On Friday, February 27, 2026, the Kansas Supreme Court issued an order disciplining attorney Shawn E. Stewart for misrepresenting his income on a government benefits application. The court’s decision, a published censure, stems from Stewart’s negligent misrepresentation of his self-employment income on a pandemic unemployment assistance application, a violation of Kansas Rules of Professional Conduct (KRPC) 8.4(c).
The case is entitled “In the Matter of Shawn E. Stewart,” with case number 128,007.
The case originated from a formal complaint filed by the Office of the Disciplinary Administrator (ODA) against Stewart, alleging violations of KRPC. Stewart stipulated to facts, agreeing that his conduct violated KRPC 8.4(c), which prohibits conduct involving dishonesty, fraud, deceit, or misrepresentation.
The hearing panel found that Stewart misrepresented his 2019 personal income when applying for Pandemic Unemployment Assistance (PUA). He reported $30,000 in personal income for each quarter, totaling $120,000 for the year. However, his 2019 tax return showed a personal income of only $36,722. The panel concluded that Stewart was negligent in not thoroughly determining his 2019 net income.
Despite this finding, the hearing panel did not find evidence of intentional misconduct, fraud, dishonesty, or deceit. They noted the lack of clear definitions for terms like “income,” “gross income,” and “net income” on the PUA application, and that Stewart’s 2019 tax return was not yet filed when he completed the application.
The ODA filed exceptions to the hearing panel’s findings, arguing that Stewart intentionally made dishonest statements and that his statement about his client’s business being shut down by COVID-19 was fraudulent. The ODA also challenged the panel’s conclusions regarding Stewart’s weekly certifications that he did not work and did not receive income.
The court found clear and convincing evidence that Stewart violated KRPC 8.4(c) by negligently misrepresenting his 2019 income. However, it upheld the panel’s conclusions that Stewart’s statement about his client’s business being shut down and his weekly certifications did not violate KRPC 8.4(c).
The court considered several factors in determining the appropriate discipline, including Stewart’s duty to accurately report information to KDOL, his mental state, and the injury caused by his misconduct. The court also considered aggravating and mitigating factors, such as Stewart’s experience in the practice of law, his lack of prior disciplinary record, his alcoholism, and his efforts to make restitution.
Ultimately, the court determined that published censure was the appropriate discipline, citing ABA Standard 5.13, which allows for published censure when a lawyer knowingly engages in negligent misrepresentation that adversely reflects on the lawyer’s fitness to practice law. The court also ordered Stewart to pay the costs of the proceedings.
According to Avvo, Mr. Stewart is a real estate lawyer in Allen, KS. He acquired his law license in Kansas in 2002.
A copy of the original filing can be found here.
