Opinion
Opinion By: Jack Conway, Attorney General; Michelle D. Harrison, Assistant Attorney General
Open Records Decision
At issue in this appeal is whether the Boone Circuit Court Clerk violated the Kentucky Open Records Act in denying Isaac M. Denigan's "formal written request" to inspect unspecified public records. In our view, 98-ORD-6 and 04-ORD-037 are controlling on the facts presented; a copy of each decision is attached hereto and incorporated by reference. Because court records are not governed by the Open Records Act, but fall within the exclusive jurisdiction of the Kentucky Supreme Court, the Attorney General has consistently held that neither the courts nor judicial agencies are bound by the provisions of the Open Records Act. In accordance with Ex Parte Farley, Ky., 570 S.W.2d 617 (1978), KRS 26A.200 and KRS 26A.220, this office must conclude that Mr. Denigan is not entitled to relief under the Act. Although this office has encouraged the Administrative Office of the Courts to consider whether "the policies of openness evinced by the Open Records Act should be accepted as a matter of comity" with regard to records of the courts and judicial agencies that are of a non-deliberative nature, the decision of whether to release such documentation ultimately rests with AOC and the courts per the referenced legal authorities. 04-ORD-037, p. 6. See also 02-ORD-24.
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.Distributed to:
Isaac M. DeniganDianne Murray