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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 Calloway 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 R. Solomon's March 29, 2011, request for a copy of records of payments, made to the clerk from May 2000 to May 2001. 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 Ray Solomon, # 135190Linda Avery

LLM Summary
The Attorney General's decision concludes that the Calloway Circuit Court Clerk is not subject to the Kentucky Open Records Act regarding a request for records of payments made to the clerk from May 2000 to May 2001. The decision follows the precedent set in 98-ORD-006, which is cited as controlling in determining the obligations of the Circuit Court Clerk under the Act.
Disclaimer:
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Requested By:
James R. Solomon
Agency:
Calloway Circuit Court Clerk
Type:
Open Records Decision
Lexis Citation:
2011 Ky. AG LEXIS 80
Cites:
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