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


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.