Skip to main content

Opinion

Opinion By: A. B. Chandler III, Attorney General; James M. Ringo, 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 Laurel County 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 Thomas Jackson's request. We believe that 98-ORD-6, a copy of which is attached hereto and incorporated by reference, is controlling. Disputes concerning access to court records must be presented to the courts. 03-ORD-038.

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.

Thomas Jackson # 157939Kentucky State Reformatory3001 W. Highway 146LaGrange, KY 40032

Roger L. Schott, ClerkLaurel Circuit CourtP.O. Box 1798London, KY 40743-1798

LLM Summary
The decision finds that the Laurel County Circuit Court Clerk is not subject to the Kentucky Open Records Act and thus did not violate the Act by not responding to a records request. It references 98-ORD-006 as controlling for this conclusion and cites 03-ORD-038 to affirm that disputes over court records should be handled by the courts.
Disclaimer:
The Sunshine Law Library is not exhaustive and may contain errors from source documents or the import process. Nothing on this website should be taken as legal advice. It is always best to consult with primary sources and appropriate counsel before taking any action.
Requested By:
Thomas Jackson
Agency:
Laurel Circuit Court Clerk
Type:
Open Records Decision
Lexis Citation:
2003 Ky. AG LEXIS 249
Neighbors

Support Our Work

The Coalition needs your help in safeguarding Kentuckian's right to know about their government.