13-ORD-092 | KOGC

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 Adair Circuit Court Clerk is not bound by the provisions of the Kentucky Open Records Act, and therefore cannot be said to have violated the Act by failing to respond to Michael Pike's request for a copy of a presentence investigation. 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:

Michael Pike, # 137343Denis Loy, Clerk

LLM Summary

The Attorney General's decision concludes that the Adair Circuit Court Clerk is not subject to the Kentucky Open Records Act and therefore did not violate the Act by not responding to a request for a copy of a presentence investigation. The decision follows the precedent set by 98-ORD-006, which is directly applied and incorporated by reference in the current decision.

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