Opinion
Opinion By: A. B. Chandler III, Attorney General; Michelle D. Harrison, Assistant Attorney General
Open Records Decision
At issue in this appeal is whether the Boone County Circuit Court Clerk violated the Open Records Act in failing to respond to Kenneth LaPradd's September 22, 2003, request for any court records relating to the disposition of his mother's will. 1 Being sufficiently advised, we find that the Boone County Circuit Court Clerk is not bound by the provisions of the Kentucky Open Records Act, and, therefore, her failure to respond to Mr. LaPradd's request does not constitute a violation of the Act. 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.
Footnotes
Footnotes
1 According to Mr. LaPradd, the clerk also failed to respond to his letter of March 7, 2003.