IN RE MATTER OF SPENCER FREEMAN SMITH #236587
Filing
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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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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
ORDER DISCHARGING ORDER TO
SHOW CAUSE
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United States District Court
Northern District of California
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On June 11, 2015, the Court issued an order to show cause why Mr. Smith’s membership
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in this Court’s bar should not be suspended because the State Bar Court had, as of April 15, 2015,
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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
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statement -- an order dated April 17, 2015, that was issued by the State Bar Court of California’s
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Review Department and which vacates Mr. Smith’s “interim suspension imposed pursuant to [the
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State Bar Court’s] April 3, 2015 order.” Dkt. No. 3. The State Bar Court order states that “the
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superior court accepted Respondent’s withdrawal of his no contest plea, making his conviction no
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longer valid,” and that the Office of the Chief Trial Counsel of the State Bar had stated that it
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would inform the State Bar Court “if respondent is later convicted of the pending charges against
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him.” Id.
Mr. Smith has apparently now decided to fight the criminal charges that were filed against
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him in California state court. Consequently, the Court will, as the State Bar Court has done, lift its
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interim suspension of Mr. Smith’s membership, pending the outcome of the criminal case.
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The prior order to show cause, Dkt. No. 2, is therefore discharged, but Mr. Smith must
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inform this Court in writing within 10 days in the event he should again be “convicted of a felony,
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suspended, disbarred or placed on disciplinary probation by any court.” Civil Local Rule 11-7(a).
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IT IS SO ORDERED.
Dated: June 19, 2015
______________________________________
JAMES DONATO
United States District Judge
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United States District Court
Northern District of California
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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Case No. 15-mc-80127-JD
IN THE MATTER OF
Spencer Freeman Smith #236587
CERTIFICATE OF SERVICE
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United States District Court
Northern District of California
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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.
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Spencer Freeman Smith
Smith Patten
353 Sacramento Street, Suite 1120
San Francisco, CA 94111
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Dated: 6/17/2015
Richard W. Wieking
Clerk, United States District Court
<>
By:__ ______________________
Lisa R. Clark, Deputy Clerk to the
Honorable James Donato
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