Opinion
Opinion By: Andy Beshear,Attorney General;Michelle D. Harrison,Assistant Attorney General
Open Records Decision
The question presented in this appeal is whether the Jefferson County Circuit Court Clerk violated the Open Records Act in failing to issue a timely written response upon receipt of Gerald McKinney's November 8, 2017, request for a "copy of the Case History -- Docket Sheet for case number []98-CR-3073, Commonwealth v. Gerald McKinney; AND a copy of the case history - docket sheet for case number []97-CR-1927 Commonwealth v. Gerald McKinney." (Original emphasis.) Having received no response, Mr. McKinney initiated this appeal by letter dated November 21, 2017. Mr. McKinney implicitly relied upon KRS 197.025(7) in support of his position that the Circuit Court Clerk violated the Act in failing to issue a written response to his request within five working days of when the Circuit Court Clerk received it. 1
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 Jefferson County Circuit Court Clerk relative to Mr. McKinney's request November 8, 2017, 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 shall be notified of any action in circuit court, but shall not be named as a party in that action or in any subsequent proceeding.
Footnotes
Footnotes
1 Inasmuch as KRS 197.025(7) applies only to agencies within the jurisdiction of the Department of Corrections, the applicable statutory timeframe is three working days per KRS 61.880(1).