NOT TO BE PUBLISHED

97-ORD-105

June 30, 1997

In re: Walter L. Thomas/Commonwealth's Attorney for the Thirtieth 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 Thirtieth Judicial Circuit properly denied Walter L. Thomas's request for records identified as "the hearing held on August 28, 1992 and July 29, 1996 plus [Assistant Commonwealth's Attorney Joe Gutmann's] notes." 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

#639

Enclosure

Distributed to:

Walter L. Thomas

#109502-6CL02

Eastern Kentucky Correctional Complex

Box 636

West Liberty KY 41472

Joseph P. Gutmann

Assistant Commonwealth's Attorney

Jefferson Commonwealth's Attorney's Office

514 W. Liberty

Louisville KY 40202

Dave Stengel

Jefferson Commonwealth's Attorney

514 W. Liberty Street

Louisville KY 40202