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24-ORD-227

October 21, 2024

In re: Dante Stone/Louisville Metro Government

Summary: The Open Records Act (“the Act”) does not apply to the
Jefferson County Circuit Court Clerk (the “Clerk”).

Open Records Decision

On September 1, 2024, inmate Dante Stone (“Appellant”) submitted a request
to the Clerk for copies of all pro se filings related to a particular case. Having received
no response by September 17, 2024, 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 was not required to respond to the request. See 98-
ORD-6. Accordingly, the Office dismisses the appeal.1

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
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.

1
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 Oct. 21, 2024).Russell Coleman

Attorney General

/s/ Zachary M. Zimmerer

Zachary M. Zimmerer

Assistant Attorney General

#391

Distributed to:

Dante’ Corvette Stone #204434
David L. Nicholson

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:
Dante Stone
Agency:
Louisville Metro Government
Type:
Open Records Decision
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