Opinion
Opinion By: Gregory D. Stumbo, 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 Commonwealth's Attorney for the 46th Judicial Circuit properly denied Mr. Swink's request for a copy of the Grand Jury proceedings that was held on February 3, 2003. Pursuant to KRS 61.878(1)(h), records compiled and maintained by the Commonwealth's Attorney pertaining to criminal investigations or criminal litigation are exempted from the provisions of the Kentucky Open Records Act, and remain exempted after enforcement action, including litigation, is completed, or a decision is made to take no action. 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.
Richard Swink, # 166068 D-5Northpoint Training CenterP.O. Box 479Burgin, KY 40310
Kenton R. SmithCommonwealth's AttorneyP.O. Box 249Brandenburg, KY 40108