W. Va. R. Law. Disci. Proc. 3.23

As amended through January 31, 2024
Rule 3.23 - Complaint alleging disability
(a) Whenever the Office of Disciplinary Counsel receives a complaint or, after conducting an appropriate investigation, concludes that a lawyer is disabled from continuing the practice of law by reason of mental infirmity or illness or because of addiction to drugs or alcohol, a report shall be filed with the Supreme Court of Appeals to take or direct such action as it deems necessary or proper to determine whether the lawyer is so disabled, including examination of the lawyer by such qualified medical experts as the Court shall designate. If, upon due consideration of the matter, the Court concludes that the lawyer is disabled form continuing to practice law, it shall enter an order imposing an administrative suspension on the lawyer on the ground of such disability until further order of the Court and any pending disciplinary proceedings against the lawyer shall be held in abeyance. The Court may provide for such notice to the lawyer of the proceedings under this subdivision as is deemed proper and advisable and may appoint counsel to represent the lawyer if he or she is without adequate representation.
(b) If during the course of a disciplinary proceedings, a lawyer contends that he or she is suffering from a disability by reason of mental or physical infirmity or illness, or because of addiction of drugs or alcohol, which makes it impossible for the lawyer to adequately defend the charges against the lawyer, the Court may enter an order, following such further proceedings as the Court shall deem necessary or proper, including examination of the lawyer by such qualified medical experts as the Court shall designate, imposing an administrative suspension on the lawyer from the practice of law until a determination is made pursuant to this rule that the lawyer is capable of practicing law. any proceedings held in abeyance pursuant to this subdivision upon administrative suspension for disability shall be resumed following an order of reinstatement. Entry of an order of administrative suspension for disability under this subdivision shall not preclude proceedings under Rule 3.23 a.

W. Va. R. Law. Disci. Proc. 3.23