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Request By:

IN RE: William Finney/Carroll 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 actions of the Carroll Circuit Court relative to Mr. William Finney's request to inspect the records pertaining to Indictment Nos. 90-CR-016 and 91-CR-044. Mr. Finney, an inmate at Eastern Kentucky Correctional Complex indicates that on December 28, 1992, he submitted an open records request to Mr. William L. Wheeler, Clerk of the Carroll Circuit Court. He received a response from Ms. Yolanda Toole, Deputy Clerk, on January 11, 1993. Ms. Toole provided Mr. Finney with all available records pertaining to those indictments. Mr. Finney provided this Office with a copy of those records.

The single issue presented in this appeal is whether Ms. Toole's response violated the Open Records Act. In OAG 91-193, we addressed a similar issue. 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. Finney may challenge this decision by initiating action in the appropriate circuit court pursuant to KRS 61.880(5) and KRS 61.882.

LLM Summary
The decision addresses an appeal by Mr. William Finney regarding his request to inspect records related to specific indictments from the Carroll Circuit Court. The decision references OAG 91-193 to conclude that the records requested by Mr. Finney, an inmate, are not subject to the Open Records Act, following the precedent set in Ex parte Farley. The decision affirms that the response by the Deputy Clerk, providing the available records, did not violate the Open Records Act.
Disclaimer:
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Requested By:
William Finney
Agency:
Carroll Circuit Court
Type:
Open Records Decision
Lexis Citation:
1993 Ky. AG LEXIS 48
Cites:
Forward Citations:
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