Opinion
Opinion By: Albert 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 Clinton Circuit Court Clerk is not bound by the provisions of the disposition of Phillip Padgett'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.
In handwritten margin notes appearing on Mr. Padgett's records request, reference is made to Louise Duff as "the only person who can get this information for you." It is unclear who Louise Duff is and if she is employed by a public agency governed by the provisions of the Open Records Act. If she is not employed by a public agency, this office has no authority to issue a decision relative to her compliance or noncompliance with the Open Records Act.
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.
Phillip Padgett # 153990Marion Adjustment CenterBGU 61195 Raywick RoadSt. Mary, KY 40063
Jake A. Staton, ClerkClinton Circuit CourtClinton County Courthouse212 Washington StreetAlbany, KY 42602
Sara DentStaff AttorneyAdministrative Office of the Courts100 Millcreek ParkFrankfort, KY 40601