Houston Chronicle April 28, 2001
http://www.chron.com/cs/CDA/story.hts/metropolitan/marshall/891950Email:
thom.marshall@chron.comShades
of Gray on the drug war By THOM MARSHALL
Further evidence
that the winds of war are changing directions was the
presence of several
local judges at a luncheon where the speaker lambasted
our current drug laws
and called for reform.
They had to know ahead of time that such would be
the tenor of the talk
because the man at the rostrum was James Gray, author
of a new book, Why Our
Drug Laws Have Failed and What We Can Do About It,
and because the Thursday
noontime event was produced by the Drug Policy
Forum of Texas, which promotes
open discussion about options to our current
drug policies.
Gray, who also is a judge, pointed out that his state of
California ranks
second in the nation in putting people in prison and Texas
ranks first. He
stopped short of saying Houston leads Texas, and therefore
is a top contender
for the title of Lock-'em-up Capital of the World, but at
least one audience
member couldn't help thinking that.
Impressive
figures
When others in the room applauded Gray's comments, I glanced over
at a
tableful of guys who have played key roles in getting us so high on
that
list. Such as when Gray said it makes as much sense to put Robert
Downey Jr.
in prison for drug abuse as it would have to put Betty Ford in
prison for
alcoholism. Or when he asked, since we can't keep drugs out of
our prisons,
how can we expect to keep them off the streets of Houston?
Hands remained mostly still and quiet at that table of judges, who wore
the
unreadable facial expressions of practiced poker players.
All
across This Great Land judges must be feeling increasingly unsteady.
Sitting on the bench must be like riding in a little sailboat with those
drug
war winds changing directions at gale force. How does his honor avoid
being
capsized by the boom? How will he survive the tempest?
Gray
works in Orange County, which many consider the most politically unusual
part of California, which many consider the most politically unusual state
of
the union. Elsewhere, he might not have held onto his job after going
public,
back in April 1992, with his opinion that the drug war is a tragic
failure.
"Most judges have strong views about how to improve our drug
policies," Gray
wrote in his book, "and some of them are quite advanced. I
have had many
private conversations on this subject with other judges, who
know that the
war on drugs has failed, i.e., that `The Emperor has no
clothes.' But just
like many politicians and law enforcement officers,
judges are also concerned
about undermining their effectiveness or exposing
themselves to an electoral
challenge by addressing this issue publicly."
Letter of appreciation
In his speech, Gray told of the topmost
appellate court judge in a Southern
state who wrote him a long letter about
how he agreed the drug war is a
failure, and how he appreciated Gray's
efforts to spread the word.
Then he concluded by explaining he could not
join Gray in going public with
those opinions because it would be too
complicated to explain to voters.
This luncheon was even better attended
than the DPFT luncheon several months
ago when New Mexico Gov. Gary Johnson
was speaker. Smiling organizers said
the event's success is yet another
indication of how rapidly public demand
for drug law reform is growing.
But even when reform voters outnumber drug war supporters, judges won't
have
smooth sailing. They work in a system that has grown very big and very
strong
and very rich.
The drug war "isn't winnable," said Gray, "but
it is imminently fundable."
Thus it is not logical to expect the
warriors and the prison-industrial
complex to stand quietly by, watching
their powers and profits evaporate as
the drug war is dismantled. They can
be expected to fight changes in drug
laws, prosecution and punishment.
It is good that a few Houston judges went to hear Gray's talk and
demonstrate
support of open dialogue about our drug policy, regardless of
opinions.
And it is understandable that they appeared uncomfortable at
times, no doubt
a bit seasick from the way the gathering storm is rocking
the boat