Section 7 - Funding; Reimbursements to Certified Grievance Committees(A) Funding and Budgets. The Supreme Court shall allocate funds for the operation of the Board and the Office of Disciplinary Counsel and development and distribution of materials describing the disciplinary process from the Attorney Services Fund.(B) Budget. At the request of the administrative director of the Supreme Court, the Board and the Office of Disciplinary Counsel shall prepare and submit a proposed annual or biennial budget for approval by the Supreme Court.(C) Reimbursement for Expenses. The Board may reimburse certified grievance committees for expenses incurred by the committees in performing the obligations imposed on them by these rules. Any reimbursements authorized by the Board shall be paid from moneys allocated by the Court for that purpose from the Attorney Services Fund. Reimbursement is not permitted for costs associated with compliance with the standards contained in Section 5(D) of this rule, except for the costs listed in division (C)(2) of this section. (1) Reimbursement of Direct Expenses. A certified grievance committee may be reimbursed for direct expenses incurred in performing the obligations imposed by this rule. Reimbursement shall be limited to costs for depositions, transcripts, copies of documents, necessary travel expenses for witnesses and volunteer attorneys, witness fees, costs of subpoenas and the service of subpoenas, and compensation of investigators and expert witnesses authorized in advance by the Board. There shall be no reimbursement for the costs of the time of other bar association personnel or attorneys in discharging these obligations. Reimbursement shall be made upon submission to the director of the Board of proof of expenditures. Upon approval by the Board, reimbursement shall be made from the Attorney Services Fund.(2) Annual Reimbursement of Indirect Expenses. A certified grievance committee may apply to the Board prior to the first day of February each year for partial reimbursement of other expenses necessarily and reasonably incurred during the preceding calendar year in performing its obligations under these rules. The Board shall establish criteria for determining whether expenses under divisions (C)(2) and (3) of this section are necessary and reasonable. The Board shall deny reimbursement for any expense for which a certified grievance committee seeks reimbursement on or after the first day of March of the year immediately following the calendar year in which the expense was incurred. Expenses eligible for reimbursement are those specifically relating to professional conduct enforcement and include all of the following: (a) The personnel costs for the portion of an employee's work that is dedicated to this area;(b) The costs of bar counsel who is retained pursuant to written agreement with or employed by the certified grievance committee;(c) Postal and delivery charges;(d) Long distance telephone charges;(e) Local telephone charges and other appropriate line charges including, but not limited to, per call charges;(f) The cost of dedicated telephone lines;(g) Subscriptions to professional journals, law books, and other legal research services and materials related to professional conduct;(h) Organizational dues and educational expenses relating to professional conduct enforcement;(i) All costs of defending grievance and disciplinary-related law suits and that portion of professional liability insurance premiums directly attributable to the operation of the committees in performing their obligations under this rule;(j) The percentage of rent, insurance premiums not reimbursed pursuant to division (C)(2)(i) of this section, supplies and equipment, accounting costs, occupancy, utilities, office expenses, repair and maintenance, and other overhead expenses directly attributable to the operation of the committees in performing their obligations under this rule, as determined by the Board and provided that no certified grievance committee shall be reimbursed in excess of thirty thousand dollars per calendar year for such expenses. Reimbursement shall not be made for the costs of the time of other bar association personnel, volunteer attorneys, depreciation, or amortization. No expense reimbursed under division (C)(1) of this section is eligible for reimbursement under division (C)(2) of this section.(3) Quarterly Reimbursement of Certain Indirect Expenses. In addition to applying annually for reimbursement pursuant to division (C)(2) of this section, a certified grievance committee may apply quarterly to the Board for reimbursement of the expenses set forth in divisions (C)(2)(a) and (b) of this section that were necessarily and reasonably incurred during the preceding calendar quarter. Quarterly reimbursement shall be submitted in accordance with the following schedule: Reimbursement for the months of: | Due by: |
January, February, and March | May 1 |
April, May, and June | August 1 |
July, August, and September | November 1 |
October, November, and December | February 1 (with annual reimbursement request) |
Any expense that is eligible for quarterly reimbursement, but that is not submitted on a quarterly reimbursement application, shall be submitted no later than the appropriate annual reimbursement application pursuant to division (C)(2) of this section and shall be denied by the Board if not timely submitted. The application for quarterly reimbursement shall include an affidavit with documentation demonstrating that the certified grievance committee incurred the expenses set forth in divisions (C)(2)(a) and (b) of this section.
(D)Audit. Expenses incurred by certified grievance committees and reimbursed under division (C) of this section may be audited at the discretion of the Board or the Supreme Court. The costs of any audit shall be paid from the Attorney Services Fund.(E)Availability of Funds. Reimbursement under division (C) of this section is subject to the availability of moneys in the Attorney Services Fund.(F) Deferral or Denial of Reimbursements. The director may defer or deny an indirect reimbursement requested by a certified grievance committee based on the committee's failure to satisfy the standards in Section 5(D) and (E) of this rule or bar counsel's noncompliance with the requirements of Section 6(C) of this rule.Amended September 9, 2020, effective 11/1/2020.