December 18, 1996

In re: Eddie Burnette/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 is not obligated to release the grand jury proceedings under KRS 61.878 (1)(h) of the Kentucky Open Records Act. Therefore, the Commonwealth's Attorney for the 5th Judicial Circuit cannot be said to have violated the provisions of the Act by failing to release the requested records to Mr. Burnette. We believe that 96-ORD-106, 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:

Eddie Burnette #122885C

Western Kentucky Correctional Complex

P. O. Box 5000

Eddyville KY 42038

W. S. Greenwell

Commonwealth's Attorney

Fifth Judicial Circuit

P. O. Box 361

Marion KY 42064