IN RE: REINSTATEMENT OF JONATHAN B. GOLDSMITH (2024)

ORDER OF CONDITIONAL REINSTATEMENT

This is an automatic review of a Southern Nevada Disciplinary Board hearing panel's recommendation to reinstate attorney Jonathan B. Goldsmith to the practice of law in Nevada. As no briefs have been filed, this matter stands submitted for decision on the record. SCR 116(6).

In 2016, we suspended Goldsmith for two years, with all but the first nine months of the suspension stayed pending compliance with specified conditions. In re Discipline of Goldsmith, No. 67013, 2016 WL 115760 (Nev. Jan. 7, 2016) (Order Approving Conditional Guilty Plea). Thereafter, the State Bar brought additional disciplinary proceedings against Goldsmith. As a result of those proceedings, we suspended Goldsmith for five years and one day commencing from August 23, 2018. In re Matter of Goldsmith, No. 77461, 2019 WL 495103 (Nev. Feb. 7, 2019) (Order of Suspension). The latter discipline order required Goldsmith to pay restitution in the amount of $18,841.20 within two years, and to pay the costs of the disciplinary proceedings. Id. Goldsmith petitioned for reinstatement after waiting the minimum period of time and having paid the ordered restitution and costs.

Based on our de novo review, we agree with the panel's conclusions that Goldsmith has satisfied his burden in seeking reinstatement by clear and convincing evidence. SCR 116(5) (providing that an attorney seeking reinstatement must demonstrate the reinstatement criteria “by clear and convincing evidence”); Application of Wright, 75 Nev. 111, 112-13, 335 P.3d 609, 610 (1959) (reviewing a petition of reinstatement de novo).

Because Goldsmith has been suspended for more than five years, Goldsmith must pass the Nevada Bar Examination as a condition of reinstatement. SCR 116(9). Relatedly, the hearing panel recommends that Goldsmith also be required to complete 13 hours of continuing legal education as a condition of reinstatement. Given that Goldsmith has not taken any continuing legal education during the suspension, we agree that this is an appropriate condition of reinstatement. See 116(9) (allowing “any further conditions deemed appropriate by the panel”).

We hereby reinstate attorney Jonathan B. Goldsmith to the practice of law in Nevada effective upon proof that Goldsmith has successfully completed the Nevada Bar Examination and completed 13 hours of continuing legal education, consisting of 10 general credits, 2 ethics credits, and 1 substance abuse or mental health credit. Upon Goldsmith's reinstatement to the practice of law, he shall be subject to a two-year probationary period. During that probationary period, Goldsmith must:

(1) submit quarterly reports to the State Bar regarding all trust accounts in Goldsmith's name or in the name of any other person on behalf of any of Goldsmith's business entities in which client funds are placed;

(2) submit all proposed advertisements through the Standing Lawyer Advisory Committee's predissemination process to ensure compliance with the applicable Rules of Professional Conduct;

(3) meet with a State Bar-approved mentor twice a month to discuss his calendar, workload, stress levels and how he is managing them, his goals, and any other issues pertaining to Goldsmith's legal practice and obtain the mentor's guidance in maintaining a law practice;

(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 Goldsmith uses drugs or alcohol, he must notify the State Bar within 24 hours of any relapse.

Goldsmith shall pay the costs of the reinstatement proceeding, if he has not already done so, within 30 days from the date of this order. See SCR 120(5).

It is so ORDERED.

Cadish, C.J

Stiglich, J.

Pickering, J.

Herndon, J.

Lee, J.

Parraguirre, J.

Bell, J.

SUPREME COURT

OF

NEVADA

3