98-ORD-110 | KOGC

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 Daviess Circuit Court Clerk is not bound by the provisions of the Kentucky Open Records Act, and therefore cannot be said to have violated the Act by failing to honor Jerry Wayne Welsh Jr.'s June 4, 1998, request for records relating to his arrest and conviction. We believe that 98-ORD-6, a copy of which is attached hereto and incorporated by reference, is controlling. Mr. Welsh must seek redress for his grievance through the courts.

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.

LLM Summary

The decision concludes that the Daviess Circuit Court Clerk is not subject to the Kentucky Open Records Act and did not violate the Act by failing to provide records requested by Jerry Wayne Welsh Jr. The decision follows the precedent set in 98-ORD-006, which is cited as controlling in this matter. The decision advises that any grievances should be pursued through the courts.

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