IN RE EXPENSES IN LAWYER DIS., 2009-26 (Ariz. 2-25-2009)

In the Matter of: EXPENSES ASSESSED IN LAWYER DISCIPLINARY PROCEEDINGS.

Administrative Order No. 2009-26Supreme Court of Arizona.
February 25, 2009.

RUTH V. MCGREGOR, Chief Justice.

In accordance with Rule 32(d) of the Arizona Rules of the Supreme Court, a schedule of general administrative expenses to be assessed in lawyer discipline (including reciprocal discipline), disability, interim suspension, and summary suspension proceedings shall be established by the Board of Governors of the State Bar of Arizona with the consent of this Court.

Upon the recommendation of the Board of Governors to increase the general administrative expenses in the types of cases set forth above, this Court has considered the recommendation of the Board and desires to approve a new schedule of general administrative expenses.

Now, therefore, in accordance with Rule 32(d) and (1) of the Arizona Rules of the Supreme Court and this Court’s constitutional and inherent administrative authority to assess costs and expenses in lawyer disciplinary proceedings, In re Shannon, 179 Ariz. 52, 876 P.2d 548
(1994), this Court has considered the schedule of general administrative expenses approved by the Board of Governors of the State Bar of Arizona; and

IT IS ORDERED adopting the following schedule of general administrative expenses to be assessed in lawyer discipline (including reciprocal discipline), disability, interim suspension, and summary suspension proceedings, effective March 1, 2009.

Point at Which Matter Terminates Assessment of General
Administrative Expenses[1]
Panelist imposed orders $600 per order imposing informal
reprimand, probation, restitution or
any other sanction consented to by
the respondent lawyer
After appeal to reviewing panelist (Rule 54(c)
appeal) $1,250[*]
Matter settled with consent agreement
without contested hearing $1,200[*]
After default in answering formal complaint $2,000[*]

Page 2

After contested hearing with no appeal $4,000[*]
After Commission appeal with no Court review $6,000[*]
After Court review $8,000[*]
Consent to disbarment Assessment is based on the stage at
which the consent is filed (see above)
Interim suspension $1,200[*]
Reciprocal discipline proceedings
Uncontested $1,200[*]
Contested Same schedule as for formal
proceedings (see above)
Transfer to disability $1,200
Summary suspension $1,200

[1] General administrative expenses include, but are not limited to, the following types of expenses incurred or payable by the State Bar of Arizona: administrative time expended by staff bar counsel, paralegals, legal assistants, secretaries, typists, file clerks and messengers; postage charges, telephone costs, normal office supplies, and other expenses normally attributed to office overhead. General administrative expenses do not include such things as travel expenses of State Bar employees, investigator’s time, deposition or hearing transcripts, or supplies or items purchased specifically for a particular case. In addition to an assessment of general administrative expenses, probable cause panelists, hearing officers, the Disciplinary Commission, and this Court may, pursuant to Rule 54(b) and Rule 60 (b) of the Rules of the Supreme Court and this Count’s holding in In re Shannon, 179 Ariz. 52, 876 P.2d 548 (1994), assess costs and expenses not part of the general administrative expenses (which is the current practice).
[*] This amount is the assessment for the general administrative expenses for up to five charges/complainants per proceeding. If the number of charges/complainants exceeds five, the assessment for the general administrative expenses shall increase by 20% for each additional charge/complainant where a violation is admitted or proven.

IT IS FURTHER ORDERED that in any matter where the State Bar appeals the order of the probable cause panelist, hearing officer, or Disciplinary Commission and where the State Bar does not prevail on appeal, the assessed general administrative expenses shall be based on the cost schedule that would have been imposed if there had been no appeal.

Page 3

IT IS FURTHER ORDERED that the State Bar shall continue to appropriate and disburse, in accordance with Rule 31 of the Arizona Rules of the Supreme Court, funds collected from general administrative expenses, as well as other costs and expenses, imposed in lawyer disciplinary proceedings.

IT IS FURTHER ORDERED that all formal disciplinary complaints filed prior to this Order or panelist imposed orders of discipline issued prior to this Order shall use the previous schedule of general administrative expenses approved by the Board of Governors of the State Bar of Arizona in February of 1999.

Dated this 25th day of February, 2009.