September 10, 1996

In re: Mark L. Dyer/Office of the Commonwealth's Attorney,

32nd Judicial District

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 Commonwealth's Attorney, 32nd Judicial District, properly denied Mark L. Dyer's July 26, 1996, request for records relating to his prosecution and conviction for various criminal offenses. Pursuant to KRS 61.878(1)(h), records compiled and maintained by Commonwealth's attorneys pertaining to criminal investigations or criminal litigation are exempted from the provisions of the 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-77, 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:

J. Stewart Schneider

Commonwealth's Attorney

32nd Judicial District

P. O. Box 491

Catlettsburg KY 41129-0491

Mark L. Dyer #86258

Otter Creek Correctional Center

P. O. Box 500 D-14

Wheelwright KY 41669-0500