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 Warren Circuit Court Clerk violated the Kentucky Open Records Act in failing to issue a timely written response upon receipt of Donald Violett's April 20, 2014, request for "copies of records in my criminal case (92-cr-532 & 92-cr-626)," namely, "Any and all documents filed in both cases, excluding the indictments, filed between July 29, 1992 and May 25, 1993," "any and all audio recorded statements made by Eulin Carter and Johnny Watt, of the Bowling Green Police Department, on June 22, 1992," and "any and all audio recorded statements made by Michael Pearson, of the Warren County Commonwealth's [Attorney's] office, he used before the grand jury in Indictment 92-cr-626." 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 long recognized that neither district nor circuit court clerks are subject to the provisions of the Open Records Act; consequently, the Warren Circuit Court Clerk cannot be said to have violated the Act in failing to issue a written response within three business days of receiving Mr. Violett's request 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:
Donald Violett, # 114842Brandi Duvall