Opinion
Opinion By: A. B. Chandler III, Attorney General; Michelle D. Harrison, 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 Mason Circuit Court Clerk is not bound by the provisions of the Kentucky Open Records Act, and therefore cannot be said to have violated the provisions of the Act by failing to respond to Patrick Avery's request. 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 an 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.
Distributed to:
Patrick M. Avery, #143830Luther Luckett Correctional CenterP.O. Box 6LaGrange, KY 40031
Kirk Tolle, ClerkMason Circuit CourtCourt of Justice Building100 West 3rd StreetMaysville, KY 41056