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Duane Russell Smith

91-1107 Waikai Street, Ewa Beach, Hawaii 96706


Day Phone: 808-725-5204 Evening/Mobile: 727-946-3613
Work Email: duane.smith@noaa.gov Personal Email: duane.pati@gmail.com
Bar Memberships:

The Florida Bar; the Bar of the United States Court of Appeals for the Armed Forces;
the Bar of the Supreme Court of the United States

EXPERIENCE

NOAA General Counsel Enforcement Section


Honolulu, Hawaii

7/2013 Present
Hours per week: 40+

Enforcement Attorney (GS-15)


Works together with other members of the Enforcement Section to prosecute violations of marine
resource laws enforced by the Secretary of Commerce. Works closely with NOAA OLE, US
Coast Guard, state and territory law enforcement partners, the Department of Justice, and NOAA
program offices to ensure an efficient team-focused approach to law enforcement issues.
Provides guidance on legislative and regulatory issues with enforcement implications. Trains
Coast Guard, state, and NOAA law enforcement personnel. Recognized for superior performance
of duties: Department of Commerce Silver Medal Award for Meritorious Federal Service (2014).
NOAA General Counsel Enforcement Section
St. Petersburg, Florida

7/2008 7/2013
Hours per week: 40+

Enforcement Attorney (GS-14/15)


Worked together with other members of the Enforcement Section to prosecute violations of
marine resource laws enforced by the Secretary of Commerce. Worked closely with NOAA
OLE, US Coast Guard, state law enforcement partners, the Department of Justice, and NOAA
program offices to ensure an efficient team-focused approach to law enforcement issues.
Provided guidance on legislative and regulatory issues with enforcement implications. Trained
Coast Guard, state, and NOAA law enforcement personnel. Recognized for superior
performance of duties: promoted to GS-15 (2011), NOAA General Counsels Award (2011),
DOC General Counsels Distinguished Employee Award (2010), First NOAA General
Counsels Honor Award (2010), NOAA General Counsels Award (2010).
US Coast Guard Maintenance & Logistics Command
Norfolk, Virginia

7/2007 - 6/2008
Hours per week: 40+

Deputy Chief, Legal Division


Managed office of 30 military and civilian attorneys and 11 paralegals/support personnel.
Advised clients on every aspect of USCG activities including enforcement of living marine
resource statutes/regulations; legislative and regulatory issues; coordination with the U.S.
Department of Justice in appropriate cases; training of Coast Guard investigators; as well as
advising clients on laws and regulations governing federal agencies, including the
Administrative Procedure Act, the Privacy Act, the Freedom of Information Act, as well as other
generally applicable federal laws in the areas of finance, employment, claims, and standards of
conduct. Served as Military Judge for courts-martial.
Joint Interagency Task Force South
Key West, Florida

6/2005 - 7/2007
Hours per week: 40+

Principal Legal Advisor


Principal Legal Advisor to the nation's premier counter-narcotics command. Coordinated actions
with USCG, ICE, CBP, DEA, FBI, Department of State, Department of Defense, and multinational partners engaged in counter-narcotics mission in the international arena. Provided
prosecution support and coordinated efforts between the command and US Attorney's offices for

Puerto Rico and the Middle and Southern Districts of Florida. Provided expert international law
of the sea advice which resulted in over 500 metric tons of cocaine seized. Expert and timely
advice instrumental to the successful seizure of 17+ metric tons from MV Gatun -the world's
largest maritime cocaine seizure. Served as Military Judge for courts-martial.
US Coast Guard Headquarters
Washington, D.C.

7/2003 - 6/2005
Hours per week: 40+

Deputy Office Chief, Military Justice.


Senior government appellate counsel and coordinator for U.S. Coast Guard Board for Correction
of Military Records (BCMR). Member of Joint Service Code Committee. Prepared briefs and
delivered oral arguments before the Court of Appeals for the Armed Forces and the Coast Guard
Court of Criminal Appeals; kept convictions intact and criminals behind bars. Provided
prosecution advice to Coast Guard judge advocates prosecuting violations of federal criminal
law in military courts. Prepared over 200 advisory opinions setting forth the Coast Guard's
position in cases pending before the BCMR; recommendations adopted in nearly all cases. Made
recommendations to the President and Congress regarding changes to the Unifrom Code of
Military Justice (UCMJ) and implementing Executive Orders; significantly modernized sexual
assault offenses under the UCMJ.
US Coast Guard Headquarters
Washington, D.C.

10/2001 - 7/2003
Hours per week: 40+

Senior Military Attorney, Claims & Litigation


Provided litigation support to U.S. Department of Justice in cases involving the Coast Guard
including preparing briefs, memos, and litigation reports. Cases involved tort law as well as cases
arising under the Administrative Procedures Act and the Coast Guard's civil penalty and merchant
mariner licensing regimes. Convinced appellate division of the Department of Justice to take on
case in which the National Transportation Safety Board (NTSB) overturned the Coast Guards
decision to suspend a merchant mariner's license. The case established the precedent that the
Coast Guard could appeal such a ruling and ultimately resulted in the Circuit Court remanding the
case to the NTSB and instructing the NTSB on the proper deference owed the Coast Guard in
interpreting its own regulations.
U.S. Coast Guard Headquarters
Washington, D.C.

7/2001 - 10/2001
Hours per week: 40+

Staff Attorney, Maritime & International law


Provided real time operational law advice to policy makers at Coast Guard headquarters.
Drafted/reviewed international agreements dealing with at-sea law enforcement. Assisted with a
major redraft of the Coast Guard's Maritime Law Enforcement Manual - including the sections
dealing with laws designed to protect the nation's living marine resources. In response to the
terrorist attacks of 9/11, selected to represent the Department of Transportation at a classified
watch location responsible for providing continuity of operations and government.
Marshall-Wythe School of Law College of William & Mary
Williamsburg, Virginia

8/1999 - 5/2001
Hours per week: 10+

Adjunct Professor -Legal Skills Program


Senior Partner for simulated law firm with 1L and 2L associates. Taught legal research, client
interaction, courtroom presentation, appellate advocacy, and legal ethics in a nationallyrecognized 2-year program.

US Coast Guard Maintenance and Logistics Command


Norfolk, Virginia

8/l997 - 7/2001
Hours per week: 40+

Branch Chief/Staff Attorney


Chief of Claims and Litigation Branch responsible for administrative adjudication of claims for
and against the Coast Guard originating from operations of all Coast Guard units stationed east of
the Rocky Mountains. Claims statutes included the Suits in Admiralty Act, Suits in Admiralty
Extension Act, Public Vessels Act, Federal Tort Claims Act, Military Claims Act, Military
Personnel and Civilian Employee Claims Act, and Foreign Claims Act, among others. As chief,
instituted procedural changes that reduced processing time and resulted in faster payment of
meritorious claims. Aggressive pursuit of affirmative claims on behalf of the Coast Guard
resulted in increased recovery and direct benefit to both federal treasury and Coast Guard units.
Advised Coast Guard investigators enforcing federal laws including environmental and fisheries
laws. Prosecuted over 40 federal criminal cases in courts-martial including several high visibility
and complicated embezzlement and larceny cases as well as a murder for hire case referred to the
Navy for prosecution by the FBI.
US Coast Guard Maritime Law Enforcement School
Yorktown, Virginia

8/l995 - 8/1997
Hours per week: 40+

Legal Advisor
Trained over 1000 Coast Guard boarding officers/investigators on all aspects of their job
including international law of the sea, domestic criminal laws and implementing regulations,
administrative civil penalty processes, use of force policy, defensive tactics, shoot/don't shoot
decision making, case package preparation, and testimony given in court/administrative
proceedings. Advised staff of professional instructors on legislative changes and new case law
relevant to the enforcement of federal law at sea. First attorney to ever qualify as an instructor, as
a defensive-tactics trainer, and as a role player.
EDUCATION

Marshall-Wythe School of Law


College of William & Mary
Williamsburg, Virginia

Juris Doctor (1995)


GPA: 3.7/4.0
Graduated 3/162

Honors and Awards: Order of the Coif Legal Honor Society, Law Review, Moot Court, 4th
Best Oral Argument -Jessup International Law Moot Court Competition , Academic Scholarship ,
Book Award -Family Law, Honors -Legal Skills I & II, Selected as Teacher's Assistant Nationally recognized Legal Skills program

S.U.N.Y. Maritime College


Fort Schuyler
Bronx, New York

Bachelor of Science (1986)


(Maritime Business & Commerce)
GPA: 3.8/4.0
Graduated 2/204

Honors, Awards, and Certifications: Propeller Club of New York Scholarship, Third Mates
License, Unlimited Tonnage - All Oceans, Merchant Seaman's Card, Lifeboat Certificate, Radar
Endorsement.