State High Court Approves $27 Increase to 2023 Annual Attorney Assessment

The New Jersey Supreme Court approved the first budget increase in nine years to the disciplinary portion of the annual attorney assessment for 2023, according to a notice to the bar signed by Glenn A. Grant, administrative director of the courts.

The Disciplinary Oversight Committee unanimously recommended that the disciplinary portion of the annual assessment for 2023 be raised $27 for attorneys admitted to practice from three to 49 years. The DOC noted that New Jersey’s annual fee, even at the increased rate, is far below the national average of $344 in annual assessments.

“The Court is continuing to examine the staffing needs for attorney discipline, in particular the Office of Attorney Ethics,” according to the bar notice. “If that examination identifies the need for additional staff, any proposed further increase in the annual assessment for 2024 will be published for comment in the usual course.”

The new annual assessment for 2023 will be raised to $175 from $148.

According to the budget proposed by the DOC on Sept. 21, the 2023 budget is slightly more than $15 million, representing a 4.4% increase from the budget approved for 2022. The primary expense is salaries and benefits, which comprise approximately 83% of the budget.

With an annual assessment of $175, the total projected revenue for 2023 is $14.6 million. The DOC estimated that 69,850 practicing attorneys between three to 49 years will pay the $175 fee, while 1,525 attorneys practicing two years or less will pay a $25 fee. The projected revenue will be $12.26 million.

Additionally, estimated fees of $2.3 million for in-house counsel, pro hac vice, and other revenue sources are projected, according to a letter accompanying the budget.

“With total projected revenues of $14,604,600 and total expenses of $15,018,354, there will be a budgeted deficit for 2023 of $413,754,” according to the letter accompanying the proposed 2023 budget, signed by attorney Matthew P. O’Malley, chair of the DOC. “There was a budgeted deficit of $1,888,662 in 2022, but the latest estimate shows a deficit of $1,778,504. For the period from 2016 to 2021, actual reserves have averaged 29.95%. The reserve at the end of 2022 is projected to be $1,695,434, or 11.9% of the operating budget. For 2023 and 2024, reserves are projected at 8.5% and 5.3%, respectively. The Committee’s goal is a 10% reserve.

“The DOC is thankful to the OAE and DRB for their diligent work in preparing and presenting the 2023 Attorney Discipline Budget,” O’Malley said in the letter. “The Committee is confident that the budget is fiscally responsible and will provide the OAE and DRB with the resources needed to continue serving the public, the profession, the disciplinary system, and the Judiciary at large. As always, the Committee thanks the many volunteers that serve New Jersey’s disciplinary system, making it one of the best in the country.”