24-ORD-060
March 8, 2024
In re: Cynthia Sexton/Elliott Circuit Court Clerk
Summary: The Open Records Act (“the Act”) does not apply to records
of the Elliott Circuit Court Clerk (“the Clerk”).
Open Records Decision
On January 22, 2024, and January 31, 2024, Cynthia Sexton (“Appellant”)
submitted requests to the Clerk for copies of certain video recordings. Having received
no response by February 13, 2024, 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, 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 that the Supreme Court of Kentucky has adopted its own policies and procedures
for requesting copies of court records from the judicial branch. Information on requesting court records
is posted on the Court of Justice website at https://www.kycourts.gov/Pages/open-records-request.aspx
(last accessed March 8, 2024).Russell Coleman
Attorney General
/s/ James M. Herrick
James M. Herrick
Assistant Attorney General
#60
Distributed to:
Ms. Cynthia Sexton
Jason Ison, Clerk
Katie C. Comstock, Esq.