Request By:
Howard R. Bryan, # 215301
Linda K. Baker, Circuit Court Clerk
Tracey L. Kelley, Deputy Clerk
Opinion
Opinion By: Jack Conway, Attorney General; Michelle D. Harrison, Assistant Attorney General
Open Records Decision
At issue in this appeal is whether the Boyd Circuit Court Clerk violated the Open Records Act in denying Howard R. Bryan's request for a copy of his "trial record" because the documents being sought are in the possession of the Clerk of the Supreme Court of Kentucky. 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 long recognized that circuit court clerks are not subject to the provisions of the Open Records Act. Consequently, the Boyd Circuit Court Clerk cannot be said to have violated the Act in the disposition of Mr. Bryan's request. To the contrary, the Clerk exceeded her duty under the Open Records Act in substantially complying with KRS 61.872(4) by advising Mr. Bryan that his file is located in the Office of the Clerk of the Supreme Court of Kentucky.
In our view, 98-ORD-6 is controlling on the facts presented; a copy of that decision is attached hereto and incorporated by reference. "Simply stated, disputes relating to access to court records must be resolved by the court." 98-ORD-6, p. 2.
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.