99-ORD-189 | 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 Bullitt Circuit Court Clerk is not bound by the provisions of the Open Records Act, and therefore cannot be said to have violated the Act in failing to respond to Dane'yl Fish's July 29, 1999, request for a copy of the grand jury indictment in case number 91-CR-0038. We believe that 98-ORD-6, a copy of which is attached hereto and incorporated by reference, is controlling. Although not statutorily obligated to do so, the Bullitt Circuit Court Clerk has furnished Mr. Fish with the records identified in his request. Mr. Fish must seek redress for any further records access grievances 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 Bullitt Circuit Court Clerk is not subject to the Open Records Act and therefore did not violate the Act by not responding to a request for a copy of a grand jury indictment. The decision follows the precedent set by 98-ORD-006, which is cited as controlling. Although not required, the Clerk provided the requested records, and any further grievances must be pursued through the courts.

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