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 Clerk of the Kentucky Court of Appeals violated the Kentucky Open Records Act in failing to respond upon receipt of Wade McNabb's request for "Documents filed in Court and listed on Case History of Commonwealth v. McNabb, Wade A., # 03-CR-00003, dated, labeled and bearing [the listed notations]." In our view, 02-ORD-24 and 04-ORD-037 are controlling on the facts presented; a copy of each decision is attached hereto and incorporated by reference. Because court records are not governed by the Open Records Act, but fall within the exclusive jurisdiction of the Kentucky Supreme Court, the Attorney General has consistently held that neither the courts nor judicial agencies are bound by the provisions of the Open Records Act. In accordance with Ex Parte Farley, Ky., 570 S.W.2d 617 (1978), KRS 26A.200 and KRS 26A.220, this office must conclude that Mr. McNabb is not entitled to relief under the Act; the Clerk was not statutorily obligated to honor his request.
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.
Wade McNabb, # 186567
Samuel Givens, Jr., ClerkKentucky Court of Appeals360 Democrat DriveFrankfort, KY 40601