Opinion
Opinion By: Andy Beshear,Attorney General;Gordon R. 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 his client, Leonel Martinez, for jury information from Mr. Martinez's trial on November 13, 2007. Mr. Martinez requested the jurors' names and a racial breakdown of the jury. He also requested the "jury job history" and "jury education records," as well as requesting whether "anyone in the jury knows hispanic."
On September 19, 2016, Mr. Triplett confirmed that he 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 found at KRS 61.870(1). Mr. Triplett informed this office that he had spoken to Mr. Martinez regarding his request. Any remaining 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. 01-ORD-24 and subsequent open records decisions issued by this office, copies of which are enclosed, 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 must be notified of any action in circuit court, but should not be named as a party in that action or in any subsequent proceeding.