On Thursday, November 2, 2023, the State of New York Supreme Court, Appellate Division, Third Judicial Department suspended Attorney Jonathan Chase Dunsmoor for one year for failure to report misdemeanor charges and subsequent guilty plea as required by his application for admission to the Bar.
The case is titled ‘In the Matter of Jonathan Chase Dunsmoor’ with case n0. PM-249-23.
The cited misconduct is under Rule 8.1(a) of the Rules of Professional Conduct for failing to disclose a material fact requested in his bar application.
The New York Rules of Professional Conduct can be found here.
The main violation alleged was that Attorney Dunsmoor failed to disclose his previous arrest, guilty plea, and academic disciplinary matter to the Appellate Division as required while his admission application was pending. Attorney Dunsmoor was previously arrested for DWI misdemeanor and departure from the scene of an accident in Erie County. His university also charged him for violating student rules due to the arrest.
On December 11, 2010, Jonathan Chase Dunsmoor was arrested in Erie County, New York, and charged with misdemeanor driving while intoxicated and leaving the scene of an accident. Due to his arrest, he was also charged with violating student rules at the university he was attending.
Shortly before his arrest, in late November 2010, Attorney Dunsmoor submitted an application for admission to the New York Bar.
In late March 2011, Attorney Dunsmoor pleaded guilty to a violation of leaving the scene of an incident without reporting. Shortly after, in April 2011, he pleaded responsible for the university rule violation and was placed on probation. Despite his ongoing legal and academic issues, Attorney Dunsmoor was admitted to the New York Bar by the Appellate Division of the Supreme Court on April 13, 2011.
In 2017, Attorney Dunsmoor sought a copy of his New York bar application while seeking admission in another jurisdiction. Upon receiving it, he inquired about a purported addendum from January 2011 that disclosed his December 2010 arrest. However, the Office of Attorney Admissions confirmed they never received such an addendum from Dunsmoor. In January 2017, he filed an affidavit self-reporting the arrest and criminal plea.
On April 22, 2022, the Attorney Grievance Committee filed a petition of charges against Attorney Dunsmoor, alleging he failed to timely disclose the arrest and matters to the Appellate Division as required. A hearing was held before a referee on the sole charge. In November 2023, the referee issued a report recommending the charge be sustained.
The Appellate Division granted the Grievance Committee’s motion to confirm the referee’s findings in a November 2, 2023 order. It was deemed professional misconduct for Dunsmoor not to disclose the arrest while his admission application was pending. For this, he received a one-year suspension from practicing law in New York. The court noted Dunsmoor’s inconsistent statements and lack of responsibility throughout the disciplinary process. With this order, Dunsmoor was suspended from the New York Bar for one year, effective immediately.
In part, the disposition reads:
“ORDERED that respondent is suspended from the practice of law for one year, effective immediately, and until further notice of this Court (see generally Rules for Atty Disciplinary Matters [22 NYCRR] § 1240.16.”
According to Avvo, Attorney Jonathan Chase Dunsmoor is a security offerings attorney based in Buffalo, New York. He attended the Elon University School of Law, graduating in 2010. He acquired his law license in New York in 2011.
A copy of the original filing can be found here.