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Removal of Fleming court records continuing as planned
Thursday, September 20, 2007 11:12 PM EDT Print this story | Email this story
FLEMINGSBURG -- Amid an outpouring of calls and letters protesting the removal of Fleming County's District and Circuit Court records, the Administrative Office of the Courts is set to move forward with the project Monday.

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.

Reader Comments

Comments are limited to 200 words or less.

FLEMING FAN wrote on Sep 26, 2007 8:44 AM:

" Wills and Deeds will be at the County Clerk's office like ALWAYS. They will not be going to Frankfort. "

Jim Ravencraft Sr wrote on Sep 26, 2007 12:41 AM:

" Just lately I found out a lot of people from Maysville went to Flemingsburg and got married. all I had was the name and with in 5 Min waiting on the phone Mrs Prater had the info even had the book and page number this went back in 1934. So I think the people that are from here are really going to miss these records. Have you been to frankfort and tryed to park and find some one that knows any thing. Jim R retired. "

GirlColumbo wrote on Sep 25, 2007 10:52 PM:

" what if you decided you wanted to research your family history, or perhaps someone told you your dear aunt sally left the family farm to you, in a will she signed 50 years ago, where would you even begin to prove aunt sally actually signed that will? COUNTY RECORDS would be my guess. Hmm would ya be so quick to holler let it go, if you had to drive to Frankfort to get a gander at those records, that is if someone could even locate them, being they will be stored somewhere until someone gets around to archiving them. "

boo hoo wrote on Sep 22, 2007 11:15 AM:

" LET IT GO PEOPLE! THE RECORDS ARE NOT PROTECTED IN A DUSTY WET BASEMENT, THEY NEED TO GO WHERE THEY WILL BE SAFE. ALL THE PEOPLE COMPLAINING SURE HAVEN'T VOLUNTEERED TO HELP JUST GRIPE AS FAR AS I CAN TELL. "

WTF wrote on Sep 21, 2007 1:14 PM:

" Why do Fleming Co. people think they can do what they want to do!! If Frankfort says send the records then, send them!! If you want to complain about something, then complain about the present not the past!! Like FOOLISH county government spending!! "

dr wrote on Sep 21, 2007 12:23 PM:

" I DON'T SEE WHAT THE BIG DEAL IS.MAKE THE CPOIES AND LET THE ORIGINALS GO TO FRANKFORT. THAT WAY YOU WOULD STILL HAVE ALL OF THE INFORMATION, BUT THE REAL ONES WOULD BE SAFEGUARDED. IF YOU HAVE KNOWN THIS WAS GOING TO HAPPEN SINCE 2006, YOU HAVE PLENTY OF TIME. "

Scoop wrote on Sep 21, 2007 8:37 AM:

" The removal of the priceless records are shameful. Elected officials still have time to safeguard these Fleming County treasurs. It should be the duty of every Fleming County elected official to protect our resources. If they do not, I predict they will become painfully aware that voters do not appreciate their lack of accountability come next election. "

Jim wrote on Sep 21, 2007 7:07 AM:

" What about the objects such as guns, rings etc that are stored there? Will they be transfered also or will they be "lost" in the move? "

Fleming resident wrote on Sep 20, 2007 11:27 PM:

" Just a Question???????? Can our records be stored somewhere in our new library??? Just wondering it is a very nice library and there is a room for historical records. At least residents here could go there and do research of our county and relatives.... Would be nice if that coudl happen "


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