Rules. Kentucky Supreme Court Rules 3.900 through 3.995 establish and implement the Kentucky Lawyer Assistance Program (KYLAP).
Mission and Purpose. The mission and purpose of KYLAP is to address impairment or potential impairment issues within the Kentucky legal community and to offer confidential assistance to those who are affected in a manner that serves to help insure a continuing high standard of professional competence. Strict confidentiality is assured by SCR 3.990.
What is KYLAP? KYLAP is a broad-brush program involving assistance for impairment that may result from addiction to intoxication or drugs, chemical dependency, substance abuse, mental disease, mental disorder or defect, psychological or emotional illness that impairs, or may forseeably impair, a person’s ability to practice law or serve on the bench.
Referrals. KYLAP may receive referrals in four ways: 1) Self Referral; 2) Third Party Referral; 3) Agency Referral; or 4) Supreme Court Referral.
For Self Referrals and Third Party Referrals, confidentiality is assured.
SCR 3.990 reads, in pertinent part:
All communications to KYLAP, all information gathered, records maintained and actions taken by KYLAP, shall be kept confidential by KYLAP’s staff and volunteers; shall not be disclosed by KYLAP to any person or entity, including any agency of the Court and any department of the Association; and shall be excluded as evidence in any civil, criminal or administrative proceeding and in any proceeding before the Court, the Board of Governors or the Office of Bar Admissions, except that:
(a) if the person who is the subject of KYLAP’s assistance has provided a written release authorizing disclosure of communications to KYLAP or information gathered, records maintained or actions taken by KYLAP. KYLAP may disclose such information in strict accordance with the terms and conditions of that written release.
The primary objective of KYLAP in these referrals is to assist the impaired or potentially impaired members of the Kentucky legal community in their recovery in a safe, secure and totally confidential forum.
For Agency Referrals, KYLAP offers assistance to the Office of Bar Admissions, the Inquiry Commission, the Office of Bar Counsel and other agencies in deciding what action should be implemented to assist the impaired member and to maintain a continuing high standard of professional competence for the protection of the public. This may include the execution of a Supervision Agreement, setting out certain conditions and requirements for the impaired member.
For Supreme Court Referrals, KYLAP, after final disposition by the Court, accepts appropriate tasks and responsibilities, and will provide assistance in accordance with the Courts’ Order.
Let Us Help. KYLAP takes the firm position that alcoholism, substance abuse, addictive behavior and psychological problems are treatable illnesses rather than moral issues. Our experience has shown that the only stigma attached to these illnesses is an individuals’ failure to seek help. If you, or another member of the Kentucky legal community you know, is experiencing problems related to alcoholism, drug addiction, other addictions, depression, stress or other psychological problems, please call. All calls are confidential. Please contact Yvette Hourigan, KYLAP Director, using one of these resources:
KBA Office phone: 502-564-3795
E-mail: Yvette Hourigan, Director firstname.lastname@example.org
Ashley Beitz, Assistant to Director email@example.com
Address: P. O. Box 1437, Frankfort, KY 40602
KYLAP Web: www.kylap.org