                                 CODE OF VIRGINIA

OMBUDSMAN PROGRAM; CONFIDENTIALITY (§ 65.2-205)

A. The Commission may create an Ombudsman program and appoint an ombudsman to
administer such program. The purpose of the Ombudsman program shall be to
provide neutral educational information and assistance to persons who are not
represented by an attorney, including those persons who have claims pending or
docketed before the Commission. The ombudsman shall be an attorney licensed by
the Virginia State Bar, in active status, and in good standing. The ombudsman
and any Ombudsman program personnel shall carry out their duties with
impartiality and shall not serve as an advocate for any person or provide legal
advice.

B. All memoranda, work products, and other materials contained in the case files
of the ombudsman or Ombudsman program personnel shall be confidential. Any
communication between the ombudsman or Ombudsman program personnel and a person
receiving assistance as provided by this section that is made during or in
connection with the provision of Ombudsman program services, including
screening, intake, and scheduling, shall be confidential.
			Confidential materials and communications are not subject to disclosure and
shall not be admissible in any judicial or administrative proceeding except
where (i) a threat to inflict bodily injury is made; (ii) communications are
intentionally used to plan, attempt to commit, or commit a crime or conceal an
ongoing crime; (iii) a complaint is made against Ombudsman program personnel by
a person receiving assistance to the extent necessary for the complainant to
prove misconduct or the Ombudsman program personnel to defend against such
complaint; or (iv) communications are sought or offered to prove or disprove a
claim or complaint of misconduct or malpractice filed against the legal
representative of a person who received assistance from the Ombudsman program.
			Confidential materials and communications as described in this section are
not subject to mandatory disclosure under the Virginia Freedom of Information
Act (&#xA7; 2.2-3700 et seq.).

C. The ombudsman and Ombudsman program personnel are immune from civil liability
in their performance of the duties specified in this section.

HISTORY: 2020, c. 616.