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 Ohio 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 James Williams' request for a copy of "the sentencing proceedings from the original judge, Hon. Kopowski, entered August 7, 2002."
The Campbell Circuit Court Clerk indicates that on August 9, 2007, her office mailed Mr. Williams a copy of the Judgment on Guilty Plea, entered on August 7, 2002, and the Judgment and Sentence on Plea of Guilty entered on September 25, 2002. Because the circuit clerk is not bound by the provisions of the Act, she was not statutorily required to honor Mr. Williams' earlier request. We find no error in her disposition of his current request. 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.
Distributed to:
James Williams, #202522Thomas Calme