Preamble

The Supreme Court recognizes that a wide range of influences can detrimentally affect the performance of a Member of the Legal Profession (“Member”). Members of the legal profession shall hereafter be defined as lawyers, judges as defined by Application I of the West Virginia Code of Judicial Conduct, bar applicants and law students. Prominent among such influences are the effects of chemical dependence or mental conditions that result from disease, disorder, trauma or other infirmity that impair the ability of a Member of the profession to practice or serve. A Member’s impairment is detrimental to the interests of clients, litigants, our legal system, the general public, and the health and quality of life of the impaired Member. The vast majority of States have responded to the issue of Member impairment by creating funded Judge and Lawyer assistance programs as contemplated by these rules, acknowledging the principle that every member of the bar has an obligation to the public to participate in an appropriate response to a Member’s impairment. The Supreme Court finds that the West Virginia Judicial and Lawyer Assistance Program is an appropriate method for addressing the issue of Member impairment and that the program will promote the integrity of the legal profession, thereby directly benefitting the people of West Virginia.