Opinion
Opinion By: Jack Conway, 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 Kentucky Correctional Psychiatric Center properly denied Kenneth Jones' July 24, 2009, request for a copy of the psychiatric evaluation he was ordered to undergo by the Carlisle District Court. We find that 08-ORD-067, a copy of which is attached hereto and incorporated by reference, is dispositive of this issue. At page 2 of that decision, the Attorney General affirmed KCPC's denial of a similar request on the basis of KRS 61.878(1)(l) and KRS 26A.200. Although this decision may create a hardship for Mr. Jones, his recourse lies in the courts and not in the Office of the Attorney General. Accord, 09-ORD-102 (enclosed).
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.