Opinion
Opinion By: Albert 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 Twentieth Judicial District did not violate the Open Records Act in the disposition of Joseph Charlie Hill's December 17, 2002 request for copies of the "Evidence Video[s]" identified in that request. We believe that 00-ORD-116, a copy of which is attached hereto and incorporated by reference, is dispositive of the issue Mr. Hill raises. Although that decision deals specifically with grand jury transcripts in the custody of Commonwealth's Attorneys, it is clear that KRS 61.878(1)(h) extends to any "record[] or information compiled and maintained by . . . Commonwealth's Attorneys pertaining to criminal investigations or criminal litigation," affording the record or information permanent exemption from inspection under the Open Records Act even "after enforcement action, including litigation, is completed or a decision is made to take no action." Simply stated, the Commonwealth's Attorney has no legal obligation under the Open Records Act to furnish Mr. Hill with a copy of the tape and his decision to do so or not to do so rests entirely in his discretion. Further, we find that an open records appeal is not the appropriate forum in which to attempt to compel compliance with a court order directed to the Greenup Circuit Court Clerk, especially when that appeal is brought against the Commonwealth's Attorney.
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.
Joseph Charlie HillP.O. Box 81Argillite, KY 41121
Clifford R. DuvallCommonwealth's Attorney201 Harrison StreetP.O. Box 378Greenup, KY 41144