James Gregory Troutman v. Kentucky Bar Association ( 2008 )


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    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.
    

Document Info

Docket Number: 2008 SC 000833

Filed Date: 12/18/2008

Precedential Status: Precedential

Modified Date: 3/31/2016