Opinion
Opinion By: Gregory D. Stumbo, Attorney General; Michelle D. Harrison, Assistant Attorney General
Open Records Decision
At issue in this appeal is whether Scott County Circuit and District Court Clerk Karen Boehm violated the Kentucky Open Records Act by failing to respond upon receiving the request submitted by Roger L. McBeath, Jr. for a copy of his "case history file on Indictment [No.] 04-CR-00042." Upon receiving notification of Mr. McBeath's appeal from this office, a representative of Ms. Boehm's office forwarded copies of responsive records to this office via facsimile without explanation. Because records in the custody of circuit and district court clerks are court records to which the Open Records Act does not apply, the Attorney General has long recognized that such clerks are not bound by the provisions of the Act; Ms. Boehm therefore did not violate the Act in failing to respond.
In our view, 98-ORD-6, a copy of which is attached hereto and incorporated by reference, is controlling. That being said, any issues raised by this appeal became moot pursuant to 40 KAR 1:030 Section 6 upon release of the records, assuming that Mr. McBeath received copies as well. Based upon the limited evidence of record, this office is unable to determine whether Mr. McBeath has also received copies of the records forwarded to the Attorney General for review. Accordingly, this office has attached copies to ensure that Mr. McBeath has received copies of the responsive records.
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 party in that action or in any subsequent proceeding.
Roger McBeath, # 174276-D8Eastern Kentucky Correctional Complex200 Road to JusticeWest Liberty, KY 41472
Karen BoehmCircuit and District Court Clerk119 N. Hamilton StreetGeorgetown, KY 40324