Norman Randy Smith
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Norman Randy Smith (born August 11, 1949) is a
senior Senior (shortened as Sr.) means "the elder" in Latin and is often used as a suffix for the elder of two or more people in the same family with the same given name, usually a parent or grandparent. It may also refer to: * Senior (name), a surname ...
United States circuit judge of the United States Court of Appeals for the Ninth Circuit. He lives and maintains chambers in Pocatello, Idaho.


Background

A native of south eastern Idaho, Smith attended Brigham Young University in Provo, Utah, where he received his Bachelor of Science degree in 1974. He received his
Juris Doctor The Juris Doctor (J.D. or JD), also known as Doctor of Jurisprudence (J.D., JD, D.Jur., or DJur), is a graduate-entry professional degree in law and one of several Doctor of Law degrees. The J.D. is the standard degree obtained to practice law ...
from
J. Reuben Clark Law School The J. Reuben Clark Law School (BYU Law or JRCLS) is the graduate law school of Brigham Young University (BYU) in Provo, Utah. Founded in 1973, the school is named after J. Reuben Clark, a former U.S. Ambassador, Undersecretary of State, and g ...
at Brigham Young University in 1977. Following law school, he returned to Idaho and practiced from 1977 to 1981 as associate and assistant general counsel for the J.R. Simplot Company, one of the largest privately owned companies in the world. Smith concurrently taught business and accounting courses at Boise State University from 1979 to 1981. In 1982, Smith joined the law firm Merrill & Merrill, where he remained for thirteen years, first as an associate, and later as a partner beginning in 1984. That same year he began a long second career as an adjunct professor at Idaho State University where he continues teaching accounting, business law, and political science courses in the Economics and Political Science Departments. Smith served as Chairman of the Idaho Republican Party (Defeated then former State Senator Bill Ringert) (1993-1994) and helped manage the campaign of Idaho governor
Phil Batt Philip Eugene Batt (born March 4, 1927) is an American politician who served as the 29th governor of Idaho from 1995 to 1999. Batt had previously served as the 35th lieutenant governor of Idaho, Chair of the Idaho Republican Party, and as a memb ...
in 1994. Smith left private practice in 1995 following an appointment by Batt to become a state judge for the sixth district in Pocatello, a position he held until his confirmation to the U.S. Court of Appeals for the
Ninth Circuit The United States Court of Appeals for the Ninth Circuit (in case citations, 9th Cir.) is the U.S. federal court of appeals that has appellate jurisdiction over the U.S. district courts in the following federal judicial districts: * District o ...
.


Ninth Circuit nominations and confirmation

Smith was nominated by President
George W. Bush George Walker Bush (born July 6, 1946) is an American politician who served as the 43rd president of the United States from 2001 to 2009. A member of the Republican Party, Bush family, and son of the 41st president George H. W. Bush, he ...
to two different vacancies on the Ninth Circuit before eventually being confirmed. The first nomination, on December 16, 2005, was to fill the vacancy left by Judge
Stephen S. Trott Stephen Spangler Trott (born December 12, 1939) is a Senior United States circuit judge of the United States Court of Appeals for the Ninth Circuit. Education and career Born in Glen Ridge, New Jersey, Trott received a Bachelor of Arts degree ...
. However, after opposition from California's U.S. Senators Dianne Feinstein and
Barbara Boxer Barbara Sue Boxer (née Levy; born November 11, 1940) is an American politician and lobbyist who served in the United States Senate, representing California from 1993 to 2017. A member of the Democratic Party, she previously served as the U.S. ...
, who argued that Smith, an Idahoan, had been nominated to a "California seat", his nomination stalled in the
109th Congress The 109th United States Congress was a meeting of the legislative branch of the United States federal government, composed of the United States Senate and the United States House of Representatives, from January 3, 2005 to January 3, 2007, dur ...
. Following the Democratic Party takeover of the United States Senate in the aftermath of the November 2006 elections, and the withdrawal of fellow Ninth Circuit nominee
William Myers William, Wil, Bill, or Billy Myers may refer to: Sports *Bill Myers (baseball) (1886–?), American baseball player *Billy Myers (1910–1995), shortstop in Major League Baseball * William James Myers (1937–2017), American wrestler better known a ...
, Bush resubmitted Smith's name to the
110th Congress The 110th United States Congress was a meeting of the legislative branch of the United States federal government, between January 3, 2007, and January 3, 2009, during the last two years of the Presidency of George W. Bush. It was composed of ...
on January 16, 2007. The new nomination was to the seat left by Idaho Judge
Thomas G. Nelson Thomas George Nelson (November 14, 1936 – May 4, 2011) was a United States circuit judge of the United States Court of Appeals for the Ninth Circuit from 1990 to 2004. Education and career Born and raised in Idaho Falls, Idaho, Nelson graduated ...
, who assumed senior status. On February 15, 2007, the Senate confirmed Smith by a 94–0 vote, over a year after his original nomination. Smith was the seventh and final judge appointed by Bush to the Ninth Circuit, and the first Article III judge confirmed by the Senate of the 110th Congress. He received his commission on March 19, 2007. He assumed senior status on August 11, 2018.


Decisions

His first published opinion for the Ninth Circuit was ''United States v. Zalapa'', which dealt with multiplicity of criminal convictions. In February 2012, Smith authored a dissent to the Ninth Circuit's decision in '' Perry v. Brown'' holding California Proposition 8 unconstitutional. He did agree with the majority that the appellants had standing to bring the appeal, and that Judge
Vaughn Walker Vaughn Richard Walker (born 1944) is an American lawyer who served as a United States district judge of the United States District Court for the Northern District of California from 1989 to 2011. Walker presided over the original trial in '' Holl ...
's decision should not be vacated on allegations of bias.


References


External links

*
The White House
{{DEFAULTSORT:Smith, N. Randy 1949 births Living people 21st-century American judges American Latter Day Saints Boise State University faculty Idaho Republicans Idaho state court judges Idaho State University faculty J. Reuben Clark Law School alumni Judges of the United States Court of Appeals for the Ninth Circuit People from Logan, Utah People from Pocatello, Idaho United States court of appeals judges appointed by George W. Bush