N. Randy Smith
Encyclopedia
Norman Randy Smith is a federal judge
United States federal judge
In the United States, the title of federal judge usually means a judge appointed by the President of the United States and confirmed by the United States Senate in accordance with Article II of the United States Constitution....

 on the United States Court of Appeals for the Ninth Circuit
United States Court of Appeals for the Ninth Circuit
The United States Court of Appeals for the Ninth Circuit is a U.S. federal court with appellate jurisdiction over the district courts in the following districts:* District of Alaska* District of Arizona...

. He currently lives and maintains chambers in Pocatello, Idaho
Pocatello, Idaho
Pocatello is the county seat and largest city of Bannock County, with a small portion on the Fort Hall Indian Reservation in neighboring Power County, in the southeastern part of the U.S. state of Idaho. It is the principal city of the Pocatello metropolitan area, which encompasses all of Bannock...

.

Background

A native of Southeastern Idaho, Smith attended Brigham Young University
Brigham Young University
Brigham Young University is a private university located in Provo, Utah. It is owned and operated by The Church of Jesus Christ of Latter-day Saints , and is the United States' largest religious university and third-largest private university.Approximately 98% of the university's 34,000 students...

, where he received his B.S. degree in 1974 and 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...

 in 1977. Following law school, he returned to Idaho
Idaho
Idaho is a state in the Rocky Mountain area of the United States. The state's largest city and capital is Boise. Residents are called "Idahoans". Idaho was admitted to the Union on July 3, 1890, as the 43rd state....

 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. He concurrently taught business and accounting courses at Boise State University
Boise State University
Boise State University is a public university located in Boise, Idaho. Originally founded in 1932 as a junior college by the Episcopal Church, the university became an independent institution in 1934, and has been awarding baccalaureate and master degrees since 1965...

 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
Idaho State University
Idaho State University is a public university located in Pocatello, Idaho. It has outreach programs in Coeur d'Alene, Idaho Falls, Boise, and Twin Falls....

 where he continues teaching accounting, business law, and political science courses in the Economics and Political Science Departments. In the early 1990s, Smith served as Chairman of the Idaho Republican Party and helped manage the campaign of former Idaho governor Phil Batt
Phil Batt
Philip Eugene Batt was the 29th Governor of Idaho from 1995 to 1999.Batt was an onion and hops farmer from Wilder...

. Smith left private practice in 1995 to become a trial judge for the Sixth Judicial District of Idaho, a position he held until his confirmation to the U.S. Court of Appeals for the Ninth Circuit.

Ninth Circuit nominations and confirmation

Smith was nominated by President George W. Bush
George W. Bush
George Walker Bush is an American politician who served as the 43rd President of the United States, from 2001 to 2009. Before that, he was the 46th Governor of Texas, having served from 1995 to 2000....

 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 S. Trott
Stephen S. Trott is a Senior Circuit Judge for the United States Court of Appeals for the Ninth Circuit. Trott was nominated for this position by President Ronald Reagan on August 9, 1987 after the seat held by Joseph Tyree Sneed, III became vacant...

. However, after opposition from California senators Dianne Feinstein
Dianne Feinstein
Dianne Goldman Berman Feinstein is the senior U.S. Senator from California. A member of the Democratic Party, she has served in the Senate since 1992. She also served as 38th Mayor of San Francisco from 1978 to 1988....

 and Barbara Boxer
Barbara Boxer
Barbara Levy Boxer is the junior United States Senator from California . A member of the Democratic Party, she previously served in the U.S. House of Representatives ....

, who argued that Smith, an Idahoan, had been nominated to a "California seat", his nomination stalled in the 109th Congress
109th United States Congress
The One Hundred Ninth United States Congress was the legislative branch of the United States, composed of the United States Senate and the United States House of Representatives, from January 3, 2005 to January 3, 2007, during the fifth and sixth years of George W. Bush's presidency. House members...

.

Following the Democratic Party takeover of the U.S. Senate in the aftermath of the November 2006 elections, and the withdrawal of fellow Ninth Circuit nominee William Gerry Myers III, Bush resubmitted Smith's name to the 110th Congress on January 16, 2007. The new nomination was to the seat left open by Idaho judge Thomas G. Nelson, resulting in Smith's confirmation on February 15, 2007, by a vote of 94-0, over a year after his original nomination.

Smith is 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.

His first published opinion for the Ninth Circuit was United States v. Zalapa, which dealt with multiplicity of criminal convictions.

External links

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