05-ORD-234

Opinion

Opinion By: A. B. Chandler III, 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 Fayette Circuit Court Clerk is not bound by the provisions of the Kentucky Open Records Act, and therefore did not violate the Act in the disposition of Jim Lattner'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.

LLM Summary
The Attorney General's decision concludes that the Fayette Circuit Court Clerk is not subject to the Kentucky Open Records Act in relation to a request made by Jim Lattner for records concerning his criminal case. The decision follows the precedent set in 98-ORD-006, which is cited as controlling in determining that there was no violation of the Act.
Disclaimer:
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Requested By:
Jim Lattner
Agency:
Fayette Circuit Court
Type:
Open Records Decision
Lexis Citation:
2005 Ky. AG LEXIS 60
AG Original File:
Original on AG Site
Cites:
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