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2008-SC-00083 -KB
JAMES GREGORY TROUTMAN MOVANT
V. IN SUPREME COURT
KENTUCKY BAR ASSOCIATION RESPONDENT
OPINION .A,NU ORDER
Movant James Gregory Troutman over this Court to enter an order
suspending his license to practice law in Kentucky for a period of two years,
effective January 25, 2007 . The Kentucky Bar Association (KBA) states that it
has no objection to Troutman's motion. This Court therefore grants the motion
for a two-year suspension. Troutman was admitted to the practice of law in
Kentucky on October 16, 1992 . His bar roster address is 4000 Abbeywood
Village Drive, Louisville, KY 40241 . His KBA number is 84473 .
On January 25, 2007, Troutman entered an Alford plea in the Jefferson
Circuit Court to two counts of wanton endangerment in the first degree (a
Class D felony), one count of criminal mischief in the first degree (a Class D
felony), and one count of criminal littering (a Class A misdemeanor) . Upon
entry of Troutman's Alford plea, pursuant to SCR. 3 .166, this Court entered a
order temporarily suspending him from the practic of law.'
Troutman entered the Alford plea as cult of a pretrial diversion
agreement with the Commonwealth . Pursuant to that agreement, the Circuit
Court ordered that Troutman undergo a two-year supervised probationary
period, at the conclusion of which the indictment would be dismissed.
The charges against Troutman arose from damage to property and other
conduct in and around Troutman's neighborhood late at night. Troutman
asserts that his conduct was the result of taking a large amount of over-the
counter allergy medication to control his severe allergies . Following his Alford
plea, Troutman moved the Circuit Court to shorten the term of his probation
and pretrial diversion. He presented the Circuit Court with medical
evaluations explaining that his behavior was the result of an antihistamine
overdose . The physicians who evaluated Troutman were of the opinion that he
was no longer impaired . On June 10, 2008, the Circuit Court entered an order
shortening the term of Troutman's probation and pretrial diversion . The court
ordered that the charges against Troutman be dismissed-diverted, pursuant to
KRS 533.258, with prejudice .
Although all criminal charges have been dismissed, Troutman concedes
that his entry of an Alford plea is proof that he engaged in conduct that
violated SCR 3 .130-8.3(b) ("It is professional misconduct for a lawyer to . . .
See Kentucky Bar Assn v. Troutman, 216 S.W.3d 652 (Ky. 2007).
[c]ommit a cri final act that reflects adversely on the lawyer's honesty,
trustworthiness or fitness as a lawyer in other respects .") . Troutman believes
that two years, the original length of his probationary period, is an appropriate
his
length of time for suspension of license to practice law . The KBA agrees
that a suspension co ensurate with the length of the probationary period is
appropriate.2
This Court agrees with both parties that suspension for a period
commensurate with the length of the original probationary period is
appropriate. Therefore, it is hereby ORDERED that:
1 . James Gregory Troutman is suspended from the practice of law in the
Commonwealth of Kentucky for a period of two (2) years, retroactive to
January 25, 2007 .
2 . Troutman shall, in accordance with SCR 3 .390, notify all Courts in
which he has matters pending and all clients for whom he is actively
involved in litigation and similar matters of his inability to continue
representation . He shall provide copies of all letters to the Director of
the Kentucky Bar Association.
3 . Troutman shall, to the extent possible, immediately cancel and cease
any advertising activities in which he is engaged in accordance with
SCR 3.390 .
2 See Bertram v . Kentucky Bar Assn, 126 S.W.3d 358 (Ky. 2005) ; Kentucla Bar Assn
v. Dunn, 90 S.W.3d 461 (Ky. 2002) ; Richendollar y. Kentucky Bar Assn, 60 S-W-3d
551 (Ky. 2001) (suspending attorneys form the practice of law until expiration of their
probationary periods) .
4 . Purse nt CR 3.45 Trout ordered to pay all costs
associated with these disciplinary proceedings, certified in the amount
of $ 110 . 00, for which execution may issue from this Court upon
finality of this order.
All sitting. All concur.
ENTERED : December 18, 2008.