Opinion
Opinion By: Jack Conway, Attorney General; Michelle D. Harrison, Assistant Attorney General
Open Records Decision
The question presented in this appeal is whether the Kentucky State Law Library violated the Kentucky Open Records Act in failing to issue a written response upon receipt of Donald Bartley's April 12, 2011, request for a copy of particular sections of the Kentucky Revised Statutes. 1 Having received no response of any kind, Mr. Bartley initiated this appeal by letter dated April 23, 2011. It is the decision of this office that the reasoning contained in 02-ORD-24 (holding that courts and judicial agencies, including Administrative Office of the Courts, are not bound by the Act except for those provisions or policies accepted as a "matter of comity") and 06-ORD-038 (specifically holding that Kentucky State Law Library is not bound by the Act) are controlling here; a copy of each decision is attached hereto and incorporated by reference. Based upon the authorities referenced in those decisions, namely KRS 26A.200, 26A.220, and Ex Parte Farley, 570 S.W.2d 617 (Ky. 1978), this office again finds that the Kentucky State Law Library is not bound by, and therefore cannot be said to have violated, the provisions of the Open Records Act. Rather, the "Kentucky State Law Library and its records are under the jurisdiction and control of the Kentucky Supreme Court of Kentucky [and] the Open Records Act does not apply to records of the courts." 06-ORD-038, p. 1.
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:
Donald Bartley, # 099394Jennifer FrazierKelly Stevens
Footnotes
Footnotes