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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 Campbell Circuit Court Clerk is not bound by the provisions of the Kentucky Open Records Act, and therefore did not violate the Act in its disposition of Kevin Shegog's request for a copy of records relating to the Commonwealth of Kentucky's criminal action against him. 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 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:

Kevin Shegog, #160108Northpoint Training Center, Dorm #6P.O. Box 479Burgin, KY 40310-0479

Tom CalmeCampbell Circuit Court ClerkCourthouse330 York Street Newport, KY 41071

LLM Summary
The Attorney General's decision concludes that the Campbell Circuit Court Clerk is not subject to the Kentucky Open Records Act in relation to the request made by Kevin Shegog for records concerning his criminal case. The decision follows the precedent set in 98-ORD-006, which is directly applied to support this conclusion.
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:
Kevin Shegog
Agency:
Campbell Circuit Court Clerk
Type:
Open Records Decision
Lexis Citation:
2004 Ky. AG LEXIS 138
Cites:
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