Skip to main content

Opinion

Opinion By: Jack Conway, Attorney General; Michelle D. Harrison, Assistant Attorney General

Open Records Decision

James Wellman initiated this appeal by letter dated June 22, 2015, challenging the failure of the Campbell Circuit Court Clerk to issue a timely written response upon receipt of his May 14, 2015, request for a copy of "my Judgment and [Sentence] on indictment # 12-CR-00498 and my [PSI] and a [c]ase history sheet on this same indictment # 12-CR-00498." Because records in the custody of 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 circuit court clerks are not subject to the provisions of the Open Records Act; consequently, the inaction of the Campbell Circuit Court Clerk relative to Mr. Willman's request did not violate the Act. 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 per 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.

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:
James Willman
Agency:
Campbell Circuit Court Clerk
Type:
Open Records Decision
Lexis Citation:
2015 Ky. AG LEXIS 121
Cites:
Neighbors

Support Our Work

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