27 NCAC 01D .0612         Powers and Duties of the Board

In addition to the powers and duties set forth elsewhere in these rules, the board shall have the following powers and duties:

(1)           to exercise general supervisory authority over the administration of the lawyer assistance program consistent with these rules;

(2)           to implement programs to investigate and evaluate reports that a lawyer's ability to practice law is impaired because of substance abuse, depression, or other debilitating mental condition; to confer with any lawyer who is the subject of such a report; and, if the report is verified, to provide referrals and assistance to the impaired lawyer;

(3)           to adopt and amend regulations consistent with these rules with the approval of the council;

(4)           to delegate authority to the staff of the lawyer assistance program subject to the review of the council;

(5)           to delegate authority to investigate, evaluate, and intervene with impaired lawyers to committees composed of qualified volunteer lawyers and non-lawyers;

(6)           to submit an annual budget for the lawyer assistance program to the council for approval and to ensure that expenses of the board do not exceed the annual budget approved by the council;

(7)           to report annually on the activities and operations of the board to the council and make any recommendations for changes in the rules or methods of operation of the lawyer assistance program;

(8)           to implement programs to investigate, evaluate, and intervene in cases referred to it by a disciplinary body, and to report the results of the investigation and evaluation to the referring body;

(9)           to promote programs of education and awareness for lawyers, law students, and judges about the causes and remedies of lawyer impairment;

(10)         to train volunteer lawyers to provide peer support, assistance and monitoring for impaired lawyers; and

(11)         to administer the PALS revolving loan fund or other similar fund that may be established for the board's program to assist lawyers who are impaired because of a debilitating mental condition.

History Note:        Authority G.S. 84-22; 84-23;

Adopted Eff. February 3, 2000.