Opinion
Opinion By: Jack Conway, Attorney General; Amye Bensenhaver, Assistant Attorney General
Open Records Decision
The question presented in this appeal is whether the Administrative Office of the Courts violated the Kentucky Open Records Act in the disposition of Ja-Ron S. Teague's request for records relating to a small claims case in the Jefferson District Court. It is the decision of this office that the reasoning contained in 02-ORD-24 is dispositive of the question presented. A copy of 02-ORD-24 is attached hereto and incorporated by reference. Based upon the authorities referenced in this decision, namely KRS 26A.200, 26A.220, and Ex Parte Farley, 570 S.W.2d 617 (Ky. 1978), this office finds that AOC is not bound by, and therefore cannot be said to have violated, the provisions of the Open Records Act. Although this office has encouraged AOC to consider that "policies of openness evinced by the Open Records Act should . . . be accepted as a matter of comity," 04-ORD-037, p. 6, relative to "records of the courts and judicial agencies that are of a non-deliberative nature," ultimately the decision of whether to release such documentation "rests with AOC and the courts per the referenced legal authorities." 05-ORD-266, p. 1. Simply put, "disputes relating to access to court records, including records of the Administrative Office of the Courts, must be resolved by the Court." 02-ORD-24, p. 4.
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:
Ja-Ron S. TeagueMarc Theirault