Opinion
Opinion By: Jack Conway, Attorney General; Michelle D. Harrison, Assistant Attorney General
Open Records Decision
At issue in this appeal is whether the Jefferson Circuit Court Clerk violated the Kentucky Open Records Act in failing to issue a written response upon receipt of Jaron S. Teague's written request(s) for various records, including, but not limited to, "the mental evaluation reports ordered at [Kentucky Correctional Psychiatric Center]," and the "entire criminal docket sheets" for specified case numbers. On appeal, Mr. Teague argues that the Clerk "failed to notify and or [sic] respond for" a list of sixteen (16) named judges and court officers allegedly in possession of the records. Because records in the custody of circuit and district 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 neither circuit nor district court clerks are subject to the provisions of the Open Records Act. Consequently, the Jefferson Circuit Court Clerk had no statutory obligation to respond on behalf of the named individuals and cannot be said to have violated the Act relative to Mr. Teague's request.
In our view, 98-ORD-6, a copy of which is attached hereto and incorporated by reference, is controlling on the facts presented. See 04-ORD-021 (because mental evaluation report prepared at KCPC is "properly characterized as a 'court record' and its distribution has been limited by court order, it is not accessible under the Open Records Act" )(copy attached). "Simply stated, disputes relating to access to court records must be resolved by the court." 98-ORD-6, 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.