Opinion
Opinion By: Gregory D. Stumbo,Attorney General;Michelle D. Harrison,Assistant Attorney General
Open Records Decision
At issue in this appeal is whether the Bullitt Circuit Court Clerk violated the Kentucky Open Records Act in failing to respond upon receipt of the request submitted by Donald Hoskinson for "one Case History, one copy of the Commonwealth's Offer on a Plea of Guilty (Plea Agreement), and one copy of the Final [Judgment] for a previous Bullitt County felony [c]ase, Case Number 2003-CR-00146." Because records in the custody of circuit court clerks are properly characterized as court records, which are not governed by the Open Records Act, rather than public records within the meaning of KRS 61.870(2), the Attorney General has long recognized that circuit court clerks are not subject to the provisions of the Open Records Act. Consequently, the Bullitt Circuit Court Clerk cannot be said to have violated the Act in failing to respond upon receipt of Mr. Hoskinson's request as would otherwise be required by KRS 61.880(1). In our view, 98-ORD-6 and 04-ORD-051 are controlling on the facts presented; a copy of each decision is attached hereto and incorporated by reference.
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.
Donald Hoskinson, # 185859
Doris CornellCircuit Court Clerk Judicial Center505 Buffalo Run RoadP.O. Box 746Shepherdsville, KY 40165-0746