Court Meetings
The Kentucky courts, and agencies of the court, are not subject to the Open Meetings Act. The definition of "public agency" in the Open Meetings Act, found at KRS 61.805(2), does not include the courts and agencies of the courts. Agencies of the court include the offices of court clerks, the Administrative Office of the Courts, and the Kentucky Bar Association. Although proceedings and records are often open to public access, the courts establish the rules governing access and a violation of those rules is not appealable through the Open Meetings or Records Acts.
Court Records
The courts, and agencies of the courts, are defined as "public agencies" under the Open Records Act at KRS 61.870(1)(e), but they are excluded from the Act by a Kentucky Supreme Court opinion issued in 1978.
In Ex Parte Farley, the Supreme Court found that applying the Open Records Act to judicial records would infringe upon the separation of powers. The Court reserved control of records of the courts and judicial agencies exclusively to the courts. Despite the Open Records Act's definition of "public agencies" that includes courts, Farley established that courts are excluded from the law's application, a position that remains in place today.
Categories of Court Records
The Kentucky court system divides records into two major categories: case records and administrative records. While the court has enacted its own open records policy similar to the Open Records Act, it applies only to administrative records related to the operation of the court system and not to any court cases. Violation of the court's open records policy cannot be appealed through the Open Records Act appeals process.
Case Records
From the Court website's definition: "Court case records are documents and materials associated with cases handled in the trial courts (District Court and Circuit Court), and the appellate courts (the Court of Appeals and Supreme Court)."
Case records cannot be obtained from a court or a court clerk through an open records request.
Case records can be accessed at county courthouses for the first 15 years. After 15 years, case records are moved to the State Records Center for years 15-35, and finally to the Kentucky Department for Libraries and Archives.
See the court's official website for additional details and contact information and details on how records can be requested.
Online access to case file records through CourtNet is restricted to Kentucky licensed attorneys and media determined eligible by the Administrative Office of the Courts, who are able to pay subscription and usage fees for online access.
A free public user option with limited docket information is available.
Administrative Office of the Courts (AOC) Records
AOC records pertain to the administration of the Kentucky Court of Justice and are subject to a court-established open records policy. However, these administrative records do not include case file records or compiled statistical data.
To request administrative records, submit an open records request to the AOC at OpenRecords@kycourts.net. The AOC will determine the eligibility of the request and respond within three business days. Additional details are provided in the court's open records policy.
How to Appeal an Unfavorable Response:
The policy of the courts currently provides the following reconsideration process for AOC records only:
- A request for reconsideration of a decision denying public access to administrative records may be made to the Chief Justice of Kentucky, in the form of a detailed letter, within 30 days from the date of the decision.
- If the Chief Justice sustains the decision denying public access, a request for reconsideration may be made to the full Supreme Court, in the form of a letter, within 10 days from the date of decision.