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 Fayette 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 Antonio D. Adams's request for a copy of records relating to the civil action arising out of the death of DeJuan Adams. We believe that 98-ORD-6, a copy of which is attached hereto and incorporated by reference, is controlling, and that the reasoning of that decision applies with equal force to records generated by and for the courts in civil actions.
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.
Antonio D. Adams # 126334Northpoint Training CenterP.O. Box 479, Dorm 1Burgin, KY 40310
Wilma Fields Lynch, ClerkFayette Circuit Court103 Robert F. Stephens Courthouse120 North Limestone StreetLexington, KY 40507