Annotations for Decision

Commonwealth of Kentucky, Cabinet for Health and Family Services’  (Cabinet) failure to disclose the requested records constituted a “willful” violation of the Open Records Act, KRS 61.871; the Cabinet failed to make particularized analysis and instead relied on an all-encompassing policy of nondisclosure despite the purpose of the Act and despite the acknowledged applicability of KRS 620.050(12)(a) under these circumstances, and the circuit court concluded that these denials were made in “bad faith.” Commonwealth v. Lexington H-L Servs., 382 S.W.3d 875, 2012 Ky. App. LEXIS 216 (Ky. Ct. App. 2012). Full Details

Matter was remanded to the circuit court for a supplemental award of attorney’s fees and costs incurred on appeal; under KRS 61.882(5), upon a showing of a willful withholding, the reporters were entitled to any fees and costs incurred with the legal action, which would include fees and costs incurred in defending the judgment on appeal. Commonwealth v. Lexington H-L Servs., 382 S.W.3d 875, 2012 Ky. App. LEXIS 216 (Ky. Ct. App. 2012). Full Details