Opinion
Opinion By: Albert B. Chandler III, Attorney General; James M. Ringo, 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 Clay Circuit Court Clerk is not bound by the provisions of the Kentucky Open Records Act, and therefore cannot be said to have violated the Act by failing to respond to Donald R. Phillips' request for a copy of the "Case History/Docket Sheet in the case of Commonwealth v. Phillips for the charge of murder." We believe that 98-ORD-6, a copy of which is attached hereto and incorporated by reference, is controlling.
In a letter to this office dated October 3, 2003, Clay Circuit Court Deputy Clerk Vanda Roberts advised that the requested records were in archives in Frankfort. She further advised that a request for the records had been made and, once received, they would be sent on to Mr. Phillips. Although not statutorily obligated to do so, the Clay Circuit Court Clerk complied, in all material respects, with Mr. Phillips' requests. If Mr. Phillips is dissatisfied with Ms. Roberts' response, he must seek redress for his grievance through the courts.
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.
Donald R. Phillips, # 149748GRCC D07AL101200 River RoadP.O. Box 9300Central City, KY 42330-9300
James S. PhillipsClay County Circuit Court Clerk3 Courthouse79 Hwy. 80Manchester, KY 40962