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 because records in the custody of circuit court clerks are court records to which the Open Records Act does not apply, the Allen Circuit Court Clerk did not violate the Act in the disposition of Michael Welch's request for a copy of records relating to his case numbers 97-CR-00041 and 97-CR-00069. Although not statutorily obligated to do so, the Allen Circuit Court Clerk furnished Mr. Welch with copies of requested documents in his file and advised him that certain requested records did not exist in his file. We believe that 98-ORD-6, a copy of which is attached hereto and incorporated by reference, is controlling on the facts presented.
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.