Lawyer Assistance Program pilot project approved
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July 30, 2012
Charleston, West Virginia: The West Virginia Supreme Court has recently approved a three-year pilot program aimed at helping attorneys with physical or mental health conditions that affect their ability to practice law, in addition to attorneys who have addictions.[1]
This new program, announced initially through the West Virginia State Bar through the Committee on Lawyer Assistance and Intervention in November of 2008, had its proposed rules published for comment, and after having been reviewed, the rules were amended by the committee in August of 2011, and were then again published for public comment.[1]
After the West Virginia Supreme Court considered the comments that were put forth, more amendments were made to the rules, concluding the review period and finally approving the three-year pilot program, known as the Lawyer Assistance Program. Rules that have been implemented in the Lawyer Assistance Program replace the West Virginia Rules of Lawyer Disciplinary Procedure Rules 5.0 through 5.15.[1]
This project will be funded by the West Virginia State Bar, with all expenses, including salaries and costs of the program, not exceeding $60,000 a year. It will be managed by a board of 15 volunteers who will be appointed by the West Virginia State Bar's Board of Governors. All services and any information acquired by the board and staff shall remain in total confidentiality.[1]
This program had its beginnings in 2009, after having been started by Justice Brent Benjamin when he was the Chief Justice. He also cited others who deserved credit in helping to make this project possible, especially Karen Kahle, the chairwoman of the Committee on Lawyer Assistance and Intervention; Jim Wright, the current state Bar President, and executive director of the state Bar, Anita Casey.[1]
Justice Brent Benjamin had good words to say of those who helped, saying, "They have been tireless in trying to make this a reality. It's been a long time coming. A great majority of other states already have these programs in place. I'm glad to see that we finally are doing this. It ultimately will be beneficial to the public, clients and attorneys."[1]
Of the Lawyer Assistance Program, he stated, "The program is designed to help attorneys with dependency issues, with physical issues, with mental health issues that affect their ability to practice law. First and foremost, it's to protect the public and clients from harm that can be caused by lawyers who are impaired. Secondly, it's also there to help the attorneys themselves who may need help. To help them begin recovery, continue recovery and support them through their recovery. And, it's meant to educate judges and lawyers and the public about issues related to dependency and mental health issues. Education is always an important thing. Finally, it's important that we come up with prevention programs when we can. It's hard to look at sometimes. But when we ignore it - and you can't just ignore it -- it just continues and gets worse."[1]
"This is an attempt to reach out a hand to someone who might be struggling before it causes irreparable harm to anybody," he added.[1]
The program will be assessed after its first two years, with a requirement directing the Board of Governors of the West Virginia State Bar to file a report so that the West Virginia Supreme Court can re-evaluate the Lawyer Assistance Program.[1]
See also
Footnotes
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Federal courts:
Fourth Circuit Court of Appeals • U.S. District Court: Northern District of West Virginia, Southern District of West Virginia • U.S. Bankruptcy Court: Northern District of West Virginia, Southern District of West Virginia
State courts:
Supreme Court of Appeals of West Virginia • West Virginia Intermediate Court of Appeals • West Virginia Circuit Courts • West Virginia Family Courts • West Virginia Magistrate Courts • West Virginia Municipal Courts
State resources:
Courts in West Virginia • West Virginia judicial elections • Judicial selection in West Virginia
