05-ORD-107 | KOGC

Opinion

Opinion By: Gregory D. Stumbo, Attorney General; Michelle D. Harrison, Assistant Attorney General

Open Records Decision

At issue in this appeal is whether Boone Circuit Court Clerk Pat Gutzeit violated the Kentucky Open Records Act in failing to respond to the request of Johnny Penn for copies of all "convictions of crimes of violence" referenced in the order dated April 4, 2005. As long recognized by the Attorney General, records in the custody of circuit court clerks are properly characterized as court records to which the Open Records Act does not apply. See 05-ORD-092; 04-ORD-046; 03-ORD-175; 00-ORD-164; 95-ORD-101. Accordingly, circuit court clerks such as Ms. Gutzeit do not violate the Act in failing to respond upon receiving a request submitted pursuant to the Open Records Act. In our view, 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.

LLM Summary

The decision addresses whether Boone Circuit Court Clerk Pat Gutzeit violated the Kentucky Open Records Act by not responding to a request for copies of all 'convictions of crimes of violence' referenced in a specific order. The decision concludes that circuit court clerks, like Ms. Gutzeit, do not violate the Act when they fail to respond to such requests, as records held by circuit court clerks are considered court records and are not subject to the Open Records Act. The decision cites several previous opinions to support this view and identifies 98-ORD-006 as controlling.

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