Section 2.14. Disability and Impairment

A magisterial district judge having a reasonable belief that the performance of a lawyer or another magisterial district 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.

Comment:

(1) ‘‘Appropriate action’’ means action intended and reasonably likely to help the magisterial district 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 magisterial district judge’s responsibility under this Rule. Assistance programs have many approaches for offering help to impaired magisterial district 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 magisterial district judge’s attention, however, the magisterial district judge may be required to take other action, such as reporting the impaired magisterial district judge or lawyer to the appropriate authority, agency, or body. See Rule 2.15.