24-ORD-081
March 20, 2024
In re: Mark Hardin/Jefferson County Master Commissioner
Summary: The Open Records Act (“the Act”) does not apply to the
Jefferson County Master Commissioner (“the Master Commissioner”).
Open Records Decision
Mark Hardin (“Appellant”) submitted a request to inspect “[a] surplus sales
report of the 2023 sales results,” including any “surplus funds leftover from 2023
property foreclosures.” The Master Commissioner timely denied the Appellant’s
request because the Act does not apply to records maintained by the judicial branch.1
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 Master
Commissioner is an agent of the judicial branch, the Act does not apply to her
records.2 See, e.g., 02-ORD-235 (finding that a Master Commissioner did not violate
the Act in failing to respond to a request for records); 98-ORD-6 (finding the Act does
not apply to records maintained by the judicial branch of government). Accordingly,
the Office dismisses the appeal.3
1
However, the Master Commissioner notified the Appellant that her website “contains past judicial
sale results from 2011 through the latest judicial sale” and that “[t]he court files for those sales are
available for review at the Jefferson Circuit Court Clerk’s office.” The Master Commissioner also
provided that office’s location and the location of the Department of the Treasury. The Master
Commissioner further noted that, even if “the sale bid may exceed the amount of the judgement of the
party bringing the sale,” that does not mean there are surplus funds.
2
The Master Commissioner’s office is created by KRS 31A.010 and CR 53.01. The Office has
previously opined that a Master Commissioner is a representative, assistant, and officer of the court
that appoints him or her. See OAG 77-186; OAG 81-108; OAG 81-313; OAG 82-7; OAG 82-24.
3
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 recordsA party aggrieved by this decision may appeal it by initiating an action in the
appropriate circuit court under KRS 61.880(5) and KRS 61.882 within 30 days from
the date of this decision. Under 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.
Russell Coleman
Attorney General
/s/ Matthew Ray
Matthew Ray
Assistant Attorney General
#152
Distributed to:
Mark Hardin
Carole C. Schneider
is posted on the Court of Justice website at https://www.kycourts.gov/Pages/open-records-request.aspx
(last accessed Mar. 20, 2024).