From Casetext: Smarter Legal Research

In re Arkansas Lawyers Assistance Program

Supreme Court of Arkansas
Dec 1, 2005
(Ark. Dec. 1, 2005)

Opinion

December 1, 2005


On December 7, 2000, this Court issued a per curiam order creating the Arkansas Lawyers Assistance Program (ALAP). Subsequently, on March 22, 2001, we appointed the first nine members of the ALAP Committee.

That Committee has asked this Court to amend Rule 10 of the ALAP Rules concerning the matter of immunity. The Committee has noted that the Board of Law Examiners and its staff, as well as the Committee on Professional Conduct and its staff, are provided immunity to the "full extent of judicial immunity in Arkansas." Upon request of the ALAP Committee, and to maintain consistency among these boards or committees, we amend Rule 10 of the ALAP Rules as it appears on the attachment to this order.

Rule 10. CONFIDENTIALITY AND IMMUNITY

Information and actions taken by ALAP shall be held in the strictest confidence and shall not be disclosed or required to be disclosed to any person or entity outside of ALAP, unless such disclosure is authorized by the member of the legal profession to whom it relates or as provided in Rule 7 (B) hereof, Arkansas Model Rules of Professional Conduct, Rule 8.3 (d) and (e), or Arkansas Code of Judicial Conduct, Canon 3D (4) and (5). Except as provided in Rule 7 (B), Model Rule 8.3 (d) and (e) or Canon 3D (4) and (5), such information and actions shall be excluded as evidence in any complaint, investigation, or proceeding before the Arkansas Professional Conduct Committee, Arkansas Judicial Discipline and Disability Commission, or disciplinary agency with jurisdiction.

Committee members, employees, and agents including volunteers recruited under Rule 4 are relieved of the duty of disclosure of information to authorities as imposed by Rule 8.3 of the Arkansas Model Rules of Professional Conduct and Canon 3D of the Arkansas Code of Judicial Conduct except as provided for in Model Rule 8.3 (d) and (e) and Canon 3D (4) and (5).

Committee members and employees of the committee are absolutely immune from suit or action for their activities in discharge of their duties hereunder to the full extent of judicial immunity in Arkansas.


Summaries of

In re Arkansas Lawyers Assistance Program

Supreme Court of Arkansas
Dec 1, 2005
(Ark. Dec. 1, 2005)
Case details for

In re Arkansas Lawyers Assistance Program

Case Details

Full title:IN RE: ARKANSAS LAWYERS ASSISTANCE PROGRAM

Court:Supreme Court of Arkansas

Date published: Dec 1, 2005

Citations

(Ark. Dec. 1, 2005)