In Re: Minnie M. Mccord/Office of the Fleming County Attorney
Total Page：16
File Type：pdf, Size：1020Kb
15-ORD-134
July 21, 2015
In re: Minnie M. McCord/Office of the Fleming County Attorney
Summary: Decision adopting 00-ORD-116 and holding that county attorney did not violate Open Records Act in denying request for criminal litigation records on the basis of KRS 61.878(1) (h).
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 Office of the Fleming County Attorney did not violate the Open Records Act in denying Minnie M. McCord’s May 11, 2015, request for records relating to a misdemeanor case. We believe that 00-ORD-116, a copy of which is attached hereto and incorporated by reference, is dispositive of the issue on appeal. As records compiled and maintained by the county attorney that pertain to a criminal investigation and criminal litigation, the requested records are forever excluded from public inspection by operation of KRS 61.878(1)(h).
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. 15-ORD-134 Page 2
Jack Conway Jack Conway Attorney General
James M. Herrick Assistant Attorney General
#239
Distributed to:
Ms. Minnie M. McCord John C. Price, Esq.