Confidential KASPER records to produced under seal for in camara review by trial court: CABINET FOR HEALTH AND FAMILY SERVICES V. JUDGE BARTLETT (COA 6/13/2008)

CABINET FOR HEALTH AND FAMILY SERVICES V.  JUDGE BARTLETT
GOVERNMENT RECORDS:  Discovery of KASPER information required
2008-CA-000046
PUBLISHED: OPINION AND ORDER DENYING CR.76.36 RELIEF IN PART AND GRANTING RELIEF IN PART
DATE: 6/13/2008

CA concluded that the TC correctly determined, in accordance with Commonwealth v. Barroso, 122 S.W.3d 554 (Ky. 2003), that individual’s rights to due and compulsory process took precedence over any conflicting language included in KRS 218A.202, and that it had the authority to order the Cabinet to produce the requested KASPER information for discovery purposes.  However, counsel’s arguments do not provide "good cause" for the relief requested, and an order compelling the custodian to produce the KASPER shall require the custodian to produce the records under seal for in camera review by the trial court.

Digested by Scott C. Byrd
www.olginandbyrd.com