JudgeJames P. Gray is no ordinary judge. In his newest book, Wearing the Robe, he states that as “a judge you are in a visible position to eschew mediocrity and pursue excellence in yourself and others. You can help to mentor our nation’s children and many other people in need. . . . You can speak for society in holding people rightly accountable for their actions, but you can also be understanding, patient, and helpful to people at times when they are most vulnerable. You can be an artist and apply the law not only fairly but also with passion and compassion. In other words, you can be a person who helps bring justice to our land, and thereby you will be a force for peace in the world.”
Gray was appointed to the Orange County Superior Court in 1983. He retired in 2009 after 26 years of service as a bench officer. He is one of the most dedicated and courageous people I have met. His experience includes service as a volunteer in the Peace Corps in Costa Rica, a staff judge advocate and criminal defense attorney in the Navy JAG Corps, a federal prosecutor in Los Angeles and a civil litigation attorney in a private law firm, in addition to being a Republican candidate for U.S. Congress in 1998 and a Libertarian candidate for U.S. Senate in 2004.
He has stood behind numerous causes and worked hard to better multiple institutions. However, his dedication to ending the war on drugs is incomparable. He explained in his book that in 1992, while serving as a trial judge, he held a news conference behind the courthouse in Santa Ana where he “set forth [his] conclusions that our country’s attempts through the criminal justice system to combat drug use and abuse, and all of the crime and misery that accompany them, were not working.”
Many people advised Gray to not go public with his contentions. After all, won’t the public think our judges have lost respect for the law? Some told him he would face serious repercussions and possibly lose his seat on the bench. Further, “some were outraged and wanted to punish me for my comments.” However, in the face of the adversity and uncertainty, he did not waver. He stood up for the truth, because “in short, I had seen our drug laws were a failure, and I simply could not keep quiet about it any longer. . . . Friends tell friends the truth.”
Gray’s position is simple. The problem with the war on drugs is that it has failed in nearly all of its goals. The war on drugs increased violence and the supply of drugs, endangered our communities and children, supported terrorism, destabilized many nations, destroyed numerous families, corrupted public officials, and reduced our constitutional rights. The “war” has attacked the supply without addressing the demand for the drugs. In an interview with Bill O’ Reilly, which is available on YouTube.com, Gray said, “We can have drugs in our system with druglords or without drug lords.” Drugs are a part of our free society; the only way to control them is regulate them to the best of our ability. As he says, “Prohibition never works as well as regulation and control.”
Gray refers us to the fact that the greatest benefactors of the war on drugs are those who supply the drugs and those who build the prisons. In fact, because drugs are outlawed, the U.S. has basically given free rein to cartels, gangs and drug lords to supply the market. This is a highly irrational way for a government to operate, Gray argues. The problem has been a paternal attitude prevalent among most politicians and most of society regarding drugs as evil and as having no place in our society. Gray argues that we couldn’t design a better system than the war on drugs to help gangs and international cartels to prosper. He opines that either we deal with the drug problem “as managers or moralists.”
The Obama Administration has continued on the same tack as previous administrations. In the 2010 fiscal year federal budget, it requested $15.1 billion for The National Drug Control Strategy Budget. This includes: $3.6 billion for treatment to help drug users in need and for intervention, $1.6 billion for substance abuse prevention, $4 billion for interdiction, and $2.1 billion for international efforts to stem the trade. This does not include portions of the $6 billion requested for federal prisons and $7 billion requested for the federal courts in 2010. These figures have increased only slightly since Pres. Barack Obama took office in January 2009, with one exception for a large $1 billion increase in interdiction.
Moreover, the states spend significant amounts fighting drugs. California alone spends about $10 billion a year on its prison system. An estimated 40 percent to 60 percent of prisoners are in jail for drug-related offenses. This does not include funds for police, judicial, and other services.
Gray proposes a system of strict regulation of drugs in the U.S. The states would decide which drugs would be available for sale to adults age 21 years and older, very much like alcohol regulation. Also, the criminal justice system would continue to prosecute those who drive under the influence or provide drugs or alcohol to minors. He also proposes increased resources for education, prevention and treatment. His plan is detailed in his book Why Our Drug Laws Have Failed and What We Can Do About It, published by Temple University Press in 2001.
From Gray’s example we see that as lawyers - and human beings - we will all come to a juncture in our lives when our integrity is tested. This is when our experience and courage will compel us to stand up for what we believe. His example proves that there will always be people who stand in our way and tell us we are wrong. However, his experience proves more - there is nothing that can stop the truth.
Written by Shaun Cunningham, 3L Senior Staff Writer
