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Opinion

Opinion By: Jack Conway, Attorney General; James M. Herrick, 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 Clerk of the Court of Appeals is not bound by the provisions of the Kentucky Open Records Act, and therefore did not violate the Act in its disposition of Taquan Neblett's request for court records. 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.

Enclosure

Distributed to:

Taquan Neblett, # 119028Samuel Givens, Jr., Clerk

LLM Summary
The Attorney General's decision concludes that the Clerk of the Court of Appeals is not subject to the Kentucky Open Records Act, and therefore did not violate the Act in handling a request for court records. The decision follows the precedent set in 98-ORD-006, which is cited as controlling in this matter.
Disclaimer:
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Requested By:
Taquan Neblett
Agency:
Clerk of the Court of Appeals
Type:
Open Records Decision
Lexis Citation:
2012 Ky. AG LEXIS 213
Cites:
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