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 Pulaski Circuit Court Clerk violated the Kentucky Open Records Act in denying the request of Marvin Phipps for a copy of "Juvenile Records/Records/Cases/Files on B. W." In a timely written response, Clerk George Flynn advised Mr. Phipps that his office is "not allowed to give out information on a Juvenile case." As to "A. W. no records found [sic]." Because records in the custody of circuit court clerks are properly characterized as court records to which the Open Records Act does not apply, rather than "public record[s]" within the meaning of KRS 61.870(2), the Attorney General has consistently recognized that circuit court clerks are not subject to the provisions of the Open Records Act. Accordingly, the Pulaski Circuit Court Clerk did not violate the Act in denying Mr. Phipps' request for the specified juvenile records even if same exist. 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.
Marvin Phipps, # 176844-E-125-ULittle Sandy Correctional ComplexRt. # 5, Box 1000Sandy Hook, KY 41171
George FlynnPulaski Circuit Court Clerk Pulaski County CourthouseP.O. Box 664Somerset, KY 42502-0664