98-ORD-159 | KOGC

Request By:
[NO REQUESTBY IN ORIGINAL]

Opinion

Opinion By: Albert B. Chandler III, 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 the Commonwealth's Attorney for the Second Judicial District did not violate the Open Records Act in denying Terry Nelson's request for the transcripts of the grand jury proceedings relating to case number 96-CR-00315 pursuant to KRS 61.878(1)(h). We believe that 96-ORD-106, a copy of which is attached hereto and incorporated by reference, is controlling.

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.

LLM Summary

The Attorney General's decision upheld the denial of Terry Nelson's request for grand jury transcripts related to a specific case, citing 96-ORD-106 as controlling precedent that supports the non-disclosure of such records under the Open Records Act. The decision confirms that the Commonwealth's Attorney for the Second Judicial District acted in accordance with the law by denying the request based on the exemption provided in KRS 61.878(1)(h).

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