Request By:
[NO REQUESTBY IN ORIGINAL]
Opinion
Opinion By: CHRIS GORMAN, ATTORNEY GENERAL; Thomas R. Emerson, Assistant Attorney General
OPEN RECORDS DECISION
This matter comes to the Attorney General as an apparent appeal by Reba Kersey relative to her attempts to obtain copies of various documents from the Ohio County Circuit Court Clerk's Office.
A request was made by Ms. Kersey to the Circuit Court Clerk's Office for copies of specific documents and the clerk's office has not or will not furnish the items requested.
This office has consistently concluded that records of the court system are not governed by the terms and provisions of the Open Records Act. In Ex Parte Farley, Ky., 570 S.W.2d 617, 624 (1978), the Kentucky Supreme Court said "that the custody and control of the records generated by the courts in the course of their work are inseparable from the judicial function itself, and are not subject to regulation." See also York v. Commonwealth, Ky.App., 815 S.W.2d 415 (1991); KRS 26A.200 and KRS 26A.220; and 94-ORD-105.
We, therefore, conclude that the Ohio County Circuit Court Clerk's Office did not violate the terms and provisions of the Kentucky Open Records Act as KRS 61.870 through KRS 61.884 are not applicable to the records of the court system. Such records are subject to the control and direction of the Kentucky Supreme Court.
Ms. Kersey may challenge this decision by initiating action in the appropriate circuit court pursuant to KRS 61.880(5) and KRS 61.882 within thirty days from the date of this decision. The Attorney General shall be notified of any actions filed in the circuit court pursuant to KRS 61.880(3) but that statute also provides that the Attorney General shall not be named as a party in any actions involving the Open Records Act.