Request By:
William R. Maness, # 170702
Green River Correctional Complex
1200 River Road
P. O. Box 9300
Central City, KY 42330-9300Gary W. Barton, Clerk
Whitley Circuit Court
P. O. Box 329
Williamsburg, KY 40769-0329
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 Whitley Circuit Court Clerk is not bound by the provisions of the Kentucky Open Records Act, and therefore did not violate the Act in the disposition of William R. Maness' request for a copy of records relating to the case of Commonwealth v. William Maness , Case No. 01-00070-001. We believe that 98-ORD-6, a copy of which is attached hereto and incorporated by reference, is controlling. Although not statutorily required to do so by the Open Records Act, the Whitley Circuit Court Clerk furnished Mr. Maness with copies of records responsive to his 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.