04-ORD-033

Opinion

Opinion By: Gregory D. Stumbo, 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 Boone 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 Johnny Penn's request for a copy of preliminary hearing tapes relating to the Commonwealth of Kentucky's criminal action against him. We believe that 96-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 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.

LLM Summary
The Attorney General's decision concludes that the Boone District Court Clerk is not subject to the Kentucky Open Records Act regarding a request for copies of preliminary hearing tapes in a criminal action. The decision follows the precedent set in 96-ORD-006, which is cited as controlling in determining the applicability of the Open Records Act to the court clerk's actions.
Disclaimer:
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Requested By:
Johnny Penn
Agency:
Boone District Court Clerk
Type:
Open Records Decision
Lexis Citation:
2004 Ky. AG LEXIS 74
AG Original File:
Original on AG Site
Cites:
Neighbors

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