NOT TO BE PUBLISHED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