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 because the issue presented, namely the scope of discovery in In re Ed J. Gilmore , is currently pending before the Kentucky Unemployment Insurance Commission, it would be improper for us to attempt to substantively determine the issue. We believe that 97-ORD-163, a copy of which is attached, is controlling. The Attorney General will not issue a decision in this matter since "we are not inclined to invade the [Commission's] prerogative in determining the scope of discovery in the pending civil action between [Mr. Hunter's] client [] and the [Kentucky Lottery Corporation]." 97-ORD-163, p. 6.
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.