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 open records appeal, and the Attorney General being sufficiently advised, we find that the Department of Corrections properly relied on KRS 197.025(2), incorporated into the Open Records Act by operation of KRS 61.878(1)(l), in denying James E. Lang's June 27, 2001, request for copies of records relating to the Department's canteen operations and its cable or satellite contracts. We believe that 98-ORD-150, as it relates to KRS 197.025(2) is controlling. A copy of this decision is attached hereto and incorporated by reference. We affirm the Department's denial of Mr. Lang's request. In his appeal, Mr. Lang also attacks the constitutionality of KRS 197.025. An open records appeal to the Attorney General is not an appropriate forum in which to challenge the constitutionality of a statute restricting inmate access to records. 01-ORD-12.
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.
James E. Lang # 89449Blackburn Correctional Complex3111 Spurr RoadLexington, KY 40511
Amy V. BarkerDepartment of CorrectionsOffice of General Counsel2439 Old Lawrenceburg RoadFrankfort, KY 40602
Steve DurhamDepartment of CorrectionsOffice of General Counsel2439 Old Lawrenceburg RoadFrankfort, KY 40602