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 Grant Circuit Court Clerk violated the Kentucky Open Records Act in failing to issue a timely written response upon receipt of Howard J. Royalty's February 9, 2012, request for "one (1) [c]opy of the case history to case [no.] 10-F-00101 and all other documents on this case that may be in your possession." Because records in the custody of circuit and district 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 neither circuit nor district court clerks are subject to the provisions of the Open Records Act. Consequently, the Grant Circuit Court Clerk cannot be said to have violated the Act in failing to respond upon receipt of Mr. Royalty's request as would otherwise be required by KRS 61.880(1). The analysis contained in 98-ORD-6, a copy of which is attached hereto and incorporated by reference, is controlling on the sole question 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.
Distributed to:
Howard J. Royalty, # 239857Shirley C. Wilson