Opinion
Opinion By: Gregory D. Stumbo, 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 Gallatin Circuit Court Clerk is not bound by the provisions of the Kentucky Open Records Act, and therefore did not violate the Open Records Act in the disposition of Michael Linde's request for "a copy of State Police Video (Evidence) entered in [the Gallatin Circuit] Court . . . [that] includes evidence of a Criminal Act under Case No. 04-CR-00010." It is the decision of this office that 98-ORD-6, a copy of which is attached hereto and incorporated by reference, is controlling. Redress for Mr. Linde's grievances relative to the disposition of his requests, and the premature destruction of evidence, rests in the courts and not in this office.
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.