Randy Smith (Federal appeals judge)

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Randy Smith
Image of Randy Smith

Nonpartisan

United States Court of Appeals for the 9th Circuit (senior status)
Tenure

2018 - Present

Years in position

6

Prior offices
Idaho 6th Judicial District
United States Court of Appeals for the 9th Circuit

Education

Bachelor's

Brigham Young University, 1974

Law

Brigham Young University, J. Reuben Clark Law School, 1977

Personal
Birthplace
Logan, Utah

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Norman Randy Smith is a federal judge on senior status on the United States Court of Appeals for the 9th Circuit. He joined the court in 2007 after being nominated by President George W. Bush and assumed senior status on August 11, 2018.

Early life and education

Born in Logan, Utah, Smith graduated from Brigham Young University with his bachelor's degree in 1974, and from Brigham Young University's J. Reuben Clark School of Law with his J.D. in 1977.[1]

Professional career

  • 1984-2018: Adjunct professor, Idaho State University
  • 1982-1995: Private practice, Pocatello, Idaho
  • 1979-1981: Adjunct professor, Boise State University
  • 1977-1981: Associate and assistant general counsel, J.R. Simplot Company, 1977-1981

Judicial career

Federal judicial nomination

Ninth Circuit Court of Appeals

Nomination Tracker
Fedbadgesmall.png
Nominee Information
Name: Norman Randy Smith
Court: United States Court of Appeals for the 9th Circuit
Progress
Confirmed 426 days after nomination.
ApprovedANominated: December 16, 2005
ApprovedAABA Rating: Unanimously Well Qualified
Questionnaire:
ApprovedAHearing: March 1, 2006
QFRs: (Hover over QFRs to read more)
ApprovedAReported: February 8, 2007 May 4, 2006
September 21, 2006
ApprovedAConfirmed: February 15, 2007
ApprovedAVote: 94-0
DefeatedAReturned: August 3, 2006
September 29, 2006
December 9, 2006
DefeatedAWithdrawn: January 16, 2007

Smith was first nominated to the United States Court of Appeals for the 9th Circuit by George W. Bush on December 16, 2005, to a seat previously held by Stephen Trott. The American Bar Association rated Smith Unanimously Well Qualified for the nomination, a rating that did not change throughout Smith's entire confirmation process.[2][3]

Hearings were held before the United States Senate Committee on the Judiciary on March 1, 2006, and his nomination was reported by U.S. Sen. Arlen Specter (R-Pa.) on May 4, 2006. Under Rule XXXI, paragraph six of the standing rules of the U.S. Senate, Smith's nomination was returned to the president on August 3, 2006.[4]

President Bush resubmitted Smith's nomination on September 5, 2006, and his nomination was reported by Sen. Specter on September 21, 2006. Under Rule XXXI, paragraph six of the standing rules of the Senate, Smith's nomination was returned to the president at the adjournment of the Senate on September 29, 2006.[5]

President Bush resubmitted Smith's nomination on November 15, 2006. Under Rule XXXI, paragraph six of the standing rules of the Senate, Smith's nomination was returned to the president on December 9, 2006.[6]

President Bush submitted Smith's nomination to the 110th Congress on January 9, 2007, but withdrew the nomination on January 16, 2007.[7]

On January 16, 2007, President Bush nominated Smith to a seat vacated by Thomas G. Nelson as Nelson assumed senior status. Smith's nomination was reported by U.S. Sen. Patrick Leahy (D-Vt.) on February 8, 2007, and he was confirmed on a recorded 94-0 vote of the U.S. Senate on February 15, 2007. Smith received his commission on March 19, 2007.[1][8] He assumed senior status on August 11, 2018.

Noteworthy cases

Proposition 8 appeal (2011-2012)
See also: United States Court of Appeals for the 9th Circuit (Perry v. Brown, Appeal No. 11-16577)

On December 8, 2011, the court heard arguments from Proposition 8 supporters asking for Northern District Chief Judge James Ware's decision against them and vacate former Judge Vaughn Walker's ruling on the proposition's constitutionality. Proposition supporters argued that Judge Walker was biased against them at trial because he was involved in a same-sex relationship at the time. The panel hearing the appeal consists of Judges Michael D. Hawkins, Stephen Reinhardt and Randy Smith.[9]

For the full story, see Proposition 8 supporters ask appeals court to overturn ruling.

Update:

On February 7, 2012, a three-judge appellate panel from the United States Court of Appeals for the 9th Circuit issued its ruling in Perry v. Brown which upheld the rulings by District Court Judges Vaughn Walker and James Ware and overturned California's Proposition 8 ,which blocked same sex marriage in the state. The panel, consisting of Judges Michael D. Hawkins, Stephen Reinhardt and Randy Smith, stated that “Proposition 8 served no purpose, and had no effect, other than to lessen the status and human dignity of gays and lesbians in California." The court ruled that the same-sex marriage ban violated the 14th Amendment's equal protection clause. The ruling states:

“ Although the Constitution permits communities to enact most laws they believe to be desirable, it requires that there be at least a legitimate reason for the passage of a law that treats different classes of people differently. There was no such reason that Proposition 8 could have been enacted... Under California statutory law, same-sex couples had all the rights of opposite-sex couples, regardless of their marital status...[10][11] ”

In effect, the court concluded that because domestic partnerships had already established equal rights for same-sex couples, the measure only served to deny these relationships the designation of "marriage." This, according to the court, was not a legitimate purpose for treating these couples differently under the law. The panel rendered split in its decision with Judge Randy Smith concurring in part and dissenting in part. The panel upheld both the decisions of Chief Judge Ware as well as Senior Judge Walker, whose original decision has been challenged on the grounds that Walker had an undisclosed long term relationship with another man at the time of the case.[12] For expansive coverage of the ballot measure and ensuing legal controversy, please see: California Proposition 8, the "Eliminates Right of Same-Sex Couples to Marry" Initiative (2008).

In a separate ruling, the same panel refused to release the videos from the original trial. The panel held that Walker “promised the litigants that the conditions under which the recording was maintained would not change — that there was no possibility that the recording would be broadcast to the public in the future.” Because of this, the judges determined that, “The integrity of our judicial system depends in no small part on the ability of litigants and members of the public to rely on a judge’s word. The record compels the finding that the trial judge’s representations to the parties were solemn commitments,” and that the videos should not be released.[13]

See also

External links


Footnotes

  1. ↑ 1.0 1.1 Federal Judicial Center, "Biographical directory of federal judges," accessed July 18, 2016
  2. ↑ American Bar Association, "Ratings of Article III judicial nominees, 109th Congress," accessed July 19, 2016
  3. ↑ American Bar Association, "Ratings of Article III judicial nominees, 110th Congress," accessed July 19, 2016
  4. ↑ United States Congress, "PN 1135 — Norman Randy Smith — The Judiciary," accessed July 19, 2016
  5. ↑ United States Congress, "PN 1924 — Norman Randy Smith — The Judiciary," accessed July 19, 2016
  6. ↑ United States Congress, "PN 2181 — Norman Randy Smith — The Judiciary," accessed July 19, 2016
  7. ↑ United States Congress, "PN 12 - Norman Randy Smith — The Judiciary," accessed July 19, 2016
  8. ↑ United States Congress, "PN 183 - Norman Randy Smith - The Judiciary," accessed July 19, 2016
  9. ↑ Los Angeles Times, "Appeals court asked to decide if gay judge could be fair on Prop. 8 case," December 8, 2011
  10. ↑ United States Court of Appeals for the 9th Circuit, Perry v. Brown, decided February 7, 2012
  11. ↑ Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
  12. ↑ Los Angeles Times, "Prop. 8: Gay-marriage ban unconstitutional, court rules," February 7, 2012
  13. ↑ Dallas Voice, "Court won’t release videos from Prop 8 trial," February 3, 2012
Political offices
Preceded by:
Thomas G. Nelson 		Ninth Circuit Court of Appeals
2007–2018 		Succeeded by:
Ryan Nelson




Idaho courts

Federal courts:

Ninth Circuit Court of Appeals • U.S. District Court: District of Idaho • U.S. Bankruptcy Court: District of Idaho

State courts:

Idaho Supreme Court • Idaho Court of Appeals • Idaho District Courts • Idaho Magistrate Division

State resources:

Courts in Idaho • Idaho judicial elections • Judicial selection in Idaho

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