99-ORD-052 | 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 Trigg Circuit Court is not bound by the provisions of the Kentucky Open Records Act and therefore cannot be said to have violated the Act in responding to Randy A. Roy's March 5, 1999, request for records relating to Indictment No. 93-CR-00007. 1 We believe that 98-ORD-6, a copy of which is attached hereto and incorporated by reference, is controlling. Mr. Roy 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.

Footnotes

Footnotes

1 We note that the Trigg Circuit Court, although not bound by the provisions of the Act, nevertheless furnished Mr. Roy with copies of every record in the court's custody.

LLM Summary

The Attorney General's decision concludes that the Trigg Circuit Court is not governed by the Kentucky Open Records Act concerning Randy A. Roy's request for records related to a specific indictment. The decision follows the precedent set by 98-ORD-006, which is cited as controlling, indicating that the court's actions were not in violation of the Act. The decision advises that any grievances should be pursued through the judicial system.

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