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 Calloway 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 Billy L. Barnett, Jr.'s request for a copy of the video tape from his September 27, 2002 hearing in the Calloway Circuit Court. The Chief Deputy Clerk for Calloway County nevertheless notified Mr. Barnett, in writing, on December 18, 2002, that the Clerk has no record of any such hearing. We believe that 98-ORD-6, 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.
Billy L. Barnett, Jr., # 119014Dorm 2-AU-04G.R.C.C.P.O. Box 9300Central City, KY 42330
Vicki Wilson, ClerkCalloway Circuit and District Courts312 N. 4th - Judicial BuildingMurray, KY 42071
Mellisa Crawford, Chief Judicial ClerkCalloway Circuit Court312 N. 4th - Judicial BuildingMurray, KY 42071