January 30, 1997

In re: Billy Barnett/Calloway Circuit Court Clerk

Open Records Decision

This matter having been presented to the Attorney General in an open records appeal, and the Attorney General being sufficiently advised, we find that the Calloway County Circuit Court Clerk is not bound by the provisions of the Kentucky Open Records Act, and therefore cannot be said to have violated the provisions of the Act by failing to respond to Mr. Barnett's request. We believe that 96-ORD-173, a copy of which is attached hereto and incorporated by reference, is controlling.

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. Pursuant to KRS 61.880(3), the Attorney General should be notified of any action in circuit court, but should not be named as a party in that action or in any subsequent proceeding.

A. B. Chandler III

Attorney General

Amye L. Bensenhaver

Assistant Attorney General



Distributed to:

Billy Barnett, Jr. #119014

Western Kentucky Correctional Complex

P.O. Box 5000

Eddyville, Kentucky 42038-5000

Ann Wilson

Calloway Circuit Court Clerk

Miller Courthouse Annex

201 South 4th Street

Murray, Kentucky 42071