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 Hopkins County Circuit Clerk is not bound by, and therefore did not violate the Open Records Act in the disposition of Yolanda Day's October 24, 2008, request for "all trial transcripts for the seven day trial, held September 6, 1989 through September 14, 1989 of Kent Allen Day in the Hopkins Circuit Court. It is the decision of this office that 98-ORD-6, a copy of which is attached hereto and incorporated by reference, is controlling. Under the rule announced in Ex parte Farley, 570 S.W.2d 617 (Ky. 1978), and codified at KRS 26A.200, all records that are made by or generated for or received by any other court, agency, or officer responsible to the Court, are the property of the Court and are subject to the Court's control. Cited in 98-ORD-6.
By letter dated November 17, 2008, Deputy Clerk Karen Summers notified Ms. Day that efforts were underway to locate the records identified in her request. Although not statutorily obligated to do so, the Circuit Clerk agreed to honor Ms. Day's request to the extent feasible. The Clerk is to be commended for her efforts.
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.