In re Complaint As to Conduct of Ronald F. Banks

This matter comes before the court upon objections to the cost bills filed in the above-entitled disciplinary matters. This court's opinions disposing of the matters made no mention of whether the Bar was entitled to costs. It has been contended that costs are not allowed automatically but may be awarded only by this court in an opinion reviewing a decision or recommendation of the review board as required by ORS 9.535(4) and that the opinion of the court in this case did not award costs. The court requested briefs on the proper procedure for the allowance of costs in such matters as well as the proper interpretation of ORS 9.535(4). This subsection reads: