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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 McCracken 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 James C. Potter's request for policies relating to incoming mail and payments received for appeals. 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:

James C. Potter, II, #237268Glenda Ransom

LLM Summary
The Attorney General's decision concludes that the McCracken Circuit Court Clerk is not subject to the Kentucky Open Records Act regarding the specific request for policies on handling incoming mail and payments for appeals, following the precedent set in 98-ORD-006.
Disclaimer:
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Requested By:
James C. Potter, II
Agency:
McCracken Circuit Court Clerk
Type:
Open Records Decision
Lexis Citation:
2013 Ky. AG LEXIS 161
Cites:
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