Request By:
[NO REQUESTBY IN ORIGINAL]
Opinion
Opinion By: Albert B. Chandler III, Attorney General; James M. Ringo, 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 Boone 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 Melissa Ann Moore's request for a copy of the court video of Boone County Family Court, January 5, 2000 at 10:00 a.m., (Moore v. Klette). We believe that 98-ORD-6, a copy of which is attached hereto and incorporated by reference, is controlling. Ms. Moore must seek redress for her grievance through the courts.
This office has consistently recognized that records of the courts are not governed by the Open Records Act. In Ex Parte Farley, Ky., 570 S.W.2d 617, 624 (1978), the Kentucky Supreme Court held "that the custody and control of the records generated by the courts in the course of their work are inseparable from the judicial function itself, and are not subject to regulation." See also
York v. Commonwealth, Ky.App., 815 S.W.2d 415 (1991); KRS 26A.200 and KRS 26A.220; and 94-ORD-105.
In 97-ORD-119, we held that the failure of the court reporter for the Green Circuit Court to respond to an open records request for court records in the possession of the court reporter was not a violation of the Open Records Act, as records of the courts are not subject to the terms and provisions of the Act.
Accordingly, we conclude the Clerk of the Boone Circuit Court did not violate the terms and provisions of the Kentucky Open Records Act. KRS 61.870 through KRS 61.884 are not applicable to the records of the court system. Such records are subject to the control and direction of the Kentucky Supreme Court.
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.