NOT TO BE PUBLISHED

97-ORD-5

January 15, 1997

In re: Erik Snoen/Fayette 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 Fayette 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. Snoen's request. We believe that 96-ORD-173, 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(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 L. Bensenhaver

Assistant Attorney General

1484

Enclosure

Distributed to:

Erik Snoen #106758

Eastern Kentucky Correctional Complex

P.O. Box 636

West liberty, Kentucky 41472

Robert M. True

Fayette Circuit Court Clerk

Fayette County Courthouse

215 West Main Street

Lexington, Kentucky 40507