02-ord-238 December 10, 2002 In re: Ernest Schnitzler / Boone Circuit Court Clerk Open Records Decision

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December 10, 2002

In re: Ernest Schnitzler / Boone 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 Boone 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 Ernest Schnitzler’s request for a copy of records generated at his October 2, 2001, revocation hearing. We believe that 98-ORD-6, a copy of which is attached hereto and incorporated by reference, is controlling.

With reference to Mr. Schnitzler’s assertion that the clerk failed to honor Judge Joseph Bamberger’s August 14, 2002, order to provide him with a copy of these records, we note that the Attorney General has no authority to enforce the court’s order or otherwise compel the clerk to provide him with the records.
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.
Albert B. Chandler III

Attorney General

Amye L. Bensenhaver

Assistant Attorney General

Distributed to:
Ernest Schnitzler, #153593

Marion Adjustment Center

S.M.U.-Bed #122-A

95 Raywick Rd.

St. Mary, KY 40063
Pat Gutzeit, Clerk

Boone Circuit Court

Administration Building

2950 E. Washington Square

P.O. Box 480

Burlington, KY 41005-0480

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