Rave Radio: Offline (0/0)
Email: Password:
News (Media Awareness Project) - US CA: Judge Makes News Along With Rulings
Title:US CA: Judge Makes News Along With Rulings
Published On:2001-08-26
Source:Los Angeles Times (CA)
Fetched On:2008-08-31 20:00:37
JUDGE MAKES NEWS ALONG WITH RULINGS

Profile: Jurist James Gray, A Vocal Critic Of The Nation's Drug Laws, Is
Often At The Center Of Controversial Cases.

He describes himself as a conservative judge in a conservative county. But
many of those who have watched the career of Orange County Superior Court
Judge James P. Gray said his approach to the job is anything but traditional.

His record--part rebel, part reformer, part conciliator--has kept him in
the limelight.

A decade ago, Gray's call for the legalization of drugs prompted the county
sheriff to quip, "What was this guy smoking." and a fellow judge openly
questioned his impartiality on the narcotics issue. But Gray hasn't backed
down. And now, he finds himself at the center of two more high-profile
cases that have kept him very much on center stage.

Last week, he brokered a landmark $5.2-million settlement between the
Catholic Church and a man who claims he was molested during his teenage
years by a priest. By all accounts, it was Gray's handling of settlement
talks--one part delicate, one part firm--that led not only to one of the
largest payouts by the church but also to a slate of church reforms aimed
at preventing molestation by priests.

Gray also entered the heated battle over whether to build an airport at El
Toro, shocking both sides by throwing out a new voter referendum on the
issue. An appeals court on Friday overturned his ruling.

Gray even played a bit part earlier this month in the case of a former
college classmate accused of murder.

Far from the fuzzy-haired radical many expect, Gray is tall, clean-cut and
lean-limbed. He'd appear much younger than his 56 years if not for a
preponderance of gray hair.

Gray speaks curtly and eyes his subject intensely when listening. His
single-mindedness is something he shares with his late father, another
Orange County legal legend credited with helping reform the Orange County
jails.

"The way I was raised was, you speak out if something is wrong," Gray said.

When he was first appointed judge 17 years ago, Gray immediately endured
the close attention of legal peers due to the actions of his father, U.S.
District Court Judge William P. Gray. At the time, the elder Gray was
butting heads with county officials over his rulings on jail overcrowding
and prisoners' rights--a battle that would last for years.

"When you've just become a Municipal Court judge and your father is holding
all the county supervisors in contempt of court [because of jail
overcrowding], it's hard to be inconspicuous," Gray said.

Gray, an accomplished musician who enjoys singing and writing songs, said
he was greatly influenced by his father's persistence and sense of right
and wrong. Gray noted that his dad was a loud critic of McCarthyism while
serving as president of the Los Angeles County Bar.

When announcing the settlement in the Catholic Church case, lawyers on both
sides credited Gray with working out a deal by demanding repeated
conferences and personally mediating discussions. Gray said the plaintiffs
achieved much more than they would have at trial.

"Had the plaintiffs gone to trial, maybe they would have won more money
than they got, but they would have given up a lot, too," said Gray. "Here,
they were able to get a settlement and other promises from the defendant.
There's no way in creation that that could have been accomplished by going
to trial."

Lawyers say Gray's willingness to dive into such frays is rare among judges.

"It used to be that all judges held settlement conferences," said defense
lawyer Mike Trotter. "Now they just set a trial date and don't move it.
Judge Gray becomes a part of the process. He says to one side, 'What do you
want and why.' and then says the same to the other side. It really works."

Gray's passion for the give-and-take of negotiating was showcased earlier
this month when he disclosed that he had sought unsuccessfully to arrange
the surrender of a former law school classmate and friend accused of murder.

Hugh "Randy" McDonald, a former Newport Beach attorney, is accused by
authorities of killing a Villa Park woman, then faking a suicide leap off
the Golden Gate Bridge. He was captured earlier this month after being on
the run for four years, authorities charge.

Gray said that he twice attempted to arrange a surrender through the woman
McDonald was living with. Gray also said he was ready to walk his friend
into the sheriff's station.

Gray also found himself drawn into the raging debate over a proposal to
build a commercial airport at the now-closed El Toro Marine Corps Air
Station. He threw out more than 140,000 signatures on petitions calling for
a vote on whether a park rather than an airport should be built there. He
ruled that the title and summary of the petition were misleading and that
people who signed might have been misled.

The decision was a major blow to airport opponents, some of whom suggested
Gray's verdict was influenced by the fact that he lives in Newport Beach, a
city that strongly supports a new airport.

Gray bristled at the criticism.

"I was wounded by it," Gray said. "It never occurred to me that where I
lived would trouble people . . . Some people basically look for
conspiracies on anything."

The single issue that has focused the most attention on Gray during his
career is his decision to renounce the nation's drug war and his insistence
that the government regulate distribution of drugs. Gray voiced this view
in the face of fierce criticism almost 10 years ago. Several months ago, he
published a book on the issue, "Why Our Drug Laws Have Failed and What We
Can Do About It."

Gray, who says he neither uses nor approves of drugs, also has created a
Web site and posts regular items condemning a drug war that he believes has
only made drug trafficking more lucrative, violent and widespread. The Web
site is http:www.judgejimgray.com Gray's views make him a frequent
target. A fellow judge has openly questioned his impartiality on the drug
issue. And former Orange County Sheriff Brad Gates once lashed out to
reporters: "What was this guy smoking. It's crazy. What kind of role model
is he."

Many attorneys who have appeared before him in court describe Gray as a
hard-working, principled man who rarely suffers fools.

"He will let you have the truth with both barrels," said Tustin attorney
Christopher J. Day. "People who know him know he's courageous and that he
always follows the letter of the law."

Gray says it's unlikely he will be appointed to a higher seat, due to his
outspokenness on the drug issue. That's OK with him, however, as frequent
speaking engagements and radio and television appearances on the subject
keep him busy.

"Talking about the nation's failed drug war and what should be done about
it is really my second job," Gray said.
Member Comments
No member comments available...