16-ORD-080 | KOGC

Opinion

Opinion By: Andy Beshear,Attorney General;Amye L. Bensenhaver,Assistant Attorney General

Open Records Decision

This matter having been presented to the Attorney General in an open records appeal, and the Attorney General being sufficiently advised, we find that the Logan Circuit Court Clerk did not violate the Open Records Act in the disposition of Donald Barker's March 11, 2016, request for a copy of his marriage license and his wife's last known address. In so holding, we rely on the legal analysis found in 16-ORD-079. As in the latter open records decision, the requester has been advised to redirect his request to the Logan County Clerk in whose custody the requested record resides. Further discussion is unnecessary.

Either party may appeal this decision 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.

LLM Summary

The Attorney General's decision finds that the Logan Circuit Court Clerk did not violate the Open Records Act when handling a request for a marriage license and address information. The decision follows the reasoning and legal analysis of a previous open records decision, 16-ORD-079, advising that the request should be directed to the appropriate custodian of the records, which in this case is the Logan County Clerk.

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