Request By:
IN RE: Ricky L. Graham/Fleming Circuit Court
Opinion
Opinion By: Chris Gorman, Attorney General; Amye B. Majors, Assistant Attorney General
OPEN RECORDS DECISION
This matter comes to the Attorney General on appeal from the Fleming Circuit Court's response to Mr. Ricky L. Graham's request to inspect the records pertaining to Indictment Nos. 87-CR-006 and 91-CR-013. Mr. Graham, an inmate at Eastern Kentucky Correctional Complex, indicates that on August 11, 1992, the Honorable Richard L. Hinton, Fleming Circuit Court Judge, issued an order in which he found that although Mr. Graham is entitled to examine any court records pertaining to the indictments, he is not entitled to a copy at state expense or upon payment of a nominal fee.
The single issue presented in this appeal is whether Judge Hinton's response violated the Open Records Act. In OAG 91-193, we addressed a similar question. There we concluded that a court record requested by an inmate was not subject to the Open Records Act under the rule announced in Ex parte Farley, Ky., 570 S.W.2d 617 (1978). We believe that that opinion, a copy of which is attached, is dispositive of the present appeal.
Mr. Graham may challenge this decision by initiating action in the appropriate circuit court pursuant to KRS 61.880(5) and KRS 61.882.