00-ORD-134 | KOGC

Request By:
[NO REQUESTBY IN ORIGINAL]

Opinion

Opinion By: Albert B. Chandler III, Attorney General; Amye 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 Eleventh Judicial Circuit did not violate the Open Records Act in its disposition of Ricky Barnett's June 7, 2000, request for the grand jury transcript in case number 96-CR-00138. We believe that 00-ORD-116, 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 proceedings.

LLM Summary

The Attorney General's decision finds that the Commonwealth's Attorney for the Eleventh Judicial Circuit did not violate the Open Records Act when handling a request for a grand jury transcript. The decision follows the precedent set in 00-ORD-116, which is cited as controlling, affirming that the previous handling of similar cases supports the current decision. The decision also outlines the process for appealing such decisions in circuit court.

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