Opinion
Opinion By: Andy Beshear,Attorney General;Michelle D. Harrison,Assistant Attorney General
Open Records Decision
Charlie Dorris initiated this appeal by letter dated November 15, 2016, challenging the failure of the Oldham County Circuit Court Clerk to issue a timely written response per KRS 61.880(1) upon receipt of his request for a copy of "the RCr 2.02 Criminal Complaint submitted by Affriant [sic], Charlie Dorris # 185012; and the file number assigned thereto; and any and all responses from the District Court as well as the Oldham County Attorney's [notification] of Complaint. " Upon receiving notification of Mr. Dorris' appeal from this office, Chief Deputy Stephen Kaelin, Office of the Oldham County Circuit Court Clerk, responded on behalf of the Circuit Court Clerk. 1 Mr. Kaelin advised that Mr. Dorris' "Criminal Complaint" was forwarded to the Oldham County Attorney's Office per the Circuit Court Clerks' Manual and the corresponding Kentucky Rule of Criminal Procedure, RCr 2.02, and further confirmed that the Oldham County Attorney's Office had "acknowledged receipt and possession of" his correspondence. Accordingly, Mr. Kaelin explained that any further inquiries regarding the status of any pending action should be directed to the Oldham County Attorney's Office, the mailing address for which Mr. Kaelin also provided consistent with KRS 61.872(4).
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 Oldham County Circuit Court Clerk cannot be said to have violated the Act relative to Mr. Dorris' request nor is further discussion warranted. 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 must be notified of any action in circuit court, but should not be named as a party in that action or in any subsequent proceeding.
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