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 Pike Circuit Court Clerk violated the Kentucky Open Records Act in failing to respond upon receipt of the request submitted by Stacy Thacker for a copy of all "records, documents and materials" related to Indictment No. 01-CR-000237. Upon receiving notification of Mr. Thacker's appeal, Juette King, Deputy Clerk, responded on behalf of the Pike Circuit Court Clerk, advising that her office did not receive the request dated June 6, 2007, possibly because Mr. Thacker did not include the suite number or post office box number in the address. Although this office is unable to conclusively resolve a factual dispute concerning the actual delivery and receipt of a request, a public agency cannot respond to a request which it does not receive; to her credit, Ms. King also indicates a willingness to provide the requested copies thereby exceeding the requirements of the Open Records Act.
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 Pike Circuit Court Clerk cannot be said to have violated the Act in failing to respond upon receipt of Mr. Thacker's request. 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.
Stacy Thacker, # 155446
W. David Deskins, Clerk Pike County Hall of Justice172 Division Street., Suite 336Pikeville, KY 41502