Opinion
Opinion By: Jack Conway, Attorney General; Michelle D. Harrison, Assistant Attorney General
Open Records Decision
Orenthal Mitchell initiated this appeal by letter dated July 17, 2015, challenging the inaction of the Jefferson Circuit Court Clerk upon receipt of his June 11, 2015, request for "a copy of any and all Child Support Orders; Visitation & Custody Orders and Judgments that have been entered from Jefferson County in reference to me." Because records in the custody of circuit and district 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 circuit nor district 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 Open Records Act in failing to issue a timely written response to Mr. Mitchell's request as otherwise required under KRS 61.880(1). 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.