Don Smyth For Judge

Thank you for coming to DONSMYTHFORJUDGE.COM. As you know by now, Don is a candidate for Judge of Harris County Criminal Court at Law #13. After over 36 years in the practice of law, of which nearly 33 years have been representing the citizens of Harris County, Texas as an ASSISTANT DISTRICT ATTORNEY, Don is looking forward to serving the community in a new role.

The first and most important thing that Don would like you to know about him is that he is married to an extraordinary woman, LYDIA MARTINEZ SMYTH. They have three grown children. All three graduated from the University of Texas at Austin and all married UT alumni. Don and Lydia also have two grandchildren.

Don’s legal career began as a Staff Attorney for the Texas Department of Corrections in 1973 where he worked for over 3 ½ years. During that period of time he tried cases in both criminal and civil courts. He also practiced appellate law and presented oral appellate arguments before THE TEXAS COURT OF CRIMINAL APPEALS, THE SUPREME COURT OF TEXAS, and THE FIFTH CIRCUIT COURT OF APPEALS (before both three judge panels and En Banc panels).

Don always wanted to be a trial lawyer, so in 1977 he applied for a position with the Harris County District Attorney’s Office. He was hired by District Attorney Carol Vance and started his career as an Assistant District Attorney on July 18, 1977. Don’s first assignment was in the Criminal Non-Support Division. He then advanced through the ranks of the Misdemeanor and Felony Trial Courts representing the State of Texas in many court and jury trials. Don was promoted to Chief Prosecutor of a Felony Trial Court in 1981. In 1983 District Attorney Johnny Holmes selected Don to run the Civil Rights Division, which had the responsibility of investigating peace officers involved in shootings and allegations of peace officer misconduct. Don remained the Chief Prosecutor of that division until he returned to the Trial Bureau as Chief of Felony Trial Division “A” where he tried capital murder cases and supervised the prosecutors and staff of six felony trial courts. Don was later assigned to supervise the prosecutors and staff of the fifteen county criminal courts at law in the Misdemeanor Trial Division of the District Attorney’s Office for a two year period before returning to the position of Chief of Felony Trial Division “C”. In 1999 Don was asked to return to the job of Chief of the Civil Rights Division during the last year that Mr. Holmes served as District Attorney. In 2001 the Civil Rights Division and the Public Integrity Division were joined together to form the Governmental Affairs Bureau and Don was appointed to be the Chief of that Bureau. Don continued to try cases and supervise the investigations and prosecutions of the new Police Integrity Division and the Public Integrity Division. He served as Chief of the Governmental Affairs Bureau until January 1, 2009. Don is currently the Chief of Felony Trial Division “A”.

As an Assistant District Attorney, Don Smyth has tried hundreds of misdemeanor and felony cases. He has investigated and supervised the investigation of hundreds of serious and sensitive allegations of criminal misconduct. Don has successfully investigated and tried fifteen death penalty capital murder cases, including two of the killers of Jennifer Ertman and Elizabeth Pena as well as the killer of HPD Sgt. Kent Kincaid. One of the cases that Don investigated is the subject of a book entitled A Warrant To Kill and an A&E documentary.

Don was largely raised in Houston and attended HISD elementary, middle and high schools. Don graduated from Westbury High School in 1966 and was a 1970 PHI BETA KAPPA graduate of the University of Texas at Austin with a B.A. Degree in Economics. He attended the University of Texas School of Law where he received his JD degree in 1973. Don was licensed to practice law by the Supreme Court of Texas in September 1973.

Outside of the courtroom, Don has been involved in training younger Assistant District Attorneys, putting on criminal law seminars for the Houston Bar Association, and instructing Investigators for the Texas District and County Attorneys Association. He has taught the Texas Code of Criminal Procedure to every HPD Academy Cadet Class since 2002. He has also taught in-service classes to many local police departments including legislative update classes to HPD Officers since 2003.

Don has been a commissioned Texas Peace Officer since 1983 and holds a Master Peace Officer certification. Don also holds Texas Commission on Law Enforcement Officer Standards and Education certifications as an Instructor and a Firearms Instructor.

Don Smyth has been an active member of St. Paul’s United Methodist Church since 1983. He has taught Sunday school classes to high school students and supervised the youth of the church in summer work camps in rural Texas and in Mexico. Don is an Eagle Scout and has been an adult volunteer and Scoutmaster in the Boy Scouts of America since 1986. Don also volunteers his time with the Emergency Aid Coalition and is a Life Member of The 100 Club.

An examination of Don’s legal career and service to the community will show that he has the EXPERIENCE, INTEGRITY and COMMITMENT to be the kind of judge that the citizens of Harris County deserve.