Administrative Rule 49 - JUDICIAL AND LAWYER ASSISTANCE PROGRAM
Effective Date: 3/1/2025
Section 1. Purpose.
In furtherance of the supreme court's constitutional responsibility for the supervision judicial officer and of lawyer conduct, this rule provides for the establishment of a mechanism to protect the public, assist judicial officers and lawyers in the performance of their duties and responsibilities as well as to maintain and improve the integrity of the judicial system and legal profession.
Section 2. Judicial and Lawyers Assistance Program — Establishment.
The supreme court and state bar association of North Dakota may establish an assistance program for judicial officers, lawyers, and for students attending the University of North Dakota School of Law to aid in preventing and alleviating problems that may adversely influence a judicial officer’s, lawyer's, or student's performance.
Section 3. Judicial and Lawyer Assistance Committee
A judicial officer and lawyer assistance committee is established to oversee the operations of the program established under this rule. The committee will be comprised of six members. Three members, including one lay member, will be appointed by the board of governors of the state bar association. Three members, including one lay member and one district court judge, will be appointed by the chief justice. No term limits will apply to committee members. Each member is entitled to reimbursement by the member's appointing authority for actual expenses incurred in the performance of committee duties. The president of the state bar association, after consultation with the chief justice, will appoint the committee chair.
Section 4. Confidentiality.
Information regarding a judicial officer’s, lawyer's, or a student's participation in the assistance program and any communications made to or information received by a committee member, peer counselor, or program staff of the program are confidential and may not be disclosed without the consent of the affected party. Confidentiality under this section does not prohibit the disclosure of information when disclosure is considered reasonably necessary to prevent the commission of an act that is believed likely to result in imminent death or imminent substantial bodily harm.
Section 5. Immunity.
A committee member, peer counselor, or program staff in the assistance program is immune from suit for any conduct in the course of the person's official duties. Any person who in good faith reports information in connection with the program is immune from suit for reporting the information. A judicial officer or lawyer who participates in the program as a committee member, peer counselor, or program staff has qualified immunity from disciplinary complaints for conduct in the course of the participant's official duties as a participant in the program.
Rule 49 was adopted, effective August 1, 2004; and amended effective June 1, 2014; August 11, 2021, March 1, 2025.
Sources: Joint Committee on Attorney Standards Meeting Minutes of June 11, 2002, November 15, 2002, February 28, 2003, September 25, 2003, November 14, 2003, and March 14, 2014; Judiciary Standards Committee Meeting Minutes of November 1, 2024.