ELC 13.9 COSTS AND EXPENSES (a) Assessment. The Association’s costs and expenses may be assessed as provided in this rule against any respondent lawyer who is ordered sanctioned or admonished. (b) Costs Defined. The term "costs" for the purposes of this rule includes all monetary obligations, except attorney fees, reasonably and necessarily incurred by the Association in the complete performance of its duties under these rules, whether incurred before or after the filing of a formal complaint. Costs include, by way of illustration and not limitation: (1) court reporter charges for attending and transcribing depositions or hearings; (2) process server charges; (3) necessary travel expenses of hearing officers, hearing panel members, disciplinary counsel, adjunct investigative counsel, or witnesses; (4) expert witness charges; (5) costs of conducting an examination of books and records or an audit under title 15; (6) costs incurred in supervising probation imposed under rule 13.8; (7) telephone toll charges; (8) fees, costs, and expenses of a lawyer appointed under rule 8.2 or rule 8.3; (9) costs of copying materials for submission to a review committee, a hearing officer or panel, or the Board; and (10) compensation provided to hearing officers or panel members under rule 2.11. (c) Expenses Defined. "Expenses" for the purposes of this rule means a reasonable charge for attorney fees and administrative costs. Expenses assessed under this rule may equal the actual expenses incurred by the Association, but in any case cannot be less than the following amounts: (1) for an admonition that is accepted under rule 13.5(a), $750; (2) for a matter that becomes final without review by the Board, $1,500; (3) for a matter that becomes final following Board review, without appeal to the Supreme Court, a total of $2,000; (4) for a matter appealed to the Supreme Court or in which the Court accepts discretionary review but not requiring briefing, a total of $2,500; and (5) for a matter appealed to the Supreme Court or in which the Court accepts discretionary review in which briefing is required, a total of $3,000. (d) Statement of Costs and Expenses, Exceptions, and Reply. (1) Timing. Disciplinary counsel must file a statement of costs and expenses with the Clerk within 20 days from any of the following events: (A) an admonition is accepted; (B) the decision of a hearing officer or panel or the Board imposing an admonition or a sanction becomes final; (C) a notice of appeal from a Board decision is filed and served; or (D) the Supreme Court accepts or denies discretionary review of a Board decision. (2) Content. A statement of costs and expenses must state with particularity the nature and amount of the costs claimed and also state the expenses requested. Disciplinary counsel must sign the statement, and this signature constitutes a certification that all reasonable attempts have been made to insure the statement’s accuracy. (3) Service. The Clerk serves a copy of the statement on the respondent. (4) Exceptions. The respondent may file exceptions no later than 20 days from service of the statement of costs and expenses. (5) Reply. Disciplinary counsel may file a reply no later than ten days from service of any exceptions. (e) Assessment. The Chair enters an order assessing costs and expenses after the expiration of the time for filing exceptions or replies. (f) Review of Chair’s Decision. (1) Matters Reviewed by Court. In matters reviewed by the Supreme Court under title 12, the Chair’s decision is subject to review only by the Court. (2) All Other Matters. In all other matters, the following procedures apply: (A) Request for Review by Board. Within 20 days of service on the respondent of the order assessing costs and expenses, either party may file a request for Board review of the order. (B) Board Action. Upon the timely filing of a request, the Board reviews the order assessing costs and expenses, based on the Association’s statement of costs and expenses and any exceptions or reply, the decision of the hearing officer or panel or of the Board, and any written statement submitted by either party within the time directed by the Chair. The Board may approve or modify the order assessing costs and expenses. The Board’s decision is final when filed and not subject to further review. (g) Assessment in Matters Reviewed by the Court. When a matter is reviewed by the Court as provided in title 12, any order assessing costs and expenses entered by the Chair under section (e) and the statement of costs and expenses and any exceptions or reply filed in the proceeding are included in the record transmitted to the Court. Upon filing of an opinion by the Court imposing a sanction or admonition, costs and expenses may be assessed in favor of the Association under the procedures of RAP Title 14, except that "costs" as used in that title means any costs and expenses allowable under this rule. (h) Assessment Discretionary. Assessment of any or all costs and expenses may be denied if it appears in the interests of justice to do so. (i) Payment of Costs and Expenses. (1) A respondent ordered to pay costs and expenses must do so within 30 days of the date on which the assessment becomes final, unless the order assessing costs and expenses provides otherwise or the respondent enters into a periodic payment plan with disciplinary counsel. (2) The respondent must pay interest on any amount not paid within 30 days of the date the assessment is final at the maximum rate permitted under RCW 19.52.020. (3) Disciplinary counsel may enter into an agreement with a respondent for a reasonable periodic payment plan if the respondent demonstrates in writing present inability to pay assessed costs and expenses. (A) Any payment plan entered into under this rule must provide for interest at the maximum rate permitted under RCW 19.52.020. (B) A respondent may ask the Chair to review an adverse determination by disciplinary counsel regarding specific conditions for a periodic payment plan. The Chair directs the procedure for this review. The Chair’s ruling is not subject to further review. If the Chair determines that the Board should review the matter, the Chair directs the procedure for Board review, and the Board’s decision is not subject to further review. (j) Failure To Comply. A respondent’s failure to pay costs and expenses when ordered to do so or to comply with the terms of a periodic payment plan may be grounds for discipline. (k) Costs in Other Cases. Rule 9.1 governs costs and expenses in cases resolved by stipulation. Rule 8.6 governs assessment of costs and expenses in disability proceedings. (l) Money Judgment for Costs and Expenses. After the assessment of costs and expenses is final, upon application by the Association, the Supreme Court commissioner or clerk may enter a money judgment on the order for costs and expenses if the respondent has failed to pay the costs and expenses as provided by this rule. The Association must serve the application for a money judgment on the respondent under rule 4.1. The respondent may file an objection with the commissioner or clerk within 20 days of service of the application. The sole issue to be determined by the commissioner or clerk is whether the respondent has complied with the duty to pay costs and expenses under this rule. The commissioner or clerk may enter a money judgment in compliance with RCW 4.64.030 and notify the Association and the respondent of the judgment. On application, the commissioner or clerk transmits the judgment to the clerk of the superior court in any county selected by the Association and notifies the respondent of the transmittal. The clerk of the superior court files the judgment as a judgment in that court without payment of a filing fee. [Adopted effective October 1, 2002.]
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