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Opinion

Opinion By: Jack Conway, Attorney General; James M. Herrick, 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 Jefferson County Circuit Court Clerk is not bound by the provisions of the Kentucky Open Records Act, and therefore cannot be said to have violated the provisions of the Act in regard to Robert Rose's request. We believe 98-ORD-6, 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 proceeding.

Robert E. Rose, # 203257David Nicholson, Jefferson Circuit Clerk

LLM Summary
The Attorney General's decision concludes that the Jefferson County Circuit Court Clerk is not subject to the Kentucky Open Records Act, and therefore did not violate the Act in handling a request from Robert Rose. The decision follows the precedent set in 98-ORD-006, which is cited as controlling in this matter.
Disclaimer:
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Requested By:
Robert E. Rose
Agency:
Jefferson Circuit Court Clerk
Type:
Open Records Decision
Lexis Citation:
2009 Ky. AG LEXIS 200
Cites:
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