24-ORD-234
November 8, 2024
In re: Thomas Bunton/Warren Circuit Court Clerk
Summary: The Open Records Act (“the Act”) does not apply to the
Warren Circuit Court Clerk (the “Clerk”).
Open Records Decision
Inmate Thomas Bunton (“Appellant”) submitted a request to the Clerk for
copies of “the final report” and “empaneling order which shows the” signatures of the
grand jury in his criminal case. Having construed the Appellant’s request as a filing
in his criminal case, a Warren Circuit Judge entered an order denying the Appellant’s
request. 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 honor the Appellant’s 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 November 8, 2024).Russell Coleman
Attorney General
/s/ Zachary M. Zimmerer
Zachary M. Zimmerer
Assistant Attorney General
#408
Distributed to:
Thomas Lee Bunton #115708
Brandi Duvall