In Re: Jonathan B. Goldsmith, Attorney at Law, Bar No. 11805
Filing
13
ORDER denying without prejudice 12 Motion for Reinstatement. Signed by Chief Judge Andrew P. Gordon on 11/26/2024. (Copies have been distributed pursuant to the NEF - MAM)
1
UNITED STATES DISTRICT COURT
2
DISTRICT OF NEVADA
***
3
In re: Jonathan Goldsmith,
4 Attorney at Law, Bar No. 11805
5
Case No. 2:16-cv-02824-APG
ORDER DENYING MOTION FOR
REINSTATEMENT
[ECF No. 12]
6
7
8
Jonathan Goldsmith petitions for reinstatement as a practicing attorney in this court. ECF
9 No. 12. I deny his petition.
10
The Supreme Court of Nevada (SCON) suspended Mr. Goldsmith from the practice of
11 law in Nevada on January 7, 2016 after he admitted to multiple violations of ethical rules. His
12 suspension was for two years, with the first nine months being actual suspension and the
13 remainder stayed pending compliance with several conditions. This court imposed reciprocal
14 discipline and suspended Mr. Goldsmith from practicing in this court on January 23, 2017. ECF
15 No. 7. The State Bar of Nevada filed a separate disciplinary complaint against Mr. Goldsmith on
16 January 10, 2018, and he was suspended from practice for five years and one day retroactive to
17 August 23, 2018. ECF No. 12-1 at 1.
18
On May 13, 2024, the SCON allowed Mr. Goldsmith to be readmitted to the practice of
19 law in Nevada with conditions, including passing the Nevada bar exam and completing CLE
20 requirements. Id. at 2. He was reinstated on October 7, 2024. ECF No. 12-2. He now petitions
21 for reinstatement to practice before this court under LR IA 11-7(i). ECF No. 12.
22
In his Petition, Mr. Goldsmith argues that he should be reinstated because he satisfied all
23 of the conditions necessary to be reinstated by the SCON, including paying all restitution and
1 costs, passing the Nevada bar exam, and completing 13 CLE credits. Id. at 2-3. However, Mr.
2 Goldsmith’s reinstatement by the SCON subjects him to the following probationary conditions
3 for two years after being reinstated:
4
(1) submit quarterly reports to the State Bar regarding all trust accounts in his
5
name or in the name of any other person on behalf of any of his business entities in which
6
client funds are placed;
7
(2) submit all proposed advertisements through the Standing Lawyer Advisory
8
Committee’s pre-dissemination process to ensure compliance with the applicable Rules
9
of Professional Conduct;
10
(3) meet with a State Bar-approved mentor twice a month to discuss his calendar,
11
workload, stress levels and how he is managing them, his goals, and any other issues
12
pertaining to his legal practice and obtain the mentor’s guidance in maintaining a law
13
practice;
14
15
16
17
18
19
(4) work under the supervision of another attorney or the State Bar-approved
mentor;
(5) provide the State Bar with proof, on a quarterly basis, of participation in
sobriety programs and create a program with a substance abuse counselor; and
(6) abstain from drugs and alcohol; if he uses drugs or alcohol, he must notify the
State Bar within 24 hours of any relapse.
20 ECF No. 12-1 at 2-3. Therefore, the earliest possible date Mr. Goldsmith could practice in
21 Nevada state courts unencumbered by any probationary conditions is October 7, 2026.
22
Local Rule IA 11-7(i) states that an attorney who has been suspended “may petition for
23 reinstatement to practice before this court . . . as may be supported by good cause and the
2
1 interests of justice.” If the court imposed reciprocal discipline and “the attorney was readmitted
2 by the supervising court or the discipline imposed by the supervising court was modified or
3 satisfied, the petition must explain the situation with specificity, including a description of any
4 restrictions or conditions imposed on readmission by the supervising court.” Id.
5
I deny Mr. Goldsmith’s petition without prejudice because he is currently subject to
6 probationary conditions imposed on him by the SCON. This court does not have the obligation,
7 resources, or inclination to monitor his compliance with the SCON’s probationary conditions.
8 However, this denial of Mr. Goldsmith’s petition is without prejudice to him filing a renewed
9 petition assuming he successfully discharges the SCON’s probationary conditions. Any renewed
10 petition for reinstatement should not be filed until Mr. Goldsmith is able to present to this court
11 both a certificate of good standing from the SCON and other evidence sufficient to establish that
12 his practice in the Nevada state courts is fully unencumbered by any probationary or other
13 conditions stemming from his suspension or any other discipline imposed on him by the SCON.
14
I therefore order that Mr. Goldsmith’s petition for reinstatement (ECF No. 12) is denied
15 without prejudice.
16
DATED THIS 26th day of November, 2024.
17
18
19
ANDREW P. GORDON
CHIEF UNITED STATES DISTRICT JUDGE
20
21
22
23
3
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?