Milan Dale Smith, Jr. (born May 19, 1942) is an American attorney and jurist serving as a United States circuit judge of the United States Court of Appeals for the Ninth Circuit. Smith's brother, Gordon H. Smith, was a Republican U.S. Senator from 1997 to 2009. Milan Smith is neither a Republican nor a Democrat, and he considers himself to be a political independent.

Early life and education

Smith was born in Pendleton, Oregon. He is the son of Milan D. Smith, Sr., who served as chief of staff of the Department of Agriculture under Secretary Ezra Taft Benson. Smith received a Bachelor of Arts degree from Brigham Young University in 1966. Smith attended the University of Chicago Law School on a full-tuition scholarship, graduating in 1969 with a Juris Doctor.

Career

After law school, Smith became an associate attorney at the Los Angeles firm of O'Melveny & Myers. In 1972, Smith left O'Melveny to co-found his own law firm, Smith & Hilbig, which eventually became Smith, Crane, Robinson & Parker. 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.

Federal judicial service

Smith was nominated by President George W. Bush on February 14, 2006, to fill a seat vacated by Judge A. Wallace Tashima. The Standing Committee on the Federal Judiciary of the American Bar Association rated him "well qualified," the highest possible rating. He was confirmed just over three months later by the United States Senate on May 16, 2006, by a 93–0 vote. He was the fifth judge appointed to the Ninth Circuit by Bush, and the first since Carlos Bea was confirmed in 2003. He received his commission on May 18, 2006. In 2022, Smith told the Deseret News that he has no plans to retire and wishes to "die with my boots on."

Notable cases

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.

First Amendment

Second Amendment

Fourth Amendment

Environmental law

Intellectual Property

Labor, employment, and antitrust

Other notable cases

Selected publications