Opinion
Opinion By: Jack Conway,Attorney General;Michelle D. Harrison,Assistant Attorney General
Open Records Decision
Uriah M. Pasha initiated this appeal by letter dated August 28, 2015, challenging the alleged inaction of the Rowan County District and Circuit Court Clerk to issue a timely written response upon receipt of his August 20, 2015, request for a "copy of the Criminal Complaint dated August 10, 2015, submitted for filing by [Uriah] Pasha # 092028, Affiant, in the case of Commonwealth of Kentucky v. Kim Davis (Rowan County Clerk)." 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 Rowan District/Circuit Court Clerk cannot be said to have violated the Act relative to Mr. Pasha's request. 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.
Footnotes
Footnotes
1 Nevertheless, Chief Deputy Clerk Kim Tabor provided a written response on behalf of the Office of Circuit Court Clerk upon receiving the notification of Mr. Pasha's appeal from this office. Ms. Tabor advised that the Office of Circuit Court Clerk had received a "typed criminal complaint on AOC form 315.1" and returned said complaint on the same day "with a note explaining that we were unable to fulfill his request due to incorrect filing." A few days later Mr. Pasha mailed a check in the amount of $ 1.00 along with a request for a copy of the complaint; however, the Office of Circuit Court Clerk returned his request and check upon receipt with a note attached explaining that said complaint was returned as it was not filed correctly.