Opinion
Opinion By: Jack Conway, Attorney General; Michelle D. Harrison, Assistant Attorney General
Open Records Decision
At issue in this appeal is whether the Nelson Circuit Court Clerk violated the Kentucky Open Records Act in denying Timothy A. Eby's written request for "all records and documents pertaining to" Case No. 07-CR-0019. Because records in the custody of circuit court clerks are properly characterized as court records, to which the Open Records Act does not apply, 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 Nelson Circuit Court Clerk cannot be said to have violated the Act relative to Mr. Eby's request. In our view, 98-ORD-6, a copy of which is attached hereto and incorporated by reference, is controlling on the facts presented. "Simply stated, disputes relating to access to court records must be resolved by the court." 1 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.
Timothy A. Eby, # 112928Charles C. Simms, III
Footnotes
Footnotes
1 Upon receiving notification of Mr. Eby's appeal from this office, Circuit Court Judge Charles C. Simms, III advised this office, "[b]y way of background," that Mr. Eby "was indicted by the Nelson County Grand Jury on sodomy charges." Pursuant to the Local Rules for the 10th Judicial Circuit, the Commonwealth's Attorney's Office "was required to provide Eby with a copy of all evidence against him." Following his conviction, Mr. Eby filed a motion for "trial records in order to properly prepare RCr 11.42 post-conviction motion." By Order entered on September 10, 2008, a copy of which Judge Simms attached to his response, Judge Simms denied Mr. Eby's motion. To date, that Order has not been appealed. Because court records are not governed by the Open Records Act, consideration of any issues arising thereunder is not warranted here.
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