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 Kentucky State Police (KSP) properly denied the request of Tom Loftus of the The Courier-Journal for a copy of the grand jury subpoena served on the agency by the Federal Bureau of Investigation (FBI), under authority of KRS 61.878(1)(h). The facts indicate that the FBI, by letter and affirmative communication, had requested the KSP keep the subpoena confidential because the investigation was ongoing and premature disclosure of the information in the subpoena would be detrimental to the investigation, as it could possibly compromise witnesses or subjects of the investigation. We believe that 02-ORD-215, 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.
Jon L. FleischakerDinsmore & Shohl, LLP1400 PNC Plaza500 West Jefferson StreetLouisville, KY 40202
Diane H. SmithRecords CustodianKentucky State Police919 Versailles RoadFrankfort, KY 40601
Roger WrightLegal CounselKentucky State Police919 Versailles RoadFrankfort, KY 40601