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Opinion

Opinion By: A. B. Chandler III,Attorney General;Ryan M. Halloran,Assistant Attorney General

Open Records Decision

This matter has been presented by Mr. Shane Dever to the Attorney General as an open records appeal. Mr. Dever requested a video tape of part of a court proceeding from the Clerk of the Nelson Circuit Court and complains he received no response. Circuit Court Clerks are not subject to the provisions of the Kentucky Open Records Act, and we therefore lack the power to make a decision in this matter. 98-ORD-6. In any event, the Clerk responded to this office and stated that the video tape was sent to Mr. Dever on June 24, 2003.

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.

Shane L. Dever # 12470Eastern KY Correctional Complex200 Road to JusticeWest Liberty, KY 41472

Diana Thompson, ClerkNelson Circuit CourtNelson County Courthouse200 Court SquareP.O. Box 845Bardstown, KY 40004-0845

LLM Summary
The decision addresses an appeal by Mr. Shane Dever regarding a request for a videotape of a court proceeding from the Nelson Circuit Court Clerk. The Attorney General's office determined that Circuit Court Clerks are not subject to the Kentucky Open Records Act, referencing 98-ORD-006 to support this position. The decision also notes that the Clerk had responded and sent the videotape to Mr. Dever.
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Requested By:
Shane Dever
Agency:
Clerk of the Nelson Circuit Court
Type:
Open Records Decision
Lexis Citation:
2003 Ky. AG LEXIS 175
Cites:
Forward Citations:
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