Opinion
Opinion By: A. 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 the Commonwealth's Attorney for the Second Judicial Circuit did not violate the Open Records Act in denying Mark A. Gushi's June 26, 2001 request for "a copy of the Grand Jury proceedings (audio tape) of indictment No. 00-CR-00079, Commonwealth v. Gushi " under authority of KRS 61.878(1)(h). 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 proceeding.
Mark A. Gushi, # 149395Western Kentucky Correctional ComplexP.O. Box 5000Eddyville, KY 42038-5000
Christopher B. HollowellAssistant Commonwealth AttorneyCourthouse, 301 South Sixth StreetPaducah, KY 42003-1794
Tim KaltenbachCommonwealth AttorneyCourthouse, 301 South Sixth StreetPaducah, KY 42003-1794