ATTORNEYS AND JUDGES ASSISTANCE PROGRAM

16.1. Purpose; scope. (a) The purpose of the Attorneys and Judges Assistance Program ("AAP") is to provide immediate and continuing assistance to attorneys who practice law in the State of Hawaiʻi, judges of the courts of the State of Hawaiʻi, and law students of the University of Hawaiʻi at the Richardson School of Law (law students) who suffer from problems, disability or impairment which affect their professional performance for any reason ("impairment"), including but not limited to excessive use of alcohol or drugs ("substance abuse"), physical or mental illness, or other infirmity. Professional performance is affected when an attorney, judge, or law student is incapable of devoting the time and attention to, and providing the quality of service in, his or her law practice, judicial duties, or law studies which is necessary to protect the interest of a client, litigant, or law school career. (b) The AAP shall consist of at least the following categories of programs. (1) Voluntary program . A voluntary program addressing "self-referrals" entering treatment without the formal prior intervention of the AAP. (2) Intervention program . A program primarily addressing attorneys, judges, and law students who are not "self-referrals" and who have not yet been the subject of a complaint that warrants a disciplinary petition, but whose impairment affects their professional performance and may put them at risk of disciplinary action if the impairment continues. (c) AAP shall not provide treatment to impaired attorneys, judges, and law students but shall instead provide education and guidance concerning substance abuse, refer impaired attorneys, judges, and law students to appropriate substance abuse and/or mental health treatment providers, and provide emotional support to impaired attorneys, judges, and law students. (Added effective July 7, 1989; amended December 12, 2006, effective January 1, 2007.) 16.2. Attorneys and Judges Assistance Program Board. (a) The supreme court shall appoint from nominations submitted by the Nominating Committee of the Hawaiʻi Supreme Court a board to be known as the "Attorneys and Judges Assistance Program Board of the Hawaiʻi Supreme Court" ("Board") which shall consist of nine (9) members, one of whom shall be designated by the Board as chairperson. Six (6) members shall be attorneys licensed to practice in the State of Hawaiʻi and three (3) members shall be judges of the State of Hawaiʻi. (b) All members shall be appointed to staggered three-year terms; however, to maintain a board with staggered terms, initial appointments may be for less than three years. Members shall receive no compensation for their services but may be reimbursed for their traveling and other expenses incidental to the performance of their duties. (c) Board members shall refrain from taking part in any proceeding in which a judge, similarly situated, would be required to abstain. If, in any given case, it shall become necessary for the continuation of a case, or the orderly operation of the Board, the supreme court may appoint, for that case only, one or more ad hoc members as it deems necessary. Each ad hoc member shall fulfill all the responsibilities of a Board member. (d) The Board shall exercise the powers and perform the duties conferred and imposed upon it by these rules, including the power and duty: (1) To take such action as shall be appropriate to effectuate the purposes of these rules. (2) To appoint an administrator (whether an individual or a professional assistance organization) as may from time to time be required to properly perform the functions hereinafter prescribed. The administrator is hereinafter referred to as "Director." The Director shall implement and administer all of the programs under this rule. (3) To adopt rules of procedure governing the Board and committees which are not inconsistent with these rules. (4) To receive from the Bar the fees collected under Rule 17(d)(3)(D); to prepare and maintain appropriate accounting records showing the receipt and disposition of those funds, which records shall be subject to audit; and to prepare an annual budget for the expenditure of those funds; to develop appropriate financial policies for managing all of the funds received by the Board; and to propose an annual fee as follows: (i) submit, no later than September 15 each year, the developed budget, financial policies, and fee structure to the Hawaiʻi State Bar to allow an opportunity for meaningful review, analysis, input, and comment by the Hawaiʻi State Bar prior to submission to the supreme court; (ii) to receive written comments, if any, from the Hawaiʻi State Bar regarding the budget, financial policies, and fee structure; (iii) to reply in a timely fashion in writing to any written comments from the Hawaiʻi State Bar regarding section (ii), provided the comments were received no later than October 15; and (iv) to submit, no later than November 1 of each year, the budget, financial policies, and annual fee along with any and all written comments received from the Hawaiʻi State Bar, and any replies thereto, to the supreme court for its review and approval. (Added effective July 7, 1989; amended February 7, 1992, effective February 7, 1992; amended April 8, 2002, effective July 1, 2002; amended May 12, 2003, effective July 1, 2003; further amended October 16, 2007, effective December 1, 2007; further amended June 27, 2012, effective July 1, 2012.) 16.3. The director. The Director shall be a trained counselor or an attorney who is a recovering substance abuser and has not used alcohol or drugs for at least five years. A "trained counselor" shall have education, training or experience in the evaluation, counseling or management of persons who are impaired due to substance abuse or physical or mental illness. The Director shall administer the AAP and shall perform such duties as directed by the Board. (Added effective July 7, 1989.) 16.4. Voluntary program. (a) The Director shall administer the Voluntary Program of the AAP in accordance with policies and procedures adopted by the Board. (b) The Director shall provide a source of evaluation and treatment for attorneys, judges, and law students who, on a strictly voluntary basis, desire to avail themselves of such services. (c) Attorneys, judges, and law students who voluntarily seek assistance from the AAP shall be evaluated, provided education and guidance concerning substance abuse, referred to appropriate substance abuse or mental health treatment providers, and provided emotional support by attorneys and judges who are recovering substance abusers. (Added effective July 7, 1989; amended December 12, 2006, effective January 1, 2007.) 16.5. Intervention program. (a) The Director shall establish a Lawyer Volunteer Committee. Each person appointed to the Lawyer Volunteer Committee shall be an attorney, judge or trained counselor. (b) Intervention is defined as the process of interrupting impairment by utilizing information, confrontation, counseling and motivation techniques to facilitate entry into diagnosis, treatment and rehabilitation. (c) The Lawyer Volunteer Committee is established as a committee to utilize intervention exclusively with attorneys, judges, and law students who are impaired to facilitate their entry into diagnosis, treatment and rehabilitation. (d) The Director and/or Lawyer Volunteer Committee shall review all information submitted regarding potentially impaired attorneys, judges, and law students and make a determination of the appropriateness of intervention. (Added effective July 7, 1989; amended December 12, 2006, effective January 1, 2007.) 16.6. Confidentiality; privilege not to disclose. (a) The identity of any person who provides information to the Director or Lawyer Volunteer Committee shall be confidential and shall not be subject to discovery or subpoena. (b) All records and information maintained by the Director, the Lawyer Volunteer Committee or their agents, employees or members relating to matters that are being or have been reviewed and evaluated by the Director or Committee shall be confidential and shall not be revealed to the Board, the supreme court or any other person and shall not be subject to discovery or subpoena; provided, however, that the Director may compile and disclose to the Board statistical information, devoid of all identifying data, relating to the AAP. (c) A participant in the AAP has a privilege to refuse to disclose and to prevent any other person from disclosing information provided to or maintained by the AAP. A "participant" shall include, but not be limited to, the Director, any employee or agent of the AAP, members of the Board, members of the Lawyers Volunteer Committee, and attorneys, judges, and law students seeking assistance under the AAP. (Added effective July 7, 1989; amended December 12, 2006, effective January 1, 2007.) 16.7. Immunity. Notwithstanding any other provision of law or rule to the contrary, there shall be no monetary liability on the part of, and no cause of action for damages shall arise against, any person for providing information to the Director or Lawyer Volunteer Committee; and there shall be no monetary liability on the part of, and no cause of action for damages shall arise against any participant in the AAP for any act or proceeding undertaken or performed within the scope of Rule 16. For the purposes of this rule, the term "participant" includes employees, agents and volunteers of the AAP, and shall also be deemed to include the officers, directors and employees of the Hawaiʻi State Bar Association. (Added effective July 7, 1989; amended February 7, 1992, effective February 7, 1992.) 16.8. Deleted.