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 Warren Circuit Court Clerk violated the Kentucky Open Records Act in denying the request of Randy Moore to receive a copy of all records/case files concerning him, including videotapes and audiotapes of proceedings in Warren District and Circuit Court. In a response dated August 30, 2006, Pat Howell Goad, Clerk, denied Mr. Moore's request because "the Court of Justice is not subject to the Open [Records] Law"; Ms. Goad is correct in this assertion.
Because records in the custody of circuit court clerks are 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 Warren Circuit Court Clerk did not violate the Act in denying Mr. Moore's request. 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.
Randy Moore, # 154041-H-102-ULittle Sandy Correctional ComplexRoute # 5, Box 1000Sandy Hook, KY 41171
Pat Howell GoadWarren Circuit Court Clerk1001 Center Street, Suite 102Bowling Green, KY 42101-2184