Rule 32.1 - Member Assistance Program(a)Duty to Establish, Maintain, and Administratively Fund. The board of governors of the state bar shall establish, maintain, and administratively fund a voluntary member assistance program to assist lawyers whose performance may be impaired by a mental, emotional, or behavioral condition, including use of alcohol or other drugs.(b)Participation Voluntary. Participation by a lawyer in the member assistance program is voluntary.(c)Confidentiality. All information received by the member assistance program, including staff and volunteers, is a privileged communication which, unless authorized by the lawyer to whom the information relates, shall not be disclosed to any person or entity outside the member assistance program and shall not be discoverable or admissible in any civil proceeding or disciplinary proceeding. This rule is not meant to preclude the use of information independently discovered from a source separate from the member assistance program.(d)Immunity. A person who reports or fails to report information, or a person who takes action or fails to take action, or a person who receives information, while participating in the member assistance program is immune from civil liability, providing the person has acted in good faith and without malice. A presumption of good faith and absence of malice applies, and a person alleging lack of good faith or presence of malice has the burden of proof.Adopted Aug. 30, 2021, effective 1/1/2022.