Support a Colleague in Crisis With Confidence and Care

We are a self-regulating profession with a duty to promote the administration of justice and preserve the integrity of the organized Bench and Bar. Canon 2 of the Pennsylvania Code of Judicial Conduct indicates that “appropriate action” must be taken if impairment of a lawyer or judge is suspected. Such action may include referral to a lawyer or judicial assistance program (such as Lawyers Concerned for Lawyers or Judges Concerned for Judges):

Rule 2.14. Disability and Impairment

“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 (emphasis added).

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 (emphasis added). Assistance programs have many approaches for offering help to impaired judges and lawyers, such as intervention, counseling, or referral to appropriate health care professionals. 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.”