NOT TO BE PUBLISHED

97-ORD-106

June 30, 1997

In re: Art Anderson/ Laurel 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 Laurel 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 Art Anderson'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

#640

Enclosure

Distributed to:

Art Anderson

P. O. Box 3014

Somerset KY 42564

Hon. Roderick Messer

Judge

Laurel Circuit Court

Laurel County Courthouse

London KY 40741

Roger Schott

Laurel Circuit Court Clerk

P. O. Box 1798

London KY 40743-1798