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Removal of Fleming court records continuing as planned
Thursday, September 20, 2007 11:12 PM EDT
According to information provided by Leigh Anne Hiatt of the AOC office in Frankfort, as the administrative arm of the Kentucky Court of Justice, the AOC is "required to ensure the preservation, security and integrity of trial and appellate court records."
Hiatt provided information generated from the office of John B. Dobson, general manager, department of court services. Dobson was unavailable for comment Thursday regarding the removal of Fleming County's records because his wife is expecting twins and he was not at work.
According to Dobson's office, the AOC created the Accessioning Division of the Department of Court Services to assist the Court of Justice, including the offices of circuit court clerks statewide, with records management. In its effort to preserve court records, the AOC has mandated the removal of court records from all Kentucky counties. The records will be stored permanently at the Kentucky Department of Libraries and Archives in Frankfort.
The AOC has contracted with KDLA to provide storage for overflow court records in a climate-controlled environment to provide protection from possible fire and water damage, or the chance documents could be lost or stolen. The KDLA central location is at the state capital, to provide easy access by the public.
The proposed move of the records, some of which date back to the 1700s, is the reason Caren Prater, Fleming County records clerk, submitted her retirement notice effective Sept. 30.
Prater said Thursday she would stay on in her job only if the records didn't leave the county, but without them, she contends she cannot do proper research for genealogy purposes.
"It's the only reason I'm retiring," Prater said.
Prater said the older district and circuit court records contain deeds, land surveys and other "original documents" with signatures and markings needed to conduct her research. When asked about the availability of deed books, marriage license books, and other official legal documents filed and stored at the Fleming County Clerk's office, Prater said they are "copies" of the originals.
"They are old, but they are copies," she said.
Prater said some research requires her to check marriage records against divorce records, which are filed with the court and the documents are compatible with one another.
Prater also said she has been informed by officials in Frankfort that the removal isn't mandatory at this time. She went on to express her opinion that Fleming County government officials are pushing the issue of having the records removed and they have called the AOC office asking the records be removed now.
Prater also said some counties, specifically Simpson County, have been allowed to keep their records. However, according to a list of counties provided by AOC, Simpson County's records were removed in 2004.
The issue of records removal by the AOC from all counties began in earnest in 2003. The issue heated up locally when former AOC Director Melinda Wheeler visited Bracken County in September, 2006 to address the removal of its records at a public meeting.
Those opposed to the removal, including Prater, contend accessibility to the records for historical research will be limited since they will be stored in Frankfort and not local courthouse offices.
"Accessibility will never be the same," Prater said, who admitted she has not made an effort to photocopy the documents because there are so many of them.
"I will not help them in any way," Prater said when asked if the records had been boxed up in light of the pending move.
In response to Prater's allegations of county officials speeding up the process of the records removal, Circuit Court Clerk Pam Lowe said her office requested the deadline for the records be postponed from June, 2007 to September, 2007. She said plans to move the records from Fleming County has been known since 2006.
Contact Marla Toncray at marla.toncray@lee.net or 606-564-9091 ext. 275.
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