61.882 Jurisdiction of Circuit Court in action seeking right of inspection -- Burden

364 words·~2 min read·/ky/61-882

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

of proof -- Costs -- Attorney fees.

(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 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 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 61.884 may, upon a finding that the records were

willfully withheld in violation of KRS 61.870 to 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.