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Opinion

Opinion By: Jack Conway, Attorney General; James M. Herrick, 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 Greenup Circuit Court Clerk is not bound by the provisions of the Kentucky Open Records Act, and therefore cannot be said to have violated the provisions of the Act in regard to Wayne C. Murphy's 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.

Wayne C. Murphy, # 207062Allen K. Reed, Greenup Circuit Clerk

LLM Summary
The Attorney General's decision concludes that the Greenup Circuit Court Clerk is not subject to the Kentucky Open Records Act and therefore did not violate the Act in response to Wayne C. Murphy's request. The decision follows the precedent set by 98-ORD-006, which is directly applied to support this conclusion.
Disclaimer:
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Requested By:
Wayne C. Murphy
Agency:
Greenup Circuit Court Clerk
Type:
Open Records Decision
Lexis Citation:
2009 Ky. AG LEXIS 256
Cites:
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