Opinion
Opinion By: Gregory D. Stumbo,Attorney General;Michelle D. Harrison,Assistant Attorney General
Open Records Decision
At issue in this appeal is whether Greenup Circuit Court Clerk Allen K. Reed violated the Kentucky Open Records Act in failing to respond in a timely fashion to Todd A. Sapp's request for "a video copy of all the proceedings" in "Case No. 99-CR-00116." Upon receiving notification of Mr. Sapp's appeal from this office, Nancy Munn responded on behalf of Mr. Reed. According to Ms. Munn, the Clerk's office has "no video records in this case" as Greenup Circuit Court did not begin recording its proceedings until July 2004.
As long recognized by the Attorney General, circuit court clerks are not subject to the provisions of the Open Records Act because records in the custody of the circuit court clerk are court records to which the Open Records Act does not apply. See 04-ORD-246; 03-ORD-175; 00-ORD-164; 95-ORD-101. Accordingly, circuit court clerks such as Mr. Reed do not violate the Act in failing to respond or responding improperly to requests submitted pursuant to the Act. In our view, 98-ORD-6, a copy of which is attached hereto and incorporated by reference, is determinative on this issue.
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.
Todd A. Sapp, # 150334Green River Correctional Complex, Dorm 4Central City, KY 42330-9300
Allen K. ReedGreenup Circuit Court ClerkCourthouse Annex101 Harrison StreetP.O. Box 676Greenup, KY 41144-0676