OPEN RECORDS POLICY
Pursuant to KRS 61.870 to 61.884, the public records of the Commonwealth’s Attorney for the 22nd Judicial Circuit of Kentucky (Fayette County), other than those exempted by law, are open for inspection by any resident of the Commonwealth upon written request to:
Hon. Kimberly Henderson Baird
Commonwealth’s Attorney
116 North Upper St.
Lexington, Kentucky 40507
Application for inspection must be in writing and include the following information: (a) name, address, and telephone number of the applicant; (b) the specific record(s) the applicant wishes to inspect or copy; and (c) whether the records are requested for commercial or non-commercial use. If requested for commercial use, applications must include a certified statement of the commercial purpose. A standard form is available to aid in making a request and can be downloaded here.
Applicants for inspection of public record will be notified in writing not later than five (5) working days after receipt of an application for inspection of any reason the requested records are not available for public inspection.
Copies of written materials in the public records of this agency will be furnished to any non-commercial purpose applicant upon payment of a fee of $.10 per page. Copies of non-written materials in the public record (photographs, digital files, etc.) will be furnished upon payment of a charge equal to the actual cost of producing copies of such materials by the most economic process not likely to damage or alter the records. For copies of public records requested for commercial purposes, the custodian may require the applicant to enter into a contract which will include the fees charged by this Office, including but not limited to fees charged for staff time required to produce copies of the records. Any fees shall be paid before copies are made.
Be advised: pursuant to KRS 61.878(1)(h), “records or information compiled and maintained by County Attorneys or Commonwealth's Attorneys pertaining to criminal investigations or criminal litigation shall be exempted from the provisions of KRS 61.870 to 61.884 and shall remain exempted after enforcement action, including litigation, is completed or a decision is made to take no action.” See also: Skaggs v. Redford, 844 S.W.2d 389 (Ky. 1992).
For purposes of an Open Records request K.R.S. 61.870(1)(10) defines “Resident of the Commonwealth” as the following:
a. An individual residing in Kentucky;
b. A domestic business entity with a location in Kentucky;
c. A foreign business entity registered with the Secretary of State;
d. An individual employed and working at a location or locations in Kentucky;
e. An individual or business entity that owns real property within Kentucky;
f. An individual or business entity authorized to act on behalf of an individual or business
entity defined in sections a) through e) above;
g. A news-gathering organization as defined in K.R.S. 189.635(8)(b)1.a.to e.
