07-ORD-171 | KOGC

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 Floyd Circuit Court Clerk violated the Kentucky Open Records Act in denying the request of Leonard Martin for a "written report and the (total copies) [sic] of how you can justify the cost of $ 5000.00 for (3) days of trial transcripts my sister paid for in a (2) year period on case no. 03-CR-00110." In a timely written response, Sandra Johnson, Chief Deputy, advised Mr. Martin that her office "is only the keeper of records" and therefore cannot provide the information requested. By letter dated July 15, 2007, Mr. Martin initiated this appeal. 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 Floyd Circuit Court Clerk cannot be said to have violated the Act in the disposition of Mr. Martin's request. In our view, 98-ORD-6 and 04-ORD-051 are controlling on the facts presented; a copy of each 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. Leonard Martin, # 174107

Douglas R. HallFloyd Circuit Court Clerk Justice Center127 S. Lake DrivePrestonsburg, KY 41653

LLM Summary

The decision addresses an appeal by Leonard Martin regarding the denial of his request for a written report and justification of costs for trial transcripts by the Floyd Circuit Court Clerk. The decision concludes that the Floyd Circuit Court Clerk did not violate the Kentucky Open Records Act because the records in question are court records, not public records, and thus not subject to the Act. The decision follows the precedents set in 98-ORD-006 and 04-ORD-051, which classify records held by circuit court clerks as court records exempt from the Open Records Act.

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