June 24, 1997

In re: Gary Dillard/Christian 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 Christian 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 Gary Dillard's request. We believe that 96-ORD-173, a copy of which is attached hereto and incorporated by reference, is controlling.

We note that despite the fact that the Christian Circuit Court Clerk is not bound by the Open Records Act, his office nevertheless promptly replied to Mr. Dillard's request, and furnished him with copies of all available records which satisfied his request. This comports with the view, eloquently expressed in Ex parte Farley, Ky., 570 S.W.2d 617, 625 (Ky. 78), that "whatever belongs to the courts belongs to the public . . . [and] there is very little in the Open Records Law that [the courts cannot] accept as a matter of comity."

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 toKRS 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:

Gary Dillard #119171

Green River Correctional Complex

P. O. Box 9300

Central City KY 42330

Gary Haddock

Christian Circuit Court Clerk

P. O. Box 635

Hopkinsville KY 42240