01-ORD-116

Opinion

Opinion By: Albert B. Chandler III, Attorney General; James M. Ringo, 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 46th Judicial Circuit did not violate the Open Record Act in denying James R. Early's, request for access to the grand jury investigation records. We believe that 96-ORD-212 (Grand Jury records) and 00-ORD-116 (Commonwealth's Attorney records), copies of which are attached hereto and incorporated by reference, are 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 finds that the Commonwealth's Attorney for the 46th Judicial Circuit did not violate the Open Records Act by denying a request for access to grand jury investigation records. The decision follows previous rulings in 96-ORD-212 and 00-ORD-116, which deal with the confidentiality of grand jury records and Commonwealth's Attorney records, respectively.
Disclaimer:
The Sunshine Law Library is not exhaustive and may contain errors from source documents or the import process. Nothing on this website should be taken as legal advice. It is always best to consult with primary sources and appropriate counsel before taking any action.
Requested By:
James R. Early
Agency:
Commonwealth’s Attorney for the 46th Judicial Circuit
Type:
Open Records Decision
Lexis Citation:
2001 Ky. AG LEXIS 128
AG Original File:
Original on AG Site
Cites:
Neighbors

Support Our Work

The Coalition needs your help in safeguarding Kentuckian's right to know about their government.

Give to the Coalition