| 14.5—Application
to Court for Order Requiring a Medical Examination
- Bar Counsel’s Motion. Whenever Bar Counsel concludes
there is cause to believe: (i) that respondent (whether or not
the subject of any pending disciplinary matters) should be subjected
to a compulsory medical examination because respondent appears
to be incapacitated from continuing the practice of law by reason
of a disability or addiction and likely to offer legal services
while so incapacitated, or (ii) the additional information (not
otherwise available) concerning respondent’s alleged past or current
disability or addiction is relevant to the subject matter of a
pending disciplinary matter (including respondent’s request for
mitigation of sanctions), Bar Counsel thereafter shall submit
a motion requesting authority to file on behalf of the Board,
pursuant to the applicable provision of Section 13 of Rule XI
of the Rules Governing the Bar, a petition seeking from the Court
an order requiring respondent to submit to an examination by qualified
medical experts to be designated by the Court. Bar Counsel’s motion
shall include allegations in the form of a narrative statement
of material facts setting forth in detail the reasons for the
requested examination and its relevance to any pending disciplinary
matter or protection of the public.
- Disposition of Bar Counsel’s Motion. The Board hereby
delegates to the Chair of the Board authority to decide the issues
presented by Bar Counsel’s motion and any response thereto and
to enter an appropriate order disposing of such motion.
|
