16-ORD-107

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 Larue 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 Abdullah Rahman White's request for a copy of "'guilty plea proceeding' on the Indictment Number 12-CR-0002." 98-ORD-6, a copy of which is attached hereto and incorporated by reference, is controlling.

A party aggrieved by this decision may appeal it 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 finds that the Larue Circuit Court Clerk is not subject to the Kentucky Open Records Act and did not violate the Act in handling Abdullah Rahman White's request for a copy of a 'guilty plea proceeding'. The decision follows the precedent set in 98-ORD-006, which is directly applied and incorporated by reference.
Disclaimer:
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Requested By:
Abdullah Rahman White
Agency:
Larue Circuit Court Clerk
Type:
Open Records Decision
Lexis Citation:
2016 Ky. AG LEXIS 58
AG Original File:
Original on AG Site
Cites:
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