22-ORD-230
October 25, 2022
In re: Uriah Pasha/Jefferson County Commonwealth’s Attorney
Summary: The Jefferson County Commonwealth’s Attorney (“the
Commonwealth’s Attorney”) did not violate the Open Records Act (“the
Act”) when he withheld a record pertaining to criminal litigation under
KRS 61.878(1)(h).
Open Records Decision
On September 19, 2022, Uriah Pasha (“Appellant”) requested that the
Commonwealth’s Attorney provide a copy of the grand jury transcript in a case in
which the Appellant is the defendant. In a timely response, the Commonwealth’s
Attorney denied the Appellant’s request on the grounds that the transcript was a
record pertaining to criminal litigation, which is exempt under KRS 61.878(1)(h).1
This appeal followed.
Under KRS 61.878(1)(h), “records or information compiled and maintained by
county attorneys or Commonwealth’s attorneys pertaining to criminal investigations
or criminal litigation shall be exempted from the provisions of [the Act] and shall
remain exempted after enforcement action, including litigation, is completed or a
decision is made to take no action.” Grand jury transcripts are records pertaining to
criminal litigation. See, e.g., 17-ORD-085; 11-ORD-079; 00-ORD-116. Accordingly, the
Commonwealth’s Attorney did not violate the Act when he denied the Appellant’s
request for the grand jury transcript under 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 within 30 days
1
On appeal, the Commonwealth’s Attorney states that the requested record has since been
provided to the Appellant and his counsel through discovery.from the date of this decision. 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 proceedings. The Attorney General will accept notice of
the complaint e-mailed to OAGAppeals@ky.gov.
Daniel Cameron
Attorney General
s/ James M. Herrick
James M. Herrick
Assistant Attorney General
#388
Distributed to:
Uriah Pasha, #00643866
Erwin Roberts, Esq.
Thomas B. Wine, Esq.