03-ord-244 December 12, 2003 In re: Augustus Kern/Campbell Circuit Court Clerk Open Records Decision




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03-ORD-244
December 12, 2003

In re: Augustus Kern/Campbell 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 Campbell Circuit Court Clerk is not bound by the provisions of the Kentucky Open Records Act, and therefore did not violate the Act in the disposition of Augustus Kern’s October 8, 2003 requests for “the full discovery concerning case no. 02-CR-00395” and the “videotape arraignment and preliminary hearings concerning case no. 02-CR-00395.” It is the decision of this office that 98-ORD-6, a copy of which is attached hereto and incorporated by reference, is controlling. Although not statutorily bound to do so, the Campbell Circuit Court Clerk has provided Mr. Kern with those records in his custody which are responsive to the request and otherwise furnished him with guidance in his efforts to obtain additional records. Accordingly, we find that Mr. Kern’s appeal is meritless.
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

#493

Enclosure


Distributed to:
Augustus Kern, #165759

Northpoint Training Center

P.O. Box 479

Burgin, KY 40310


Tom Calme

Campbell Circuit Court Clerk

Courthouse

330 York Street



Newport, KY 41071



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