WILLIAM DONALD SCHAEFER, Governor

Ch. 231

47.

(A)  (1) IN THIS SECTION, THE FOLLOWING WORDS HAVE THE
MEANINGS INDICATED.

(2)  "CIVIL ACTION" DOES NOT INCLUDE:

(I)  A PROCEEDING BEFORE THE ATTORNEY GRIEVANCE
COMMISSION; OR

(II)  AN ATTORNEY DISCIPLINARY PROCEEDING BEFORE
A CIRCUIT COURT OR THE COURT OF APPEALS.

(3)  "LAWYER COUNSELING COMMITTEE" MEANS A COMMITTEE
THAT IS:

(I)  A STANDING COMMITTEE OF THE MARYLAND STATE
BAR ASSOCIATION;

(II)  RECOGNIZED BY THE COURT OF APPEALS OF
MARYLAND; AND

(III)  COMPOSED OF ATTORNEYS AND THOSE LAY
PERSONS NECESSARY TO CARRY OUT ITS FUNCTIONS.

(B)  FOR PURPOSES OF THIS SECTION, A LAWYER COUNSELING
COMMITTEE EVALUATES AND PROVIDES ASSISTANCE TO ANY ATTORNEY IN
NEED OF TREATMENT AND REHABILITATION FOR SUBSTANCE ABUSE OR OTHER
PHYSICAL, EMOTIONAL, OR MENTAL CONDITION THAT ADVERSELY AFFECTS
AN ATTORNEY'S ABILITY TO PRACTICE LAW IN ACCORDANCE WITH THE
RULES AND PROCEDURES ADOPTED BY THE COURT OF APPEALS OF MARYLAND.

(C)  THE PROCEEDINGS, RECORDS, AND FILES OF A LAWYER
COUNSELING COMMITTEE ARE NOT DISCOVERABLE AND ARE NOT ADMISSIBLE
INTO EVIDENCE IN ANY CIVIL ACTION ARISING OUT OF MATTERS THAT ARE
BEING OR HAVE BEEN REVIEWED AND EVALUATED BY THE LAWYER
COUNSELING COMMITTEE.

(D)  NOTWITHSTANDING ANY OTHER PROVISIONS OF LAW OR RULE TO
THE CONTRARY, A MEMBER OF A LAWYER COUNSELING COMMITTEE WHO ACTS
IN GOOD FAITH AND WITHIN THE SCOPE OF JURISDICTION OF A LAWYER
COUNSELING COMMITTEE IS NOT CIVILLY LIABLE OR SUBJECT TO ANY
DISCIPLINARY PROCEEDING FOR ANY ACTION AS A MEMBER OF THE LAWYER
COUNSELING COMMITTEE OR FOR GIVING INFORMATION TO, PARTICIPATING
IN, OR CONTRIBUTING TO THE FUNCTION OF THE LAWYER COUNSELING
COMMITTEE.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall
take effect July 1, 1987.

Approved April 29, 1987.

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