Opinion
Opinion By: Jack Conway, Attorney General; Michelle D. Harrison, Assistant Attorney General
Open Records Decision
The question presented in this appeal is whether the Garrard Circuit Court Clerk violated the Kentucky Open Records Act in denying Eric K. Snodgrass's undated "motion" requesting copies of the "Indictment, Trial transcript of record and evidence, Bill of Particulars, Judgment, . . . and Court testimony pertaining to" Case Nos. 96-CR-50 and 97-CR-6, as well as "any and all sentencing phase hearings." On June 15, 2011, the Clerk advised Mr. Snodgrass that he "should contact his attorney to obtain records in these cases." Despite having no statutory obligation to do so, Garrard Circuit Court Judge Hunter Daugherty subsequently explained that "it is not the responsibility of the clerk to make copies of all the records when the defendant has failed to comply with RCr 11.42," in responding to his appeal. This office finds that no violation of the Open Records Act occurred inasmuch as the courts are not subject to, and thus cannot be said to have violated the provisions of the Open Records Act in the disposition of Mr. Snodgrass's request.
Because records in the custody of district and circuit court clerks are properly characterized as court records, to which the Open Records Act does not apply, rather than public records within the meaning of KRS 61.870(2), the Attorney General has long recognized that district and circuit court clerks are not subject to the provisions of the Open Records Act; consequently, the Garrard Circuit Court Clerk cannot be said to have violated the Act relative to Mr. Snodgrass's request. The analysis contained in 98-ORD-6, a copy of which is attached hereto and incorporated by reference, is controlling on the facts presented. "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.