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 Lincoln Circuit Court Clerk violated the Kentucky Open Records Act in failing to respond upon receipt of Marvin Phipps' request for specified "records/case[] files" concerning a named juvenile. Because records in the custody of circuit court clerks are properly characterized as court records to which the Open Records Act does not apply, as opposed to "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 Lincoln Circuit Court Clerk cannot be said to have violated the Act in failing to respond, nor must she honor, Mr. Phipps' request. In our view, 98-ORD-6 and 04-ORD-051, copies of which are attached hereto and incorporated by reference, are 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
Teresa C. ReedLincoln Circuit Court ClerkCourthouse101 E. Main StreetStanford, KY 40484