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Request By:

IN RE: Robert Sanders/Jefferson 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 Jefferson Circuit Court relative to Mr. Robert Sanders' request to inspect the records pertaining to Indictment No. 82-CR-124. Mr. Sanders, an inmate at Kentucky State Reformatory, indicates that on April 8, 1993, he submitted an open records request to the Jefferson Circuit Court. He received a response from the Clerk on April 16, 1993. The Clerk advised him that his affidavit of indigence did not entitle him to free copies.

The single issue presented in this appeal is whether the Jefferson Circuit Court Clerk'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. Sanders 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. Robert Sanders regarding the Jefferson Circuit Court Clerk's response to his open records request. The Clerk had informed Sanders that his affidavit of indigence did not entitle him to free copies of the records. The Attorney General's decision references OAG 91-193, which concluded that court records requested by an inmate are not subject to the Open Records Act, to support the decision that the Clerk's response did not violate the Open Records Act. Sanders is advised that he can challenge this decision in the appropriate circuit court.
Disclaimer:
The Sunshine Law Library is not exhaustive and may contain errors from source documents or the import process. Nothing on this website should be taken as legal advice. It is always best to consult with primary sources and appropriate counsel before taking any action.
Requested By:
Robert Sanders
Agency:
Jefferson Circuit Court
Type:
Open Records Decision
Lexis Citation:
1993 Ky. AG LEXIS 97
Cites:
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