As used in this Rule 16, unless the context requires a different meaning, the following terms mean:
(1) "Commission," the commission on retirement, removal and discipline created by article V of the constitution and governed by Rule 12; (2) "Committee," the intervention committee established by this Rule 16; (3) "Director," the director of the Missouri lawyers assistance program; (4) "Disciplinary authority," the chief disciplinary counsel, advisory committee, regional disciplinary committees, the commission, the board of law examiners, or this Court; (5) "Disciplinary process," the procedure for investigating and adjudicating conduct and discipline under rules of this Court; (6) "Intervention," the process of interrupting substance abuse by utilizing information, confrontation, counseling and motivation techniques to facilitate entry into diagnosis, treatment, and rehabilitation; (7) "Missouri lawyer's assistance committee," a committee of The Missouri Bar comprised of members interested in providing resources and assistance to lawyers and their families in the identification and treatment of substance abuse or addiction and educating the public and the bench and bar regarding substance abuse and addiction; (8) "Missouri lawyers assistance program" or "program," a program established by The Missouri Bar and administered by a director retained by The Missouri Bar that provides services to members of The Missouri Bar, law students, and their families in the areas of substance abuse and other mental health conditions; (9) "Monitor," a volunteer lawyer appointed by the committee to monitor a substance abuser's compliance with conditions set forth by a disciplinary authority and who shall report to the disciplinary authority; (10) "Rehabilitation program," a course of treatment and rehabilitation for recovery from substance abuse; (11) "Substance abuse," the repeated overuse of alcohol, drugs and other chemically addictive substances to the degree of addiction or substantial impairment of a person's capability to practice law, to carry out judicial duties, or otherwise carry out reasonable business and social activities; (12) "Substance abuse mentor," a volunteer lawyer who may act as an additional resource for the substance abuser and who may provide additional support to the substance abuser during the rehabilitation process; and (13) "Substance abuser," a person exhibiting evidence of active continuing substance abuse. Mo. R. Gov. Bar Jud. 16.02
Adopted Nov. 21, 1985, eff. 7/1/1986. Amended Nov. 20, 1990, eff. 7/1/1991; April 26, 1993, eff. 7/1/1993. Amended Feb. 13, 1998, eff. 3/1/1998. Amended May 2, 2006, eff. 5/2/2006.