NOT TO BE PUBLISHED

96-ORD-169

August 6, 1996

In re: Roy Tyler/Lyon 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 Lyon 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 Mr. Tyler's request. We believe that 96-ORD-104, a copy of which is attached hereto and incorporated by reference, is controlling.

A party aggrieved by this decision may appeal it by initiating action in the appropriate circuit court. Pursuant to KRS 61.880(3), the Attorney General shall be notified of any action in circuit court, but shall not be named as a party in that action or in any subsequent proceedings.

A. B. CHANDLER III

ATTORNEY GENERAL

AMYE L. BENSENHAVER

ASSISTANT ATTORNEY GENERAL

aps/832

Enclosure

Distributed to:

Roy Tyler, #115925

D-1-15

Western Kentucky Correctional Complex

P.O. Box 5000

Eddyville, Kentucky 42038-5000

James C. Campbell, Clerk

Lyon County Courthouse

P.O. Box 565

Eddyville, Kentucky 42038