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 Butler Circuit Court Clerk violated the Kentucky Open Records Act in the disposition of Nicholas Staples' May 29, 2012, 1 request for "one (1) copy of the Grand Jury . . . proceedings of the witnesses that testified as these records is [sic] evidence that is relating [sic] to my conviction from the [Butler] Circuit Court under Case No[s.] 10-CR-110 and 10-CR-103." Upon receiving the notification of Mr. Staples' appeal from this office, Butler Circuit Court Clerk Melissa Caldwell forwarded this office a copy of her June 7, 2012, response to Mr. Staples' request in which she advised that she does "not possess Grand Jury proceedings" and referred him to Commonwealth's Attorney for the 38th Judicial Circuit Timothy Coleman for such records.
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 Butler Circuit Court Clerk cannot be said to have violated the Act relative to Mr. Staples' request. 2 On this issue, the analysis contained in 98-ORD-6, a copy of which is attached hereto and incorporated by reference, is controlling. "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.
Distributed to:
Nicholas Staples, # 199559Melissa Cardwell
Footnotes
Footnotes