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 Bourbon District 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 Gary Clay Henderson's request for records pertaining to his indictment. We believe that 98-ORD-6, a copy of which is attached hereto and incorporated by reference, is controlling. Although not required to do so under the Open Records Act, we note that the Bourbon District Court furnished Mr. Henderson with the requested records on April 6, 1998, as an apparent matter of comity. Ex part Farley, Ky., 570 S.W.2d 617, 624 (1978).
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.