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 Jefferson Circuit Court Clerk violated the Kentucky Open Records Act in failing to respond upon receiving the requests of Andre Draper for specified records and information related to his case. Because records in the custody of circuit court clerks are court records to which the Open Records Act does not apply, the Attorney General has long recognized that circuit court clerks are not subject to the provisions of the Open Records Act. Accordingly, the Jefferson Circuit Court Clerk did not violate the Act in failing to respond upon receipt of Mr. Draper's requests. In our view, 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.
Andre Draper, # 182436Western Kentucky Correctional Complex374 New Bethel RoadFredonia, KY 42411
Tony MillerJefferson Circuit Court ClerkHall of Justice, 2nd Floor600 W. Jefferson StreetLouisville, KY 40202