00-ORD-236
December 27, 2000
In re: Derek Bradford McStoots/Grayson Circuit Court Clerk
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 Grayson Circuit Court Clerk is not bound by the provisions of the Kentucky Open Records Act, and therefore did not violate the Act in the disposition of Derek Bradford McStoots’ request for a copy of grand jury records relating to the Commonwealth of Kentucky’s criminal action against him. We believe that 98-ORD-6, a copy of which is attached hereto and incorporated by reference, is controlling.
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.
A. B. Chandler III
Attorney General
Amye L. Bensenhaver
Assistant Attorney General
#738
Enclosure
Distributed to:
Derek Bradford McStoots, #123633
Kentucky State Penitentiary
P.O. Box 5128
Eddyville, KY 42038
Carroll Gibson
Grayson Circuit Court Clerk
Judicial Complex, Public Square
125 E. White Oak
Leitchfield, KY 42754
Sara Dent
Staff Attorney
Administrative Office of the Courts
100 Millcreek Park
Frankfort, KY 40601