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Opinion

Opinion By: Daniel Cameron, Attorney General; James M. Herrick, Assistant Attorney General

Open Records Decision

On January 19, 2022, Chad Heath ("Appellant") requested that AOC provide a copy of the "public official bonds" for two judges of the Hardin District Court. AOC responded by asserting that it was not the custodian of the requested records. This appeal followed.

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, AOC, which is an agency of the Kentucky Court of Justice, 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.

LLM Summary
The decision dismisses the appeal by Chad Heath regarding his request for the 'public official bonds' for two judges of the Hardin District Court. The Administrative Office of the Courts (AOC) responded that it was not the custodian of the requested records. The Attorney General's Office upheld AOC's response, citing that the judicial branch is not subject to the Open Records Act, referencing 98-ORD-006 to support this position.
Disclaimer:
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Requested By:
Chad Heath
Agency:
Administrative Office of the Courts
Type:
Open Records Decision
Lexis Citation:
2022 KY. AG LEXIS 31
Cites:
Forward Citations:
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