Opinion
Opinion By: Gregory D. Stumbo, 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 Campbell County Commonwealth's Attorney did not violate the Open Records Act in denying Joseph Hutson's March 23, 2004 request for a copy of the May 6, 1998 letter Mr. Hutson sent to the Commonwealth's Attorney concerning case number 98-CR-270. It is the decision of this office that 00-ORD-116, a copy of which is attached hereto and incorporated by reference, is controlling. KRS 61.878(1)(h) excludes from public inspection "records or information compiled and maintained by . . . Commonwealth's Attorneys pertaining to criminal investigations or criminal litigation . . . [even] after enforcement action, including litigation, is completed or a decision is made to take no action." Mr. Hutson acknowledges that the record sought is "a request for [a] fast and speedy trial . . . concerning case number 98-CR-270." It therefore falls squarely within the parameters of KRS 61.878(1)(h). That statute makes no distinction as to the identity of the requester or the purpose underlying his or her request. Accordingly, we affirm the Commonwealth's Attorney's denial of Mr. Hutson's request.
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.
Distributed to:
Joseph Hutson, #148723-D5Northpoint Training CenterP.O. Box 479Burgin, KY 40310-0479
Jack L. Porter, Jr.Campbell County Commonwealth's Attorney330 York Street, Room 12Newport, KY 41071
Anthony J. BrackeChief AssistantCampbell County Commonwealth's Attorney Office330 York Street, Room 12Newport, KY 41071