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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

Disclaimer:
The Sunshine Law Library is not exhaustive and may contain errors from source documents or the import process. Nothing on this website should be taken as legal advice. It is always best to consult with primary sources and appropriate counsel before taking any action.
Requested By:
Leonard Martin
Agency:
Floyd Circuit Court Clerk
Type:
Open Records Decision
Lexis Citation:
2007 Ky. AG LEXIS 217
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