22-ORD-270
December 15, 2022
In re: Uriah Pasha/Gallatin Circuit Court Clerk
Summary: The Open Records Act (“the Act”) does not apply to records
of the Gallatin Circuit Court Clerk (“the Clerk”).
Open Records Decision
Uriah Pasha (“Appellant”) requested a copy from the Clerk of a docket sheet
from the Gallatin 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 record,
was not required to respond to the request. See 98-ORD-6. 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
#461
Distributed to:
Uriah Pasha, #092028
Tammy Trimble, Clerk
Laurie K. Givens, AOC