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Request By:
[NO REQUESTBY IN ORIGINAL]

Opinion

Opinion By: Albert 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 Knox Circuit Court Clerk is not bound by the provisions of the Kentucky Open Records Act, and therefore did not violate the Act in its disposition of Leslie Lawson's request for a copy of records relating to the Commonwealth of Kentucky's criminal action against him. We believe that 98-ORD-6, a copy of which is attached hereto and incorporated by reference, is controlling. Notwithstanding this conclusion, the Knox Circuit Court Clerk furnished Mr. Lawson with the records identified in his request.

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 proceedings.

LLM Summary
The Attorney General's decision concludes that the Knox Circuit Court Clerk is not subject to the Kentucky Open Records Act in relation to Leslie Lawson's request for records concerning a criminal action against him. The decision follows the precedent set by 98-ORD-006, which is cited as controlling. Despite this, the Knox Circuit Court Clerk provided the requested records to Mr. Lawson. The decision also outlines the process for appealing this determination.
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:
Leslie Lawson
Agency:
Knox Circuit Court Clerk
Type:
Open Records Decision
Lexis Citation:
2000 Ky. AG LEXIS 161
Cites:
Forward Citations:
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