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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 Johnson 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 Milford Todd Martin's request for a copy of records relating to the Commonwealth of Kentucky's criminal action against Bashirahmed M. Ameji, M.D. 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.

Milford Todd Martin, # 128427 Eastern Kentucky Correctional Complex200 Road to JusticeWest Liberty, KY 41472

Vickie RiceJohnson Circuit Court ClerkCourt Street, P.O. Box 1405Paintsville, KY 41240

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

LLM Summary
The Attorney General's decision concludes that the Johnson Circuit Court Clerk is not subject to the Kentucky Open Records Act in relation to Milford Todd Martin's request for records concerning a criminal action. The decision follows the precedent set in 98-ORD-006, which is directly applied to support this conclusion.
Disclaimer:
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Requested By:
Milford Todd Martin
Agency:
Johnson Circuit Court Clerk
Type:
Open Records Decision
Lexis Citation:
2001 Ky. AG LEXIS 226
Cites:
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