Rule 6 Referrals to the West Virginia Judicial and Lawyer Assistance Program

When a judge is accused of misconduct, the groups handling the case can look into whether drugs, alcohol, or a mental or physical health problem played a role. This includes health issues that come with aging. If they have good reason to believe one of these problems caused the judge's misconduct, they can refer the judge to the West Virginia Judicial and Lawyer Assistance Program (WVJLAP) for help.

Three different groups can make this referral: the Judicial Investigation Commission, Judicial Disciplinary Counsel, and the Judicial Hearing Board. Each group gets to decide on its own whether a referral makes sense based on what they know about the situation. None of them are required to make a referral, but they have the option when it seems like health issues are part of the problem.

This rule gives judges a path toward getting help instead of just facing punishment. If drugs, alcohol, or a health condition is behind the misconduct, connecting the judge with WVJLAP can address the root cause. This can be part of handling the disciplinary matter in a way that considers the judge's wellbeing along with accountability for their actions.