21-ORD-205 | KOGC

Opinion

Opinion By: Daniel Cameron, Attorney General; James M. Herrick, Assistant Attorney General

Open Records Decision

Randy Skaggs ("Appellant") requested copies of two recorded hearings from the Clerk. After receiving no response from the Clerk, the Appellant initiated this appeal.

Although KRS 61.880(2) charges the Attorney General with the duty to resolve disputes regarding access to public records, the Act is not binding on the judicial branch. Ex parte Farley , 570 S.W.2d 617, 624 (Ky. 1978). Because the Act does not apply to court records, the Clerk, who is the custodian of the requested court records, was not required to respond to the request. See 98-ORD-6 (copy attached). Accordingly, this Office dismisses the appeal.

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 regarding a request for copies of recorded hearings from a Clerk. The dismissal was based on the principle that the Open Records Act does not apply to judicial records, as supported by the cited 98-ORD-006. The decision clarifies that the Clerk, as the custodian of court records, was not obligated to respond to the open records request.

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