Request By:
William R. Maness, # 170702
Green River Correctional Complex
1200 River Road
P. O. Box 9300
Central City, KY 42330-9300Roger Schott, Clerk
Laurel Circuit Court
Judicial Annex II
103 S. Broad Street
P. O. Box 1798
London, KY 40743-1798
Opinion
Opinion By: Gregory D. Stumbo, Attorney General; James M. Ringo, Assistant Attorney General
Open Records Decision
The question presented in this appeal is whether the Laurel Circuit Court Clerk violated the Kentucky Open Records Act in failing to respond upon receipt of William R, Maness' request for a copy of records relating to the case of Commonwealth v. William Maness , Case No. 02-CR-00040-001. Because records in the custody of circuit court clerks are court records to which the Open Records Act does not apply, the Attorney General has long recognized that circuit court clerks are not subject to the provisions of the Open Records Act. Accordingly, the Laurel Circuit Court Clerk did not violate the Act in failing to respond to Mr. Maness' request. We believe that 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.