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Committee on Professional Responsibility for Clerks Rule 9: Cases Involving Allegations of Mental or Physical Disability

[Disclaimer]

In considering allegations of mental or physical disability, the Committee shall, insofar as applicable and except as provided below, follow procedures established by these Rules.

A. If in a matter relating to mental or physical disability the clerk is not represented by counsel, the Committee may appoint an attorney to represent him at public expense.

B. If a complaint or statement of allegations involves the mental or physical health of a clerk, a denial of the alleged disability or condition shall constitute a waiver of medical privilege and the clerk shall be required to produce his medical records.

C. In the event of a waiver of medical privilege, the clerk shall be deemed to have consented to an examination by a qualified medical practitioner designated by the Committee. The report of the medical practitioner shall be furnished to the Committee and the clerk.