21-ORD-110 | KOGC

Opinion

Opinion By: Daniel Cameron, Attorney General; Marc Manley, Assistant Attorney General

Open Records Decision

Inmate Michael DeSpain ("Appellant") submitted a request to Judge Perry to inspect certain records. Having received no response, he subsequently appealed to this Office.

Although the Attorney General is statutorily charged with the duty to resolve disputes concerning access to public records under KRS 61.880(2), the Act has no application to the judicial branch. Ex parte Farley , 570 S.W.2d 617 (Ky. 1978). Since circuit court judges, including Judge Perry, are not bound by the provisions of the Act, this Office cannot find that Judge Perry violated the Act by failing to respond to the Appellant's request. See 98-ORD-6. Thus, the appeal is dismissed.

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

In this decision, the Attorney General dismissed an appeal by inmate Michael DeSpain who had requested to inspect certain records from Judge Perry but received no response. The decision explains that the judicial branch, including circuit court judges, is not subject to the Kentucky Open Records Act. Therefore, Judge Perry did not violate the Act by failing to respond to the request, leading to the dismissal of the appeal.

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