
San Diego Criminal Justice Memorial
Honorees
A memorial directory honoring deceased judges, prosecutors, and defense attorneys who advanced criminal justice in San Diego County.

Hon. Donald W. Smith
1923-1989
Donald W. Smith was born in San Francisco on September 23, 1923. He attended schools in Alameda and Santa Clara before attending the University of Santa Clara and graduating from the University of California, Berkeley. He served in the United States Navy from 1943 to 1946 after which he attended the University of San Francisco School Of Law. He was admitted to the Bar in 1953 and after a short time in San Francisco he was enticed to move to El Cajon by his law school friend F. Joseph Doerr.
As a partner in the law firm of Lindley, Duffy and Smith he served as the Assistant City Attorney of the City of El Cajon and the Acting City Attorney of La Mesa before being appointed to the El Cajon Municipal Court to replace his longtime friend Joe Doerr. He was appointed by Governor Edmund G. “Pat” Brown April 19, 1962.
The business of the El Cajon Court at the time he was appointed was primarily criminal law including cases from cattle rustling to serious misdemeanor felony preliminary prosecutions.
Judge Smith loved the law and knew it well as he served the Eastern San Diego Communities with distinction and grace. He respected his role as a judge and the significance of that role in the community. He was sometimes impatient with the delays in the process and constantly sought ways to improve the system always being alert to assure fairness and justice.
He, along with his former law partner, Judge Thomas G. Duffy, worked tirelessly to perfect programs to that would help persons afflicted with drug or alcohol problems. He also proposed a diversion program for youthful offenders who had been arrested for petty theft and shoplifting offenses that would enable them to preserve their future by education and the ultimate dismissal of the charges against them. Many of the programs that he and Judge Duffy collaborated upon were far in advance of state legislative efforts, efforts that drew upon their experience.
Judge Smith was at heart a teacher. His love of the law inspired him to help all the young attorneys who appeared in front of him. He would call the attorney back into chambers after the case was concluded and congratulate them on what they did successfully and give them instructive comments on how to improve the art and skill of courtroom presentations.
He was also an innovator in creating forms to speed up the legal process; such as change of plea forms to assure proper advisement of an individual’s rights and the Trial by Declaration form to deal efficiently with traffic citations where neither the police officer nor the person cited would be required to be present thus saving time and expense.
Don Smith was appointed to the Superior Court by Governor Edmund G. “Jerry” Brown in November 1979. In 1985 and 1986 he was the Presiding Judge of the Superior Court having already served as the Supervising Judge of the Criminal Law Division. In 1986 he was also President of the National Conference of Metropolitan Courts.
It can be said of Judge Smith that he was one of the most influential persons in the careers of many lawyers, some of whom are now themselves serving the San Diego community as judges.
