Honest appraisals in our times of need - by Judge Jim Gray

Recently I heard KFI AM's Bill Handel say that Southern California Edison is attempting to increase its rates by 7% so that, among other things, it can cover the economic losses sustained by the pension plans of its retirees. Now wait a minute! Almost everybody's retirement plans took big economic hits during this recession, so why would we be required to reach into our pockets to pay for the losses sustained by the SCE workers? Simply stated, this is wrong, and things like this need to be addressed.

Gov. Jerry Brown's proposed state budget is addressing some of these things. Of course it also includes prolonging $9 billion in expiring annual income, sales and vehicle taxes, which is a problem, but it also seriously would reduce spending for some of his political party's favored projects. He deserves credit for that. And it also responsibly proposes a shift of the $1.7 billion annual funding of municipal redevelopment agencies from the state to local governments, which would be great for the state, but tough on the locals. (I say "responsibly," because the more local funding and control of these programs, if we must have them, the better.) Of course, now the city governments are disposing of these monies as fast as they can, so that the state can't get them back.

Further to his credit, the new governor is also urging basic structural changes to the state's prison system, which include having non-violent, non-serious, non-sex offenders, who do not have any previous convictions for such offenses, stay under the guidance of the county courts instead of being sent to state prison. Without question some people belong in prison, but we also must understand that when that happens we will be putting them into a callous and hardened world from which many of them will not return. So it is frequently better to deal with drug addictions and other non-violent anti-social behavior with treatment and responsibility programs while on strict county probation than sending people to the state "correctional" facilities. This will not only save lots of money for the taxpayers, it will also help to address the defendants' underlying problems.

So for his efforts, I award Brown a C-plus, which is much better than the Ds and Fs his predecessors in the statehouse and Legislature have earned. But why is the governor's rating still so mediocre? Because Brown's approaches do not address the real and basic reasons for our budget shortfalls, which are the benefits going to politically powerful labor groups like the prison guard's union, and, even more importantly, public employee retirement benefits.

For example, as recently as 2002, taxpayers in Los Angeles contributed less than $100 million to the Los Angeles City Employees' Retirement System — and that was enough for it to be completely funded. But last year, even though the contributions by taxpayers reached above $400 million, the system was more than $2.3 billion in the hole.

How has this happened? First, almost all of the elected officials on city councils and county boards of supervisors statewide have an innate conflict of interest. The groups that care most about who is elected to these positions, and those who most diligently exercise their influence in the elections, are the public employees' unions. Why? Because these elected officials mostly control what benefits will be afforded to the unions' members.

So once the elections are over, if the newly elected officials do not provide the desired financial results to the unions, they know that the unions will support someone else in the next election. Thus the public officials try to keep their jobs by voting for huge benefits for the unions' employees. Of course this means that no one is minding the store for the taxpayers. So often the final salary used to compute the pension plans of the retiring public workers is inflated by inappropriately, but legally, including such things as overtime payments, car allowances, costs of uniforms and unused sick leave and vacation time.

Second, when employees are forced to contribute to their pension benefits, they tend to choose programs that make more business sense. For example, if the choice were solely theirs to make, many people would continue working longer so they could have Medicare benefits when they retire. That in itself would delay the onset of retirement for five years for the average worker, which would, in turn, cut pension costs by about half. But the employees' unions' intervention with their sweetheart deals change the equation.

The bottom line is that public employees should be required to fund their own retirements through economic tools like 401 (k) programs, just like in the private sector. Then workers would logically fund the programs that make economic and social sense to them.

New York City Mayor Michael Bloomberg says that pensions like this will be his No. 1 priority, and Brown and the Legislature should follow suit. But until this comes to pass, public pension retirement boards should be controlled by financial experts who are hired by financially independent foundations, so those making decisions about pensions can be free from conflicts of interest.

Brown deserves credit for moving the discussion in the right direction. But now you and I must do our part to bring all of our governments back to solid financial footing, and change the pension plan programs for public employees. If not, this will inevitably be done, after a great deal more financial grief, by a federal bankruptcy court.

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.

Ways to protect your home - by Judge Jim Gray

Recently I saw a flier published by the Newport Beach Police Department titled "When a Stranger Knocks" that discusses ways to protect your home. The flier also offered a free individualized home inspection with NBPD's crime prevention unit.

I was intrigued, so I called and spoke to Crime Prevention Specialist Andi Querry about the program, and she gave me some suggestions that even should be used if you live in a gated community.

The first focus of attention is your house's landscaping, especially near the front door. Large bushes and plants, as well as trees with low-hanging branches, can conceal potential burglars from your view and should be removed or trimmed. In addition, $200 will purchase a security camera system that is low tech and easy to install that will greatly expand your vision. Porch lights with at least 60-watt bulbs should also be placed on timers so that they provide illumination throughout the night. And movement detector lights are also helpful, but should only be installed in side areas of the house, where there is not much expected movement from cars, animals or large leaves being moved by the wind.

Starting at the front door, dead bolts are a must. Many doors come with deadbolts but have only small screws holding the strike plate to the door frames. These should be changed to 2- to 3-inch screws, because otherwise the doors can easily be forced open. In addition, if your front door is within 40 inches of a window, the inside of the deadbolt should only be able to be opened with a key, not with a thumb knob. But keep the key hidden from the view of someone standing outside and also keep the key on a large chain so you will not forget and put it in your pocket. Otherwise in a fire or other emergency you could actually lock yourself inside of your own house!

Another important safety device is having a 180-degree view peep hole in all doors that lead outside. These are important so that you can see anyone who is knocking before answering your door, and also for you to scan the area around your door before you do such things as taking out the trash. Of course, you should also be quite careful of people who identify themselves are utility service or repair workers unless you requested the visit. Many times burglars masquerade as those workers to gain access to people's houses, and then do bad things.

Residents should also install hardware protectors on all windows, which are available at most hardware stores. One of the best ways to protect wooden, double-hung windows that open up and down is simply to drill a small hole through the frames of the upper and lower windows, and then insert a long screw or nail into the hole. This will provide protection even if the window lock is breached.

Similarly on outside doors with outfacing hinges, drill a small hole in the top, middle and bottom of the doorframe on the side of the hinges and hammer a strong nail into the door that will fit into the holes when the door is closed. Then those nails will keep the door in place if anyone removes the pins from the hinges while the door is closed.

In addition to their normal locks, all sliding doors and windows should be secured with a wooden dowel that extends the full length of the particular door or window. Using dowels that are cut three or four inches shorter to allow for ventilation allows burglars to use wires or other tools to pop them out and then open the window. But if you really need the ventilation, in addition to the shorter dowel, put a bell on the window that will ring or something like a vase that can fall should someone outside disturb the window. Not only will the noise call your attention to the possible entry, it could very well scare away the potential intruder. But even if you think the intruder has fled, be sure to call the police.

It is also a good idea to install timers on lamps or other light fixtures inside your house so that some lights are on at night.

If you have a pedestrian entrance door on your garage door, be sure it is of solid construction, and that it stays locked. In addition, it is a good idea when you go on vacation either to unplug your garage door opener, or to put a padlock onto its track until you get home. And if you don't have a deadbolt lock on the door entering your house from the garage, you should install one – and use it!

Finally, if you have a burglar alarm system, use it as well. Many times people find these systems can be a nuisance and continually experience false alarms. But the answer is to adjust the alarm systems to fit your lifestyle instead of disabling them.

There are many more tips as well, such as never using companies to feed your pets while you are on vacation that advertise who they are on their vehicles. That simply allows burglars to follow those vehicles to a group of empty homes. And always make arrangements with someone you trust to pick up your mail, newspapers, packages and dry cleaning.

If you have more questions about security in your home, and live in Newport Beach, call Querry at (949) 644-3699. If you live elsewhere, call your local police department. What do you have to lose?

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.

Why liberty is so important to us - by Judge Jim Gray

January 08, 2011|By James P. Gray



The response to last week's column asking our politicians to dare to lead and dare to lose was substantial, and mostly positive. The column closed by commenting that there is nothing wrong with our country that cannot be resolved by us once again becoming Americans!

But what does that really mean? The column last week also said that we became great by our own grit, and by respecting and enforcing private property rights and free trade, and that's certainly true. But fundamentally none of these things would have been effective without liberty. Therefore, when it comes down to it, the strength of America is our liberties.

So that necessarily brings up the question, what is liberty, and why is it so important? The formal definition generally is that liberty gives a person freedom from despotic or arbitrary rule or control. More specifically, liberty gives a person freedom from undue interference by government or anyone else. To look at the impacts of liberty in more depth, I recommend that you read the recently-released book "Why Liberty: Personal Journeys Toward Peace and Freedom," (Cobden Press, Apple Valley, 2010). This book, edited by Marc Guttman, provides the opportunity for 54 different authors to tell their stories about how liberty works where virtually nothing else does.

The first story was written by an African American who discusses a time when he raised his voice in anger while arguing that since blacks had been taken advantage of for so many years, somebody had to pay! Whereupon an older black man, who eventually became his mentor, simply smiled and said: "I don't want nobody's help. Just get out of my way and I can do it myself."

The author never forgot those words, and by following them, he became successful. Then as he grew older, those words became his mantra, because he realized the truth that only he could effectively control his own destiny. And that is what liberty allowed him to do.

Over the years we have taken these stories for granted, and that has led us astray. The problem is that any approach without liberty is inherently self-defeating. For example, for several important reasons, government programs are simply not the same thing as parents or caring private charities. First, they have no flexibility and really cannot discriminate between people who really need a helping hand, and those who are simply lazy or gaming the system. Furthermore, the people administering the government programs really do not have a viable incentive even to make these important distinctions. Why? Because no one really owns the money that the government programs give out; they simply control it.

Private charities are run differently than government programs because they are evaluated by results, not by intentions. Thus in virtually all cases, private charities, which are run by people with liberty, results-oriented flexibility and accountability, yield much better results. One huge example of this is the Orange County Rescue Mission, which is a private organization previously discussed in this column. No government program I am aware of has ever come close.

Another difference between government and private programs is that people who are receiving assistance from private charities are constantly mindful that the generosity comes from somewhere, and it is not their right to receive it. Thus there are much greater feelings of "please" and "thank you" with a private charity, instead of with government programs, where people continually and self-righteously shout about their "rights."

In a similar fashion, the liberty of free trade allows deals to be struck that benefit both sides. This, in turn, breeds a sense of interdependence and trust, and allows those parties to bypass inefficient, protective and often stodgy government bureaucracies. John Stossel illustrated this fact quite well in one of the chapters when he said: "Once established players capture a licensing board, they tend to use their power to stifle competition and keep newcomers out. Every day businesses are killed by 'consumer protection' regulators."

Stossel went on to cite examples of two elderly ladies who liked to knit sweaters and mittens in the comfort of their homes, and then sell their products in local markets, and of another lady trying to stay off welfare by baking muffins at home and selling them door to door to her neighbors. But the authorities closed all three of them down. Why? No businesses were allowed in the home, because they might "disrupt the neighborhood." Of course, this action worked to the detriment of those ladies, as well as their customers, but protected the established businesses, who, in turn, provided support for the government regulators.

In case after case it is shown that the one thing big government is really good at is increasing the intrusion and size of government. That reality also carries over into our political world, as shown by the fact that neither of the two main political parties really ever campaign under the slogan: "If you want something, work and save for it until you can buy it for yourself." To the contrary, all we seem to hear is: "If you want something, vote for us and we'll make others work and save and pay for it."

But the one-word slogan for the Libertarian Party is "liberty." Unlike the two main political parties, what Libertarians promote is not "warm and fuzzy," or based upon the philosophy of what I call "poor baby," but it works. And America will only regain its greatness when we finally go back to it!

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.

Politicians should take a real risk - by Judge Jim Gray

As we enter into the second decade of the 21st century, we should pause and reflect upon probably the largest reality of human life, which is that circumstances change, and those who do not change with them generally drift into decay and irrelevance. With that in mind, here is a request to our nation's political leaders that they change their ways, and hopefully help us change ours, in light of the new realities of our times.

The most fundamental thing that must be done is for our leaders to tell us the truth as they actually see it. And that should be followed by giving us their honest recommendations about what changes should be made. This is simply a matter of patriotism.

As such, they should actually "dare to lose" their coveted elected positions in this process. Why? Because some things are more important in life than political security, and, for the good of our country, this is one of them. We need some honest leadership! So with this request in mind, here is a list of some of the issues that must be addressed, and the sooner the better. If you want a fuller explanation about them, refer to prior Gray Area columns on the Daily Pilot's website or my website www.judgejimgray.com.

Focusing first upon domestic issues, the biggest problem facing our businesses, which are the engines of our economic strength and jobs, is uncertainty in the marketplace. So until everyone knows how much the government is going to intervene in our commercial lives, businesses will not take risks. And when businesses do not take risks, economies stagnate. Thus please make it known that government interferences, as opposed to overseeing such things as breach of warranty and contract, safety in the workplace, fraud and anti-trust violations, are firmly behind us.

Next, recognize that the federal government will not be taken seriously about our budget deficits unless it honestly addresses our entitlement programs, and the same thing is true with the states if they do not honestly address our public pensions. Dare to lose if you must, but our governments will never regain their strengths and balance their budgets until these issues are brought under control.

Also high on the list of issues honestly to address are our educational and health-care systems. Our public kindergarten through 12th grade schools are generally failing our children, while our universities are still mostly the envy of the world. Why? Because the universities compete with each other, and the public K-12 do not. Similarly, our increasingly government-dominated health-care industries are failing, while the health-care professionals who are free of government interference, like those who provide Lasik eye and cosmetic surgery, are flourishing. Dare to alienate some strong special interests by telling these truths and help us regain our prior excellence in these areas.

And then there is our tax system, which must be simplified and made more equitable. The best way would be to repeal the income tax system and the 16th Amendment, and in its place implement something like a FAIR Tax upon the final sale of all goods and services, with a rebate to people with incomes below a fixed figure. This would be a tax that everyone could live with and plan for, and along the way it would stop penalizing people for saving and investing money. Furthermore, everyone would receive a "tax break" without any loss of revenue to the government by no longer being required to keep all of these records and pay for the preparation of their income tax returns.

Also please say publicly what so many of you have told me privately, that our nation's policy of drug prohibition has failed and is actually hopeless. All you have to point to is two things. First, under our present system these drugs, harmful though they can be, are freely available to anyone who wants them, especially our children. And second, show what evils are being done around the world by the money from the sales of illicit drugs. In that regard, look no further than Mexico, and the chaos, corruption and violence that are being fostered solely by drug money. And, of course, those evils are increasingly coming into our country as well!

Regarding our foreign policy, help us to understand that realities have changed. In today's world we neither can nor should we try to police the world virtually by ourselves. This is true both because we can no longer afford it, and because we simply cannot impose our will upon others without their desire and cooperation.

Thus our military policy should be controlled by two prongs. First, we should get involved militarily in various problem areas around the world only if the world community decides to participate in that action, unless that matter expressly affects our own national interests. Extremists like the Taliban are as much a threat to Germany, China, Russia, Turkey and Japan as they are to us, and unless those countries choose to participate in whatever action is going to be taken, we should not be involved.

Second, in places like Iraq, Afghanistan, the Sudan and others where extremists are attempting to impose their own selfish will, we should as publicly as possible let the people in those countries know that they will have to control their own destiny. Thus they can choose either to live with anarchy or with freedom — and act accordingly. We cannot — and do not want to — control their country, religious beliefs or lives. We can join the world community in helping them to live in freedom, if they request it, but the fundamental choices about how they will live their lives will have to be made by them.

Finally, and superseding everything else, remind us that our country rose to greatness by our own grit, and by respecting and enforcing private property rights and free trade. There is nothing wrong in our country today that cannot be resolved by us once again becoming Americans! If you do this, we will have nothing to worry about in the coming year, or beyond. And with that, Happy New Year!

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..

Correcting mistakes of Prop. 13 - by Judge Jim Gray

This column has already discussed the "sacred cow" issue of Social Security, and I have not (yet) been run out of town, so summoning up all of my courage, I will now turn my attention to a discussion about correcting the mistakes of Proposition 13.

Proposition 13 was passed with more than 84% of votes in June 1978 by California voters who were (appropriately) angry about the never-ending raising of their property taxes. The ballot measure, which was opposed by most legislators and virtually every city and county government in the state, put a ceiling on property tax assessments at 1% of the assessed value, and also placed a limit of 2% on how high property taxes could be raised in any one year. And those assessments and formulas could not be changed unless and until the real property was sold.

Unfortunately, over time there surfaced at least three substantial inequities with this ballot measure, which, to this day, people are afraid even to discuss, much less rectify:

First, large corporations, which seldom sell their real property, have been the gigantic beneficiaries of these reduced taxes. Thus every year since the early 1980s, businesses like Southern California Edison and oil companies have paid substantially lower taxes on their real property than other more transient businesses. This was almost certainly not intended by the voters.

Second, Proposition 13 has resulted in a huge discrimination against more recent buyers of real property. This includes most of our grown children who are trying to enter the real property marketplace for the first time. The higher adjusted tax base has also retarded new home construction, and that is even before considering the additional expenses of Mello Roos. In addition, it has further resulted in numerous people being forced to make decisions about whether to buy or sell real property for tax reasons, instead of personal, family or business reasons.

And third, Proposition 13 has resulted in people who are living next to each other in virtually identical properties having widely disparate property tax bills. In my own case, I am still annoyed that when I moved into a house in North Santa Ana, my neighbor, who had a house and lot half as large as mine but who had owned his property before the Proposition 13 era, paid less than half the property taxes than I did. I felt then and still feel now that this was fundamentally inappropriate.

Thus, as people are beginning seriously to look at government and its financing, it is time to make our property tax system more fair, and, yes, it is also time to provide some more money to our deficit-ridden governments and school districts, by correcting the proposition's mistakes. But before doing that, we must ensure that the activity that generated the legitimate voter anger cannot be repeated, and that the homes of those people on a fixed income are not put into jeopardy.

Part of the outrage in the 1960s and '70s was that there were numerous uncovered scandals in which local tax assessors had been rewarding friends and allies with artificially low tax assessments. But, fortunately, today there are more protections, transparency and scrutiny in those assessments. Nevertheless, those safeguards should be reinforced.

Of course, it is much easier to point out the problems with a system than it is to make viable recommendations about how to make it better. Nevertheless, I will try. My suggestion is to go back to having all real property assessed every two years, regardless of when it was bought or sold, but the owners would be required to pay somewhere between a half or two-thirds of a percent of the assessed value each year in property taxes instead of the present 1%. And for those people who are over a set age limit, such as 60, and only if they so choose, all property tax increases could be deferred until the eventual sale of the house, with interest on the balance being paid to the government.

Probably by this time some of my Libertarian friends are having a coronary just thinking that their colleague is discussing the possible raising of property taxes in some instances. But this is a real problem, and the inequities and harmful disincentives should be addressed, and this approach would both be more equitable for more recent buyers, and also raise more revenue overall because those are who now paying artificially reduced rates would be placed on an equal assessment scale.

So please think about this proposal, and give me your thoughts. How else can we reduce inequitable tax disparities, stop unnecessarily punishing our children as they are trying to enter the financial world, not put people on a fixed income more at risk, and also provide some needed revenues to our schools and other institutions that are being forced to cut expenses beyond productive limits?

The "I've got my protections and I don't care about you" state of mind is not the way a government or the tax laws should be run. Yes, taxpayers truly need protections from politicians, but overall fairness to as many people as possible should also be a part of the equation. This suggestion may not be perfect, but your "homework assignment" as we enter the new year is either to refine and promote this suggestion, or to come up with something better. The status quo is not acceptable.

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.

When it comes to kids, teach and love them - by Judge Jim Gray

I never even held an infant until my son Bill was born. It wasn't that I was averse to small children, it's just that I was never really exposed to them, or given any training about how effectively to raise them as they grew up. So with the understanding that there must be many other people out there just like me, my Christmas gift is to pass along to you various tips and suggestions I have learned over the years about raising children. If you find them to be helpful, pass them on, along with your own comments and recommendations, to young parents as they are doing the most difficult but also the most important thing a human being can do, which is to raise children. Everyone deserves a happy childhood to look back upon. That is certainly not completely possible in the real world, but at least we can get closer to that goal.

To start at the beginning, understand that babies cry. Sometimes, of course, it is for a good reason, and that reason should be addressed. But once they have been fed, burped, changed and put to bed, leave them there. It's almost as if babies are human, because if you reward them by holding and petting them each time they cry, that's what they will learn to do. So let them cry if they must.

Also develop the team approach that if one parent gets too frazzled by the baby's crying, or bad behavior, that is the automatic time for the other parent quickly to take over. Obviously it's hard to raise young children, and sometimes we can lose our tempers when we are stressed or tired. So team parenting is the answer. Actually along these lines, when I was in the Navy, it was well-publicized that if one parent was away and the remaining parent was overwhelmed by their small children, all they had to do was come to the Naval Hospital for a two-day respite. I think this was a sophisticated and healthy approach. Of course grandparents can also fulfill that function, for the benefit of everybody!

After they begin to talk, young children should also be taught to use words instead of whining, even when having a temper tantrum. If they are not able to use words, it means that they are too sleepy to behave, so it is time for bed.

On another matter, never make idle or false promises to your children. So, for example, if you say that your children will be put to bed if they continue to whine, you simply must follow through!

Providing boundaries is also one of the most important things that can happen for their positive development, because that will leave them in a position to thrive inside those boundaries. And equally important for their development into well-adjusted young adults, they also need to know that if they stray outside the boundaries there will be adverse consequences.

One of the greatest and most rewarding things a person can do with children is to teach them the joys of reading. Not only is it genuine fun, the rewards in later test scores will be substantial.

Then do yourself, your children and society a big favor — turn off the television and eat as many meals together as a family as you can. If you develop the habit of talking to each other about what happened to them that day, it will put each of you more in tune with each other, help you lead a closer and fuller family life, and create genuine and lasting positive bonds.

Similarly, if you or your spouse speaks a foreign language, try to use it as often as possible in your household. Children can learn languages without even trying, and if you teach them a second language you will be giving them a truly important and lasting gift.

Of course, children really are like sponges in virtually every other manner as well. They not only will mimic what you do and say (for example, if you hear your young child using a swear word, you will not have to look far to see where it came from), they will also follow your ethics.

Allow your children to take on more responsibility. One way is to give them a reasonable amount of money each week as an allowance, but then have them pay for things like their own haircuts, movie tickets, ice cream cones and, when they are much older, gasoline and oil changes. And have them get a job — any job — first around the house and then with some business. That more than anything will teach them the value of money, which is a necessary ingredient of responsible living.

My final five random thoughts are, first, to love your children openly and fully, and tell them so frequently both with words and hugs. Second, there is a great deal of truth in the comment that the most effective mother is one who is firm beneath her gentleness, and the most effective father is one who is gentle beneath his firmness. Third, just as it is the duty of parents to teach their children responsibility, it is also the duty of grandparents to spoil their grandchildren!

Fourth, the best thing a father can do for his children is to love their mother. And fifth, slow down and enjoy your children every step of the way. My baby girl just had her 35th birthday last week, which is to say that children grow up quickly. You will never regret spending time with your children while they are young. In fact, that joy will probably be one of the greatest experiences of your life!

JAMES. P. GRAY is a retired judge of the Orange County Superior Court, the composer of the Chapman University fight song "Second to None," and can be contacted at JimPGray@sbcglobal.net or http://www.JudgeJimGray.com.

Are TSA procedures really making us safer? - by Judge Jim Gray

Last year, thousands and thousands of Americans at the airport lost at least 30 minutes of their lifetimes by standing in longer lines and complying with all of the TSA's increasingly laborious, invasive and time-consuming restrictions.

Has anyone ever done a cost-benefit analysis on these security checkpoint programs? TSA has about 60,000 employees, and today there are about 350 full-body scanners in operation in about 70 of our nation's airports, with about 1,000 expected to be operational by the end of 2011 All of this costs more that $10 per passenger per screening. That also means that those of us who pose no danger will be forced into enhanced scannings at the airports that have them, but the terrorists will simply choose to begin their flights at airports that do not yet have those procedures, like ours here in Orange County.

How much safer are we because of the loss of time and added costs? If anyone really knows, they aren't telling. Why is that? For that answer, one must understand governmental bureaucracies, which are driven by politics.

First, it doesn't matter how much time and money are spent or wasted, or how many millions of passengers are inconvenienced, forced to be humiliated or unnecessarily exposed to radiation, if even one person is injured or loses his life to a terrorist, the TSA will be in political trouble. Thus, the TSA has every incentive to avoid every conceivable risk — regardless of the probabilities, privacy intrusions or expenses involved.

Second, politicians thrive when they are seen as fighting against enemies of the state. So now it is the "terrorists" who furnish the excuse for our government to deprive us of our liberties, take more of our money, and, along the way, keep the very politicians behind this "movement" firmly in power. Over time other groups have also been used to justify such actions, such as Muslims, communists, Jews, atheists and more. Of course, many dictators in other countries around the world have clung to power in a similar fashion by citing the United States as their common enemy.

Thus we need to have some responsible party intercede in the process, do a cost-benefit analysis, and give us recommendations about how to go forward. But in this we also must be realistic and understand that there is no way that our safety can actually be guaranteed in today's world. As a practical matter, all a suicide bomber has to do to terrorize our country would be to detonate a bomb in the line of people at airports waiting to be screened, or do the same thing at any theater, train station, athletic stadium or highway bridge or tunnel in our country. How could we possibly protect all of those places? Furthermore, terrorists don't even have to be successful, because simply attempting their various plots seems to be keeping us terrorized enough.

So how can we defeat the terrorists? Simply by taking reasonable and logical precautions, relying upon the most effective counter-terrorism device we can use, which is good and timely intelligence, and then simply refusing to be terrorized. That will render the terrorists ineffective.

In the meantime, we passengers are now faced with the choice of going through a full-body X-ray scanner, being subjected to a highly intrusive full-body pat down, or simply choosing not to fly on airplanes. The body-scanner X-ray machines are euphemistically called "naked scanners" because they provide graphic images of our bodies, including genitalia, breasts and other personal effects like urine bags, sanitary napkins and padded clothing. And regardless of their training, it is irresistible for TSA employees, just like any other human beings, to gawk at what they are seeing. In fact, so far several reports have cited situations in which the scanners have been used by TSA employees to humiliate some of their fellow workers who were going through the procedure.

The government says that the amount of radiation put out by the scanners is not dangerous. But, unlike the X-ray machines in your doctors' offices, once they are in operation, the airport scanners are mostly not required to be calibrated any further, so no one really knows how much radiation they are emitting. And even with limited exposure, the radiation is directed at the passenger's entire body, and no one knows the effect it will have upon the corneas of the eyes, which are the most sensitive areas for radiation damage.

The government also says that no visual records are kept of the screenings, but there is much information to the contrary. That information says that individual screenings can be maintained and even transferred to prosecutors, if necessary, for evidentiary purposes. If that is true, then the TSA has the largest library of child pornography in the world.

If passengers "opt out" of the full-body X-ray scanners, they will be subjected to an enhanced, genital-groping body pat-down, which would be classified as a sexual assault in any other context. In fact, newspapers have been full of truly concerning stories about these pat-downs. My own wife tells of having been completely "felt up," as she was recently going through the screening process at LAX. In some respects, I'm glad I wasn't there, because I would probably have had difficulty controlling my anger!

What would be a better approach? The answer is to privatize security screening and allow each airline to choose the most appropriate procedure. The private sector is much better equipped to adopt a cost-benefit analysis that will balance the issues of safety, intrusion and cost. Then probably most airlines would adopt the approach that is used by Israel's El-Al Airlines, which is simply to take people aside and talk to them.

Analyzing people's behavior through observations, conversation and the use of databases, plus focusing upon those "red flag passengers" who paid in cash, are only traveling one-way or don't have much luggage will go a long way in exposing realistic criminal threats. We spend much too much time, energy and money in the name of political correctness searching harmless travelers, and too little focusing upon legitimate potential threats. That must change.

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

Gratitude for 'Cups of Tea' author - by Judge Jim Gray

Editor's note: Instead of his regular column, James P. Gray this week has decided to share a letter he sent to "Three Cups of Tea" author Greg Mortenson.

Mr. Greg Mortenson

Central Asia Institute

P.O. Box 7209

Bozeman, Montana 59771

Dear Greg,

In your travels, and carrying out your many obligations in helping to establish schools for boys and girls in Pakistan and Afghanistan, you meet many people. As such, you will probably not recall me, but I was the last person for whom you signed a copy of your latest book, "Stones into Schools," after you gave your presentation at Freedom Fest in Las Vegas in January.

During our short time together, I tried to communicate to you my pride in what you are doing for Pakistan, Afghanistan, our great country and the world in helping to educate so many people — especially girls. This is certainly not easy in Central Asia! Now that I have finished reading your new book, I am even more in awe of your accomplishments.

Not only has your Central Asia Institute been successful in building schools and educating people, you have put into reality the lesson we tried to learn in the Peace Corps, which is that a project is only really successful if it can get along without you as the founder. This you demonstrated by CAI's assistance, but without your personal involvement, in the building of its most distant school — almost literally on the roof of the world — in Bozai Gumbaz in Northern Afghanistan. Congratulations!

From my perspective, you are actually doing what other people and even governments only really dream of doing. For only modest amounts of money you are building institutions of literacy, self-confidence, self-sufficiency and global good will. In other words, like the sub-heading of your book says, you are promoting peace with books not bombs in Afghanistan and Pakistan.

To further that wonderful effort, please accept not only this enclosed financial contribution, but also my fervent thanks and best wishes. And also please receive my strong hope that you will take extra precautions for your safety in the future while you travel in these dangerous and remote areas in these difficult times!

But this letter also comes with a request. During our brief discussion, I mentioned to you my deeply felt belief that our nation's policy of drug prohibition is literally causing almost unimaginable problems here and all around the world. Yes, many of these drugs can be harmful, but it really is the drug money that is causing the greatest harm. So I particularly noted the comments in your book about the damage inflicted by the Taliban due to the growing of the poppy flower to make opium and heroin, and the resultant problems with addictions and smuggling that come from these acts.

So my request is that you use your future presentations in part to tell people the truth as you have seen it on this subject, wherever it is. My own understanding of that truth is synthesized by a quote from Winston Churchill, who said that "If you destroy a free market, you create a black market." From your perspective, and using your insights, please tell the world what this black market has done in Afghanistan and surrounding area, and the results you have seen.

From the deepest part of my heart, thank you again for what you have done and for what you continue to do. I know that CAI is not faith or religious-based, but nevertheless you are truly doing God's work.

Of course, so much remains to be done. Like you say at the end of your book, today there are over 120 million school-age children on this planet who remain illiterate and are deprived of education — two-thirds of them being girls — due to gender discrimination, poverty, exploitation, religious extremism and corrupt governments.

You further tell us from your own observations that educating girls leads to increased income not only for the girls, but also for their families and nation. At the same time educating girls generally increases nutrition and sanitation and reduces the birthrate, and infant and maternal mortality. Plus, educated women are more likely to insist upon the education of their own and neighboring children — especially the daughters. And in addition, educated girls and women are more likely to stand up for themselves, resist violence, and take part in government, which, in turn, reduces violence and corruption in government.

In our military actions in the regions you serve, our government is also trying to achieve the same goals as you are, but with fewer positive results, and a great deal greater human and financial cost. Why has the Taliban not attacked the schools your organization has established? Because the elders and other leaders of those communities requested the schools to be built in the first place, and actually provided the land, labor and some of the materials for the construction. Thus, attacks on those schools are seen as an attack upon the communities themselves, and the Taliban does not want to alienate those communities. In fact, in some cases the communities have persuaded the Taliban that an attack upon the schools would be seen as an insult to Islam itself!

Greg, you have been responsible for effective and lasting positive change in one of the most difficult regions of the world. I have met you, and even with all of your success, you are truly a humble man. But in reality you are a gift to us all. So thank you again for what you are doing for the world. Bless you, and go with God!

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.

'Oh, beautiful, for spacious skies' - by Judge Jim Gray

This Thanksgiving weekend I celebrate our national parks and other gems administered for us by the U.S. National Park Service. One thing that I want to do before my life ends is visit all the national parks. So far, I have visited 26 of those 58 parks These parks have been especially set aside for a reason, and each one I have visited makes that reason unequivocally clear. And if you are at least 62 years old, like I am, and have purchased a Senior Pass, that could be the financial deal of your life!

But let me ask a question that probably only a few of you will be able to answer. Which national park is closest to us here in Orange County? No, it is not Death Valley, Yosemite, Sequoia, or Kings Canyon. It is the Channel Islands National Park. This is a wonderful place to explore on a sea kayak, with lots of sea caves and a few tunnels, and a place where bird and sea life are in abundance. Commercial boats can take you there from both Oxnard and Ventura harbors, and I strongly recommend a visit.

As you probably know, the first of our country's national parks was Yellowstone. It was founded by an act of Congress in 1872, and the park was officially set aside as a "pleasuring ground for the benefit and enjoyment of the people in order to protect for all time this outstanding natural area."

If you get the chance, stay at the Old Faithful Inn, which was completed in 1904 and is probably the world's largest log cabin. When you take a tour of the Inn, be sure to see the room where Teddy Roosevelt stayed on one of his visits. It is one of the few rooms where you can view the eruption of Old Faithful from one of the inn's windows.

The National Park Service today administers 393 individual locations covering more than 83 million acres in the United States, American Samoa, Guam, Puerto Rico, and the U.S. Virgin Islands. These include national parks, battlefields, historical parks, cemeteries, monuments, heritage areas, preserves, sites, trails, parkways, seashores, and recreational areas. Information about each site can be found online in the 131-page 2009-2011 National Parks Index.

The park service also administers one international historic site, at Saint Croix Island in Maine. This was the first stopping point for French settlers in the New World, and the place where 35 of the 79 men who stayed there in 1605 did not survive the winter. The following spring, the survivors moved on to found the first permanent French site in the Western Hemisphere at Point Royal in Nova Scotia.

As of 2008, the top ten most visited national parks, in order, were the Great Smoky Mountains in Tennessee and North Carolina; Grand Canyon in Arizona; Yosemite here in California; Olympic in Washington; Yellowstone in Wyoming, Montana and Idaho; Cuyahoga Valley in Ohio; Rocky Mountains in Colorado; Zion in Utah; Grand Tetons in Wyoming; and Acadia in Maine.

California and Alaska have the largest number of national parks with eight apiece, followed by Utah with five, and Colorado with four. The largest of the parks is Wrangell-St. Elias National Park in Alaska, which covers 13.2 million acres, and the smallest place administered by the service is Ford's Theater National Historic Site in Washington D.C., where Abraham Lincoln was assassinated. (If you have the opportunity, try to attend any show at the Ford Theater. The experience of sitting there with the omnipresent flag-draped presidential box presiding over the theater is not to be forgotten.)

Yosemite Valley is God's gift to mankind. Actually I believe that if I were to find people who did not believe in God, all I would have to do is take them to Yosemite Valley and that in itself would change their minds. And, although it is much too expensive, one of the great things a person can do in Yosemite is to attend a Bracebridge Dinner at the Ahwahnee Hotel during the Christmas season. We did it once, which was enough, but we were lucky that it also happened to snow that evening. The next morning with the fresh snowfall all over the cliffs, trees, and grounds, Yosemite Valley was the most beautiful site I had ever seen.

But don't just stay in the valley. If you get lucky in the annual lottery, go to the camps in the high country of Yosemite. There are about five semi-permanent camps up in the mountains with tents on cement slabs, cots with feather comforters, and wood-burning stoves. In addition, the staff greets you with fresh lemonade when you arrive, prepares nice hot dinners and breakfasts for you while you are there, and also sells picnic lunches that you can take with you as you hike or horseback ride the nine to 12 miles to the next camp.

Another of my favorite trips was in the Boundary Waters Canoe Area and Voyageurs National Park, which are between the Minnesota and Canadian border. In the canoe area you can only use non-mechanized transportation, and, yes, you do have to sleep on the ground, but what a remarkable place! It has not changed at all from the days of the French-Canadian fur-trading Voyageurs of the 18th Century.

Acadia National Park on the Atlantic coast is also a real gem. But the whole time I was there I kept thinking that, yes, this is wonderful territory, but it really does not have the rugged beauty of Big Sur in Central California. Why Big Sur is not a national park I really don't have a clue.

But aren't we fortunate that people like John Muir, Teddy Roosevelt, and other advanced thinkers acted to set aside these natural pieces of heaven? We have many things for which to be thankful on this Thanksgiving weekend, but one of the big ones is the purple mountains' majesty and other places of nature and history that have been set aside for us all. God has indeed shed His grace upon our America, and has crowned our country with that grace from sea to shining sea. Let us all remember to appreciate what we have – and give thanks!

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

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.