ELECT
EXPERIENCE

It is my firm belief that a Judge should not and must not have a personal agenda in a legal matter. Further, that he should not and must not legislate from the bench.

It is a Judge’s obligation to strictly apply the laws of the land as they are written, and not substitute his own philosophy or opinion for the clear instructions given by duly elected legislators.

Simply put, I believe a Judge should follow the law, not make it.

Having a father who is a lawyer, it seems like I always knew growing up that one day I would be a lawyer, too, and being a lawyer is all I have ever done.

I graduated from Cullman High School in 1979, and attended the University of Alabama where I earned an honors degree in Accounting in 1983. I then was admitted  to the University of Alabama School of Law where I earned my law degree in 1986.  While in law school, I served as a justice on the Honor Court and also worked as a law clerk for the Tuscaloosa law firm of Gray, Espy and Nettles.

When I graduated from law school, I had to decide between job offers with large Birmingham accounting and law firms where I would work as a tax attorney or serving a Clerkship with the Circuit Court for the 11th Judicial Circuit in Florence, Alabama. Because I knew that I wanted to return to Cullman to be a "small town lawyer", I accepted the Clerkship and for the next year I served as law clerk and bailiff for Circuit Judges J. Edward Tease and Ned Michael Suttle. While working full time for the Circuit Court, I studied for, took and passed the Alabama Bar Exam on my first attempt.

After my Clerkship, I returned to Cullman and joined my dad, Tom Smith, in the law firm of Smith & Smith. We had a varied practice, representing individuals and businesses as well as representing the Cullman County Board of Education and Cullman Power Board. In 1990, I was approached by the Cullman County District Attorney and asked to join the D.A.’s office and serve as Director of the newly-formed Cullman County Drug Task Force. I accepted the position and for four years, I managed the agency responsible for investigating and prosecuting all drug cases in Cullman County.  Our record for the prosecution of drug trafficking cases was perfect. While with the District Attorney’s office, I attended and graduated from the Career Prosecutors School at the University of Houston.

In 1994, I left the D.A.’s office and returned to Smith & Smith where I have practiced ever since. My practice is a varied one where I have personally prepared and tried virtually every type of case in the District and Circuit Courts, from routine traffic offenses to capital murder trials; from small claims cases to defending insurance companies in multi-million dollar litigation and doctors in wrongful death actions.

In addition to my experience as a lawyer and assistant District Attorney, I have also served as prosecutor for the City of Hanceville and Town of Addison, special prosecutor for the City of Cullman, special Municipal Court Judge for the Cities of Hanceville and Cullman and Town of Addison, and have been appointed Special Probate Judge for Cullman County.  I have also served as Special Prosecutor for the Walker County District Attorney where I prosecuted cases in which the acting District Attorney had a conflict and required outside assistance. I am also certified as a domestic and civil mediator by the Alabama State Bar. 

There is no type of case which would come before me as Judge that I have not seen and handled myself in my law practice.