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 Perry Circuit Court Clerk is not bound by the provisions of the Open Records Act, and therefore did not violate the Act in the disposition of Burgess Sorrells' request for tape recordings of hearings conducted on December 9, 1999, January 7, 2000, May 5, 2000, May 18, 2000, and July 21, 2000 in Civil Action No. 94-CI-00517. We believe that 98-ORD-6, a copy of which is attached hereto and incorporated by reference, is controlling, and that the rule announced in Ex Parte Farley, Ky., 570 S.W.2d 617 (1978) is applicable to both criminal and civil proceedings. Mr. Sorrells must seek redress for his grievance through the Administrative Office of 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 proceedings.
Distributed to:
Burgess Sorrells308 Red Oak BranchSassafras, KY 41759
Chester JonesPerry Circuit Court ClerkP.O. Box 7743Hazard, KY 41702
Sara DentStaff AttorneyAdministrative Office of the Courts100 Millcreek ParkFrankfort, KY 40601