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 Logan 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 Michael Epley's request for a copy of records relating to his divorce and child custody dispute. We believe that 98-ORD-6, a copy of which is attached hereto and incorporated by reference, is controlling. Although that decision relates to a request for court records generated in criminal proceedings, the holding applies with equal force to court records generated in divorce proceedings.
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.