Opinion
Opinion By: Jack Conway, 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 attorney George Triplett, III, did not violate the Open Records Act in the disposition of his former client, Leonel Martinez's, June 24, 2008, request for "photos or surveillance tapes . . . on case no. 06-CR-00601." It is the decision of this office that 05-ORD-249, a copy of which is attached hereto and incorporated by reference, is dispositive of the issue. Mr. Martinez offers no proof that Mr. Triplett is a "public agency," within the meaning of KRS 61.870(1), and that the records he maintains in the private practice of law are "public records," within the meaning of KRS 61.870(2). Because he is not subject to the provisions of the Open Records Act, Mr. Triplett cannot be said to have violated the Act in failing to respond to Mr. Martinez's request. 1
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.
Distributed to:
Leonel MartinezGeorge Triplett III
Footnotes
Footnotes
1 In 05-ORD-249, this office recognized that a private attorney may be obligated to produce the requested records to a former client under the Rules of Professional Conduct governing attorneys licensed to practice law in Kentucky. SCR 3.130(1.16)(d).