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Opinion

Opinion By: Gregory D. Stumbo, 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 Simpson 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 Travis Suggs' request. We believe that 96-ORD-173, a copy of which is attached hereto and incorporated by reference, is controlling. Notwithstanding the above, Jan J. Murphree, Simpson County Circuit Court Clerk, advised that Mr. Suggs had been provided with a copy of his case history that he requested.

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:

Travis L. Suggs, #161905Eastern Kentucky Correctional Complex200 Road to Justice, Dorm 02-AU-14West Liberty, KY 41472

Jan J. MurphreeSimpson Circuit Court ClerkSimpson County CourthouseP.O. Box 261Franklin, KY 42135-0261

LLM Summary
The Attorney General's decision finds that the Simpson County Circuit Court Clerk is not subject to the Kentucky Open Records Act and therefore did not violate the Act by not responding to Travis Suggs' request. The decision follows the precedent set by 96-ORD-173, which is cited as controlling in this matter. Additionally, it is noted that the requested documents were provided to Mr. Suggs.
Disclaimer:
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Requested By:
Travis Suggs
Agency:
Simpson Circuit Court Clerk
Type:
Open Records Decision
Lexis Citation:
2004 Ky. AG LEXIS 142
Cites:
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