(1) As used in this chapter "Idaho State Bar Lawyer Assistance Program" means the lawyer’s assistance program created by the commissioners of the Idaho state bar pursuant to section XII of the Idaho bar commission rules.
(2)  The records and proceedings of the lawyer’s assistance program are not subject to subpoena or discovery and are not admissible as evidence in an administrative proceeding or a criminal or civil action.

Terms Used In Idaho Code 54-4901

  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • State: when applied to the different parts of the United States, includes the District of Columbia and the territories; and the words "United States" may include the District of Columbia and territories. See Idaho Code 73-114
  • Subpoena: A command to a witness to appear and give testimony.
  • Testify: Answer questions in court.
(3)  Members of the board of commissioners of the Idaho state bar association, members of the lawyer’s assistance program committee, employees, contractors and past or present participants in a lawyer’s assistance program may not be compelled to testify before any agency, board, commission or court with respect to the lawyer’s assistance program records and proceedings, regarding a past or current lawyer’s assistance program participant if that information was obtained as a result of performing duties within his or her regular scope of functions for the lawyer’s assistance program or as a program participant.
(4)  Records regarding a participant shall be released if a properly completed release form signed by the participant is submitted.