Kentucky Statutes 61.882 – Jurisdiction of Circuit Court in action seeking right of inspection — Burden of proof — Costs — Attorney fees
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(1) The Circuit Court of the county where the public agency has its principal place of business or the Circuit Court of the county where the public record is maintained shall have jurisdiction to enforce the provisions of KRS § 61.870 to KRS § 61.884, by injunction or other appropriate order on application of any person.
(2) A person alleging a violation of the provisions of KRS § 61.870 to KRS § 61.884 shall not have to exhaust his remedies under KRS § 61.880 before filing suit in a Circuit Court.
(3) In an appeal of an Attorney General’s decision, where the appeal is properly filed pursuant to KRS § 61.880(5)(a), the court shall determine the matter de novo. In an original action or an appeal of an Attorney General’s decision, where the appeal is properly filed pursuant to KRS § 61.880(5)(a), the burden of proof shall be on the public agency. The court on its own motion, or on motion of either of the parties, may view the records in controversy in camera before reaching a decision. Any noncompliance with the order of the court may be punished as contempt of court.
(4) Except as otherwise provided by law or rule of court, proceedings arising under this section take precedence on the docket over all other causes and shall be assigned for hearing and trial at the earliest practicable date.
(5) Any person who prevails against any agency in any action in the courts regarding a violation of KRS § 61.870 to KRS § 61.884 may, upon a finding that the records were willfully withheld in violation of KRS § 61.870 to KRS § 61.884, be awarded costs, including reasonable attorney’s fees, incurred in connection with the legal action. If such person prevails in part, the court may in its discretion award him costs or an appropriate portion thereof. In addition, it shall be within the discretion of the court to award the person an amount not to exceed twenty-five dollars ($25) for each day that he was denied the right to inspect or copy said public record. Attorney’s fees, costs, and awards under this subsection shall be paid by the agency that the court determines is responsible for the violation.
Effective: July 14, 1992
History: Amended 1992 Ky. Acts ch. 163, sec. 7, effective July 14, 1992. — Created
1976 Ky. Acts ch. 273, sec. 7.
(2) A person alleging a violation of the provisions of KRS § 61.870 to KRS § 61.884 shall not have to exhaust his remedies under KRS § 61.880 before filing suit in a Circuit Court.
Terms Used In Kentucky Statutes 61.882
- Action: includes all proceedings in any court of this state. See Kentucky Statutes 446.010
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Attorney: means attorney-at-law. See Kentucky Statutes 446.010
- Docket: A log containing brief entries of court proceedings.
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(3) In an appeal of an Attorney General’s decision, where the appeal is properly filed pursuant to KRS § 61.880(5)(a), the court shall determine the matter de novo. In an original action or an appeal of an Attorney General’s decision, where the appeal is properly filed pursuant to KRS § 61.880(5)(a), the burden of proof shall be on the public agency. The court on its own motion, or on motion of either of the parties, may view the records in controversy in camera before reaching a decision. Any noncompliance with the order of the court may be punished as contempt of court.
(4) Except as otherwise provided by law or rule of court, proceedings arising under this section take precedence on the docket over all other causes and shall be assigned for hearing and trial at the earliest practicable date.
(5) Any person who prevails against any agency in any action in the courts regarding a violation of KRS § 61.870 to KRS § 61.884 may, upon a finding that the records were willfully withheld in violation of KRS § 61.870 to KRS § 61.884, be awarded costs, including reasonable attorney’s fees, incurred in connection with the legal action. If such person prevails in part, the court may in its discretion award him costs or an appropriate portion thereof. In addition, it shall be within the discretion of the court to award the person an amount not to exceed twenty-five dollars ($25) for each day that he was denied the right to inspect or copy said public record. Attorney’s fees, costs, and awards under this subsection shall be paid by the agency that the court determines is responsible for the violation.
Effective: July 14, 1992
History: Amended 1992 Ky. Acts ch. 163, sec. 7, effective July 14, 1992. — Created
1976 Ky. Acts ch. 273, sec. 7.