07-ORD-051 | 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 Adair Circuit Court Clerk did not violate the Act in the disposition of Samuel Edwards' request for information and a copy of subpoenas signed by the Clerk. Although not statutorily obligated to do so under the Open Records Act, the Adair Circuit Court Clerk furnished Mr. Edwards with copies of records responsive to his request. We believe that 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.

LLM Summary

The Attorney General's decision determined that the Adair Circuit Court Clerk did not violate the Open Records Act when handling a request for copies of subpoenas, as the records in question are court records and thus not subject to the Act. The decision follows the precedent set by 98-ORD-006, which is directly applicable to the facts of this case.

Support Our Work