Opinion
Opinion By: Gregory D. Stumbo, Attorney General; Amye L. Bensenhaver, Assistant Attorney General
Open Records Decision
This matter having been presented to the Attorney General in an open records appeal, and the Attorney General being sufficiently advised, we find that Emil Samson, a private attorney, 1 is not bound by, and therefore did not violate, the Open Records Act in failing to respond to former client Michael Keeling's July 30, 2007, request for records relating to Mr. Keeling's criminal conviction in McCracken Circuit Court, No. 04-CR-341. It is the decision of this office that 05-ORD-249 and 06-ORD-011, copies of which are attached hereto and incorporated by reference, are controlling. Here, as in 05-ORD-249 and 06-ORD-011, Mr. Samson may be obligated under SCR 3.130(1.16)(d) of the Rules of Professional Conduct governing attorneys licensed to practice law in Kentucky to return to Mr. Keeling his client file. See, Kentucky Bar Association v. G. William Blackburn, 833 S.W.2d 877 (Ky. 1994) and Kentucky Bar Association v. Perry, 102 S.W.3d 507 (Ky. 2003). However, he is not obligated to do so under the Open Records Act, and his failure to do so cannot be characterized as a violation of the Act.
A party aggrieved by this decision may appeal it by initiating action in the appropriate circuit court pursuant to KRS 61.880(5) and KRS 61.882. Pursuant to KRS 61.880(3), the Attorney General should be notified of any action in circuit court, but should not be named as a party in that action or in any subsequent proceeding.
Michael Keeling, # 194242
Emil Samson
Footnotes
Footnotes
1 The record on appeal is devoid of proof that Mr. Samson is affiliated, in any manner, with a public agency such as the Department of Public Advocacy.
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