NOT TO BE PUBLISHED
December 15, 1994
In Re: Barry Scott/Hon. Ron Daniels, McCracken Circuit Court
OPEN RECORDS DECISION
This matter comes to the Attorney General as a purported appeal by Barry Scott as a result of his attempts to persuade the McCracken Circuit Court to order the release to him of various documents apparently in the custody of the circuit court clerk's office.
It appears that the McCracken Circuit Court entered an order denying Barry Scott's request and he is attempting to invoke the provisions of the Open Records Act (KRS 61.870 to KRS 61.884) as justification and authority for the Attorney General to review what transpired in the circuit court.
While there are provisions and procedures to properly bring a denial of a request to obtain public records from a public agency before the Attorney General, none of the requirements of KRS 61.880 have been followed in this situation. There are also procedures to directly appeal a denial of a request to the circuit court (KRS 61.882) and provisions whereby a decision of the Attorney General may be appealed to the circuit court. See KRS 61.880(5) and KRS 61.882. There are, however, no provisions permitting the Attorney General to review a decision or ruling of the circuit court on any matter pertaining to the Open Records Act.
We, therefore, conclude that there is nothing for this office to review under the Open Records Act as we have no authority to review a decision or ruling of the circuit court. No valid appeal under the Kentucky Open Records Act has been presented by Barry Scott to the Attorney General. See 93-ORD-147, copy enclosed.
Barry Scott may challenge this decision by initiating action in the appropriate circuit court pursuant to KRS 61.880(5) and KRS 61.882. The Attorney General shall be notified of any actions filed in the circuit court pursuant to KRS 61.880(3) but the statute also provides that the Attorney General shall not be named as a party in any actions involving the Open Records Act.
Thomas R. Emerson
Assistant Attorney General
Copies of this decision
have been mailed to:
Barry Scott #92984
Kentucky State Penitentiary
P.O. Box 128
Eddyville, Kentucky 42038-0128
Hon. James Ron Daniels
McCracken Circuit Judge, Divison II
301 S. Sixth Street
Paducah, Kentucky 42003