Zenell Brown
Our Metro Detroit legal community suffered a tremendous loss on June 23, 2025, with the passing of former Chief Judge Virgil Smith of the Third Circuit Court.
Judge Smith served on the Judiciary Committee of the Michigan House of Representatives from 1980 to 1981. He was elected to the Michigan State Senate in 1988 and, in 1995, became the first African American to serve as Senate Floor Leader.
Representative Virgil Smith, alongside Representative Perry Bullard, introduced legislation calling for the divestment of public pension funds from companies doing business in South Africa. Senator Smith was serving in the Michigan Senate when the Family Court Act — sponsored by the late Highland Park Representative Ethel Terrell— was passed.
On January 1, 2009, Judge Smith became chief judge of the Third Circuit Court.
Later that year, he appointed me as the Friend of the Court (FOC). The Wayne County FOC was created in 1919. Judge Smith followed the statute, ensuring all circuit, probate, and district judges voted on my appointment. It was a tremendous honor to be entrusted with his vision for the Family Court and to work alongside forward-thinking judges and administrators.
As chief judge, Smith led the Third Circuit Court through a significant funding dispute, ultimately achieving a landmark victory for judicial independence. Post- litigation, the Court demonstrated fiscal responsibility through cost savings and long-range planning.
As for the FOC, Chief Judge Smith instituted sweeping changes to ensure the FOC was engaged with and responsive to the community.
He directed the FOC to revamp its recruitment practices. Judge Smith believed that to hire the best, the Court had to make opportunities visible and welcoming to all. The result: the FOC attracted top-tier talent across legal, technology, financial, HR, and administrative domains. This team led major initiatives, including the FOC’s move to its current space in the Penobscot Building, the creation of the Bench Warrant Amnesty Program, the launch of the Self-Help Center, and the implementation of the Court Officer Program, and formalization of the FOC’s partnership with the Salvation Army’s William Booth Legal Aid Clinic.
After his tenure as chief judge, Judge Smith served as presiding judge of the Juvenile Division. He supported Wayne County Court Appointed Special Advocates (CASA) and the Black Child Development Institute (BCDI)–Detroit. He often shared powerful stories about the Great Black Migration and the challenges faced by children in foster care.
In 2018, Community Social Services of Wayne County (CSSWC) celebrated its 72nd anniversary and honored Judge Virgil C. Smith, then presiding judge of the Juvenile Division, with the Kristy Lynn Berkelbaugh Child Advocate Award. The award, established by Diana and Fred Berkelbaugh in memory of their beloved daughter, recognizes exemplary child advocates and continues to benefit children served by CSSWC’s Child Welfare Program.
Judge Smith’s chief judgeship ushered in a new era for the Third Circuit Court—one defined by judicial independence and innovation. His final years on the bench reflected his compassion for families and educating current and future leaders on history makers like Rep. Terrell. Judge Smith believed that leaders who didn’t know their history or weren’t committed to the common good weren’t worth a plugged nickel.
Chief Judge Robert J. Colombo Jr. succeeded Judge Smith as Chief Judge and in 2018 press release acknowledging in Judge Smith’s retirement stated:
“Judge Virgil Smith has provided outstanding leadership to the Third Judicial Circuit Court as the former Chief Judge and the present Presiding Judge of the Juvenile Division. During his leadership as Chief Judge, the Court’s lawsuit against Wayne County was resolved establishing a budget that has allowed for significant improvements in the Court and benefitting the people who work in the Court. He also strengthened the management team by selecting high level executive managers. When his term as Chief Judge ended, he assumed the responsibilities of the Presiding Judge of the Juvenile Division and has initiated a number of programs including understanding psychotropic medication, identifying and treating childhood traumatic experiences, increasing parenting time using outside sources like churches and adopting case management practices to more expeditiously allow family reunification. He has been a productive leader and colleague.”
Much of the progress made by the Family Division of the Third Circuit Court and the broader Detroit legal community is due in no small part to Judge Virgil Smith’s enduring contribution. As Judge Smith is laid to rest, we say goodbye to a warrior for justice and public service.
Judge Smith served on the Judiciary Committee of the Michigan House of Representatives from 1980 to 1981. He was elected to the Michigan State Senate in 1988 and, in 1995, became the first African American to serve as Senate Floor Leader.
Representative Virgil Smith, alongside Representative Perry Bullard, introduced legislation calling for the divestment of public pension funds from companies doing business in South Africa. Senator Smith was serving in the Michigan Senate when the Family Court Act — sponsored by the late Highland Park Representative Ethel Terrell— was passed.
On January 1, 2009, Judge Smith became chief judge of the Third Circuit Court.
Later that year, he appointed me as the Friend of the Court (FOC). The Wayne County FOC was created in 1919. Judge Smith followed the statute, ensuring all circuit, probate, and district judges voted on my appointment. It was a tremendous honor to be entrusted with his vision for the Family Court and to work alongside forward-thinking judges and administrators.
As chief judge, Smith led the Third Circuit Court through a significant funding dispute, ultimately achieving a landmark victory for judicial independence. Post- litigation, the Court demonstrated fiscal responsibility through cost savings and long-range planning.
As for the FOC, Chief Judge Smith instituted sweeping changes to ensure the FOC was engaged with and responsive to the community.
He directed the FOC to revamp its recruitment practices. Judge Smith believed that to hire the best, the Court had to make opportunities visible and welcoming to all. The result: the FOC attracted top-tier talent across legal, technology, financial, HR, and administrative domains. This team led major initiatives, including the FOC’s move to its current space in the Penobscot Building, the creation of the Bench Warrant Amnesty Program, the launch of the Self-Help Center, and the implementation of the Court Officer Program, and formalization of the FOC’s partnership with the Salvation Army’s William Booth Legal Aid Clinic.
After his tenure as chief judge, Judge Smith served as presiding judge of the Juvenile Division. He supported Wayne County Court Appointed Special Advocates (CASA) and the Black Child Development Institute (BCDI)–Detroit. He often shared powerful stories about the Great Black Migration and the challenges faced by children in foster care.
In 2018, Community Social Services of Wayne County (CSSWC) celebrated its 72nd anniversary and honored Judge Virgil C. Smith, then presiding judge of the Juvenile Division, with the Kristy Lynn Berkelbaugh Child Advocate Award. The award, established by Diana and Fred Berkelbaugh in memory of their beloved daughter, recognizes exemplary child advocates and continues to benefit children served by CSSWC’s Child Welfare Program.
Judge Smith’s chief judgeship ushered in a new era for the Third Circuit Court—one defined by judicial independence and innovation. His final years on the bench reflected his compassion for families and educating current and future leaders on history makers like Rep. Terrell. Judge Smith believed that leaders who didn’t know their history or weren’t committed to the common good weren’t worth a plugged nickel.
Chief Judge Robert J. Colombo Jr. succeeded Judge Smith as Chief Judge and in 2018 press release acknowledging in Judge Smith’s retirement stated:
“Judge Virgil Smith has provided outstanding leadership to the Third Judicial Circuit Court as the former Chief Judge and the present Presiding Judge of the Juvenile Division. During his leadership as Chief Judge, the Court’s lawsuit against Wayne County was resolved establishing a budget that has allowed for significant improvements in the Court and benefitting the people who work in the Court. He also strengthened the management team by selecting high level executive managers. When his term as Chief Judge ended, he assumed the responsibilities of the Presiding Judge of the Juvenile Division and has initiated a number of programs including understanding psychotropic medication, identifying and treating childhood traumatic experiences, increasing parenting time using outside sources like churches and adopting case management practices to more expeditiously allow family reunification. He has been a productive leader and colleague.”
Much of the progress made by the Family Division of the Third Circuit Court and the broader Detroit legal community is due in no small part to Judge Virgil Smith’s enduring contribution. As Judge Smith is laid to rest, we say goodbye to a warrior for justice and public service.
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