Retired Judge Carole Smitherman Reflects on a Distinguished Career of Judicial and Political ‘Firsts’

Carole Smitherman retired in January after a distinguished career that included being the first Black woman hired as a deputy district attorney in Jefferson County. (Marika N. Johnson, The Birmingham Times)
” data-medium-file=”https://www.birminghamtimes.com/wp-content/uploads/2025/03/smitherman_7-1-300×179.jpg” data-large-file=”https://www.birminghamtimes.com/wp-content/uploads/2025/03/smitherman_7-1-1024×610.jpg” tabindex=”0″ role=”button” />

By Sym Posey | The Birmingham Times

Surveying a crowded courtroom in the downtown Jefferson County Courthouse recently, retired judge Carole Smitherman said she saw more than the family, friends, judges — Democrats and Republicans — and others who gathered in her honor.

“I look at the heart when I look at people,” she told the Birmingham Times. “I’ve always thought that labels interfere with who people really are. I don’t look at labels, if one person is a Republican or a Democrat … “

The courtroom was packed as Jefferson County presented Smitherman with a proclamation recognizing her lifetime of service to the County and dedicated a plaque highlighting her 49 years of legal work in the Birmingham metro area.

Smitherman retired in January after a distinguished career that included being the first Black woman hired as a deputy district attorney in Jefferson County and becoming Birmingham’s first Black woman municipal and circuit court judge. She was also the first female African American President of the Birmingham City Council and first female mayor of the City of Birmingham.

“I could feel the love in the room,” said Smitherman, about the courtroom crowd gathered in her honor. “People came from California and New York and Atlanta … no matter how dim it ever gets we have to remember the goodness in people and I’ve tried to see the positive and use my position to help people. We tend to see all the negative in the world. That showed me there is still a lot of positive, still a lot of love.”

Judges and elected officials from both sides of the aisle were in the room including Alabama Supreme Court Chief Justice Sarah Stewart and Jefferson County Commission President Jimmie Stephens, both Republicans.

“I think it is really important to recognize the icon that Judge Smitherman is to the entire judiciary,” Stewart said. “Borrowing a little bit from the [Bible] book of Esther ‘every now and then someone comes for times such as this’ and she has been that person. She has been a trailblazer in all of the forms when you think about that word. She has set the path for women, female lawyers, or female judges.”

Smitherman has been about relationships and not about politics, Stephens said.

“Carole Smitherman’s legacy has been about public service representing the citizens of Jefferson County – white, Black, Democrats, Republicans,” said Stephens.

He added that Smitherman and her husband Rodger came to Bessemer with worship at his church’s 200th commemorative anniversary. “They didn’t do that because they had to or needed to they did that because they wanted to,” said Stephens, who attends Canaan Baptist Church in Bessemer. “They sat with us and on the second pew and worshipped with us.”

Retired Judge Carole Smitherman first stepped into the Jefferson County Courthouse in 1976 when she was hired as a legal clerk in the Circuit Civil Clerk’s Office. (Sym Posey, The Birmingham Times)

Balance

While many know Smitherman for her public life, there is a balance, she said.

“I enjoy music and dancing. I’m always going to have a good dance partner too because [husband] Rodger is always ready to dance especially on that music that we grew up on fell in love with — [R&B icons] Chaka Khan, Whitney Houston. There should always be two parts of everyone. One, your professional life which is my robe. And my personal life which is other things I like to do. I’ve always liked to dance … I think it’s a real celebration when you can dance and sing and be happy.

“[And] I like to read … those things make me whole,” she continued. “And I use those experiences to guide my professional life as well. Dancing makes you feel good. I even go to a church [Rock City Church] where we dance. It’s always been a part of me and I enjoy it.”

Smitherman said she also likes to garden.

“My mother was President of the Alabama Colored Teachers and Parents Association (the PTA when it was segregated) and I used to watch her and wanted to mimic her and be like her; she loved plants and I grew that love from her. She used to say, ‘he who plants a seed and waits to see, believes in God.’ I’ve always liked to plant things: watermelons, potatoes, greens, … and if for any reason at all we have to survive on the land then we know how to do that.”

For her daughter, Birmingham City Councilor Crystal Smitherman, the judge’s greatest role has always been that of a mother.

“No matter what accomplishment she’s had, she’s always been a mom first,” said Crystal Smitherman. “Cooking breakfast in the morning, showing up for every honor roll ceremony, golf tournament, basketball tournament—it really inspires me to know that you can be a mom and have it all.”

What’s Next

The retired judge first stepped into the Jefferson County Courthouse in 1976 when she was hired as a legal clerk in the Circuit Civil Clerk’s Office. In 1979, she began her legal career as a Deputy District Attorney becoming the first Black woman to serve in this capacity in the history of Jefferson County and remained with the DA’s office until 1987.

In 1991, Republican Governor Guy Hunt appointed Smitherman to the Tenth Judicial Circuit Court Criminal Division Court where she served until 1992 and was the first Black woman to serve as a Circuit Court Judge in Alabama.

In 1997, she began teaching Constitutional Law at Miles Law School and continued for almost 30 years. In 2001, she was elected to the Birmingham City Council for District 6 where she served until 2013, and as President of the Birmingham City Council from November 2005 to November 2009.

In 2012, Carole Smitherman won successful election as a Circuit Judge to the Tenth Judicial Circuit Court, she was re-elected in 2018, and has served continuously, with distinction, until her recent retirement from the bench in January 2025.

Her influence has left a lasting mark on Alabama’s legal and political landscape. For those following in her footsteps, her leadership has been invaluable.

“She is the only female African American to serve in every single area of the branches of government,” Javan Patton Crayton, Civil Circuit Judge for Alabama’s 10th Judicial Circuit, told WBRC Fox 6 “She’s been a part of the judiciary, the legislature, and the executive branch as well. She’s done it all. She created the opportunities for all of us to be who and where we are.”

Looking back on her career, Smitherman said, “I’ve only wanted to help people. When you help people for real you kinda forget about what you do and you go to the next person … It’s been a wonderful journey and I thank the people of Birmingham for always for believing in me and trusting what I had to say as being one of the right things to do.”

As for what’s next, Smitherman said, “I’ll still be practicing law. I’m going to write a book about all of this. I’m going to work in my community because that’s important.”

A LIFE IN FOCUS

Early Years:

Born September 25,1952 in Birmingham, AL to parents Willie & Rochelle Davis.
Adopted and raised by her grandparents Jerry & Thelma Catlin – Thelma Catlin was a professor at Lawson State Community College and Jerry Catlin was a Porter for the Louisville & Nashville (L&N) Railroad.
Growing up, Carole attended Westminster Presbyterian Church where Rev. John Wesley Rice, Condoleezza Rice’s father, served as Pastor.
Graduated from Spelman College in Atlanta, GA in 1973.
Graduated from Miles Law School in 1979 finishing #1 in her law school class and the only women.

Professional Career:

In 1976, Carole first stepped into the Jefferson County Courthouse when she was hired by Polly Conradi as a legal clerk in the Circuit Civil Clerk’s Office.
In 1979, Carole began her legal career as a Deputy District Attorney for Jefferson County District Attorney Earl Morgan becoming the First Woman of Color to serve in this capacity in the history of Jefferson County, and remained with the DA’s office until 1987.
She led the effort to open the very First Victim Assistance Program in the DA’ s office providing additional care and support for victims of crime and their families.
Served as a Birmingham Municipal Judge for seven years and the First Woman to serve on the Birmingham Municipal Court.
In 1991, Republican Governor Guy Hunt appointed Carole to the Tenth Judicial Circuit Court Criminal Division Court where she served until 1992. Carole was the First Woman of Color to serve as a Circuit Court Judge in Alabama.
In 1992, she joined her husband Rodger in private practice forming Smitherman & Smitherman Law Firm.
In 1995, began serving as the City of Irondale Municipal Court Prosecutor for the next two decades.
In 1997, began teaching Constitutional Law at Miles Law School and continued to teach at the law school for almost 30 years.
In 2001, the voters of Birmingham elected Carole to the Birmingham City Council for District 6 where she served until 2013, and as President of the Birmingham City Council from November 2005 to November 2009.
In 2009, Carole Smitherman was sworn in as the 31^st Mayor of the City of Birmingham becoming the First Female to Serve as Mayor of Birmingham and the First Woman of Color to serve as Mayor of Birmingham.
In 2012, Carole Smitherman won successful election as a Circuit Judge to the Tenth Judicial Circuit Court, she was re-elected in 2018, and has served continuously, with distinction, until her recent retirement from the bench in January 2025.

Family:

Carole’s greatest love and proudest accomplishment is her family.
In 1980, she married the love of her life, an intelligent and handsome up and coming fellow attorney, Rodger Mell Smitherman, who was elected in 1994 to the Alabama State Senate representing District 18. Rodger also served as President Pro Tempore of the Alabama Senate.
In 2025, Carole will be celebrating 45 wonderful and happy years of marriage to Alabama State Senator, Attorney and Coach Rodger Smitherman, the man she lovingly describes as “the air beneath my wings”.
Carole is the proud mother of four children: Rodger Mell II, Tonya Renee, Mary Elaine, and Crystal Nicole, and grandmother of six grandchildren: Naomi, Justin, Tony, Leah, Jaden, Noah and one granddog her Yorkie, Charlie.
Some of her fondest memories were as a chaperone on her children’s field trips, she never missed a game, field trip, recital, or school activity.
In 2018, daughter Crystal was appointed to serve as the Birmingham City Councilor for District 6, the same Council District once represented by her mother. Crystal successfully won election in 2019 to a full term and served as President Pro Temp of the Council continuing the Smitherman family legacy of leadership and service in the City of Birmingham.

Impactful Events:

On Sept. 16, 1963, Carole was invited to attend Youth Day at the 16^th Street Baptist Church by her best friend Denise McNair. Carole was unable to attend that day which cost the lives of her friend Denise along with Addie Mae Collins, Cynthis Wesley, and Carole Robertson.
The 16^th Street Baptist Church Bombing in 1963 set Carole on her path to pursue a lifelong interest in the law guided by an unwavering commitment to fairness and justice.
Grew up across the street from childhood friend Condoleezza Rice who went on to become the First Woman to serve as National Security Advisor from 2001-2005 and the First Female African-American U.S. Secretary of State from 2005-2009. Carole and Secretary Rice remain close, personal friends to this day.
Heartbreaking loss of her first-born son Roderick Smitherman at eight months of age.

Professional Organizations and Community Involvement:

Alabama State Bar Association
Alabama Lawyers Association
Alpha Kappa Alpha Sorority
American Bar Association
Birmingham Bar Association serving as Chair of the Birmingham Bar Association Awards Committee and Member of the Entertainment, Law Day and Executive Committees
Birmingham Bar Fellow
Board of Directors, Delta Inc.
Board of Directors, Girls, Inc.
Chair, Jefferson County Judicial Commission
Member, Jefferson County Judicial Commission Judicial Nominating Committee.
Magic City Bar Association
National Bar Association
Board of Directors & Coach, Birmingham Police Athletic Team
Longtime advisor to the “Youth in Government” Club at the former West End High School, the only all African American City Youth team winning several state championships over the years.

A Life of “Firsts”:

Graduated First in her Miles Law School Class
First Female and First Female African American Deputy District Attorney in Jefferson County.
Started the First Victim Assistance Program while serving in the Jefferson County District Attorney’s Office.
The First Woman to serve on the Birmingham Municipal Court Bench.
The First African American Woman to serve as a Circuit Court Judge in Alabama, appointed by a Republican Governor.
First African American Female President of the Birmingham City Council.
First African American Female Mayor of the City of Birmingham

Faith & Principle:

Member of The Rock City Church led by Pastor Michael McClure.
Carole firmly believes that the Lord blessed her with a servant’s heart and that He sent her to serve and that her faith sustains and propels her.
Carole Smitherman opened the door for woman and woman of color to enter the legal profession.
Judge Smitherman Courtroom decorum for practicing attorneys is “Don’t get ready, Stay Ready, Be Prepared when you show up, be cordial and respectful to the opposing counsel, be on time and be humble”.
Although a lifelong dedicated and loyal Democrat, Judge Smitherman treats everyone with respect and has effectively cultivated relationships and the respect and admiration of both Republicans and Democrats in her successful serve to Jefferson County and the state of Alabama.

Accolades:

Awarded the Alabama Bar Association Maude McLure Kelly Award in June 2022.
Inducted into the Magic City Bar Association Hall of Fame in 2024
Inducted into the Birmingham Bar Association Lifetime Achievement Award in 2025.
Jefferson County Commission dedicating a courtroom in her honor in February 2025.

Hobbies and Interests:

Born with a green thumb, Carole loves gardening, she is a lover of art and enjoys painting and creating art, she is a voracious reader, particularly historic non-fiction and romance novels, has a real passion for high school and college sports, loves music and movies of all genres, is proficient on the piano, delights in travel and experiencing new places, and can often be found at parties and receptions with her friends learning the latest line dance.
Source: Jefferson County

This post was originally published on this site