Opinion
Opinion By: Gregory D. Stumbo,Attorney General;Michelle D. Harrison,Assistant Attorney General
Open Records Decision
At issue in this appeal is whether Jefferson District and Circuit Court Clerk Tony Miller subverted the intent of the Open Records Act, short of denial of inspection, by imposing excessive fees for copies of the records requested by Eric Cunningham. As this office advised Mr. Cunningham in 04-ORD-014, records in the custody of circuit court clerks are properly characterized as court records and, therefore, circuit court clerks are not bound by the provisions of the Open Records Act. In a long line of decisions, the Attorney General has recognized that neither district court clerks nor circuit court clerks are subject to the Act. See 03-ORD-011; 02-ORD-192; 02-ORD-273; 00-ORD-164; 98-ORD-43. As in those decisions, 98-ORD-6, a copy of which is attached hereto and incorporated by reference, is controlling on the facts presented. Because Mr. Miller is not bound by the Act, it stands to reason that his actions do not constitute a violation of the Act.
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.
Eric Cunningham, # 63513/115116Roederer Correctional Complex3001 West Highway 146LaGrange, KY 40031
Tony MillerClerk of Circuit & District CourtsHall of Justice, 2nd Floor600 W. Jefferson StreetLouisville, KY 40202