DEFINITIONS — RECORDS AND PROCEEDINGS OF THE LAWYER ASSISTANCE PROGRAM.

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54-4901. DEFINITIONS — RECORDS AND PROCEEDINGS OF THE LAWYER ASSISTANCE PROGRAM. (1) As used in this chapter "Idaho State Bar Lawyer Assistance Program" means the lawyer’s assistance program created by the commissioners of the Idaho state bar pursuant to section XII of the Idaho bar commission rules.

(2) The records and proceedings of the lawyer’s assistance program are not subject to subpoena or discovery and are not admissible as evidence in an administrative proceeding or a criminal or civil action.

(3) Members of the board of commissioners of the Idaho state bar association, members of the lawyer’s assistance program committee, employees, contractors and past or present participants in a lawyer’s assistance program may not be compelled to testify before any agency, board, commission or court with respect to the lawyer’s assistance program records and proceedings, regarding a past or current lawyer’s assistance program participant if that information was obtained as a result of performing duties within his or her regular scope of functions for the lawyer’s assistance program or as a program participant.

(4) Records regarding a participant shall be released if a properly completed release form signed by the participant is submitted.

History:

[54-4901, added 2002, ch. 363, sec. 1, p. 1024.]


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