24-ORD-051
March 5, 2024
In re: Ernest Merriweather/Christian County Commonwealth’s Attorney
Summary: The Christian County Commonwealth’s Attorney (the
“Commonwealth’s Attorney”) violated the Open Records Act (“the Act”)
when she did not respond to a request under the Act.
Open Records Decision
On January 13, 2024, inmate Ernest Merriweather (“Appellant”) submitted a
request to the Commonwealth’s Attorney for a copy the grand jury audio recordings
or transcripts related to his criminal case. On February 6, 2024, having received no
response from the Commonwealth’s Attorney, the Appellant initiated this appeal.
When a public agency receives a request to inspect records it must decide within
five business days “whether to comply with the request” and notify the requester “of
its decision.” KRS 61.880(1). Here, the Appellant submitted a request for public
records to the Commonwealth’s Attorney but she did not respond to that request. As
a result, the Commonwealth’s Attorney violated the Act.1
A party aggrieved by this decision may appeal it by initiating an action in the
appropriate circuit court under KRS 61.880(5) and KRS 61.882 within 30 days from
the date of this decision. Under KRS 61.880(3), the Attorney General shall be notified
of any action in circuit court, but shall not be named as a party in that action or in
any subsequent proceedings. The Attorney General will accept notice of the complaint
emailed to OAGAppeals@ky.gov.
1
On appeal, the Commonwealth’s Attorney states her office received the request and determined
no responsive records existed. However, she admits her office failed to notify the Appellant of that fact
in writing, as the Act requires.Russell Coleman
Attorney General
/s/ Matthew Ray
Matthew Ray
Assistant Attorney General
#045
Distributed to:
Ernest Merriweather #194860
Maureen Leamy