Howard K. Stern and Dr. Khristine Eroshevich were found guilty of obtaining drugs for the actress/model last year (10), but Los Angeles District Attorney's officials have suggested the two should not be sentenced to jail as Judge Robert Perry weighs up his options.
Judge Perry, who presided over the pair's nine-week trial, has the option to sentence them to up to three years and eight months behind bars at a hearing on Thursday (06Jan11).
Deputy District Attorney Sean Carney has advocated sentencing both Stern and Eroshevich to five years of supervised felony probation and 300 hours each of community service - and fining them $5,000 (£3,330) apiece.
Lawyers for Stern and Eroshevich are seeking a dismissal or a reduction of their clients' convictions to misdemeanours.
Smith died from a drug overdose in 2007.