[Amended June 28, 2002, effective July 1, 2001; amended December 2, 2003, effective January 1, 2004; and amended by order filed August 30, 2013, effective January 1, 2014.]
The program shall enlist volunteer counselors whose responsibility may include:
TLAP shall provide the following services:
The contract participant may request from TLAP letters of compliance addressed to the contract participant for the participant to provide to outside sources as he or she deems appropriate. TLAP or the contract participant may terminate the monitoring agreement at any time.
A contract participant may request monitoring with reporting to a non-disciplinary authority as the reporting designee. The reporting designee will receive a copy of the monitoring agreement and may request a status report at any time. The reporting designee will be notified if the client becomes substantially noncompliant. The contract participant, reporting designee, or TLAP may terminate the agreement at anytime. If TLAP or the contract participant terminates the agreement, the reporting designee will be notified immediately.
A disciplinary or licensing authority, such as the Board of Law Examiners, Board of Professional Responsibility, or Board of Judicial Conduct, may request TLAP to conduct an evaluation of a law student, attorney or judge. The request shall be in writing from the disciplinary authority or licensing authority to both TLAP and the referred attorney, and may be by court order. Following the evaluation, TLAP will provide the disciplinary or licensing authority with a written summary of TLAP's recommendations. If monitoring is recommended by TLAP, the disciplinary or licensing authority will be listed as the reporting designee. The disciplinary or licensing authority shall be notified if the referred law student, attorney or judge becomes substantially noncompliant with the terms of the agreement. The disciplinary or licensing authority may request a status update concerning substantial noncompliance at any time. TLAP shall provide an affidavit upon request of any party to the proceedings. Upon conclusion of a proceeding of any licensing or disciplinary authority, the monitoring agreement shall end, unless continued monitoring is specifically required in writing for a specified period of time following the conclusion of a proceeding.
Subject to this rule and approval by TLAP, any bar association or other approved entity may establish an impaired lawyer program for the purpose of assisting lawyers with substance abuse problems, mental illness, or other impairments that may affect the lawyer's professional conduct. These programs are not agents of TLAP and have no authority to bind TLAP by their actions. Such approved programs shall operate as follows:
The certified copy of the resolution delivered to the Supreme Court to effectuate the funds transfer prescribed in this subparagraph 33.09(B) shall be duplicated and also provided to the Administrative Office of the Courts, together with identification of the bank account or accounts of the Supporting Organization to which the affected loan funds are to be transferred. Promptly upon receipt of such documents and information, the Administrative Office of the Courts shall, under authority of this Rule, transfer such funds by check or electronic means to the designated account(s).
The TLAP Commission may likewise assign, endorse (without recourse) and transfer to the Supporting Organization all assets constituting and/or directly related to transferred loan funds and loan program operations, including (without limitation) accounts receivable, promissory notes, security agreements, physically possessed collateral, payment records, loan applications and files, loan underwriting information, records of Commission loan committee approval and other relevant action, correspondence regarding default, modification and extension agreements, contracts with outside collection firms, and copies of cross-defaulting Monitoring Agreements. The Supporting Organization shall assume the Commission's liability, if any, with respect to the funding of any loan which the Commission has committed to a borrower or directly-paid provider (such as a treatment center) to fund but not yet funded at the time of the associated loan transfer, provided the Supporting Organization has received cash sufficient to perform such funding itself.
The TLAP Commission may, in its discretion, permit its staff members to assist the Supporting Organization in its mission and operations on any basis which does not impair any staff member's performance of his or her duties to the Commission or TLAP programming and does not cause any violation of any policy of the Court or the State of Tennessee requiring in substance that employees devote full time and attention to their duties as such. The TLAP Commission also may, in its discretion, permit the Supporting Organization to utilize the facility referred to in Ruleso long as such use does not impair TLAP's continuing operations or constitute or cause a breach of any lease agreement to which the Commission is either directly or indirectly a party.
All information received or generated by the Supporting Organization and its directors, officers, employees, and persons volunteering service in its operations shall be included in the scope of the confidentiality provisions in Rule; and all such persons shall be entitled to the immunity prescribed in Rule .
No funds transferred pursuant to this Ruleshall be or be deemed as, or have any relation to, the funds referred to in Rule .
[Amended by order filed September 17, 2002.]
The TLAP office shall be so located as to be consistent with the privacy and confidentiality requirements of this rule.
TLAP shall be reviewed annually by the Tennessee Supreme Court and shall remain in full force and effect until otherwise ordered by the Tennessee Supreme Court.
Tenn. R. Sup. Ct. 33