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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 Oldham District 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 court orders which serve to determine paternity, Action No. 9-J-144." We believe that 98-ORD-6, a copy of which is attached hereto and incorporated by reference, is controlling. Nevertheless, Oldham District Court Clerk Linda G. Mason notified this office on January 2, 2003 that the entire case was mailed to Mr. Lewis on October 28, 2002. No order of paternity was found.

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

Linda L. Mason, ClerkOldham District CourtOldham County Courthouse100 W. Main StreetLaGrange, KY 40031

LLM Summary
The Attorney General's decision concludes that the Oldham District Court Clerk is not subject to the Kentucky Open Records Act regarding a request for specific court documents related to determining paternity. The decision follows the precedent set in 98-ORD-006, which is cited as controlling. The decision also notes that the requested documents were sent to the requester, and no order of paternity was found in the case.
Disclaimer:
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Requested By:
Paul William Lewis
Agency:
Oldham District Court Clerk
Type:
Open Records Decision
Lexis Citation:
2003 Ky. AG LEXIS 252
Cites:
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