18-ORD-210

Opinion

Opinion By: Andy Beshear,Attorney General;James M. Herrick,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 Laurel Circuit Court Clerk is not bound by the provisions of the Kentucky Open Records Act, and therefore cannot be said to have violated the provisions of the Act by failing to respond to Michael Ford's request for a copy of an "Amended Notice of Election to Proceed with Capital Punishment" relating to him. We believe that 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 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.

LLM Summary
The decision finds that the Laurel Circuit Court Clerk is not subject to the Kentucky Open Records Act and therefore did not violate the Act by not responding to a request for a copy of an 'Amended Notice of Election to Proceed with Capital Punishment'. The decision follows the precedent set in 98-ORD-006.
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Requested By:
Michael Ford
Agency:
Laurel Circuit Court Clerk
Type:
Open Records Decision
Lexis Citation:
2018 Ky. AG LEXIS 236
AG Original File:
Original on AG Site
Cites:
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