It always comes back to values - by Judge Jim Gray

After the recent election was over, one of my friends confided to me that in the final analysis that he was unable to vote in favor of Proposition 19, which would have treated marijuana like alcohol for adults. The reason was that marijuana is harmful, especially to children, and if the initiative passed it would be yet one more compromise and retreat away from our value system.

I really understand his concerns.

Almost everywhere we look today, we seem to be losing ground in what is healthy about our way of life. The examples are familiar to us all, such as the managers of the city of Bell and other cities ostensibly manipulating the finances so as to pay themselves unconscionable salaries and benefits, professional baseball players taking steroids, young people valuing their membership in juvenile gangs more than obtaining an education, and many more. So now we "legalize" marijuana, thus allowing additional moral backsliding and decay? For many people, this was simply too much, and they registered their protest at the polls.

My response is that we should follow the advice of Confucius, who said, "The first rule in being a wise leader is that you must first define the problem."

So in that regard, we must remember that marijuana itself is not the problem, nor is it city finances, steroids, or even gangs. Those are just the symptoms. The problems — and the resolutions — are presented by the way we deal with these matters, and promoting viable alternatives to those harmful choices.

That is where values come into play. We must change the direction of the political landscape to favor programs that work, regardless of what today's so-called political wisdom would have us believe.

So what works? Basically four things: education, treatment and prevention, positive financial incentives, and individual responsibility.

So how can each of us help to change the direction of our country? The first part of the question is answered by the old saying that "the world is run by those who show up." And the remainder of the question is answered by saying that all we have to do is again become Americans! Rekindle the "can do" spirit at every level of our society by rewarding success, stigmatizing laziness and "entitlements," be open and available for scrutiny in almost every public thing we do, and focus upon things that work.

We can start this change of direction by opening our minds to viable alternatives, and by getting away from being so "politically correct" and having an almost automatic unreceptively to any recommendations from people we generally do not politically agree with, whether it is President Obama on one side of the political spectrum, or Sarah Palin on the other. That change will allow us to expand our focus, explore new approaches and rejuvenate successful old ones.

For example, the "political wisdom" for the last several decades has resulted in the mindless incarceration of too many people. Thus for decades politicians have built prisons and cut "liberal do-gooding" programs for drug treatment and children's performing arts, support groups for recently-paroled felons, and things like "midnight basketball" leagues, which provide many young men and women with an opportunity to channel their energies into productive efforts instead of being involved in "midnight mischief." These preventive programs work and thereby reduce crime as well as lost productivity, money and lives. But there is no political muscle behind them, and you and I simply must change that.

We should also stop blindly impugning the motives of people with whom we don't always agree. For example, the overwhelming majority of people, including Tea Party enthusiasts, who believe we should regain control of our nation's borders, are not racist; those who disagree with some of the positions of the government of Israel are not anti-Semitic; and those who fear terrorists are not anti-Muslim.

In addition, we should be more sophisticated and follow the advice we learned from "Deep Throat" during the Watergate era, which is to "follow the money." So, for example, when discussing the deteriorated condition of our public school systems, we should look at who has a vested interest in the perpetuation of the status quo, which, yes, includes the teachers' unions. Then we should listen to and assess their stated positions with that fact clearly in mind.

The same approach should be followed as to those who desire to have a perpetuation of big government. These are often a lot of wealthy people who are making money from government, such as with lucrative contracts, tax breaks and even subsidies for not planting crops.

Thus, whenever I read an op-ed piece in a magazine or newspaper, I first skip down to the bottom of the column and see who the authors are, and where their "bread is being buttered." In other words, I ask myself the question, what's in it for them? Everyone's opinion should be assessed by asking that question, and that certainly includes me as well.

So who is speaking for the benefit of society as a whole? In my view, it is those people who argue for greater liberty. That means less governmental intrusion and interference. Understand that it is the economically and politically powerful people who almost always control government, so the less governmental intrusion and power, the greater the good for the greater number.

The bottom line is that liberty works! The soul of the United States, and what has made it great — and even exceptional — is not our government, it is our freedoms. So when we put our values back where they belong, which is to emphasize Freedom and Liberty, buttressed by the implementation of programs that emphasize education, prevention and treatment, positive financial incentives, and individual responsibility, we will once again be Americans. And then the other things will fall back into place.

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.

The spirit that moves them at Vanguard - by Judge Jim Gray

We have a real gem in our midst, which is Vanguard University of Southern California, and everyone should be aware and proud of it. As I hope you know, this four-year Christian university, which has an enrollment of 1,457 undergraduates and 703 postgraduates, is located on Fair Street and Newport Boulevard, and is just across from the Orange County Fairgrounds in Costa Mesa. And a gem? How about being named to the top five best baccalaureate small colleges in the West by U.S. News & World Report for each of the last three years?

My association with Vanguard began when I was asked about five or six years ago by my now-friend Elizabeth Leonard to speak to her sociology class about drug policy. Since then, I have been back at least 10 times to speak to other classes and forums about various topics, one of which included a rabbi friend of mine talking about the Jewish faith. I have always found the students to be bright, inquisitive, questioning and engaging.

As a result of these talks, I noticed Vanguard's performing arts programs, beginning with the music program under James Melton. In a word: superb! The musicians and singers are as talented, well-instructed and sophisticated as any I have seen, and they have performed recently at Carnegie Hall and Lincoln Center in New York City, as well as in China, Europe, South Korea and Canada. But don't just take my word for it; you can hear them for yourself at their Christmas concerts either at the Performing Arts Center Nov. 30, or at St. Andrew's Presbyterian Church on Dec. 3. Both concerts begin at 8 p.m., and I will be deeply surprised if you are not as impressed as I am.

My wife, Grace, and I have also mostly been blown away by Vanguard's drama department. We went first to see their performance of "Life Without Parole," which was written by VUSC Professor Warren Boody and is based upon Elizabeth Leonard's doctoral thesis, "Convicted Survivors." The story centers around women who were so abused by their husbands or boyfriends that they eventually resorted to violence and even murder to make it stop. Obviously, these women must be held accountable for their actions, and the play does not imply anything to the contrary, but it will impress you that the situation of abuse also must be heavily taken into consideration by both society and the court system.

That play was so compelling, and was also so well directed and performed, that we immediately signed up for season tickets, and I recommend you do the same. The most recent performance was of Thornton Wilder's "Our Town," and it brought tears to my eyes. The next performance will be "It's A Wonderful Life," and I expect it will have the same effect.

I could go on and describe the other achievements of these professors and students, such as the fact that Vanguard has an amazingly high acceptance rate at quality medical schools around the country. But the fundamental thing that truly sets this university apart is the spirit of almost everyone involved. Yes, like almost all students who begin their college experience, these students are innately idealistic, but this university gives many of them both the tools and the inspiration to carry that idealism on through the rest of their lives.

For example, some of Vanguard's recent graduates have dedicated their lives to helping to provide employment and education to war-affected women in Northern Uganda. In that pursuit they founded "Krochet Kids," which has taught these women to make unique and uplifting types of caps which have been exported all around the world, to the degree that their beanies are now sold in Nordstrom. This program has been so successful that the Ford Motor Co.'s program "The People's Fleet" awarded the Ugandan workers a new car.

Another program in Uganda that was initiated by graduates of Vanguard is called "31 Bits." The name comes from The Bible's Proverbs Chapter 31, which tell a story about a woman providing for her family. The "bits" refers to the scraps of paper that are used to make beads, which are in turn used to decorate jewelry and shoes. 31 Bits now employs 60 women and sells products like its "Ugandals" online, at Seed People's Market at "The Camp" in Costa Mesa, and through a partnership with Reef Sandals.

Other VUSC grads have founded an orphanage! It goes on and on. But when you are exposed to this wonderful temple of higher learning, you will start taking results like these in stride. Why? Because you will see that there is a passion for humanity that is rampant on this campus, and it is unlike anything I have ever seen outside of the Peace Corps.

For example, the recently released feature film, "Sin by Silence," was created by a VUSC graduate filmmaker who came back to the school only to teach as an adjunct professor. But when she was started accompanying Elizabeth Leonard on her visits to a women's prison, the stories about some of the inmates having been beaten by their husbands was so compelling that she simply had to document it to the world.

As set forth in its website, Vanguard's stated purpose is to "pursue knowledge, cultivate character, deepen Christian faith, and equip each student for a life of leadership and service." Every university has a stated purpose like that, but I hope you join me in congratulating and being involved with one that literally puts its stated purpose into lasting practice. Vanguard University of Southern California, you have every right to be proud of what you stand for, and what you are doing. Well done!

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.

The trick of current welfare system - by Judge Jim Gray

Recently the Los Angeles Times reported that $69 million in California welfare money was cashed in by recipients in places like Las Vegas and on cruise ships. Prior to that, The Times reported that people on welfare had used their state-issued ATM cards to get money at casinos, strip clubs and massage parlors.

After those revelations, there followed the usual clamors and calls for politicians to tighten up the system, and many of the politicians responded by promising that in the future the cards could no longer be used in those types of places.

But the real problem is much more fundamental.

Yes, there are people in our society who simply cannot take care of themselves, and yes they need our help. And we will give them that help in the traditional Libertarian way – not because we have to, but because we want to. That is the type of people we are.

Thus we should have a welfare system, but not the one we have today. Why? Our welfare system has probably been the worst thing that has ever happened to a large majority of the recipients because it deprives them of both their motivation and their pride.

And that keeps them mired in poverty. As evidence, simply look at the generations of people who have not broken out of the welfare system.

So how can we still have a welfare system, but at the same time increase the incentives for the recipients to break away from it? The answer is for the welfare system to provide the necessities of life, but not to provide any money to the recipients at all.

What would such a program look like? There would be dormitory living for people on welfare (with some allowances for families), group-style meals, medical care at government-sponsored clinics, passes on public transportation and provisions to provide clothing, personal hygiene materials and other similar essentials. But in return, those people who are able would be required to help around the living spaces by doing chores such as cleaning, gardening, cooking, security and general maintenance work.

As such, this system would provide for all recipients' basic needs, and that would be appropriate. But it would also inherently provide incentives to the recipients to move beyond welfare and to improve themselves, because there would be a logical and necessary stigma of being placed to live in the public facilities.

But at the same time they would live under this stigma, the recipients would also more often have the means to be able to move away from it, because the new system would always include an incentive to get some form of job and "earn the extra dollar." Recipients would be forced to contribute money for their upkeep if they received any income, but always on a "sliding scale.

Thus, for example, if welfare recipients were to earn $200 per week in a part-time job, they would contribute only $50 for their upkeep. Thus they would be able to keep at least $150 to spend upon private purchases, including car expenses, or put it away in a savings account.

Other benefits of this new system are obvious. The taxpayer money to fund this new program would much more be spent on purchasing food, clothing and shelter for the recipients, instead of so much being spent on bureaucracy, administrative expenses and fraud. And along the way, there would be a much reduced appearance of unfairness, because everyone would be treated the same.

Today there are few incentives for people to get off welfare, because if they get a job, most of what they earn is forfeited back to the government. And if young ladies want to "form their own households," all they have to do is get pregnant, either inside or outside of wedlock, and by that act they now qualify for welfare. And, in a similar fashion, if they want their monthly check to be increased, all they have to do is to have another child for that to occur.

So once again, in this situation as well as most other human experiences, incentives matter!

Far from this being heartless, this proposed program is more humane. It provides for a reasonable existence for all recipients, but it also strongly removes the curse of our present system that causes welfare to be perpetuated, and people to remain in poverty for generations, and encourages people to progress to independence.

How would this new system of welfare be implemented? Slowly. It should start with people who are newly applying for welfare, and then slowly expanded to others who are already on the program. The dormitories would have to be constructed or remodeled, and they should always be clean, cheerful, modestly attractive and, above all, safe

Thus, in this system everyone would come out ahead, at least in the long run. The welfare recipients would have their needs met, but they would also have incentives to pursue their opportunities to have a better life. The taxpayers would receive a benefit because the system would probably cost them only half of what they are now paying, and they would also have the satisfaction of knowing that their money was being better spent for more care and less fraud and bureaucracy.

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.

It's A Gray Area: It's as 'sound as the dollar' - by Judge Jim Gray

I still remember my parents commenting during the 1964 presidential election about the silliness of Barry Goldwater's recommending that we go back on the silver and gold standard for our nation's monetary system. But now I know that Sen. Goldwater was right, and had we followed his recommendations, we would be the most economically healthy country in the world today.

The problem is that as soon as a country goes away from securing its currency with gold or silver — which it actually pledges to redeem to anyone who bears its paper currency — that country can almost never resist the temptation simply to print more money to pay its obligations. The rationale is, of course, that "we are only borrowing money from ourselves," but this immediately reduces the value of the currency. And, as I read from economist Mark Skousen's book "A Tale of Two Dollars" (Investment Rarities Inc., 2010), this is what we have starkly seen in our country since the middle 1960s.

During the Revolutionary War, our fledgling government printed lots of "Continental" dollars, which resulted it them losing more than 90% of their initial value. This also gave rise to the phrase "Not worth a Continental." Having experienced this result, the Founding Fathers responded by mandating in Article I Section 10 of our Constitution that no state could "make any thing but gold and silver coin a tender in payment of debts."

From about 1815 until the beginning of World War I, all of the world's major currencies were on the gold and silver standard. Thus the British "pound" was literally the equivalent value of a pound of sterling silver. That also meant that inflation simply was not a problem, because before a country could print more of its currency, it had to obtain and store the equivalent amount of gold or silver to back it up.

Other than during the Civil War years when the federal government issued inflated "greenbacks" that were based only upon the "good faith and credit of the United States," our country was also on the gold and silver standard during that time. We mostly used Spanish silver coins that were called "thalers," which over time with our lax pronunciation we eventually called dollars. We also formed the practice of cutting those silver dollars into eight parts, which were soon called "pieces of eight." That is also the derivation of the term "two bits," which was what we colloquially called a quarter of a dollar.

But in 1933, President Franklin D. Roosevelt took us off the gold standard, devalued the dollar from $20 per ounce to $35 per ounce, and forced Americans to turn in their gold coins in exchange for Federal Reserve Notes of denominations of $5 and above. But we stayed on the silver standard until 1965, when the value of $1 in silver coins actually rose to about $1.29. This was caused by the inflation that resulted from the insistence of President Lyndon Johnson that we could pay for both "guns and butter" at the same time — to wit, both the "Great Society" and also the Vietnam War.

At this point many people took advantage of the disparity between the price of silver and the value of the Silver Certificate dollars by melting down the silver coins and selling the metal for a profit. In response, the federal government withdrew the Silver Certificate $1 bills, which promised they could be converted to silver, and replaced them with Federal Reserve Notes. The government also recalled all silver coins, and replaced them with coins made from nickel and other metals. Later it did the same thing when the copper in our pennies became worth more than 1 cent.

What did all of this do for the purchasing power of our money? For a comparison, in 1960 the value of a paper dollar and a silver dollar was the same. But by 2010, the purchasing power of that same paper dollar was down to 10 cents, while the purchasing power of the silver dollar had increased to $18. That means that, for example, the real price of a gallon of gasoline has actually decreased in the last 50 years, because in 1960 a dollar bought about five gallons of gas, and a silver dollar can buy more than that today!

Thus it is the irresponsibility of government in not resisting the temptation of printing more money to pay for its spending that has directly contributed to our financial instability. So yet again, and as Ronald Reagan used to say, "Government is not the answer to the problem, government is the problem."

In fairness it must be understood that no country today is still on the gold standard. Instead, like us, each one is on the "fiat" system, which basically means that businesses and private individuals are required to accept the government's currency for all transactions and the payment of debts and taxes. But, fortunately, since 1975 Americans again have been "allowed" by the government to own and invest in gold and silver coins and bullion. Thus in this time of economic uncertainty, many people have converted a large part of their investments into these precious metals.

So now our currency is once again just backed by the "full faith and credit" of the United States government, whatever that means, and it is up to each of us to do what we can to bring back the saying "sound as the dollar" to mean confidence, instead of a wry joke like with the "Continental." This is critical, because the most important way to keep our country safe and secure is to have a strong economy — and the best way for that to occur is for no spending initiatives or legislation to be passed unless they also set forth their source of funding.

For years we have pontificated to other countries that, due to the weakness of their currencies, they should "tighten their belts" and reign in their spending. Well now it is time, for the security of our country, children and grandchildren, that we take our own advice. Please remember that Libertarian thought when casting your vote Tuesday, and in all future elections.

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.

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.

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.

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.

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.

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.

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.

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.