07-ORD-050 | 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 because records in the custody of circuit court clerks are court records to which the Open Records Act does not apply, the Nelson Circuit Court Clerk did not violate the Act in the disposition of Marvin Hodge's request relating to Case No. 03-CR-00344. Although not statutorily obligated to do so under the Open Records Act, the Nelson Circuit Court Clerk advised that her office was in the process of gathering the requested records and copying the requested tapes which would be mailed to Mr. Hodge. 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.

Marvin Hodge, # 188088

Diane ThompsonNelson Circuit Court ClerkJustice Center200 County PlazaBardstown, KY 40004

LLM Summary

The decision concludes that the Nelson Circuit Court Clerk did not violate the Open Records Act when handling a request from Marvin Hodge, as the records requested are court records and thus not subject to the Act. The decision follows the precedent set in 98-ORD-006, which is directly applicable to the facts of this case.

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