Opinion
Opinion By: Gregory D. Stumbo, Attorney General; James M. Ringo, Assistant Attorney General
Open Records Decision
This matter having been presented to the Attorney General in an open records appeal, and the Attorney General being sufficiently advised, we find that the Jefferson Circuit Court Clerk is not bound by the provisions of the Kentucky Open Records Act, and therefore cannot be said to have violated the Act in its actions relative to the open records requests of Willie Todd for court records relating to criminal case numbers 01CR002939, 03CR003353, and 04CR002938. We believe that 98-ORD-6, a copy of which is attached hereto and incorporated by reference, is controlling. Mr. Todd must seek redress for his grievance relative to his request for copies of court records through the courts.
This office has consistently recognized that records of the courts are not governed by the Open Records Act. In Ex Parte Farley, Ky., 570 S.W.2d 617, 624 (1978), the Kentucky Supreme Court held "that the custody and control of the records generated by the courts in the course of their work are inseparable from the judicial function itself, and are not subject to regulation." See also
York v. Commonwealth, Ky.App., 815 S.W.2d 415 (1991); KRS 26A.200 and KRS 26A.220; and 94-ORD-105.
Accordingly, we conclude the actions of the Jefferson Circuit Court Clerk relative to Mr. Todd's requests for certain criminal court records cannot be said to have violated the terms and provisions of the Open Records Act, as it is not applicable to the records of the court system.
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.
Distributed to:
Willie Todd, #189182 Dorm 2Northpoint Training CenterP. O. Box 479Burgin, KY 40310
Tony MillerJefferson County Circuit Court ClerkJefferson County Judicial Center700 West Jefferson StreetLouisville, KY 40202