Opinion
Opinion By: Gregory D. Stumbo, Attorney General; Michelle D. Harrison, Assistant Attorney General
Open Records Decision
At issue in this appeal is whether Boone Circuit Court Clerk Pat Gutzeit violated the Kentucky Open Records Act in failing to respond to the request of Johnny Penn for copies of all "convictions of crimes of violence" referenced in the order dated April 4, 2005. As long recognized by the Attorney General, records in the custody of circuit court clerks are properly characterized as court records to which the Open Records Act does not apply. See 05-ORD-092; 04-ORD-046; 03-ORD-175; 00-ORD-164; 95-ORD-101. Accordingly, circuit court clerks such as Ms. Gutzeit do not violate the Act in failing to respond upon receiving a request submitted pursuant to the Open Records Act. In our view, 98-ORD-6, 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.