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 McCracken 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 Tony Prather's July 15, 1999, request for a copy of the transcript of the preliminary hearing in case number 88-CR-139. We believe that 98-ORD-6, a copy of which is attached hereto and incorporated by reference, is controlling. In spite of the fact that the Open Records Act does not require him to do so, McCracken Circuit Court Clerk Mike Lawrence has expressed his willingness to assist Mr. Prather in obtaining copies of specifically described records in his custody. Mr. Prather can reasonably expect no more.
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.