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 Campbell 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 Gary Leap'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. Contrary to Mr. Leap's belief, the courts have determined that they are not bound by the provisions of the Act as evidenced in the attached open records decision and authorities cited therein.
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.