Opinion
Opinion By: Gregory D. Stumbo, 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 Jefferson 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 Michael Hickman's request for a copy of "case histories of any and all indictments, information, or complaints appearing of record against [Mr. Hickman] from 1990-1995." We believe that 98-ORD-6, a copy of which is attached hereto and incorporated by reference, is controlling. In correspondence directed to this office following commencement of Mr. Hickman's appeal, Glenn Weissrock, Supervisor of the Circuit Criminal Division, notified this office that although he had no record of Mr. Hickman's request, upon receipt of notification of the appeal, he contacted local archives, where the records were housed, to facilitate release of the records. In so doing, the clerk's office went above and beyond its duty. We find no error in that office's conduct.
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.
Michael Hickman, # 175922Kentucky State Reformatory3001 West Hwy. 146LaGrange, KY 40032
Tony MillerJefferson Circuit Court Clerk2nd Floor, Hall of Justice600 W. Jefferson StreetLouisville, KY 40202
Glenn Weissrock, SupervisorCircuit Criminal DivisionJefferson County Circuit Court Clerk's OfficeRoom 331700 W. Jefferson StreetLouisville, KY 40202