| | | Be it enacted by the People of the State of Maine as follows: |
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| | | Sec. 1. 14 MRSA §164-A is enacted to read: |
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| | | §164-A.__Maine Assistance Program for Lawyers; immunity |
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| | | 1.__Definition.__As used in this section, unless the context | | otherwise indicates, the following term has the following | | meaning. |
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| | | A.__"Program" means the Maine Assistance Program for | | Lawyers established by court order pursuant to Title 4, | | section 421 to provide help to lawyers and judges who | | suffer from the effects of chemical dependency or mental | | conditions that result from disease, disorder, trauma or | | other infirmity and that impair a lawyer's or judge's | | ability to practice law or serve in a judicial capacity. |
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| | | 2.__Receive or report information; take or not take action.__ | | A person or an organization receiving information, reporting | | information, taking action or taking no action on behalf of or | | in connection with the activities of the program is immune | | from all civil liability.__The immunity provided by this | | subsection must be liberally construed to accomplish the | | purposes of the program.__The immunity provided by this | | subsection is in addition to any other immunity provided by | | law. |
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| | | 3.__Information confidential.__All proceedings, | | communications and records, including the identity and | | treatment of a person seeking or being furnished assistance, | | connected in any way with the program are confidential and are | | not subject to compulsory legal process or otherwise | | discoverable or admissible in evidence in any civil action | | unless the confidentiality is waived by the affected person.__ | | Statistical data not identifying a person involved in the | | program may be made available for statistical evaluation as a | | professional aid in furtherance of the goals of the program. |
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| | | The purpose of this bill is to provide immunity from civil | | liability for persons or organizations involved with the Maine | | Assistance Program for Lawyers, which was established by a | | court order dated September 1, 2002. The bill also provides | | that all proceedings, communications and records connected | | with the Maine Assistance Program for Lawyers are | | confidential. |
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