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 Jefferson Circuit Court Clerk violated the Kentucky Open Records Act in the disposition of Sharon Hall's request(s) for the "complete discovery file, and copies for all motions filed for Case No. 89-CR-0396." Because records in the custody of 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 circuit court clerks are not subject to the provisions of the Open Records Act; consequently, the Jefferson Circuit Court Clerk cannot be said to have violated the Act relative to Ms. Hall's request(s). The analysis contained in 98-ORD-6, a copy of which is attached hereto and incorporated by reference, is controlling on the facts 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:
Sharon Hall, # 4251David Nicholson