Rule 2 - Powers and Duties(a) The LJAP shall have jurisdiction to confidentially evaluate reports of impairment arising from chemical dependency or physical, mental, or emotional disability which are self reported by any attorney, judge, or law student. Evaluation specifically includes, but is not limited to, conferring with any attorney, judge, or law student who self reports such allegations and making recommendations to such attorney, judge, or law student, should it be determined that he or she is in fact impaired, of sources of remedial assistance.(b) The LJAP Committee shall have jurisdiction to confidentially evaluate reports or allegations of attorney, judge, or law student impairment arising from chemical dependency or physical, mental, of emotional disability if the attorney, judge, or law student is referred to the LJAP Committee by a law firm, attorney, friend, family member, client, judge, law school professor, law school dean, law school staff, or member of the general public. Evaluation shall specifically include, but is not limited to, confidentially conferring with any attorney, judge, or law student who is referred and making recommendations to such attorney, judge, or law student, should it be determined that he or she is in fact impaired, of sources of remedial assistance. (c) The LJAP Committee shall have jurisdiction to confidentially evaluate, to refer for evaluation and treatment, and to monitor an attorney or judge who is referred to the LJAP Committee by a court, a designated attorney disciplinary agent or a judicial disciplinary agency regarding reports or allegations of impairment arising from chemical dependency or physical, mental, or emotional disability. The LJAP Committee shall report the results of the evaluation, treatment, monitoring, and compliance of the attorney or judge to the court or referring disciplinary agency in the time and manner directed by the court or referring disciplinary agency. (d) The LJAP Committee shall have jurisdiction to confidentially evaluate, to refer for evaluation and treatment, and to monitor a law student applying for admission to the Mississippi Bar if the law student is referred to the LJAP Committee by the Court or by the Mississippi Board of Bar Admissions regarding reports or allegations of impairment arising from chemical dependency or physical, mental, or emotional disability. The LJAP Committee shall report the results of the evaluation, treatment, monitoring, and compliance to the Court or the Mississippi Board of Bar Admissions in the time and manner directed by the Court or the Mississippi Board of Bar Admissions.(e) The LJAP Committee may, under appropriate rules and regulations approved by the Board of Commissioners of the Bar, provide assistance through volunteer attorneys or judges to an attorney or judge who is temporarily unable to proceed due to chemical dependency or physical, mental, or emotional disability. The assistance provided shall be only of a procedural nature to effect continuances, postponements, extensions of time, notifications to clients, courts, other attorneys involved in a matter or matters, or other procedural tasks necessary to protect the interests of clients, the legal system, and the profession. Volunteer attorneys and judges who provide such assistance through the LJAP Committee and to the extent provided in any such rules and regulations shall have all of the immunities provided for the LJAP Committee.Miss. R. Law. & Jud. Ass't Prog. 2
Adopted effective 1/8/2015.