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Opinion

Opinion By: A. 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 Greenup 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 Joseph Charlie Hill's request for a copy of records relating to Case Number 00-M-00811. The record on appeal demonstrates that the Greenup Circuit Court has made every effort to accommodate Mr. Hill notwithstanding the fact that it is not bound by the provisions of the Open Records Act. 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.

Joseph Charlie HillP.O. Box 81Argillite, KY 41121

Kent Reed, ClerkGreenup Circuit CourtGreenup County Courthouse AnnexGreenup, KY 41144

LLM Summary
The Attorney General's decision concludes that the Greenup Circuit Court Clerk is not subject to the Kentucky Open Records Act and did not violate the Act in handling Joseph Charlie Hill's request for records. The decision follows the precedent set by 98-ORD-006, which is explicitly cited as controlling in this matter.
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Requested By:
Joseph Charlie Hill
Agency:
Greenup Circuit Court Clerk
Type:
Open Records Decision
Lexis Citation:
2003 Ky. AG LEXIS 274
Cites:
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