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Opinion

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

Open Records Decision

On April 17, 2022, Chad Heath ("Appellant") requested that AOC provide a copy of an "Anti-Bribery Registration Statement that was filed pursuant to the Foreign Corrupt Practices Act" by AOC's deputy general counsel. After receiving no response, 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, AOC, an agency of the Kentucky Court of Justice, 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.

LLM Summary
The decision dismisses an appeal regarding a request for an 'Anti-Bribery Registration Statement' from the Administrative Office of the Courts (AOC). It references 98-ORD-006 to affirm that the Kentucky Open Records Act does not apply to the judicial branch, including AOC. Therefore, AOC was not obligated to respond to the request, and the appeal is dismissed.
Disclaimer:
The Sunshine Law Library is not exhaustive and may contain errors from source documents or the import process. Nothing on this website should be taken as legal advice. It is always best to consult with primary sources and appropriate counsel before taking any action.
Requested By:
Chad Heath
Agency:
Administrative Office of the Courts
Type:
Open Records Decision
Lexis Citation:
2022 KY. AG LEXIS 105
Cites:
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