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 McCracken Circuit Court Clerk violated the Kentucky Open Records Act in failing to issue a timely written response upon receipt of James Hightower's September 24, 2013, request for "one copy of victims [sic] statement to Police." Having received no response after "eleven working days," Mr. Hightower initiated this appeal by undated letter, which this office received on October 15, 2013. Because records in the custody of district and circuit court clerks are properly characterized as court records, to which the Open Records Act does not apply, the Attorney General has consistently recognized that neither district court clerks nor circuit court clerks are subject to the provisions of the Open Records Act per KRS 26A.200, 26A.220, and Ex Parte Farley, 570 S.W.2d 617 (Ky. 1978). Accordingly, the McCracken Circuit Court Clerk cannot be said to have violated the Act in failing to issue a written response within three business days of receipt as otherwise required under KRS 61.880(1). The analysis contained in 98-ORD-6, a copy of which is attached hereto and incorporated by reference, is controlling on this issue. "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:
James Hightower, # 172650Glenda Ransom