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Opinion

Opinion By: Albert B. Chandler III, Attorney General; James M. Ringo, 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 McCracken 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 Jason Cashan's request for a copy of 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.

Jason Cashan # 144906Luther Luckett Correctional ComplexP.O. Box 6LaGrange, KY 40031

Mike LawrenceMcCracken Circuit Court ClerkP.O. Box 1455Washington StreetPaducah, KY 42002-1455

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

LLM Summary
The Attorney General's decision concludes that the McCracken Circuit Court Clerk is not subject to the Kentucky Open Records Act in relation to the request made by Jason Cashan for records concerning his criminal case. The decision follows the precedent set by 98-ORD-006, which is explicitly cited as controlling in this matter.
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Requested By:
Jason Cashan
Agency:
McCracken Circuit Court Clerk
Type:
Open Records Decision
Lexis Citation:
2001 Ky. AG LEXIS 199
Cites:
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