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In Re Willie N. Hewett, Respondent,

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Argued February 6, 2009

In this case, we determine, for the first time, that the presumptive rule of disbarrment established in In re Addams, 579 A.2d 190, 191 (D.C. 1990) (en banc), should not be imposed as a sanction for intentional misappropriation. We adopt the Board on Professional Responsibility’s uncontested finding that respondent misappropriated client funds but, unlike the Board, conclude that the misappropriation was intentional, not negligent. However, we agree with the Board’s alternative recommendation, and conclude that the facts of this case present “extraordinary circumstances” that warrant an exception to Addams’s presumptive discipline of disbarrment for intentional misappropriation, id., and adopt the Board’s recommended sanction that respondent be suspended for six months, with the suspension stayed in favor of probation.

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