Milan D. Smith, Jr.
| Milan Smith | |
|---|---|
 |
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| Judge of the United States Court of Appeals for the Ninth Circuit | |
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Assumed office May 18, 2006 |
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| Appointed by | George W. Bush |
| Preceded by | Wallace Tashima |
| Personal details | |
| Born |
May 19, 1942 Pendleton, Oregon, U.S. |
| Education |
Brigham Young University, Utah (BA) University of Chicago (JD) |
Milan Dale Smith, Jr. (born May 19, 1942) is a federal judge on the United States Court of Appeals for the Ninth Circuit.
Smith's brother, Gordon Smith, was a Republican U.S. Senator from Oregon from 1996 to 2009.
Smith was born in Pendleton, Oregon. He was the son of Milan D. Smith, Sr., who would serve on the staff of Secretary of Agriculture, Ezra Taft Benson. He received a B.A. from Brigham Young University in 1966.
Smith earned a J.D. from the University of Chicago Law School in 1969. Before becoming a judge, he was the managing partner at the law firm of Smith, Crane, Robinson, and Parker, which he co-founded in 1972. He was a President-General Counsel of the Los Angeles State Building Authority from 1983 to 2006. Smith was a Vice Chairman of the California Fair Employment and Housing Commission from 1987 to 1991.
Smith was nominated by President George W. Bush on February 14, 2006 to fill a seat vacated by Judge A. Wallace Tashima. He was confirmed just over three months later by the United States Senate on May 16, 2006 by a vote of 93-0. He was the fifth judge appointed to the Ninth Circuit by Bush, and the first since Carlos Bea was confirmed in 2003.
Judge Smith has been one of the Ninth Circuit's most prolific writers. According to one periodical, he authored the most majority opinions of any judge on the Ninth Circuit in the three-year period ending on May 10, 2013.
In July 2007, in Lands Council v. McNair, Judge Smith wrote a concurrence described as "unusually blunt and wide-ranging", in which he criticized the court for "taking the law too far and causing much of 'the decimation of the logging industry in the Pacific Northwest' and the loss of legions of timber jobs." Judge Smith's view prevailed when the case was reviewed en banc. He wrote the opinion for the unanimous eleven-judge panel in July 2008.
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