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 Daviess Circuit Court Clerk violated the Kentucky Open Records Act in failing to respond upon receipt of the request submitted by Vincente' B. Helm for a copy of specified records concerning Indictment No. 95-CR-000163. Because records in the custody of circuit court clerks are properly characterized as court records, which are not governed by the Open Records Act, rather than public records 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 Daviess Circuit Court Clerk cannot be said to have violated the Act in failing to respond upon receipt of Mr. Helm'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.
Vincente' B. Helm, # 120136Eastern Kentucky Correctional Complex 2-BL-11200 Road to JusticeWest Liberty, KY 41472
Susan TierneyDaviess Circuit Court Clerk 100 East 2nd StreetOwensboro, KY 42303