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 Pulaski 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 Carlos Cochran's request for "procedures, documents, etc." relating to his incarceration and upcoming trial. We believe that 98-ORD-6, a copy of which is attached hereto and incorporated by reference, is controlling. The Pulaski Circuit Court Clerk did not violate the Open Records Act in the disposition of Mr. Cochran's request, and this agency, in its role as an open records mediator under KRS 61.880(2), is not charged with investigating allegations of improprieties in Grand Jury proceedings.
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.
Carlos CochranGeorge Flynn