Skip to main content

Rule 8.1 Action on Adjudication of Incompetency

Title 8 Disability Proceedings

(a) Grounds. The Board must automatically transfer an LLLT from active to disability inactive membership status upon receipt of a certified copy of the judgment, order, or other appropriate document demonstrating that the LLLT:

(1) was found to be incapable of assisting in their own defense in a criminal action; (2) was acquitted of a crime based on insanity; or

(3) had a guardian (but not a limited guardian) appointed for their person or estate on a finding of incompetency.

(b) Notice to LLLT. The Board must forthwith notify the disabled LLLT and their guardian, if one has been appointed, of the transfer to disability inactive status. The Association must also notify the Supreme Court of the transfer and provide a copy of the judgment, order, or other appropriate document on which the transfer was based.

[Adopted effective January 7, 2016 as an interim rule; Adopted effective October 28, 2025 as a permanent rule.]