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Request By:
Connie Moore Davis
Jack H. Horn

Opinion

Opinion By: Jack Conway, Attorney General; James M. Ringo, 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 Martin Circuit Court Clerk is not bound by the provisions of the Kentucky Open Records Act, and therefore cannot be said to have violated the Act in its actions relative to the open records request of Connie Moore Davis for copies of divorce tapes and documents. We believe that 98-ORD-6, a copy of which is attached hereto and incorporated by reference, is controlling. Ms. Davis must seek redress for any grievance relative to her request for copies of court records through the courts.

This office has consistently recognized that records of the courts are not governed by the Open Records Act. In Ex Parte Farley, 570 S.W.2d 617, 624 (Ky. 1978), the Kentucky Supreme Court held "that the custody and control of the records generated by the courts in the course of their work are inseparable from the judicial function itself, and are not subject to regulation." See also

York v. Commonwealth, 815 S.W.2d 415 (Ky. App. 1991); KRS 26A.200 and KRS 26A.220; and 94-ORD-105.

Accordingly, we conclude that the actions of the Martin Circuit Court Clerk relative to Ms. Davis' request cannot be said to have violated the terms and provisions of the Open Records Act, as it is not applicable to the records of the court system.

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 decision concludes that the Martin Circuit Court Clerk is not subject to the Kentucky Open Records Act in relation to a request for copies of divorce tapes and documents. It follows the precedent set by 98-ORD-006 and cites 94-ORD-105 to emphasize the consistent stance that court records are outside the scope of the Open Records Act. The decision advises that any grievances should be pursued through the courts rather than under the Open Records Act.
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:
Connie Moore Davis
Agency:
Martin Circuit Court Clerk
Type:
Open Records Decision
Lexis Citation:
2008 Ky. AG LEXIS 132
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