9 Rule 7 Assistance Panels

A. Appointment. The Chair of the Board appoints persons to serve as assistance panel members. The Chair of the Board fills any vacancies.

B. Terms. Terms are for two years.

C. Membership and Quorum. Whenever a matter is referred to an Assistance Panel, Bar Counsel will appoint three members to serve and designate one member as the chair. A panel will include at least one nonlawyer. When a panel is constituted to address a behavioral health issue, at least one member should be a qualified health professional or have experience in dealing with issues related to behavioral health. Two members will constitute a quorum, and a panel will act only with the concurrence of two members.

D. Purpose. An assistance panel will attempt to facilitate the confidential and nondisciplinary resolution of any matter referred to it.

E. Powers and Duties. An assistance panel will:

(1) review all matters referred to it;

(2) unless there is good cause not to, meet with the lawyer or judge who is the subject of the referral and, if there is one, the complainant, either individually or at the same time, and attempt to facilitate a nondisciplinary resolution of the matter at issue;

(3) impose terms or conditions as an alternative to discipline;

(4) refer to Disciplinary Counsel any matter that the panel concludes is more appropriate for a disciplinary or disability investigation.

F. Terms and Conditions. Any terms or conditions will be in writing and delivered to the responding attorney. Terms and conditions may include, but will not be limited to:

(1) a referral to an appropriate health-care provider, counseling program, treatment program, or substance-abuse program;

(2) participation in aftercare services;

(3) continuing legal education;

(4) law practice management training;

(5) participation in the fee arbitration program offered by the Vermont Bar Association;

(6) mentoring;

(7) compliance monitoring.

G. Failure to Participate or Violation of Terms and Conditions. If a lawyer refuses to participate in the nondisciplinary resolution of the matter or fails to comply with any terms or conditions imposed by an assistance panel, the matter may be referred to Disciplinary Counsel for investigation.

H. Satisfaction of Terms and Conditions. A lawyer will provide an affidavit demonstrating compliance with any terms and conditions imposed by an assistance panel. Upon satisfaction of compliance, the assistance panel will close the matter. The resolution will be considered nondisciplinary.

I. Closure. Any matter fully resolved by an assistance panel will be closed. The resolution will be considered nondisciplinary.

J. Compensation and Expenses. Assistance panel members will be reimbursed for reasonable and necessary expense related to the performance of their duties in the same way Board members are reimbursed.