R. 1:20-17. — Reimbursement of Disciplinary Costs

a. Generally. Except in extraordinary cases, the final order of discipline or final order on reinstatement or readmission shall impose disciplinary costs as recommended by the Disciplinary Review Board or by the Attorney Regulatory Board.

b. Amount and Nature of Costs Assessed. In calculating its recommendation the Disciplinary Review Board or the Attorney Regulatory Board shall assess both basic administrative costs and disciplinary or reinstatement or readmission expenses actually incurred.

1. Basic Administrative Costs. Basic administrative costs shall be assessed as follows: A. For R. 1:20-6(c)(1) matters, final Discipline by Consent, and disciplinary stipulations, $1,500. B. For a Motion for Final Discipline or a Motion for Reciprocal Discipline, $2,500. C. For other final discipline ordered by the Disciplinary Review Board or the Court, including Admonition, Reprimand, Censure, and Suspension, $3,000. D. For Disbarment by Consent or Permanent Disbarment by Consent if tendered before the commencement of hearing, $1,500. E. For other Disbarment or Permanent Disbarment, $4,000.

2. Disciplinary Expenses Actually Incurred. Disciplinary expenses actually incurred shall be separately assessed, including, but not limited to, the following: A. Costs of any outside experts, such as accountants, auditors, interpreters, physicians, and other consultants; B. Charges for service of process and notice by publication; C. Transcript and recording or court reporter costs; D. Costs of a special ethics adjudicator; E. Disciplinary Review Board and Attorney Regulatory Board reproduction costs at 7 cents per page; F. Costs and fees paid to witness.

c. Disputes; Procedure. On the entry of an order imposing final discipline or final transfer to disability-inactive status by the Supreme Court that includes an authorization for imposition of costs, the Office of Board Counsel shall promptly furnish the respondent with a statement of disciplinary costs. Within 20 days thereafter the respondent, if in connection with a disciplinary matter, or the petitioner, if in connection with a reinstatement or readmission matter, shall reimburse in full all basic administrative costs and such disciplinary, readmission, or reinstatement expenses actually incurred as to which there is no dispute. A respondent or petitioner disputing any included actually-incurred disciplinary or post- disciplinary expense shall, within that time, specifically detail in writing the items disputed and the factual basis for the dispute. The Disciplinary Review Board or the Attorney Regulatory Board, as applicable, shall review a timely filed letter of dispute without oral argument. The Office of Board Counsel shall notify respondent or petitioner of the Disciplinary Review Board’s or the Attorney Regulatory Board’s decision, which shall be final and not subject to appeal. Respondent or petitioner shall remit full payment of any balance due within 20 days after receipt of said notice. Interest shall be charged on the unpaid balance of costs assessed beginning ten days after the date the assessment becomes final. The rate of interest charged shall be 10% per annum, or such other rate established by the Supreme Court from time to time.

d. Claims of Extraordinary Financial Hardship. Service on respondent or petitioner of the statement of disciplinary, readmission, or reinstatement costs shall be accompanied by a notice advising that, in the event of inability to make payment by reason of extraordinary financial hardship, an installment payment schedule may be requested in writing. The request shall be made in writing within 20 days after service of the statement on respondent and shall include a proposed payment plan and be supported by a detailed statement of reasons together with such information specified in the notice. Respondent or petitioner shall certify the truth of the information provided in accordance with Rule 1:4-4. The Disciplinary Review Board or the Attorney Regulatory Board shall review a timely request under this section. The Disciplinary Review Board’s or the Attorney Regulatory Board’s decision shall be final and not subject to appeal. On respondent’s or petitioner’s failure to comply with the schedule of payments, the entire unpaid balance of disciplinary costs shall become immediately due and payable. The Office of Board Counsel may, in the exercise of discretion, decline to enter into further installment agreements with a respondent or petitioner who has already defaulted on an agreed installment plan.

e. Failure to Pay Disciplinary Costs.

1. Temporary Suspension. On a default in payment required by this rule, the Office of Board Counsel, on ten days notice to the respondent or the petitioner, may file with the Supreme Court a certification of the default. The Supreme Court shall forthwith enter an order temporarily suspending the attorney from the practice of law until payment is made and until further order of the Court.

2. Denial of Reinstatement or Readmission. The Supreme Court shall not consider a recommendation for reinstatement or readmission unless accompanied by an Office of Board Counsel certification that all assessed disciplinary, readmission, and reinstatement costs have been paid or that a petitioner is current on a previously approved payment plan.

3. Docketing Judgment. Upon certification of the amount of disciplinary, readmission, or reinstatement costs assessed and due, the Clerk of the Superior Court shall, without fee, enter on the civil judgment and order docket both the order authorizing costs and the Office of Board Counsel’s certification of the amount due. Upon payment, the Office of Board Counsel shall execute a warrant for satisfaction.