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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 Jefferson 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 Carter Gaffney's February 4, 2013, request for a copy of "the last two pages of [his] case history." 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:

Carter Gaffney, # 173139David L. Nicholson

LLM Summary
The Attorney General's decision finds that the Jefferson Circuit Court Clerk is not subject to the Kentucky Open Records Act, based on the controlling precedent set by 98-ORD-006. Therefore, the Clerk did not violate the Act in response to a request for specific case history documents.
Disclaimer:
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Requested By:
Carter Gaffney
Agency:
Jefferson Circuit Court Clerk
Type:
Open Records Decision
Lexis Citation:
2013 Ky. AG LEXIS 40
Cites:
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