Rule 31. Judges and Lawyers Assistance Program
Effective January 1, 2021
Section 1. Establishment.
The Judges and Lawyers Assistance Committee is created and shall have the powers and duties set out below. The Committee shall be composed of Committee members, an Executive Director, and such other persons as shall from time to time be approved by the Supreme Court and who are necessary to carry out the Committee's work.
Section 2. Purpose.
The purpose of the Judges and Lawyers Assistance Program is assisting impaired members in recovery; educating the bench and bar; and reducing the potential harm caused by impairment to the individual, the public, the profession, and the legal system. Through the Judges and Lawyers Assistance Program, the Committee will provide assistance to judges, lawyers and law students who suffer from physical or mental disabilities that result from disease, chemical dependency, mental health problems or age that impair their ability to practice; and will support other programs designed to increase awareness about the problems of impairment among lawyers and judges.
Section 3. Committee Members.
(a) The Committee shall consist of fifteen (15) Committee members, all of whom shall be appointed by the Supreme Court. Members shall have experience with the problems of chemical dependency and/or mental health problems. Seven (7) members shall be practicing lawyers; five (5) shall be judges; one (1) shall be a law school administrator or law school faculty member employed by, or a law student enrolled in, an Indiana law school at the time of appointment; two (2) members may be filled by judges, lawyers, and/or law student(s). A reasonable effort shall be made to provide geographical representation of the State.
(b) Members serve a three-year term that begins on July 1 of the year of appointment. A member appointed to fill the vacancy of an unexpired term serves until the end of the unexpired term. Any member who has served three consecutive terms, exclusive of filling out an unexpired term, may not be reappointed to the Committee for at least three consecutive years. Any member may be removed by the Supreme Court for good cause.
(c) Election of Officers. The members shall elect from the membership a Chair who shall preside at all meetings, a Vice-Chair who shall preside in the absence of the Chair, a Secretary who shall be responsible for giving notices and keeping the Committee's minutes, and a Treasurer who shall be responsible for keeping the Committee's record of account.
(d) Executive Committee. The Officers shall comprise the Executive Committee, which shall have the power to conduct all necessary business that may arise between meetings of the full Committee. Three (3) Officers shall constitute a quorum. The Executive Committee shall act by a vote of a majority of the Officers. All action taken by the Executive Committee shall be reported to the full Committee at its next meeting.
(e) Meetings. The Committee shall meet at least twice each year at times and places designated by the Chair. The Chair, the Executive Committee or any six Committee members may call special meetings of the Committee.
(f) Notices. The Secretary shall send notice of each Committee meeting, which states the meeting's purpose, to all members at least five (5) business days before the meeting.
(g) Quorum. Six (6) members shall constitute a quorum for the transaction of business. The Committee shall act by majority of the members constituting the quorum. Members may participate in meetings by telephone or other similar device.
Section 4. Powers and Duties of the Committee.
In addition to the powers and duties set forth elsewhere in this Rule, the Committee shall have the power and duty to:
(a) Adopt rules and regulations, to be known as the Judges and Lawyers Assistance Program Guidelines, for the efficient discharge of its powers and duties. The Guidelines shall become effective when approved by the Supreme Court.
(b) Establish an office to provide administrative and financial record keeping support for the Committee.
(c) Establish a mechanism, subject to Court approval, to arrange loans or other financial assistance to members of the bar for recovery related expenses.
(d) Review this Rule and Guidelines from time to time and make recommendations to the Supreme Court for changes.
(e) Publish proposed Guidelines and procedures through West Publishing Company and Res Gestae and file them with the Clerk of the Supreme and Appellate Courts.
(f) Appoint subcommittees having such powers and duties as the Committee may determine are necessary to carry out the Committee's work; including trustees of any organization created to receive and distribute or spend grants, bequests, gifts and other monies for loans or other financial assistance to members of the bar for recovery related expenses.
(g) Provide financial reports to the Chief Justice.
(h) Make an annual report of its activities to the Supreme Court each year. The report shall include a statement of income and expenses for the year.
(i) Recruit and train volunteers, as defined by the Guidelines, to assist the Committee's work with impaired members of the legal profession.
(j) Do all other things necessary and proper to carry out its powers and duties under this Rule.
Section 5. Executive Director.
With the assistance of the Committee members, the Chief Justice shall hire an Executive Director.
Section 6. Powers and Duties of the Executive Director.
In addition to the powers and duties set forth in this Rule or otherwise defined by the Committee or the Supreme Court, the Executive Director shall have the power and duty to:
(a) Administer the Committee's work.
(b) Appoint, with approval of the Committee, such staff as may be necessary to assist the Committee to carry out its powers and duties under this Rule.
(c) Supervise and direct the work of the Committee's staff and volunteers.
(d) Assist the Committee in developing Guidelines.
(e) Supervise the maintenance of the Committee's records.
(f) Assist judges, courts, lawyers, law firms and law schools to identify and intervene with impaired members of the legal profession.
(g) Do all things necessary and proper to carry out the Executive Director's duties and powers under this Rule.
Section 7. Sources and Uses of Funds.
(a) The Indiana Supreme Court shall periodically designate a portion of the registration fee charged to attorneys pursuant to Admission and Discipline Rule 2 to be used for the operations of the Judges and Lawyers Assistance Committee. The Executive Director shall deposit such funds into an account designated “Supreme Court Judges and Lawyers Assistance Committee Fund.”.
(b) The Supreme Court shall specifically approve the salaries to be paid out of the Judges and Lawyers Committee Fund.
(c) Not later than May 1 of each year, the Committee shall submit for approval by the Supreme Court an operating budget for July 1 to June 30 of the following fiscal year.
Section 8. Referrals.
(a) Any judge, lawyer, or law student may contact the Committee seeking assistance.
(b) Any person may report to the Committee that a judge, lawyer, or law student needs the Committee's assistance. The Committee shall then take such action as authorized by the Guidelines.
(c) The Supreme Court, the Indiana Commission on Judicial Qualifications, the Disciplinary Commission , the Board of Law Examiners, and the Administration of any Indiana law school may refer judges, lawyers, or law students to the Committee for assessment or treatment upon such terms authorized by the Guidelines.
(d) The Committee may refer judges, lawyers, and law students to outside agencies, organizations, or individuals for assessment or treatment upon such terms authorized by the Guidelines.
Section 9. Confidentiality.
(a) All information, including records obtained by the Committee in the performance of its duty under these rules and as delegated by the Supreme Court of Indiana, shall be confidential, except as provided by the Program Guidelines.
(b) Nothing in this section prevents the Committee from communicating statistical information which does not divulge the identity of any individual.
(c) Violation of the confidentiality provisions of this rule shall be subject to disciplinary proceeding under Indiana Admission and Discipline Rules 12, 23 and 26.
Section 10. Immunity.
The Committee, Executive Director, staff, and volunteers are not subject to civil suit for official acts done in good faith in furtherance of the Committee's work. Absent malice, a person who gives information to the Committee, staff or volunteers about a judge, lawyer or law student thought to be impaired is not subject to civil suit.