Department of Revenue, Finance & Administration Cabinet v. Wyrick

Summary

The Supreme Court of Kentucky interpreted the civil litigation limitation in Kentucky's Open Records Law, KRS 61.878(1). The court held that an open-records request must be evaluated independently of whether the requester is a party or potential party to litigation, and that the limitation does not bar disclosure of records not otherwise exempt under the statute. The court affirmed the Court of Appeals and remanded for further proceedings, including consideration of the statutory exemptions.

Holdings

1. Because the Kentucky Open Records Law does not prescribe a deadline for requesting Attorney General review of an agency's denial, Wyrick's request filed approximately one month after the Department's response was timely.
2. The civil-litigation limitation does not independently bar a person involved in litigation with a public agency from using the Open Records Law to obtain records that are not otherwise exempt from disclosure. The agency must first determine whether the requested materials fall within a statutory or other applicable exclusion; only if an exclusion applies does the limitation restrict a court's authority to order disclosure of litigation-related materials beyond the scope of pretrial discovery.

Questions Presented

1. Whether Wyrick's request for Attorney General review of the Department's open-records denial was timely when the Open Records Law does not specify a deadline for requesting that review.
2. Whether the civil-litigation limitation in KRS 61.878(1) independently bars a litigant or potential litigant from obtaining public records through an open-records request when the records are not otherwise within one of the statutory exemptions.
3. Whether the circuit court properly resolved the records requests by applying the civil-litigation limitation before determining whether the records fell within one of the specific exemptions in KRS 61.878(1)(a)-(n).

Disposition

remanded