NOT TO BE PUBLISHED
96-ORD-36
February 9, 1996
In re: B.D. Harrell/Webster County Circuit Court Clerk
OPEN RECORDS DECISION
This matter comes to the Attorney General as an apparent appeal by B.D. Harrell relative to his attempts to obtain copies of various documents from the Webster County Circuit Court Clerk. Mr. Harrell requested various documents from the Circuit Court Clerk 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 held "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 Webster County Circuit Court Clerk did not violate the terms and provisions of the Kentucky Open Records Act. 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.
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 B. MAJORS
ASSISTANT ATTORNEY GENERAL
ABM:tmg
Distributed to:
B.D. Harrell
Tell It Like It Is Newspaper
1329 Clay Street
Henderson, Kentucky 42420
Connie Jones Townsend, Clerk
Webster Circuit Court
Webster County Courthouse
P.O. Box 217
Dixon, Kentucky 42409