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 Russell Circuit Court Clerk violated the Kentucky Open Records Act in failing to issue a timely written response upon receipt of Jonas Snow's March 26, 2012, written request for "a copy of or the original recordings of the proceedings in Russell Circuit Court on case 04-CR-00026 and case 07-CR-0124." Because records in the custody of district and circuit court clerks are properly characterized as court records, to which the Open Records Act does not apply, rather than public records within the meaning of KRS 61.870(2), the Attorney General has long recognized that district and circuit court clerks are not subject to the provisions of the Open Records Act; consequently, the Russell Circuit Court Clerk cannot be said to have violated the Act in failing to respond upon receipt of Mr. Snow's request as otherwise required under KRS 61.880(1). On this issue, the analysis contained in 98-ORD-6, a copy of which is attached hereto and incorporated by reference, is controlling. "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:
Jonas Snow, # 243650Tony D. Kerr