26-ORD-015 – Joshua Campbell/Fayette Circuit Court Clerk

Opinion Content:

January 15, 2026

In re: Joshua Campbell/Fayette Circuit Court Clerk

Summary: The Open Records Act (“the Act”) does not apply to records
of the Fayette Circuit Court Clerk (“the Clerk”).

Open Records Decision

On January 6, 2026, Joshua Campbell (“the Appellant”) submitted a request to
the Clerk for “inspection and copies of the complete official case record” for a specific
case. In response, the Clerk stated the Appellant could inspect the records and make
copies at any time during business hours. This appeal followed.

Although KRS 61.880(2) charges the Attorney General with the duty to resolve
disputes regarding access to public records, the Act is not binding on the judicial
branch. Ex parte Farley, 570 S.W.2d 617, 624 (Ky. 1978). Because the Act does not
apply to court records, the Clerk, who is purportedly the custodian of the requested
records, was not required to respond to the request. See 98-ORD-6. Accordingly, the
Office dismisses the appeal.

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 within 30 days
from the date of this decision. Pursuant to KRS 61.880(3), the Attorney General shall
be notified of any action in circuit court, but shall not be named as a party in that
action or in any subsequent proceedings. The Attorney General will accept notice of
the complaint emailed to [email protected].

Russell Coleman
Attorney General

/s/ James M. Herrick
James M. Herrick
Assistant Attorney General

Mr. Joshua Campbell
Vince Riggs, Clerk