Opinion
Opinion By: Gregory D. Stumbo, Attorney General; Michelle D. Harrison, Assistant Attorney General
Open Records Decision
At issue in this appeal is whether the Campbell Circuit Court Clerk violated the Kentucky Open Records Act in failing to respond upon receipt of the request submitted by Herbert Brooks for copies of "any and all court records, transcripts, motion[s] of discovery, court tapes, and any other information that mentions me by name." As long recognized by the Attorney General, records in the custody of circuit court clerks are court records to which the Open Records Act does not apply. See 04-ORD-246; 03-ORD-175; 00-ORD-164; 95-ORD-101. Accordingly, circuit court clerks are not subject to the provisions of the Open Records Act. In our view, 98-ORD-6, a copy of which is attached hereto and incorporated by reference, is controlling on the facts presented.
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.