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 McCreary 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 Patrick Ross's request for a copy of the complete Motion for Discovery for Indictment No. 00-CR-00075. We believe that 98-ORD-6, a copy of which is attached hereto and incorporated by reference, is controlling. Also attached is a copy of the circuit court clerk's letter to this office confirming that no discovery motion has been filed in the court record.
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.
Patrick Ross, # 156474-A-107-B95 Raywick RoadSt. Mary, KY 40063
Othel Wayne KingP.O. Box 40Whitley City, KY 42653
Sara DentStaff AttorneyAdministrative Office of the Courts100 Millcreek ParkFrankfort, KY 40601