IN RE MATTER OF SPENCER FREEMAN SMITH #236587

Filing 11

FURTHER ORDER RE ORDER TO SHOW CAUSE. Show Cause Response due by 8/30/2016. Signed by Judge James Donato on 8/26/2016. (jdlc2S, COURT STAFF) (Filed on 8/26/2016)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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IN THE MATTER OF

Case No. 15-mc-80127-JD

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Spencer Freeman Smith #236587

FURTHER ORDER RE ORDER TO
SHOW CAUSE

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Re: Dkt. No. 9
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United States District Court
Northern District of California

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On July 27, 2016, the Court entered an order suspending Smith’s membership in the bar of

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the United States District Court for the Northern District of California. Dkt. No. 8. The order

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terminated Smith’s performance or appearance as legal counsel in any case in this District.
On August 10, 2016, the Court issued an order directing Smith “to show cause why the

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Court should not impose sanctions for his failure to withdraw from each active case in which he

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has appeared as counsel.” Dkt. No. 9. The Court noted that Smith continued “to be counsel of

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record in cases in this District, including Mitchell v. San Francisco, Case No. 3:15-cv-00440-

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CRB.” Id.

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Smith filed a response to the Court’s order on August 15, 2016, advising the Court that he

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was unaware of the fact that he was still a counsel of record in the Mitchell case, and representing

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that once he “discovered this error, [he] immediately filed a notice of change in counsel” in that

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case. Dkt. No. 10.
The Court has, however, discovered yet another active case in this District in which Smith

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continues to appear as a counsel of record. It is Cortes v. County of Santa Clara, Case No. 5:11-

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cv-03645-EJD.

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It is the Court’s view that Smith is not being forthright, and this is exacerbating the

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underlying disciplinary issues in this matter. Smith is ordered to file by 5 p.m. on Tuesday,

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August 30, 2016, a declaration under penalty of perjury that lists each and every active case in this

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District in which Smith is currently listed as a counsel of record, along with a confirmation that he

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has withdrawn from each and every one of those cases.

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To be clear, Smith is not authorized to practice law in this District, and continuing to

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appear as a counsel of record in any active case is a flagrant violation of the Court’s order of

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suspension. Any further gamesmanship on Smith’s part will result in a referral for permanent

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disbarment.

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United States District Court
Northern District of California

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IT IS SO ORDERED.
Dated: August 26, 2016
______________________________________
JAMES DONATO
United States District Judge

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