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Imposing Costs in a Disciplinary Proceeding

Gary Muldoon


Costs and expenses may result from a disciplinary proceeding. These may include experts, depositions, monitoring programs and appointment of counsel to inventory a suspended attorney’s files. Disciplinary rules address when these may be imposed upon the attorney subject to discipline.


Judiciary Law § 90(6) states: "The justices of the appellate division in any judicial department, or a majority of them, may make an order directing the expenses of any disciplinary proceedings, and the necessary costs and disbursements of the petitioner in prosecuting such charges, including the expense of any preliminary investigation in relation to professional conduct of an attorney and counsellor-at-law, to be paid out of funds appropriated to the office of court administration for that purpose."


Transcripts

In the Third Department, an attorney who requests a copy of the stenographic transcript must pay for it. § 806.4(b). Where a subpoena is required to compel an attorney’s appearance for examination, the attorney is required to reimburse for the cost of the stenographic transcript. § 806.4(e).


Monitoring program

In the Third and Fourth Departments, where an attorney participates in a monitoring program, the costs associated with participation are the attorney’s responsibility. §§ 806.4(g)(4), 1022.20(d)(3)(c).


Reinstatement

Where an attorney is reinstated to the practice of law, the Third Department allows for the applicant to pay the necessary expenses incurred in connection with an application for reinstatement. § 806.12(c).


Appointment of attorney

Where an attorney is appointed to inventory files, this may be a charge imposed. §§ 603.13(h), 691.13(h), 1022.24(c).


In the Second Department, with proceedings involving an incapacitated attorney, the necessary costs, and disbursements of an agency, committee or appointed attorney in conducting a proceeding under § 691.16 shall be paid in accordance with Judiciary Law § 90(6). Compensation fixed for any attorney or medical expert under § 691.16 may be directed to be paid as an incident to the cost of the proceedings. §§ 691.16(h)(1), (2).


© 2009 by Gary Muldoon. www.muldoongetz.com