Kentucky

G. Trial records

Overview

Kentucky
04G

6. Compilations of criminal histories.

Open, however, the primary compiler of criminal histories is the Administrative Office of the Courts, an entity not subject to the ORA. Ex Parte Farley, 570 S.W.2d 617, 624 (Ky. 1978) (“[T]he custody and control of the records generated by the courts in the course of their work are inseparable from the judicial function itself, and are not subject to regulation.”).

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b. Consequences of consent

If a reporter consents to in camera review, a stay pending appeal is not automatic in the event of an adverse ruling. In fact, there is no right of appeal. Orders granting subpoenas have been held to be "purely interlocutory" and therefore, not appealable. Parties who have suffered an adverse judgment must proceed through a writ of prohibition. Lexington Herald-Leader Co. v. Beard, 690 S.W.2d 374, 376 (Ky. 1984) (citing Claussner Hosiery Co. v. City of Paducah, 120 S.W.2d 1039 (Ky. 1938).

b. Duplication.

Duplication costs are limited to the actual costs of reproduction. In Friend v. Rees, 696 S.W.2d 325 (Ky. Ct. App.,1985), 10 cents per page was found to be a reasonable charge for reproduction. See also 200 KAR 1:020 § 3(1) (directing state agencies to charge 10 cents per page for copies).

An agency cannot charge a fee for copies and postage when it provides hard copies to a requester in lieu of providing onsite inspection via computer access as requested. The requester should be allowed to view the hard copies onsite. 00-ORD-8.

2. Time limits for filing appeals.

The notice of appeal must be filed within 30 days of the circuit court's decision. See Ky. R. Civ. P. 73.02.

6. Multi-state or regional bodies.

Multistate or regional bodies are included in the OMA. See Ky. Rev. Stat. 61.805(2)(g),(h).

(5). Other information required in notice.

A notice which merely stated that the closed session was for discussions concerning "property and negotiations" failed to comply with the notice requirement. The notice failed to reveal whether the property was real or personal, whether the Board proposed to purchase or sell the property, and whether the publicity would affect its value. Jefferson County Bd. of Educ. v. Courier-Journal, 551 S.W.2d 25 (Ky. Ct. App., 1977); see also Reed v. City of Richmond, 582 S.W.2d 651 (Ky. Ct. App., 1979).