NOT TO BE PUBLISHED 

93-ORD-54

May 5, 1993

IN RE: Robert Sanders/Jefferson Circuit Court

OPEN RECORDS DECISION

This matter comes to the Attorney General on appeal from the actions of the Jefferson Circuit Court relative to Mr. Robert Sanders' request to inspect the records pertaining to Indictment No. 82-CR-124. Mr. Sanders, an inmate at Kentucky State Reformatory, indicates that on April 8, 1993, he submitted an open records request to the Jefferson Circuit Court. He received a response from the Clerk on April 16, 1993. The Clerk advised him that his affidavit of indigence did not entitle him to free copies.

The single issue presented in this appeal is whether the Jefferson Circuit Court Clerk's response violated the Open Records Act. In OAG 91-193, we addressed a similar issue. There we concluded that a court record requested by an inmate was not subject to the Open Records Act under the rule announced in Ex parte Farley, Ky., 570 S.W.2d 617 (1978). We believe that that Opinion, a copy of which is attached, is dispositive of the present appeal.

Mr. Sanders may challenge this decision by initiating action in the appropriate circuit court pursuant to KRS 61.880(5) and KRS 61.882.

CHRIS GORMAN

ATTORNEY GENERAL

AMYE B. MAJORS

ASSISTANT ATTORNEY GENERAL

jgh/624

Attachment

Distributed to:

Mr. Tony Miller, Clerk

Jefferson Circuit Court

2nd Fl., Hall of Justice

600 W. Jefferson St.

Louisville, KY 40202

Mr. Robert Sanders, #83247

Kentucky State Reformatory

3001 W. Hwy. 146

LaGrange, KY 40032