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Request By:
James M. Montgomery, # 131904
Eastern Kentucky Correctional Complex
200 Road To Justice
West Liberty, KY 41472Tony Miller, Clerk
Jefferson County District Court
Hall of Justice
600 W. Jefferson Street
Louisville, KY 40202Sara Dent
Staff Attorney
Administrative Office of the Courts
100 Millcreek Park
Frankfort, KY 40601

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 Jefferson County District Court is not bound by the provisions of the Kentucky Open Records Act, and therefore cannot be said to have violated the Act relative to its actions regarding James M. Montgomery's request for a copy of "any audio or video tapes on case # no. 98-H-00052." We believe that 98-ORD-6, a copy of which is attached hereto and incorporated by reference, is controlling. Mr. Montgomery must seek redress for his grievances through the courts

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.

LLM Summary
The Attorney General's decision concludes that the Jefferson County District Court is not bound by the Kentucky Open Records Act regarding a request made by James M. Montgomery for audio or video tapes related to a specific case. The decision follows the precedent set by 98-ORD-006, which is cited as controlling, and advises that any grievances should be addressed through the courts.
Disclaimer:
The Sunshine Law Library is not exhaustive and may contain errors from source documents or the import process. Nothing on this website should be taken as legal advice. It is always best to consult with primary sources and appropriate counsel before taking any action.
Requested By:
James M. Montgomery
Agency:
Jefferson County District Court
Type:
Open Records Decision
Lexis Citation:
2002 Ky. AG LEXIS 59
Cites:
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