16-ORD-105

Opinion

Opinion By: Andy Beshear,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 Graves 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 Matthew Wallace's April 4, 2016, request for a copy of "Indictment No. 13-CR-00117 returned by the Graves County Grand Jury." 98-ORD-6, a copy of which is attached and incorporated by reference, is controlling.

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.

LLM Summary
The decision concludes that the Graves Circuit Court Clerk is not subject to the Kentucky Open Records Act, and therefore did not violate the Act when denying a request for a copy of an indictment. The decision relies on the precedent set by 98-ORD-006, which is directly applied and followed in this case.
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Requested By:
Matthew Wallace
Agency:
Graves Circuit Court Clerk
Type:
Open Records Decision
Lexis Citation:
2016 Ky. AG LEXIS 56
AG Original File:
Original on AG Site
Cites:
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