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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 Boyle 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 Larry Wayne Jones' 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 proceedings.

Larry Wayne Jones, # 109214, 4-102Kentucky State PenitentiaryP.O. Box 5128Eddyville, KY 42038

Trudy StevensBoyle Circuit Court ClerkBoyle County Courthouse321 Main StreetDanville, KY 40422

Sara DentStaff AttorneyAdministrative Office of the Courts100 Millcreek ParkFrankfort, KY 40601

LLM Summary
The Attorney General's decision concludes that the Boyle Circuit Court Clerk is not subject to the Kentucky Open Records Act regarding a request for grand jury records, and therefore did not violate the Act in handling the request. The decision follows the precedent set in 98-ORD-006, which is cited as controlling in this matter.
Disclaimer:
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Requested By:
Larry Wayne Jones
Agency:
Boyle Circuit Court Clerk
Type:
Open Records Decision
Lexis Citation:
2001 Ky. AG LEXIS 177
Cites:
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