06-ORD-124 | KOGC

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 Judicial Conduct Commission did not violate the Open Records Act in the disposition of Ja-Ron Teague's open records request for documents and information relating to a complaint he filed with the Commission. Records in its custody are court records to which the Act does not apply. OAG 91-45. We find that OAG 91-45, 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 proceedings.

LLM Summary

The Attorney General's decision finds that the Judicial Conduct Commission did not violate the Open Records Act in its handling of Ja-Ron Teague's request for documents. The decision relies on OAG 91-45, which established that records held by the Judicial Conduct Commission are considered court records and thus not subject to the Open Records Act. The decision affirms the non-applicability of the Open Records Act to such records and follows the precedent set by OAG 91-45.

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