November 20, 1996

In re: Samuel Meadows/Commonwealth's Attorney for the 5th Judicial Circuit

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 Commonwealth's Attorney for the 5th Judicial Circuit properly denied Samuel Meadows's request for a copy of the taped conversation between Lee Ann Meadows and Samuel Meadows. Pursuant to KRS 61.878 (1)(h), records compiled and maintained by the Commonwealth's Attorney pertaining to criminal investigations or criminal litigation are exempted from the provisions of the Kentucky Open Records Act, and remain exempted after enforcement action, including litigation, is completed, or a decision is made to take no action. We believe that 96-ORD-230, a copy of which is attached hereto and incorporated by reference, is controlling.

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:

Samuel Meadows #115980-d-1

Western Kentucky Correctional Complex

P. O. Box 5000

Eddyville KY 42038-5000

William S. Greenwell

Commonwealth's Attorney

Fifth Judicial Circuit

P. O. Box 361

Marion KY 42064