Frederic N. Smalkin
Encyclopedia
The Honorable Frederic N. Smalkin is a Retired Judge of the U.S. District Court for the District of Maryland and is currently an Instructor at the University of Baltimore
School of Law. He was awarded the James A. May award for excellence in teaching and mentoring.
Judge Smalkin also has served as Chairman of the Maryland Governor's Emergency Management Advisory Council and is a Brigadier General in, as well as the former Deputy Commander of, the Maryland Defense Force
, and served as a Lieutenant Colonel in the Civil Air Patrol
, the U.S. Air Force Auxiliary. He was also a Captain in the United States Army
.
, Maryland
. His father, Richard, had risen to become a prominent attorney in Baltimore County, serving as President of the local Bar Association
and as one of the first Judges of the People's Court for Baltimore County, before his death in 1958.
The younger Smalkin graduated from McDonogh School
and received a B.A. from The Johns Hopkins University
, Phi Beta Kappa. Following in his late father's footsteps, he graduated from the University of Maryland School of Law
, earning his J.D.
and was made a member of the Order of the Coif
for graduating first of his class.
ROTC scholarships. He served as an officer in the U.S. Army from 1968 until his honorable discharge, in 1976, earning the Meritorious Service Medal
with an Oak Leaf Cluster and achieving the rank of Captain. Judge Smalkin served in the Ordnance Corps
with a detail to the Judge Advocate General's Corps, as Assistant to the General Counsel of the Army
, and was appointed Recorder of the Army Contract Adjustment Board. He later became a rated pilot and Lieutenant Colonel in the Civil Air Patrol, and was awarded its Distinguished Service Medal. He was commissioned in the Maryland Military Department and later promoted Brigadier General and appointed as commander of the Maryland Defense Force
(State Guard). Upon relinquishing command of the Defense Force, he was awarded the State of Maryland Distinguished Service Cross
.
Before entering "Senior Status
," on January 8, 2003, Judge Smalkin served as Chief Judge
, from October 20, 2001 to January 6, 2003. He had been on the bench since 1976, having begun his career as a United States Magistrate Judge
at the early age of 30 years. He received a "promotion," of sorts, on December 1, 1986, when he was invested as a United States District Judge. He retired to Senior Status in 2003 and retired fully in 2011. He is now a mediator and arbitrator with the dispute resolution firm JAMS (alternative dispute resolution)
.
, who succeeded Spiro Agnew
as Governor of Maryland, for mail fraud and racketeering. Smalkin applied a Supreme Court
decision—handed down after Mandel's conviction—which held that the mail fraud statute under which Mandel was convicted did not apply to cases of government corruption
. United States v. Mandel, 672 F.Supp. 864 (D.Md. 1987).
The second, and perhaps more notorious, case was Sons of Confederate Veterans, Inc. v. Glendenning, in which Judge Smalkin held that the Maryland Department of Motor Vehicles
could not deny the local Sons of Confederate Veterans
a "vanity" license plate
bearing a confederate flag
, because to do so would infringe their right to free speech, in violation of the First Amendment
. Sons of Confederate Veterans v. Glendenning, 954 F.Supp. 1099 (D.Md. 1997).
University of Baltimore
The University of Baltimore , located in downtown Baltimore, Maryland in the Mt. Vernon neighborhood at 1420 N. Charles Street, is part of the University System of Maryland. Through the Freshman Initiative or Lower Division Initiative, UB has transformed from an upper division university to a...
School of Law. He was awarded the James A. May award for excellence in teaching and mentoring.
Judge Smalkin also has served as Chairman of the Maryland Governor's Emergency Management Advisory Council and is a Brigadier General in, as well as the former Deputy Commander of, the Maryland Defense Force
Maryland Defense Force
The Maryland Defense Force is the State Defense Force for the state of Maryland, United States. Its main mission is to provide medical, legal, and logistic support for the Maryland Army National Guard and the Maryland Air National Guard. The Maryland Defense Force falls under the command of the...
, and served as a Lieutenant Colonel in the Civil Air Patrol
Civil Air Patrol
Civil Air Patrol is a Congressionally chartered, federally supported, non-profit corporation that serves as the official civilian auxiliary of the United States Air Force . CAP is a volunteer organization with an aviation-minded membership that includes people from all backgrounds, lifestyles, and...
, the U.S. Air Force Auxiliary. He was also a Captain in the United States Army
United States Army
The United States Army is the main branch of the United States Armed Forces responsible for land-based military operations. It is the largest and oldest established branch of the U.S. military, and is one of seven U.S. uniformed services...
.
Childhood and Education
Judge Smalkin was born in BaltimoreBaltimore
Baltimore is the largest independent city in the United States and the largest city and cultural center of the US state of Maryland. The city is located in central Maryland along the tidal portion of the Patapsco River, an arm of the Chesapeake Bay. Baltimore is sometimes referred to as Baltimore...
, Maryland
Maryland
Maryland is a U.S. state located in the Mid Atlantic region of the United States, bordering Virginia, West Virginia, and the District of Columbia to its south and west; Pennsylvania to its north; and Delaware to its east...
. His father, Richard, had risen to become a prominent attorney in Baltimore County, serving as President of the local Bar Association
Bar association
A bar association is a professional body of lawyers. Some bar associations are responsible for the regulation of the legal profession in their jurisdiction; others are professional organizations dedicated to serving their members; in many cases, they are both...
and as one of the first Judges of the People's Court for Baltimore County, before his death in 1958.
The younger Smalkin graduated from McDonogh School
McDonogh School
McDonogh School is a private, coeducational, K-12, college-preparatory school founded in Owings Mills, Maryland, USA in 1873.- History :The school was established near Baltimore, Maryland in 1873 and funded by the estate of John McDonogh, a former Baltimore resident, who died in 1850...
and received a B.A. from The Johns Hopkins University
Johns Hopkins University
The Johns Hopkins University, commonly referred to as Johns Hopkins, JHU, or simply Hopkins, is a private research university based in Baltimore, Maryland, United States...
, Phi Beta Kappa. Following in his late father's footsteps, he graduated from the University of Maryland School of Law
University of Maryland School of Law
The University of Maryland Francis King Carey School of Law is the second-oldest law school in the United States by date of establishment and third-oldest by date of first classes. The school is located on the campus of the University of Maryland, Baltimore in Downtown Baltimore's West Side...
, earning his J.D.
Juris Doctor
Juris Doctor is a professional doctorate and first professional graduate degree in law.The degree was first awarded by Harvard University in the United States in the late 19th century and was created as a modern version of the old European doctor of law degree Juris Doctor (see etymology and...
and was made a member of the Order of the Coif
Order of the Coif
The Order of the Coif is an honor society for United States law school graduates. A student at an American law school who earns a Juris Doctor degree and graduates in the top 10 percent of his or her class is eligible for membership if the student's law school has a chapter of the...
for graduating first of his class.
Military service
Judge Smalkin put himself through college and law school with a set of ArmyArmy
An army An army An army (from Latin arma "arms, weapons" via Old French armée, "armed" (feminine), in the broadest sense, is the land-based military of a nation or state. It may also include other branches of the military such as the air force via means of aviation corps...
ROTC scholarships. He served as an officer in the U.S. Army from 1968 until his honorable discharge, in 1976, earning the Meritorious Service Medal
Meritorious Service Medal (United States)
The Meritorious Service Medal is a military decoration presented to members of the United States Armed Forces who distinguished themselves by outstanding meritorious achievement or service to the United States subsequent to January 16, 1969...
with an Oak Leaf Cluster and achieving the rank of Captain. Judge Smalkin served in the Ordnance Corps
Ordnance Corps
The United States Army Ordnance Corps is a Sustainment branch of the United States Army, headquartered at Fort Lee, Virginia.-Mission Statement:The U.S...
with a detail to the Judge Advocate General's Corps, as Assistant to the General Counsel of the Army
General Counsel of the Army
The General Counsel of the Army is the General Counsel of the United States Department of the Army and the chief legal counselor of the United States Secretary of the Army...
, and was appointed Recorder of the Army Contract Adjustment Board. He later became a rated pilot and Lieutenant Colonel in the Civil Air Patrol, and was awarded its Distinguished Service Medal. He was commissioned in the Maryland Military Department and later promoted Brigadier General and appointed as commander of the Maryland Defense Force
Maryland Defense Force
The Maryland Defense Force is the State Defense Force for the state of Maryland, United States. Its main mission is to provide medical, legal, and logistic support for the Maryland Army National Guard and the Maryland Air National Guard. The Maryland Defense Force falls under the command of the...
(State Guard). Upon relinquishing command of the Defense Force, he was awarded the State of Maryland Distinguished Service Cross
State of Maryland Distinguished Service Cross
The State of Maryland Distinguished Service Cross may be awarded to any active or former member of the Maryland National Guard, any member of the active or retired military services who, while serving in any capacity and any branch of said service, shall have distinguished themselves in an act of...
.
Professional career
Judge Smalkin began his career in public service as Law clerk to then-Chief Judge Edward S. Northrop, in the U.S. District Court for the District of Maryland. He was subsequently admitted to the Maryland Bar, having reportedly achieved that year's highest score on the Maryland bar exam.Before entering "Senior Status
Senior status
Senior status is a form of semi-retirement for United States federal judges, and judges in some state court systems. After federal judges have reached a certain combination of age and years of service on the federal courts, they are allowed to assume senior status...
," on January 8, 2003, Judge Smalkin served as Chief Judge
Chief judge
Chief Judge is a title that can refer to the highest-ranking judge of a court that has more than one judge. The meaning and usage of the term vary from one court system to another...
, from October 20, 2001 to January 6, 2003. He had been on the bench since 1976, having begun his career as a United States Magistrate Judge
United States magistrate judge
In the United States federal courts, magistrate judges are appointed to assist United States district court judges in the performance of their duties...
at the early age of 30 years. He received a "promotion," of sorts, on December 1, 1986, when he was invested as a United States District Judge. He retired to Senior Status in 2003 and retired fully in 2011. He is now a mediator and arbitrator with the dispute resolution firm JAMS (alternative dispute resolution)
JAMS (alternative dispute resolution)
JAMS, based in Irvine, California, is one of the largest providers of alternative dispute resolution services in the world. Alternative dispute resolution is usually considered to be an alternative to litigation...
.
Notable Cases
Two controversial cases stand out from the many that Judge Smalkin heard during his thirty years on the bench. First was his 1987 decision which overturned the conviction of Marvin MandelMarvin Mandel
Marvin Mandel , a member of the United States Democratic Party, was the 56th Governor of Maryland in the United States from January 7, 1969, to January 17, 1979. He was Maryland's first, and, to date, only Jewish governor.- Early life :...
, who succeeded Spiro Agnew
Spiro Agnew
Spiro Theodore Agnew was the 39th Vice President of the United States , serving under President Richard Nixon, and the 55th Governor of Maryland...
as Governor of Maryland, for mail fraud and racketeering. Smalkin applied a Supreme Court
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
decision—handed down after Mandel's conviction—which held that the mail fraud statute under which Mandel was convicted did not apply to cases of government corruption
Political corruption
Political corruption is the use of legislated powers by government officials for illegitimate private gain. Misuse of government power for other purposes, such as repression of political opponents and general police brutality, is not considered political corruption. Neither are illegal acts by...
. United States v. Mandel, 672 F.Supp. 864 (D.Md. 1987).
The second, and perhaps more notorious, case was Sons of Confederate Veterans, Inc. v. Glendenning, in which Judge Smalkin held that the Maryland Department of Motor Vehicles
Department of Motor Vehicles
In the United States of America, a Department of Motor Vehicles is a state-level government agency that administers vehicle registration and driver licensing. Similar departments exist in Canada...
could not deny the local Sons of Confederate Veterans
Sons of Confederate Veterans
Sons of Confederate Veterans is an American national heritage organization with members in all fifty states and in almost a dozen countries in Europe, Australia and South America...
a "vanity" license plate
Vanity plate
A vanity plate or personalized plate , prestige plate, private number plate, or personalised registration or custom plate or personalised plate is a special type of vehicle registration plate on an automobile or other vehicle...
bearing a confederate flag
Flags of the Confederate States of America
There were only three flag designs adopted, with later, minor variants made to those designs, that served as the official national flags of the Confederate States of America and used during its existence from 1861 to 1865...
, because to do so would infringe their right to free speech, in violation of the First Amendment
First Amendment to the United States Constitution
The First Amendment to the United States Constitution is part of the Bill of Rights. The amendment prohibits the making of any law respecting an establishment of religion, impeding the free exercise of religion, abridging the freedom of speech, infringing on the freedom of the press, interfering...
. Sons of Confederate Veterans v. Glendenning, 954 F.Supp. 1099 (D.Md. 1997).
Academic and Professional Associations
- Federal Bar AssociationFederal Bar AssociationThe Federal Bar Association is the primary voluntary professional organization for private and government lawyers and judges practicing and sitting in federal courts in the United States.-Background:...
- American Law InstituteAmerican Law InstituteThe American Law Institute was established in 1923 to promote the clarification and simplification of American common law and its adaptation to changing social needs. The ALI drafts, approves, and publishes Restatements of the Law, Principles of the Law, model codes, and other proposals for law...
- Faculty member, The Johns Hopkins Medical School Core Faculty (Physician, Patient, and Society)
- Former Faculty member, Trial Advocacy Institute, University of VirginiaUniversity of VirginiaThe University of Virginia is a public research university located in Charlottesville, Virginia, United States, founded by Thomas Jefferson...
- Jurist-in-Residence and Instructor (Business Organizations, Commercial Law, Evidence, Sales & Leases, Trusts & Estates, English Legal History, American Legal History), University of Baltimore School of LawUniversity of Baltimore School of LawUniversity of Baltimore School of Law, or UB Law, is one of the three colleges that make up the University of Baltimore, which is part of the University System of Maryland. UB Law is one of only two law schools in the state of Maryland, the other law school being the University of Maryland School...
, 2005–present - Judicial Member, Maritime Law Association (U.S.)
- Postgraduate DiplomaPostgraduate diplomaA postgraduate diploma is a postgraduate qualification awarded typically after a bachelor's degree. It can be contrasted with a graduate diploma...
in Maritime Law, University of LondonUniversity of London-20th century:Shortly after 6 Burlington Gardens was vacated, the University went through a period of rapid expansion. Bedford College, Royal Holloway and the London School of Economics all joined in 1900, Regent's Park College, which had affiliated in 1841 became an official divinity school of the... - Supporting Member, London Maritime Arbitrators AssociationLondon Maritime Arbitrators AssociationThe London Maritime Arbitrators Association is a maritime arbitration association headquartered in London, United Kingdom.-Past presidents:* Malcolm T. Browne * A.S. Bunker * R.A.H. Clyde * J. Chesterman...
- Member, Chartered Institute of ArbitratorsChartered Institute of ArbitratorsThe Chartered Institute of Arbitrators is a London based membership organisation for arbitrators for the promotion and facilitation of dispute resolution...
(U.K.)