December 10, 1997

In re: Steve L. Monroe/Warren County Regional Jail

This matter having been presented to the Attorney General in an open records appeal, and the Attorney General being sufficiently advised, we find that under authority of KRS 61.882 and OAG 88-78 the Attorney General is foreclosed from rendering an open records decision. We have been advised that Mr. Monroe filed a petition for declarations of rights in the Warren Circuit Court in August, 1997, on the same open records issues presented in this appeal. It is therefore "improper for this office to attempt to substantively determine an open records question, when the same question is before the circuit court." OAG 88-78, p. 3; see also 97-ORD-163 (copies enclosed). We believe that OAG 88-78 is dispositive of this question.

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.

# 1128

Enclosure

Distributed to:

Steve L. Monroe #123231

100 Laurel Street

Greenup KY 41144

Jackie T. Strode, Jailer

Warren County Regional Jail

920 Kentucky Street

Bowling Green KY 42101

Amy Hale Milliken

Assistant Warren County Attorney

923 College Street

Bowling Green KY 42101