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IN RE UTLEY

No. 96-BG-1004.

698 A.2d 446 (1997)

In re Margie A. UTLEY, Respondent. A Member of the Bar of the District of Columbia Court of Appeals.

District of Columbia Court of Appeals.

Decided July 31, 1997.

Attorney(s) appearing for the Case

Samuel McClendon, Washington, DC, for respondent.

Julia L. Porter, Assistant Bar Counsel, with whom Leonard H. Becker, Bar Counsel, was on the brief, for petitioner, the Office of Bar Counsel.

Before SCHWELB and KING, Associate Judges, and PRYOR, Senior Judge.

PRYOR, Senior Judge:

This case presents the question whether a conservator's protracted mishandling of estate funds constitutes misappropriation and, if so, whether it resulted from more than simple negligence. Respondent Margie A. Utley waited twenty-one months to repay a mistakenly duplicated fee despite notification from an auditor and repeated court requests. She also paid herself the fee and two annual commissions before obtaining required court approval. The...

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