Ch. 3

LAWS OF MARYLAND

(1)  IS RECOGNIZED BY THE COURT OF APPEALS;

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

(3)  CONSISTS OF LAWYERS AND OTHER INDIVIDUALS
NECESSARY TO CARRY OUT THE FUNCTIONS OF THE COMMITTEE; AND

(4)  EVALUATES AND HELPS A LAWYER IN NEED OF TREATMENT
AND REHABILITATION FOR:

(I)  SUBSTANCE ABUSE; OR

(II)  ANY OTHER PHYSICAL, EMOTIONAL, OR MENTAL
CONDITION THAT ADVERSELY AFFECTS THE ABILITY OF THE LAWYER TO
PRACTICE LAW IN ACCORDANCE WITH THE RULES ADOPTED BY THE COURT OF
APPEALS.

(B)  MATTERS NOT DISCOVERABLE OR ADMISSIBLE.

(1)  THIS SUBSECTION DOES NOT APPLY TO A PROCEEDING
BEFORE THE ATTORNEY GRIEVANCE COMMISSION OR A DISCIPLINARY
PROCEEDING AGAINST A LAWYER BEFORE A CIRCUIT COURT OR THE COURT
OF APPEALS.

(2)  THE PROCEEDINGS, RECORDS, AND FILES OF A LAWYER
COUNSELING COMMITTEE ARE NOT ADMISSIBLE INTO EVIDENCE OR
DISCOVERABLE IN A CIVIL ACTION THAT ARISES OUT OF A MATTER THAT
THE LAWYER COUNSELING COMMITTEE IS OR HAS BEEN REVIEWING.

(C)  IMMUNITY OF COMMITTEE MEMBERS.

NOTWITHSTANDING ANY OTHER LAW, A MEMBER OF A LAWYER
COUNSELING COMMITTEE WHO ACTS IN GOOD FAITH AND WITHIN THE SCOPE
OF THE JURISDICTION OF THE COMMITTEE IS NOT CIVILLY LIABLE OR
SUBJECT TO A DISCIPLINARY PROCEEDING FOR:

(1)  AN ACTION AS A MEMBER OF THE COMMITTEE; OR

(2)  GIVING INFORMATION TO, PARTICIPATING IN, OR
CONTRIBUTING TO THE FUNCTIONING OF THE COMMITTEE.

REVISOR'S NOTE: This section is new language derived
without substantive change from former Art. 10, § 13.

In subsection (a)(4)(ii) of this section, the former
reference to "procedures" adopted by the Court of
Appeals is deleted as included in the reference to
"rules" adopted by that Court.

The Business Occupations Article Review Committee
notes, for consideration by the General Assembly, that
subsection (b) of this section ensures the

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