Opinion
Opinion By: Gregory D. Stumbo, Attorney General; Amye L. Bensenhaver, 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 Garrard Circuit Court Clerk is not bound by the provisions of the Kentucky Open Records Act, and therefore did not violate the Act in its disposition of James T. Clemons' request for a copy of the transcript of his trial. We believe that 98-ORD-6, a copy of which is attached hereto and incorporated by reference, is controlling. We also enclose, and incorporate by reference, a copy of 98-ORD-178, declaring that "Records, made and prepared by the court reporter in performing her duties . . . are clearly records of the court," and therefore "not subject to the terms and provisions of the [Open Records] Act." 98-ORD-178, p. 2.
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.