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Oct. 14, 2026

Smiley's rulings trace limits of law from flagpoles to criminal courts

Justice Charles A. Smiley III has ruled on flag displays, criminal sentencing and probation conditions since joining the 1st District Court of Appeal after 18 years on the Alameda County bench.

Smiley's rulings trace limits of law from flagpoles to criminal courts
Justice Charles A. Smiley III

Arcata voters decided in 2022, by 270 votes, that the city should fly the Earth Flag -- the "Blue Marble" image photographed from Apollo 17 -- above every other flag on city flagpoles, including those of the United States and California.

The city went to court to learn whether it could comply. Justice Charles A. Smiley III of the 1st District Court of Appeal held it could not. State law requires the national flag to occupy the "position of first honor," and the ...

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