As amended through October 31, 2024
Section 22 - Calculation and Payment of Costs(a) The Office of Special Counsel and the Hearing Officer Counsel shall each file an itemized cost statement with the Judiciary Commission in any case in which the Commission convenes a hearing. If there is no hearing due to stipulations, the Office of Special Counsel shall file an itemized cost statement with the Judiciary Commission. In cases where the Commission recommends the discipline of a judge, the Commission shall review counsel's cost statement(s) and shall recommend to the Court that all or any portion of the costs incurred by the Office of Special Counsel, as well as costs incurred by the hearing officer and/or the Commission, be taxed against the judge. The Commission's recommendation shall be included in the record filed in this Court in the form of an itemized cost statement. The Court, in its discretion, may tax all or any portion of the costs recommended by the Commission.(b) A judge's resignation or retirement after a matter has become public under Section 23(a)(1) but prior to the conclusion of proceedings before the Commission or the Court shall not preclude the Commission, in its discretion, from filing a motion with the Supreme Court to recover any or all of the costs incurred by the Office of Special Counsel, the hearing officer, and/or the Commission. Absent exceptional circumstances, the Commission shall file such a motion if the judge was on interim disqualification under Section 27 at the time of resignation or retirement. An itemized cost statement shall be appended to any such motion. The Court, in its discretion, may tax all or any portion of the costs recommended by the Commission. This subsection shall not apply if a judge is no longer a judicial officer due to the expiration of his or her term in office.(c) A judge who is on interim disqualification pursuant to Section 27(a)(1) for being indicted or charged with a serious crime under state or federal law shall, absent exceptional circumstances as determined by the Commission and/or the Court, also be taxed for the costs incurred by the Supreme Court for the appointment and service of a pro tempore judge to cover the judge's docket during the period of interim disqualification if the judge is convicted of the underlying crime and the conviction becomes final. Such costs shall be included in an itemized cost statement.(d) A judge ordered to pay costs shall do so within thirty days of the date upon which the assessment of costs becomes final, unless a periodic payment plan has been approved by the Commission.Amended effective 7/1/2016; amended effective 11/19/2021.