, Corbin, KY

November 14, 2013

Open Records Act not violated by circuit clerk, Corbin, KY

CORBIN — By LeeAnn Cain / Staff Writer

An open records appeal by Mark Sennett received a response from Attorney General Jack Conway dated Nov. 6 and states that Laurel County Circuit Clerk Roger Schott is not bound by, and therefore did not violate, the Open Records Act.

Sennett was indicted in 2007 for first-degree possession of a controlled substance, possession of a firearm by a convicted felon, prescription drugs not in proper container, second-degree possession of a controlled substance, possession of drug paraphernalia, and driving under the influence. A plea agreement was eventually reached in that case.

Sennett sent a formal open records request to the circuit clerk’s office Sept. 27 for his plea agreement, final judgement, pre-sentence investigation, and the “bond release paperwork showing my release on bond from Laurel County.” Sennett received no written response, and initiated the appeal in a letter to Conway’s office dated Oct. 18.

According to the attorney general’s decision, records in the custody of district and circuit court clerks are characterized as “court records,” and the Open Records Act does not apply in cases concerning court records. According to the decision, “The Attorney General has consistently recognized that neither district court clerks nor circuit court clerks are subjected to the Open Records Act.”

The attorney general added that Schott did not violate the Open Records Act by not responding “within three business days of receipt.”

Sennett may now appeal this decision.