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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 Floyd Circuit and District 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 Danny R. Harris' request for a copy of records relating to "bonds set by the Floyd District and Circuit Courts on any and all charges which have been filed against . . ." Mr. Harris. 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.

Danny R. Harris, # 158512Bell County Forestry CampRoute 2, Box 75Pineville, KY 40977

Douglas Ray Hall, ClerkFloyd Circuit CourtJustice Center127 South Lake DriveP.O. Box 3368Prestonsburg, KY 41653

LLM Summary
The Attorney General's decision concludes that the Floyd Circuit and District Court Clerk is not subject to the Kentucky Open Records Act regarding Danny R. Harris' request for records on bonds set by the courts. The decision follows the precedent set in 98-ORD-006, which is directly applied to support this conclusion.
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Requested By:
Danny R. Harris
Agency:
Floyd Circuit and District Court Clerk
Type:
Open Records Decision
Lexis Citation:
2003 Ky. AG LEXIS 220
Cites:
Forward Citations:
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