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 Jefferson Circuit Court Clerk violated the Kentucky Open Records Act in failing to issue a timely written response upon receipt of Claudman Anderson's March 30, 2015 request for a copy of the "current case history under Case No. 81-CR-674 and status report." 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, the Attorney General has long recognized that neither district nor circuit court clerks are subject to the provisions of the Open Records Act; accordingly, the Jefferson Circuit Court Clerk cannot be said to have violated the Act relative to Mr. Anderson's request. The analysis contained in 98-ORD-6, a copy of which is attached hereto and incorporated by reference, is controlling on this issue. "Simply stated, disputes relating to access to court records must be resolved by the court." 98-ORD-6, p. 2.
Either party may appeal this decision by initiating action in the appropriate circuit court under 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.
# 185
Distributed to:
Claudman Anderson, # 083427David Nicholson