Opinion
Opinion By: A. 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 Campbell 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 Augustus Kern's October 8, 2003 requests for "the full discovery concerning case no. 02-CR-00395" and the "videotape arraignment and preliminary hearings concerning case no. 02-CR-00395." It is the decision of this office that 98-ORD-6, a copy of which is attached hereto and incorporated by reference, is controlling. Although not statutorily bound to do so, the Campbell Circuit Court Clerk has provided Mr. Kern with those records in his custody which are responsive to the request and otherwise furnished him with guidance in his efforts to obtain additional records. Accordingly, we find that Mr. Kern's appeal is meritless.
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.
Augustus Kern, # 165759Northpoint Training CenterP.O. Box 479Burgin, KY 40310
Tom CalmeCampbell Circuit Court ClerkCourthouse330 York StreetNewport, KY 41071