19-ORD-046

Opinion

Opinion By: Andy Beshear,Attorney General;Gordon Slone,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 Pulaski Circuit Court Clerk is not bound by the provisions of the Kentucky Open Records Act, and therefore cannot be said to have violated the provisions of the Act by failing to respond to Michael Sallee's request for copies of court records relating to him. A prior open record decision, 98-ORD-06, a copy of which is attached hereto and incorporated by reference, is controlling.

A party aggrieved by this decision may appeal it 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 shall be notified of any action in circuit court, but shall not be named as a party in that action or in any subsequent proceeding.

LLM Summary
The Attorney General's decision concludes that the Pulaski Circuit Court Clerk is not subject to the Kentucky Open Records Act, based on the precedent set by 98-ORD-006. Therefore, the Clerk did not violate the Act by not responding to a request for copies of court records. The decision allows for an appeal to be made in the appropriate circuit court.
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Requested By:
Michael Sallee
Agency:
Pulaski Circuit Court Clerk
Type:
Open Records Decision
Lexis Citation:
2019 Ky. AG LEXIS 49
AG Original File:
Original on AG Site
Cites:
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