Ky. Cir. Ct. Clerks' Manual INSPECTION OF RECORDS

50 INSPECTION OF RECORDS

50.1 Confidential Records

The following court records are confidential. Do not allow inspection by the public. For

persons entitled to inspection (for example: attorneys for parties, parties, government

agencies), refer to the specific section.

If you are in doubt as to whether to allow access to the records, ask the person to get a

court order permitting such access.

50.1.1 Adoption

KRS 199.570

EXCEPTIONS: A copy of a judgment in an adoption case being appealed may be made

available to a party to the appeal. Bone v. Shadoan, Ky., 746 SW2d 68 (1988). See

Adoptions. See Inspection of Adoption Records.

50.1.2 Autopsy Records

KRS 72.031

No autopsy photograph, or other visual image in whatever form, video recording, or audio

recording shall be open to the public unless the spouse or personal representative of the

decedent provides an express waiver to the state medical examiner, coroner, or other public

official in lawful possession of those materials to make those materials public.

50.1.3 Biological Evidence

RCr 13.15, KRS 524.140

RCr 13.15 requires a custodial agency holding biological evidence pursuant to a valid court

order to preserve that evidence for as long as the defendant remains incarcerated under a

sentence of death, life without parole, or life without parole for 25 years.

If biological evidence is tendered as an exhibit or is otherwise placed in your possession,

consult the judge for an order directing the return of the evidence to the proper custodial

agency for retention.

Biological evidence includes the content of sexual assault examination kits, and any item

that contains blood, semen, hair, saliva, skin tissue, fingernail scrapings, bone, bodily fluids,

or other identifiable biological material that is collected as part of a criminal investigation

which may reasonably be used to incriminate or exculpate any person for a criminal offense.

INSPECTION OF RECORDS

50.1.4 Disability

KRS 387.770

EXCEPTIONS:

• Determinations of Disability and Orders of Appointment, Modification, and

Termination are open to public inspection.

• The Kentucky State Police is entitled to inspect court orders pertaining to mental

health commitments or adjudications. KRS 237.108.

50.1.5 Domestic Violence and Interpersonal Protective Orders

KRS 403.745, KRS 403.727, KRS 456.070, KRS 456.035

NOTE: The address of the petitioner and the minor children is confidential in all domestic

violence and interpersonal protective order cases. When the case is filed “on behalf of a

minor,” or the petitioner or respondent is a minor, the case is confidential pursuant to the

procedures outlined in KRS 610.340.

See Domestic Violence and Interpersonal Protective Orders; also see Confidentiality Section

53.1.

50.1.6 Juvenile

KRS 610.320, 610.340

This includes records in circuit court on appeal from district court juvenile proceedings.

F.T.P. v. Courier-Journal, Ky., 774 S.W. 2d 444 (1989); and juvenile court records transferred

on court order to circuit court.

EXCEPTIONS:

• Records created once the case is transferred to circuit court are open to inspection.

KRS 640.010.

• Child and his/her parents may have access to the child's records. KRS 610.340(1).

• The child's attorney may have access to the record of their clients. KRS 610.340(3),

KRS 610.342. This includes the Department of Public Advocacy attorneys providing

post-disposition representation to a juvenile public or status offender, where the

attorney has provided a release signed by the child or his or her guardian

authorizing release of the records.

• A DPA attorney shall have access to the court file of a minor prior to representation

when the minor is in custody of the Department of Juvenile Justice and is residing in

a residential treatment or detention center.

• Employees of the Cabinet for Health and Family Services, prosecutors, police, and

their employees may have access to the records of cases in which they are

investigating or prosecuting. KRS 610.340(2).

INSPECTION OF RECORDS

• Juvenile justice agencies shall also share with each other all information they

maintain on a juvenile in a facility or a program or informal adjustment as

authorized by KRS 17.125.

• Members of the External Child Fatality Review Panel may have access to any records

of any family, circuit, or district court involvement with a deceased or injured child

and his/her caregivers, residents of the home and persons involved with the child at

the time of the incident that include juvenile and family court records and orders as

pursuant to KRS Chapters 199, 403, 405, 406, and 600 to 645; including petitions,

court reports by CHFS, GALs, CASA, and CFCRB; all orders of the court including

temporary, dispositional or adjudicatory; and any documentation of annual or any

other review by the court. KRS 620. Court appointed CASA volunteers may have

access to court files in which they are involved by reason of their appointment.

Victims, victim's parents or legal guardian, or victim's spouse may have access to the

petition, adjudication and disposition in all cases. If adjudicated delinquent, the

petition, adjudication and disposition in all cases involving a Class A, B or C Felony or

any offense involving a deadly weapon are public record.

• Criminal justice agencies conducting basic suitability or fitness assessments for

federal or contract employment under KRS 17.162, including: state and local police,

sheriffs, state and local correctional facilities, school resource officer departments,

airport safety and security departments, any agency or department employing a

state officer listed in KRS 15.420(2)(a)2, and any other state or local agency that

primarily performs criminal justice administration. This exception does not apply to

federal agency personnel such as military recruiters.

50.1.7 Exhibits - Cases Involving Child Pornography

KRS 531.305

In a criminal or civil proceeding, any property or material that portrays child

pornography or a sexual performance by a minor shall remain secured or locked in

the care, custody, and control of a law enforcement agency, or the prosecutor shall

not be filed with or stored by the court unless introduced as an exhibit for trial.

Storage of trial court exhibits portraying child pornography or a sexual performance

by a minor shall be in accordance with a court order.

No property or material that portrays child pornography or a sexual performance by

a minor (photograph, or other visual image in whatever form, video recording, or

audio recording) shall be open to the public. A defendant is entitled to any photos

filed in the court record unless the image is subject to the Adam Walsh Child

Protection and Safety Act of 2006, 42 U.S.C. Sec. 16901-16991, which prohibits

government entities from copying or disseminating child pornographic images in

relation to the prosecution of child sex offenses.

50.1.8 Mentally Ill (Involuntary) Hospitalization

KRS 202A.091

EXCEPTIONS:

INSPECTION OF RECORDS

• The Kentucky State Police is entitled to inspect COURT ORDERS pertaining to mental

health commitments or adjudications. KRS 237.108.

• An attorney appointed by the court or retained by the respondent is entitled to

inspect court records relating to the petition. KRS 202A.121.

50.1.9 Intellectual Disability Admission

KRS 202B.180

EXCEPTIONS:

• The Kentucky State Police is entitled to inspect COURT ORDERS pertaining to mental

health commitments or adjudications. KRS 237.108.

• An attorney appointed by the court or retained by the respondent is entitled to

inspect court records relating to the petition. KRS 202A.121.

50.1.10 Parole Information

KRS 439.510

Presentence Investigation Reports cannot be inspected. The court shall provide the

defendant’s counsel a copy of the report. It shall not be necessary to disclose the sources of

confidential information. KRS 532.050(6). The PSI shall not be part of the court record. It

should not pass through the hands of the clerk or anyone in the clerk’s office. Should you

discover the original or a copy of the PSI in the record, please consult the judge.

Because the Victim Impact Statement is considered to be a part of the PSI, it too should not

be filed into the court record unless ordered by the judge. If ordered to be filed, then it must

be sealed as it is a part of the PSI, which is a confidential document.

50.1.11 Paternity

KRS 406.035

50.1.12 Jury Records

KRS 29A.110

1. The contents of any records or papers used by AOC or the clerk in connection with the

jury selection process, unless required to be made public, are not to be disclosed. KRS

29A.110.

EXCEPTIONS: Contents of jury selection records may be disclosed when you receive:

• a motion permitted by the rules of civil or criminal procedure; or

• an order from the Chief Justice.

2. Juror Qualification Forms. AP II Sec. 7(7). The trial judge, parties, and their attorneys of

record may inspect the forms unless the chief circuit judge or designee determines in any

INSPECTION OF RECORDS

instance in the interest of justice that the information shall be kept confidential or its use

limited in whole or in part. The chief circuit judge or designee may order you to redact

information on qualification forms.

3. Randomized jury lists are confidential.

4. Names of jurors selected for grand jury and petit (trial) jurors are not confidential.

NOTE: Once a jury has been selected to hear a case or for grand jury service, the selected

jurors’ names are not confidential. However, before providing those names please check

with your chief circuit Judge.: In the interest of justice, the chief circuit judge, or his/her

designee, may order that the names be kept confidential. AP Part II, Sec. 10(11).

INSPECTION OF RECORDS

50.2 Inspection Procedures

1. Clerk should allow inspection and copying of case files when possible, although a clerk

may refuse inspection and copying if the request is too burdensome or disruptive to the

clerk's office. If inspection and copying is not possible at the time of the request, the

clerk should arrange a time, within three (3) business days of the inspection request, in

which to allow inspection and copying.

2. Clerk may require requestor to make a written inspection request specifying what

document(s) is to be inspected. Inspection requests by mail may be fulfilled at the clerk's

discretion and upon payment of copy and postage fees.

3. Clerk or requestor, at clerk's discretion, may search computer reader terminal or index

cards and pull record. Clerk may require requestor to search and inspect in clerk's

presence. If parts of a record are confidential, clerk must search and make copies of

non-confidential items.

4. Clerk or requestor may make copies of documents in a court file upon requestor's

payment of the copy fee as set forth in the Accounting Manual.

NOTE: Unless otherwise sealed or confidential, documents filed in the court record and

prepared by a court reporter (for example: depositions and transcripts) are public record

and copies may be obtained from the clerk. Copies of recordings may be acquired at a

cost as set forth in the Accounting Manual.

5. Clerk is not required to create a record if one does not exist, e.g., lists.

50.2.1 Copy Fee Exceptions

While local processes/procedures take precedence, generally copy fees are charged as incurred

with the following exceptions:

1. Commonwealth of Kentucky

The Commonwealth of Kentucky, such as the Commonwealth’s Attorney or CHFS Personnel,

are generally exempt from paying fees and costs. KRS 453.010.

2. City and County Governments

City and county governments, which may be represented by the County Attorney or Local

School District Truancy Officer, are NOT exempt from paying fees UNLESS the action is filed

in the name of the Commonwealth. KRS 453.010.

3. Indigent Persons

Persons proceeding in forma pauperis are required in a criminal case to have an order

finding the person’s indigency, or in a civil case, an order granting a motion to proceed in

forma pauperis. Depending on the case type, an indigent person may be represented by a

Public Defender or Legal Aid.

4. Court Personnel

Court personnel, such as CDWs and Pretrial Services, work on behalf of and provide

assistance to the Kentucky Court of Justice.

INSPECTION OF RECORDS

50.2.2 Petition for Inspection

1. Upon denial of a request, the requestor may petition for inspection to the Quick Reference

presiding judge in the specific case to which inspection was denied. There File, date, initial

are no filing fees. Apply the FILED stamp to the petition; add the date

and your initials.

Document type ODI

2. Complete a document screen and deliver the file to the judge. Use

document type ODI.

Enter, date, initial

3. When a signed order is received, apply the ENTERED stamp; add the date Document type OGI

and your initials. Complete a document screen. Use document type OGI. Notice of Entry

Give notice of entry to the petitioner. Follow any direction otherwise

contained in the order.