Bindinglaw

WI · rules

SCR 22.24

Assessment of costs

activein force · 2025-10-30 – presentact-effective-date

(1) The supreme court may assess against the respondent all or

a portion of the costs of a disciplinary proceeding in which misconduct

is found, a medical incapacity proceeding in which it finds a medical

incapacity, a reinstatement proceeding, or a motion to enforce an order

issued in a disciplinary proceeding, and may enter a judgment for costs.

The director may assess all or a portion of the costs of an investigation

when discipline is imposed under SCR 22.09. Costs are payable to the

office of lawyer regulation.

(1m) The court's general policy is that upon a finding of

misconduct it is appropriate to impose all costs, including the expenses

of counsel for the office of lawyer regulation, upon the respondent. In

some cases the court may, in the exercise of its discretion, reduce the

amount of costs imposed upon a respondent. In exercising its discretion

regarding the assessment of costs, the court will consider the statement

of costs, any objection and reply, the recommendation of the referee,

and all of the following factors:

(a) The number of counts charged, contested, and proven.

(b) The nature of the misconduct.

(c) The level of discipline sought by the parties and

recommended by the referee.

(d) The respondent's cooperation with the disciplinary process.

(e) Prior discipline, if any.

(f) Other relevant circumstances.

(2) In seeking the assessment of costs by the supreme court, the

director shall file in the court, with a copy to the referee and the

respondent, a statement of costs within 20 days after the filing of the

referee's report or a SCR 22.12 or 22.34(10) stipulation, together with

a recommendation regarding the costs to be assessed against the

respondent. If an appeal of the referee's report is filed or the supreme

court orders briefs to be filed in response to the referee's report, a

supplemental statement of costs and recommendation regarding the

assessment of costs shall be filed within 20 days of the date of oral

argument or, if no oral argument is held, the filing date of the last brief

on appeal. The recommendation should explain why the particular

amount of costs is being sought. The respondent may file an objection

to the statement of costs and recommendation within 21 days after

service of the statement of costs. A respondent who objects to a

statement of costs must explain, with specificity, the reasons for the

objection and must state what he or she considers to be a reasonable

amount of costs. The objection may include relevant supporting

documentation. The office of lawyer regulation may reply within 11

days of receiving the objection. In proceeding before a referee the

referee shall make a recommendation to the court regarding costs. The

referee should explain the recommendation addressing the factors set

forth in SCR 22.24 (lm). The referee shall consider the submissions of

the parties and the record in the proceeding. No further discovery or

hearing is authorized.

(3) Upon the assessment of costs by the supreme court, the clerk

of the supreme court shall issue a judgment for costs and furnish a

transcript of the judgment to the director. The transcript of the

judgment may be filed and docketed in the office of the clerk of court

in any county and shall have the same force and effect as judgments

docketed pursuant to Wis. Stat. §§ 809.25 and 806.16 (1997-98).

Provenance

Source
www.wicourts.gov
Retrieved
2026-09-23
Edition
2026-09-23
Content hash
c3ec7ccaabebbce4ecc7f2b510f4f7bd429a4faad6e2f4a10afe88b171b594ec
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