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Opinion

Opinion By: Gregory D. Stumbo, 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 Emil Samson, a private attorney, 1 is not bound by, and therefore did not violate, the Open Records Act in failing to respond to former client Michael Keeling's July 30, 2007, request for records relating to Mr. Keeling's criminal conviction in McCracken Circuit Court, No. 04-CR-341. It is the decision of this office that 05-ORD-249 and 06-ORD-011, copies of which are attached hereto and incorporated by reference, are controlling. Here, as in 05-ORD-249 and 06-ORD-011, Mr. Samson may be obligated under SCR 3.130(1.16)(d) of the Rules of Professional Conduct governing attorneys licensed to practice law in Kentucky to return to Mr. Keeling his client file. See, Kentucky Bar Association v. G. William Blackburn, 833 S.W.2d 877 (Ky. 1994) and Kentucky Bar Association v. Perry, 102 S.W.3d 507 (Ky. 2003). However, he is not obligated to do so under the Open Records Act, and his failure to do so cannot be characterized as a violation of the 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.

Michael Keeling, # 194242

Emil Samson

Footnotes

Footnotes

1 The record on appeal is devoid of proof that Mr. Samson is affiliated, in any manner, with a public agency such as the Department of Public Advocacy.

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LLM Summary
The decision concludes that Emil Samson, a private attorney, is not obligated under the Open Records Act to respond to a request for records from his former client regarding a criminal conviction. The decision references previous opinions (05-ORD-249 and 06-ORD-011) which are controlling and support the conclusion that private attorneys are not bound by the Open Records Act in such circumstances. However, the decision notes that the attorney may have other obligations under the Rules of Professional Conduct to return client files.
Disclaimer:
The Sunshine Law Library is not exhaustive and may contain errors from source documents or the import process. Nothing on this website should be taken as legal advice. It is always best to consult with primary sources and appropriate counsel before taking any action.
Requested By:
Michael Keeling
Agency:
Emil Samson
Type:
Open Records Decision
Lexis Citation:
2007 Ky. AG LEXIS 288
Forward Citations:
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