Ill. S. Ct. R. 773

(a) Costs Defined. Costs may include the following expenses reasonably and necessarily

incurred by the administrator in connection with the matter: witness fees; travel expenses of

witnesses; bank charges for producing records; expenses incurred in the physical or mental

examination of a respondent attorney; fees of expert witnesses; and court reporting expenses

except the cost of transcripts of proceedings before the Hearing Board or Review Board where the

Administrator takes exception to the findings and recommendation of the Hearing Board or

Review Board, unless the Administrator prevails, at least in part, before the reviewing board or

this court, in which case the Administrator may include the transcript costs in the statement of

costs subject to the limitations of section (c) of this rule.

(b) Duty of Respondent. It is the duty of a respondent to reimburse the Commission for costs

not to exceed $1500 and for such additional amounts as the court may order on the motion of the

Administrator for good cause shown, which may include (1) costs incurred in the investigation,

hearing and review of matters brought pursuant to article VII of these rules which result in the

imposition of discipline, (2) costs involved in the investigation of alleged violations of the terms

and conditions of any such disciplinary order, when such violations are later proved, (3) costs

involved in any proceedings for the enforcement of any rule, judgment or order of this court which

was made necessary by any act or omission on the part of the responde nt, (4) costs incurred to

compel the appearance of respondent and to transcribe respondent’s testimony when the

appearance followed respondent’s failure to comply with a request from the Inquiry Board or

Administrator to provide information concerning a ma tter under investigation, and (5) costs

incurred to obtain copies of records from a financial institution, when the institution’s production

of the records followed respondent’s failure to comply with a request from the Inquiry Board or

the Administrator to provide those records.

(c) Statement of Costs. After the imposition of discipline by the court, the Administrator shall

prepare an itemized statement of costs, not to exceed $1500, which shall be made a part of the

record. The Administrator shall serve a copy of the statement on the respondent in any manner

authorized by Rule 11. The Administrator may petition the court for costs reasonably and

necessarily incurred by the Administrator in excess of $1500, which may be allowed for good

cause shown. Costs up to $1500 shall be paid by the respondent within 30 days of service of the

statement. Costs in excess of $1500 shall be paid by the respondent within 30 days of the order

allowing the petition for excess costs.

(d) Assessment of Costs. If the respondent contests the amount of the costs or fails to pay the

costs within 30 days of service of the statement or order allowing excess costs, the Administrator

may petition the court for an order and judgment assessing costs against the respondent and

directing the respondent to pay the costs, in full or in part, to the Commission. The Administrator

shall serve the petition on the respondent in any manner authorized by Rule 11. Costs shall be paid

by the respondent attorney within 30 days after the entry of the order and judgment assessing costs.

Proceedings for the collection of costs assessed against the respondent attorney may be initiated

by the Administrator on the order and judgment entered by the court. A petition for reinstatement

pursuant to Rule 767 must be accompanied by a receipt verifying payment of any costs imposed

in connection with prior disciplinary proceedings involving the petitioner.

JUSTICE McMORROW dissents from this October 5, 2000, amendment of Rule 773.