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 Office of the Jefferson Circuit Court Clerk ("Clerk") 1 violated the Open Records Act in failing to issue a timely written response per KRS 61.880(1) upon receipt of Michael R. DeSpain's April 3, 2019, request for one copy of "the Original Affidavit and Original Search Warrant that was signed by Honorable Mitch Perry on 9-18-2013 @ 10:30 am, and turned in to the Court Administrator[']s Office per" Louisville Metro Police Department Standard Operating Procedures 8.1.10 and 8.1.11, for 803 Flicker Road Louisville, Kentucky 40214. Mr. DeSpain also requested one copy of the Search Warrant/Affidavit and Inventory Sheet "that was returned to Honorable Mitch Perry after Warrant was executed, stamped/filed by the [C]lerk of this Court." Having received no response from District Court Administrator Julie Hayes, to whom he directed his request, Mr. DeSpain submitted a second request dated April 15, 2019, specifying that said Affidavit and Search Warrant relate to Case No. 14-CR-0501.
The Attorney General has long recognized that district and circuit court clerks are not subject to the provisions of the Open Records Act per KRS 26A.200, 26A.220, and Ex Parte Farley, 570 S.W.2d 617 (Ky. 1978). Accordingly, the Clerk cannot be said to have violated the Act from a procedural standpoint in failing to issue a written response within three business days of receipt per KRS 61.880(1), even assuming that he received Mr. DeSpain's requests. On this dispositive question, the analysis contained in 98-ORD-6, a copy of which is attached hereto and incorporated by reference, is controlling on the facts presented. "Simply stated, disputes relating to access to court records must be resolved by the court." 98-ORD-6, p. 2.
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.
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