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AP XVII, Sec. 2 Definitions

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. 2
AP XVII, Sec. 2 Definitions
For purposes of this administrative procedure, unless the context or subject matter otherwise requires:
(1) “Administrative Record” means documents, papers, discs, recordings, or other documentation, regardless of physical form or characteristics, created, received, or maintained by the AOC pertaining to the administration of the Court of Justice and not associated with any particular court case or cases. “Administrative records” do not include case records or compiled information.
(2) “AOC” means the Administrative Office of the Courts. This definition does not include the Supreme Court, Court of Appeals, Circuit Court, District Court, the Kentucky Office of Bar Admissions, the Judicial Conduct Commission, the Judicial Ethics Commission, or the Kentucky Bar Association and any of its affiliated entities.
(3) “Commercial purpose” means the direct or indirect use of any part of an administrative record or records, in any form, for sale, resale, solicitation, rent or lease of a service, or any use by which the user expects a profit either through commission, salary, or fee.
(a) “Commercial purpose” shall not include:
(i) Publication or related use of an administrative record by a newspaper, periodical, radio station, television station, or other media entity engaged in the aggregation, generation, and dissemination of reports on issues of public interest; or
(ii) Use of an administrative record in the preparation for prosecution or defense of litigation, or claims settled by the parties to such action, or the attorneys representing the parties.
(4) “Case Record” means documents, papers, discs, recordings, or other documentation created, received, or maintained by a court, court agency, or court clerk in connection with a particular court case or cases.
(5) “Compiled information” means statistical information that is derived from the selection, aggregation, or re-formation of some or all or a subset of all the information from more than one individual case record in electronic form. Statistical reports are available from the Division of Research and Statistics and can be requested on the Court of Justice website at www.courts.ky.gov.
(6) “Court of Justice” means the Kentucky Court of Justice as defined in Section 109 of the Kentucky Constitution.
(7) “Court” means the Kentucky Supreme Court, Court of Appeals, Circuit Court, Family Court, and District Court.
(8) “Custodian” means the Director of AOC or designee.
(9) “Public access” means the process whereby a person may inspect and/or obtain copies of an administrative record.
(10) “Terrorist act” means a criminal act intended to:
(a) Intimidate or coerce a government entity or all or part of the civilian population;
(b) Disrupt a system identified in Section 4(1)(f); or
(c) Cause massive destruction to a building or facility owned, occupied, leased, or maintained by a government entity.

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HISTORY: Adopted by Order 2017-09, eff. 8-10-17
Administrative Procedures, Sec. 2, KY ST ADMIN P Sec. 2
Current with amendments received through January 15, 2020.
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