26-ORD-184 – Wayne Murphy/Greenup Circuit Court Clerk

Opinion Content:

April 30, 2026

In re: Wayne Murphy/Greenup Circuit Court Clerk

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

Open Records Decision

On March 11, 2026, Wayne Murphy (“Appellant”) submitted a records request
to the Clerk for “the Kings Daughter’s Medical Center video surveillance of July 14,
2004 related to [his] criminal case.” On March 30, 2026, the Appellant appealed the
Clerk’s “non-response/denial” of his request.

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 the custodian of the requested court records,
was not required to respond to the request. See 98- ORD-006. Accordingly, the Office
dismisses the appeal. 1

A party aggrieved by this decision may appeal it by initiating an action in the
appropriate circuit court under KRS 61.880(5) and KRS 61.882 within 30 days from
the date of this decision. Under 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].

1 On appeal, the Clerk states that it did not receive the Appellant’s request.

Russell Coleman
Attorney General

/s/ Matthew Ray
Matthew Ray
Assistant Attorney General

Wayne Murphey
Allen Reed
Michele Tackett
Melvin Leonhart
Matthew Warnock