Opinion
Opinion By: Jack Conway, Attorney General; Michelle D. Harrison, Assistant Attorney General
Open Records Decision
James Wellman initiated this appeal by letter dated June 22, 2015, challenging the failure of the Campbell Circuit Court Clerk to issue a timely written response upon receipt of his May 14, 2015, request for a copy of "my Judgment and [Sentence] on indictment # 12-CR-00498 and my [PSI] and a [c]ase history sheet on this same indictment # 12-CR-00498." Because records in the custody of 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 circuit court clerks are not subject to the provisions of the Open Records Act; consequently, the inaction of the Campbell Circuit Court Clerk relative to Mr. Willman's request did not violate the Act. 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 per 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.