A quick note on yet another open records defeat for the Kentucky State Police that KSP has elected to appeal to the Kentucky Court of Appeals.

On September 20, WDRB reporter Jason Riley tweeted that KSP had appealed an adverse Franklin Circuit Court ruling and the award of attorneys' fees and penalties to the appellate court.

This dispute involved access to investigative records relating to trooper misconduct.

https://www.facebook.com/419650175248377/posts/509898962890164?sfns=mo

Law enforcement agencies across the state regularly make investigative records available "even though examination may cause inconvenience or embarrassment to public officials or others," but not KSP. The agency clings to the belief that it must only disclose complaints against the officers that spawn the investigation and records documenting final disciplinary action or the decision to take no action.

These records often tell the public very little about the allegations and the action taken, and they never tell the public what the investigation confirmed. The public's inability to scrutinize the investigative findings impedes its ability to assess whether the discipline imposed — or not imposed — was appropriate.

At least one other case involving access to investigative files involving KSP and trooper misconduct is pending in the Court of Appeals.

If that case is resolved against KSP, there's a good chance the agency will petition the Kentucky Supreme Court for discretionary review, delaying final resolution and opening the door for new cases concerning access to trooper misconduct investigative files.