Rule
5. Lawyer Committee on Assistance and Intervention.
5.1.       Membership.
5.2.       Terms.
5.3.       Appointment.
5.4.       Reappointment.
5.5.       Election of officers.
5.6.       Quorum.
5.7.       Panels.
5.8.       Disqualification.
5.9.       Authority.
5.10.     Confidentiality.
5.11.     Refusal to comply.
5.12.     Failure of rehabilitation.
5.13.     Evaluation expenses.
5.14.     Proceedings and process.
5.15.     Period of limitation for filing information.

Rule 5.0. Lawyer Committee on Assistance and Intervention.
The Supreme Court of Appeals does hereby establish a Lawyer Committee on Assistance and Intervention [Committee] to receive and review complaints alleging lawyer disability or impairment.

Rule 5.1. Membership
The Committee shall consist of fifteen members.

Rule 5.2. Terms.
The members of the Committee shall serve terms of three years

Rule 5.3. Appointment.
The members shall be appointed by the Board of Governors of The West Virginia State Bar.

Rule 5.4. Reappointment.
The members of the Committee shall be eligible for reappointment without limitation.

Rule 5.5. Election of officers.
The members of the Committee shall annually elect a Chairperson and Vice-Chairperson. The Chairperson, and in the Chairperson's absence the Vice Chairperson, shall perform the duties normally associated with that office and shall preside over all meetings of the full Committee, ruling on all motions, objections, and evidence.

Rule 5.6. Quorum.
Seven members or the Committee shall constitute a quorum. The Committee shall act only with the concurrence or a majority or those present and voting.

Rule 5.7. Panels.
The Committee is authorized to organize itself into such panels as it deems appropriate in the furtherance of its powers and responsibilities.

Rule 5.8. Disqualification.
A member of the Committee may not participate as such in any proceeding involving a charge against such member, such member's spouse, or a person within the third degree of relationship to either the member or the member's spouse. The appropriate appointing authority may make temporary appointments to fill a disqualified member's position in a given proceeding. Committee members shall disqualify themselves in any proceeding in which a judge, similarly situated, would be required to disqualify himself or herself.

Rule 5.9. Authority.
The Committee shall have the authority to (1) receive information regarding a psychological or medical impairment which has significantly affected a lawyer's ability to practice law; (2) receive information regarding substance abuse which has significantly affected a lawyer's ability to practice law; (3) refer information deemed by the Committee to relate to violations of the Rules of Professional Conduct arising from a psychological impairment, a medical impairment, or substance abuse to the Office of Disciplinary Counsel to conduct a full investigation; (4) interview the complainant concerning the information filed; (5) interview the lawyer concerning the information filed; (6) recommend a psychological and/or medical examination of the lawyer if determined by the Committee that such examination is warranted by the information received; (7) recommend a program of rehabilitation based on information received from a psychological and/or medical evaluation; (8) conduct a post-rehabilitation review if deemed necessary; or (9) dismiss the information as having no basis.

Rule 5.10. Confidentiality.
All information received by the Committee pursuant to Rule 5.9 shall be kept confidential. In the event a lawyer complies with the recommendations of the Committee and rehabilitative intervention is successful, the Committee shall take no further action and all records shall be sealed and kept confidential. Except as pursuant to Rules 5.11 and 5.12, the Committee shall not release any information regarding its activities. (Amended by order entered December 6, 1994, effective January 1, 1995.)

Rule 5.11. Refusal to comply.
Refusal by a lawyer to execute a waiver to grant the Committee access to psychological/medical records shall constitute refusal to comply With the Committee's recommendations. In the event a lawyer otherwise refuses to comply with recommendations of the Committee, the Committee may, in its discretion, refer the original information received to the Office of Disciplinary Counsel to conduct a full investigation.

Rule 5.12. Failure of rehabilitation.
If, after a period of rehabilitation and reevaluation, the Committee finds that rehabilitative measures have not been effective, the Committee may, in its discretion, file all information received with the Office of Disciplinary Counsel to conduct a full investigation.

Rule 5.13. Evaluation expenses.
All expenses incurred by the lawyer for psychological and/or medical evaluation shall be the responsibility of the lawyer.

Rule 5.14. Proceedings and process.
All proceedings before the Committee shall be nonadversarial. A form for the filing of information pursuant to Rule 5.9 may be promulgated by the Committee and filed with the Office of Disciplinary Counsel. The evidence to be considered by the Committee shall include the information filed, interview of complainant, interview of the lawyer, and psychological and/or medical evaluations. All proceedings shall be formal and confidential. The rulings of the Committee shall be in the form of a recommendation only. A lawyer shall be given thirty days within which to accept or reject the Committee's recommendation. It shall be the responsibility of the lawyer to notify the Chairperson of the Committee in the event of acceptance of the recommendation.

Rule 5.15. Period of limitation for filing information.
Any information filed more than six months after the complainant knew, or in the exercise of reasonable diligence should have known, of the existence of an impairment or incapacity of a lawyer shall not be considered unless it is determined by the Committee that an impairment or incapacity exists at the time of filing.