No one disputes that illnesses such as chemical dependency and other physical and mental disorders can impair a judge’s or lawyer’s ability to perform his or her professional duties in an ethical manner. Accordingly, across the country, Supreme Courts, Discipline, and Admissions are becoming more attuned to the presence of these conditions as well as to the fact that recovery from these conditions is possible. Recovery must be objectively dependable, however, and at rates that reflect it safe for the public when allowing the individual in Recovery to practice law.

Unfortunately, the question of whether a lawyer or judge is, or has been, impaired is often more easily answered than are the questions of whether he or she is recovering from the impairment or whether the quality of that recovery is such that it will likely arrest the misconduct. In answering these questions, examination and close supervision over time is invaluable in both discerning the quality of the recovery and in providing objective assurances to any third parties that may be involved.

Depending on the type of case being monitored and the needs of the participant, the participant often requires TLAP to provide monitoring and monitoring compliance reports to the Supreme Court, Bar Admissions, the Office of the Disciplinary Counsel, employers such a law firms, or any other interested parties that the participant desires so as to assure them that the participant is in Recovery and safe to practice law. A well designed and implemented Recovery Monitoring Program offers an efficient and effective vehicle for this examination and close supervision.

Aside from any given participants’ potential need to objectively demonstrate sustained remission and satisfy third-party concerns, monitoring programs have been identified as therapeutically critical to long term recovery without relapse.

Thus, even if the person has no external need to prove recovery to anyone else, the TLAP monitoring program is still recommended when clinically applicable and to provide the structured support that is critical to long-term success after mental health treatment for alcoholism, addiction, or other mental health issues that require long-term therapy. Monitoring is always recommended by treatment facilities as part of their discharge recommendations.

To learn more about TLAP Monitoring services and whether it could personally benefit you or a colleague, please contact TLAP for more information.