterated that his "so-called open records request" was denied "because RCr 5.16, 5.18, and 5.24 promulgated by the Kentucky Supreme Court, do not permit disbursement of grand jury recordings. " Because KRS 61.878(1)(h), the relevant exception to the Open Records Act, is controlling here, discussion of Mr. Duvall's argument is unnecessary.
With regard to application of KRS 61.878(1)(h), the analysis contained in 00-ORD-116 is controlling; a copy of each decision is attached hereto and incorporated by reference. In relevant part, KRS 61.878(1)(h) provides that "records or information compiled and maintained by county attorneys or Commonwealth's attorneys pertaining to criminal investigations or criminal litigation," shall remain exempt "after enforcement action, including litigation, is completed or a decision is made to take no action." Because the records in dispute fall within the parameters of this exception, they are permanently excluded from application of the Open Records Act by operation of KRS 61.878(1)(h); accordingly, the Office of the Commonwealth's Attorney for the Twentieth Judicial District cannot be said to have violated the Act in denying Mr. Murphy'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.
Distributed to:
Wayne C. Murphy, # 207062Clifford R. Duvall