Supreme Court of Kentucky

2020-SC-0172

INQUIRY COMMISSION MOVANT

V. IN SUPREME COURT

TRACI LEE TIDBALL PEPPERS RESPONDENT

ORDER

Pursuant to SCR 3.165(1), the Inquiry Commission has petitioned this 

Court to enter an order temporarily suspending Respondent, Traci Lee Tidball 

Peppers, from the practice of law in the Commonwealth of Kentucky. The 

Inquiry Commission asserts there is probable cause to believe Respondent has 

misappropriated funds held for others to her own use or has been otherwise 

improperly dealing with said funds.

In its petition, the Inquiry Commission states it received information 

from Brian K. Pack, conservator for Garrett Hunter Graven, a minor, accusing 

Peppers of improperly converting $24,415.00 of the minor’s money to her own 

use. Pack was appointed conservator for the child after Peppers was removed 

in March 2020 for failing to file periodic settlements for the child’s estate for 

five years and informing the Barren District Court at a show cause hearing she 

was unable to provide any such accounting. As detailed in Pack’s report, 
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between April 2016 and January 2020, Peppers made a series of transfers from 

the minor’s bank accounts into her own personal and business accounts 

without court approval and with no apparent benefit to the child. Immediately 

prior to Pack completing his report, Peppers voluntarily repaid the estate 

$27,000.00 to cover the amounts she had improperly withdrawn, plus interest. 

Peppers self-reported her actions to the Kentucky Bar Association which 

instituted a disciplinary action against Peppers.

In her response to the Inquiry Commission’s petition, Peppers claims 

temporary suspension based on the allegations is unwarranted, but she 

submits no facts or documentation in support of her claim, other than her 

statement she possesses no client funds and does not act in a fiduciary 

capacity for any client and her pledge to fully cooperate in the disciplinary 

action. She acknowledges her inappropriate actions and the accuracy of Pack’s 

report.

On an examination of the Inquiry Commission’s petition and supporting 

documents, as well as the response, this Court finds probable cause, as 

required by SCR 3.165(1)(a), to believe Respondent has misappropriated client 

funds to her own use or has otherwise improperly dealt with such funds. This 

Court also finds probable cause, under SCR 3.165(1)(b), to believe 

Respondent’s misappropriations pose “a substantial threat of harm to [her]

clients or to the public.”
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ACCORDINGLY, IT IS HEREBY ORDERED as follows:

1. Respondent is temporarily suspended from the practice of law in the 

Commonwealth of Kentucky, effective upon the date of entry of this order, 

pending further orders from this Court;

2. Disciplinary proceedings against Respondent shall be initiated by the 

Inquiry Commission pursuant to SCR 3.160, unless already begun or unless 

Respondent resigns under terms of disbarment;

3. Pursuant to SCR 3.165(5), Respondent shall, within twenty (20) days 

from the date of the entry of this Order, notify—in writing—all clients of her

inability to provide further legal services and furnish the Director of the 

Kentucky Bar Association with copies of all such letters;

4. Pursuant to SCR 3.165(6), Respondent shall immediately, to the 

extent reasonably possible, cancel and cease any advertising activities in which 

she is engaged.

All sitting. Minton, C.J.; Hughes, Keller, Lambert, Nickell, and 

VanMeter, JJ., concur. Wright, J., would deny the Petition for Temporary 

Suspension. 

ENTERED: August 20, 2020.

_______________________________________

CHIEF JUSTICE