04-ORD-221 | KOGC

Opinion

Opinion By: Gregory D. Stumbo, 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 Warren Circuit Court Clerk is not bound by the provisions of the Kentucky Open Records Act, and therefore the Clerk's response advising Jimmy L. Miller of that fact cannot be said to have violated the provisions of the Act. We believe that 96-ORD-173, 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.

Distributed to:

Jimmy L. Miller, #84221Eastern Kentucky Correctional Complex200 Road to JusticeWest Liberty, KY 41472

Pat GoadWarren Circuit Court Clerk201 Justice CenterBowling Green, KY 42101

LLM Summary

The Attorney General's decision concludes that the Warren Circuit Court Clerk is not subject to the Kentucky Open Records Act. It follows the precedent set by 96-ORD-173, which is directly cited as controlling in determining that the Clerk's response to Jimmy L. Miller, indicating that the Clerk is not bound by the Act, did not violate the Act's provisions.

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