Tyler J. Smith

Tyler J. Smith

Partner

Tyler has a diverse litigation practice including criminal defense, appellate advocacy, civil litigation, and employment law in state and federal courts.

Tyler has over a decade of experience in criminal defense. He has a specific interest in drunk driving (OUI) defense and is a member of the National College of DUI Defense, the American Association of Premier DUI Attorneys, and the DUI Defense Lawyers Association. He was also selected by his peers in the Maine Association of Criminal Defense Attorneys to write amicus curiae briefs to the Maine Law Court in State v. Lemunier-Fitzgerald (Me. 2018) and State v. Day (Me. 2017), each of which dealt with the constitutional issues implicated by Maine’s implied consent statute.

Tyler also has a passion for appellate advocacy. As a law student, Tyler won first place in two national moot court competitions and first place in two intra-school competitions. As an attorney, Tyler has frequently argued before the Maine Law Court and the First Circuit Court of Appeals. Because appellate advocacy is a niche area of practice, Tyler represents clients across a spectrum of different practice areas ranging from serious criminal offenses to complex commercial disputes. A few examples include:

  • Arguing a constitutional challenge to Maine’s 14-day quarantine to the First Circuit Court of Appeals in Bayley’s Campground v. Janet T. Mills (1st Cir. 2021). Tyler’s work in the federal district court in Bayley’s Campground resulted in one of the first federal court decisions in the country to reject the argument that the Supreme Court’s 1905 decision in Jacobson v. Massachusetts provides a relaxed constitutional standard when COVID-19 restrictions infringe on constitutional rights.
  • Successfully challenging the State of Maine’s interpretation of the term “heroin” in State v. Pinkham (Me. 2016) by arguing that the amount of heroin in a person’s possession does not include the weight of the substances with which the heroin is mixed. Tyler’s work in Pinkham ultimately prompted the Maine Legislature to pass a new law changing how heroin and other drugs are defined.
  • Successfully arguing that a 40-year extension of a lease at an airport was extinguished by mortgagee’s foreclosure on the property in Littlebrook Airpark Condominium Association v. Sweet Peas, LLC (Me. 2019).
  • Vacating a spousal support award that required our client to pay his ex-wife $3,300 per month for six years, and then convincing the trial court on remand to reduce the client’s spousal support obligation to just $1.00 per year.

Finally, Tyler represents and advises employers in the public and private sectors in a variety of employment areas, including compliance under the FMLA, ADA, FLSA, Title VII, Maine Human Rights Act, Maine Whistleblowers’ Protection Act, and other state and federal employment laws. Tyler is also experienced in representing employers against claims for discrimination, retaliation, harassment, defamation, wage and hour violations, and other related claims before the Maine Human Rights Commission and in state and federal trial and appellate courts.

Tyler grew up in York County, where he resides with his wife and two children. He enjoys running, skiing, and playing guitar and mandolin.


BAR ADMISSIONS

STATE COURTS
Maine
Massachusetts
New Hampshire

FEDERAL COURTS
Supreme Court of the United States
First Circuit Court of Appeals

District of Maine
District of Massachusetts
District of New Hampshire


MEMBERSHIPS
Maine State Bar Association (Board of Governors, 2018-2019)
York County Bar Association
Maine Association of Criminal Defense Lawyers
National College of DUI Defense
American Association of Premier DUI Attorneys
DUI Defense Lawyers Association


EDUCATION
University of Southern Maine (B.S. Computer Science, Minor in Mathematics, 2005)
Roger Williams University School of Law (J.D. 2009)


HONORS & DISTINCTIONS

Repeated selections by Super Lawyers® New England as a “Rising Star” in the area of Litigation.

First Place  – 2009 Regent University National Moot Court Competition
Best Oralist – 2009 Regent University National Moot Court Competition
First Place – 2008 Regent University National Moot Court Competition
Fourth Best Oralist – 2008 Regent University National Moot Court Competition
Recipient – 2008 Esther Clark Scholarship
First Place – 2007 Esther Clark Moot Court Competition
First Place – 2007 Roger Williams University School of Law 1L Moot Court Competition