Opinion
Opinion By: Andy Beshear,Attorney General;Gordon Slone,Assistant Attorney General
Open Records Decision
The question presented in this appeal is whether George V. Triplett, IV, violated the Kentucky Open Records Act in not responding in writing to a request submitted by Leonel Martinez, for records and information regarding Mr. Martinez's criminal trial.
We have confirmed that Mr. Triplett is a private practitioner whose legal practice is not funded by state or local authority funds and who does not otherwise fall within the definition of a public agency in KRS 61.870(1). Any obligation Mr. Triplett may have to Mr. Martinez arises under rules of professional responsibility and not under the Kentucky Open Records Act. Accordingly, we conclude that Mr. Triplett did not violate the Open Records Act by not responding in writing to Mr. Martinez's request. 16-ORD-216 (George V. Triplett, IV, a private attorney, did not violate the Open Records Act in not responding to open records request from Leonel Martinez); 08-ORD-159 (George V. Triplett, III, a private attorney, did not violate the Open Records Act in not responding to open records request from Leonel Martinez). 01-ORD-24, 08-ORD-159, and 16-ORD-216 are controlling on this question.
Either party may appeal this decision 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 shall be notified of any action in circuit court, but shall not be named as a party in that action or in any subsequent proceeding.