Monday, October 25, 2010

As you live your life, let it be a dance - by Judge Jim Gray

As I turned "Medicare eligible" this year, I have been reflecting more and more about the time I have left on this planet. Maybe we all should — no matter how old we are. So I thought I would share some of my reflections with you. I know as you read these lines that you might think of me like Polonius, the father from Shakespeare's Hamlet who was sometimes seen as pushy with his advice ("This above all: to thine own self be true…"), but if these thoughts stimulate even just a few of you or, better yet, your children, then that is a risk I accept.

My first focus is upon some of Rick Warren's observations in "The Purpose Driven Life" about Proverbs 4:23, when he says, "Be careful how you think, (because) your life is shaped by your thoughts," and that "Change always starts first in your mind."

In so many ways, we are the captains of our own ships, and we can shape our attitudes, spirits, and thoughts to live whatever life we seek.

So what is the life we seek? Obviously that is a multifaceted question. But boiled down to its essence, all of the world's great religions express it in a similar fashion, and that is to be of service to others. For example, Jesus said: "If you love me, feed my sheep" (John 21: 15-17).

Similarly, the Dalai Lama said, "If you want others to be happy, practice compassion; and if you want yourself to be happy, practice compassion."

There are many more examples, and if you want it presented better than I possibly could, read Henry Miller's short parable "The Smile at the Foot of the Ladder." Nevertheless, particularly with our lifestyles here in Southern California where the concept of "my yacht is bigger than your yacht" can often lure us toward a false god, it is helpful to be reminded to "keep our eyes on the real prize" of life, which is being of service to others. That is where the real gratification on this Earth lies, and we can achieve it in every part of our lives, be it at home, work, or during our leisure time. Of course we can't bring peace and compassion to the whole world, but we can help to bring them to our little corner of it.

Among the saddest things in life are, first, for a person to look back over his life when he is about to lose it and conclude that he never really lived it, and second, for a person to lose a family member without ever really having told the deceased family member that he loved him. Take positive steps to keep those tragedies from happening to you!

Along similar lines, make an effort to record your elders' stories on an audiocassette or videotape. Forget taking pictures of your vacations if you must, but be sure to capture your parents and the people of their generation telling the stories of their youth and the rest of their lives, and also capture their interactions with you, your children, and friends. This will be a priceless treasure both for you and your descendents.

And maybe you will want to do what my father did by taking those boxes of old photographs and letters that we all have and making a family heritage scrapbook of them. Most of the time, once the elder generation is gone, those pictures and letters have no meaning because we don't know the identity and stories behind them. But if they are labeled and we are told who those ancestors are and where they fit into to our history, you will be creating another priceless and lasting family treasure.

Furthermore, as your parents retire and grow older, encourage them to delve into painting, gardening, writing, baking, or some other hobby. Keep trying to find the right fit until you see their eyes light up at one of the prospects. Then every time you see or speak to them, inquire about how they are progressing, and then be sure to enjoy it with them. And then try the same approach with your spouse, your children, and even yourself. Imagine the excitement in probing into things like the worlds of geology, hummingbirds, oceanography, astronomy, other people's cultures, the life of Caesar Augustus, or whatever lights up your eyes. Like Rick Warren said, "It's never too late to start growing."

And along the way, never accept mediocrity in yourself, your children, your employees, or anyone else whom you can affect. Aristotle said that excellence is not an act, but a habit. So develop the reputation that if you are going to do any task, people can be assured that it will be done well — every time — and help your children to do the same.

I have been blessed to have the opportunity for the past three years to share my various thoughts with you in this column, and I thank the editors of The Daily Pilot for the opportunity. I originally promised the editors that I would contribute these columns for a year, but it became such a gratifying outlet for me, I simply could not stop. And I also genuinely appreciate all the emails and other responses I have received from you as the readers — both when you agree and when you disagree with me. Please keep those responses coming.

Finally I want to share part of my all-time favorite poem with you, with the hope it will have the same stimulating effect upon your lives as it has with mine. It was written by Ric Masten, is titled "Let It Be A Dance," and is shortened to read as follows:

"Let it be a dance we do.

May I have this dance with you?

Through the good times

And the bad times too,

Let it be a dance.

A child is born, the old must die,

A time for joy, a time to cry.

Take it as it passes by,

And let it be a dance.

The morning star comes out at night,

Without the dark there is no light.

But if nothing's wrong, then nothing's right.

So let it be a dance.

Let the sun shine, let it rain,

Share the laughter, bare the pain.

And round and round we go again,

So let it be a dance."

JAMES P. GRAY is a retired judge of the Orange County Superior Court, the composer of the high school musical revue "Americans All" (Heuer Publishing), and can be contacted atJimPGray@sbcglobal.net, or through his website at http://www.JudgeJimGray.com.

Friday, October 15, 2010

On becoming a peacemaker - by Judge Jim Gray

One of the most gratifying things I did as a judge on the trial court in Orange County was helping people voluntarily resolve their disputes. Over the years I developed some insights into what helps increase the chances of a resolution, and what pushes people further apart. So since there are opportunities in everyone's life to help to resolve disputes, whether they are their own or those of others, I wanted to pass along to you some suggestions — and maybe in turn you can pass them along to your children.

The first thing to be aware of in trying to resolve disputes is not to promise more than you can deliver. If anything you do gets people's expectations to be unrealistically high, you will probably torpedo your chances of achieving a resolution even before you even get started. So always stay cautiously optimistic, but also stay realistic.

In addition, when you are involved in discussions in the presence of the opposing parties, never allow anyone to use what I call "poisonous words." These are words like "liar," "cheat," or "scumbag," and their use will almost always move people further from a resolution.

Similarly, as a mediator you should stress that only one person can get mad at a time during the talks. (And, of course, you can never be the one!) And if one side does get upset, allow that person to "vent" for a short while, but then make a comment like, "I understand how you feel (which will ratify but not necessarily agree with their emotions), but may we now get back to trying to alleviate the source of your frustration and resolve this dispute in a fair manner?"

And don't underestimate the power of an honest apology. Several years ago an insurance company that provided medical malpractice insurance to doctors actually encouraged their insured doctors to apologize to their patients when the outcome of a medical procedure was disappointing. That does not always mean that the doctors were admitting that they made a mistake, but if the apology for the bad result is genuine, many people will understand that their doctors did not go to medical school to hurt people, and also that they are human. Thus many people will be forgiving, accept the apology, and simply go on with their lives. Of course, this approach can apply to all kinds of disputes.

Another important thing to determine is whether this dispute is being addressed as a business decision, or one based upon emotion. If some parties would "rue the day" that they ever settled the dispute because they want to see their counsel cross-examine that jerk on the other side, or they want to be able to "tell the world" about how they have been wronged, they should go to trial. But if the dispute involves a business decision, then I can help them in a resolution.

But having said that, often just giving people the opportunity to tell their story to a neutral party, whether it is a judge or any other neutral person, can be sufficient to allow them to move on to making it a business decision. Why? Because those people will now feel that they have had "their day in court." So often mediators are in the psychotherapy or even hand-holding business. Don't shy away from it, because you will be fulfilling an important human function.

Sometimes you will be faced with what I call political decisions. For example, if the people who are the decision-makers for one side of the dispute are also the ones who made the mistake that gave rise to the dispute in the first place, those people will often hesitate to offer a settlement because then it will then look like they are acknowledging their mistake. So you as the mediator must frame the matter to look like any reasonable person under the same circumstances would have done the same thing. In that way the decision-makers will be free to provide redress without looking like they were careless, or worse.

Often mediating disputes calls for creativity both from the parties and the mediator. For example, when two people or companies that have done business with each other for awhile have a dispute, often it can be resolved by forming an agreement between them for future business at more favorable rates for the aggrieved party. That in effect will result in a victory for both sides, because not only will the business relationship be continued, but over time it will probably be strengthened, and at the same time the aggrieved party will receive some redress.

Creativity in disputes involving the "loss of face" can often be resolved by having the party who made the mistake or failed to perform make a contribution to the charity of the aggrieved party's choice. That way both sides will be seen as being caring and responsible citizens, and the dispute will also be resolved.

Of course, if you are looking for solutions to problems, you should become a mathematician. Why is that? Because almost all human disputes only have resolutions. For example, if someone ran a red light and hit your car, breaking your arm, nothing can be done to keep that injury from having occurred. Thus there is no solution to the problem, only a resolution, which frequently results in the culpable party paying money to the aggrieved one.

So at the outset of your mediations, make sure the aggrieved parties understand that all you can do is resolve the dispute by picking them up, dusting them off, and helping them to get on with their lives. That will help them to look at the situation much more realistically.

As you probably know, helping to resolve disputes is a truly gratifying thing to do, but it takes work and some insights into human nature to do it effectively. I hope that some of these tips will help you in your future efforts.

JAMES P. GRAY is a retired judge of the Orange County Superior Court, the author of "Wearing the Robe: the Art and Responsibility of Judging in Today's Courts" (Square One Publishers, 2010), Why Our Drug Laws Have Failed and What We Can Do About It, A Voter's Handbook, Effective Solutions To America's Problems and can be reached at jimpgray@sbcglobal.net or http://www.judgejimgray.com. Judge Jim Gray is also currently offering his 25 years of experience on the bench to ADR Services in Orange County for Arbitration and Mediation services.

Sunday, October 3, 2010

Let's make pot boring - by Judge Jim Gray

It is time for us to be realistic and manage the trade and usage of marijuana instead of simply moralizing about it. The honest facts are that today marijuana is the largest cash crop in California (No. 2 is grapes); with illegal dealers there are no controls whatsoever on quality, quantity, age restrictions, price or place of sale; and most of the big money goes to groups like the Mexican drug cartels, juvenile gangs and other thugs, and they don't pay taxes on any of it.

It is also a fact that the voters are ahead of the politicians on these issues. Yes, most of the vocal politicians and current law enforcement officials have taken a position against Proposition 19, but many retired law enforcement officials, who are much less subject to political considerations, are speaking out in its support.

For example, I belong to Law Enforcement Against Prohibition (http://www.CopsSayLegalizeDrugs.com). My fellow members are people like former Los Angeles Police Department Chief Deputy Steve Downing, former San Jose Police Chief Joe McNamara, former Seattle Police Chief Norm Stamper, and thousands of other former narcotics officers, prison guards, prosecutors and others, all of whom are stating the obvious that our nation's policy of marijuana prohibition is not working.

Holland's and Portugal's experience will shed light on what will happen when Proposition 19 passes. Holland decriminalized marijuana possession and use for those 16 and older in the early 1970s, and several years ago, the minister of health was quoted as saying that they have only half the marijuana usage, per capita, as we do in our country — both for adults and teenagers! "We have succeeded in making pot boring," he said.

Of course, our country glamorizes marijuana by making it illegal, and also by having such obscene profit motives in getting others to sell it to you, your neighbors and your children. And you will also note that today young adults are not selling Jim Beam bourbon or Marlboro cigarettes to each other on their high school campuses. But they are selling marijuana to each other all the time.

Proposition 19 will reduce those problems, just like it did in Portugal when they decriminalized all drugs in 2001. What were the results? The CATO Institute found that even though the drugs were legal in Portugal, usage of them did not increase. In fact it actually went down about half a percentage point. And problem drug usage was reduced by half! Why? The problem users were no longer afraid of their own government because now if they came forward, they would receive drug treatment instead of being punished.

Those findings make the alarmists in our country who say we would become a "nation of marijuana zombies" look pretty silly. In fact just ask yourself, if Proposition 19 were to pass, would you use marijuana? From my standpoint, you could give it away on street corners and bless it by every religious leader in town, and I am still not going to use marijuana (unless my medical doctor recommends it to me for some illness or disease). And most everyone else feels the same way. In fact as a practical matter, anyone who would use marijuana if Proposition 19 were to pass is probably using it already!

What do the other opponents of Proposition 19 say? Some say that we would still have an illicit market for selling marijuana to young adults if Proposition 19 were to pass, and that would be true. But when alcohol prohibition was repealed, it was no longer moonshine alcohol that was being sold to minors by people like Al Capone, it was alcohol that was mostly bought legally and then illegally transferred. The same would be true with marijuana. So that would still undercut the illegal dealers.

There are basically three other groups of opponents. The first is people who say that the cities would not be able to handle the administrative responsibilities of setting up programs for the sale of marijuana, the second is some employers who are concerned that marijuana users would be able to run rampant over the workplace, and the third is some of those who make money at medical marijuana dispensaries.

Regarding the cities not being able to set up their own systems, that really is a non-issue — they do it all of the time. And besides, one of the beauties of Proposition 19 is that it will still be illegal to sell marijuana within a city's borders (except under Proposition 215 for medical marijuana) unless that particular city expressly opts into the program. In reality what will happen is that the cities will learn from each other. So if one city tries something that is successful, others will tend to use that system, and the opposite is also true.

As to the workplace issues, Proposition 19 expressly states that it would not affect any of the current regulations of the workplace. Employers still can require drug testing as a condition of being hired, and still, just like alcohol, can test employees if they have some cause to believe the employees are impaired in the workplace.

Finally, it is true that people supplying marijuana within Proposition 19 will probably be more organized. That will very likely reduce the price of the marijuana, even after the payment of applicable taxes, which will, in turn, take the market away from both illegal sellers and also some of the medical marijuana dispensaries. That is an understandable reason for people presently operating dispensaries, but it is not a reason for the rest of us to oppose Proposition 19.

On Nov. 2 you can help us repeal the failed policy of marijuana prohibition, and bring our state's largest cash crop back under the law. This is probably one of the most important elections of my lifetime, and I hope you will further look into and support Proposition 19.

JAMES P. GRAY is a retired judge of the Orange County Superior Court, the author of "Why Our Drug Laws Have Failed" (Temple University Press), and can be contacted at JimPGray@sbcglobal.net or http://www.JudgeJimGray.com.

Tuesday, September 21, 2010

Braving heart problems together - by Judge Jim Gray

The Braveheart Project was started in Scotland during the middle 1990s by a group of coronary heart disease health-care professionals who were concerned that their patients were losing valuable information as they were being referred from one expert in the field to another. Once they focused upon their patients' situation, the reason was quite plain: Their patients were not experts in the field, were in a foreign and stressful environment, and were almost always scared. So all of these conditions tended to result in a lack of attention and loss of memory.

To counteract this problem, these caring professionals formed a mentoring program led by non-professional, volunteer lay people, and preferably ones who had a history of coronary heart disease. Then they set up group sessions with the current coronary patients in non-clinical environments, with the added provision that health professionals would never be invited. The purpose was to see if this approach would result in the valuable information being better retained, and more motivation being generated for the patients to take control and do what was needed to improve their overall quality of life.

Two pilot programs were set up, each with a fully-trained but non-professional health mentor, and 10 to 12 cardiac patients were referred to each program. The groups determined their own agenda and met for two-hour sessions, three times per week, in non-clinical locations like community halls or schools. But the core of each program included a discussion about the basic nature of coronary disease, various risk factors, and the importance of medications, exercise and diet. Each program also drew up a code of conduct that would govern each person's behavior during the meetings.

The results of each of these two programs were dramatic. Almost without exception, each patient became part of a support group for every other patient, and each also tried to live up to the positive expectations of the group. Thus each patient became much more motivated to learn about the disease and possible remedies, and many were amazed to learn first hand how much personal control they actually had over their own situation.

Specifically the two programs resulted in significant improvements in exercise scores, such that the average time spent walking per week was increased by a full 72 minutes. There was also an increase in adherence to medication regimens, a slight but important reduction in the intake of saturated and other fat, and reduced necessities to return to doctors, clinics and hospitals.

This approach can be extended to almost anything in life. For example, a similar study found that encouraging nursing home residents without dementia faithfully to share mealtimes with each other resulted in a noticeable increase of motivation, quality of life, physical performance and healthful body weight.

None of this should be surprising, because inherently we are all social animals, and are better adjusted and happier when we can share our challenges and feelings with our fellow human beings. Thus any time people with mutual problems or challenges can be grouped together, and the leaders or mentors can focus upon ownership of and responsibility for whatever their problems may be, good things are likely to happen. Of course, this is the principle behind groups like Alcoholics Anonymous, drug treatment programs and other group therapy, and even support groups for people recently released from prison.

In fact, speaking of prisons, when I was in my first year of law school at USC, our contracts professor formed us into study groups, and required us to discuss the cases and respond to different problems as a group. This approach was so successful that four of us grouped together when we studied for the bar examination after graduation.

Similar approaches have increased success in running, weight lifting and other exercise programs. Why are they almost unfailingly successful? Because there is a natural human inclination to please or at least not to disappoint one's partners, and that results in more motivation and successful compliance.

To take this one step farther, when I was growing up, my family had the tradition of eating meals together — with the television turned off! Looking back, this tradition tangibly fostered a much greater interest in each other's activities and feelings, a better and more loving and lasting relationship among us, and also more of a motivation generally to succeed. Many families do not seem to follow that tradition today, and that is unfortunate. In fact, if this column encourages even one family to spend their meals quietly discussing the events of the day with each other and sharing their feelings, I will consider it to be a success.

The same thing is true about friends meeting together on a regular basis to share their feelings and problems, and just "be" together. It almost always is great therapy. Women are typically better at this than men, but as women have increased their involvement in the workplace, even many of them have regressed.

So take a lesson from the Braveheart Project, and take time regularly to gather your family and friends together, or any people who face the same problems and challenges that you do, and learn from and support them as we all face and take ownership of whatever life has thrown our way. This will help all of us better to meet and resolve our challenges in life, and to reap the benefits — not to mention fun — of what some good camaraderie and human sharing can provide.

JAMES P. GRAY is a retired judge of the Orange County Superior Court, the author of "A Voter's Handbook: Effective Solutions to America's Problems" (The Forum Press, 2010), and can be contacted at JimPGray@sbcglobal.net or http://www.JudgeJimGray.com.

Monday, September 13, 2010

Promote our heritage - By Judge Jim Gray

My column on July 5, 2009, cited the Heritage Museum of Orange County as being a gem, but one that needed more attention and polishing. Since then, I have accepted a position on its board of directors and have been rolling up my sleeves with polishing rags in hand. It is the purpose of this column to encourage you to join us in that effort.

According to its mission statement, the Heritage Museum is a cultural and natural history center dedicated to preserving, promoting, and restoring the heritage of Orange County and the surrounding region through quality hands-on educational programs for students and visitors of all ages.

And that is what we do.

Our primary function is to educate elementary school children about what life was like in Orange County in the 1890s and early 1900s, and every year about 20,000 children are bused to the museum to spend about four hours with us. During that time, they go on a tour of our Kellogg House, which was built in Santa Ana in 1898, and are shown how to make butter and quilts, and wash clothes with a washboard, observe the setting of a formal dinner table, learn proper table etiquette while eating, play with some of the children's toys of that era and dress up in period clothing.

In the Gold Rush program, students are also taken on a "trip" from Independence, Mo., to the gold fields of California. But before they leave they have to plan for the trip and buy the essentials they will need. Their journey ends at our stream where they explore our gold mine, pan for gold and are taught to yell, "Eureka!" when they find their own gold nugget.

Since this is a "hands-on" museum, the children are also able to touch and use our pump organ and native "artifacts," participate in a traditional "round" dance and make a ceremonial rattle to take home. They also see our working blacksmith shop and are sometimes given some of its creations, like a nail or a block of wood with a "brand" on it.

But we have so much more potential, because the museum sits on an 11-acre site and only about a third of the property is really being used. So at 5:15 p.m. Wednesday, we will have a meeting at the museum for people who might be interested to help us develop the museum's potential. At that time we will walk the grounds, discuss some of the possibilities and form subcommittees for about 12 varied, interesting and challenging projects.

For example, only the inside of one of our two Victorian houses, the Kellogg House, has been restored. The Maag House, which was built in 1899, has not yet been restored, and one of our subcommittees will be dedicated to that project. We already have interest from Taller San Jose in helping in this project. This fine Orange County organization teaches at-risk young adults the trade of carpentry, and they can use our Maag House restoration project as an opportunity to teach students their new craft.

Another subcommittee will look into the possibility of digging a water well on our site. For the last two months it cost us $1,700 just to irrigate the orange trees and other plants on the premises, and we can help our financial situation significantly by reducing that bill. But even more importantly, we have the only two remaining "wetlands" in Santa Ana, and we plan to clean out all non-native plants, and use our new well to pump water into them, after which they will be re-stocked with frogs and native fish. These ponds were also once used by large numbers of migrating birds, and we believe they will be again.

The museum also has plans to install a formal garden of native water-wise plants. Normally whenever people think of water-wise plants they think of cactus and succulents, but many other more formal plants also use reduced amounts of water. So one of our subcommittees will take on the planting of such a garden, and educating the local community about how this can be done.

As stated above, our blacksmith shop is operational and it produces lots of useful tools and other implements. But the doorway to it only provides limited visibility for the school children to observe the smithies in operation. The subcommittee to expand the blacksmith shop will enlarge the viewing area to fix that problem.

As far as we know, at present, there are no farmers markets in Santa Ana. So one of our subcommittees will explore the possibility of setting one up every week on our property. (Parking is not a problem!) As you know, farmers markets spread lots of good things around the community in addition to natural and healthier foods at a lower cost, and this is what we want to bring to the people in and near the Santa Ana area.

And talk about history? One of our projects is to develop a quarterly speakers series for people who have roots in Orange County who will reminisce about what has happened here over the last century. Where better can this happen than at the Heritage Museum?

The possibilities are almost endless. We have a natural setting for an amphitheater that could seat 500 or more people and could be used for scouting or other community events. We also have hives of honey bees, but need a subcommittee to help us to develop and increase the potential of Heritage Museum honey and community education about bees. We even have room for three additional Victorian houses!

The Heritage Museum is in the process of developing a master plan, but we need your energy and guidance to help us create a broader and more lasting legend! So join us at the museum and bring a friend with you who might also be interested. It's not required, but I would appreciate your sending me an e-mail in advance so we can prepare a nametag for everyone. The address is 3101 W. Harvard St., Santa Ana, and our website is http://www.heritagemuseumoc.org.

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And by the way, put on your calendar that we will be having a Family Festival of Bluegrass and Americana Music at the Heritage Museum from 1 to 7:30 p.m. May 22, 2011. Like everything else connected with the Heritage Museum, it will be sensational!

And if you get the chance, tune in at noon or 7:45 p.m. Sunday to C-SPAN's Book TV show to see the book signing discussion about my new book "A Voter's Handbook: Effective Solutions to America's Problems" (The Forum Press, 2010), or you could record the show when it is rebroadcast at 3:45 a.m. Monday.

JAMES P. GRAY is a retired judge of the Orange County Superior Court, the composer of the high school musical revue "Americans All" (Heuer Publishing), and can be contacted at JimPGray@sbcglobal.net or through his website at http://www.JudgeJimGray.com.

Wednesday, September 8, 2010

Government needs to step out of center debate - by Judge Jim Gray

So should the Muslim community be "allowed" to build a mosque or religious center two blocks away from the former World Trade Center site? Actually President Obama gave us the answer. Numbers of times in these pages I have been critical about some of Obama's comments and policies, mostly dealing with economic issues, but this time he got it exactly right!

Obama said that the government should not interfere in this decision because it is a question of religious freedom. But he also said that, under the circumstances, building a mosque or religious center in that place would be insensitive, and the Muslim community should show the grace to decide to put it somewhere else. This may be a subtle distinction, but it is a critically important one.

First of all, this issue presents a wonderful teaching opportunity to show the world that we really do have religious freedom in the United States — and make no mistake, the world is watching! Because the Muslims own the land and the zoning is in their favor, they have the clear legal and constitutional right to build the center on this site, and that should end the government's involvement. The idea of "I support religious freedom, but not in my back yard" is not what the Bill of Rights stands for.

But secondly, and even more importantly, if we persist in looking to the government every time decisions like this have to be made, we will lose the ability to deal with each other as people. For example, years ago when I moved into a new house in San Clemente, the homeowner's association was contemplating installing a system of fines for virtually every activity one could imagine. So if people left their trash cans on the street for too many hours after the trash was collected, they would receive a fine. Or if your neighbors mowed their lawns on a Sunday morning, you could call the "association police" and have a fine assessed. I attended a meeting and recommended that the whole system be scrapped.

Instead I suggested that if your neighbors were playing their music too loud, etc., simply go across the street, introduce yourself (if you have to) and politely ask them to turn the volume down. That would give everyone the opportunity to act in a "neighborly" fashion, which is what most of us would do if given the chance. Those in attendance agreed with that approach, and voted down the program. (And then they proceeded to draft me to be a member of the board of directors.)

It is the same thing with the question of the Muslim center. Having the government step in puts the Muslim community immediately on the defensive and deprives it of the opportunity to choose to be sensitive. Instead the situation evolves into a legal or political event, where if the Muslim leaders graciously decided to build the center somewhere else, it will look like they are capitulating or "giving in." As a result, they are almost forced into taking a more hard line position. In addition, if they do decide to build the center there anyway, that might also reduce the chances that they would, as a compromise measure and gesture of good will, include a memorial to all of the people on the ground who lost their lives.

As another case in point, remember when the Catholic Church decided to remove a 26-foot cross erected at a Carmelite convent within view of the Auschwitz-Birkenau extermination site in Poland, and also move the nuns to a different location? This was done without governmental fiat, but instead as a gracious accommodation to Jewish sensibilities not to have a cross easily visible from the site of this tragedy for the Jewish people (and tens of thousands of non-Jews). The Polish government not being involved gave the Catholic Church this opportunity to be gracious, and our government not being involved in this matter in Lower Manhattan will give the Muslim community the same opportunity.

Furthermore, even aside from the critically important constitutional protections of religious freedoms, how could a government possibly draft regulations or laws dealing with situations like this? The practical problems are significant. For example, just what constitutes "hallowed" ground? Yes, the destruction of the World Trade Center was a catastrophe, but how big a catastrophe must there be? What about the site where United Airlines Flight 93 crashed into the ground near Stonycreek Township in Pennsylvania, despite the heroic attempt of passengers and crew to thwart the terrorists' further plans? Why not include the sites of other airplane crashes where large numbers of people have died? Or how about the site of the federal building in Oklahoma City that was destroyed with much loss of life by Timothy McVeigh? All of the loved ones of those who lost their lives grieved just as much!

Or, for that matter, why should hallowed ground only come from catastrophes? What about other hallowed grounds, like Gettysburg, Cape Canaveral, Yellowstone National Park, or even Woodstock in Bethel, N.Y., or Fenway Park in Boston? Who gets to decide? And how far away should these edicts be enforced? Two blocks? Three? Ten miles? Only where visible? (That would exclude this proposed Muslim center.) And should the laws just apply to Muslim religious centers? How about Christian centers, or those of the YMCA? These are almost impossible situations for laws to cover — or to enforce — and trying to draft or implement them will only result in additional and almost irresolvable emotional confrontations.

Finally, and just as importantly, in many regards what we are seeing with this issue are many radical people with an agenda using it as a political opportunity for their own purposes. They include some Christians and others fanning the flames of Islamophobia, and some Muslims and others using the opportunity to show their paranoia. Let's try to take away these types of opportunities by using our efforts to tone down all of the rhetoric.

The first place to start in this and so many other situations is to get the government out of the equation. This will foster a situation that will more greatly promote people treating each other in a humanitarian manner, and also get us further away from being outcome oriented and instead back to understandable process and principles.

JAMES P. GRAY is a retired judge of the Orange County Superior Court, the author of "Wearing the Robe: the Art and Responsibility of Judging in Today's Courts" (Square One Publishers, 2010), Why Our Drug Laws Have Failed and What We Can Do About It, A Voter's Handbook, Effective Solutions To America's Problems and can be reached at jimpgray@sbcglobal.net or http://www.judgejimgray.com. Judge Jim Gray is also currently offering his 25 years of experience on the bench to ADR Services in Orange County for Arbitration and Mediation services.

Wednesday, September 1, 2010

Geothermal hot in sustainable world - by Judge Jim Gray

Much of Iceland sits on active volcanic zones. In fact, that is why the country is known as the land of fire and ice. In those volcanic areas, when ground water flows down into the cracks of the Earth's surface and encounters hot or molten rock, it either turns into hot water that can be harvested to heat buildings, or steam that can be used to generate electricity in a fairly cheap and clean manner. This is so successful that Icelanders consider geothermal energy and fish to be their two largest natural resources.

From what we can gather, California's Paleo-Indians were using the steam and hot water of the geysers in the Mayacamas Mountains in Sonoma County more than 10,000 years ago to keep warm, and geothermal pools have been a part of Icelandic culture from the time of their first settlers.

The first prototype of a geothermal power plant was built in Tuscany, Italy, in 1905, and that plant went into full production in 1911. Tuscany's facility continued to be the only geothermal power plant in the world until New Zealand built another one in 1958. Since that time, geothermal plants were brought on line in Mexico in 1959, the United States in 1960, Japan in 1966, Siberia in 1967, and Iceland in 1969.

Now many other countries have built their own plants as well, including El Salvador, China, Tunisia, Indonesia and Kenya. All of this has resulted in a 20% increase of global geothermal power in just the last five years, and it now accounts for about 5% of the world's total generation of electricity. All of this gives rise to some people saying that geothermal energy is really steaming.

The Earth's core is found about 4,000 miles below the surface, and the temperatures there are estimated to be about 7,200 degrees Fahrenheit. The heat in the core originally came from the molten rock that was formed when Earth was first created, but now the heat is sustained by the decay of radioactive particles.

Fortunately, scientists believe that this generation of extreme heat will continue for billions of years into the future, so for all practical purposes, geothermal is considered to be a never-ending source of energy. That also means that the entire world resource base of geothermal energy is greater than the resource bases of coal, oil, natural gas and uranium combined.

If we were to dig down about 50 to 60 miles into the Earth, we would hit molten rock of about 1,200 to 2,200 degrees Fahrenheit, and about three to four miles down we would find dry rock of about 300 to 400 degrees. So geothermal energy could be used any place on Earth to generate electricity, but the dry rock areas would be quite a bit more expensive.

It is cheaper to generate electricity in volcanic zones where the cracks in the Earth's surface allow groundwater to percolate down to the hot rocks, and then generating plants can harness the resultant steam. Therefore, just like in Iceland, the Western United States, Alaska and Hawaii are ideal places to use geothermal energy to make electricity.

Today in Iceland, a full 90% of the homes are heated by piping in hot water, and steam is used to generate 25% of its electricity. But there are other benefits in addition to costs. For example, geothermal energy is reliable, sustainable, available and because the amount of land usage is relatively small, aesthetically less harmful. In addition, geothermal energy is environmentally friendly because there are virtually no waste emissions except for water vapor, and it there is no need to pipe or truck in any external fuel to run the generators.

And, happily, more recent technology is reducing the costs of geothermal generating plants in the non-volcanic areas as well. All that is needed is to drill two holes down about four miles. Then fresh water is poured into the first hole and onto the molten rock, and then the resultant steam is harnessed to generate electricity when it escapes through the second hole. Simple, clean and relatively inexpensive.

So considering the costs, environmental harms and health hazards caused by our burning of coal, which is still our primary source of power to generate electricity, and the political problems that are being faced by hydroelectric generating plants, many smart investors are starting to look into geothermal energy power for heating buildings and generating electricity. This system is working well in Iceland, and there is no reason why it cannot work increasingly well here.

JAMES P. GRAY is a retired judge of the Orange County Superior Court, the composer of the high school musical "Americans All" (Heuer Publishing), and can be contacted at JimPGray@sbcglobal.net or http://www.JudgeJimGray.com.

Monday, August 23, 2010

Tribute to a life well lived - by Judge Jim Gray

Recently, I received a telephone call from the daughter of Andy Blodget, a good friend of mine from San Luis Obispo. She told me that her father had died after having a heart attack the night before. This was a genuine shock, because Andy was only 52 years old and apparently in good health. Neither he nor his family had a prior history of heart disease.

In today's world, to die at 52 years of age of "natural causes" is simply too short a life, and I truly grieve for Andy and his family. But as I was driving up to his funeral last weekend, I was thinking that if I could design a good, useful and almost-perfect life, Andy's would be the one. First of all, and most importantly, he was devout as a husband and a father. In fact, in my view, the biggest insight into people's character is to look at the family lives they have led and the children they have raised. And in that regard, Andy was truly exemplary.

He was also a self-made man who was successful in his profession, to the extent that he was able to retire from the flower business in his early 40s. Thereafter he was a successful founder of a small bank and a winery, and also was involved in several notable philanthropic activities. And throughout all of his dealings, he acted with such integrity that I told many other people, as well as Andy himself, that without hesitation I would trust him with the safety and well being of my own family, as well as whatever treasure I had accumulated.

But the lasting message that this tragedy left me with is the reason I am interrupting my discussion about Iceland and devoting today's column to this subject, and that is to remember to enjoy and make use of your life while you have it. Our time on this planet is short and life can be fickle because, as I used to tell my jurors, tomorrow we could be hit by a train.

So at all times, keep in mind what is important and what is not. "My yacht is bigger than your yacht," and "I am more glamorous or beautiful than you" are false gods. And it is also true that our possessions can eventually own us if we are not careful. Yes, Andy made a lot of money, but family and integrity were always first and, as examples, his dependable Ford pickup truck and Timex watch suited him just fine.

Another way of looking at this, which I have tried to keep in mind, is to think that if you were on your deathbed and looking back over your life, would you feel that you had used your time on this Earth wisely? If not, it is not too late to change your approach. Unlike most people who have ever walked the face of the Earth, most of us are genuinely blessed to have many opportunities to try different things, and spend our time and resources on efforts that really matter.

So if Andy were still here, I think he would reaffirm that we should follow our passions — and not hold back. Another way of describing this thought is to cite a quote sometimes attributed to Mark Twain or Satchel Paige that in life we should "Sing like no one's listening, love like you've never been hurt, and dance like nobody's watching."

Yes, there is a time for caution, but mostly that is overrated. Pursuing reasonable but mostly unbridled passion is what makes a life worth living, particularly if it results in helping other people.

In a related but similar matter, before we take a position on anything, we should try to understand the opposite point of view. In reality, we really cannot intelligently be in favor of anything unless we can see the opposite side of the question through the eyes of someone who believes it. Yes, that approach takes effort and can slow us down, but isn't that the whole idea about acting with integrity?

So please join with me in remembering the life of people like my friend Andy Blodget. His life was too short but he did it right, and he will be an inspiration to me for the rest of my life for that reason. To take that a step further, please join me in a toast to Andy and the other people like him that you know that have lived such successful lives.

And if we follow their lead, maybe, just like with Andy, we too, when we face St. Peter at the Pearly Gates, will have him find our names in the Book of Life, review the lives we have lived, and look at us and say: "Well done!"

James P. Gray is a retired judge of the Orange County Superior Court and the composer of the high school musical "Americans All" (Heuer Publishing). He can be contacted at JimPGray@sbcglobal.net, or through his website at http://www.JudgeJimGray.com.

Wednesday, August 18, 2010

Where fire meets ice - by Judge Jim Gray

Many people in Iceland talk about trolls as nasty or evil ogres, plagued with a seemingly endless aggressive streak. But others will tell you that these are untrue and shameful images that say more about the ignorance of the storyteller than about the trolls themselves. Yes, trolls are quite large and tremendously strong, but by nature they are essentially peaceful cave-dwellers who only come out at night. The reason they are nocturnal is that if they are touched by the rays of the sun they will turn into volcanic statues. In fact I saw many of these unfortunate creatures while on our recent trip to that most interesting island, which is east of Greenland and south of the Arctic Circle.

Actually Iceland and Greenland are misnamed, because most of Iceland is green, and almost all of Greenland is glacial ice. The common explanation is that the two lands were intentionally misnamed because Icelanders were happy being left alone and so adopted that inhospitable handle, but people in Greenland wanted to lure more tourists and residents with the more enticing name.

But it is no mistake that Iceland is a totally volcanic island, because it sits on the fault where the American tectonic plate meets the European plate. These plates are actually moving apart from each other at the average rate of about two centimeters each year, and that opens the earth for occasional but violent volcanic eruptions.

The most recent of these was in May when Eyjafjallajökull erupted. This actually added another page to the book titled "Who Says Life is Fair?" because the airport in the capital city of Reykjavik was closed just as a precautionary measure for about two hours, but due to the volcanic ash being spewed into the air and the direction of the prevailing winds, airports in England, Belgium and even Spain were shut down for weeks.

Volcanic eruptions actually occur comparatively frequently in Iceland. For example, between 1963 and 1967 there were a series of eruptions that created a new island that was named Surtsey in honor of Surtuk, who was the mythological Norse god of fire. Originally the new island was 1 square mile in size, but with subsequent erosion by the ocean's waves it has been reduced to about half that. It also has a bit of a comical history, because a group of Frenchmen actually landed on the island while it was being formed and claimed the new land for France. The attempt was unsuccessful.

Icelanders are a hardy people who are proud of their history and identity. Their language, which is based upon a combination of Nordic and German, is functionally unfathomable to non-speakers, and the Icelanders are actively trying to keep it that way. To that end they have constituted a native committee to coin new Icelandic words for any new developments that may occur. Thus they have their own word for "e-mail," "taco," "baseball" and others.

During the summer months, the sun almost does not set, which can, of course, cause a significant change in lifestyle. One example is that there is an annual golf tournament in June in which the participants tee off at 10 p.m. and finish about 4 in the morning. And parents have to be careful, because if they tell their children in June as they are going out to play to be back just before dark, they might not see them again until August.

Iceland was originally blessed with a significant growth of beech trees, but these were cut down by the early settlers to be used for their houses and boats. Some trees have been replanted, but because they are slow growing, most of the trees that now are on the island are still small. This has given rise to the comment that if you are lost in a forest in Iceland, all you have to do is to stand up.

About 40% of the exports from Iceland are fish, but that industry only employs about 6% of the workforce. The other money makers are lamb and sheep for their meat, iceberg-pure bottled water, and tourism. They once had an abundance of lobsters in their waters as demonstrated by one of our guides who told us that even her cat used to eat lobster. That leaves them with their primary fish — cod, salmon and halibut.

Iceland is also deservedly well known for its bird population. The ones that bring in the tourists are the puffins, which are truly amazing creatures. With their bright orange beaks, legs and feet, these birds that are about the size of a dove look like cute little flying tugboats. They live at sea except from April to August. In April the male comes ashore to make a tunnel in the dirt on the top of a shoreline cliff, and, because they mate for life, he waits for the female to arrive. If he gets impatient the male will allow a different female to share his nest, but if his "true love" appears, he kicks the new one out.

The female lays one egg per year, and then both parents go out to sea and dive up to 150 feet to capture anchovies or other small fish to bring back to the youngster. Amazingly enough, the average lifespan of puffins is about 25 years, and the oldest on record is 38.

Another remarkable bird found in Iceland is the Arctic tern. This is a sleek bird about the size of a robin that has a twin tail and comes to Iceland during the summer months, which is their mating season. But the amazing thing is that this small creature migrates every year down to the Antarctic! Considering its size, it would be the equivalent trip for us humans to fly back and forth to the moon three times per year.

Another interesting feature of Iceland is the presence of geysers, hot pots and other geothermal activity. This is so prevalent that about 80% of all homes and other buildings in Iceland are heated by piping in the naturally hot water. In addition, geothermal is also used to generate most of the island's electricity. But those are subjects we will explore next week.

JAMES P. GRAY is a retired judge of the Orange County Superior Court, the composer of the high school musical "Americans All" (Heuer Publishing), and can be contacted at jimpgray@sbcglobal.net or http://www.judgejimgray.com.


Sunday, August 8, 2010

Breaking the cycle of poverty - by Judge Jim Gray

One final thing I wanted to share with you from the FreedomFest convention in Las Vegas a few weeks ago was the program that has spawned an upcoming movie, "To Catch a Dollar." This program provides small loans to people who otherwise would not qualify for any financing, so that they can start their own small businesses and break out of the cycle of poverty.

There are several similar programs around the world that focus upon this activity, such as Technoserve and the Heifer Project, but the one that was presented at FreedomFest was started in Bangladesh by the an economist named Muhammad Yunus. He observed that many people on the bottom rungs of the economic ladder had feasible ideas for starting businesses, but were totally unable to borrow any money to get started. So, 30 years ago, Yunus loaned a total of $27 of his own money to 42 different people for that purpose.

Of course that amount of money went a lot farther back then and in that country, but it still was a truly modest amount. Nevertheless, Yunus was amazed at the results. Within six months all of the women he had loaned money to had paid it back, and all of them had a new business started of some kind.

So over time he put together the Grameen Bank that made similar small business starter loans – but just to women. No collateral was required, but the loans had to be paid back within a year, complete with interest at 7.5% per year. The program also required that groups of at least five potential borrowers get together and approve each borrower's individual "business plan," as well as a plan for repayment before any of the loans would be made. Then that group would be required to meet together for an hour each week, at which time they would make payments of 2%of the principal and also compare notes about how they were progressing. In a world in which there are more than 4 billion cell phones, there are only 1.5 billion bank accounts. So the Grameen Bank became a bank for the unbankable, and it has been successful.

One of the truly noteworthy features of this program is that if one woman in the group does not make her payments in a timely fashion, not only is she forced to leave the group, none of the other women in the group will ever be qualified to receive another loan. So that really brings home the concepts of accountability, participation, teamwork and problem-solving. Knowing this, the group members unfailingly screen out women from the program whom they believe to be unreliable. And once the program gets started, frequently many of the group members have such an incentive for their colleagues to succeed that they often become each other's customers.

All of this has also resulted generally in giving women a higher status in their communities, which has in turn reduced the abuse of women and allowed them to succeed in their desires to implement better education and nutrition of children in their communities.

In the last 30 years, the Grameen Bank has implemented its program in many other countries in the developing world, with the result that literally millions of women have improved their lives by developing their own businesses, such as catering, cake baking, hair dressing, sewing, food and ice cream sales carts, and many more. Thus at this time the bank has more than seven million borrowers and $1 billion in outstanding loans, at an average of $200 per loan, in countries like Zambia, Nicaragua, Guatemala, the Dominican Republic, and Mexico — and they also have a 98% repayment rate! And for all of these successes, Muhammad Yunus has been rightfully awarded a Nobel Prize.

Now Yunus has begun a similar program with the Grameen Bank on the streets of Queens, the New York City borough, and has plans to expand it to at least five additional states in our country. The differences in our programs are that the borrowers cannot be on welfare, and, given our economy, the minimum loan is $500 and the maximum is $3,000.

I find this not only to be amazing, but also embarrassing. A bank from Bangladesh comes to New York City — the financial capital of the world — to give people the opportunity to show their innovation and entrepreneurship and create thousands of small businesses. I thought that America led the world in innovation and entrepreneurship, but in this area it seems to be Bangladesh!

As they say in the movie, "Microcredit ignites the tiny economic engines of the rejected underclass of society. Once a large number of tiny engines start working, the stage can be set for bigger things."

Last week I talked about Greg Mortenson going to small villages in impoverished parts of Afghanistan and Pakistan and building schools with the commitment and assistance of the villagers themselves. And now we see a program from Bangladesh that empowers the lowest economic classes of women to get them on the road to financial solvency. Where are the headlines? Why can't our foreign aid system implement programs like those started by people like Mortenson and Yunus?

Instead, our government throws lots of money at foreign problems that, since there is seldom much accountability in where it goes, often result in foreign government officials driving fancy cars and their Swiss bank accounts getting fatter. But for about 1% of what our government now spends, these programs actually achieve positive and lasting results. So why are we not insisting upon a fundamental change in approach?

If you agree that we must change our approach, please use every opportunity to contact your representatives in Washington, and encourage them to implement these changes. And if you want more information about Muhammad Yunus' program with Grameen Bank, you can find it at http://www.tocatchadollar.com.

JAMES P. GRAY is a retired judge of the Orange County Superior Court, and the author of "A Voter's Handbook: Effective Solutions to America's Problems" (The Forum Press, 2010). He can be contacted at JimPGray@sbcglobal.net, or through his website at http://www.JudgeJimGray.com.

Dachau death camp revisited - by Judge Jim Gray

During the summer of 1965, between my junior and senior years at UCLA, I traveled to Western Europe with a friend and, among other things, visited the former concentration camp at Dachau, in the German state of Bavaria not far from Munich. This event changed my life, because it brought home to me man's potential inhumanity to man.

Dachau was one of the first extermination camps established by Adolf Hitler. It was where thousands of Jews, gypsies and other "undesirables" (in Hitler's mind) were gassed to death, and then cremated en masse. And it was also a place where perverse and sadistic "experiments" were performed on human beings by demented so-called doctors.

In other words, this was a place where terrible things were done with the sanction of the laws of the time. Dachau should always stand as an example of what can happen without the vigilance of good people. Therefore, it is a place that should never be forgotten.

Recently a friend and neighbor of mine in Newport Beach, whose name is Don Pewthers, spoke with me about his recent and long ago visits to Dachau, and how they compared. I asked him to write them down so that I could share them with you, and he agreed. So the following comes from my friend Don, with a few edits from me:

This past summer my wife, Carole, and I were planning an extended trip to Europe. I wanted her to experience Bavaria, as she had not been there. It was suggested that we include a visit to the Dachau Concentration Camp near Munich. I was opposed.

In 1960, as a recent college graduate, I traveled in Europe for several months and spent a lot of time in Germany, where I had an American lady friend. Driving to Munich from Stuttgart, I had seen a small road sign which said "Dachau 10 km." We decided to visit as I had just finished reading a book on Adolf Eichmann and was interested.

When we arrived at the camp, we found that we were in the area where the gas chambers, the cremation ovens, and a mound with pansies in the form of the Star of David were located. The mound, a circle of some 25 feet across and four feet high, contained the ashes of 6,000 Jews who had been cremated. We were the only people visiting at that time. It was very emotional to enter the area where so many had died. You could see the barn-like building where families undressed, hung up their clothing, and prepared for a "shower," during which they were gassed to death.

After the shower, doors on each end of the barn were opened and bulldozers were used to push the bodies out of the chamber to the crematoriums a short distance away. There were two of these crematoriums with ovens that would accommodate about 12people at a time, with four in one and eight in the other. It was a very emotional experience and one that I did not want to repeat or expose my wife to. I was shocked that people who were my ancestors could be a part of this.

So now, in planning for our upcoming trip, I contacted an old college teammate and friend who has a business based in Munich, but lives in Atherton, Calif., most of the time. When the subject of Dachau came up he recommended that we add it to our plans. He said it was very interesting, etc. On his recommendation we planned for the visit. I had covered all of the gory details with my wife to prepare her for the visit.

But when we arrived there we found almost a "Disney World" atmosphere. There was a very pretty park-like walk from the parking area to the entrance where we were greeted at a reception area and given Audio guides. We noted that there was a restaurant and lots of high school age students who were there on an "outing," eating ice cream and enjoying a fun time. We started on the tour, which took us through the museum in what had been the administration building. They had the usual pictures we had seen since World War II, but most of the pictures were of people who were alive. We heard a recording of the prisoners' choir, saw the chess sets that the prisoners used, and were told that there were "comfort women" for the "good" prisoner workers. It sounded like a summer camp.

The barracks had been removed with the exception of two that had been left "as an example." The conditions in the barracks at the time must have been horrible. The bunks were constructed three high and nine across to accommodate 27 prisoners. But because the camp was designed for 8,000 to 10,000 prisoners, and there were 30,000 in the camp, three people had to sleep in the same bunk. The bathroom was open with 12t people using the toilets at the same time. Privacy was non-existent.

I was unable to locate what I had seen on my prior visit, so I asked about the gas chamber, crematorium, and the mound in which 6,000 people were buried. I was told that they were at the far end of the compound several hundred yards away. We would find a gate to that area. One of the crematoriums had been removed. We were told they were "experimental." The mound had been removed as well because it was "too stressful" for the local people.

It was stressful emotionally to think that human beings could commit crimes of this nature on other humans. Dachau was the first of these camps. It was constructed in 1933; the same year Hitler was elected chancellor. It could happen again, even in America.

After we returned from our trip, I had an opportunity to visit with my college friend who had suggested we visit Dachau. When I told him our impressions, he said that there is now a movement to remove the remaining parts of the camp. He said his son is married to a German girl and they live in Munich. He added that the attitude of the young people now is that anything that happened so long ago was done by their great-great grandparents and not something related to them. Naturally they would like to believe that it never happened. I would, also, like to believe that it never happened — but it did happen. And I think that everyone should be reminded from time to time that it could happen again. As a history major (who obtained a master's from Stanford in 1958), I keep reminding myself that history does, in fact, repeat itself.

JAMES P. GRAY is a retired judge of the Orange County Superior Court, the author of A Voter's Handbook: Effective Solutions to America's Problems (The Forum Press, 2010), and can be contacted at JimPGray@sbcglobal.net or through his website at http://www.JudgeJimGray.com.

Monday, August 2, 2010

Effective fights for freedom - by Judge Jim Gray

This week I will continue to discuss the recent Freedom Fest convention in Las Vegas, where one of the speakers was Greg Mortenson.

You probably know of Mortenson as the co-author of the book "Three Cups of Tea," which describes his experiences in building about 50 schools for boys — and girls — in mountain villages in Pakistan and Afghanistan. His new book, "Stones into Schools," provides an update on this amazing success.

Mortenson is a fairly shy, humble and self-effacing man who stumbled upon his life's work project that is bringing a measure of peace to those two troubled and unstable lands. As was descending from his attempt to climb K-2, the second highest peak in the world, Mortenson became lost, sick and disoriented, whereupon he was nursed back to health by the people of one of the villages.

In gratitude, Greg promised to come back and build them a school, which he learned, was the most closely held desire of the villagers. Thereafter he kept his promise, and that began his story.

Mortenson does it right by employing the methods I was actually taught during my training for the Peace Corps. He understands that no program will be really successful unless it addresses what we in the Peace Corps called the "felt needs" of the community.

That means that the people in the community must actually want the project, and be materially involved in the decision-making and implementation process. And then the project only has a real chance to become permanent if it will continue to prosper without us.

In that regard, during training we were told the hypothetical story of a Peace Corps Volunteer, who was asked by one of the visiting Peace Corps staff members what he had accomplished during his two years of service.

The volunteer responded by pointing to some people working in a field and growing some drought-resistant grain, which he had introduced into his village, and pointing in another direction to the people working to install a new water treatment plant that he had initiated.

Finally, he pointed to a neighboring house in which a woman was working on her loom. She was doing work for the coop he had helped to start and that weaved native cloth in traditional designs to be sold in the tourist trade. And all of this was happening while he was sitting down and having breakfast.

In his work in building schools in remote mountainous villages, Greg Mortenson considers it essential to take the time to build up relationships with the tribal elders in the communities, listen to them, work with them, and be guided by them.

And he will not build a school unless the village is completely involved by donating the land, the necessary wood and the labor. As a result, none of his schools have been attacked by the Taliban, because the elders have influence and a strong following in their villages, and the Taliban does not want to alienate the villagers.

One example he discussed involved his being approached by the elders from a remote village in Afghanistan that was heavily infiltrated and controlled by the Taliban. Nevertheless, these elders requested that he help build a school in their village. Given the location, Mortenson was naturally skeptical of being able to do this, but he invited the elders to visit a school that he had built about 50 miles from their village.

When these elders met him at the school a few weeks later, they were all dressed in robes and turbans, and each was heavily armed with a machine gun. But, as he tells it in the book, when they saw the playground, the men dropped their guns on the ground and each man started playing on the swings and slides. And it was a sight to behold, with turbans flying in the wind and big smiles all over these stately and (for us) normally terrifying-looking men.

After a full hour and a half, Mortenson told them that it was time to stop playing and to address the issue at hand. So they sat down with him and soon invited him to come to their village to discuss the building of a school. Although it would normally be quite dangerous for a Westerner to go to that area, he later traveled there safely as their guest.

When Greg arrived the village elders unanimously agreed to his terms and requested a school — as long as it would have a playground! Mortenson agreed, but remained humorously concerned that the adults would be using the swings and slides so much that they might not be available for the children.

Before he left the village, Mortenson asked the chief elder (who is almost always the one who has the most silver in his beard) why they so badly wanted a school. The man responded that when he was 12 years old, the Soviets invaded the country.

So he was pulled out of school, and taught to hate and to fight, which he had been doing ever since. Thus he never really had a childhood. But now he not only wanted to make up for his own loss, he also wanted his children to have the childhood and education that he never had.

Our government actively solicits Greg Mortenson's advice, and, as a military veteran, he gives it openly and freely. But he goes out of his way not to accept any money from our government. If he were to do that, he would be seen as an arm or instrument of the government, and that would in effect terminate his effectiveness. And unfortunately, the government does not often follow his advice about developing relationships with the elders in the various villages.

But there is no reason why each of us cannot fight for freedom like Greg Mortenson — each in our own way. Obviously most of us cannot affect an entire world, but we can be effective in the smaller worlds that we do live in. And, like Greg Mortenson, we can begin by listening better to the people around us.

JAMES P. GRAY is a retired judge of the Orange County Superior Court, the author of "A Voter's Handbook: Effective Solutions for America's Problems" (The Forum Press, 2010) and can be contacted at jimpgray@sbcglobal.net or via his website at http://www.judgejimgray.com.

Tuesday, July 20, 2010

Canada has the right idea - by Judge Jim Gray

This past weekend I joined about 2,000 other people at a convention called Freedom Fest in Las Vegas. In many ways it was intensely discouraging. In many other even more important ways, it was encouraging and exhilarating.

The discouraging part dealt with our present economy and the forecasts for the immediate future. Many seemingly knowledgeable people stated forcibly that we cannot have a sustainable economic recovery with such large government spending and deficits and no gain in job creation. At the moment, our government spending is at the rate of about 39% of the gross national product. In addition, this year we are running a deficit of about $1.35 trillion, with estimates that next year it will be three to four times that number.

Simply stated, this government spending will put our economy and probably the world into a depression.

As a result, I came home and sold all of my mutual funds. At the moment they are not a good investment. Our own government underscores that fact, because it is making it increasingly difficult to move our assets out of the country. For decades we looked with disapproval at the governments of Third World countries that had adopted regulations punishing people for moving their assets abroad, but now our government is doing the very same thing. Most discouraging!

Furthermore, we heard that our government is trying to convert our nation's financial advisors and securities brokers into policemen. Under the so-called Patriot Act, which has been heartily embraced by the Obama administration, it is a crime for financial counselors to see something in our financial patterns that "even appears suspicious" without reporting it to the federal authorities. And, according to many of the counselors, this has little to do with terrorism or even drug money laundering, and instead it simply has to do with possible avoidance of taxes. This is the depth to which our government now has fallen.

So in the face of all of this reality, how could I emerge optimistic? Because it was reaffirmed, again and again, that freedom works! The free enterprise system, buttressed by private property rights, a fair and just judicial system for all, and a smaller, less intrusive, and less expensive government, can and will bring us out of these problems! These are what have made our country strong and great throughout our history, and they will do it again!

Canada is a magnificent example of this. Most of us think of Canada as being socialist, and it certainly still is in its health-care system. Furthermore Canada richly deserved that label in its entirety until the late 1990s. Between 1976 and 1995, the percentage of Canada's deficits went up from 35% to a full 78% of its GNP, government spending reached up to 53% of the nation's GNP, and welfare payments increased from 5% of the budget in 1980 to 10% in 1991. So all of this resulted in the Wall Street Journal running an article Jan. 12, 1995, that called Canada an honorary member of the Third World because of the weakness of (what the newspaper called) the Canadian Peso.

The article triggered enormous reforms in Canada. In view of the reality that one-third of every dollar paid in taxes was being spent simply on interest payments on the national deficit, concerned citizens and the media went over the heads of the politicians and sent their message directly to the people that the deficits must be strongly reduced. And the best way to accomplish this was to reduce government spending, and to stimulate the economy by reducing taxes. The people listened and responded.

As a result of pressure for these basic changes from the voters, within a few years all of the political parties in Canada were in favor of reducing the deficit — including the Liberal Party and the Socialist Party! The only debates were what spending and which taxes to reduce — and how much. Thus, since 1997 the federal workforce has been reduced by 14%, and all taxes have been reduced as well, including income, sales, capital gains and estate taxes. This combination of actions has reduced the spending of the Canadian government from 53% to about 39.7% in 2008. Our level is about 39%, but estimates are that by two years from now ours will be even higher, and theirs even lower.

Contrary to the warnings of the critics, even though government spending and taxes were materially reduced, government revenues remained the same. As a result, Canada now has one of the strongest economies in the world. The recession we have experienced in our country was appreciably milder and shorter in Canada, its job market has been strong, and its real estate has held its value. Canada's fiscal deficit for this year is projected to be about $33 billion, which, at less than 3% of its GDP, is considered manageable. On the other hand, our estimated federal deficit is $1.35 trillion, or about 9.2% of our GDP. But nevertheless there was much optimism at Freedom Fest because we know we can learn from our mistakes and from Canada's example, and we can turn things around by returning to our roots.

So basically we have two choices: We can either view these present circumstances with despair, or we can view them as a challenge. Most of the participants at the conference were not really worried about our future because throughout our history Americans have always risen to a challenge. In other words, all we need to do to regain our strength and our dreams is simply to repress our self-pitying and resentful sides, and return to being Americans. And I know that we will!

JAMES P. GRAY is a retired judge of the Orange County Superior Court, the author of "Wearing the Robe: the Art and Responsibility of Judging in Today's Courts" (Square One Publishers, 2010), Why Our Drug Laws Have Failed and What We Can Do About It, A Voter's Handbook, Effective Solutions To America's Problems and can be reached at jimpgray@sbcglobal.net or http://www.judgejimgray.com. Judge Jim Gray is also currently offering his 25 years of experience on the bench to ADR Services in Orange County for Arbitration and Mediation services.

Monday, July 12, 2010

Look to Mexican example of crime prevention - by Judge Jim Gray

A crime prevention program being used in Mexico has reduced rape by 26%, family violence 34%, house burglary 22% and robbery 30%. These results are all the more impressive because the state of Sonora, just south of Arizona, is home to three violent drug cartels, and violent crime is increasing almost everywhere else around that country.

The program was founded by Santiago Roel, and when it was adopted by the state's governor they announced together that it would decrease the offenses they specified by 25%. In doing this, the program focused upon results or outcomes, which means crime statistics. But it did not measure all crimes, just the ones they specified, and it also measured the areas, days of the week, and even time of day in which those crimes were committed. So in effect they were able to produce a statistical profile of each selected crime.

Next, the program members formed a team with public officials and the police, and shared their findings, after which they implemented the doctrine of "focus, measure and decide." That means that the team members focused upon only the specified crimes so that they did not misspend their energy, measured the current statistics about just those crimes, and then decided the best approach to take for the prevention of those crimes. Once they reached that point, they only allowed themselves the option of making one of three decisions, which was to go ahead, re-think their conclusions, or ask for more information.

In most jurisdictions, police are trained only to be reactive, which means that they respond to reports of crimes, investigate them, and then locate and help to prosecute the offenders. In other words, those police are "fighting crime." But with this different approach, the police were trained to think preventively, and then to share the information they received where it would do the most good, which is with the potential victims in the most vulnerable areas.

They then added the media as members of the team, because it's the best way to share information with potential victims. And when the statistics were published widely by the media in those specific areas for all to see, the potential victims became the final members of the team.

In addition, the media became so interested in receiving so much current and accurate data, they soon started interviewing victims and seeking out their own crime prevention specialists, and publishing additional findings and recommendations.

After the media published the raw statistics for about a month, the manner of publishing was simplified to be much more readable and easily understood. The statistics were published in the form of one traffic light for each crime: red if the crime continued at the same level or greater than when the program began, green if it were reduced by the stated goal of 25% or more, and yellow if it were in between those two levels.

Family violence was the first area to result in a green light because family violence and rape can be decreased extensively with accurate information. For example, about 40% of all rapists are actually family members or "friends." Once that information was disseminated, potential victims began to see the warning signs for themselves and their family members much earlier and more clearly, and then they naturally took preventive actions.

The most valuable resource in crime prevention is information, and in most cases it has already been compiled. Thus this information is mostly available for free. One of the things the crime information showed them was that about 30% of the automobile thefts were committed in the parking lots of shopping malls. So when this information was published, both mall managers and the police increased security measures at shopping malls, and the drivers of the vehicles took additional preventive measures as well, all of which resulted in the number of automobile thefts being materially reduced.

Actually, people make decisions about crime prevention all the time, so this program simply sought to provide them with more accurate information which, in turn, helped them make more effective decisions. But unfortunately, today's world often works against providing accurate information. That is true because many public officials tend to hide information unless it contains good news.

In addition, many public officials consider the media to be their enemy when the news is not favorable, so making the media a part of their team is something they do not take to naturally. And finally, most public officials naturally shrink away from publicly setting difficult goals. So publishing a goal of a 25% reduction in specified crimes was not something they would naturally do.

But this program has demonstrably produced a material decrease in crimes, and no one can argue that this is a positive outcome. Without much difficulty, we could implement similar programs in our neighborhoods, and probably experience the same positive results.

You can learn more about Roel's "Applied Chaos Theory and Complex System Theory" by visiting http://www.prominix.com. And then perhaps you yourself can talk to your mayors, city council members and chiefs of police, because crime reduction is everybody's business.

http://www.judgejimgray.com

JAMES P. GRAY is a retired judge of the Orange County Superior Court, the author of "Wearing the Robe: the Art and Responsibility of Judging in Today's Courts" (Square One Publishers, 2010), Why Our Drug Laws Have Failed and What We Can Do About It, A Voter's Handbook, Effective Solutions To America's Problems and can be reached at jimpgray@sbcglobal.net or http://www.judgejimgray.com. Judge Jim Gray is also currently offering his 25 years of experience on the bench to ADR Services in Orange County for Arbitration and Mediation services.

Wednesday, July 7, 2010

Beginning to see the light - by Judge Jim Gray

News flash! On June 22, the Chicago Sun-Times published an editorial recommending a radical change in our nation's drug policy. The editorial began by saying: "When will we accept that America's war on drugs is over – we lost – and it's time to get real about our drug laws?" Then the editorial continued: "Medical marijuana should be legalized. Pot more generally should be decriminalized. And the carnage in our streets and in Mexico begs that we rethink our nation's approach to the sale and use of more serious drugs as well."

People around the world and institutions like the Sun-Times are beginning to see the light, because the evidence of the failure of our policy of drug prohibition is all around us. Another of those institutions is the NAACP, whose president announced on this past June 29 that: "We are joining a growing number of medical professionals, labor organizations, law enforcement authorities, local municipalities, and approximately 56% of the public in saying that it is time to decriminalize the use of marijuana."

Why is all of this happening? Well, among other things more people are beginning to understand that many of the problems with youth gangs, such as shootings, drug sales, and even the recruitment of young people to that dead-end lifestyle, are directly traced to drug prohibition. Police can disrupt the drug trafficking of gangs only to a limited degree, but, they like Al Capone and other such thugs in the alcohol distribution business before them, can only really be put out of that lucrative business by a pronounced change in policy.

Prison overcrowding? We have filled our prisons with young men and women who have committed drug-related crimes – which the Sun-Times rightfully calls "a shameful waste of human potential and the taxpayers' money" – but, just like holding a bucket under a waterfall fills up lots of buckets with water, that act can do nothing to shut off the flow.

Foreign policy? In Mexico, where President Calderon has been waging his own war on drugs, the killing and corruption still continue to increase. The Sun-Times addresses those realities and cites the concern of many that Mexico is in danger of becoming a failed state because of them. Only the repeal of drug prohibition has the chance of saving our neighbor to the south from that fate.

So if all of these facts are becoming clear, why has this failed policy been allowed to continue? Because traditionally many people have harbored the idea that this policy, "for all of its defects," will keep drugs away from our children. But the bitter truth is that drug prohibition has made drugs stronger, cheaper and more available to our kids than any other system ever would have.

In addition to these other self-inflicted wounds, prohibition has materially increased cases of accidental drug overdose, unregulated drug poisoning, gang shootings, the killing of police and innocent victims caught in the crossfire, and AIDS infections and hepatitis contracted from dirty needles. And since we will never run out of people who are willing to take risks for selling small quantities of drugs for large amounts of money, the most effective way we can bring peace back to our streets, neighborhoods, and schools is to repeal the fundamental cause of the disruption, which is drug prohibition.

Furthermore, there are only so many resources allocated to the criminal justice system, so the "tougher" we get on drug crimes, literally the "softer" we get on the prosecution of everything else. Thus with a change away from drug prohibition, our law enforcement agencies will be able to divert scarce resources back to the underfunded investigation and prosecution of other crimes like robbery, rape, murder and fraud.

But there is even more! Today our country exports more cash to other countries because of the sales of illicit drugs than anything else, except oil. Forget all of our purchases of Toyota automobiles and Sony television sets, the bigger cash outflow is brought about by illegal drugs. And by the way, think of the reduced violence the repeal of drug prohibition will bring to countries like Colombia, Afghanistan, Thailand, Bolivia, Mexico and Nigeria, as well as the accompanying loss of profits and power to the drug lords and cartels there that today are thriving under our present policy!

Finally, the laws of drug prohibition have also resulted in a virtual prohibition of medical research on addiction and related problems. But with the recent liberalization of attitudes, medical science has begun to learn more about the properties of many of these presently illicit drugs. For example, in addition to its other perceived benefits, there is some indication that medical marijuana can also be helpful for autistic children. (For more information, please visit http://www.UF4A.org.)

You can help in this inevitable movement by supporting the "Tax and Regulate Cannabis Act of 2010," which will be on the November ballot and which would treat marijuana like alcohol for adults. Its most effective result will be to make marijuana less available for children than it is today by tightening the laws against selling or furnishing marijuana to people under the age of 21. (Of course today the illegal marijuana dealers don't ask for I.D.) And this measure expressly will not affect existing laws about driving under the influence or behavior in the workplace. Of course, it will also have the side benefit of taxing our state's largest cash crop, which will help our state's balance of payments problems.

Ironically, my generation of the 1960s has supported the punishment of our children's youthful drug indiscretions that takes away their freedoms, dignity, reputations, hope, Pell grants and otherwise bright futures for doing the very same thing that many of them did at the same age! Ask yourselves, do you think that incarceration would have helped the lives and careers of Presidents Bill Clinton or Barack Obama – or the Olympic career of swimmer Michael Phelps? No, although marijuana certainly has its harms, the most harmful thing connected to marijuana today is jail. You can help us in November to reduce many of those harms.

JAMES P. GRAY is a retired judge of the Orange County Superior Court, the author of "A Voter's Handbook: Effective Solutions to America's Problems" (The Forum Press, 2010). He can be contacted at JimPGray@sbcglobal.net, or through his website at http://www.JudgeJimGray.com.