Opinion
Opinion By: Andy Beshear,Attorney General;Amye B. Bensenhaver,Assistant Attorney General
Open Records Decision
The question presented in this appeal is whether the Administrative Office of the Courts violated the Kentucky Open Records Act in the handling of Leo Spurling's request for a copy of the "request for records relative to [him]" submitted by the Office of the Governor in 2015. It is the decision of this office that 02-ORD-24 is dispositive of the question presented. A copy of 02-ORD-24 is attached hereto and incorporated by reference. Based on the authorities referenced in 02-ORD-24, namely KRS 26A.200, 26A.220, and Ex Parte Farley, 570 S.W.2d 617 (Ky. 1978), this office finds that AOC is not bound by, and therefore cannot be said to have violated, the provisions of the Open Records Act. Ultimately, the decision whether to release its records "rests with AOC and the courts per the referenced legal authorities." 05-ORD-266, p. 1. "Disputes relating to access to records of the courts and judicial agencies, including records of the Administrative Office of the ourts, must be resolved by the Court." 02-ORD-24, p. 4; see also 11-ORD-99 (adopting 02-ORD-24).
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.