In Re Hewett, 11 A.3d 279

Respondent Willie N. Hewett, a DC lawyer with 15+ years of practice, had no prior ethical complaints before this matter.
As conservator for ward Ralph H. Jewell, Hewett managed Jewell's finances, including a bank account funded by VA checks and Medicaid eligibility considerations.
In March 2001, Medicaid eligibility review loomed; Hewett believed spending down assets was necessary to preserve eligibility.
Hewett withdrew $2,006.25 of fee funds from Jewell's account the same day he filed a fee petition, without court approval, leaving a balance within Medicaid limits.
The probate court denied Hewett's fee petition as improper; Hewett later deposited the withdrawn funds after learning of disapproval, and the court referred the matter to Bar Counsel.
The Board found Hewett misappropriated funds; the Hearing Committee found the misappropriation intentional, not negligent.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether misappropriation was intentional or negligent	Hewett misappropriated funds intentionally.	Hewett believed his actions were in the ward's best interest and not improper.	Misappropriation was intentional.
Whether extraordinary circumstances permit departure from Addams	Extraordinary circumstances not present; disbarment recommended.	Mitigating factors and extraordinary circumstances justify non-disbarment.	Extraordinary circumstances existed; disbarment not required.
What sanction should be imposed for intentional misappropriation	Disbarment should be imposed under Addams presumption.	Six-month stayed suspension with probation is appropriate.	Six-month stayed suspension with six-month probation and monetary restitution.
Must Hewett reimburse interest accrued during misappropriation	Interest should be reimbursed as part of restitution.	Interest is not clearly addressed in the agreement.	Respondent ordered to reimburse interest at 6% per annum.

In re Addams, 579 A.2d 190 (D.C.1990) (presumptive disbarment for misappropriation absent extraordinary mitigating factors)
In re Fair, 780 A.2d 1106 (D.C.2001) (negligent misappropriation; good faith belief does not absolve)
In re Travers, 764 A.2d 242 (D.C.2000) (negligence with no intent to deceive; misappropriation context)
In re Berryman, 764 A.2d 760 (D.C.2000) (context of misappropriation and extraordinary resilience factors)
In re Pleshaw, 2 A.3d 169 (D.C.2010) (reckless misappropriation; disbarment warranted)
In re Utley, 698 A.2d 446 (D.C.1997) (aggravating factor where repeated withdrawals occurred despite inquiries)
In re Bach, 966 A.2d 350 (D.C.2009) (disbarment for misappropriation involving deception and concealment)
In re Huber, 708 A.2d 259 (D.C.1998) (restitution and interest considerations tied to misappropriation)
In re Gansler, 889 A.2d 285 (D.C.2005) (extent of sanction relation to underlying misappropriation conduct)
In re Chang, 694 A.2d 877 (D.C.1997) (sanctions framework for misappropriation; consideration of mitigating factors)