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 Fayette Circuit Court Clerk violated the Kentucky Open Records Act in failing to respond upon receipt of Milton Vanderford's request for all records concerning specified cases. 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; failure to respond otherwise constitutes a violation of KRS 61.880(1). In our view, 98-ORD-6, a copy of which is attached hereto and incorporated by reference, is controlling on the facts presented. Because circuit court clerks are not governed by the Open Records Act, the Fayette Circuit Court Clerk cannot be said to have violated the Act in failing to respond upon receipt of Mr. Vanderford's 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.
Milton Vanderford, # 163832
Wilma Fields LynchFayette Circuit Court Clerk 103 Robert F. Stephens Courthouse120 N. Limestone StreetLexington, KY 40507