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  • Kirby H. Smith, III Attorney
  • 252 636-3737 phone

  • 252-637-959 fax

Kirby graduated from New Bern High School in 1983 and entered the University of North Carolina at Chapel Hill at the age of 17. Kirby graduated with a degree in Business Administration at the age of 21 and took a job at Wheat First Securities, where he promptly earned his license as a Stock Broker. Unfortunately, the stock market crash in 1987 forced Kirby to reconsider his career path.
Kirby enrolled in the School of Law at Wake Forest University in 1989. As a law student, Kirby excelled in trial practice and joined the Student Trial Bar. This led Kirby to become an intern for Chief Justice James Exum on the North Carolina Supreme Court in 1991.
After graduating from Wake Forest University in 1992, Kirby wanted to become a trial attorney. As a result, Kirby became an Assistant District Attorney in Rocky Mount, North Carolina. As an Assistant District Attorney, Kirby prosecuted all types of crimes, including capital murder, rape, drug, and burglary cases.
In 1995, Kirby decided to return home to New Bern, where he has been both a Criminal Defense Attorney and District Court Judge. However, Kirby is best known as an accomplished Appellate Attorney, having represented over 150 people on appeal before the North Carolina Court of Appeals and/or the North Carolina Supreme Court. Kirby has been counsel in several landmark appellate cases before the North Carolina Supreme, including:
  • Ambrose v. Ambrose – 140 N.C.App. 545 (2000)
  • State v. Ernest G. Hargett – 356 N.C. 423 (2002)
  • State v. Michael Keith Holden – 359 N.C. 60 (2004)
  • State v. Joshua Smith – 362 N.C. 583 (2008)
  • Dunn v. Covington – 272 N.C.App. 252 (2020)
  • State v. Michael Steven Elder – 382 N.C. 578 (2022)

Kirby has prosecuted, defended and/or heard every type of criminal case in North Carolina. If you are being prosecuted for a crime, no one has more experience than Kirby.
Kirby is active in the community having served as a Guardian Ad Litem/Attorney Advocate representing abused and neglected children in our courts. He has also served on the board for the Craven County Mediation Center. In addition, Kirby has served on the board for Religious Community Services for two (2) terms and as its Chairman for two (2) years. Likewise, Kirby has also served on the Craven County Department of Social Services Board for two (2) terms and as its Chairman for two (2) years. Finally, Kirby is a member of Christ Church in New Bern, where he has served on its board for three (3) terms and once as its Treasurer.
Kirby is married to his wife of 25 years, Laura. Together they have two children – Kirby and Hutch. As a family, they join boating on the coast and hiking in the mountains.