06-ORD-034 | KOGC

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 provisions of the Open Records Act in the disposition of Anthony Mattingly's December 29, 2005, requests for Court Net records. We believe that 04-ORD-037, a copy of which is attached hereto and incorporated by reference, is dispositive of the issue on appeal. Mr. Mattingly is not entitled to relief under the Open Records Act for the reasons set forth in the referenced decision.

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.

Anthony Mattingly, # 115494SMU 123 BMarion Adjustment Center95 Raywick RoadSt. Mary, KY 40063

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

LLM Summary

The Attorney General's decision finds that the Administrative Office of the Courts is not subject to the Open Records Act in relation to the specific request made by Anthony Mattingly for Court Net records. The decision follows the reasoning and conclusion of a previous decision, 04-ORD-037, which is deemed dispositive of the issue, thereby denying relief to Mr. Mattingly under the Open Records Act.

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