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Opinion

Opinion By: James M. HerrickAssistant Attorney General

Open Records Decision

On December 9, 2021, Sara Bhogal ("Appellant") requested that the Clerk provide a "conformed certified copy" of an agreed child custody order entered by the Laurel Circuit Court. After receiving no response from the Clerk, the 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, 624 (Ky. 1978). Because the Act does not apply to court records, the 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 within 30 days from the date of this decision. 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. The Attorney General will accept notice of the complaint e-mailed to OAGAppeals@ky.gov.

Daniel Cameron

Attorney General

/s/ James M. Herrick

James M. Herrick

Assistant Attorney General

Disclaimer:
The Sunshine Law Library is not exhaustive and may contain errors from source documents or the import process. Nothing on this website should be taken as legal advice. It is always best to consult with primary sources and appropriate counsel before taking any action.
Requested By:
Sara Bhogal
Agency:
Laurel Circuit Court Clerk
Type:
Open Records Decision
Lexis Citation:
2022 KY. AG LEXIS 3
Forward Citations:
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