W. Va. Jud. Cond. 2.14

As amended through January 31, 2024

Rule 2.14 - Disability and Impairment

(A) A judge having a reasonable belief that the performance of a lawyer or another judge is impaired by drugs or alcohol, or by a mental, emotional, or physical condition, shall take appropriate action, which may include a confidential referral to a lawyer or judicial assistance program.

(B) Acts of a judge in the discharge or responsibilities required or permitted by paragraph (A) are part of a judge's judicial duties and shall be absolutely privileged, and no civil action predicated thereon may be instituted against the judge.

COMMENT

[1] "Appropriate action" means action intended and reasonably likely to help the judge or lawyer in question address the problem and prevent harm to the justice system. Depending upon the circumstances, appropriate action may include but is not limited to speaking directly to the impaired person, notifying an individual with supervisory responsibility over the impaired person, or making a referral to an assistance program.

[2] Taking or initiating corrective action by way of referral to an assistance program may satisfy a judge's responsibility under this Rule. Assistance programs have many approaches for offering help to impaired judges and lawyers, such as intervention, counseling, or referral to appropriate health care professionals. The program for judges is the Judicial Committee on Assistance and Intervention. The program for lawyers is the Lawyer Assistance Program. Depending upon the gravity of the conduct that has come to the judge's attention, however, the judge may be required to take other action, such as reporting the impaired judge or lawyer to the appropriate authority, agency, or body. See Rule 2.15.

Clerk's Notes on Rule 2.14

Rule 2.14 and its comment are derived from the 2007 Model Rules, with two additions. Paragraph (B) is carried over from Canon 3D(4) of the existing West Virginia Code of Judicial Conduct. Additionally, the third and fourth sentences of Comment [2] were added in order to specify the assistance programs that are available in West Virginia.