03-ORD-079 | KOGC

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 Taylor 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 James R. Ludwick's request for a copy of records relating to his motion for shock probation. 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.

James R. Ludwick, # 160359Roederer Correctional ComplexP.O. Box 69LaGrange, KY 40031

Samuel Newcomb, ClerkTaylor Circuit CourtTaylor County Courthouse203 North Court StreetCampbellsville, KY 42718

LLM Summary

The Attorney General's decision concludes that the Taylor Circuit Court Clerk is not subject to the Kentucky Open Records Act in relation to a request for records concerning a motion for shock probation. The decision follows the precedent set in 98-ORD-006, which is directly applied to affirm that there was no violation of the Act.

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