Request By:
Luvell West, # 177391
Western Kentucky Correctional Complex
374 New Bethel Road
Fredonia, KY 42411Mike Lawrence
McCracken Circuit Court Clerk
P.O. Box 1455
Paducah, KY 42002-1455
Opinion
Opinion By: Gregory D. Stumbo, Attorney General; Michelle D. Harrison, Assistant Attorney General
Open Records Decision
At issue in this appeal is whether McCracken Circuit Court Clerk Mike Lawrence subverted the intent of the Kentucky Open Records Act, short of denying inspection, by charging Luvell West an excessive fee for copies of the records in his case file. 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 Mr. Lawrence are not subject to the provisions of the Open Records Act. In response to Mr. West's request, a "B. Ransom," Custodian of Records, provided Mr. West with a copy of his "case history," advising him to "mark the items" wanted and return it, at which point the Clerk will notify him of the total cost at twenty-five cents per page, which must be received in advance. With the exception of the fee imposed, the Clerk appears to have complied with the Open Records Act despite not being subject to its provisions.
On the issue presented, 98-ORD-6, a copy of which is attached hereto and incorporated by reference, is controlling; Mr. West's indigent status does not alter the analysis. Because the McCracken Circuit Court Clerk is not bound by the Open Records Act, his actions do not constitute a violation, although ten cents per page is otherwise considered a "reasonable" charge for copies. See 99-ORD-40. To his credit, the Clerk has agreed to provide Mr. West with copies of the requested records upon receipt of payment.
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.