Opinion
Opinion By: Jack Conway, Attorney General; Michelle D. Harrison, Assistant Attorney General
Open Records Decision
At issue in this appeal is whether the Garrard Circuit Court Clerk violated the Kentucky Open Records Act in failing to issue a written response within three business days of receiving Owen R. Gadd's request for specified information and records concerning the "remodeling and maint[en]ance work done on the jury room door in the hall by the restrooms outside the circuit courtroom." 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 consistently recognized that circuit court clerks are not subject to the provisions of the Open Records Act. Consequently, the Garrard Circuit Court Clerk cannot be said to have violated the Act in failing to respond upon receipt of Mr. Gadd's request 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.