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 Warren Circuit Court Clerk violated the Open Records Act in failing to respond upon receipt of the request submitted by Tramon Weatherford for one copy "of the Grand Jury recordings or the transcripts under [Indictment Numbers 05-CR-002215 and 06-CR-502]." 1 Because records in the custody of circuit court clerks are 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, a copy of which is attached hereto and incorporated by reference, is controlling on the issue 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.
Tramon Weatherford
Pat Howell GoadWarren Circuit Court Clerk Justice Center1001 Center StreetBowling Green, KY 42101
Footnotes
Footnotes
1 Although Mr. Weatherford also included a copy of an envelope in which the Commonwealth's Attorney returned his money order and request form, with no explanation as to why he was denied access, this office is perplexed as to why Mr. Weatherford directed a request for the Warren Circuit Court Clerk to the Commonwealth's Attorney. However, as a public agency, the Office of the Commonwealth's Attorney should have responded within three business days to Mr. Weatherford, in writing, as required by KRS 61.880(1), if only to notify him that it did not have custody or control of the records and furnish him with the name and location of the official custodian in compliance with KRS 61.872(4). That being said, "records or information compiled and maintained by . . . Commonwealth's attorneys pertaining to criminal investigations or criminal litigation" are permanently exempt by virtue of KRS 61.878(1)(h). On this issue, 00-ORD-116, a copy of which is attached hereto and incorporated by reference, is determinative.