NOT TO BE PUBLISHED
97-ORD-100
June 24, 1997
In re: Gary Dillard/Christian 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 Christian 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 Gary Dillard's
request. We believe that 96-ORD-173, a copy of which is attached
hereto and incorporated by reference, is controlling.
We note that despite the fact that the Christian Circuit Court
Clerk is not bound by the Open Records Act, his office
nevertheless promptly replied to Mr. Dillard's request, and
furnished him with copies of all available records which
satisfied his request. This comports with the view, eloquently
expressed in Ex parte Farley, Ky., 570 S.W.2d 617, 625
(Ky. 78), that "whatever belongs to the courts belongs to
the public . . . [and] there is very little in the Open Records
Law that [the courts cannot] accept as a matter of comity."
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 toKRS
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
#584
Enclosure
Distributed to:
Gary Dillard #119171
Green River Correctional Complex
P. O. Box 9300
Central City KY 42330
Gary Haddock
Christian Circuit Court Clerk
P. O. Box 635
Hopkinsville KY 42240