NOT TO BE PUBLISHED

97-ORD-60

April 9, 1997

In re: Lanny Miller/Warren 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 Warren 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. Miller'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

309

Enclosure

Distributed to:

Lanny Miller #27742

D1-BU-16

Green River Correctional Complex

1200 River Road

P.O. Box 9300

Central City, Kentucky 42330

Pat Goad, Clerk

Warren Circuit & District Courts

925 Center Street Justice Center

P.O. Box 2170

Bowling Green, Kentucky 42102-2170