TO BE PUBLISHED
Supreme Court of Kentucky 2025-SC-0478-KB
IN RE: J. TODD P'POOL
IN SUPREME COURT
OPINION AND ORDER
On November 15, 2025, J. Todd P’Pool (“P’Pool”) moved this Court for
entry of an order suspending him from the practice of law for 181 days,
probated for two years with conditions, for a violation of the Rules of the
Supreme Court (“SCR”) 3.130(8.4)(b) as charged in Office of Bar Counsel
(“OBC”) File No. 24-DIS-0033. Thereafter, OBC filed a response stating it had
no objection to the order as requested. For the following reasons, the motion is
granted and the following sanctions imposed.
I. FACTS AND BACKGROUND
P’Pool was admitted to the practice of law in the Commonwealth of
Kentucky on April 21, 2000. His KBA membership number is 88295, and his
bar roster address is PO Box 4166, Frankfort, KY 40604.
On or around November 19, 2023, P’Pool was pulled over by a law
enforcement officer in Boyd County who was responding to a 911 call about
P’Pool’s driving. The officer detected the odor of alcohol, and P’Pool admitted to
having consumed alcohol. While being placed into custody for driving under the influence, P’Pool was alleged to have threatened and assaulted police and
caused property damage. He was charged with DUI 1st, Wanton Endangerment
1st, two counts of Assault 3rd Degree on a Police Officer, Terroristic Threatening
3rd Degree, and Criminal Mischief 2nd Degree in Boyd County District Court
criminal case 23-F-00404.
After posting bond, as a condition of his release, P’Pool was put on home
incarceration with an ankle monitor at his residence in Franklin County.
Nevertheless, while on home incarceration, in April 2024, P’Pool received
another DUI charge in Shelby County, under case number 24-T-01816 in
Shelby District Court. P’Pool pled guilty to the Shelby County DUI charge and
was ordered to pay a fine and costs, and his driver’s license was suspended for
six months.
Because of the Shelby County DUI charge, the Boyd District Court
scheduled a contempt hearing. That hearing was rescheduled multiple times
because P’Pool had been enrolled in a long-term treatment facility. On
November 13, 2024, P’Pool appeared for the contempt hearing, but rather than
processing the contempt issue, he resolved his charges with an Alford1 plea.
He pled guilty to the DUI, Terrorist Threatening, and Criminal Mischief
charges. His Wanton Endangerment charge was lowered to a misdemeanor
Wanton Endangerment 2nd Degree charge, and his two counts of felony Assault
on a Police Officer charges were lowered to two misdemeanor counts of Assault
1 The plea was made pursuant to North Carolina v. Alford, 400 U.S. 25 (1970).
2 4th Degree. P’Pool pled guilty to both of the lessened charges. He was
sentenced to twelve months of jail probated for two years on the condition that
he pay fines, pay restitution for an ankle monitor, and comply with Kentucky
Lawyer’s Assistance Program (“KYLAP”) for substance abuse issues.
In February 2024, the Inquiry Commission authorized a Complaint to be
issued against P’Pool regarding the criminal charges. P’Pool responded on or
around May 9, 2024, contesting the criminal charges but acknowledging that
he had been struggling with alcohol abuse and wanted to take responsibility for
his actions. The Inquiry Commission issued a two-count charge against P’Pool
in December 2024, and P’Pool filed an Answer with the Disciplinary Clerk in
April 2025.
Count One alleged a violation of SCR 3.130(8.4)(b) for committing a
criminal act that reflects adversely on the lawyer, as it relates to P’Pool’s
criminal charges and guilty pleas in the Boyd District Court case. P’Pool
admits that he violated Count One when he committed the actions which led to
his arrest and criminal charges in the Boyd County District Court case 23-F-
00404. He acknowledges pleading guilty to the misdemeanor charges of DUI
1st, Terroristic Threatening 3rd Degree, Criminal Mischief 2nd Degree, Wanton
Endangerment 2nd Degree, Two Counts of Assault 4th Degree, and further
admits that his actions violated SCR 3.130(8.4)(b) despite the fact that he
entered his guilty pleas pursuant to North Carolina v. Alford, 400 U.S. 25
(1970). Count Two alleged a violation of SCR 3.130(3.4)(c) for knowingly and
inexcusably disobeying an obligation under the rules of a tribunal when P’Pool
3 failed to comply with the conditions of his bond and home incarceration. P’Pool
denies Count Two.
P’Pool has directed this Court’s attention to the remedial actions he has
taken to address his behavior and the underlying causes of his actions since
before the Boyd District Court case was finalized, to wit:
1. [P’Pool] immediately self-reported the incident to the KBA and KYLAP; 2. [P’Pool] served five (5) days in the Boyd County Detention Center before a $5,000.00 cash bond was ordered; 3. [P’Pool] wore a home incarceration ankle monitor for 8 months at the rate of $12.50 per day; 4. [P’Pool] performed weekly or twice-weekly drug and alcohol testing at a rate of $45.00 per test for 8 months; 5. [P’Pool] attended regular AA and Celebrate Recovery meetings; 6. [P’Pool] attended monthly in-office counseling with a licensed professional therapist; 7. [P’Pool] voluntarily admitted and completed a 30-day residential substance treatment program; and 8. [P’Pool]’s license was suspended for eight months during the case proceedings.
P’Pool also points out that, since the conclusion of the Boyd County criminal
case, he has had the following continued/additional obligations:
1. Paid fines, restitution, costs and attorney fees in excess of $10,000.00; 2. Completed Kentucky Alcohol Driver Education; 3. Continues monthly in-office counseling with a licensed professional therapist; 4. Continues regular AA and Celebrate Recovery Meetings; 5. Continues a prescription for Naltrexone under medical supervision; and 6. Performed over 100 hours of pro-bono service for Kentucky flood victims.
After approval by the Chair of the Inquiry Commission and the Kentucky
Bar Association Immediate Past President, the parties negotiated and reached
an agreement. P’Pool admits Count One but denies Count Two, and OBC 4 agrees to dismiss Count Two. P’Pool requests that this Court impose a 181-day
suspension, probated for two years subject to conditions.
II. ANALYSIS
Pursuant to SCR 3.480(2), the parties have agreed to the imposition of a
181-day suspension, probated for two years subject to conditions. Regardless
of such agreement, acceptance of the proposed negotiated sanction still falls
within the discretion of the Court: “The Court may approve the sanction agreed
to by the parties, or may remand the case for hearing or other proceedings
specified in the order of remand.” SCR 3.480(2).
The proposed sanction is consistent with our case precedent for similar
cases. OBC directs our attention to three prior cases decided by this Court. In
Kentucky Bar Association v. Dunn, 965 S.W.2d 158, 160 (Ky. 1998), we
determined that a six-month suspension, probated for two years, was
appropriate where the attorney violated what is now SCR 3.130(8.4)(b). After
Free access — add to your briefcase to read the full text and ask questions with AI
TO BE PUBLISHED
Supreme Court of Kentucky 2025-SC-0478-KB
IN RE: J. TODD P'POOL
IN SUPREME COURT
OPINION AND ORDER
On November 15, 2025, J. Todd P’Pool (“P’Pool”) moved this Court for
entry of an order suspending him from the practice of law for 181 days,
probated for two years with conditions, for a violation of the Rules of the
Supreme Court (“SCR”) 3.130(8.4)(b) as charged in Office of Bar Counsel
(“OBC”) File No. 24-DIS-0033. Thereafter, OBC filed a response stating it had
no objection to the order as requested. For the following reasons, the motion is
granted and the following sanctions imposed.
I. FACTS AND BACKGROUND
P’Pool was admitted to the practice of law in the Commonwealth of
Kentucky on April 21, 2000. His KBA membership number is 88295, and his
bar roster address is PO Box 4166, Frankfort, KY 40604.
On or around November 19, 2023, P’Pool was pulled over by a law
enforcement officer in Boyd County who was responding to a 911 call about
P’Pool’s driving. The officer detected the odor of alcohol, and P’Pool admitted to
having consumed alcohol. While being placed into custody for driving under the influence, P’Pool was alleged to have threatened and assaulted police and
caused property damage. He was charged with DUI 1st, Wanton Endangerment
1st, two counts of Assault 3rd Degree on a Police Officer, Terroristic Threatening
3rd Degree, and Criminal Mischief 2nd Degree in Boyd County District Court
criminal case 23-F-00404.
After posting bond, as a condition of his release, P’Pool was put on home
incarceration with an ankle monitor at his residence in Franklin County.
Nevertheless, while on home incarceration, in April 2024, P’Pool received
another DUI charge in Shelby County, under case number 24-T-01816 in
Shelby District Court. P’Pool pled guilty to the Shelby County DUI charge and
was ordered to pay a fine and costs, and his driver’s license was suspended for
six months.
Because of the Shelby County DUI charge, the Boyd District Court
scheduled a contempt hearing. That hearing was rescheduled multiple times
because P’Pool had been enrolled in a long-term treatment facility. On
November 13, 2024, P’Pool appeared for the contempt hearing, but rather than
processing the contempt issue, he resolved his charges with an Alford1 plea.
He pled guilty to the DUI, Terrorist Threatening, and Criminal Mischief
charges. His Wanton Endangerment charge was lowered to a misdemeanor
Wanton Endangerment 2nd Degree charge, and his two counts of felony Assault
on a Police Officer charges were lowered to two misdemeanor counts of Assault
1 The plea was made pursuant to North Carolina v. Alford, 400 U.S. 25 (1970).
2 4th Degree. P’Pool pled guilty to both of the lessened charges. He was
sentenced to twelve months of jail probated for two years on the condition that
he pay fines, pay restitution for an ankle monitor, and comply with Kentucky
Lawyer’s Assistance Program (“KYLAP”) for substance abuse issues.
In February 2024, the Inquiry Commission authorized a Complaint to be
issued against P’Pool regarding the criminal charges. P’Pool responded on or
around May 9, 2024, contesting the criminal charges but acknowledging that
he had been struggling with alcohol abuse and wanted to take responsibility for
his actions. The Inquiry Commission issued a two-count charge against P’Pool
in December 2024, and P’Pool filed an Answer with the Disciplinary Clerk in
April 2025.
Count One alleged a violation of SCR 3.130(8.4)(b) for committing a
criminal act that reflects adversely on the lawyer, as it relates to P’Pool’s
criminal charges and guilty pleas in the Boyd District Court case. P’Pool
admits that he violated Count One when he committed the actions which led to
his arrest and criminal charges in the Boyd County District Court case 23-F-
00404. He acknowledges pleading guilty to the misdemeanor charges of DUI
1st, Terroristic Threatening 3rd Degree, Criminal Mischief 2nd Degree, Wanton
Endangerment 2nd Degree, Two Counts of Assault 4th Degree, and further
admits that his actions violated SCR 3.130(8.4)(b) despite the fact that he
entered his guilty pleas pursuant to North Carolina v. Alford, 400 U.S. 25
(1970). Count Two alleged a violation of SCR 3.130(3.4)(c) for knowingly and
inexcusably disobeying an obligation under the rules of a tribunal when P’Pool
3 failed to comply with the conditions of his bond and home incarceration. P’Pool
denies Count Two.
P’Pool has directed this Court’s attention to the remedial actions he has
taken to address his behavior and the underlying causes of his actions since
before the Boyd District Court case was finalized, to wit:
1. [P’Pool] immediately self-reported the incident to the KBA and KYLAP; 2. [P’Pool] served five (5) days in the Boyd County Detention Center before a $5,000.00 cash bond was ordered; 3. [P’Pool] wore a home incarceration ankle monitor for 8 months at the rate of $12.50 per day; 4. [P’Pool] performed weekly or twice-weekly drug and alcohol testing at a rate of $45.00 per test for 8 months; 5. [P’Pool] attended regular AA and Celebrate Recovery meetings; 6. [P’Pool] attended monthly in-office counseling with a licensed professional therapist; 7. [P’Pool] voluntarily admitted and completed a 30-day residential substance treatment program; and 8. [P’Pool]’s license was suspended for eight months during the case proceedings.
P’Pool also points out that, since the conclusion of the Boyd County criminal
case, he has had the following continued/additional obligations:
1. Paid fines, restitution, costs and attorney fees in excess of $10,000.00; 2. Completed Kentucky Alcohol Driver Education; 3. Continues monthly in-office counseling with a licensed professional therapist; 4. Continues regular AA and Celebrate Recovery Meetings; 5. Continues a prescription for Naltrexone under medical supervision; and 6. Performed over 100 hours of pro-bono service for Kentucky flood victims.
After approval by the Chair of the Inquiry Commission and the Kentucky
Bar Association Immediate Past President, the parties negotiated and reached
an agreement. P’Pool admits Count One but denies Count Two, and OBC 4 agrees to dismiss Count Two. P’Pool requests that this Court impose a 181-day
suspension, probated for two years subject to conditions.
II. ANALYSIS
Pursuant to SCR 3.480(2), the parties have agreed to the imposition of a
181-day suspension, probated for two years subject to conditions. Regardless
of such agreement, acceptance of the proposed negotiated sanction still falls
within the discretion of the Court: “The Court may approve the sanction agreed
to by the parties, or may remand the case for hearing or other proceedings
specified in the order of remand.” SCR 3.480(2).
The proposed sanction is consistent with our case precedent for similar
cases. OBC directs our attention to three prior cases decided by this Court. In
Kentucky Bar Association v. Dunn, 965 S.W.2d 158, 160 (Ky. 1998), we
determined that a six-month suspension, probated for two years, was
appropriate where the attorney violated what is now SCR 3.130(8.4)(b). After
he drove the wrong way into traffic and caused four other vehicles to run off
the road, Dunn pled guilty to four misdemeanor counts of wanton
endangerment and one count of DUI first offense. Id. at 159. Less than a year
after the first incident, Dunn injured another driver while he was driving drunk
and ended up pleading guilty to one count of DUI, second offense. Id.
Similarly, in Kentucky Bar Association v. Rankin, 862 S.W.2d 894, 894
(Ky. 1993), we imposed a public reprimand and suspension of license to
practice law for six months, probated for two years, following three incidents of
drunk driving. In the first, Rankin was convicted of wanton endangerment,
5 assault, and operating a motor vehicle under the influence of intoxicants, when
he injured three people while driving drunk. Id. He was arrested for DUI twice
more within three years of the first incident. This Court concluded that
Rankin’s actions violated what is now SCR 3.130(8.4)(b) because it constituted
criminal conduct adversely reflecting an attorney’s fitness to practice law. Id.
Nevertheless, this Court noted that Rankin had “acknowledged his guilt and
his alcoholism and taken remedial action,” and that the incident did not
adversely reflect Rankin’s ability to practice law or harm a client. Id. at 895.
Finally, in Kentucky Bar Association v. Njuguna, 405 S.W.3d 435, 435–46
(Ky. 2013), Njuguna was charged with second-degree wanton endangerment,
second-degree fleeing and evading police, and disorderly conduct stemming
from an incident where Njuguna admitted he was under the influence of
alcohol when an argument with his girlfriend ended with his girlfriend on the
hood of his car as he drove away. Within less than two years, Njuguna had
acquired two DUI charges in addition to that incident. This Court imposed a
181-day suspension from the practice of law, with ninety days to be probated
for five years with conditions. Njuguna’s sanctions were curated to address his
alcohol issues to prevent future offenses.
Additionally, American Bar Association's Standards for Imposing Lawyer
Sanctions (“ABA Standards”) § 5.12 suggest that a suspension is generally an
appropriate penalty when “a lawyer knowingly engages in criminal conduct . . .
that seriously adversely reflects on the lawyer’s fitness to practice.” American
Bar Association, Standards for Imposing Lawyer Sanctions (2d ed. 2019).
6 These standards are subject to aggravating or mitigating factors. Id. at § 9.1.
The OBC cites P’Pool’s chief aggravating factor as being “illegal conduct,
including that involving the use of controlled substance.” Id. at § 9.22(k). This
sole aggravating factor is outweighed by his more numerous mitigating factors,
which include “an absence of a prior disciplinary record,” id. at § 9.32(a), “full
and free disclosure to disciplinary board or cooperative attitude toward
proceedings,” id. at § 9.32(e), “imposition of other penalties or sanction,” id. at §
9.32(k), and “remorse,” id. at 9.32(l). Given the ABA Standards
recommendation for suspension and the aggravating/mitigating factor balance
being tipped in favor of mitigating factors, a probated suspension is appropriate
in this case, and the agreement reached by the parties is reasonable.
III. CONCLUSION
Based on the foregoing, this Court finds that J. Todd P’Pool failed to
uphold the standards of ethical conduct set forth in Supreme Court Rule
3.130(8.4)(b). ACCORDINGLY, IT IS ORDERED THAT:
1. J. Todd P’Pool is hereby suspended from the practice of law for 181 days,
probated for two years subject to the following conditions:
2. P’Pool shall have no more pending disciplinary charges filed against him;
3. P’Pool shall timely pay his Kentucky Bar Association membership dues;
4. P’Pool shall timely satisfy all continuing legal education requirements;
5. P’Pool shall pay all costs associated with the investigation and
prosecution of this proceeding, which total $147.87, as required by SCR
3.450;
7 6. P’Pool shall sign authorizations allowing Office of Bar Counsel to review
his records held by Kentucky Lawyer’s Assistance Program (“KYLAP”),
mental health professionals, social workers, and any and all medical
records and mental health records;
7. The director of KYLAP will file quarterly reports with the Disciplinary
Clerk of the Kentucky Bar Association for distribution to the Office of Bar
Counsel. These reports shall state whether P’Pool is complying with the
terms and conditions of this Order;
8. If at any time the KYLAP Director becomes aware of violations of any of
the terms of this Order, she shall immediately file a notice of such
violations with the Disciplinary Clerk of the Kentucky Bar Association for
distribution to the Office of Bar Counsel and to P’Pool;
9. If P’Pool violates any of the terms of probation stated in this Order within
two (2) years of the date of this Order, or receives a charge of
prosecutorial misconduct during the two-year probationary period, the
Kentucky Bar Association may file a motion with the Court requesting
the issuance of a show cause order directing P’Pool to show cause, if any,
why the 181-day suspension should not be imposed; and
8 10. If at the expiration of the probationary period of two (2) years P’Pool has
fully complied with the above terms, the suspension and all terms of
P’Pool’s probation shall be terminated.
All sitting. All concur.
ENTERED: December 18, 2025.
______________________________________ CHIEF JUSTICE