Kentucky Attorney General Russell Coleman ruled that the Oldham County Attorney's Office properly denied an open records request seeking documents related to two criminal cases, according to a decision issued June 11.

Paul Hendrix appealed after the County Attorney's Office declined to release 13 categories of records related to criminal investigations and prosecutions, citing KRS 61.878(1)(h) and other provisions of the Kentucky Open Records Act.

The records Hendrix sought included communications with law enforcement, internal memoranda, case management records, evidence notes, and compliance records related to Marsy's Law, Kentucky's victim rights amendment.

In his decision, Coleman concluded that records compiled and maintained by county attorneys regarding criminal investigations or litigation are permanently exempt from public disclosure under state law. Unlike law enforcement agencies, which must release investigative records once a case concludes, county attorney files remain shielded regardless of whether the underlying cases have been closed.

"A prosecutor's litigation files are excluded in toto from the Act," the decision states, citing precedent from Kentucky courts.

Hendrix argued that the investigations and prosecutions have ended, meaning the exemption should no longer apply. Coleman rejected this argument, noting that Hendrix's request was directed at the County Attorney's Office rather than law enforcement agencies, making the permanent exemption applicable.

Because the records qualified for exemption under the primary statute, Coleman declined to address the office's alternative arguments under other provisions of the Open Records Act. Hendrix has 30 days to appeal the decision in circuit court.