AG: Private Lawyer Not Bound By Open Records Act

by tcveigh on September 20, 2010

The Kentucky attorney general’s office says private attorneys are not bound by the state’s Open Records Act. The opinion has links to a sensational Louisville rape case.

The opinion comes in an appeal filed by Henry Crawford of Louisville, who was seeking all records of his case from his former attorney, Matthew Farra.

Earlier this year, Crawford was convicted of rape and sentenced to 200 years in prison. The case, which relied on DNA evidence from 1990, is on appeal.

Farra failed to respond to Crawford’s Open Records request, but the AG’s office finds no fault with that.

The opinion says Farra may be obligated to provide Crawford his case records under the Rules of Professional Conduct governing attorneys, but private attorneys are not public agencies and therefore, not subject to the Open Records Act.

Any party aggrieved by the opinion may appeal to circuit court.

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