Basic HTML Version
RULE 8. PROCEEDINGS WHEN PRACTITIONER DECLARED MENTALLY
INCOMPETENT OR ALLEGED TO BE INCAPACITATED
(a) Practitioner Declared Mentally Incompetent or Involuntarily Committed.
After receiving
evidence that a practitioner has been:
(1) Judicially declared incompetent; or
(2) involuntarily committed to a mental health facility,
the Clerk will issue an order imposing on the practitioner concerned an immediate temporary
nondisciplinary suspension from practice until proceedings under this Rule are concluded and
will mail a copy of the suspension order (along with a copy of these rules) to the practitioner
concerned and the guardian, and send copies of the order to the director of the mental-health
hospital, any appellants represented by the practitioner concerned, and a sponsoring attorney or
organization (including an organization that arranged for pro bono representation by the
practitioner concerned before the Court), as appropriate.
(b) Practitioner Alleged to be Incapacitated.
After receiving information that:
(1) A practitioner's physical or mental condition may adversely affect the practitioner's ability
to practice law; or
(2) a practitioner may be incapacitated for the practice of law by reason of the use of drugs or
intoxicants,
the Clerk will inform the Chief Judge. If the Chief Judge determines that the evidence received
under this subsection does not have prima facie validity, the matter will be closed and the Chief
Judge will direct the Clerk to so notify the practitioner and, if the evidence was received in the
form of a grievance, will direct the Clerk to return the grievance to the filing party with notice
of that determination. If the Chief Judge determines that the evidence has prima facie validity,
the Chief Judge will instruct the Clerk to refer the matter to a Panel and the Clerk will issue an
order doing so. The Panel may take or direct action to determine whether the practitioner
concerned is so adversely affected or incapacitated, including examination (at the Court's
expense) by qualified medical experts designated by the Court. Failure or refusal by the
practitioner concerned to submit to such examination is evidence of incapacity. If the evidence
is filed by a judge or judges of the Court, that judge or those judges will not be included in the
Panel to which the matter is referred. The Clerk will mail to the practitioner concerned a copy
of any referral order (along with a copy of these rules).
(c) Determination by the Panel.
(1) After action is taken under subsections (a) or (b) above, the Panel will:
14