Tuesday, November 8, 2016

Private attorneys are not subject to Open Records

A person who is not part of a public agency is not subject to the Open Records Act.

On Oct. 6, 2016, Attorney General Andy Beshear's office issued an opinion in the matter of In re: Leonel Martinez/George V. Triplett, IV, 16-ORD-216.

George Triplett, a private attorney, received a request for jury information from a 2007 trial from his former client, Martinez. Triplett failed to respond to the request, and Martinez appealed to the office of the Attorney General. 

Triplett confirmed he was a private attorney on Sept. 19, and his practice does not receive any public funding, so it is not a public agency under KRS 61.870(1).

Triplett stated that he spoke with Martinez about the request. Beshear found that, per 01-ORD-24, the obligations of Triplett to his client were under the rule of professional responsibility, not the Open Records Act.

He found that since Triplett is not a public agency, he therefore is not in violation of the Act, which does not even apply to him.

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