23-ORD-263
October 3, 2023
In re: Allen Wiley/Jefferson Circuit Court Clerk
Summary: The Open Records Act (“the Act”) does not apply to records
of the Jefferson Circuit Court Clerk (“the Clerk”).
Open Records Decision
On August 21, 2023, Allen Wiley (“Appellant”) submitted a request to the Clerk
for copies of records related to jury selection in his 2008 criminal case. After receiving
no response, the Appellant initiated this appeal on September 1, 2023.
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
records, was not required to respond to the request. See 98-ORD-6. Accordingly, the
Office dismisses the appeal.1
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.
1
The Office notes the Supreme Court of Kentucky has adopted its own policies and procedures for
requesting copies of court records from the judicial branch. See Administrative Procedures of the Court
of Justice, Part XVII, Open Records Policy of the Administrative Office of the Courts, available at
https://kycourts.gov/Courts/Supreme-Court/Supreme%20Court%20Orders/2017… (last accessed
October 3, 2023).Daniel Cameron
Attorney General
s/ James M. Herrick
James M. Herrick
Assistant Attorney General
#391
Distributed to:
Allen Wiley III, #231525
David L. Nicholson, Clerk
Katie C. Comstock, Esq.