05-ORD-010 | KOGC

Request By:
Jeffrey A. Guelda
1369 S. Brook Street
Louisville, KY 40208Matthew Carey
One Riverfront Plaza
401 West Main Street
Suite 2000
Louisville, KY 40202

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 Matthew Carey, a private attorney, is not bound by, and therefore did not violate, the Open Records Act in failing to respond to Jeffrey A. Guelda's request for records relating to his mother's will. We believe that 01-ORD-24 and 01-ORD-40, copies of which are attached hereto and incorporated by reference, are controlling.

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.

LLM Summary

The decision concludes that Matthew Carey, a private attorney, is not subject to the Open Records Act and did not violate it by failing to respond to a records request concerning his client's mother's will. The decision relies on previous opinions (01-ORD-024 and 01-ORD-040) which are considered controlling in determining that private individuals or attorneys not acting in a public capacity are not bound by the Open Records Act.

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