Kentucky Attorney General Backs Away from First Amendment Suit

Related to an earlier post about columnist John Rosemond, Kentucky Attorney General Jack Conway today released the following:

Here’s the text:

Attorney General Jack Conway today clarified some misinformation that has been reported recently by some media outlets and in some editorials regarding the John Rosemond case.

“Mr. Rosemond, a nationally syndicated advice columnist, was sent a cease and desist letter by the Kentucky Board of Psychology. I did not write that letter, I did not authorize that letter and the letter was not sent on behalf of the Office of the Attorney General,” General Conway said.

In Kentucky, state boards and agencies may hire attorneys from the Office of the Attorney General to serve on an hourly basis as board or agency attorneys. In this capacity, as counsel to the board, an attorney from the Office of the Attorney General sent this letter. The attorney sent the letter at the direction of the board and sent the letter as the board’s attorney. The action had nothing to do with the Office of the Attorney General.

The attorney inadvertently printed the letter on Office of the Attorney General letterhead. This is not proper procedure, and all attorneys in the Office of the Attorney General have been reminded that if they are doing business of (sic) behalf of a board, they should use the letterhead of that board.

Interesting. The question now is this: How often has this kind of threat been used where an individual believes he’s actually being threatened by the top law enforcement officer in the commonwealth? Do other states engage in this kind of “delegation” of law enforcement authority?

Interesting also that this is in no way an apology for the actions of an attorney in an office under his direction.

Archives