Opinion
Opinion By: Gregory D. Stumbo,Attorney General;James M. Ringo,Assistant Attorney
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 Edward G. Drennen II, a private attorney, is not bound by, and therefore did not violate, the Open Records Act in failing to respond to former client Johnny Penn's request for records relating to his revocation hearing and case number 03-CR-00231, Boone Circuit Court. We believe that 01-ORD-24 and 01-ORD-40, copies of which are attached hereto and incorporated by reference, are controlling. Although Mr. Drennen may be obligated under the Rules of Professional Conduct governing attorneys licensed to practice law in Kentucky to return Mr. Penn's client file, 1 he is not obligated to do so under the Open Records 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.
Johnny Penn, # 170727Eastern Kentucky Correctional Complex200 Road to JusticeWest Liberty, KY 41018
Edward G. Drennen II30 Shelby StreetP.O. Box 276Florence, KY 41022-0276
Footnotes
Footnotes
1 See SCR 3.130(1.16)(d), which provides: "Upon termination of representation, a lawyer shall take steps to the extent reasonably practicable to protect a client's interests, such as giving reasonable notice to the client, allowing time for employment of other counsel, surrendering papers and property to which the client is entitled and refunding any advance payment of fee that has not been earned."
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