Opinion
January 10, 2006.
Before STEELE, Chief Justice, HOLLAND, BERGER, JACOBS, and RIDGELY, Justices (constituting the Court en Banc)
ORDER
This 10th day of January, 2006, IT IS HEREBY ORDERED THAT, effective immediately:
(1) Amend Supreme Court Rule 69(b)(ii) by deleting the word "and" after the phrase "Rule 64(g)" and placing a comma after the phrase "Rule 64(g)".
(2) Amend Supreme Court Rule 69(b)(ii) by inserting the phrase "and Supreme Court Rule 74." after the phrase Rule 3(c)3(a).
(3) Amend Supreme Court Rule 69(d)(ii) by deleting the word "and" after the phrase "Rule 66(e)(i)" and placing a comma after the phrase "Rule 66(e)(i)".
(4) Amend Supreme Court Rule 69(d)(ii) by inserting the phrase "and Supreme Court Rule 74." after the phrase "Rule 3(C)(3)(a)" at the end of the sentence
(5) A new Supreme Court Rule 74 is hereby promulgated as follows to read: Rule 74. Delaware Lawyers' Assistance Program.
(1) Operation. There shall be a Lawyers' Assistance Program to be overseen by the Delaware Bar Foundation which shall monitor the financial operation and administration of the program. The Delaware Bar Foundation shall receive an annual grant from the Court to finance the Program and have the authority, subject to the review of the Court, to set forth terms and conditions for the distribution of funds to Delaware State Bar Association for the operation of the Program through its Lawyers' Assistance Committee.
(2) Purpose. The purpose of the Delaware Lawyers' Assistance Program is to provide assistance to Delaware attorneys and members of the State Judiciary with alcohol, drugs, gambling, emotional, behavioral, or other personal problems that effect well-being and professional performance.
(3) Annual Assessment. All active Delaware lawyers shall pay an annual assessment to the Lawyers' Assistance Program in an amount to be determined by the Court pursuant to the annual registration process under Supreme Court Rule 69.