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 McCreary 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 the disposition of Lewis Davenport's request for a copy of trial tapes and other records related to Case No. 01-CR-0006. We believe that 98-ORD-6, a copy of which is attached hereto and incorporated by reference, is controlling.
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.
Lewis Davenport, # 158983Kentucky State Reformatory3001 West Highway 146LaGrange, KY 40032
Othel Wayne KingMcCreary Circuit Court ClerkCourthouse, One N. Main StreetP. O. Box 40Whitley City, KY 42653-0040
Gary W. Barton, ClerkWhitley Circuit CourtP. O. Box 329Williamsburg, KY 40769-0329