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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 Harlan 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 Paul William Lewis' request for a copy of "all affidavits, agreements, or orders which serve to determine paternity in Action No. 91-CI-566 . . . ." 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.

Paul William Lewis, # 161107 Roederer Correctional ComplexP.O. Box 69LaGrange, KY 40031

Paul F. Williams, ClerkHarlan Circuit CourtHarlan County Courthouse210 E. Central StreetP.O. Box 190Harlan, KY 40831

LLM Summary
The Attorney General's decision concludes that the Harlan Circuit Court Clerk is not subject to the Kentucky Open Records Act regarding a request for specific legal documents related to a paternity determination case. The decision follows the precedent set in 98-ORD-006, which is directly applied to support this conclusion.
Disclaimer:
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Requested By:
Paul William Lewis
Agency:
Harlan Circuit Court Clerk
Type:
Open Records Decision
Lexis Citation:
2003 Ky. AG LEXIS 219
Cites:
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