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 Commonwealth's Attorney for the 47th Judicial Circuit did not violate the Open Records Act in the disposition of Donald R. Hall's March 25, 2004, request for a copy of the affidavit of Peyton Reynolds which Mr. Hall believes is located in case number 00-CR-00059. 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. Hall acknowledges that the record sought relates to case number 00-CR-00059. 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. Hall'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:
Donald R. Hall, #153862Eastern Kentucky Correctional Complex200 Road to Justice, Dorm 2-CU-10AWest Liberty, KY 41472
Edison BanksCommonwealth's Attorney48 East MainP. O. Box 989Whitesburg, KY 41858