Request By:
Mr. Jacta E. Alea
Jennifer Rankin, Clerk
Opinion
Opinion By: Daniel Cameron,Attorney General;James M. Herrick,Assistant Attorney General
Open Records Decision
On March 8, 2022, Jacta E. Alea ("Appellant") submitted a request to the Clerk for copies of records pertaining to his pending criminal case in the Henry Circuit Court. In response, the Clerk provided him a copy of the complete case file. On March 10, 2022, the Appellant requested a copy of the grand jury minutes or transcript pertaining to his case. The Clerk replied that her office was not the custodian of those records, and gave the Appellant the address and phone number of the Commonwealth's Attorney's office. This appeal followed.
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 within 30 days from the date of this decision. 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 proceedings. The Attorney General will accept notice of the complaint e-mailed to OAGAppeals@ky.gov.