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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 although the Commonwealth's Attorney for the Ninth Judicial District violated KRS 61.880(1) in failing to respond in writing, and within three business days, to Lawrence M. Froman's February 21, 2000, request for "tape recordings, documents and every record of every type and description . . . [relating] to the Hardin County Grand Jury, Jan. 2000," the Commonwealth's Attorney did not violate the Act in failing to furnish Mr. Froman with the requested records. Based on KRS 61.878(1)(h) as construed in 96-ORD-106, a copy of which is attached hereto and incorporated by reference, we find that the Commonwealth's Attorney is not obligated to disclose records relating to grand jury proceedings to Mr. Froman, however compelling his need for the records.

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 addresses an open records appeal involving the Commonwealth's Attorney for the Ninth Judicial District, who failed to respond in writing within three business days to a request for records related to the Hardin County Grand Jury of January 2000. While the Commonwealth's Attorney was found to have violated KRS 61.880(1) by not responding timely, they were not found in violation of the Act for not providing the records. The decision relies on KRS 61.878(1)(h) and the interpretation from 96-ORD-106 to conclude that grand jury records are exempt from disclosure, supporting the non-disclosure decision.
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Requested By:
Lawrence M. Froman
Agency:
Commonwealth’s Attorney for the Ninth Judicial  District
Type:
Open Records Decision
Lexis Citation:
2000 Ky. AG LEXIS 108
Cites:
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