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 Pike 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 Tracy Daniels's July 29, and August 4, 1999, requests for records relating to case numbers 90-CR-237 and 97-CR-00239 within three business days of receipt of those requests. We believe that 98-ORD-6, a copy of which is attached hereto and incorporated by reference, is controlling.
In a letter to this office dated September 13, 1999, Pike Circuit Court Clerk W. David Deskins indicated that on September 13 a copy of Mr. Daniels's file was sent to him. Mr. Deskins further indicated that copies of two tapes identified in Mr. Daniels's request would be sent to him upon prepayment of copying charges. Although not statutorily obligated to do so, the Pike Circuit Court Clerk complied, in all material respects, with Mr. Daniels's requests. If Mr. Daniels is dissatisfied with Mr. Deskins's response, he 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.