Opinion
Opinion By: Gregory D. Stumbo, Attorney General; Michelle D. Harrison, Assistant Attorney General
Open Records Decision
At issue in this appeal is whether the Casey District Court Clerk violated the Kentucky Open Records Act in failing to respond upon receipt of Jerry L. Ramsey's request for a "copy of the [audiotape] of the Guilty Plea proceeding held on 11-14-02, pursuant to case no. 02-T-00879." Because records in the custody of both circuit and district court clerks are properly characterized as court records to which the Open Records Act does not apply, the Attorney General has consistently recognized that neither circuit nor district court clerks are subject to the provisions of the Open Records Act. Accordingly, the Casey District Court Clerk did not violate the Act in failing to respond in writing upon receipt of Mr. Ramsey's request as otherwise required by KRS 61.880(1).
In our view, 98-ORD-6 and 04-ORD-219, copies of which are attached hereto and incorporated by reference, are controlling on the facts presented. If the Clerk has already received payment for the requested audiotape, as Mr. Ramsey alleges on appeal, the Clerk should immediately return the payment to Mr. Ramsey unless he intends to honor the request; factual issues, as opposed to legal issues, cannot be conclusively resolved in the context of an Open Records appeal.
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:
Jerry L. Ramsey, #185711Little Sandy Correctional ComplexRoute 5P.O. Box 1000Sandy Hook, KY 41171
Craig L. OverstreetCasey District Court Clerk1st Floor, Judicial Center231 Courthouse SquareP.O. Box 147Liberty, KY 42539-0147