NOT TO BE PUBLISHED

95-ORD-101

July 12, 1995

IN RE: Jimmy Lee Curtis/Monroe County Circuit Court Clerk's Office

OPEN RECORDS DECISION

This matter comes to the Attorney General as an apparent appeal by Jimmy Lee Curtis relative to his attempts to obtain copies of various documents from the Monroe County Circuit Court Clerk's Office.

A request was made by Mr. Curtis to the Circuit Court Clerk's Office for copies of specific documents and the clerk's office has not or will not furnish the items requested.

This office has consistently concluded that records of the court system are not governed by the terms and provisions of the Open Records Act. In Ex Parte Farley, Ky., 570 S.W.2d 617, 624 (1978), the Kentucky Supreme Court said "that the custody and control of the records generated by the courts in the course of their work are inseparable from the judicial function itself, and are not subject to regulation." See also York v. Commonwealth, Ky.App., 815 S.W.2d 415 (1991); KRS 26A.200 and KRS 26A.220; and 94-ORD-105.

We, therefore, conclude that the Monroe County Circuit Court Clerk's Office did not violate the terms and provisions of the Kentucky Open Records Act as KRS 61.870 through KRS 61.884 are not applicable to the records of the court system. Such records are subject to the control and direction of the Kentucky Supreme Court.

Mr. Curtis may challenge this decision by initiating action in the appropriate circuit court pursuant to KRS 61.880(5) and KRS 61.882 within thirty days from the date of this decision. The Attorney General shall be notified of any actions filed in the circuit court pursuant to KRS 61.880(3) but that statute also provides that the Attorney General shall not be named as a party in any actions involving the Open Records Act.

CHRIS GORMAN

ATTORNEY GENERAL

Amye B. Majors

Assistant Attorney General

(502) 564-7600

ABM:tmg

Copies of this decision have been mailed to:

Joyce Emberton

Monroe County Circuit Court Clerk

P.O. Box 245

Tompkinsville, Kentucky 42167

Jimmy Lee Curtis

#114974

Green River Correctional Complex

1200 River Road

Box 9300

Central City, Kentucky 42330