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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 Warren Circuit Court Clerk is not bound by the provisions of the Kentucky Open Records Act, and therefore did not violate the Act in the disposition of Michael D. Cofer'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.

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.

Michael D. Cofer, # 140423200 Road to JusticeWest Liberty, KY 41472

Pat H. GoadWarren Circuit Court ClerkJustice Center1001 Center StreetBowling Green, KY 42101

Sara DentStaff AttorneyAdministrative Office of the Courts100 Millcreek ParkFrankfort, KY 40601

LLM Summary
The Attorney General's decision concludes that the Warren Circuit Court Clerk is not subject to the Kentucky Open Records Act in relation to the request made by Michael D. Cofer for records concerning his criminal case. The decision follows the precedent set in 98-ORD-006, which is directly applied to support this conclusion.
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:
Michael D. Cofer
Agency:
Warren Circuit Court Clerk
Type:
Open Records Decision
Lexis Citation:
2001 Ky. AG LEXIS 253
Cites:
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