Skip to main content

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 Jefferson Circuit Court Clerk violated the Kentucky Open Records Act in failing to issue a timely written response upon receipt of Claudman Anderson's March 30, 2015 request for a copy of the "current case history under Case No. 81-CR-674 and status report." 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; accordingly, the Jefferson Circuit Court Clerk cannot be said to have violated the Act relative to Mr. Anderson's request. 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.

Either party may appeal this decision by initiating action in the appropriate circuit court under 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.

# 185

Distributed to:

Claudman Anderson, # 083427David Nicholson

Disclaimer:
The Sunshine Law Library is not exhaustive and may contain errors from source documents or the import process. Nothing on this website should be taken as legal advice. It is always best to consult with primary sources and appropriate counsel before taking any action.
Requested By:
Claudman Anderson
Agency:
Jefferson Circuit Court Clerk
Type:
Open Records Decision
Lexis Citation:
2015 Ky. AG LEXIS 102
Cites:
Neighbors

Support Our Work

The Coalition needs your help in safeguarding Kentuckian's right to know about their government.