06-ORD-259 | KOGC

Opinion

Opinion By: Gregory D. Stumbo,Attorney General;James M. Ringo,Assistant Attorney General

Open Records Decision

This matter having been presented to the Attorney General in an open records appeal, and the Attorney General being sufficiently advised, we find that because records in the custody of circuit court clerks are court records to which the Open Records Act does not apply, the Carter Circuit Court Clerk cannot be said to have violated the Act in its actions relative to David Paul Hensley's request for a copy of "Tape recordings or transcripts from Court Proceedings of March 9, 1999, titled "JURY TRIAL; HON. SAMUEL C. LONG." We believe that 98-ORD-6, a copy of which is attached hereto and incorporated by reference, is controlling. Mr. Hensley must seek redress for his grievance relative to his request for copies of court records through the courts.

This office has consistently recognized that records of the courts are not governed by the Open Records Act. In Ex Parte Farley, Ky., 570 S.W.2d 617, 624 (1978), the Kentucky Supreme Court held "that the custody and control of the records generated by the courts in the course of their work are inseparable from the judicial function itself, and are not subject to regulation." See also York v. Commonwealth, Ky.App., 815 S.W.2d 415 (1991); KRS 26A.200 and KRS 26A.220; and 94-ORD-105.

Accordingly, we conclude the actions of the Carter Circuit Court Clerk relative to Mr. Hensley's request for certain criminal court records did not constitute a violation of the Open Records Act, as it is not applicable to the records of the court system.

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.

Daniel Paul Hensley, # 135094, D2-BU9Eastern Kentucky Correctional Complex200 Road to JusticeWest Liberty, KY 41472

Larry Thompson, ClerkCarter Circuit CourtJustice Center100 E. Main StreetGrayson, KY 41143

LLM Summary

The decision concludes that the Carter Circuit Court Clerk did not violate the Open Records Act in response to a request for copies of court records, as these records are not subject to the Act. The decision follows precedent that court records are outside the scope of the Open Records Act, specifically citing 98-ORD-006 as controlling and referencing 94-ORD-105 to affirm the consistent stance of the office on this matter.

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