Request By:
Richard McBee, # 65021
Taunya Nolan Jack, Clerk
Opinion
Opinion By: Andy Beshear,Attorney General;Taylor Payne,Assistant Attorney General
Open Records Decision
The question presented in this appeal is whether the Campbell County Circuit Court Clerk violated the Open Records Act by failing to respond to Richard McBee's September 5, 2017, request for records related to the jury pool for his upcoming criminal trial. We find that the Clerk is not bound by the provisions of the Open Records Act, and therefore cannot find that the Clerk violated the Act by failing to respond to McBee's request. The prior decision, 98-ORD-6, a copy of which is attached hereto and incorporated by reference, is controlling.
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 must be notified of any action in circuit court, but must not be named as a party in that action or in any subsequent proceeding.