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 sufficient advised, we find that the Anderson Circuit Court Clerk did not violate the Open Records Act in the disposition of Charlotte Jackson's request for records relating to case number 01-CI-00381. We believe that 98-ORD-6, a copy of which is attached hereto and incorporated by reference, is controlling. Although 98-ORD-6 deals with records generated by and for the court in a criminal action, that decision firmly establishes that all court records, both civil and criminal, are not governed by the Kentucky Open Records Act, including the copying fee provision found at KRS 61.874(3). Disputes concerning access to court records, and the reasonableness of the copying fees imposed, must be presented to the court.
In addition, we find that an open records appeal is not the appropriate forum for resolution of a dispute concerning the Kentucky Supreme Court's disposition of a request to correct "clerical errors" appearing in court records.
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.
Charlotte JacksonP.O. Box 603545Cleveland, OH 44103-0545
Jan Duncan Rogers, ClerkAnderson Circuit CourtAnderson County Courthouse151 South Main StreetLawrenceburg, KY 40342