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 Administrative Office of the Courts is not bound by, and therefore did not violate, the Open Records Act in the disposition of Carter Gaffney's November 12, 2005, request for a copy of "the document that was certified by the Jefferson County Circuit Court Clerk to the Chief Justice stating that there was a vacancy in the circuit courts office [sic] [that] occurred when the Honorable Thomas Kropf retired." Mr. Gaffney also requested a copy of "the document of the appointing of the Special Judge who [] presided over [his September 23 through 25, 2003,] Jefferson Circuit Court trial, Case No. (01-CR-2851)." It is the decision of this office that 02-ORD-24, a copy of which is attached hereto and incorporated by reference, is dispositive of the issue on appeal. Because AOC is not bound by the provisions of the Open Records Act, per the legal authorities referenced in 02-ORD-24, the decision whether to release the requested documents rests with AOC. We find no error in AOC's disposition of Mr. Gaffney's request.
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.
Carter Gaffney, # 173139-Dorm 8Eastern Kentucky Correctional Complex200 Road to JusticeWest Liberty, KY 41472
Leigh Ann Hiatt, APRPublic Information OfficerAdministrative Office of the Courts100 Millcreek ParkFrankfort, KY 40601
Scott FurkinGeneral CounselAdministrative Office of the Courts100 Millcreek ParkFrankfort, KY 40601