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 McCracken County District and Circuit Court Clerk violated the Kentucky Open Records Act in failing to respond upon receipt of Monty Turner's request for a copy of "Any and All documents pertaining to Case No. 03-F-922 and/or Indictment No. 03-CR-00477." Because records in the custody of both district and circuit 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 district nor circuit court clerks are subject to the provisions of the Open Records Act. Accordingly, the McCracken District and Circuit Court Clerk did not violate the Act in failing to respond in writing upon receipt of Mr. Turner'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. See also 05-ORD-127.
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.
Monty Kim Turner, # 184946Little Sandy Correctional ComplexRoute # 5, Box 1000Sandy Hook, KY 41171
Mike Lawrence, ClerkMcCracken District and Circuit CourtP.O. Box 1455Paducah, KY 42002-1436