Church of the Apostles
Smith married Mary Kirkland Thomas on February 9, 1991. They have four children: James Emerson III, Thomas Bridges, Paul Bradford, and Shannon Elizabeth. Smith is also a member of Trinity Episcopal Cathedral and Church of the Apostles. On January 2019, Smith started working as the executive director of military strategies and programs for Palmetto College, University of South Carolina's online school program, while continuing as a private legal practicioner.