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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 Ohio 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 Daniel L. Hurt's June 26 and July 11, 2011, requests for copies of the final judgments in a series of criminal actions identified by case numbers. 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:

Daniel L. HurtGaynell Allen

LLM Summary
The Attorney General's decision concludes that the Ohio Circuit Court Clerk is not subject to the Kentucky Open Records Act regarding the requests made by Daniel L. Hurt for copies of final judgments in certain criminal cases. The decision follows the precedent set by 98-ORD-006, which is deemed controlling in this matter.
Disclaimer:
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Requested By:
Daniel L. Hurt
Agency:
Ohio Circuit Court Clerk
Type:
Open Records Decision
Lexis Citation:
2011 Ky. AG LEXIS 136
Cites:
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