Lyman Herbert Smith Jr. (January 10, 1918 – November 3, 1996) was an American attorney and justice of the New York Supreme Court. He was a County, Family, and Surrogate Courts judge in Yates County, New York from 1964 to 1973. Before that, he was a country attorney for Yates County from 1948 to 1964.
Lyman Herbert Smith Jr. was born in a log cabin in Naples, New York on January 10, 1918.[1][2][3] His parents were Cora Mae (née Dailey) and Lyman H. Smith Sr., a rural mail carrier.[1][4][3] He graduated from Naples High School.[1] Next, he attended Cornell University, graduating with a Bachelor of Arts in 1940 and a Bachelor of Letters in 1942.[1][5] While there, he was a member of Alpha Chi Rho fraternity.[6]
During World War II, he served as a first lieutenant and a company tank commander with the United States Army 9th Armored Division.[1][2] He saw action during the Battle of the Bulge and the recapture of Remagen Bridge, receiving a Bronze Star for the latter.[1][2]
Smith started a private law practice in Penn Yan, New York in 1946.[1][2] He was elected county attorney in 1948, serving until 1964 when he became a judge with the county, Family, and Surrogate Courts in Yates County.[1][2][5] He was a judge in Yates County for fifteen years.[2] In June 1968, he was approved to practice before the Supreme Court of the United States.[7]
Governor Nelson Rockefeller appointed Smith to serve as a judge on the Seventh Judicial District New York Supreme Court on September 25, 1973.[8][9] This position which ran until December 21, 1974, was created to support new anti-drug laws.[8] When his appointed term was up, Smith successfully ran for election to the New York Supreme Court and served for fourteen years.[1] One of his noted cases was a special grand jury investigation into political corruption in Onondaga County.[2] He retired on March 9, 1983, after serving 38 years in law.[1][2]
Smith taught at the New York State School for the Judiciary (now the New York State Judicial Institute) in Crotonville, New York.[1] He also chaired the Committee on Criminal Jury Instructions.[1] He was a member of the American Bar Association, the National Prosecutors' Association, the New York State Bar Association, the New York State District Attorney's Association.[5]
Smith first married Catherine Strong.[1] Their children were Patricia D. Smith, Scott C. Smith, Catherine B. Smith, and Dion C. Smith.[1] His second wife was Mary Elizabeth "Polly" Marks.[1] They lived in Glenora, New York.[2]
Smith was a golfer, sailor, and vineyardist.[1] He was a vestryman at St. Marks Episcopal Church in Penn Yan.[1] He was president of the Penn Yan Rotary Club, the Yates County Red Cross, and the Yates County Community Chest.[1][5] He was a Republican.[7]
Smith died on November 3, 1996, in Dundee, New York.[1] He was buried in the Fulkerson Cemetery in Dundee.