02-ORD-073 | KOGC

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 Campbell Circuit Court Clerk is not bound by the provisions of the Open Records Act, and therefore did not violate the Act relative to the open records request of John Allen for a copy of his "Guilty Plea Transcript." We believe that 98-ORD-6, a copy of which is attached hereto and incorporated by reference, is controlling. Notwithstanding this conclusion, the Office of the Campbell Circuit Court Clerk has advised this office that Mr. Allen has been provided with the record identified in his request.

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.

John Allen, # 101973Lee Adjustment CenterP.O. Box 900Beattyville, KY 41311

Thomas CalmeCampbell County Circuit Court ClerkCourthouse330 York StreetNewport, KY 41071

Sara DentAdministrative Office of the Courts100 Millcreek ParkFrankfort, KY 40601

LLM Summary

The Attorney General's decision concludes that the Campbell Circuit Court Clerk is not subject to the Open Records Act concerning the request made by John Allen for his 'Guilty Plea Transcript.' The decision follows the precedent set by 98-ORD-006, which is directly applied to support this conclusion. Although the request was initially denied under the Open Records Act, the record was eventually provided to Mr. Allen by the Campbell Circuit Court Clerk.

Support Our Work