Request By:
[NO REQUESTBY IN ORIGINAL]
Opinion
Opinion By: Albert B. Chandler III, Attorney General; Amye L. Bensenhaver, Assistant Attorney General
Open Records Decision
This matter having been presented to the Attorney General in an open records appeal, and the Attorney General being sufficiently advised, we find that the Jefferson Circuit Court Clerk is not bound by the provisions of the Kentucky Open Records Act, and therefore cannot be said to have violated the provisions of the Act by failing to respond to Cecil Burnett's request for a copy of his indictment, # 89CR0194. We believe that 98-ORD-6, a copy of which is attached and incorporated by reference, is controlling. Pursuant to instructions furnished by Administrative Office of the Courts staff attorney, Sara Boswell Dent, Mr. Burnett may wish to make another request for records relating to his indictment to Tony Miller, Jefferson Circuit Court Clerk. Mr. Burnett should provide the clerk with the case number, and identify the specific records he wishes to have sent to him. He should include a $ .15 per page payment for each copy he requests.
A party aggrieved by this decision may appeal it by initiating action in the appropriate circuit court pursuant to KRS 61.880(5) and KRS 61.882. Pursuant to KRS 61.880(3), the Attorney General should be notified of any action in circuit
court, but should not be named as a party in that action or in any subsequent proceeding.