04-ord-243 December 20, 2004 In re: Johnny Penn/Boone District and Circuit Court Clerk Open Records Decision




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04-ORD-243
December 20, 2004

In re: Johnny Penn/Boone District and Circuit Court Clerk


Open Records Decision
At issue in this appeal is whether Pat Gutzeit, Boone District and Circuit Clerk, violated the Kentucky Open Records Act in failing to respond to the request of Johnny Penn to inspect all motions filed by or on behalf of Mr. Penn to have his bond reduced or reconsidered and any court orders denying such motions in relation to case nos. 01-CR-00264 and 02-CR-00018. As long recognized by the Attorney General, neither circuit court clerks nor district court clerks are bound by the provisions of the Open Records Act insofar as records in the hands of the clerk are court records. It necessarily follows that the Boone District and Circuit Court Clerk did not violate the Act in failing to respond. 98-ORD-6, a copy of which is attached hereto and incorporated by reference, is controlling on this issue.
A party aggrieved by this decision may appeal it by initiating an 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.
Gregory D. Stumbo

Attorney General

Michelle D. Harrison

Assistant Attorney General

#506
Distributed to:
Johnny Penn, #170727

Eastern Kentucky Correctional Complex

200 Road to Justice

West Liberty, KY 41472


Pat Gutzeit

141 Justice Center

6025 Rogers Lane

Burlington, KY 41005





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