NOT TO BE PUBLISHED

97-ORD-99

June 24, 1997

In re: Gary Dillard/Commonwealth's Attorney for the Third 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 Third Judicial Circuit is not obligated to release records of grand jury proceedings under KRS 61.878(1)(h) of the Kentucky Open Records Act. We therefore hold that the Commonwealth's Attorney did not violate the provisions of the Act by failing to release the requested records to Gary Dillard. 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

#572

Enclosure

Distributed to:

Gary Dillard #119171

Green River Correctional Complex

P. O. Box 9300

Central City KY 42330

John L. Atkins

Commonwealth's Attorney

601 South Main Street

Hopkinsville KY 42240