November 20, 1996

In re: The Courier-Journal/Legislative Research Commission

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 Legislative Research Commission violated the Open Records Act when it denied reporter Tom Loftus's October 14, 1996, request for the search warrant “served upon the Legislative Research Commission by federal and/or state investigators on Oct. 11, 1996.” We believe that 96-ORD-244, a copy of which is attached hereto and incorporated by reference, is controlling. The Legislative Research Commission is directed to promptly furnish Mr. Loftus with a copy of the search warrant.

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.

A. B. Chandler III

Attorney General

Amye L. Bensenhaver

Assistant Attorney General



Distributed to:

Don Cetrulo


Legislative Research Commission

4th Floor

The Capitol

Frankfort KY 40601

Tom Loftus

Frankfort Bureau Chief

The Courier-Journal

614-B Shelby Street

Frankfort KY 40601

Jon L. Fleischaker

Wyatt, Tarrant & Combs

Citizens Plaza

Louisville KY 40202-2898