22-ORD-233

October 31, 2022

In re: James Clemons/Garrard Circuit Court Clerk

Summary: The Open Records Act (“the Act”) does not apply to records
of the Garrard Circuit Court Clerk (“the Clerk”).

Open Records Decision

James Clemons (“Appellant”) requested copies from the Clerk of certain grand
jury records of the Garrard Circuit Court. 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 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.Daniel Cameron

Attorney General

s/ James M. Herrick

James M. Herrick

Assistant Attorney General

#398

Enclosure

Distributed to:

James Clemons, #172559
Dana Hensley, Clerk
Laurie K. Givens, AOC

LLM Summary

In 22-ORD-233, the Attorney General ruled that the Open Records Act does not apply to the records of the Garrard Circuit Court Clerk. The decision was based on the principle that the judicial branch is not bound by this Act, as supported by previous decisions such as 98-ORD-006. Consequently, the Clerk was not obligated to respond to the request for grand jury records, and the appeal was dismissed.

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