19-ORD-148 | KOGC

Opinion

Opinion By: Jack Conway,Andy Beshear,Attorney General;James M. Herrick,Assistant Attorney General

Summary : Meade County Attorney did not violate Open Records Act in denying request for criminal litigation records on the basis of KRS 61.878(1)(h). Decision adopts 00-ORD-116.

Open Records Decision

The question presented in this appeal is whether the Meade County Attorney violated the Open Records Act in denying Garrett Prehatney's June 19, 2019, request for a copy of a criminal complaint or criminal information form submitted by Mr. Prehatney in June 2019. We find no violation. 00-ORD-116, a copy of which is attached hereto and incorporated by reference, is dispositive of the issue on appeal. As a record compiled and maintained by the county attorney that pertains to a criminal investigation and criminal litigation, the requested record is 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 shall be notified of any action in circuit court, but shall not be named as a party in that action or in any subsequent proceeding.

LLM Summary

The decision concludes that the Meade County Attorney did not violate the Open Records Act by denying a request for criminal litigation records, based on the exemption provided under KRS 61.878(1)(h). The decision follows the precedent set by 00-ORD-116, which is directly applicable to the case at hand, affirming that records related to criminal investigations and litigation are exempt from public disclosure.

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