Request By:
James Spencer, # 142515
Lee Adjustment Center
P.O. Box 900
Beattyville, KY 41311Sharon Mahan
Clark Circuit Clerk
Courthouse Annex
17 Cleveland Avenue
Winchester, KY 40391Sara Dent
Staff Attorney
Administrative Office of the Courts
100 Millcreek Park
Frankfort, KY 40601
Opinion
Opinion By: A. 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 Clark 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 James Spencer's request for a copy of the records identified in his open records request. 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.