Rule 6.5 - Failure to Comply With Referral Process And Recommended Assistance(a) After a lawyer has been referred to WVJLAP for assistance pursuant to these Rules, if the Executive Director determines that the referred lawyer fails to meet the criteria for further assistance, intervention or monitoring, or that the referred lawyer is not currently willing or capable of receiving assistance due to the lawyer's resistance to WVJLAP's efforts to contact and/or assist the lawyer after he/she has been provided a reasonable opportunity to receive assistance, the Executive Director will promptly report that determination and the bases therefore, in writing, to the ODC. The Executive Director will also promptly provide ODC with written notice of noncompliance in situations including, but not limited to, the following:(1) Upon referral, a referred lawyer's failure to establish and maintain contact with WVJLAP or cooperate in good faith in the referral process, including, but not limited to, cooperation with WVJLAP to secure and facilitate appropriate evaluation, counseling, treatment and/or monitoring within the time period set by ODC; or(2) After evaluation and implementation of WVJLAP recommendations, including, but not limited to, treatment, counseling, continuing care. and/or monitoring, a referred lawyer's failure to substantially comply with WVJLAP recommendations, including, but not limited to, the terms and conditions of a monitoring agreement entered into by the lawyer with WVJLAP.(b) Refusal by a lawyer to execute a waiver to grant WVJLAP access to psychological/medical or similar records deemed necessary for evaluation and/or treatment, or any refusal to comply with WVJLAP recommendations, including entering into a monitoring agreement with WVJLAP, shall constitute noncompliance by the lawyer and the Executive Director will promptly report such noncompliance to ODC.(c) At the discretion of ODC, noncompliance may be considered an aggravating factor in any related disciplinary proceeding involving the lawyer.(d) Upon receipt of a report of noncompliance, the ODC will evaluate the current facts and circumstances of the situation and, if necessary, immediately file a petition with the Supreme Court of Appeals of West Virginia pursuant to Rule 3.23 of the Rules of Lawyer Disciplinary Procedure.W. Va. R. Law. Disci. Proc. 6.5
Adopted December 16, 2024, effective 12/16/2024.