(a) With regard to any referral made pursuant to these Rules, ODC shall have the authority and discretion to provide any and all information it deems reasonable or appropriate to WVJLAP concerning any complaint of alleged misconduct filed against a lawyer which is being/has been evaluated by ODC pursuant to Rule 2.4(a) of the Rules of Lawyer Disciplinary Procedure. Information provided by ODC to WVJLAP for purposes of the referral process authorized by this Rule shall be a permitted disclosure within the confidentiality requirements of Rule 2.6 of the Rules of Lawyer Disciplinary Procedure.
(b) With regard to any referral made pursuant to these Rules, upon receipt and review by WVJLAP of such referral and related information, WVJLAP shall have the authority and discretion to: (1) interview the lawyer concerning the information filed in the disciplinary complaint; (2) interview the Complainant concerning the information filed in the disciplinary complaint; (3) refer lawyer for medical/clinical evaluation by an approved provider, and/or recommend/require treatment, counseling, continuing care, monitoring, and/or other assistance deemed necessary or appropriate by WVJLAP; (4) provide notice to ODC, after investigation and evaluation, that the lawyer does not have an impairment for which WVJLAP can provide assistance, or that the lawyer’s impairment is deemed untreatable due to advancing years and/or attendant physical or mental incapacity, and provide recommendation(s) to ODC, if any, including that the lawyer should consider retirement, to be considered by ODC for purposes of the disciplinary complaint and any related proceedings; (5) upon request by ODC, provide documentation and/or testimony
for use at a disciplinary hearing(s) involving the lawyer for the purpose of setting forth the substantive findings and recommendations of WVJLAP and the lawyer’s progress in complying with those recommendations; (6) provide notice to ODC, after investigation and evaluation, that the information received and/or reviewed by WVJLAP appears to have no basis in fact, and that the ODC should consider dismissal of the disciplinary complaint, or applicable component thereof; and/or (7) take any other action deemed necessary or appropriate by WVJLAP to the extent permitted by the Rules governing WVJLAP. (Amended by Order entered December 16, 2024.)