A native of southeastern Idaho, Smith attended Brigham Young University in Provo, Utah,[1] where he received his Bachelor of Science degree in 1974.

Smith left private practice in 1995 following an appointment by Batt to become a state judge for the sixth district in Pocatello, a position he held until his confirmation to the U.S. Court of Appeals for the Ninth Circuit.

[3][4] Following the Democratic Party takeover of the United States Senate in the aftermath of the November 2006 elections, and the withdrawal of fellow Ninth Circuit nominee William Myers,[4] Bush resubmitted Smith's name to the 110th Congress on January 16, 2007.

[7] In February 2012, Smith authored a dissent to the Ninth Circuit's decision in Perry v. Brown holding California Proposition 8 unconstitutional.

He did agree with the majority that the appellants had standing to bring the appeal, and that Judge Vaughn Walker's decision should not be vacated on allegations of bias.