A Fond Farewell: Judge Philip E. Smith, NSL Professor of Family Law and Domestic Trial Practice (1960 – 2022)

Judge Philip E. Smith was a Nashville native. He loved telling stories of his childhood in Donelson, and the adventures (and mischief) he shared with his younger brother, Scott.

Judge Smith was a proud McGavock High School Raider. He went on to attend Middle Tennessee State University and then to Tennessee State University, obtaining his undergraduate degree in criminal justice from TSU in 1984.

After graduating from TSU, Judge Smith headed to Knoxville and the University of Tennessee College of Law. He truly did “bleed orange” and was a dedicated “Vol for Life.” He was known for passing out orange Tootsie Pops to children on adoption day and encouraging them to attend what he considered to be Tennessee’s flagship University. He was also known to shout a “go Vols!” from the bench on Fridays before game days.

Judge Smith graduated from law school in 1988 and began his career as an Assistant District Attorney in Nashville. In 1990, he entered the private sector, joining the Norman Law Office where he learned from his mentors, made lifelong friends, and developed his love of family law. He gained judicial experience serving as a Special Judge in the Second, Third, Fourth, and Fifth Circuit Courts in Davidson County, as well as in Probate Court. At times, he also served as a Juvenile Court Referee.

In 2001, he partnered with Judge Phillip Robinson and Teresa Oglesby to form the firm of Robinson, Smith & Oglesby. In his 19 years of private practice, Judge Smith tried hundreds of civil cases, most of which were family law cases. He was recognized in Best Lawyers in America and Mid-South Super Lawyers and, was admitted as a Fellow in the prestigious American Academy of Matrimonial Lawyers.

He was certified by the National Board of Trial Advocacy as a Family Law Trial Advocate. Upon the retirement of former Fourth Circuit Court Judge Muriel Robinson, then Governor Phil Bredesen appointed Smith to fill her seat. He took the bench in March 2009 and subsequently won countywide elections in 2010, 2014, and 2022.

Judge Smith actively worked to prevent domestic violence. In 2010 he, along with advocate Jean Crowe, encouraged Mayor Karl Dean to evaluate the domestic violence prevention procedures in Davidson County. This request led to the Nashville-Davidson County Domestic Violence Safety and Accountability Assessment. The Assessment led to many improvements in the county’s approach to preventing domestic violence, including the creation of the Jean Crowe Advocacy Center and the Family Safety Center.

Tennessee Supreme Court Justice Holly Kirby referred to Judge Smith in an opinion she authored as a “learned judge”—a designation that brought him great joy. While he exuded joy and good humor, he took his responsibilities as judge seriously, and he was honored to serve the families and lawyers that came before him. He was firm yet compassionate, often saying he understood his courtroom was filled with good people experiencing their worst days. He strove to provide a fair and just outcome in every case, through sound legal reasoning, good common sense, and a dash of heart and humanity. Judge Smith treated everyone the same, with respect and dignity, irrespective of race, color, socioeconomic background, gender, or sexual orientation.

Judge Smith also served as a professor at the Nashville School of Law, where he thoroughly enjoyed teaching Family Law and Domestic Trial Practice. In 2022, he began a monthly webinar, Family Matters with Judge Phil Smith, in which he provided important information and discussed relevant issues in family law to attorneys and the public.

In 2015, the Women’s Political Collaborative presented Judge Smith its Good Guy Award for his efforts to prevent domestic violence. The following year, the Nashville Bar Association honored him with its 2016 CLE Excellence Award. His accolades were many, yet they somehow fail to adequately honor his work and service.

On September 1, 2022, Judge Smith began his second full term as Judge of the Fourth Circuit Court of Davidson County, Tennessee, and his first term as Presiding Judge of the Davidson County State Trial Courts. He was excited about what he planned would be his final judicial term, and he was honored to serve his colleagues as Presiding Judge. As we often find, God has other plans—plans that are unexpected, incomprehensible, and sometimes jarring. Three days into his new term, he was called “home” and reunited with his parents, grandmother, and numerous other family members, dear friends and colleagues.

Judge Smith lived each moment with joy and good humor. He sought to forge a connection with everyone he met. He was genuinely happy and shared his happiness with everyone. He made real, true, lifelong friends.

Judge Smith died suddenly, and far too soon. We never had a chance to say goodbye. But he left a remarkable legacy. He left a professional legacy of fairness, compassion, and excellence. And he left a personal legacy to have fun, to be a good friend, and to live life to its fullest. I imagine that, if he were given the chance to share final words with anyone who would listen, he would say, “Carpe Diem!”