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 Henderson 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 Christina Damrath's December 16, 2014, request for a copy of the final sentencing in Case No. 14-CR-00260. We believe that 98-ORD-6, a copy of which is attached hereto and incorporated by reference, is controlling. Although she was not statutorily obligated to do so, the Henderson Circuit Court Clerk provided Ms. Damrath with the requested documents, and an accompanying explanation, at no cost to Ms. Damrath. We appreciate the Clerk's efforts.
Either party may appeal this decision 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.