As New Presiding Jurist, Judge Smith Doesn’t Shy From Courting Criticism : Judiciary: Some saw his call to decriminalize drugs as political suicide. Others say it showed the independence and candor that will serve the county system well.

When Judge James L. Smith publicly endorsed decriminalizing drug use two years ago, many saw it as an act of political suicide: At the time, a lenient attitude toward drugs drew little support in conservative Orange County.

But others say coming forward was typical of Smith’s independent nature and his determination to speak his mind. It’s a trait that supporters say will serve him well as the new presiding judge of the county’s Superior Court system, one of the state’s largest. Smith took that post this month.

“I’ve never been hesitant to say what I’ve felt, but I’m also willing to say I’m wrong when I’m wrong, and in many ways that’s more important,” said the 56-year-old former prosecutor who was appointed to the Municipal Court bench by then-Gov. Ronald Reagan in 1971 and elected to the Superior Court in 1981.

Smith, who stresses that he does not endorse drug use, said taking the profit away from drug dealers will mean more money for rehabilitating drug addicts. But the topic is one he plans to steer clear of while presiding over 59 judges, 16 other bench officers and more than 650 employees.

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“I’ve told several people that I will not actively participate in discussing this issue because there is a danger of people mistakenly believing that is the opinion of this court,” said Smith, who was elected to his one-year post by his colleagues. “I will not promote an agenda. I’m here to keep court operations running smoothly.”

At least one critic, however, says Smith’s stance on drugs should eliminate his eligibility to be the county’s top judge.

“I think that for a man of his responsibility to think that way, it’s a disgrace,” said Rep. Robert K. Dornan (R-Garden Grove). “He shouldn’t be in that position if he feels that way.”

Smith has also faced controversy over some of his legal rulings. Advocates for the impoverished say Smith is no friend to the mentally ill or the homeless men and women who have made the downtown Santa Ana Civic Center their home--the same area where Smith, a fitness buff, often takes his daily runs.

In a decision that especially outraged advocates for the homeless, Smith last year upheld a law banning camping in downtown Santa Ana. In another, he sided with the city of Garden Grove when it evicted a center for mentally ill homeless people.

“These decisions illustrated a total heartlessness,” said one advocate, who asked for anonymity because he may appear in Smith’s courtroom in the future.

Supporters, however, say Smith is a judge who concentrates on pointing out the common ground between warring parties. They point to the recent case in which Smith fashioned a compromise on an environmental review of land slated to become the San Joaquin Hills tollway.

“He genuinely cares about people and the court. He tells you what he thinks and is extremely open-minded, and more than willing to concede he could be wrong,” said Superior Court Commissioner Richard M. Aronson. “I think that’s an essential trait of any good judge.”

To his friends and colleagues, Smith is known more as a thoughtful judge and a basketball fanatic who runs as much as 10 miles a day. He uses a tiny knife to carve Styrofoam cups while on the bench, a habit he says helps him concentrate, and he keeps a collection of the intricate designs in his chambers.

Friends also say Smith is a perennial joker with a sharp wit and a self-deprecating sense of humor.

Attorney Gary M. Pohlson, president-elect of the Orange County Bar Assn. and a friend of Smith’s, recalled several years ago taking his newly repainted Porsche to a basketball game and inviting Smith outside to show off the vehicle.

Pohlson was dismayed as he approached the car to find a handwritten note: “Sorry about the dent on the other side. . . .”

“I tell you, I was falling apart, I was dying, and of course this was all (Smith’s) doing. He’s a constant kidder,” Pohlson said.

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Smith said his main job will be to manage civil and criminal caseloads, keep trials moving smoothly and help oversee the merger of the county clerk’s office with the Superior Court. Smith said he sees himself as “the guy steering the ship” and says the court is currently in “excellent condition” thanks to his predecessor, Judge Donald E. Smallwood.

While jazz played softly in his chambers recently, Smith sat beneath a portrait and two small busts of Abraham Lincoln. Smith said he has always admired Lincoln for his emergence at a critical time in the country’s history and acting decisively to heal a divided nation.

“I’m not comparing myself to him, but I really admire that and hope that I live my life and conduct myself in the same way,” Smith said. “When it’s all said and done, I think it’s important to be able to look back and realize that you’ve contributed something, that you’ve tried to make a difference in your own way, regardless of what people say.”