Opinion
Opinion By: Daniel Cameron, Attorney General; James M. Herrick, Assistant Attorney General
Open Records Decision
On April 7, 2022, Chad Heath ("Appellant") requested that AOC provide a copy of a "statement/filing showing that [a circuit judge] has completed and registered with the U.S. Department of Justice pursuant to the FARA (Foreign Agents Registration Act) Act [ sic ] of 1938." 1After receiving no response, 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, AOC, 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.
Footnotes
Footnotes
1 As this Office has previously noted, the Foreign Agents Registration Act, 22 U.S.C. § 611 et seq. , applies only to entities in the United States that are operating on behalf of a foreign government, or foreign individuals, for political or financial purposes. See 22-ORD-058 n.2. There is no evidence that the circuit judge is engaged in any activity on behalf of foreign actors, and consequently no reason AOC would have the record requested by the Appellant.