Opinion
Opinion By: Gregory D. Stumbo, Attorney General; Michelle D. Harrison, Assistant Attorney General
Open Records Decision
At issue in this appeal is whether the Casey Circuit Court Clerk violated the Kentucky Open Records Act in not responding to the request of William J. Wells to inspect the names of everyone who applied for a marriage license in Casey County between May 1, 2002, and October 5, 2004. Because the Casey Circuit Court Clerk is not bound by the provisions of the Open Records Act, it is the decision of this office that his failure to respond does not constitute a violation of the Act.
Upon receiving notification of Mr. Wells' appeal from this office, Emily H. Cowles, Staff Attorney, Administrative Office of the Courts, responded on behalf of the Casey Circuit Court Clerk. As explained by Ms. Cowles:
. . . By a letter [postmarked] October 25, 2004, Mr. Wells made [the subject] request. This request was misdirected to Mr. Craig Overstreet, the Casey County Circuit Court Clerk, when it should have been directed to the [Casey] [C]ounty [C]lerk's office. Given that the circuit clerk does not maintain marriage records, the request was hand delivered to the county clerk's office. Even though the circuit clerk expedited the matter by delivering the request to the appropriate office, on November 4, 2004, Mr. Wells presented this appeal to the Attorney General's Office because the circuit clerk failed to respond.
Nonetheless, based on the Kentucky Supreme Court's decision in Ex parte Farley, Ky., 570 S.W.2d 617 (1978), records generated by the Court of Justice are not subject to the Open Records Act. Therefore, the Casey County Circuit Court Clerk cannot be said to have violated the Act in failing to respond to the marriage license request.
In short, the position of AOC comports with a long line of decisions issued by the Attorney General. 98-ORD-6, a copy of which is attached hereto and incorporated by reference, is controlling. Although not statutorily required to do so, the Casey Circuit Court Clerk forwarded Mr. Wells' request to the public agency which maintains the records requested. Accordingly, Mr. Wells' appeal is without merit.
A party aggrieved by this decision may appeal it by initiating an 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:
William J. Wells, #1618423001 W. Highway 146LaGrange, KY 40032
Craig OverstreetCasey Circuit Court ClerkP.O. Box 147Liberty, KY 42539