Shingles: the avoidable disease - by Judge Jim Gray

Recently I went up to San Luis Obispo to visit my aunt. One basic rule in life is that family is first, and I try to gauge my actions accordingly. My aunt is experiencing some medical problems, including Parkinson’s disease and the maladies of old age, because she is blessed to be 90 years old. But she also has shingles.

Before she got this disease, I did not know much about it. Now I find that it can be a truly debilitating illness that involves mild-to-severe tingling, itching, burning, or even shooting pain. My aunt is one of those who is experiencing severe pain from it, which she equates to a strong elastic band that is stretched too tightly around her waist. And it hurts her to do everything, including just lying in bed.

Technically this is known as the varicella zoster virus, and it comes from the herpes family. It is the same virus that caused our chicken pox when we were children. In fact, only those who earlier had chicken pox can get shingles. That same virus stays dormant in humans for many years, but can become active again, usually after we turn 50 years old. Medical science’s best estimate of the reason for the flare-up is increased tension and stress.

Fortunately the disease can be avoidable, because now there is a vaccination for it. At the end of 2006, the Centers for Disease Control and Prevention officially recommended that all adults ages 60 and older get that vaccination. I was told that people under 60 can obtain the shot only with a prescription, but for those over 60 a prescription is not required.

People who are most at risk to contract the disease are those over 60, and those who have medical problems that affect the immune system, like HIV or cancer, and those who take drugs that suppress the immune system, such as steroids and medications given after organ transplants. People who never contracted chicken pox will not get shingles, but of course they are still at risk for the chicken pox.

Shingles is usually first evident as a rash or blisters on the skin, typically on just one side of the body. It can rarely lead to really severe complications like blindness and death, and about one in five people who contract the disease will experience severe pain. According to the CDC, about 1 million people in the United States contract the disease each year, and the vaccination is about 50% effective. Once contracted, the disease is treatable, but the earlier it is detected and treated, the better.

Just to be sure about whether I should get the shot myself, I contacted both my family doctor and another medical doctor who is a personal friend and asked them for their recommendations. Both of them told me that they recommended that I get the shot, and the one who is over 60 said he himself had already been vaccinated. So I got it too.

The problem is that the vaccination is expensive. I heard that it was being offered at the pharmacy at a Vons grocery store, so that was where I went. But even that cost me $210. My doctor told me it would have cost $250 at his office. Both doctors told me that my insurance wouldn’t cover it, but the pharmacist gave me the forms to submit anyway.

Given my aunt’s experience, I believe the vaccination is a deal even at four times the price. But why are vaccinations like this so expensive? Well, the simple reason is that it costs a pharmaceutical company hundreds of millions of dollars to perform the required studies before the FDA will certify almost any new drug. And it almost always takes more than a decade for that process to be completed. Often other countries have new medications available to the public many years sooner than we do, and those medications are reducing pain, curing diseases and even saving lives. But our FDA basically justifies the delay and expense by saying that “we can’t be too careful.” My explanation is that “the bureaucracy must be served.”

It may be true in some cases that some new medications could cause harm to the users. But, like anything else in life, there should be a balance. Yes some new medications could cause harm, but waiting those long extra years will also bring harms of their own. Why? Because many of the new medications will themselves save lives and alleviate suffering.

So how can we strike the best balance? Hold the pharmaceutical companies responsible for putting any medications on the market without sufficient research and study by allowing the person harmed to bring a lawsuit for negligence. That is the best way to maximize the benefits and reduce the harms. And this will also significantly reduce the cost of all medications, such as the vaccination for shingles.

Although I am not a medical doctor, based upon what I have learned, I recommend that anyone older than 60 who has had chicken pox get the vaccination. I also suggest people younger than 60 with health problems that put them into any of the categories of greater risk expressly consult with their doctors about getting the vaccination as well. I have passed this information on to you because this disease can be so painful and debilitating that I thought you would want to join me in taking all reasonable steps to avoid it.



JAMES P. GRAY is a retired judge of the Orange County Superior Court, the author of Wearing the Robe – the Art and Responsibilities of Judging in Today’s Courts (Square One Press, 2008), and can be contacted at JimPGray@sbcglobal.net or via his website at www.JudgeJimGray.com.

Books for the ‘resistant reader’ - by Judge Jim Gray

In an earlier column we discussed one of the best ways for young people to expand their horizons and become more sophisticated in the world — and that is by reading. Improved reading skills will also, of course, increase their ability to do well in school, perform well on the SAT, and obtain and hold good jobs in the future. But, unfortunately, there are many young people who have still not learned or even been exposed to the joys and benefits of this wonderful pastime. Recently I spoke to a county librarian about this problem, and she told me that she had prepared a list of books for “resistant readers” with this in mind. I will share it with you so you can assist the resistant readers in your lives.

But first I will give you my own list. It begins with “Fox in Sox” by Dr. Seuss. Picture young children sitting on their parents’ laps and reading together a “story” composed of tongue twisters with crazy characters. This book is fun, challenging, endearing — and silly! When I presided over the Abused and Neglected Children’s calendar in Juvenile Court, I bought numbers of copies of this book and gave them to parents and temporary guardians so that “my” children could enjoy and learn from this reading experience — and bond with the parents and guardians along the way. I strongly recommend that you use this book to do the same!

My other all-time favorite books that will excite and interest children in reading are “White Fang” by Jack London, “Where the Red Fern Grows” by Wilson Rawls, “The Giver” by Lois Lowry, and “The Adventures of Jonathan Gullible: A Free Market Odyssey” by Ken Schoolland.

As you either know or will discover, both “White Fang” and “Where the Red Fern Grows” are stories about the lives of some dogs, and involve real-life problems, relationships with humans and other animals, unfairness, warmth, dedication, emotion and tears that will endure for a long time. “The Giver” and “The Adventures of Jonathan Gullible” involve simplified but not simplistic discussions about principles and choices that will help to confront young (and not-so-young) minds with the real world, and how we all can live our lives more fully and completely.

My librarian friend began her list by recommending that our children read any books by Chris Crutcher, Walter Dean Myers or Gary Paulsen. Then she listed some specific books, which were: “Monster” by Walter Dean Myers, “White Fox Chronicle” by Gary Paulsen, “Touching Spirit Bear” by Ben Mikaelsen, and “Stuck in Neutral” by Terry Trueman.

“Monster” is a story about a 16-year-old boy who is charged criminally with the offense of being a lookout while a murder was taking place. During his trial the boy chronicles the ongoing proceedings in his head in a movie script format, and thereby provides insights into his life before the murder and his feelings about being locked up. Whether he was involved in the murder or was simply in the “wrong place at the wrong time” is constantly on the reader’s mind. “White Fox Chronicle” describes a 14-year-old boy, aka “White Fox,” as he carries out an ingenious escape in the year 2057 from a prison camp run by evil and brutal outsiders who have taken over our country. Then the reader transfers the execution of his plan to liberate the remaining prisoners and punish the evildoers into a formula that gives hope and a chance for all downtrodden Americans to live more successful and productive lives.

“Touching Spirit Bear” tells the story of a teenage bully whose anger resulted in him beating up and severely injuring a ninth-grade classmate. But then a Tlingit Indian parole officer comes into his life and offers an alternative called “Circle Justice,” based upon Native American traditions, in which victim, offender and community all work together to find a healing resolution for what has happened.

With “Stuck in Neutral” we are exposed to a 14-year-old boy who has lost all of his muscle control from cerebral palsy, including the ability to walk, talk or even focus his eyes. Nevertheless, the gentle hugs from his mother, tasting of different foods, and things he thinks about in his head result in an inward happiness. But the boy becomes frantic when he determines that his father, who believes his son’s life is nothing but an endless torment, is thinking of killing him. And the boy has no way of telling his father that he is wrong.

What better way to encourage our young people to turn off the television than learning about the magical world of reading? Of course, many adults could also learn the same lesson. As a personal example, when the Los Angeles Rams moved away from Orange County, I stopped watching or even caring about professional football. The amount of time I saved by not watching these interminable games on television enabled me to write two books and a musical, and to be able to read lots of other books as well. So do the young people in your lives one of the biggest favors you can, and expose them to the wonders and benefits of reading. And I suggest to you that the books listed here are a good place to start.



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 at his website at www.JudgeJimGray.com.

Governing human conduct - By Judge Jim Gray

On my second day of retirement, I went to my son’s high school to speak to his government class about laws and our judicial system in general. And I wanted to share some of those thoughts with you.

If you think about it, there are many ways to make decisions and resolve disputes other than to take them to courts of law as we know them.

Throughout the history of the world, many if not most of the critically important disputes were resolved unilaterally by individual people such as monarchs, chieftains, or family patriarchs. Disputes have also been decided by wars, gunfights, brawls, duels, and other forms of violence; by chance, such as the flip of a coin, drawing of lots, cutting of cards, or roll of the dice; or by hiring a surrogate so that whoever’s knights or thugs or “boys from the ranch” joust or fight successfully against their opponents win the dispute.

Of course, leaving the settlement of disputes up to the leader, luck, or local hero of the day has resulted in many disputes being resolved in an extremely arbitrary manner. But at least those approaches provided the benefit of deciding the issues quickly, decisively, and, in most cases, finally. Still, it is hard to argue that “justice for all” was procured very often.

Another thing that most people do not focus upon is the difficulty of writing laws that address human conduct. Today’s life is often complicated and complex. In fact sometimes life simply is not always what it seems, as witnessed by the fact that once Charlie Chaplin entered a “Charlie Chaplin Look-a-like” contest — and came in third. So addressing and governing human conduct and obtaining reasonable results from our laws are not easily done.

For example, consider crafting a law about one of the more straightforward issues in our society: our system of traffic control signal lights. So I ask you to stop reading this right now, and try yourself to draft such a law — and have your children join you. It will be fun, and instructive.

Such a law would be simple, right? A red light means stop, and a green light means go.

But wait. What about a blinking red light? That would mean that a law-abiding driver could never leave the intersection! OK, so we will make a modification for blinking red lights to allow the driver to progress when it is safe after making a complete stop.

But wait again, what about emergency vehicles? If you are in a life-threatening situation and are being taken to the hospital in an ambulance, will you want the driver to wait patiently at every red light for it to change to green? Or for every fire truck on the way to a fire? Or the police on their way to a robbery in progress? OK, so we must again modify our laws to make allowances for emergency vehicles in emergency situations.

But only for emergency vehicles? How about a husband driving his wife to the hospital when she is delivering her baby unexpectedly right at that moment, or other emergency situations? Or what about the exception in some states, including California, in which motorists are permitted to turn right on a red light after they have come to a complete stop and it is safe to proceed? Woody Allen memorialized this exception in one of his movies by calling it one of California’s only contributions to modern society.

So once again it is hard to foresee every situation in which a modification to the general rule is appropriate and desired. In other words and as we said before, life can be complicated. That is actually one reason why most of the propositions on our ballots are cumbersome and often ill-conceived. Why? Because they have not been subject to much screening or review in which more appropriate and effective language could be hammered out by people who are trained and experienced in this important area. So when problems with these shortsighted propositions are discovered, it is usually left to the courts to attempt to reach a resolution that both makes sense and is constitutional — much to the consternation of many people, particularly if the subject is emotional!

It is also critically important that the rules not be changed without appropriate notice to everyone concerned. Consider, for example, a game of basketball in which the referees decide that since the underdog team had tried so hard and almost caught up to the favored team, they would extend the game by an extra three minutes to give the underdog more of a chance. Or consider a football game in which the referees decide not to enforce the rules so strictly against the smaller and slower team in an effort to make the game more equal. Things like this can rightfully bring disdain for a system and therefore decrease its effectiveness — in sports events, or in any other activity of life. Instead the system must be — and must be seen to be — fair and neutral for all in order to be effective.

So beside fair and well-conceived laws, we need a system of dispute resolution that people will be confident in and will also get the job done. This is the system that keeps us safe, enforces our rights against excessive government intrusion into our lives, and enforces our contracts. Without such a system, civilized and organized life would be far less possible.

We are blessed to have such a system in place, one that applies neutral judicial rules and procedures that are administered by impartial and independent judges and juries. This system has taken a long time to develop. But as a direct result of this development, the Rule of Law has become the foundation of our modern social order and has materially lessened the rule of force and despotic whim — for the good of us all! I hope you join me in appreciating it.



JAMES P. GRAY is a retired judge of the Orange County Superior Court, the author of Wearing the Robe — the Art and Responsibilities of Judging in Today’s Courts (Square One Press, 2009), and can be contacted at JimPGray@sbcglobal.net or at his website at www.JudgeJimGray.com.

The Libertarian philosophy - by Judge Jim Gray

I was a lifelong Republican until I realized my party couldn’t be counted on. Not to protect my freedom or my liberty, and not to be “fiscally conservative.”

So I realized I could not be a part of an organization that did not reflect my values, or the values I believe this country is based upon.

Therefore, I decided to change parties. Where to go? Once I started to check out my options, it took me about two minutes to decide that I was a natural Libertarian.

Since that time many people have asked me what are the differences between Republicans, Democrats and Libertarians. Well, using a little poetic license just to make a point, I will tell you.

Republicans basically act like your father. They will let you spend your own money, but they tell you what to do in your personal life. And if you don’t follow their directions, they will punish you.

Democrats, on the other hand, want to act as your mother. They want to keep most all of your money, but promise to take care of you and spend your money on things they think are good for you. And, of course, they will not trust you to make your own decisions. Why? Because “Mommy knows best.”

Libertarians are completely different. Libertarians treat adults as adults. Make your own decisions, but you are bound by the decisions you make. In other words, Libertarians think you are smarter than any politicians about how to run your financial and personal life.

When people first hear about Libertarian philosophy it seems unsettling. But when it comes down to it, the Libertarian philosophy works. Think about it. Had Libertarians been in control of our federal and/or state government for the last 10 years, we would not be in financial trouble today. Instead we would actually be prospering both economically and sociologically.

But putting attempts at humor aside, what is the Libertarian philosophy? It has its roots in the philosophies of Thomas Jefferson, John Locke and Adam Smith. Of course, it is hard to generalize about any group of people. But simply stated, Libertarians believe in freedom, the Rule of Law, limited government, self-defense and free markets. They also have a basic confidence in the ability of ordinary people to make wise decisions about their own lives.

As an example, Libertarians believe that parents are in a far better position than the government to decide where and how their children should be educated.

Think of it this way. Most of the important institutions in society developed without governmental involvement. Examples are the development of language, money and markets. That does not at all mean Libertarians believe “anything goes.”

To the contrary, Libertarians believe adults should make their own decisions and be free to act as they deem appropriate, but only as long as those acts do not interfere with the rights of others. As a result, Libertarians are actually quite law-and-order minded.

Regarding self-defense, Libertarians agree with Jefferson when he said that whoever beats his swords into plowshares will soon be plowing for somebody else.

But Libertarians rebel at attempts by government to legislate all risks out of existence. They also believe in the “forgotten” 9th and 10th Amendments to the U.S. Constitution, which say that all rights not expressly given to the government by the Constitution are retained by the people.

This might sound like “egghead” talk, but it is important.

For example, nowhere in the Constitution by any stretch of the imagination does it say that government can control things like our healthcare system.

When I was growing up, we probably had the best healthcare system in the world.

Back then no one even raised the issue of not having access to good quality doctors, hospitals and medicines. Emergency Rooms were fully available as needed, and healthcare was reasonably priced. But then government began to take control, and look where it has taken us.

Libertarians understand the answer is not to have more government involvement, it is instead to limit government as much as possible.

In fact, Libertarians will tell you that if you think healthcare is expensive now, wait until it’s “free.”

To bring that point home even further, today there are two areas of medicine where we can still obtain top quality healthcare at reasonable and competitive prices. What are they? Cosmetic surgery and Lasik eye surgery. Everywhere you look you can see ads for these treatments at low prices, easy payments and many other nice benefits. Why? Because they are not controlled by government or insurance. These are places where the free market and individual choice are still in control.

Libertarians know we can reclaim what was once the best healthcare system in the world by bringing back that same free market choice.

Another program that has completely failed, especially for the poor, is our government’s welfare system. Government has trapped the poor on both sides with its bad policies.

On the one hand, minimum wage laws and licensing requirements make it harder for the poor to find that all-important first job.

On the other, it makes not working much more attractive by paying people not to work! (Then government looks at the problems it has created and naturally decides to do more and more of what has been shown not to work.)

In summary, Libertarians understand that a system of market incentives works better. Libertarians do not want to abandon people who are poor, downtrodden and disabled. But they want government “solutions” to be a last resort, instead of the first.

So I hope this has piqued your interest in America’s largest third party. If you would like to give it more thought, I recommend you read a book by David Boaz entitled “Libertarianism: A Primer” (The Free Press, 1997).

And about my new political party?

I believe the more you think about it, the more you will be favorably impressed.



JAMES P. GRAY is a retired judge of the Orange County Superior Court, the author of Wearing the Robe – the Art and Responsibilities of Judging in Today’s Courts (Square One Press, 2009), and can be contacted at JimPGray@sbcglobal.net or through his website at www.JudgeJimGray.com.

Classic liberal, conservative values - by Judge Jim Gray

While accompanying my wife shopping recently, I happened to see a friend of mine. This is a man who has been quite successful in his business career, and whom I met as one of the “powers that be” in the politically powerful Lincoln Club of Orange County. We began talking about the sorry state of our economy and several other matters when he made the comment: “I have harmed our formerly great system of public education.”

Many people have made the truthful comment that our system of public education is failing our children, but I had never heard anyone take personal responsibility for that failure. Even though he has no more control over this system than any other taxpayer or citizen, I told him that I agreed with him, and, of course, felt that I was equally to blame.

Why is that? Because almost literally it is our school system, and if it is not working well it is our responsibility to make it right. Of course, the same thing is true regarding government projects in general.

We both went on to say that this failure has occurred “on our watch.” In other words, it is our generation that has allowed our schools to become such an expensive failure. Similarly we have also allowed our government to borrow and spend itself into such enormous debt. But our generation will not be harmed particularly by what we have done. We will be fine. Instead it will be our children and grandchildren that will have to pay for our poor stewardship. In other words, shame on us!

So what should we do? My friend suggested that we should look back over our nation’s history and determine what has made us strong. What are the values that have helped us to achieve our greatness? What were the choices we made that have worked, and how can we refocus upon our strengths?

That started me to thinking — always a dangerous thing for me to do. In my opinion, two basic things have contributed materially to the rugged individualism and work ethic that have made us strong.

Those things are individual freedoms, and justly and fairly regulated competition in the marketplace, and a system that always encourages people to earn the extra dollar. And the way we can best promote them is to ensure public safety, enforce property rights, public and private contracts, and civil liberties, and hold all individuals, partnerships, corporations and governments accountable for their actions.

Of course, this does not mean that we should go back to the jungle concept of the “survival of the fittest.” But it does mean, all importantly, that we will provide for those who cannot provide for themselves because we want to, and not because we have to. We will still make appropriate provisions for the disabled, the uneducated, and the downtrodden, etc., because that is the type of people we are.

But in essence, we must get back to the fundamental concept that we are the ones that are responsible for our country, not the government. Governments at all levels are simply bureaucracies that will almost always attempt to get larger and more controlling. And in so doing they will increasingly become more expensive and inflexible. Furthermore, it is not an exaggeration to say that governments are driven by two rules. The first is that government is never wrong. The second is that if there is by chance an exception to the first rule, government was at least trying to do the right thing, so it is still right.

But we as adults do not need such overbearing and extremely protective parents. Let government provide for such things as police and a military to keep us safe, and a policy and means to deal and negotiate with other countries. Let it also set up a system of justice for all, and of a stable currency.

And let it also be a last resort to provide food, clothing, shelter, and medical care for those who are unable to provide for themselves.

But otherwise have government get out of the way for those who will provide goods, services and employment for the betterment of us all, just as it has in the past. Remember in this regard that countries are only as strong as their economies. Yes, the civilized world does in fact need government, but government does not create wealth. It only takes it and spends it. As such, it is a drain upon us all.

Similarly, we as adults do not need, or want, government to be in our bedrooms or otherwise to be interfering unnecessarily with our private lives. Our Founding Fathers took elaborate steps to create our Bill of Rights to protect us from intrusive government. But government has been hard at work ever since that time in trying to take our rights away from us. And the more it is successful in that effort, the more our country loses what has made it great. Why? Because the soul of our country is its freedoms. And those freedoms have historically made us the envy of most of the rest of the world.

Actually, when you stop to think about it, what we have discussed here are the classic conservative values of free enterprise, and the classic liberal values of rugged individualism and freedom from the intrusion of government. In other words, what we have described is a Libertarian.

So I propose these ideas to you as food for thought as we enter the New Year. Our country has in many regards lost its way by straying from the values, ideals and responsibilities that have made it great. But, once again, it is our government, and if it isn’t working well it is no one’s fault but our own. In other words, we should adapt our thinking and actions in all regards to the slogan: “If it’s to be, it’s up to me.”

And with that, I sincerely wish each of you a Happy New Year, along with the hope and expectation, with your personal involvement, of much more success in 2009 than we saw in 2008.



JAMES P. GRAY is a judge of the Orange County Superior Court, the author of Wearing the Robe - the Art and Responsibilities of Judging in Today’s Courts (Square One Press, 2008), and can be contacted at his website at www.JudgeJimGray.com

Job loss can happen to anyone - by Judge Jim Gray

Job loss can happen to anyone


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By JAMES P. GRAY
Updated: Saturday, December 20, 2008 6:43 PM PST


I had the good fortune to meet Anthony George Dodero — known to his friends as Tony — when I inquired about the possibility of writing these weekly columns. He was the editor in chief of the Daily Pilot, and he and Brady Rhoades, who was the managing editor, took me to breakfast to discuss the possibilities. Since that time they have both become my friends.

Tony is an American success story. Prior to his graduation in 1989 from the journalism school at Long Beach State, Tony became an intern at the Daily Pilot. His professional goal was to cover national politics, so when he was offered the opportunity to travel with the national press corps and cover part of the 1988 Dukakis presidential campaign, he jumped at it.

After graduation, Tony accepted a full-time position as a reporter with the Daily Pilot. At that time it was an independent paper with 16 reporters that provided full-time political, sports, business and national news, as well as local area news and events coverage in an area including Fountain Valley, Huntington Beach, Newport Beach, Costa Mesa and Laguna Beach. He called this “the greatest job in the world.”

In 1991, since it was being squeezed by both the L.A. Times and the Orange County Register, the Daily Pilot changed its focus and became primarily a local paper for the Newport Beach and Costa Mesa area. In making that change, it tried to create a niche market and outdo its competitors in local coverage. The paper also reduced expenses by cutting out the Associated Press wire service, and reducing its staff down to five reporters.

When that happened, Tony moved to the Huntington Beach Independent. That turned out to be a great move because he was able to work under the direction of Bob Barker, who was a classic old-time reporter. Barker really knew how to get a story, and both taught Tony the ropes of being a good news reporter, and also “what the world was about.”

A few years thereafter, Tony accepted the “primo assignment” back at the Daily Pilot of covering City Hall in Newport Beach. With that he walked into a “gold mine” of stories, in that Newport Beach Chief of Police Art Campbell was being sued by several of his police officers, dispatchers and clerks for sexual harassment, and this provided a large amount of coverage for a full year. And with that exposure came a promotion to city editor.

So what does that mean? What is the hierarchy at a newspaper? For years I have heard these various positions mentioned, but have had almost no idea of what they actually meant. Well, the big boss at a newspaper is the publisher, who, in effect, is the chief executive. Usually that person is not a journalist, but instead deals with business matters, advertisers, labor issues, etc.

The editor in chief reports directly to the publisher and is basically considered to be the “mayor” of the newspaper. He or she is the head journalist and oversees the news operation and officially interacts with the public. But that person almost expressly stays out of the business part of the paper in order to ensure the paper’s integrity.

Why is that so important? Well if, for example, one of the paper’s large advertisers gets into trouble, there can be a tendency for that company to threaten to withdraw its advertising unless the paper “soft-peddles” the story. But in that case the publisher, who is the only one that deals with the advertiser, can rightfully say all of the coverage decisions are made by the editor in chief, and that is a completely separate division of the paper.

The person who oversees the day-to-day news operations of the paper is the managing editor. This is where the “rubber meets the road.” The managing editor decides what the main stories will be and where they will be placed, and also which stories will be the subject of more long-range news investigations.

Those who report to the managing editor are the city editor, who is the teacher or “coach” of the team, as well as the first one who edits the stories written by the reporters, the copy desk chief and the sports editor. Then there is the editorial staff, and they report directly to their middle managers.

The L.A. Times bought the Daily Pilot in 1993, and other local papers as well, with the idea of expanding their total circulation from 1 million up to 5 million. Soon, The Times had a network of 23 local newspapers from as far south as San Juan Capistrano to as far north as Ventura.

And the Daily Pilot was the model for this entire project. The goal was to be better at local community news reporting than the Orange County Register. To some degree, they were successful, because readership increased by 18%.

The problem was that the goal was to expand readership instead of turning a profit. So when The Times was sold to the Chicago Tribune, those bottom-line-oriented people saw that most of those newspapers were losing money. Not surprisingly, the new owner decided to shut many of them down.

This naturally resulted in massive layoffs, and many of those had to be enforced by Tony. He called the laying off of so many of his protégés and friends at the various papers the worst days of his life.

Unfortunately those layoffs have continued. And Tony Dodero, who has always been a star performer, was recently laid off by the Daily Pilot as well. So all of this goes to show that in these difficult financial times, losing a job can happen to anybody — and it has.

But, Tony, we wish you good luck, and I am sure that things will turn out fine.




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JAMES P. GRAY is a judge of the Orange County Superior Court, the author of Wearing the Robe – the Art and Responsibilities of Judging in Today’s Courts (Square One Press, 2008), and can be contacted at JimPGray@sbcglobal.net or at his website at www.JudgeJimGray.com.

To a mind that is still - by Judge Jim Gray

The Taiwanese author Chang Tsu once said “To a mind that is still, the whole world surrenders.” The best way to obtain a still mind is through meditation. But, although most of us have heard about it, what exactly is meditation?

It’s a complicated question. The best definition is that the art of meditation is the practice of learning to contemplate, ponder, focus and reflect on one’s thoughts, with the understanding that our thoughts ultimately influence our decisions. But true meditation is actually the opposite of thinking. Instead, through mental discipline, it transports the “thinking mind” into a deeper state of awareness.

Meditation is a part of many of the world’s great religions. This includes the rich Western history of St. Ignatius Loyola, with his Spiritual Exercises, meditations, prayers and other mental practices, and San Juan de la Cruz and Saint Teresa de Jesus, with their work about the soul looking for the perfect union with God. And it also includes the Eastern history with its inherent involvement with Hinduism and Buddhism.

But meditation is not innately religious. Mostly, the Eastern approaches have also been used in martial arts, psychotherapy and other forms of counseling. More importantly, millions around the world use it effectively in their private lives.

There are at least five major and different types of Eastern meditation techniques. One of them is Mantra Meditation, or a branch of it called Transcendental Meditation, which is what my wife regularly and I sporadically practice. This involves the conscious repetition with the eyes closed of a mantra or word that is chosen by an instructor and is gentle to the mind. The constant repetition of this mantra word facilitates the removal of other sounds and thoughts from the practitioner’s mind. But it is repeated silently and is not to be confused with a religious chant.
Trataka Meditation is accomplished by a steady gaze or concentration upon one particular object, such as an icon, a picture of a restful scene, or the flame of a candle. This is used by many religious systems, and it is also an established yoga technique that sometimes takes the practitioners to the highest level of meditation.

Chakra Meditation is often used for the development of the self; Vipassana Meditation seeks an insight or process of self-observation; and Raja Yoga Meditation elevates the practitioners to reach for a “oneness” that will allow them to give up all worldly pleasures and devote all of their energies to the spiritual awakening of fellow beings.

The non-religious and practical benefits of meditation are numerous. Many people find that setting aside 15 to 20 minutes a day silently to meditate allows them to switch off their worries, develop a detachment from the minutia of their everyday lives, and be better able to keep things in perspective.

Not only does the reflection of meditation bring an inner peace, but it also allows people to spend time with themselves and focus upon the present moment. It can also be used to reduce stress, control thoughts, improve concentration, spontaneity and creativity, and take people beyond simply being free of disease to a condition of obtaining a more peaceful existence. And many people go further and discover a truer life purpose.

Most people report that the beauty of meditation cannot be expressed in words; that it can only be experienced. But it does require instruction and perseverance. I have used it in attempts to gain insights for some of these columns, as well as in other areas that are important to me in my life.

Meditation is adaptable to teenagers as they negotiate their way into adulthood. In fact, it was used in violence- prone and racially charged Hunter’s Point Middle School in Southern San Francisco — for students and teachers alike. Grades went up, and violence and discipline problems went down.

It is also tailor-made for people who are incarcerated. What other people are facing so many frustrations about their lives with so few resources to deal with them and have so much idle time on their hands? Accordingly, this is a perfect opportunity for prisoners. And, when prisoners learn to meditate, their level of aggression toward each other and their guards has been found to go down. For those reasons, more prisons are now encouraging classes on meditation to be conducted in their facilities.

I am not really competent to take anyone beyond this elementary discussion. There are many postures for sitting and techniques for breathing, focusing and chanting during meditation that are well beyond my level of expertise. In fact, some advanced practitioners have disciplined their bodies so completely that they are actually able to breathe in through one nostril and breathe out through the other. But if you are interested in learning more about meditation, I recommend you use the Internet, the Yellow Pages, or even word of mouth to find a competent instructor who fits your needs.

Meditation is an inexpensive but multifaceted technique that does not compete with religious beliefs, but which can be used effectively to transport most of us into a restful alertness that can result in a fuller, calmer, and more insightful, productive, and meaningful life. Or to put it into a different perspective, think of it this way: Anything that has been around for more than 5,000 years must have something special going for it. Try it, and I think that you will agree.

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JAMES P. GRAY is a judge of the Orange County Superior Court, the author of “Wearing the Robe — the Art and Responsibilities of Judging in Today’s Courts” (Square One Press, 2008), and can be contacted at JimPGray@sbcglobal.net or at his website at www.JudgeJimGray.com.

IT’S A GRAY AREA: Grappling with mental illness

IT’S A GRAY AREA: Grappling with mental illness - by Judge Jim Gray

Mental illness has been a part of the human experience for as long as mankind has walked the face of the earth. But within the last several years, medical and legal professionals have come a long way in understanding and being able to grapple successfully with these issues. In fact, there are some really good things that are happening in this area here in Orange County.

Today the largest mental health facility in most counties, including ours, is the local jail. This is mostly not intentional. But when mentally ill and often homeless people congregate and loiter in front of someone’s home or business playing their boom boxes too loudly, urinating in the flower beds or on the sidewalk, sleeping in doorways, or chasing people’s visitors and customers away, residents and business people have no recourse other than to call the police. On the first occasion the police usually take the offenders to a shelter or similar venue. If they keep returning, sometimes the police still drive these people to the city limits and tell them “not to come back.” It is illegal to do this, but it still happens. Otherwise, the police have no other viable choice than to take them to jail.

That is unfortunate because jail is not only the most expensive option, but also often inflicts untold damage upon these emotionally fragile people. But now when they are brought to jail in Orange County, they will be screened and, if the offenses are not particularly serious and they otherwise qualify, the mentally ill will be brought to the team at the Community Court.

Although Chief Justice George made the opening comments at the dedication ceremony at the new Community Court at 909 N. Main St. in Santa Ana on Friday, my dedicated and caring colleague Judge Wendy Lindley has been the leader behind this effort. She has gathered together people from the District Attorney’s Office, public defenders, Probation Department, Social Security, Health-care Agency, and Social Services, and they will work together to diagnose the problems of the homeless, mentally ill, and other people with a “dual diagnosis” of both mental disorders and illicit drug offenses who are generally “self-medicating” their symptoms. Then this team of professionals will pool their ideas and talents in putting together treatment plans backed by the powers of the courts, so that all of these defendants will have a chance to obtain and live at their highest performance level. This is a positive development that we can all be proud of! Thank you, Judge Lindley!

In addition, you should be aware of other resources in our county that are available to help with the problems of the mentally ill. If you need immediate help with a psychiatric emergency, you should call (714) 834-6900 and request assistance from the Centralized Assessment Team. Otherwise, if you need more generalized but non-emergency assistance, you should call Social Services’ Behavior Clinic at (714) 440-6767, or for dual-diagnosis patients you can call (714) 480-6660.

Studies show that only about one-third of the people with mental disorders in our country receive even “minimally adequate” care, and that percentage is far lower for those who are incarcerated or homeless. But it is not any more a crime to be mentally ill and need some psychotropic medication than it is to be diabetic and need insulin. It is often a chemical imbalance in a person’s brain that causes the problems, and medication can often be amazingly successful in helping people to live mostly normal lives.

That is not to say that there should not be safeguards to protect people from being forced unnecessarily to take psychotropic medications. Sometimes lazy medical doctors over-prescribe medications simply to keep their wards more “under control.” But in my years presiding over the Mental Health Calendar in the Superior Court, after hearing expert testimony and witnessing some truly unstable people, I have ordered that they take these medications, involuntarily if need be. And I have seen changes within seven to 10 days that were little short of amazing.

For example, the only time I have ever felt in physical danger as a judge was an occasion in which a man was testifying in my court in one of those hearings. And he was acting in such a truly bizarre and threatening fashion that I physically moved farther away from him. The experts said his records showed that he was a teaching tennis professional from another county who had stopped taking his “meds” while visiting relatives in Orange County. So I ordered that his medications be resumed, involuntarily if necessary.

Within about a week this man was back in my courtroom, and appeared to be perfectly fine. In his testimony he acknowledged that he had a mental disorder, and had forgotten to continue with his medications. And then once he had stopped, he fell into the mindset that he didn’t need them, and that led directly to his mental deterioration. But now that the meds were back in his system, things were fine, and we were joking about how I would never win Wimbledon, etc. And this instance was not at all unusual.

Without governmental and public support of programs like these, the mentally ill by default will hang out in public libraries, receive their medical treatment only in hospital emergency rooms, and be warehoused in county jails. So as you can see, ignoring mental health problems is much more expensive both in human as well as financial terms than addressing them directly. But we are doing pretty well here in Orange County, and I thought that you would like to know.

JAMES P. GRAY is a judge of the Orange County Superior Court, the author of Wearing the Robe – the Art and Responsibilities of Judging in Today’s Courts (Square One Press, 2008), and can be contacted at http://www.judgejimgray.com/ or at his blog at http://judgejamesgray.blogspot.com/

Government belongs to us - by Judge Jim Gray

IT’S A GRAY AREA: Government belongs to us - by Judge Jim Gray 11/09/08

No matter how you approach the issue, when all is said and done, it’s our government, and if it is not working, it is our own fault. In today’s large and complicated world, that is a difficult mantra to accept — but we are “the People” mentioned in our Constitution, and there is no alternative than to accept this as our ultimate responsibility in our democratic republic. Fortunately, the good news is that if we persist, we will often be successful in achieving results.

In that regard, let me tell you a story. As some of you may recall, on Oct. 14, 2007, this column addressed the fact that when a person donated a minimum of $5,000 to the California Highway Patrol’s 11-99 Foundation, the donor was given both a license plate frame and an identification card about his or her membership — that (coincidentally) could be placed next to that person’s driver’s license.

Of course, the strong implication by being sent these items was that the donor would receive favorable treatment from the CHP out on the state’s highways. And I cited in the column some occasions in which that favorable treatment had actually been given.

After the column was published, I sent a copy of it to Commissioner Mike Brown of the CHP, along with a handwritten letter requesting him to investigate the situation, and hopefully cause the 11-99 Foundation to discontinue this practice. The reason for that request, of course, was that our system of justice in traffic court and everywhere else should be entirely free from even the appearance of any favoritism whatsoever.

I received no response to my letter. So a few months later in another column I reported to you that I had not received a response from Brown, and then sent him a second letter, this time accompanied by a copy of both of the columns. Again my letter was met only by silence.

But about four months thereafter I learned that the CHP had a new commissioner named Joe Farrow, so I sent a letter to him, along with an explanation of my request and a copy of both prior columns. Within three weeks, I received a telephone call from his secretary inviting me to have lunch with the new commissioner.

We had that lunch Oct. 21, and at that time Farrow told me he had personally investigated the matter, and concluded that there could indeed be the perception of favoritism in this area. So he had taken action in two ways.

First, he had issued a strong statement to all of his troops that they were not to be influenced by 11-99 Foundation membership in exercising their sound discretion about whether to issue traffic citations or anything else.

Second, he had met with the officials of the 11-99 Foundation and was successful in obtaining their promise to cease the distribution of the license plate frames and identification cards by this coming January. In addition, he had also instigated a movement to recall the license plate frames and ID cards that have already been issued.

This is government at its best, and that was the laudatory message I gave to Farrow. Responsive, responsible, professional and based upon integrity.

I also passed along to the commissioner that in my opinion the CHP was the most professional law enforcement agency in the state, and that I had initiated my request for change so that this deserved stellar reputation would not in any way be tarnished.

In addition, I told him that I felt so strongly about the goals of the 11-99 Foundation, which is to provide support for the widows and orphans of fallen CHP officers, that I wanted to make a donation to it on the spot. And I did, and was proud to do so.

Why am I writing about this experience? Because it demonstrates the fact that we can and do have an influence in our government — at all levels. In fact, if we are persistent, there is little that we cannot accomplish, at least in the long run.

Why? Because in government, like many other situations in life, familiarity does not breed contempt; it breeds access. Another way of saying this is that government is a “contact sport.” So all of us should make advocacy a regular part of our everyday lives. Our form of government depends upon it.

And in that regard, and as we have seen, persistence frequently pays off. Many elected officials have told me that when they receive individually written letters, they attach great significance and weight to them. In fact, they actually have a formula that for every personalized letter they receive, they feel that at least 35 other people in their district probably have the same views. So don’t be bashful about writing those letters.

Of course, your letters will have a great deal more chance of influencing elected officials if you actually can vote for those same officials. This means that a letter you send to your own member of Congress will be much more likely to have influence than a letter you might send to another member outside of your district. In sending that letter you will probably be wasting both your time and postage stamp.

But to take this a step further, if you can get together a group of 10 to 15 voters or more in your elected official’s district who are united and vocal about a certain issue, that would probably be so influential that the odds are overwhelming that the elected officials not only would respond to you, but they would even actually meet with you on the subject at a place of your choosing.

So that is the way we can obtain government at its best. Relationships are power and, whatever your issues are, you can and should turn your passions into that power. Why? Because if we do not have government at its best, we only have ourselves to blame.

James P. Gray is a Judge of the Superior Court in California, the author of Why Our Drug Laws Have Failed and What We Can Do About It - A Judicial Indictment of the War on Drugs (Temple University Press, 2001) and Wearing The Robe - The Art And Responsibilities of Judging In Today's Courts, has a blog at http://judgejamesgray.blogspot.com/. http://www.judgejimgray.com, and can be contacted at www.judgejimgray.com.

A positive world revolution - by Judge Jim Gray

IT’S A GRAY AREA: A positive world revolution - by Judge Jim Gray 11/16/08

Recently while I was flying home from Houston, where I had been invited to speak about our nation’s failed drug policy, I had the good fortune to sit next to a Continental Airlines pilot who was going home to Ventura. And this interesting fellow had an idea that I want to pass along to you.

He suggested that our government offer a prize, or a “bounty,” for anyone who would develop a process or method that would be commercially viable to separate the hydrogen and oxygen elements from water. Then the pure hydrogen could be used as a fuel. Our government would pay anyone who would develop such a process $1 billion, or even $5 billion, and then we would donate the process to the public domain.

Imagine what would happen if something like this could be developed. I believe the more you think about it, the more you will agree that this would be one of the most profound and positive revolutions in the world since the invention of the printing press.

Of course, the separation of hydrogen and oxygen from water can be achieved now, but the cost prohibits it from being commercially viable at this point. Furthermore, it now takes more energy to separate the hydrogen and oxygen molecules than is gained by eventually burning the hydrogen.

But the implications from this discovery would be far-reaching and even earthshaking. It could furnish cheap and viable energy that would come from an inexhaustible source. It would burn cleanly, with the only waste product being water vapor. Hydrogen-burning automobiles and other vehicles would soon be commonplace, with inestimable benefits to the environment. Electricity could be generated from this source of power, which would greatly reduce, or over time even eliminate, our reliance upon the burning of coal, with all of the pollutants that come with that process. And the list would go on and on.

Also, and most importantly, this development could change the face of local and world politics forever. Our country would no longer be reliant upon governments in the Middle East and other corrupt and unsavory governments around the world for their oil. The present status quo seriously strengthens them and weakens us, but this would be forever changed. Further positive results would be both to increase funds available for world trade, which would tend to strengthen both wealthy and poor countries alike, and to allow us to support world civil liberties and rights for the downtrodden without having politically to kowtow to so many repressive despots.

Hydrogen-burning plants could be installed all around the world that would convert seawater into fresh water, and this could allow presently arid regions to raise crops to feed their own people. So this new process in itself could seriously reduce tensions in many countries of the world. In fact, it could even have some beneficial influence on the “tinderbox of the world,” which is Israel and Palestine. Another result would be the reduced competition for water between farmers and migrating fish, etc.

Furthermore, consider the effect this development would have upon our balance-of-payments problem, since we would no longer be exporting billions of dollars per year to the Middle East and elsewhere for oil. This could help our country’s economy and those of most other nations to explode into unheard of productivity.

Now, I agree that this suggestion does some violence to my Libertarian principles of a smaller and less-dominant government, as well as the principle of simply allowing the marketplace to devote the necessary capital to meritorious projects.

In most circumstances, rewards in the marketplace are sufficient to promote needed advances. (”Necessity is the Mother of invention.”) But so far, even though the discovery of such a process would indisputably bring untold wealth to the discoverer, this viable process still remains elusive. So our government’s offering a large incentive or bounty might just do the trick. And providing this process for free to the world would allow new further developments and products to be generated more quickly. So I think a compromise in my personal philosophy would be acceptable.

Will our government put such a plan into operation? Maybe so; maybe not. But a private Manhattan Project-style program to develop plentiful, inexpensive and clean-burning fuel would be one of the best things that our government could do with our money. So I think we should give it a try. What do you think?

James P. Gray is a Judge of the Superior Court in California, the author of Why Our Drug Laws Have Failed and What We Can Do About It - A Judicial Indictment of the War on Drugs (Temple University Press, 2001) and Wearing The Robe - The Art And Responsibilities of Judging In Today's Courts, has a blog at http://judgejamesgray.blogspot.com/. http://www.judgejimgray.com, and can be contacted at www.judgejimgray.com.

No, it’s just the beginning - by Judge Jim Gray

IT’S A GRAY AREA: No, it’s just the beginning - by Judge Jim Gray 11/23/08

Maybe some of you older types like me will remember watching the television police show “Dragnet,” starring Jack Webb. Then you might also recall that, after the crime was solved, they would tell us at the very end of the show that the perpetrator was convicted and sentenced to a large number of years in state prison.

But, as my father used to say, that was not the end. In actuality, when you consider the big picture, it was really only the beginning. But in so many ways in our society, we do not look at or even consider the whole picture.

For example, in the matter of the perpetrators of those offenses, what is the rest of the story? What will happen to them while they are in prison, and what will they be like once they are eventually released? And incarceration is expensive.

Will the taxpayers get their money’s worth by keeping them locked up? What will happen to the perpetrators’ families and other dependents both during the time of incarceration, and afterward? Will the crime victims be better off? As we have seen in earlier columns, all of these are appropriate questions that are seldom even asked, much less answered.

That is not at all to say that people should not be put into prison, and sometimes for long periods of time. Far from it. We certainly need jails and prisons both as a deterrent and as a place for appropriate people to be removed from society for long periods of time. But we must also recognize that about 95% of the people who are sent to prison are eventually released. So we should also do our best to provide opportunities for those people to learn some skills that will reduce the chances that they will return to the antisocial conduct that put them behind bars in the first place.

In other words, in many ways we have to change our way of thinking, and we also have to change our approach.

So as a part of this shift of analysis, we must more fully consider who the people are that we are dealing with. For example, the largest mental-health facility in most counties is the local jail. Imagine the psychological damage that is daily being inflicted upon these mentally fragile people by incarcerating them for minor offenses. Fortunately, and as we will discuss in this column next week, our courts in Orange County are doing something really promising in this area.

But unfortunately, there is little political impetus in most places for the needs of the people who are incarcerated to be addressed so that they can begin to overcome or even address their problems. Wouldn’t it be better for everybody if those imprisoned could be assisted, as appropriate, with drug treatment, anger management, parenting skills, job skills, accurate medical information, and a focus upon intelligent decision-making? We should take an overall approach to this issue. Why? Because the actual goal of the criminal justice system is not to punish; it is instead to reduce crime and increase safety for everyone.

We should also take the long-run approach in many other matters as well. For example, in so many ways when we throw an item into the trash, we think that is the end of the story. But, once again, it really is only the beginning, because we must consider the entirety of the issue. Putting toxic or any other materials into landfills may be a temporary fix (out of sight, out of mind), but as we are now beginning to understand, it brings on many more long-range complications. So when we put something into a Dumpster, flush something down the toilet, or throw something out of our car window, that does not end the story. It really is only the beginning, because there are costs involved with the disposal of virtually everything. And as the old effective advertisement said: “Pay me now, or pay me later.”

And this has now grown to be a worldwide problem, because increasingly everything is connected. China and India are seeing this firsthand. And you may not be aware of this, but the air pollution that is generated in China is now being blown across the ocean here to California and beyond. In addition, places that used to accept our trash are no longer doing so. For example, for many years we shipped our nuclear waste to the deserts of Nevada and buried it there, but people in that state have now closed the door on that activity. And remember that barge of trash that kept being hauled from one country to another because no one would take it? Now more than ever all countries will be forced to confront their own long-run consumption, environmental, trash disposal and recycling issues.

Similarly, we need to adopt the same total approach with issues like education and healthcare. Receiving a diploma from an institution of higher learning is not the goal, it is actually just the beginning. The end goal is not the piece of paper, it is instead being able to learn and apply a skill, and also to comprehend and deal effectively with the complexities of our lives. In the same fashion, the goal of healthcare is not really to get over whatever ailment you happen to have at the moment. Instead the goal is to be healthy.

So in most areas, we as individuals must start taking a holistic or long range approach in our everyday lives, and even more so in government. This means that as voters we should generally be skeptical of candidates who speak mostly in sound bites. Why? Because life is much more complicated than that, and we should consider most simple approaches not as the end of the discussion, but as only the beginning.

James P. Gray is a Judge of the Superior Court in California, the author of Why Our Drug Laws Have Failed and What We Can Do About It - A Judicial Indictment of the War on Drugs (Temple University Press, 2001) and Wearing The Robe - The Art And Responsibilities of Judging In Today's Courts, has a blog at http://judgejamesgray.blogspot.com/. http://www.judgejimgray.com, and can be contacted at www.judgejimgray.com.

Addiction is a medical problem - by Judge Jim Gray

Addiction is a medical problem - by Judge Jim Gray 10/05/08

I was gratified to see that the editorial board of the Daily Pilot endorsed Proposition 5, which is the Non-Violent Offender’s Rehabilitation Act, with the headline “Prison is for drug dealers, not customers.”

They are right, and I commend them for their insight and sophistication.

As I have said in previous columns, it makes as much sense to me to put the gifted actor Robert Downey Jr. in jail for his cocaine addiction, and he certainly seems to have one, as it would to have put Betty Ford in jail for her addiction to alcohol.

Drug addictions are medical problems, and they are better addressed by health-care professionals than by policemen.

But if Robert Downey Jr., Betty Ford, or you or I drive a motor vehicle while impaired by any of these drugs, or engage in any other offense while under the influence, bring them to the criminal justice system.

What’s the difference?

Because now by their actions these people are putting our safety at risk. So the answer is to hold people accountable for what they do, but not for what they put into their bodies.

In my mind, most of the people who support Proposition 5 on the ballot this November agree with that fundamental concept.

Face it: You or I could come home any evening and drink 10 martinis and, if we are 21 or older, we would not be violating the law.

Obviously this would not be a healthy thing for us to do, but as long as we are not putting anyone else’s safety at risk, society wisely has left those problems to be addressed by drug education and treatment.

Why have we not done the same thing with regard to people who use other mind-altering and sometimes addictive substances?

Our great country now leads the world in the incarceration of its people.

And a large number of them are in custody only because they either possessed or were under the influence of some illicit drug.

In fact, a ridiculously high number of people are put back into custody only because they were found to have been possessing or using drugs while on parole.

That is an enormous waste of time, tax money and lives.

And it doesn’t begin to address the many families who are placed onto welfare or children into foster care because their parents and breadwinners are taken away for such things as smoking marijuana or using other drugs.

Proposition 5 will go a long way in giving us judges more discretion to place these people into treatment programs instead of jail. Honestly, they should not be in court or jail in the first place simply for the usage of drugs.

Former arch-conservative Republican Assemblyman Pat Nolan from Glendale used to favor putting lots of people in prison for all kinds of reasons until he was himself convicted of an election fraud and sentenced to prison.

But now he is quoted as saying that there are many too many people in prison who should not be there.

And then he goes on to say that “We should reserve our prison space for people we are afraid of, not people we’re mad at.”

Our jails and prisons are hugely expensive, and all are seriously overcrowded, so I suggest we listen to people like Nolan.

So who is opposed to Proposition 5?

Many good people who have been led to believe incarceration is the answer to these problems.

We all need to take it upon ourselves to spread the word that this approach simply doesn’t work.

Of course, people who are in the prison construction business, and people who are in the prison guard’s union are also against Proposition 5, but that opposition is logically governed by their own economic self-interest.

And I acknowledge that some of my fellow judges are also against Proposition 5 as well.

But for the most part they are still of the belief that drug abuse is a problem that should be first addressed by the police, and then the abusers should be forced into treatment after being placed into one of our drug courts.

So for various reasons they do not want to give up that power over non-violent offenders.

But since drug courts are really expensive to administer, wouldn’t it be better to spend these scarce resources on the drug-addicted people who are actually causing harm to others, and leave those who aren’t harming anybody else alone?

But there is another group that has formally expressed opposition that I hope will, upon reflection, reconsider its point of view. And that is the City Council of Newport Beach.

As best I understand it, the council members are fearful that if Proposition 5 passes then more non-violent drug offenders might possibly come to their city for treatment. I request them to look inward and see if they would really trade having people actually lose their liberty and be sent to prison on the off chance that they might otherwise wind up in a sober-living facility in Newport. That is not to say that there should not be a limit to the numbers of people in treatment in any particular location, but do they really feel that this is the right way to keep those numbers down?

So I encourage you to support Proposition 5. It provides additional funding and other resources for drug treatment. It will reduce the number of non-violent drug offenders in our jails and prisons, and it also give judges more discretion to “call the shots” in determining how these drug users should be handled. And, yes, it will reduce the penalties for the possession of less than an ounce of marijuana.

But most importantly, it will also help judges and other health-care professionals to attack the disease of addiction head on, and thereby reduce crime and the expenses to the taxpayer. And along the way it will also allow us to devote more money and prosecutorial attention to address the actions of the violent offenders who are causing so much harm to us all.

James P. Gray is a Judge of the Superior Court in California, the author of Why Our Drug Laws Have Failed and What We Can Do About It - A Judicial Indictment of the War on Drugs (Temple University Press, 2001) and Wearing The Robe - The Art And Responsibilities of Judging In Today's Courts, has a blog at http://judgejamesgray.blogspot.com/. http://www.judgejimgray.com, and can be contacted at www.judgejimgray.com.

IT’S A GRAY AREA: The subtle nuances words have - by Judge Jim Gray

IT’S A GRAY AREA: The subtle nuances words have - by Judge Jim Gray 10/18/08

Consider this: When we think, we really think only in words or something else that can be written, like musical notes, or mathematical or chemical equations. That means that if some people do not understand the shades of meaning between one word and another, they will be limited in their ability to understand concepts and options in everyday life.

Does this make any difference? I think it makes a great deal of difference. For example, I heard that there are more dialects in the world that have no difference in their languages between the words for “stranger” and for “enemy.” That means as a practical matter that anyone who is a stranger to those people is automatically their enemy. This in turn has probably resulted in lots of needless waste, fighting and lost opportunities.

Even people who do seemingly understand the shades of meaning among words often get too lazy in selecting the most appropriate one for their situation. For example, in my courtroom in many of what we call auto v. auto cases, most attorneys lazily fall back on the tired word “accident” to describe what occurred. But maybe this wasn’t really an accident. What if one of the drivers had been driving under the influence of alcohol or another mind-altering substance, or maybe were involved in some form of reckless driving? Then it could be concluded that this was not accidental, but intentional.

Think about it. What other words could a plaintiff’s attorney use instead of the word “accident” to set the tone for his attempt for a more serious recovery? How about the words “impact,” “collision,” “striking,” “careening into,” “slamming together” or “smash up”? Or from a defendant’s perspective in trying more to downplay the incident, the attorney could, when appropriate, use words like “bump,” “touching,” “grazing,” “coming together” or “coming into contact.”

Another example that everyone should be aware of is that there is a world of difference between the words “solve” and “resolve.” Most of us in the court system realize that you can only find “solutions” for things like mathematical equations. But problems involving human conduct mostly do not have solutions, only resolutions.

Therefore, when people lose an arm because of a defective piece of equipment, nothing can be done to “solve” that problem. Nothing will bring back their arms. All we can do is try to “resolve” the problem, usually by paying them some amount of money. Would most people prefer to forgo the payment and have their arm back? Absolutely yes. That would solve the problem, but that is simply not an option. So all we are left with is a proposed resolution.

The same thing is true regarding almost all other problems we encounter in our everyday lives. There are no solutions, as such. Only resolutions. But if people cannot understand the difference, or shades of meaning, between the two words, those people will unnecessarily submit themselves to extra pressure and frustrations by trying to solve an unsolvable problem.

The same analysis can be utilized for virtually any problem you may be involved with. People with a strong vocabulary understand more nuances, concepts and options. And those are the people who usually get ahead in life.

Look at the issue this way. If you can only discern the colors red, green, blue, yellow and black, you are going to be genuinely at a disadvantage when confronted by a person who, in addition to your colors, can also see, understand, appreciate and describe vermilion, turquoise, cobalt blue and magenta.

So do not lose the opportunity to work to increase your and your child’s vocabularies. This can be done by using vocabulary flash cards, playing word games like “Scrabble” or by simply going through the dictionary with your child, looking at a descriptive picture of a word, and trying to figure out what the word is.

In addition, parents should lose no opportunities to discuss with their children the shades of meaning among different words. (I use the word “among” instead of “between” because the latter compares only two objects, and the former compares more than two.) As another example, there is a difference between the phrase “Mary may climb a tree” and “Mary can climb a tree.” The first discusses permission, and the second discusses ability. There are similar nuances between the words “infer” and “imply,” “courtesy” and “respect” and taking a “risk” as opposed to a “gamble.”

A big distinction to be discussed with children for many reasons is the definition of what a “friend” is. Someone who encourages your child to ditch school, shoplift a CD from a store, smoke marijuana or speak disrespectfully to a teacher, parent, or anyone else is not a friend. Why? Because a friend has your child’s best interest at heart. So someone who would encourage such antisocial behavior may be an acquaintance, or former friend, but not actually a friend.

So we think in words. That means that people’s vocabularies limit or broaden their ability to understand and deal with the world around them. Therefore, a strong vocabulary will not only be helpful for your children on the Scholastic Aptitude Test or on the high school debate team, it will also make a significant difference in how successful they will be in business, their social relationships and almost anything else.

And besides, when it comes down to it, becoming aware of the shades of meaning among words is actually fun. Try it and you’ll see.

James P. Gray is a Judge of the Superior Court in California, the author of Why Our Drug Laws Have Failed and What We Can Do About It - A Judicial Indictment of the War on Drugs (Temple University Press, 2001) and Wearing The Robe - The Art And Responsibilities of Judging In Today's Courts, has a blog at http://judgejamesgray.blogspot.com/. http://www.judgejimgray.com, and can be contacted at www.judgejimgray.com.

IT’S A GRAY AREA: Dear Mr. President - by James P. Gray

IT’S A GRAY AREA: Dear Mr. President - by James P. Gray 10/26/08

If you could have a dinner conversation with our next president, what would you want to discuss? I asked myself that question and, after some reflection, decided I would share the following thoughts with him.

Mr. President, all of us are naturally concerned about our economy, but we are optimistic at heart and know that eventually “This too shall pass.” But my deeper concern is that we will overreact to this financial crisis and stray from the economic framework that made us strong. That framework is based on the principles of the Free Market and the individual accountability that is inherently contained therein, as well as appropriate anti-trust laws and some regulating forces.

But please be mindful that government interference in the marketplace originally led to the problems we are facing. For example, the Savings and Loan Scandal was caused by the government’s FSLIC insuring bad loans, which meant that big mistakes and “oversights” would not result in big losses for the offenders. Why? Because the government could always be counted on to bail them out.

The same thing occurred with this present mortgage banking mess, which was made possible by Fannie Mae and Freddie Mac and the government protections behind them. This situation shielded offenders from being forced to take responsibility for their own malfeasance. And this combined with multitudes of government “supervisors” who were lazy, sloppy and asleep at the switch to cause the problems.

So we don’t need more regulations. What we need is more diligence and accountability. So please guard against an overreaction to these recent problems and an over-correction that would take us to a more minute and all-encompassing bureaucracy, and a further suffocation of our entrepreneurial efforts.

Which, Mr. President, brings me to my next point. Please tell us that you will empower a nonpartisan agency like the General Accounting Office with sufficient investigative powers to supervise our government to detect small economic, ethical and human rights problems before they become large ones. Then mandate that organization to report its findings directly to you, and also to the news media. Being proactive instead of reactive in these areas will not only go a long way in ferreting out and blunting future problems, but also regenerate a faith and trust in government that has understandably been missing for decades.

Next, and all importantly, please tell Congress and the American people that you will veto all spending measures passed by Congress if they contain even one appropriation that you do not believe is appropriate, until such time as Congress delegates to you the power of the Line Item Veto. And then carry out that threat! This is one reform that President Reagan was unsuccessful in passing, but you can and must cause it to occur.

We now understand that, as a political reality, individual members of Congress are simply forced to show the voters back home that they are active in procuring federal funding for lots of pet projects in their districts. This was made abundantly clear when, even in the moment of dire economic crisis, members of Congress wouldn’t pass the so-called “bailout package” until they appropriated an extra $135 billion for their local projects. So let them continue to earn their “political points” back home by continuing this practice. You can be the “heavy” or the “bad guy” and veto this non-essential spending for the good of the country. Let Congress blame you - you can take it!

And then there is the difficult question of Iraq. Mr. President, I want to be clear. Before all of this happened, I took the public position that if we put ground troops in Iraq without the substantial assistance of the world community, it would be the biggest mistake of my lifetime. Nothing has happened since that time to change my mind. But we are now in Iraq, and we must address our present options and, for these purposes, put the past aside. So simply pulling out of Iraq at this point would for many reasons be another major mistake.

Instead, what we should do is two-fold. First, we should send as many private American contractors home as soon as we reasonably can. Then we should give their jobs to Iraqi contractors who should establish new contracts with and then be paid by the Iraqi government. Second, we should require the Iraqi government to pay a fairly small amount of money for each day that each American soldier remains on duty in that country.

That two-fold approach will accomplish three noteworthy benefits. First, it is a simple fact of life that people more appreciate and value the things that they pay for instead of the things that are given to them. Second, both economically and politically these small payments will encourage a reduction in our troops to the smallest levels that will still be sufficient to do the remaining tasks at hand. And third, of course, this will help in at least a small way with our balance of payments problems. Considering their resumed exportation of oil, the Iraqi government should be able to take on these financial obligations, and everyone, especially Iraq, will be better off if this occurs.

Thank you for your time, Mr. President. Regardless of the politics of this past election, all Americans wish you good health, wisdom and fortitude as you guide our fragile experiment in democracy forward for the next four years. And if you ever feel that there is anything I can do to help you in this effort, you can always count on me.

James P. Gray is a Judge of the Superior Court in California, the author of Why Our Drug Laws Have Failed and What We Can Do About It - A Judicial Indictment of the War on Drugs (Temple University Press, 2001) and Wearing The Robe - The Art And Responsibilities of Judging In Today's Courts, has a blog at http://judgejamesgray.blogspot.com/. http://www.judgejimgray.com, and can be contacted at www.judgejimgray.com.

“JUDAISM AND CHRISTIANITY” by Judge Jim Gray

“JUDAISM AND CHRISTIANITY” by Judge Jim Gray 09/07/08

When I completed a draft of this column I forwarded it to several people for their comments, including a local rabbi friend of mine. I want to share his response with you. He said: “I would really like you to talk about the essence of what it is to be a Jew. In ‘Jew,’ J stands for Justice, e for education, and w for worship. Judaism is based on this life and its focus is helping his fellow man. Christianity’s focus is more on the self and of getting to Heaven. They are like two different sports: baseball and football. Jews often get upset when Christians see (Christianity) as the fulfillment of Judaism. Most Jews feel that the two religions emphasize different things. Like Jews have no concept of salvation or grace and emphasize obedience to Jewish law. There are many other differences too, like God has no body in Judaism and there is no concept of hell or the devil. I would like to discuss more about this with you in person.”


I am fully going to accept the rabbi’s invitation, and plan to meet with him for a discussion in about two weeks. I have also invited several classes at Vanguard University to join us. If you would like to meet with us as well, please contact me by e-mail message and I will give you the time and place.


Otherwise, I have learned that a Jew is not a race of people, because race is determined by genetics and cannot be changed. Instead it is defined as either a person whose mother was a Jew, or someone who has gone through the formal process of conversion to the religion of Judaism. But Jews do see themselves as a “family,” and trace their descent from the Israelites of the Bible, or from others who were exiled from Babylon in the 6th Century, BC.


There is no specific dogma or formal set of beliefs that a person must have to be a Jew. To the contrary, it is mostly a religion of “good acts,” where a person must earn God’s forgiveness and favor. Nevertheless, Jews have and treat as holy the teachings of the Torah, which is a divinely-inspired and hand-written parchment scroll that is so sacred that it is only kept in a synagogue, which is the Jewish house of worship.  


To Orthodox Jews the Torah consists of only the first 5 books of the Old Testament. This is “the Law,” and it must be strictly followed in every respect. Conservative Jews generally believe that the laws and traditions must be interpreted based upon the times, except that most observe some form of dietary rules (kosher) and other traditional practices. Jews who are a part of the Reform / Liberal / Progressive Movements generally believe that people can choose which particular traditions to follow. And many non-orthodox Jews believe that the Torah consists of the first 5 books of the Old Testament, which is “the Law,” as well as the next 8 books, which constitute “the Prophets,” as well as the last books, which constitute “the Writings.”  


To this many Jews add the oral teachings of the Torah, which is the Talmud and other collections of writings about Jewish law and traditions. The Talmud contains the arguments, debates, agreements and disagreements of literally tens of thousands of Jewish scholars, who, over thousands of years, have studied each and every aspect of the biblical text in an attempt to distill the wisdom contained therein. One of the best known of these scholars is a 12th Century scholar named Rambam, who wrote the “13 Principles of Faith.”  


This widely accepted document basically teaches that there is only one God, who is unique, eternal and incorporeal, which is to say that He is not a physical being; that prayer is to be directed to God alone and no other; that the words of the prophets are true, and Moses is the greatest of the prophets; that the Torah was given to Moses directly by God; that God knows the deeds as well as thoughts of human beings, and will reward the good and punish the wicked; and that the Messiah will come.


Of course in many significant ways the religion of Christianity evolved from Judaism, since Jesus Christ was a Jew. But Christians believe that Jesus as the Messiah and the Son of God was sent down to earth by God to die for the sins of mankind. By this act, Christians would be forgiven, and could obtain everlasting life by giving themselves to Jesus.


Like Jews, Christians believe in only one God, but they describe God as “Three persons in One.” Therefore God is the Father and Creator; God also is Jesus; and God is also the Holy Spirit, whose being is present as guide, comforter, wisdom and sustainer.


Jesus on the cross unconditionally reaches out to everyone in an attempt to reconcile each person to God as well as to one another. The central theme that makes reconciliation possible is forgiveness. And when forgiveness is put into practice, it is life changing, and even world changing. Why? Because it can break the cycle of violence. At the same time, the contrary life of unforgiveness is a curse.


The three major historic divisions of Christianity are Roman Catholic, Orthodox, and Protestant, and those have many, many subdivisions. The beliefs and practices of Christians come from the Holy Bible, which is a divinely-inspired combination of the Hebrew Scriptures (or Old Testament), and Christian writings (or New Testament).  


But Jesus as revealed in the Bible is understood by most Christians as fully divine, and also fully human. His divinity means that He is understood to part of “the Godhead,” which means that God is fully present. His humanity means that He was an historical figure who felt pain and joy. His teachings are given power by His willing death and His resurrection, which is a clear sign of God’s doing something new in the world. In fact, Jesus is often called “The New Adam” as a way of emphasizing the new beginning He signaled.


Most Christians believe that even though theirs is not a religion of “good acts,” “being Christian” also means that their faith should make a difference in their private as well as public lives. Some denominations go so far as to have lists of “dos and don’ts.” Others avoid lists, except for the Ten Commandments, and instead say to use the reason and intellect that God gave them to “be a little Christ” or to “follow the example of Christ.” Therefore, most Christians believe that their experience of God’s love means they should reflect that love to others through forgiveness and acts of charity and mercy - both individually and for society. This explains the many hospitals, orphanages and educational institutions that Christians have established.

James P. Gray is a Judge of the Superior Court in California, the author of Why Our Drug Laws Have Failed and What We Can Do About It - A Judicial Indictment of the War on Drugs (Temple University Press, 2001) and Wearing The Robe - The Art And Responsibilities of Judging In Today's Courts, has a blog at http://judgejamesgray.blogspot.com/. http://www.judgejimgray.com, and can be contacted at www.judgejimgray.com.

“COMPARING THE WORLD’S GREAT RELIGIONS” by Judge Jim Gray

“COMPARING THE WORLD’S GREAT RELIGIONS” by Judge Jim Gray  09/07/08

For a long time I have wanted to take a class about the comparative religions of the world, but it has never worked out. Nevertheless, and especially considering last week’s column about the dangerous situations all around the world due to the merging of church and state, I thought I would try to learn about and then discuss one or two of the world’s great religions in each of our upcoming columns for the next few weeks. Unfortunately, our public schools seem to have treated this fascinating and critical subject as taboo for many decades, but there is no logical reason for this situation to continue.

Please join me in this endeavor. Each day the world seems to become a smaller place, which means that all of our “neighbors” keep getting closer to us. So it would promote peace in the world for all of us to have a better understanding of each other’s religions, customs and points of view. 

But as we begin, please understand that, although I will consult with knowledgeable people, I myself have no particular expertise or background in these subjects. That means I might at times misspeak or make other mistakes. Please do not take offense if I do, and please feel free to correct me. But if this will make us all a little less ignorant about our own and other people’s religions, it will be well worth the effort.

Of course, let us also not delude ourselves that simply by espousing universal education about each other’s religions, or engaging in interfaith dialogue we will somehow miraculously close the divide among Muslims, Christians, Jews and others. Throughout history, even a common religious background has not deterred significant difficulties among people of the same faith, such as Catholic and Protestant Christians, Orthodox and Reformed Jews, and Sunni and Shiite Muslims. But such efforts will at least allow us to focus upon real differences instead of false or even imagined ones. 

Let us begin by making the point that each of the world’s great religions has similar values of peace, justice and respect for our parents and elders. Of course all of them are quite different from each other in many ways, but their basic values are similar. In addition, it is also true that each of the holy books of the Jewish, Christian and Muslim faiths contain some “problematic” passages that can be interpreted as asserting superiority of its particular faith over all of the others.

For example, a passage in the Gospel of Mark in the Bible says: “He who believes and is baptized will be saved; but he who does not believe will be condemned.” Similarly a verse from Deuteronomy in the Hebrew Scriptures says: “(O)f all the peoples of the earth the Lord your God chose you to be his treasured people.” And also chapter 5, verse 51 of the Koran says: “Anyone who takes (Jews and Christians) as an ally becomes one of them - God does not guide such wrongdoers.” As we have seen, some people in each of these religions have used their interpretations of these passages for their own radical ends. 

But despite these problems, let us try to move toward a mindset of “respect” for the religions, values and beliefs of others, as long as they do not profess or condone violence or subjugation over others, as opposed to a “tolerance” for those beliefs. The former connotes that all people who worship sincerely in their communities are entitled to be respected. The latter basically implies that other people’s beliefs are really mistaken or even silly, but we who have the “true faith” will patronize and humor those people by allowing them to persist in their deluded conditions. 

Actually, the seeds of these articles were planted when I heard Dr. John Huffman include in his sermon at St. Andrew’s Church in Newport Beach a reference to a book written by Charles Colson and Harold Fickett entitled “The Faith: What Christians Believe, Why They Believe It, and Why It Matters.” So I decided that if this book had Dr. Huffman’s “seal of approval,” I would read it. 

I did so, and thus discovered many things I did not know about my own protestant religion. This led to further reading adventures about other religions, which disclosed much additional interesting information. For example, Jews have between 4 and 7 “expressions” or denominations of their religion, depending upon how you count them. Moslems have a score or more, and Buddhists even a greater number. Hindus, Mormons, and other faith groups also have quite a few divisions as well. 

But Christians take the cake. They have literally thousands of denominations or expressions around the world. In fact there are somewhere around 470 denominations in the United States alone. Generally, most Christians see this diversity as both good and bad. It is “good” in that it speaks to how many ways there are to approach God and to worship and follow Him, and it also allows for individual personality and cultural needs. It is “bad” in that it is can be confusing to others, and also because so many of the religious differences are over seemingly small issues. But to summarize, and to quote my own pastor, to talk about Christianity is to talk about differences.

So in the coming few weeks I invite you to join us in exploring the Christian, Jewish, Muslim, Hindu and Buddhist religions, as well as humanist and some other atheistic views of life. We will begin next week with an exploration of Judaism as well as Christianity, which I openly acknowledge as being my faith. And throughout these weeks to come, if you have a different good faith perspective about any of the religions we discuss, please feel free to share it with all of us on the Daily Pilot’s website.

James P. Gray is a Judge of the Superior Court in California, the author of Why Our Drug Laws Have Failed and What We Can Do About It - A Judicial Indictment of the War on Drugs (Temple University Press, 2001) and Wearing The Robe - The Art And Responsibilities of Judging In Today's Courts, has a blog at http://judgejamesgray.blogspot.com/. http://www.judgejimgray.com, and can be contacted at www.judgejimgray.com.