Rule 35.13 - Order for mental or physical examination or treatment(1)Order requiring examination or treatment. An attorney who is licensed to practice law in the State of Iowa is, as a condition of licensure, under a duty to submit to a mental or physical examination or subsequent treatment as the disciplinary board may order. The disciplinary board may order the examination or treatment based upon a showing of probable cause to believe the attorney is suffering from a condition that impairs the attorney's ability to discharge professional duties. The disciplinary board may order that the examination or treatment be at the attorney's expense.(2)Show cause hearing. Before the disciplinary board may order an attorney to submit to examination or treatment, it must schedule a hearing to permit the attorney to show cause why the board should not enter the order. At least three members of the disciplinary board must participate in the hearing. At the hearing, the disciplinary board's staff counsel must first present evidence of probable cause supporting the need for examination or treatment. The attorney may then respond to the staff counsel's showing and rebut the claim that the examination or treatment is necessary. The hearing will be informal and the strict rules of evidence will not apply. Following the hearing, the disciplinary board, by majority vote, must either dismiss the matter or enter an order requiring examination or treatment.(3)Content of order. The disciplinary board's order for mental or physical examination or treatment must include the following: a. A description of the type of examination or treatment to which the attorney must submit.b. The name and address of the examiner or treatment facility that the disciplinary board has identified to perform the examination or provide the treatment.c. The time period in which the attorney must schedule the examination or enter treatment.d. The amount of time in which the attorney is required to complete the examination or treatment.e. A requirement that the attorney provide a report or reports of the examination or treatment results to the disciplinary board within a specified period of time.f. A requirement that the attorney communicate with the disciplinary board regarding the status of the examination or treatment.g. A provision allowing the attorney to request additional time to schedule the examination or complete the treatment or to request that the disciplinary board approve an alternative examiner or treatment facility. The disciplinary board has sole discretion to determine whether to grant the request.(4)Review. An attorney who disagrees with the disciplinary board's order may seek review from the supreme court by filing a petition for review with the supreme court clerk and serving one copy of the petition on the disciplinary board within seven days after receipt of the board's order. The disciplinary board may file a response to the petition with the supreme court clerk and serve one copy of the response on the attorney within seven days after service of the petition. The matter will be promptly set for hearing before one or more justices of the supreme court. The disciplinary board's order is stayed upon the filing of the petition for review.(5)Hearing. At the hearing on the petition, the disciplinary board must present evidence of probable cause supporting its order and the necessity for the examination or treatment. The attorney may then respond to the disciplinary board's showing and rebut the board's claim that the examination or treatment is necessary. The hearing will be informal and the strict rules of evidence will not apply. Following the hearing, the supreme court may affirm, vacate, or modify the disciplinary board's order or may enter such order as the circumstances warrant.(6)Failure to submit. An attorney's failure to submit to the examination or treatment the disciplinary board orders under this rule may be grounds for discipline through the normal disciplinary process.(7)"Condition. " For purposes of this rule, "condition relating to the attorney's impairment" means any physiological, mental or psychological condition, impairment, or disorder, including a substance-related disorder.(8)Confidentiality. All records, papers, proceedings, meetings, and hearings filed or conducted under this rule are confidential unless the supreme court orders otherwise. Iowa. Sup. Ct. Att. Discip. Brd. R. P. 35.13
Court Order January 26, 2016, effective 4/1/2016; 12/13/2017, effective 1/1/2018.COMMENT: Rule 35.13 formerly appeared as Iowa Court Rule 34.12.