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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 Kenton 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 in her response to Charles E. Davis' request for certain records relating to his trial in the Kenton Circuit Court. 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.

Charles E. Davis, # 103836Roederer Correctional Complex, Unit # 3P. O. Box 69LaGrange 40031

Mary Ann Woltenberg, ClerkKenton Circuit and District CourtsP. O. Box 669Covington, KY 41012-0669

LLM Summary
The decision concludes that the Kenton Circuit Court Clerk is not subject to the Kentucky Open Records Act and did not violate the Act in responding to a request for records related to a trial. The decision follows the precedent set in 98-ORD-006, which is cited as controlling in this matter.
Disclaimer:
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Requested By:
Charles E. Davis
Agency:
Kenton Circuit Court Clerk
Type:
Open Records Decision
Lexis Citation:
2005 Ky. AG LEXIS 276
Cites:
Forward Citations:
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