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Opinion

Opinion By: Jack Conway, Attorney General; Amye L. Bensenhaver, 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 the Kenton Circuit Court Clerk is not bound by the provisions of the Kentucky Open Records Act, and therefore did not violate the Act in the disposition of Brenton Wombles' request for a copy of records of civil or criminal actions against Darrell A. Cox. We believe that 98-ORD-6, a copy of which is attached hereto and incorporated by reference, is controlling.

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.

LLM Summary
The Attorney General's decision concludes that the Kenton Circuit Court Clerk is not subject to the Kentucky Open Records Act regarding Brenton Wombles' request for records concerning Darrell A. Cox. The decision follows the precedent set in 98-ORD-006, which is directly applied to support this conclusion. The decision also outlines the process for appealing this determination through the appropriate circuit court.
Disclaimer:
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Requested By:
Brenton Wombles
Agency:
Kenton Circuit Court Clerk
Type:
Open Records Decision
Lexis Citation:
2008 Ky. AG LEXIS 156
Cites:
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