03-ORD-160 | 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 Oldham District 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 Jeffrey Guelda's request for a copy of itemized statements and checks relating to "bail bond/receipt # 10111940." 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 District Court Clerk nevertheless honored Mr. Guelda's request by providing him with narrative responses to his questions and producing existing court records that were responsive to that request.

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.

Jeffrey A. Guelda5943 S. Main StreetEminence, KY 40019

Linda L. Mason, ClerkOldham Circuit CourtOldham County Courthouse100 West Main StreetLaGrange, KY 40031

LLM Summary

The Attorney General's decision concludes that the Oldham District Court Clerk is not subject to the Kentucky Open Records Act regarding Jeffrey Guelda's request for specific financial documents. The decision follows the precedent set by 98-ORD-006, which is directly applied to support this conclusion. The decision also notes that the clerk provided narrative responses and existing records in response to the request, despite not being obligated under the Act.

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