Kentucky’s courts and judicial agencies are identified as “public agencies” at KRS 61.870(1)(e) of the Open Records Act but removed themselves from application of the Act in a 1978 case, expressing the opinion that “the custody and control of the records generated by the courts in the course of their work are inseparable from the judicial function itself, and are not subject to statutory regulation.”
https://law.justia.com/cases/kentucky/supreme-court/1978/570-s-w-2d-617…
https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=51390
This includes, for example, the Administrative Office of the Courts and the Kentucky Bar Association.
In 2017, Chief Justice John Minton announced a major change in policy after the Supreme Court unanimously approved a rule opening the records of the Administrative Office of the Courts. Records of the Bar Association were unaffected by this rule.
https://amp.courier-journal.com/amp/559191001
https://kycourts.gov/Courts/Supreme-Court/Supreme%20Court%20Orders/2017…
https://kycourts.gov/Pages/open-records-request.aspx
The Court’s announcement of a substantial change in the rules governing access to attorney disciplinary records maintained by the Kentucky Bar Association is welcomed news.
The Courier Journal reports:
“When it comes to lawyers accused of misconduct, the Kentucky Bar Association and Supreme Court have always leaned toward protecting attorneys rather than the public.
“In 39 states, including Indiana, complaints against lawyers are made public once probable cause is found for the allegations — or even sooner. But in Kentucky, by rule they have been kept secret unless the accused lawyer is found guilty.
“That has meant an unsuspecting client may select an attorney without knowing he or she is the target of serious or multiple charges.
“Now, that is finally about to change.
“Chief Justice John D. Minton Jr., said Tuesday the Supreme Court has unanimously agreed to amend its rules to open the process once a lawyer is formally charged with misconduct and given a chance to respond.
“In an interview, Minton said the change brings Kentucky into conformity with the majority of states and ‘strikes the appropriate balance’ between protecting lawyers and the public.”
https://www.courier-journal.com/story/news/crime/2022/03/11/lawyer-misc…
This also brings the right of the public to access records documenting the attorney disciplinary process into conformity with Kentucky’s other licensed professionals whose disciplinary records have long been subject to public access through their state licensure boards.
