NOT TO BE PUBLISHED 

March 9, 1993

93-ORD-27

IN RE: William Finney/Carroll Circuit Court

OPEN RECORDS DECISION

This matter comes to the Attorney General on appeal from the actions of the Carroll Circuit Court relative to Mr. William Finney's request to inspect the records pertaining to Indictment Nos. 90-CR-016 and 91-CR-044. Mr. Finney, an inmate at Eastern Kentucky Correctional Complex indicates that on December 28, 1992, he submitted an open records request to Mr. William L. Wheeler, Clerk of the Carroll Circuit Court. He received a response from Ms. Yolanda Toole, Deputy Clerk, on January 11, 1993. Ms. Toole provided Mr. Finney with all available records pertaining to those indictments. Mr. Finney provided this Office with a copy of those records.

The single issue presented in this appeal is whether Ms. Toole's response violated the Open Records Act. In OAG 91-193, we addressed a similar issue. There we concluded that a court record requested by an inmate was not subject to the Open Records Act under the rule announced in Ex parte Farley, Ky., 570 S.W.2d 617 (1978). We believe that that Opinion, a copy of which is attached, is dispositive of the present appeal.

Mr. Finney may challenge this decision by initiating action in the appropriate circuit court pursuant to KRS 61.880(5) and KRS 61.882.

Sincerely,

CHRIS GORMAN

ATTORNEY GENERAL

AMYE B. MAJORS

ASSISTANT ATTORNEY GENERAL

93-ORD-27

lil/85

Attachment

Distributed to:

Mr. Wiliam L. Wheeler

Clerk, Carroll Circuit Court

Courthouse

Carrollton, Kentucky 41008

Mr. William Finney

Eastern Kentucky Correctional Complex

P. O. Box 636

West Liberty, Kentucky 41472

-2-