Hon. James L. Smith (Ret.)

T: 714-939-1300
F:714-939-8710

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Hon. James L. Smith (Ret.), in 1997 after 26 years as a trial court judge, retired from the Orange County Superior Court to become a full-time arbitrator, discovery referee, and mediator. To this day, he is the only Orange County Judge, active or retired, to have been assigned to all of the Court's calendars. In addition to serving two terms as Presiding Judge of the Court, Judge Smith was Presiding Judge of the Probate Department, Supervising Judge of the Criminal Panel, and assigned to the Complex Litigation Panel, Family Law Panel, Criminal Trial Panel, Law and Motion, Civil Trials, Juvenile Court, and General Trials.

ADR Experience and Qualifications

The breadth of Judge Smith's experience is one of the strengths he brings to the table as a mediator, arbitrator, or discovery referee. He has presided over thousands of settlement conferences and trials as a judge, and since his retirement has worked on over 1,500 cases as an arbitrator, mediator, or discovery referee, with an emphasis on complex litigation.

Representative Matters

  • Arbitrator in a high 10-figure government contract binding arbitration, a high 8-figure complex business binding arbitration, and over 200 other cases of varying levels of complexity
  • Discovery Referee and/or Special Master in 8-figure litigation involving the home mortgage loan industry, a major pension fund fraud action, numerous construction defect cases, several estate and trust matters, and other complex litigation proceedings
  • Mediator in over 500 matters including complex civil litigation, major personal injury actions, real estate disputes, and estate and trust proceedings

Honors, Memberships, and Professional Activities

  • Chair, Presiding Judges Advisory Committee to the Judicial Council, 1995
  • Governing Board, Center for Judicial Education and Research (CJER), 1986-1992
  • Judicial Criminal Advisory Committee on Trial Court Coordination, 1974-1978
  • Judicial Criminal Justice Planning Committee, 1974-1978
  • President, Camp Osceola Board of Directors, 1974
  • President, Orange YMCA Board of Directors, 1964-1973
  • Member, Executive Committee, Orange County Superior Court, (7 years, not continuously)
  • Professor, Western State University College of Law, 1972-1989; (teaching Trial Practice, Trial Advocacy, Constitutional Law, Criminal Law, and Introduction to Legal Education)
  • Member, faculty of numerous programs presented by the Center for Judicial Education and Research (CJER) and the California Judges Association (CJA)
  • Taught at the California Judicial College and has served as Team Leader of the Large Court section of the Presiding Judges Institute presented by CJER
  • Participated in numerous CEB programs on various subjects including E-Discovery, Bias In the Workplace, Arbitration Procedures, Effective Mediation Practices, Managing Mental Health and Evidence
  • Served as instructor in Criminal Law for the Orange County Peace Officers Academy

Background and Education

  • Judge, Orange County Superior Court, 1980-1995 (Presiding Judge, 1994-1995; Assistant Presiding Judge, 1991-1994; Complex Litigation Panel, 1992-1993; Presiding Judge, Probate Dept. 1987-1988; Supervising Judge, Criminal Panel, 1984-1985; Family Law Panel, 1982)
  • Judge, West Orange County Municipal Court, 1971-1980
  • Sole practitioner with emphasis on litigation, 1967-1971
  • Partner with Schlegel, Friedemann, Kelley & Smith, 1964-1967
  • Deputy District Attorney, County of Orange, 1963-1964 (founded Fraud Div., 1964)
  • Admitted to the California Bar and the U.S. Court of Appeals, Ninth Circuit, 1963
  • LL.B. (JD), Hastings College of the Law, 1962
  • B.A., University of Redlands, 1959