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AP XVII, Sec. 4 General public access to administrative records of the AOC

Baldwin's Kentucky Revised Statutes AnnotatedAdministrative Procedures of the Court of Justice

Baldwin's Kentucky Revised Statutes Annotated
Administrative Procedures of the Court of Justice
Part XVII. Open Records Policy of the Administrative Office of the Courts
Administrative Procedures, Sec. 4
AP XVII, Sec. 4 General public access to administrative records of the AOC
(1) Administrative records. Administrative records of the AOC are open for public access except the following:
(a) Records and information the disclosure of which is prohibited by federal law or regulation;
(b) Records and information the disclosure of which is prohibited or restricted or otherwise made confidential by Kentucky law or court order;
(c) Records which constitute the following:
(i) Preliminary and draft reports, documents, records, evaluations, investigations, and audits or compliance reviews, including materials prepared by a consultant;
(ii) Advisory opinions, recommendations, notes, drafts, work product, and deliberations relied upon to make decisions, take official actions, or formulate policy and procedure;
(iii) Notes, outlines, memoranda, and similar preliminary materials;
(iv) Any correspondence transmitted by any means, including electronic, that is not a formal declaration of policy or procedures, or is not intended to give notice of a final official action, or is not a formal record of a transaction or a receipt;
(v) The work product of any attorney employed by or representing the Court of Justice generated in the regular course of business or representation of the Court of Justice;
(d) Legal research and analysis;
(e) Records containing information of a personal nature the disclosure of which would constitute a clearly unwarranted invasion of personal privacy;
(f) Records, the disclosure of which would have a reasonable likelihood of threatening the public safety by exposing vulnerability in preventing, protecting against, mitigating, or responding to a terrorist act and limited to:
(i) Criticality lists resulting from consequence assessments;
(ii) Vulnerability assessments;
(iii) Antiterrorism protective measures and plans;
(iv) Counterterrorism measures and plans;
(v) Security and response needs assessments;
(vi) Infrastructure records that expose a vulnerability referred to in this subsection through the disclosure of the location, configuration, or security of critical systems, including public utility critical systems. These critical systems shall include but not be limited to information technology, communication, electrical, fire suppression, ventilation, water, wastewater, sewage, and gas systems;
(g) The following records when their disclosure will expose a vulnerability referred to in subsection (f) of this section: detailed drawings, schematics, maps, or specifications of structural elements, floor plans, and operating, utility, or security systems of any building or facility owned, occupied, leased, or maintained by a government entity;
(h) Records when their disclosure will expose a vulnerability referred to in subsection (f) and that describe the exact physical location of hazardous chemical, radiological, or biological materials;
(i) Test questions, scoring keys, and other examination data used in administering examinations for employment or elected office;
(j) Test scores of a person if the person is identified by name and has not consented to the release of his or her scores;
(k) With respect to the Circuit Court Clerk's examination administered pursuant to Section 100 of the Kentucky Constitution and SCR 1.060, the following information will not be disclosed: Names of examination registrants, names of unsuccessful examinees, examination scores, examination questions, scoring keys, and any materials used in the development and preparation of the examination;
(l) The contents of real estate appraisals, engineering or feasibility estimates, and evaluations made by or for the Court of Justice or other government entity relative to acquisition of property, until such time as all of the property has been acquired;
(m) Any information or files the disclosure of which is prohibited by the Personnel Policies for the Kentucky Court of Justice (Administrative Procedures of the Court of Justice Part III);
(n) Any document or record protected by attorney/client privilege;
(o) Email addresses of justices, judges, and their staff;
(p) Documents, records, or information including, but not limited to, security plans or security recordings, the disclosure of which could jeopardize the safety of judges, court staff, jurors, or the public, or could jeopardize the integrity of the court's facilities, records, or the court's administration of justice and its operations;
(q) Diaries, journals, or other personal notes serving as the functional equivalent of a diary or journal;
(r) Administrative or technical information the disclosure of which would jeopardize a record-keeping or security system;
(s) Computer programs, computer codes, computer filing systems, or other software that are developed or owned by or licensed to the Court of Justice or entrusted to it;
(t) Lists of employees of the Court of Justice, if requested for a commercial purpose;
(u) Records confidentially disclosed to the AOC or required by the AOC to be disclosed to it, generally recognized as confidential or proprietary, which if openly disclosed would permit an unfair commercial advantage to competitors of the entity that disclosed the records.
(2) Personal identifying information, including social security numbers, drivers' license numbers, dates of birth, home addresses, personal email addresses, personal phone numbers, passwords, and financial account numbers, should be redacted from administrative records prior to complying with a request for public access.
(3) Case records. Requests for case records or case-related information must be made to the clerk of the applicable court.

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HISTORY: Adopted by Order 2017-09, eff. 8-10-17
Administrative Procedures, Sec. 4, KY ST ADMIN P Sec. 4
Current with amendments received through May 1, 2020.
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