December 24, 2019
Effective January 1, 2020

In re:

5.19 PROCEDURE FOLLOWING DECISION OF A DISCIPLINARY HEARING PANEL

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(h) A respondent upon whom discipline is imposed by this Court shall be taxed costs in the matter. The chief disciplinary counsel shall prepare an itemized bill of costs allowable in each case, including expenses incurred by the chief disciplinary counsel in the course of the investigatory, hearing, or review procedures under this Rule. The itemized bill of costs, with associated invoices or receipts attached, shall be served upon respondent by first class United States mail. Within 15 days of receipt of the bill of costs, respondent shall either accept and pay such costs or notify the chief disciplinary counsel of any objections thereto. The chief disciplinary counsel may either reduce the bill of costs in accordance with the respondent's objection or may file a motion requesting that the Court review the bill of costs and enter an order with regard thereto.

In addition to such costs, a respondent upon whom discipline is imposed by this Court shall be assessed an investigative expense in the following amounts depending upon the nature of the discipline imposed:

The costs and investigative expense shall be paid to the clerk of this Court to the credit of the advisory committee fund.

COMMENT

[1] Rule 5.19(h) provides that a respondent attorney upon whom discipline is imposed by the Court shall be taxed out-of-pocket costs incurred in the disciplinary case. Such costs may include expenses that would qualify as taxable costs recoverable in civil proceedings as well as additional out-of-pocket costs incurred by the disciplinary authority including, but not limited to, transcripts and fees paid to court reporters for transcripts of investigatory statements, depositions, and disciplinary hearing panel proceedings; copy costs necessary to the investigation and disciplinary hearing panel hearing; fees for service of process; witness fees and travel expenses for witnesses; travel and out-of-pocket expenses incurred by the disciplinary hearing panel counsel in the matter; travel and out-of-pocket expenses incurred by disciplinary counsel associated with the investigation or hearing in the matter; bank charges for producing records; expenses incurred in the physical or mental examination of a respondent attorney; and fees for translation services, if necessary.

Day – to – Day

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GEORGE W. DRAPER III
Chief Justice