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 Clay County 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 Harold Collins and John W. Collins' request for a copy of "the trial tapes 'VCR' or 'CDs' of Anthony Simmons and Robbie Dewayne Mays that was held on June 28th and 29th, 1999." 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 an action in the appropriate circuit court pursuant to KRS 61.880(5)(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.
Distributed to:
Harold Collins # 000089John W. Collins # 215329James S. Phillips