Nov. 11, 2024
A life within the rule of law
See more on A life within the rule of lawThomas J. Umberg
Senator Thomas J. Umberg is chair of the Senate Judiciary Committee and represents Senate District 34. Umberg is a retired U.S. Army Colonel, former federal prosecutor and small businessman.
At 17, I first donned a uniform. I had no interest in the Army, but an ROTC scholarship was my ticket out of a small Illinois town. I was prepared to fulfill my service obligation and get out. When I took off that uniform for the last time 30 years later, it was clear that the military had profoundly influenced every aspect of my life - professionally and personally. Much of that, I have tried to incorporate in my civilian life and work beyond the Army as a prosecutor and state legislator.
That ROTC scholarship paid for my college in exchange for four years of active duty. And, just as the military needs officers, California needs health care professionals of all kinds. I authored legislation this year to incentivize those interested in becoming a behavioral health professional by providing state funding for four years of college in exchange for three years of service to "CARE Court." CARE Courts are a new modality in California focused on those with schizophrenia (often unhoused) to reintegrate them into society. A critical challenge in making CARE Court successful is having sufficient behavioral health care professionals to treat this population.
In another vein, the Army instilled me with both compassion and redemption. The Army I joined was broken; low morale and lots of soldiers in trouble - some serious. Whether it was because of personnel shortages or some thoughtful leader, the Army established a "Retraining Brigade." Its purpose was to rehabilitate court-martialed soldiers and - rather than have them serve time in the stockade and leave the Army with a less than desirable discharge ― return them to service. The retraining brigade was an intense three-month dose of accountability, discipline, refreshment of military skills, and physical training. It was highly successful. Soldiers overwhelmingly returned to the Army and productively finished their enlistment. A second chance, combined with accountability and discipline, paid dividends for the Army and individuals. It was evident that these important concepts had widespread impact and value beyond the Army.
Applying similar principles, I authored 910 to establish statewide standards for California's collaborative courts. The collaborative courts ― including veterans, mental health, drug, homeless, and other non-traditional courts - offer a pathway to avoid the stigma of a criminal conviction. Young offenders are given a second chance, by being held accountable by a judge, and prosper by reestablishing their lives.
A benefit of military service is working with motivated, mission-oriented youth who are still looking to find their place in the world. Young soldiers are often influenced by peer pressure - even occasionally to unlawful ends. One example is when an extremist on the right or left wants to overthrow our government and seeks to recruit fellow insurrectionists within the military. Extremists should not be trained in lethal force and placed in close quarters with other soldiers. I introduced SB 901 to keep those who actively advocate for the overthrow of our state or federal government out of the National Guard. SB 901 is now law. It prevents the enlistment and requires the discharge of military members that actively participate in advocating for, or engaging in, the use of unlawful force, violence, or other illegal means to overthrow our government.
The Army exposed me to a variety of ways to kill people. I have carried, cleaned, and fired weapons from a Beretta 9M to 50-caliber machine guns. I have seen up close what these weapons of war are capable of inflicting. My work introducing and supporting restrictions on weapons specifically designed to kill humans as quickly and effectively as possible is directly correlated to my military experience.
The most poignant takeaway from my time in uniform is how fortunate we are to live in a society bound by the rule of law and how fragile those bonds can be. The Army took me to Colombia, where I met the son of a provincial police commander who refused to ignore narco trafficking. The narco traffickers offered him a huge sum of money and threatened to kill his son if he did not comply. His son was kidnapped and executed. In Afghanistan, I witnessed an Afghan sergeant, knowing his life was at risk, sign a declaration that his commander was stealing food from his own troops and selling ammunition to the Taliban. He went missing two days later. These experiences along with others, make me grateful and inform my work. We take for granted that ― unlike many places in the world ― lawyers, judges, and politicians do not live their lives in fear of their loved ones being harmed simply for doing their job.
The highlight of my military service was meeting another higher-ranking dynamic officer on the way to Korea. She outranked me because she was a smarter and better leader. Three kids and seven grandchildren later, she still outranks me - but I no longer have to salute my wife.
Military service has informed every aspect of my life. It has exposed me to both the highs and lows of humanity and the wonders of the world. It has instilled in me a respect for all persons and hope for better societies everywhere. I am grateful for it all.
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