N[orman] Randy Smith

Norman Randy Smith (born August 11, 1949) is a senior United States circuit judge on the Ninth Circuit Court of Appeals. Appointed by President George W. Bush in 2007, he has served both as an active‑service judge and, since 2018, as a senior judge who continues to hear cases from his chambers in Pocatello, Idaho. His career spans private practice, state judicial service, academic teaching, and involvement in partisan politics at the state level, providing him with a broad perspective on legal and governmental affairs.

Early life and legal career

Smith was born in 1949 and raised in southeastern Idaho. He pursued higher education at Brigham Young University (BYU) in Provo, Utah, earning a Bachelor of Science degree in 1974. Continuing at BYU’s J. Reuben Clark Law School, he obtained his Juris Doctor three years later, in 1977.

Following graduation, Smith returned to Idaho and entered the corporate legal field as an associate and assistant general counsel for the J.R. Simplot Company, a major privately held agribusiness firm. He remained with Simplot from 1977 until 1981, during which time he also contributed to academia by teaching business and accounting courses at Boise State University between 1979 and 1981.

In 1982 Smith joined the Idaho law firm Merrill & Merrill. Beginning as an associate, he was promoted to partner in 1984, a position he held for more than a decade. Concurrently, that same year marked the start of his long‑standing role as an adjunct professor at Idaho State University. Over the ensuing decades he has taught courses in accounting, business law, and political science within the university’s Economics and Political Science departments.

Smith’s involvement in partisan politics was notable during the early 1990s. He served as chairman of the Idaho Republican Party from 1993 to 1994, a period that included his participation in the successful campaign of Governor Phil Batt in 1994. After his tenure with the party, Smith left private practice when Governor Batt appointed him to the state judiciary. In 1995 he became a judge for Idaho’s sixth judicial district, based in Pocatello, where he presided over trial‑level matters until his elevation to the federal bench.

In addition to his professional activities, Smith has been recognized within his religious community. A 1984 address by Elder Marvin J. Ashton of The Church of Jesus Christ of Latter‑day Saints referenced Smith’s call to serve as a bishop in Pocatello, reflecting his engagement with local congregational leadership.

Federal appellate service

Smith’s path to the United States Court of Appeals for the Ninth Circuit involved two separate nominations by President George W. Bush. The first nomination, submitted on December 16, 2005, was intended to fill a vacancy created by Judge Stephen S. Trott. Opposition arose from California’s senior senators, who argued that an Idaho resident should not be appointed to a seat traditionally associated with California. As a result, the nomination did not advance during the 109th Congress.

After the Democratic Party gained control of the Senate following the 2006 elections and another nominee for the Ninth Circuit withdrew, President Bush renominated Smith on January 16, 2007. This second nomination targeted the seat vacated by Idaho Judge Thomas G. Nelson, who had taken senior status. The United States Senate confirmed Smith on February 15, 2007 by a unanimous vote of 94–0. He received his commission on March 19, 2007 and began serving as an active‑service circuit judge.

During his tenure as an active judge, Smith maintained chambers in Pocatello, Idaho, allowing him to remain closely connected to the region where he had spent much of his professional life. After more than a decade of service, he assumed senior status on August 11, 2018, coinciding with his 69th birthday. As a senior judge, Smith continues to sit on panels and issue opinions, contributing to the Ninth Circuit’s caseload while enjoying a reduced workload compared with full‑time judges.

Jurisprudence and legacy

Judge Smith’s written opinions reflect both his experience in complex commercial matters and his engagement with constitutional questions. His first published opinion for the Ninth Circuit addressed the doctrine of multiplicity of convictions in United States v. Zalapa, clarifying how courts should handle multiple criminal counts arising from a single course of conduct.

In February 2012, Smith authored a notable dissent in the appellate panel’s decision on Perry v. Brown, which held California Proposition 8 unconstitutional. While he concurred with the majority that the appellants possessed standing to bring the case and that the district court’s judgment should not be vacated on allegations of bias, his dissent articulated a differing view on other aspects of the panel’s reasoning, underscoring his willingness to engage critically with prevailing interpretations.

Beyond specific rulings, Smith’s broader legacy includes his sustained commitment to legal education. His long‑standing role as an adjunct professor at Idaho State University has allowed him to mentor generations of students in accounting, business law, and political science, bridging practical courtroom experience with academic instruction. This dual focus on teaching and adjudication exemplifies a career that integrates scholarly insight with the demands of federal appellate jurisprudence.

Smith’s service on the Ninth Circuit also reflects the geographic diversity of the court, bringing perspectives from Idaho—a state less represented on the national judicial stage—into deliberations that affect a vast region encompassing nine western states. His continued activity as a senior judge ensures that his influence persists within the circuit’s evolving body of case law.

Overall, Norman Randy Smith’s professional journey—from corporate counsel and private‑practice partner to state judge, political party leader, academic instructor, and federal appellate jurist—illustrates a multifaceted contribution to the American legal system. His decisions, teaching, and ongoing participation in the Ninth Circuit underscore a career dedicated to the administration of justice across multiple arenas.