23-ORD-097
April 26, 2023
In re: Beth Maze/Judicial Conduct Commission
Summary: The Open Records Act (“the Act”) does not apply to records
of the Judicial Conduct Commission (the “Commission”).
Open Records Decision
Beth Maze (“Appellant”) requested from the Commission a copy of a letter it
received from a specific individual between November 1, 2017, and October 28, 2019.
The Commission denied the request on the grounds that it is not subject to the Act.
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 does not govern access to
documents possessed by the judicial branch. Ex parte Farley, 570 S.W.2d 617, 624
(Ky. 1978). The Appellant claims the Commission should be required to produce the
letter because the letter “was not ‘generated’ by the” Commission. However,
“KRS 26A.200 provides that all records which are made by or generated for or
received by any other court, agency, or officer responsible to the court, are the
property of the Court and are subject to the control of the Supreme Court.” Farley,
570 S.W.2d at 625 (emphasis added). Thus, regardless of whether the requested letter
was generated by or received by the Commission, it is a record of a judicial agency
and therefore is not subject to the Act. Because the Act does not apply to records of
judicial agencies, the Commission was not required to honor the Appellant’s request.
See 98-ORD-6. 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 thataction or in any subsequent proceedings. The Attorney General will accept notice of
the complaint emailed to OAGAppeals@ky.gov.
Daniel Cameron
Attorney General
s/ Zachary M. Zimmerer
Zachary M. Zimmerer
Assistant Attorney General
#141
Distributed to:
Beth Maze
Thomas Clay
Jimmy Shaffer
Jeffrey C. Mando
J. Rachel Noyes
Olivia F. Amlung