98-ORD-177 | 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 Fayette 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 respond to Earl Waller's September 1, 1998, request for a copy of his RCr 11.42 motion. We believe that 98-ORD-6, a copy of which is attached hereto, and incorporated by reference, is controlling. Mr. Waller 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 Attorney General's decision concludes that the Fayette Circuit Court Clerk is not subject to the Kentucky Open Records Act and did not violate the Act by failing to respond to a request for a copy of an RCr 11.42 motion. The decision follows the precedent set by 98-ORD-006, which is cited as controlling. It advises the requester to seek redress through the courts and outlines the process for appealing the decision.

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