---
title: "Milan Dale Smith Jr. | KnowJudges"
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page_type: "judge_profile"
updated: "2026-10-07"
---

# Milan Dale Smith Jr.

U.S. Court of Appeals for the Ninth Circuit · U.S. Circuit Judge

## Profile

- Court: U.S. Court of Appeals for the Ninth Circuit
- State: National federal courts
- Role: U.S. Circuit Judge
- Service status: active
- Last verified: 2026-07-25

## Summary

Official statewide and applicable court procedural guidance applies to this judge.

## Biography

### Professional career

- Judge, Court of Appeals for the Ninth Circuit, 2006-present
- The fifth Ninth Circuit judge appointed by Bush and the first since 2003
- Nonpartisan federal judge on the U.S. Court of Appeals for the Ninth Circuit, appointed in 2006 by President George W. Bush and confirmed by the Senate 93–0
- 1969–2006: Associate attorney at O’Melveny & Myers, then co‐founder of Smith & Hilbig, later Smith, Crane, Robinson & Parker
- Judge of the United States Court of Appeals for the Ninth Circuit

### Education

- University of Chicago Law School in on a full-tuition scholarship — J.D. (1969)
- Brigham Young University in — B.A. (1966)

### Additional information

- Alvarez (2010) – Struck down the Stolen Valor Act of 2005 as violating the First Amendment.
- Medi-Cal case (2009) – Upheld an injunction against California’s attempt to cut doctors’ reimbursement rates.
- Nominated on February 14, 2006 to replace Judge A. Wallace Tashima, Smith was confirmed by the Senate on May 16, 2006
- received his commission on May 18, 2006.
- President and general counsel, Los Angeles California Building Authority, 1983-2006
- 1983–2006: President and General Counsel, Los Angeles State Building Authority.
- Private practice, Los Angeles, CA, 1969-2006
- Vice chairman, California Fair Employment and Housing Commission, 1987-1991
- Born in Pendleton, Oregon, in 1942, Smith is the son of Milan D. Smith Sr., a former U.S. Department of Agriculture chief of staff.
- Date of birth: 1942-01-01
- United States v.
- The American Bar Association rated him “Well Qualified”.
- He has also authored opinions in commercial, labor, environmental, and constitutional cases.
- He is married to Kathleen Denise Crane, an attorney.
- Smith identifies as nonpartisan and has stated he has no plans to retire, wishing to “die with my boots on”.

## Before you appear

- Read the judge-specific standing order first when one is listed.
- Check the docket and case orders for requirements that supersede broader guidance.
- Confirm current remote-access and courtroom technology arrangements before the proceeding.

## Courtroom Rules

### appellate oral argument

Scope: courtwide

In federal courts of appeals, oral argument is allowed unless a three-judge panel unanimously finds one of Rule 34's specified grounds for dispensing with it; the clerk provides the date, time, place, and time allocation.

Evidence excerpt: Oral argument must be allowed in every case unless a panel of three judges who have examined the briefs and record unanimously agrees that oral argument is unnecessary

[Federal Rule of Appellate Procedure 34, Oral Argument](https://www.uscourts.gov/forms-rules/current-rules-practice-procedure/federal-rules-appellate-procedure)
Source checked: 2026-07-26


## Sources

- [Official profile](https://www.fjc.gov/node/1392401)
- [Official roster](https://www.fjc.gov/node/1392401)
- [Federal Judicial Center biography](https://www.fjc.gov/node/1392401)
- [CourtListener judicial biographical directory](https://www.courtlistener.com/person/3015/milan-dale-smith-jr/)
- [Federal Rule of Appellate Procedure 34, Oral Argument](https://www.uscourts.gov/forms-rules/current-rules-practice-procedure/federal-rules-appellate-procedure)
- [CourtListener judicial biographical directory](https://www.courtlistener.com/person/3015/milan-dale-smith-jr/)
- [Wikidata: Milan Smith](https://www.wikidata.org/wiki/Q16106095)

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