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PA Bulletin, Doc. No. 02-374

THE COURTS

Title 204--JUDICIAL SYSTEM GENERAL PROVISIONS

PART V. PROFESSIONAL ETHICS AND CONDUCT

[204 PA. CODE CH. 83]

Amendments to the Pennsylvania Rules of Disciplinary Enforcement Relating to Referral of Respondent-Attorneys to Mental Health Agencies

[32 Pa.B. 1302]

   Notice is hereby given that The Disciplinary Board of the Supreme Court of Pennsylvania is considering recommending to the Supreme Court of Pennsylvania that it amend Rule 402 of the Rules of Disciplinary Enforcement as set forth in Annex A to permit Chief Disciplinary Counsel to refer respondent-attorneys to mental health agencies for help with problems such as alcoholism or substance abuse.

   The Board has found that respondent-attorneys who receive treatment from qualified mental health agencies or programs dealing with alcoholism or substance abuse often benefit substantially from treatment by those agencies or participation in those programs. As a result, the Office of Disciplinary Counsel will often informally recommend to a respondent-attorney believed to be suffering from mental health or addiction problems that the respondent-attorney contact such an agency or program. For a number of reasons, respondent-attorneys sometimes ignore those recommendations. The Board is considering recommending to the Supreme Court that it amend the Rules of Disciplinary Enforcement to permit Chief Disciplinary Counsel to independently contact those types of agencies or programs with a request that the agency or program contact the respondent-attorney. To protect the respondent-attorney, the new rule would require that the Board have (i) previously reviewed the competency of the agency or organization conducting the program and (ii) entered into a confidentiality agreement with the agency or organization to protect the identity of the respondent-attorney. As a further safeguard, only Chief Disciplinary Counsel would have the authority to contact the agency or program.

   Interested persons are invited to submit written comments regarding the proposed amendments to the Office of the Secretary, The Disciplinary Board of the Supreme Court of Pennsylvania, First Floor, Two Lemoyne Drive, Lemoyne, PA 17043, on or before April 15, 2002.

By The Disciplinary Board of the Supreme Court of Pennsylvania

ELAINE M. BIXLER,   
Executive Director and Secretary

Annex A

TITLE 204.  JUDICIAL SYSTEM GENERAL PROVISIONS

PART V.  PROFESSIONAL ETHICS AND CONDUCT

Subpart B.  DISCIPLINARY ENFORCEMENT

CHAPTER 83.  PENNSYLVANIA RULES OF DISCIPLINARY ENFORCEMENT

Subchapter D.  MISCELLANEOUS PROVISIONS

Rule 402. Confidentiality.

   (a)  [All] Except as provided in subdivision (c), all proceedings involving allegations of misconduct by or disability of an attorney shall be kept confidential until or unless:

*      *      *      *      *

   (c)  It shall not be a violation of subdivision (a) for Chief Disciplinary Counsel to disclose the identity of and contact information for a respondent-attorney reasonably believed to be suffering from mental health or addiction problems to an agency or organization approved by the Board under this subdivision. An agency or organization may be approved under this subdivision if:

   (1)  the Board finds that the agency or organization is competent to help people suffering from mental health or addiction problems; and

   (2)  the agency or organization executes a confidentiality agreement on a form prescribed by the Board pursuant to which the agency or organization agrees that:

   (i)  the identity of any respondent-attorney referred to it and the fact that there is a proceeding under these rules pending against the respondent-attorney shall be kept confidential; and

   (ii)  it will ensure that all of its employees and anyone else connected with it in any capacity will maintain the confidentiality of the information described in the preceding paragraph.

   Official Note:  If a lawyer receives confidential information under subdivision (c), the lawyer shall be subject to Rule 8.3(c) of the Pennsylvania Rules of Professional Conduct with respect to that information.

[Pa.B. Doc. No. 02-374. Filed for public inspection March 8, 2002, 9:00 a.m.]


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