Opinion
Opinion By: Gregory D. Stumbo,Attorney General;Michelle D. Harrison,Assistant Attorney General
Open Records Decision
At issue in this appeal is whether Knox Circuit Court Clerk Greg Helton violated the Kentucky Open Records Act in failing to respond upon receipt of the request submitted by Shannon Billy Riley for "a copy of the video tape [sic] recording of the preliminary hearing held in the Knox District Court on August 6th 2002." Upon receiving notification of Mr. Riley's appeal from this office, Mr. Helton responded by forwarding a copy of a similar request dated May 27, 2003, along with a signed copy of the certified mail receipt dated June 4, 2003, verifying that a copy of the responsive videotape was mailed to Mr. Riley's address of record.
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), the Attorney General has long recognized that circuit court clerks are not subject to the provisions of the Open Records Act. Consequently, the Knox Circuit Court Clerk cannot be said to have violated the Act in failing to respond upon receipt of Mr. Riley's request dated July 2, 2007, as would otherwise be required by KRS 61.880(1). In our view, 98-ORD-6 is controlling on the facts presented; a copy of that decision is attached hereto and incorporated by reference.
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.
Shannon Billy Riley, # 162277
Greg HeltonKnox Circuit Court Clerk 401 Courthouse Square, Ste. 202P.O. Box 760Barbourville, KY 40906-0760