Vt. Admin. Ord. Of. Sup. Ct. 2.14
A judge having a reasonable belief that the performance of a lawyer or another judge is impaired by drugs or alcohol, or by a mental, emotional, or physical condition, shall take appropriate action, which may include a confidential referral to a lawyer or judicial assistance program.
Vt. Admin. Ord. Of. Sup. Ct. 2.14
Comment
[1] "Appropriate action" means action intended and reasonably likely to help the judge or lawyer in question address the problem and prevent harm to the justice system. Depending upon the circumstances, appropriate action may include but is not limited to speaking directly to the impaired person, notifying an individual with supervisory responsibility over the impaired person, or making a referral to an assistance program.
[2] Taking or initiating corrective action by way of referral to an assistance program may satisfy a judge's responsibility under this Rule. Assistance programs have many approaches for offering help to impaired judges and lawyers, such as intervention, counseling, or referral to appropriate health-care professionals. Depending upon the gravity of the conduct that has come to the judge's attention, however, the judge may be required to take other action, such as reporting the impaired judge or lawyer to the appropriate authority, agency, or body. See Rule 2.15.
Reporter's Notes
Rule 2.14 and its Comments have no counterpart in Vermont Code 1994 or ABA Code 1990. The Rule is intended to address a problem that, by undermining judicial performance, can undermine public confidence in the courts. Its purpose is to encourage judges to address such problems when they arise. Comment [1] provides a functional definition for "appropriate action." Comment [2] indicates the range of responses that may constitute "appropriate action" in specific circumstances. See ABA Reporter's Explanation 108.