23-ORD-226
August 25, 2023
In re: Alan Williams/Boyd Circuit Court Clerk
Summary: The Open Records Act (“the Act”) does not apply to records
of the Boyd Circuit Court Clerk (“the Clerk”).
Open Records Decision
On June 3, 2023, Alan Williams (“Appellant”) submitted a request to the Clerk
for a copy of a document he claimed to have filed with the Boyd Circuit Court in 2003.
In response, the Clerk stated the requested document was not contained in the file
identified by the Appellant. 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, the Clerk, who is purportedly the custodian of the requested
record, was not required to respond to the request. See 98-ORD-6. Accordingly, the
Office dismisses the appeal.
A party aggrieved by this decision may appeal it by initiating an 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 emailed to OAGAppeals@ky.gov.Daniel Cameron
Attorney General
s/ James M. Herrick
James M. Herrick
Assistant Attorney General
#336
Enclosure
Distributed to:
Alan Scott Williams, #029415
Tracey L. Kelley, Clerk