Rule 6.1 - Notification; Form of Referral(a) Whenever the ODC and/or the Lawyer Disciplinary Board, by either its Investigative Panel or Hearing Panel Subcommittee, has made the determination to refer a lawyer to the WVJLAP. it will provide notification to the Executive Director. Referrals made pursuant to these Rules will be made in writing, will set forth a brief summary of the facts and circumstances resulting in the referral. will indicate that the lawyer is being referred to WVJLAP for participation in/compliance with any recommendations and/or requirements of WVJLAP, including, but not limited to, medical/clinical evaluation, treatment and/or counseling services, continuing care, and/or monitoring, will include an Authorization and Consent Form signed by the lawyer pursuant to Rule 6.3 herein, and, if applicable, will include a copy of any decision, or portion thereof, by either Panel which concerns referral of an impaired lawyer for evaluation and assistance by WVJLAP.(b) Whenever the Supreme Court of Appeals of West Virginia issues a decision that includes a provision that the lawyer "shall" comply with WVJLAP's recommendations and monitoring program, the Clerk of the Court shall forward a copy thereof to the Executive Director.W. Va. R. Law. Disci. Proc., r. 6, r. 6.1
Adopted December 16, 2024, effective 12/16/2024.