W. Va. R. Jud. & Law. Assistance Program 10

(a) At any time it deems reasonable and feasible, and without the necessity of amending these rules, the Board of Directors may, through its policies and procedures approved pursuant to Rule 2(d)(1), expand the assistance contemplated herein to encompass others in the legal profession.

(b) Any diversion or other program which requires involvement of WVJLAP in rehabilitative efforts on the part of the Member that is a result of an agreement with the Office of Lawyer Disciplinary Counsel, Lawyer Disciplinary Board, Board of Examiners, Judicial Investigation Commission, Judicial Disciplinary Counsel, Judicial Hearing Board or otherwise imposed by order of the Supreme Court of Appeals, shall govern the extent and scope of confidentiality which may be asserted by the Member. To the extent such agreement and/or order may require WVJLAP to violate a confidentiality protection granted under these rules, the order or agreement shall control and any disclosure made pursuant thereto shall not be deemed a breach of confidentiality otherwise imposed by these rules.

(c) At any time it deems reasonable and feasible, and without the necessity of amending these Rules, the WVJLAP and the Office of Lawyer Disciplinary Counsel, Board of Law Examiners or Judicial Investigation Commission may, through written agreement between them, establish a program of monitoring and diversion from discipline and, subsequent entry into rehabilitation for those Members deemed candidates for such a program.

(d) An impaired Member’s successful completion of rehabilitation in conjunction with WVJLAP may be considered as a mitigating factor with respect to any disciplinary action arising out of the impairment for which rehabilitation was completed.