20-ORD-167 | KOGC

Opinion

Opinion By: Daniel Cameron,Attorney General;Michelle D. Harrison,Assistant Attorney General

Open Records Decision

Mary A. Delaney ("Appellant") submitted a request to the Court asking for a copy of the "case file and any additional documents relating thereto" for a specified case. Having received no response, Appellant initiated this appeal.

Although KRS 61.880(2) charges the Attorney General with the duty to resolve disputes regarding access to public records, the Act is not binding on the judicial branch. Ex parte Farley , 570 S.W.2d 617 (Ky. 1978). Because the Act does not apply to court records, the Jefferson County Circuit Clerk, who is the custodian of the requested court records, was not required to respond to the request. See 98-ORD-6 (copy attached). Accordingly, this Office dismisses the appeal.

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 dismisses an appeal regarding a request for court records, stating that the Open Records Act does not apply to the judicial branch, specifically to court records. The Jefferson County Circuit Clerk, as the custodian of the requested records, was not obligated to respond to the open records request. The decision cites 98-ORD-006 to affirm that judicial records are exempt from the Open Records Act requirements.

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