IN RE MATTER OF SPENCER FREEMAN SMITH #236587

Filing 4

ORDER DISCHARGING ORDER TO SHOW CAUSE. Signed by Judge James Donato on 6/19/15. (lrcS, COURT STAFF) (Filed on 6/19/2015)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 IN THE MATTER OF Case No. 15-mc-80127-JD 8 Spencer Freeman Smith #236587 ORDER DISCHARGING ORDER TO SHOW CAUSE 9 10 United States District Court Northern District of California 11 On June 11, 2015, the Court issued an order to show cause why Mr. Smith’s membership 12 13 in this Court’s bar should not be suspended because the State Bar Court had, as of April 15, 2015, 14 suspended Mr. Smith following a criminal conviction. Dkt. No. 2. On June 16, 2015, Mr. Smith filed with the Court -- with no accompanying explanation or 15 16 statement -- an order dated April 17, 2015, that was issued by the State Bar Court of California’s 17 Review Department and which vacates Mr. Smith’s “interim suspension imposed pursuant to [the 18 State Bar Court’s] April 3, 2015 order.” Dkt. No. 3. The State Bar Court order states that “the 19 superior court accepted Respondent’s withdrawal of his no contest plea, making his conviction no 20 longer valid,” and that the Office of the Chief Trial Counsel of the State Bar had stated that it 21 would inform the State Bar Court “if respondent is later convicted of the pending charges against 22 him.” Id. Mr. Smith has apparently now decided to fight the criminal charges that were filed against 23 24 him in California state court. Consequently, the Court will, as the State Bar Court has done, lift its 25 interim suspension of Mr. Smith’s membership, pending the outcome of the criminal case. 26 // 27 // 28 // 1 The prior order to show cause, Dkt. No. 2, is therefore discharged, but Mr. Smith must 2 inform this Court in writing within 10 days in the event he should again be “convicted of a felony, 3 suspended, disbarred or placed on disciplinary probation by any court.” Civil Local Rule 11-7(a). 4 5 6 7 IT IS SO ORDERED. Dated: June 19, 2015 ______________________________________ JAMES DONATO United States District Judge 8 9 10 United States District Court Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 8 Case No. 15-mc-80127-JD IN THE MATTER OF Spencer Freeman Smith #236587 CERTIFICATE OF SERVICE 9 10 United States District Court Northern District of California 11 12 13 14 15 16 I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District Court, Northern District of California. That on 6/17/2015, I SERVED a true and correct copy(ies) of the attached, by placing said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by depositing said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery receptacle located in the Clerk's office. 17 18 19 Spencer Freeman Smith Smith Patten 353 Sacramento Street, Suite 1120 San Francisco, CA 94111 20 21 22 23 24 25 26 Dated: 6/17/2015 Richard W. Wieking Clerk, United States District Court <<s>> By:__ ______________________ Lisa R. Clark, Deputy Clerk to the Honorable James Donato 27 28 3

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