Rule 1:20-17. Reimbursement of Disciplinary Costs

(a) Generally Except in extraordinary cases, the final order of discipline or final order of transfer to disability-inactive status shall impose costs as recommended by the Disciplinary Review Board.

(b) Amount and Nature of Costs Assessed In calculating its recommendation the Disciplinary Review Board shall assess both basic administrative costs and disciplinary expenses actually incurred.

(1) Basic Administrative Costs Basic administrative costs shall be assessed as follows:

(A) For final Discipline by Consent (including Disbarment by Consent, if tendered prior to hearing), $650.

(B) For a Motion for Final Discipline or a Motion for Reciprocal Discipline, $1,000.

(C) For other final discipline or transfer to disability-inactive status ordered by the Board or the Court, including Admonition, Reprimand, Censure, Suspension, Transfer to Disability-Inactive Status, Disbarment and Disbarment by Consent (if tendered after the commencement of hearing), $2,000.

(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 master;

(E) Disciplinary Review Board reproduction costs at 15 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, Counsel to the Board shall promptly furnish the respondent with a statement of disciplinary costs. Within 20 days thereafter the respondent shall reimburse in full all basic administrative costs and such disciplinary expenses actually incurred as to which there is no dispute. A respondent disputing any included actually-incurred disciplinary expense shall, within that time, specifically detail in writing the items disputed and the factual basis for the dispute. The Board shall review a timely filed letter of dispute without oral argument. Board Counsel shall notify respondent of the Board's decision, which shall be final and not subject to appeal. Respondent 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 of the statement of disciplinary 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 shall certify the truth of the information provided in accordance with R. 1:4-4.

The Board shall review a timely request under this section. The Board's decision shall be final and not subject to appeal. On respondent's failure to comply with the schedule of payments, the entire unpaid balance of disciplinary costs shall become immediately due and payable. Board Counsel may, in the exercise of discretion, decline to enter into further installment agreements with a respondent 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, Board Counsel, on ten days notice to the respondent, 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 The Supreme Court shall not consider a recommendation for reinstatement unless accompanied by a Board certification that all assessed disciplinary costs have been paid.

(3) Docketing Judgment Upon certification of the amount of disciplinary 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 Board Counsel's certification of the amount due. Upon payment, Board Counsel shall execute a warrant for satisfaction.