24-ORD-202
September 24, 2024
In re: Jon Griggs/McCracken County Circuit Court Clerk
Summary: The Open Records Act (“the Act”) does not apply to the
McCracken County Circuit Court Clerk (the “Clerk”).
Open Records Decision
Jon Griggs (“Appellant”) submitted a request to the Clerk for copies of certain
correspondence, documents, and video related to a particular case. The Appellant
further requested video of the courthouse lobby at a particular date and time. In a
timely response, the Clerk denied the request because it is an “agency of the Kentucky
Court of Justice” and is “not subject to statutory regulation,” including the Act.”1 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 was not required to respond to the request. See 98-
ORD-6. Accordingly, the Office dismisses the appeal.2
A party aggrieved by this decision may appeal it by initiating an action in the
appropriate circuit court under KRS 61.880(5) and KRS 61.882 within 30 days from
the date of this decision. Under KRS 61.880(3), the Attorney General shall be notified
1
The Clerk also advised the Appellant that it is not the custodian of the lobby video and that the
Administrative Office of the Courts is the custodian of the requested record. See KRS 61.872(4).
2
The Office notes that the Supreme Court of Kentucky has adopted its own policies and procedures
for requesting copies of court records from the judicial branch. Information on requesting court records
is posted on the Court of Justice website at https://www.kycourts.gov/Pages/open-records-request.aspx
(last accessed September 24, 2024).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
emailed to OAGAppeals@ky.gov.
Russell Coleman
Attorney General
/s/ Matthew Ray
Matthew Ray
Assistant Attorney General
#358
Distributed to:
Jon Griggs
Kim Channell