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Request By:
[NO REQUESTBY IN ORIGINAL]

Opinion

Opinion By: A. B. Chandler III, Attorney General; Amye L. Bensenhaver, Assistant Attorney General

Open Records Decision

This matter having been presented to the Attorney General in an open records appeal, and the Attorney General being sufficiently advised, we find that the Christian County Circuit Court Clerk is not bound by the provisions of the Kentucky Open Records Act, and therefore cannot be said to have violated the provisions of the Act by failing to respond to Gary Dillard's request. We believe that 96-ORD-173, a copy of which is attached hereto and incorporated by reference, is controlling.

We note that despite the fact that the Christian Circuit Court Clerk is not bound by the Open Records Act, his office nevertheless promptly replied to Mr. Dillard's request, and furnished him with copies of all available records which satisfied his request. This comports with the view, eloquently expressed in Ex parte Farley, Ky., 570 S.W.2d 617, 625 (Ky. 78), that "whatever belongs to the courts belongs to the public . . . [and] there is very little in the Open Records Law that [the courts cannot] accept as a matter of comity."

A party aggrieved by this decision may appeal it by initiating action in the appropriate circuit court pursuant to KRS 61.880(5) and KRS 61.882. Pursuant to KRS 61.880(3), the Attorney General should be notified of any action in circuit court, but should not be named as a party in that action or in any subsequent proceeding.

LLM Summary
The decision concludes that the Christian County Circuit Court Clerk is not subject to the Kentucky Open Records Act, and therefore did not violate the Act by not responding to a request. The decision follows the precedent set by 96-ORD-173, which is cited as controlling. It also notes that the clerk's office responded promptly to the request and provided the requested records, aligning with the principle that court records generally belong to the public.
Disclaimer:
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Requested By:
Gary Dillard
Agency:
Christian Circuit Court Clerk
Type:
Open Records Decision
Lexis Citation:
1997 Ky. AG LEXIS 156
Cites:
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