WI · rules
SCR 22.24
Assessment of costs
(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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