Lavenski Smith

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Lavenski Smith
Image of Lavenski Smith

Nonpartisan

United States Court of Appeals for the 8th Circuit
Tenure

2002 - Present

Years in position

22

Education

Bachelor's

University of Arkansas, 1981

Law

University of Arkansas School of Law, 1987

Personal
Birthplace
Hope, Ark.


Lavenski R. Smith is a federal judge on the United States Court of Appeals for the 8th Circuit. He joined the court in 2002 after being nominated by former President George W. Bush.[1] From 2017 to 2024, Smith served as chief judge of the district court.[2]

Early life and education

A native of Hope, Arkansas, Smith received both his B.A. and his J.D. from the University of Arkansas.[2]

Professional career

  • 2017-2024: Chief judge
  • 2001-2002: Commissioner, Arkansas Public Service Commission
  • 1999-2000: Associate justice, Arkansas Supreme Court
  • 1997-1999: Chair, Arkansas Public Service Commission
  • 1996-1997: Regulatory liaison, Gov. Mike Huckabee (R-Ark.)
  • 1994-1996: Assistant professor, John Brown University
  • 1991-1994: Private practice, Springdale, Ark.
  • 1987-1991: Staff attorney, Ozark Legal Services
  • 1985-1987: Law clerk in private practice, Arkansas[2]

Judicial career

Eighth Circuit Court of Appeals

Nomination Tracker
Fedbadgesmall.png
Nominee Information
Name: Lavenski R. Smith
Court: United States Court of Appeals for the 8th Circuit
Progress
Confirmed 419 days after nomination.
ApprovedANominated: May 22, 2001
ApprovedAABA Rating: Unanimously Qualified
Questionnaire:
ApprovedAHearing: May 23, 2002
Hearing Transcript: Hearing Transcript
QFRs: (Hover over QFRs to read more)
ApprovedAReported: June 27, 2002 
ApprovedAConfirmed: July 15, 2002
ApprovedAVote: Voice vote
DefeatedAReturned: August 3, 2001

Smith was first nominated by former President George W. Bush on May 22, 2001, to a seat vacated by Judge Richard Arnold. Under Rule XXXI, paragraph six of the standing rules of the U.S. Senate, Smith's nomination was returned to the president on August 3, 2001. President Bush resubmitted Smith's nomination on September 4, 2001.[3] The American Bar Association rated Smith Unanimously Qualified for the nomination.[4] Hearings on Smith's nomination were held before the United States Senate Committee on the Judiciary on May 23, 2002, and his nomination was reported by U.S. Sen. Patrick Leahy (D-Vt.) on June 27, 2002. Smith was confirmed on a voice vote of the U.S. Senate on July 15, 2002, and he received his commission on July 19, 2002. From 2017 to 2024, he served as chief judge of the district court.[2][5]

Appointment opposition

Smith's appointment to the Eighth Circuit was opposed by the Alliance for Justice, NARAL, the National Abortion Federation, and Planned Parenthood.[6] The National Council of Jewish Women also opposed the nomination, stating: "The information that has come to light on Commissioner Smith's record of hostility toward reproductive freedom, as well as his notable lack of experience dealing with cases involving federal constitutional issues, leads us to conclude that his nomination should not be confirmed."[7]

Noteworthy cases

SCOTUS vacates Eighth Circuit ruling on fees award (2016)
See also: United States Court of Appeals for the 8th Circuit (CRST Van Expedited v. EEOC)

On May 19, 2016, the U.S. Supreme Court vacated the judgment of a three-judge panel of the Eighth Circuit. Judge Lavenski Smith issued the opinion of the panel in the case.

After filing a motion to intervene, the Equal Employment Opportunity Commission (EEOC) filed a sexual harassment suit on behalf of approximately 270 female employees against CRST Van Expedited (CRST), alleging sexual harassment in violation of Title VII of the Civil Rights Act of 1964. Two years after filing the suit, the EEOC failed to identify the 270 individuals in the lawsuit. A federal district court ordered the EEOC to amend its list to include only those plaintiffs who both wished to continue with the suit and to ensure that those women be available for deposition. The EEOC complied with the first court order, but failed to comply with the second requirement under the court order before a judicially-imposed deadline. During the litigation, CRST filed seven separate motions to dismiss, which the district granted either in full or in part for six of the motions. CRST subsequently filed a bill of costs against the EEOC for $4,560,285.11, and the district court granted the fee award. The EEOC appealed. Writing for a three-judge panel, Judge Lavenski Smith reversed the district court's fee award, holding that the EEOC’s obligations were not elements of CRST's claim. Further, the panel held that the fee award did not constitute a ruling on the merits and that CRST was not eligible for fees in the absence of a judgment on the merits.

Writing for a unanimous U.S. Supreme Court, Justice Anthony Kennedy vacated the circuit court's decision, holding that CRST could be considered a prevailing party, and eligible to an award for fees, even in the absence of a ruling on the merits.[8][9][10]

See also

External links


Footnotes

  1. ↑ United States Department of Justice, "Lavenski R. Smith Biography," accessed November 15, 2015
  2. ↑ 2.0 2.1 2.2 2.3 The Federal Judicial Center, "Smith, Lavenski R.," accessed March 19, 2024
  3. ↑ United States Congress, "PN 449 - Lavenski R. Smith - The Judiciary," accessed July 26, 2016
  4. ↑ American Bar Association, "Ratings of Article III judicial nominees, 107th Congress," accessed July 26, 2016
  5. ↑ United States Congress, "PN 889 - Lavenski R. Smith - The Judiciary," accessed July 26, 2016
  6. ↑ Bench Mark Campaign, "NCJW's Campaign to Save Roe," accessed July 15, 2002 (Dead link)
  7. ↑ Bench Mark Campaign, "Campaign to Save Roe," accessed July 15, 2002 (Dead link)
  8. ↑ U.S. Court of Appeals for the Eighth Circuit, Equal Employment Opportunity Commission v. CRST Van Expedited Inc., decided December 22, 2014
  9. ↑ Supreme Court of the United States, CRST Van Expedited Inc. v. Equal Employment Opportunity Commission, May 19, 2016
  10. ↑ Oyez.org, "CRST Van Expedited v. EEOC," accessed October 10, 2017

Political offices
Preceded by
- 		United States Court of Appeals for the 8th Circuit
2002-Present		 Succeeded by
-


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