Milan D. Smith Jr.

Milan D. Smith Jr.
Name	Milan D. Smith Jr.
Office	Senior Judge of the United States Court of Appeals for the Ninth Circuit
Term start	December 31, 2022
Office1	Judge of the United States Court of Appeals for the Ninth Circuit
Term start1	May 9, 2006
Term end1	December 31, 2022
Appointed	George W. Bush
Predecessor1	J. Clifford Wallace
Birth date	June 23, 1942
Birth place	Pendleton, Oregon
Alma mater	Brigham Young University (B.A.), University of California, Los Angeles (J.D.)

Milan D. Smith Jr. is an American jurist who has served as a judge on the United States Court of Appeals for the Ninth Circuit, including a period as a senior judge. Appointed by President George W. Bush, he sat on a federal appellate court that covers a vast geographic region including California, Arizona, and Nevada. His career spans work in private practice, state litigation, and federal adjudication, with opinions addressing administrative law, Native American law, and constitutional disputes.

Early life and education

Born in Pendleton, Oregon, he was raised in a family with roots in the Pacific Northwest and the Intermountain West. He attended Brigham Young University in Provo, Utah for undergraduate studies, where he earned a Bachelor of Arts and participated in campus life connected to The Church of Jesus Christ of Latter-day Saints. He subsequently attended the University of California, Los Angeles School of Law (UCLA School of Law) in Los Angeles, receiving a Juris Doctor and engaging with legal scholarship and clinics that linked him to broader California legal networks.

Legal and judicial career

After law school he entered private practice in Los Angeles, joining firms that handled civil litigation and appellate matters across California and the Ninth Circuit's jurisdiction. He served as an attorney in matters involving state agencies, utilities, and commercial disputes, litigating in forums including the United States District Court for the Central District of California and state appellate courts such as the California Court of Appeal. His experience included work before regulatory bodies and participation in cases implicating statutes like the Administrative Procedure Act and disputes under federal statutes adjudicated in the Ninth Circuit.

In 2006, President George W. Bush nominated him to a seat on the United States Court of Appeals for the Ninth Circuit to fill the vacancy created by Judge J. Clifford Wallace. The United States Senate confirmed his nomination, and he received his commission to serve on the Ninth Circuit, joining a bench with judges from panels that decide appeals from district courts such as the United States District Court for the District of Arizona and the United States District Court for the District of Nevada. He took senior status at the end of 2022, remaining active in panels across the circuit that includes en banc and panel assignments and interactions with circuits such as the United States Court of Appeals for the Second Circuit and the United States Court of Appeals for the Ninth Circuit's administrative offices.

Notable rulings and jurisprudence

On the Ninth Circuit he authored opinions across a spectrum of issues. In administrative law matters he addressed agency deference doctrines and review standards that implicate precedents from the Supreme Court of the United States such as Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc. and decisions interpreting the Administrative Procedure Act. In Native American law he participated in cases concerning tribal jurisdiction and treaty rights involving parties from tribes located in California and the Pacific Northwest, engaging with legal frameworks derived from decisions such as Nevada v. Hicks and principles from the Indian Civil Rights Act era jurisprudence.

He wrote opinions on constitutional questions that touched on First Amendment disputes, Fourth Amendment search-and-seizure issues, and challenges under the Fourteenth Amendment, frequently citing Supreme Court authorities like Brown v. Board of Education or Mapp v. Ohio when framing precedent. In environmental and resource cases, his analyses invoked statutes such as the Endangered Species Act and the National Environmental Policy Act, interacting with agency determinations by entities like the United States Fish and Wildlife Service and the Bureau of Land Management. His commercial and securities-related rulings referenced federal statutes including the Securities Exchange Act of 1934 in appeals originating from district courts across the circuit.

Memberships, honors, and academic work

Throughout his career he has participated in professional organizations and advisory roles linked to institutions such as the American Bar Association, the Federal Judicial Center, and state bar associations in California and Oregon. He has been recognized by legal publications and award-giving bodies, receiving honors that reflect contributions to appellate jurisprudence and civic engagement. In academia he has lectured at law schools including UCLA School of Law, Pepperdine University School of Law, and Brigham Young University Benjamin N. Cardozo School of Law events, contributing to panels on appellate procedure, federal courts, and judicial ethics. He has also engaged with continuing legal education programs sponsored by state bars and institutions like the Federal Judicial Center.

Personal life and legacy

He has maintained ties to communities in Southern California and the Intermountain West, participating in civic and faith-based activities tied to The Church of Jesus Christ of Latter-day Saints and regional organizations. His legacy on the Ninth Circuit includes a body of opinions that have been cited by colleagues and lower courts in areas ranging from administrative law to tribal jurisdiction, influencing litigation strategies in federal appellate practice. His transition to senior status has allowed for continued contributions to the circuit's workload and mentorship of newer judges and clerks from institutions such as Harvard Law School, Yale Law School, and Stanford Law School.

Category:Judges of the United States Court of Appeals for the Ninth Circuit Category:Brigham Young University alumni Category:UCLA School of Law alumni Category:1942 births Category:Living people