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 Whitley Circuit Court Clerk violated the Kentucky Open Records Act in failing to respond initially or in denying the request of Joseph Crabtree to inspect "Any and all video or transcribed court appearances on Indictment No. 02-CR-00090." Upon receiving notification of Mr. Crabtree's appeal from this office, Brenda J. Stewart, Stenographer, responded on behalf of the "Court of Justice, Whitley/McCreary," advising Mr. Crabtree that "no court appearances were reduced to writing" because he "entered a guilty plea" and was "sentenced in accordance with that guilty plea, no appeal having been filed[.]" Although "no video records" were generated in Mr. Crabtree's case, a written record can be prepared, but he "must first designate the date or dates of the court appearances" ; there is a charge "of $ 2.00 for each page transcribed. " 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), this office has consistently recognized that circuit court clerks are not required to comply with provisions of the Open Records Act. In our view, 98-ORD-6 and 04-ORD-219, copies of which are attached hereto and incorporated by reference, are controlling.
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.