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Request By:
[NO REQUESTBY IN ORIGINAL]

Opinion

Opinion By: ALBERT B. CHANDLER, ATTORNEY GENERAL; JAMES M. RINGO, 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 Marion 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 in failing to provide documents pursuant to Michael W. Stricker's request. We believe that 97-ORD-138, a copy of which is attached hereto and incorporated by reference, is controlling.

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 Marion Circuit Court Clerk is not subject to the Kentucky Open Records Act, and therefore did not violate the Act by failing to provide documents requested by Michael W. Stricker. The decision relies on the precedent set by 97-ORD-138, which is cited as controlling, to support its conclusion.
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Requested By:
Michael W. Stricker
Agency:
Marion Circuit Court Clerk
Type:
Open Records Decision
Lexis Citation:
1997 Ky. AG LEXIS 303
Cites:
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