10-ORD-052 | KOGC

Opinion

Opinion By: Jack Conway, Attorney General; Michelle D. Harrison, Assistant Attorney General

Open Records Decision

At issue in this appeal is whether the Boyle Circuit Court Clerk violated the Kentucky Open Records Act in failing to issue a written response upon receipt of Connie Baker's February 23, 2010, request for all documents related to Indictment No. 92-CR-00089. 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 Boyle Circuit Court Clerk cannot be said to have violated the Act relative to Mr. Baker'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." 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.

Connie Baker, # 101166Joni H. Terry

LLM Summary

The decision concludes that the Boyle Circuit Court Clerk did not violate the Kentucky Open Records Act by not issuing a written response to a request for documents related to a specific indictment. It is determined that the records in question are court records, not public records under the Open Records Act, and thus the request falls outside the scope of the Act. The decision follows precedent established in 98-ORD-006, which states that issues regarding access to court records should be resolved by the courts.

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