Opinion
Opinion By: Daniel Cameron, Attorney General; Marc Manley, Assistant Attorney General
Open Records Decision
Inmate Lewis Davenport (the "Appellant") submitted a request to the Administrative Office of the Courts to obtain a copy of his criminal history record. After receiving no response from the Administrative Office of the Courts, Appellant submitted this appeal.
The Kentucky Supreme Court has held that the Act does not apply to the judicial branch, because "the custody and control of the records generated by the courts in the course of their work are inseparable from the judicial function itself, and are not subject to statutory regulation." Ex Parte Farley , 570 S.W.2d 617, 624 (Ky. 1978). This Office has routinely found that Act does not apply to the Administrative Office of the Courts. See, e.g. , 17-ORD-027; 16-ORD-032; 02-ORD-24. Therefore, because the Administrative Office of the Courts is not subject to the Act, there is no basis for this Office to find that it violated the Act. 1
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 proceedings.
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