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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 Kenton County Circuit Court Clerk is not bound by the provisions of the Kentucky Open Records Act, and therefore did not violate the provisions of the Act in the disposition of Christopher Martin's request for a copy of records relating to the Commonwealth of Kentucky's criminal action number 01-CR-511. 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.

LLM Summary
The Attorney General's decision finds that the Kenton County Circuit Court Clerk is not subject to the Kentucky Open Records Act, based on the precedent set by 98-ORD-006. Therefore, the clerk did not violate the Act in handling a request for records related to a criminal action. The decision allows for an appeal to be made in the appropriate circuit court.
Disclaimer:
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Requested By:
Christopher Martin
Agency:
Kenton Circuit Court Clerk
Type:
Open Records Decision
Lexis Citation:
2003 Ky. AG LEXIS 105
Cites:
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