Governor Charlie Crist appointed him in 2008 to preside as a judge of the Miami-Dade County Court, where he served until 2012.

Governor Rick Scott appointed him to the Eleventh Judicial Circuit Court in 2012, where he served until his elevation to the federal bench in 2019.

He was nominated to the seat vacated by Judge Robin S. Rosenbaum, who was elevated to the United States Court of Appeals for the Eleventh Circuit on June 2, 2014.

[8] On January 3, 2019, his nomination was returned to the President under Rule XXXI, Paragraph 6 of the United States Senate.

On January 23, 2019, President Trump announced his intent to renominate Smith for a federal judgeship.