23-ORD-012

January 26, 2023

In re: James Harrison/Administrative Office of the Courts

Summary: The Open Records Act (“the Act”) does not apply to records
of the Administrative Office of the Courts (“AOC”).

Open Records Decision

On March 27, 2022, and November 27, 2022, James Harrison (“Appellant”)
submitted a request to AOC for a copy of a specific search warrant. 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. 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

#486

Distributed to:

James Harrison, #095435
Ms. Laurie K. Dudgeon
Margaret Ivie, Esq.
Kimberly Hosea, Esq.

LLM Summary

In 23-ORD-012, the Attorney General decided that the Open Records Act does not apply to the Administrative Office of the Courts. This decision was based on the precedent set by 98-ORD-006, which established that judicial agencies are not covered by the Act. Consequently, the Administrative Office of the Courts was not required to respond to the records request, and the appeal was dismissed.

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