County Bar Supports Judge’s Right to Take Stand on Drugs

SANTA ANA —  The Orange County Bar Assn. has defended Superior Court Judge James P. Gray’s right to advocate legalization of drugs for adults and criticized people for launching personal attacks against him instead of addressing the merits of his proposal.

“While abstaining from any position on Judge Gray’s proposal, (the OCBA) applauds him for his courage in being forthright about his concerns . . . ,” OCBA board members said in a resolution adopted Wednesday night.

“May his statement be a lightning rod for robust debate about this horrible social problem,” the resolution read.

The resolution stated that Gray was exercising his First Amendment rights and was abiding by the California Code of Judicial Conduct in seeking “to improve our legal system.”

The board members criticized people who attacked Gray personally rather than debate the merits of his controversial proposal. In an apparent reference to Orange County Sheriff Brad Gates, who has been Gray’s most vocal critic, the resolution stated that “one official even was quoted as threatening to seek to harm Judge Gray’s career. We abhor such attacks.”

“Personal ridicule and threats are below the standards of fair comment adhered to by the vast majority of our enlightened public officials,” the resolution stated.

Gates has said he will actively campaign against Gray when the judge comes up for reelection in 1996 unless the judge changes his position.

The sheriff could not be reached for comment Thursday.

Thomas R. Malcolm, the president of the OCBA, denied that the board had singled out Gates. He said board members did not identify the person they felt had launched personal assaults on the judge because they wanted to elevate the debate.

“We don’t want to start a feud,” Malcolm said. “(But) the board felt it was inappropriate to condemn a person for expressing a controversial view. . . . If they want to criticize the proposal that’s different.”

Gray said Thursday that he is “gratified” by the bar’s resolution.

Gray set off a firestorm of criticism and debate April 8 when he called a news conference to say he thinks that the “war on drugs” is lost and that drug laws are ineffective. He called for the legalization of adult use of marijuana, cocaine and heroin.