Request By:
Lewis Davenport, # 158983
Kentucky State Reformatory
3001 W. Highway 146
LaGrange, KY 40032Othel Wayne King
McCreary Circuit Court Clerk
Courthouse, One N. Main Street
P. O. Box 40
Whitley City, KY 42653-0040
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 McCreary Circuit Court Clerk did not violate the Act in the disposition of Lewis Davenport's request relating to Case No. 01-F-00007. Although not statutorily obligated to do so under the Open Records Act, the McCreary Circuit Court Clerk advised that his office had provided Mr. Davenport with 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.