Opinion
Opinion By: Gregory D. Stumbo, Attorney General; Michelle D. Harrison, Assistant Attorney General
Open Records Decision
At issue in this appeal is whether Fulton Circuit Court Clerk Sarah Johnson violated the Kentucky Open Records Act in failing to respond within three business days to the request of Allen Kinney III for copies of the "audiotape, videotape, and transcripts of the preliminary revocation hearing held on 11-12-2004 at 9:30 a.m." 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. Johnson are not subject to the provisions of the Open Records Act.
Upon receiving notification of Mr. Kinney's appeal, Ms. Johnson nevertheless advised this office that she has not "intentionally ignored Mr. Kinney's request for his records," and will "be mailing copies of the entire record on May 31, 2005," to her credit. However, it is Ms. Johnson's understanding that "copies of videotapes may be acquired at a cost of $ 15.00 as outlined" in the Circuit Court Clerk's Manual "under Inspection of Records." With respect to the records which Ms. Johnson has presumably sent to Mr. Kinney, any related issues are now moot so this office would be precluded from rendering a decision on the merits as to those records in any event. In our view, 98-ORD-6, a copy of which is attached hereto and incorporated by reference, is controlling as to the remaining records at issue. Because Ms. Johnson is not bound by the Open Records Act, her failure to respond in a timely manner to Mr. Kinney's request does not constitute a violation.
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:
Allen Kinney III, #182301Northpoint Training CenterDorm #6P.O. Box 479Burgin, KY 40310
Sarah JohnsonFulton Circuit Court ClerkCourthouse114 E. Wellington StreetP.O. Box 198Hickman, KY 42050-0198