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 Madison 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 Gary Peters's request for a copy of the uniform offense report in case "number 2002-CR-00090, District Court Case # CI-00-F-00463." We believe that 98-ORD-6, a copy of which is attached hereto and incorporated by reference, is controlling. In so holding, we note that the Circuit Court Clerk honored Mr. Peters's requests, along with earlier requests, by mailing him copies of records identified in those requests.
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.
Gary Peters, # 73981-7ALuther Luckett Correctional ComplexP.O. Box 6LaGrange, KY 40031
Linda Spurlock, ClerkMadison Circuit Court351 W. Main StreetP.O. Box 813Richmond, KY 40475-0813