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Request By:
Kenneth LaPradd, # 119159
Resident Legal Aide
CCA/Lee Adjustment Center
W-N-109-B
P. O. Box 900
Beattyville, KY 41311-0900Leigh Ann Hiatt, APR
Public Information Officer
Administrative Office of the Courts
100 Millcreek Park
Frankfort, KY 40601Scott Furkin
General Counsel
Administrative Office of the Courts
100 Millcreek Park
Frankfort, KY 40601

Opinion

Opinion By: Gregory D. Stumbo, Attorney General; James M. Ringo, 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 Kentucky State Law Library is not bound by the provisions of the Kentucky Open Records Act, and therefore cannot be said to have violated the Act in failing to respond to Kenneth LaPradd's open records request for copies of laws that have to do with sex offenders and their good time. The Kentucky State Law Library and its records are under the jurisdiction and control of the Supreme Court of Kentucky. The Open Records Act does not apply to records of the courts. 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 decision concludes that the Kentucky State Law Library is not subject to the Kentucky Open Records Act as it is under the jurisdiction of the Supreme Court of Kentucky. Therefore, it did not violate the Act by not responding to an open records request concerning laws related to sex offenders and their good time. The decision follows the precedent set by 98-ORD-006, which is cited as controlling.
Disclaimer:
The Sunshine Law Library is not exhaustive and may contain errors from source documents or the import process. Nothing on this website should be taken as legal advice. It is always best to consult with primary sources and appropriate counsel before taking any action.
Requested By:
Kenneth LaPradd
Agency:
Kentucky State Law Library
Type:
Open Records Decision
Lexis Citation:
2006 Ky. AG LEXIS 25
Cites:
Forward Citations:
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