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Opinion

Opinion By: Jack Conway,Attorney General;Matt James,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 Fayette 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 Morris Alexander's request for a copy of "all documentations related to my case as well as audio/video recordings, in the case number of case no. 06-CR-01215." We believe that 98-ORD-6, a copy of which is attached hereto and incorporated by reference, is controlling. 1

A party aggrieved by this decision may appeal it by initiating an action in the appropriate circuit court pursuant to KRS 61.846(4)(a). The Attorney General should be notified of any action in circuit court, but should not be named as a party in that action or any subsequent proceedings.

Footnotes

Footnotes

1 The Fayette Circuit Court Clerk indicated that it would provide the requested documents upon payment of the costs of reproduction.

LLM Summary
The Attorney General's decision concludes that the Fayette Circuit Court Clerk is not subject to the Kentucky Open Records Act regarding Morris Alexander's request for documents and recordings related to his case. The decision follows the precedent set in 98-ORD-006, which is cited as controlling in determining the obligations of the court clerk under the act.
Disclaimer:
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Requested By:
Morris Alexander
Agency:
Fayette County Circuit Court Clerk
Type:
Open Records Decision
Lexis Citation:
2013 Ky. AG LEXIS 221
Cites:
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