Request By:
Mr. Robert M. True
Clerk, Fayette Circuit Court
Fayette County Courthouse
215 West Main Street
Lexington, Kentucky 40507
Opinion
Opinion By: David L. Armstrong, Attorney General; By: Cicely D. Jaracz, Assistant Attorney General
Mr. Walter McKinley Harris has appealed to the Attorney General pursuant to KRS 61.880 your denial of his request to inspect certain records in your custody as Clerk of the Fayette Circuit Court. Specifically, Mr. Harris requested a copy of the page in the "Order Book" which reflects the exact date on which Judge N. Mitchell Meade signed and entered the judgment of conviction in Commonwealth v. John M. White, 83-CR-478.
Mr. Harris made this written request on March 9, 1984 and had received no response as of March 28, 1984.
OPINION OF THE ATTORNEY GENERAL
It is the opinion of the Attorney General that Mr. Harris is entitled to a copy of the docket sheet showing the entry of the judgment of conviction in Commonwealth v. John M. White, 83-CR-478, upon payment of the cost of the copy.
First, KRS 61.880 requires a public agency to respond within three days (excluding weekends and holidays) to a request for inspection of public records. When no response is made, the requestor has the right under KRS 61.880 to treat the failure to respond as a denial, and to appeal that denial to the Attorney General.
Second, although our opinions have stated that an agency is not required to respond by mailing copies to requests for voluminous and unspecific public records, these opinions were premised on "blanket" requests void of specificity. See OAG 76-375. Mr. Harris' request is specific and easily identified.
Therefore, it is our opinion that Mr. Harris should receive a copy of the docket in Commonwealth v. John M. White, 83-CR-478, showing the date of entry of the judgment of conviction. Mr. Harris has requested a copy of the page in the "Order Book" upon which this judgment was entered. However, the clerk of the criminal trial court is now required by Civil Rule (CR) 79.01 and Rule of Criminal Procedure (RCr) 13.01 to maintain a "docket" which eliminates the necessity of "judgment books" and "order books." Thus, a copy of the docket entry sufficiently replaces Mr. Harris' request for a copy of the "Order Book" entry. Of course, you have the right to request prepayment of copying fees. KRS 61.874(1).
As directed by statute, a copy of this opinion is being sent to the requestor.