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Opinion

Opinion By: A. 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 Graves County Circuit Court Clerk is not bound by the provisions of the Kentucky Open Records Act, and therefore cannot be said to have violated the provisions of the Act by failing to respond to Thomas Walton's request. We believe that 96-ORD-173, 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.

Thomas Walton # 151565Northpoint Training CenterP.O. Box 479, Dorm # 2Burgin, KY 40310

Nedra NallGraves County Circuit ClerkGraves County Courthouse100 East BroadwayMayfield, KY 42066

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

LLM Summary
The decision concludes that the Graves County Circuit Court Clerk is not subject to the Kentucky Open Records Act and therefore did not violate the Act by not responding to a request. The decision relies on the precedent set by 96-ORD-173 to support this conclusion.
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Requested By:
Thomas Walton
Agency:
Graves County  Circuit Court Clerk
Type:
Open Records Decision
Lexis Citation:
2002 Ky. AG LEXIS 137
Cites:
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