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 Allen 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 Beng Johnson's request for a copy of the "signed contract of the plea agreement in case 09-CR-00056." We believe that 98-ORD-6, a copy of which his attached hereto and incorporated by reference, is controlling. 1
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:
Beng Johnson, # 236631Todd B. Calvert
Footnotes
Footnotes
1 In correspondence directed to Mr. Johnson, a copy of which was mailed to this office, the Allen Circuit Court Clerk indicated he would provide Mr. Johnson with a copy of the requested plea agreement.