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.]