[00:00.000 --> 00:05.500]  The Bill of Rights contains the first ten amendments of our Constitution.
[00:05.500 --> 00:09.500]  They guarantee the specific freedoms Americans should know and protect.
[00:09.500 --> 00:11.000]  Our liberty depends on it.
[00:11.000 --> 00:16.500]  I'm Dr. Catherine Albrecht, and I'll be right back with an unforgettable way to remember your First Amendment rights.
[00:16.500 --> 00:18.500]  Privacy is under attack.
[00:18.500 --> 00:22.000]  When you give up data about yourself, you'll never get it back again.
[00:22.000 --> 00:26.500]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[00:26.500 --> 00:32.000]  So protect your rights, say no to surveillance, and keep your information to yourself.
[00:32.000 --> 00:34.500]  Privacy, it's worth hanging on to.
[00:34.500 --> 00:38.000]  This public service announcement is brought to you by Startpage.com,
[00:38.000 --> 00:42.000]  the private search engine alternative to Google, Yahoo, and Bing.
[00:42.000 --> 00:45.500]  Start over with Startpage.
[00:45.500 --> 00:47.500]  Spar, it's what fighters do.
[00:47.500 --> 00:51.000]  It's also how I remember the five guarantees of the First Amendment.
[00:51.000 --> 00:54.000]  If you plan to take away my rights, I'm going to spar with you.
[00:54.000 --> 00:56.500]  Spar with an extra P.
[00:56.500 --> 01:03.000]  S for speech, P for press, another P for petition, A for assembly, and R for religion.
[01:03.000 --> 01:08.500]  Most Americans are familiar with the First Amendment guarantees of free speech, press, assembly, and religion.
[01:08.500 --> 01:10.500]  But petition for redress is another matter.
[01:10.500 --> 01:14.500]  We have the right to petition the government for a redress of grievances.
[01:14.500 --> 01:17.500]  It means that if we're unhappy with what's going on in our government,
[01:17.500 --> 01:21.000]  we can spell out the reasons without fear of being thrown into jail.
[01:21.000 --> 01:30.500]  I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com.
[01:30.500 --> 01:34.500]  The Bill of Rights contains the first ten amendments of our Constitution.
[01:34.500 --> 01:38.000]  They guarantee the specific freedoms Americans should know and protect.
[01:38.000 --> 01:39.500]  Our liberty depends on it.
[01:39.500 --> 01:43.000]  I'm Dr. Catherine Albrecht, and I'll be right back with an unforgettable way
[01:43.000 --> 01:46.000]  to remember one of your constitutional rights.
[01:46.000 --> 01:48.000]  Privacy is under attack.
[01:48.000 --> 01:51.500]  When you give up data about yourself, you'll never get it back again.
[01:51.500 --> 01:56.500]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[01:56.500 --> 01:58.000]  So protect your rights.
[01:58.000 --> 02:01.500]  Say no to surveillance and keep your information to yourself.
[02:01.500 --> 02:04.000]  Privacy, it's worth hanging on to.
[02:04.000 --> 02:08.000]  This public service announcement is brought to you by StartPage.com,
[02:08.000 --> 02:12.000]  the private search engine alternative to Google, Yahoo, and Bing.
[02:12.000 --> 02:15.500]  Start over with StartPage.
[02:15.500 --> 02:19.500]  When I think of the Second Amendment, I visualize myself wrapping my two arms
[02:19.500 --> 02:22.000]  around the Bill of Rights in a big old bear hug.
[02:22.000 --> 02:26.000]  It's how I remember that the Second Amendment guarantees us the right to bear arms,
[02:26.000 --> 02:30.500]  arms that embrace our freedoms and won't let anyone take them away without a fight.
[02:30.500 --> 02:33.500]  Get it? Two arms, bear hug, bear arms?
[02:33.500 --> 02:37.500]  The late Senator Hubert Humphrey captured the spirit of the Second Amendment so well
[02:37.500 --> 02:38.500]  when he said,
[02:38.500 --> 02:43.500]  The right of the citizens to bear arms is just one guarantee against arbitrary government,
[02:43.500 --> 02:47.500]  one more safeguard against the tyranny which now appears remote in America,
[02:47.500 --> 02:50.500]  but which historically has proved to always be possible.
[02:50.500 --> 03:14.500]  I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com.
[03:20.500 --> 03:27.500]  Whatcha gonna do? Whatcha gonna do?
[03:27.500 --> 03:30.500]  Bad boys, bad boys, whatcha gonna do?
[03:30.500 --> 03:32.500]  Whatcha gonna do when they come for you?
[03:32.500 --> 03:35.500]  Bad boys, bad boys, whatcha gonna do?
[03:35.500 --> 03:38.500]  Whatcha gonna do when they come for you?
[03:38.500 --> 03:41.500]  When you were eight and you had bad traits,
[03:41.500 --> 03:43.500]  you'd go to school and learn the golden rules.
[03:43.500 --> 03:46.500]  So why are you acting like a bloody fool?
[03:46.500 --> 03:49.500]  And if you get high, then you must get cool.
[03:49.500 --> 03:52.500]  Bad boys, bad boys, whatcha gonna do?
[03:52.500 --> 03:54.500]  Whatcha gonna do when they come for you?
[03:54.500 --> 03:57.500]  Bad boys, bad boys, whatcha gonna do?
[03:57.500 --> 04:00.500]  Whatcha gonna do when they come for you?
[04:00.500 --> 04:04.500]  You chuck it on that one. You chuck it on this one.
[04:04.500 --> 04:07.500]  You chuck it on your mother and you chuck it on your father.
[04:07.500 --> 04:10.500]  You chuck it on your brother and you chuck it on your sister.
[04:40.500 --> 05:04.420]  Okay, howdy, howdy, Randy Carlton, Brett Fountain, Rue La Radio on this, the fourth day of November
[05:04.420 --> 05:08.340]  2022.
[05:08.340 --> 05:14.380]  We are getting close to the place where I'm going to have to memorize a new year.
[05:14.380 --> 05:19.660]  What this coming here means for me is eggnog.
[05:19.660 --> 05:20.660]  Eggnog.
[05:20.660 --> 05:25.900]  I'm allergic to milk, you shouldn't say eggnog around me.
[05:25.900 --> 05:30.260]  Makes my mouth water for something I can't have.
[05:30.260 --> 05:35.180]  Okay, well I'm going to make sure the phone lines are open.
[05:35.180 --> 05:49.380]  Our call in number, 512-646-1984, if you have a question or comment, give me a call.
[05:49.380 --> 05:56.060]  You cut out there for a moment, we heard you say that you're turning on the phone lines.
[05:56.060 --> 06:05.940]  Alright, so it's 512-646-1984, 512-646-1984.
[06:05.940 --> 06:12.420]  I guess we'll start out already with callers, and I don't see anybody on there yet.
[06:12.420 --> 06:15.220]  Randy, are you doing a mic check?
[06:15.220 --> 06:18.180]  I don't hear you yet.
[06:18.180 --> 06:21.820]  Going on here, can you hear me now?
[06:21.820 --> 06:22.820]  Yes.
[06:22.820 --> 06:23.820]  Wonderful.
[06:23.820 --> 06:28.380]  I have to keep re-plugging my mic for some reason.
[06:28.380 --> 06:34.540]  I've changed cables and changed mics and still having the same problem.
[06:34.540 --> 06:40.220]  Oh well, I guess we'll just have to deal with it.
[06:40.220 --> 06:41.220]  Yep.
[06:41.220 --> 06:48.620]  We have a couple callers already, and I was just going to talk about some really dull
[06:48.620 --> 06:52.260]  stuff, some templates that I've been designing.
[06:52.260 --> 06:54.420]  I'll be making those available.
[06:54.420 --> 06:59.340]  I'm taking some of the major pleadings that I've built and turning them, doing my best
[06:59.340 --> 07:02.500]  to turn them in to fill in the blank templates.
[07:02.500 --> 07:09.820]  It's a little bit more difficult than I had hoped it would be, but I'm working on it.
[07:09.820 --> 07:22.100]  The last one is the motion to dismiss for violation of 1617 order.
[07:22.100 --> 07:30.940]  It's such a large document, and I'm trying to do a complete brief, and it's really hard
[07:30.940 --> 07:36.780]  to do that without repeating yourself and restating the same arguments two or three
[07:36.780 --> 07:37.780]  times.
[07:37.780 --> 07:44.140]  Part of the problem is, because when it starts getting large, you can't sit down and do it
[07:44.140 --> 07:46.180]  all at once.
[07:46.180 --> 07:50.460]  You got to get up and go to the restroom, you got to end up sleeping and coming back
[07:50.460 --> 07:54.740]  and the next morning there's something else going on, and you end up doing this in ten
[07:54.740 --> 08:00.900]  pieces instead of all at once, and that's part of why it ends up getting rehashed.
[08:00.900 --> 08:01.900]  Yeah.
[08:01.900 --> 08:04.580]  Over the years, I've worked out a methodology.
[08:04.580 --> 08:12.480]  The primary part of the methodology is to put a paragraph heading on every single paragraph,
[08:12.480 --> 08:18.540]  and that helps, but when the document gets large, sometimes that's not enough.
[08:18.540 --> 08:26.500]  I may need some other methodology to help keep these arguments separate.
[08:26.500 --> 08:32.660]  I've went through this a dozen times, and going through it today, I find that I've still
[08:32.660 --> 08:35.100]  got the same argument in a couple of places.
[08:35.100 --> 08:38.180]  It creeps up on you.
[08:38.180 --> 08:42.300]  It is a skill that has to be developed.
[08:42.300 --> 08:43.300]  I'm working on it.
[08:43.300 --> 08:48.140]  Anyway, we've got a board full of callers already.
[08:48.140 --> 08:51.060]  We're going to start with Jason from Wisconsin.
[08:51.060 --> 08:52.060]  Hello, Jason.
[08:52.060 --> 08:53.060]  Hey, Randy.
[08:53.060 --> 08:54.060]  How's it going?
[08:54.060 --> 08:55.060]  Going good.
[08:55.060 --> 08:56.060]  How is it going?
[08:56.060 --> 09:09.900]  I think you had the traffic ticket where the prosecutor solicited a complaint, to solicit
[09:09.900 --> 09:12.060]  a change of warning to a complaint.
[09:12.060 --> 09:13.060]  Yes.
[09:13.060 --> 09:20.300]  He committed barritory, and I bargained him for that on Monday, but I'll get to that.
[09:20.300 --> 09:21.300]  Good.
[09:21.300 --> 09:22.300]  Yeah.
[09:22.300 --> 09:26.700]  Anyways, I had an interesting week this week.
[09:26.700 --> 09:31.380]  As I'm sure you remember, my trial was supposed to be on Tuesday.
[09:31.380 --> 09:33.340]  Well, that's no longer the case.
[09:33.340 --> 09:38.380]  I had the judge removed and replaced.
[09:38.380 --> 09:49.860]  I filed that along with a motion to dismiss based on jurisdiction, and they still haven't
[09:49.860 --> 09:51.860]  even looked at that.
[09:51.860 --> 09:56.860]  Yeah, like a half hour after the court opened Monday morning, the judge signed off on the
[09:56.860 --> 10:02.740]  order to replace himself with another judge.
[10:02.740 --> 10:05.660]  I don't think it has anything to do with it anymore.
[10:05.660 --> 10:08.940]  I started to say, that sounds like a good sign.
[10:08.940 --> 10:12.460]  It sounds like the judge don't want to mess with it.
[10:12.460 --> 10:13.460]  Yeah.
[10:13.460 --> 10:19.500]  So it's interesting who they replaced him with, though.
[10:19.500 --> 10:25.620]  This is a newer circuit court judge, and it turns out he was a US attorney appointed by
[10:25.620 --> 10:31.260]  Trump, and he was forced to resign under Biden, basically.
[10:31.260 --> 10:34.140]  So I'm wondering if politics can play into this here.
[10:34.140 --> 10:39.300]  Oh, I think politics is always in play.
[10:39.300 --> 10:42.060]  I think he's trying to make a political career here.
[10:42.060 --> 10:48.660]  I think he's going for a higher judge position.
[10:48.660 --> 10:50.500]  So what level judge is he?
[10:50.500 --> 10:54.500]  He's a circuit court judge, same level as the other judge.
[10:54.500 --> 10:57.500]  Apparently there's two circuit court districts in this county now.
[10:57.500 --> 11:01.780]  They created a new district like a year ago, and I wasn't aware of that.
[11:01.780 --> 11:06.180]  And he is the judge for that district.
[11:06.180 --> 11:11.740]  So he wouldn't like it if you filed a judicial conduct complaint against him.
[11:11.740 --> 11:17.940]  Did you file a judicial conduct complaint against the exiting judge?
[11:17.940 --> 11:19.980]  Not yet, but I'm going to be doing it this weekend.
[11:19.980 --> 11:26.380]  Good, because I was going to suggest, since this guy's new, then he's clearly going to
[11:26.380 --> 11:36.060]  be politically conscious if you judge a conduct complaint the other guy.
[11:36.060 --> 11:38.340]  He's not going to want you doing it to him.
[11:38.340 --> 11:39.340]  Right.
[11:39.340 --> 11:41.340]  That's kind of what I was thinking, yep.
[11:41.340 --> 11:42.340]  Good.
[11:42.340 --> 11:45.260]  You've got the politics down.
[11:45.260 --> 11:50.140]  So anyways, they scheduled a new trial day for the 18th of this month, so I only got
[11:50.140 --> 11:54.220]  a couple of weeks here, but I got some tactics to delay it that I'll get to in a little
[11:54.220 --> 11:57.460]  bit here.
[11:57.460 --> 12:02.220]  One thing I could do is, I don't know, I'm pretty sure you're aware, I filed a writ of
[12:02.220 --> 12:09.300]  mandamus in the appeals court, and that's pending right now.
[12:09.300 --> 12:13.660]  So I filed a motion to stay, they have a different name for it.
[12:13.660 --> 12:16.820]  It's Motion for Relief Pending Appeal.
[12:16.820 --> 12:24.020]  So I filed that requesting a stay on my traffic case, and they denied it, but the judge sent
[12:24.020 --> 12:29.840]  me a letter explaining exactly why they denied it, and I think I have a good understanding
[12:29.840 --> 12:33.660]  of what I need to refile to get them to accept it.
[12:33.660 --> 12:37.180]  Okay, this is state, not federal.
[12:37.180 --> 12:41.020]  Yeah, it's a state.
[12:41.020 --> 12:53.500]  The judge has been a U.S. attorney, so he's still practicing a judgment along with a ruling.
[12:53.500 --> 13:07.460]  So a suggestion, when you refile the document that he denied, state in there that his criticisms
[13:07.460 --> 13:14.540]  are well taken, and you're refiling in order to correct the errors.
[13:14.540 --> 13:19.140]  They like it when, you know, I know the federal judges really like it when you talk nice to
[13:19.140 --> 13:28.300]  them, and Tina, she's listening, she can tell you about that one, that it served her well.
[13:28.300 --> 13:32.420]  I got to say I'm surprised the difference, well, not surprised, but there's a big difference
[13:32.420 --> 13:36.220]  between how the circuit court denies things and how the appeals court denies things, and
[13:36.220 --> 13:41.340]  the appeals court, they actually tell you, okay, do this, this, and that, you know, essentially,
[13:41.340 --> 13:44.940]  and the circuit court is a one-sentence denial.
[13:44.940 --> 13:49.020]  The court has considered your request and has denied, and that's it.
[13:49.020 --> 13:58.060]  So that's, in the Fed, a ruling by the court is not a complete order.
[13:58.060 --> 14:02.060]  Say the judge dismisses your case.
[14:02.060 --> 14:05.820]  He can't just issue an order saying he dismisses the case.
[14:05.820 --> 14:13.020]  The order is not complete until he files a judgment, and a judgment is effectively findings
[14:13.020 --> 14:19.000]  of fact and conclusions at law, and it sounded to me like that's exactly what this new
[14:19.000 --> 14:20.000]  judge did.
[14:20.000 --> 14:30.660]  He's used to the Fed, so he's used to giving reasons why he renders his rulings, and that's
[14:30.660 --> 14:35.940]  why I suggested giving a positive comment to it.
[14:35.940 --> 14:36.940]  Yeah.
[14:36.940 --> 14:41.580]  Yeah, I thought of that.
[14:41.580 --> 14:48.660]  So as far as that goes, I can rewrite that and then file it again, and that shouldn't
[14:48.660 --> 14:53.660]  be an issue?
[14:53.660 --> 14:56.660]  Or is this like, I only get one shot at this?
[14:56.660 --> 14:57.660]  No, no, no.
[14:57.660 --> 14:58.660]  You can refile.
[14:58.660 --> 15:01.980]  Refile an amended plea.
[15:01.980 --> 15:07.140]  Along those same lines, my man, Damis, I actually found some good case law that I want to add
[15:07.140 --> 15:08.140]  to it.
[15:08.140 --> 15:10.140]  Can I actually amend that?
[15:10.140 --> 15:12.140]  Absolutely.
[15:12.140 --> 15:13.140]  Okay.
[15:13.140 --> 15:19.060]  Yeah, I found some really good case law I want to add to that.
[15:19.060 --> 15:27.740]  Basically the gist of it is that if a records custodian arbitrarily denies a request, doesn't
[15:27.740 --> 15:34.860]  give you a written denial like they're required to under law, then the appeals court shall
[15:34.860 --> 15:41.420]  issue a mandamus ordering them to give you everything you requested.
[15:41.420 --> 15:43.620]  That's basically what that case law is.
[15:43.620 --> 15:44.620]  Oh, nice.
[15:44.620 --> 15:48.980]  Instead of, you need to tell him why you denied it, you just need to give it all to him because
[15:48.980 --> 15:50.140]  you didn't say why.
[15:50.140 --> 15:51.140]  How very cool.
[15:51.140 --> 15:53.060]  Pretty much, yep.
[15:53.060 --> 15:58.060]  And something else interesting that happened is the district attorney emailed me yesterday
[15:58.060 --> 16:00.060]  and it was a short email.
[16:00.060 --> 16:06.460]  The attached letter is my formal denial of your open records request, but I gave him
[16:06.460 --> 16:09.700]  a little late for that.
[16:09.700 --> 16:13.420]  Then he sent me a letter citing some case law.
[16:13.420 --> 16:18.500]  Doesn't Wisconsin give them like 10 days or is it five days?
[16:18.500 --> 16:22.180]  I think Wisconsin's really short if I remember right.
[16:22.180 --> 16:31.180]  They don't have a time limit, but he already, his paralegal already gave me a verbal confirmation
[16:31.180 --> 16:36.380]  that what they gave me was the extent of what they were going to give me for the open records
[16:36.380 --> 16:41.580]  request and they gave me nothing in writing denying the stuff that they didn't supply
[16:41.580 --> 16:42.580]  me.
[16:42.580 --> 16:49.900]  Okay, well we'll, what I generally tell them is we'll see how that works out for you.
[16:49.900 --> 16:56.380]  Hang on, Randy Kelton, Brett Felton, rule of law radio, full board of callers, so I
[16:56.380 --> 16:57.380]  won't give out the call in number.
[16:57.380 --> 17:00.340]  Oh no, we got one call in, okay.
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[17:46.660 --> 17:49.660]  or email michaelmears at yahoo.com.
[17:49.660 --> 17:58.700]  That's ruleoflawradio.com or email m-i-c-h-a-e-l-m-i-r-r-a-s at yahoo.com to learn how to stop debt
[17:58.700 --> 18:01.700]  collectors now.
[18:01.700 --> 18:04.740]  Rule of Law Radio is proud to offer the rule of law traffic seminar.
[18:04.740 --> 18:07.260]  In today's America, we live in an us against them society.
[18:07.260 --> 18:10.380]  If we the people are ever going to have a free society, then we're going to have to
[18:10.380 --> 18:12.260]  stand and defend our own rights.
[18:12.260 --> 18:15.740]  Among those rights are the right to travel freely from place to place, the right to act
[18:15.740 --> 18:19.460]  in our own private capacity, and most importantly, the right to due process of law.
[18:19.460 --> 18:23.620]  Traffic courts afford us the least expensive opportunity to learn how to enforce and preserve
[18:23.620 --> 18:24.980]  our rights through due process.
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[18:28.980 --> 18:32.740]  most comprehensive teaching tool available that will help you understand what due process
[18:32.740 --> 18:35.140]  is and how to hold the courts to the rule of law.
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[18:50.580 --> 18:53.820]  Learn how to fight for your rights with the help of this material from ruleoflawradio.com.
[18:53.820 --> 19:08.820]  Order your copy today, and together we can have the free society we all want and deserve.
[19:08.820 --> 19:35.820]  Thank you, Justin, yeah, whoa, the world's been a better place than we've ever been,
[19:35.820 --> 19:43.820]  the world is spinning like it's out of control, on the edge of a hall, inside a deep dark
[19:43.820 --> 19:49.820]  dome, I'm always on the lookout for something to soothe my soul.
[19:49.820 --> 19:56.820]  Okay, we are back, Randy Kelton, Brett Fountain, Rule of Law Radio, on this Friday, the fourth
[19:56.820 --> 20:01.620]  day of November, 2022.
[20:01.620 --> 20:10.060]  And where were we, talking with Jason, I was going to say Jason, where were we, Jason,
[20:10.060 --> 20:14.820]  I was trying to remember because we were talking about something else on the break, it always
[20:14.820 --> 20:20.540]  kind of screws me up, you there, is that Jason?
[20:20.540 --> 20:27.220]  I don't hear Jason, yeah, can you hear me, there you go, now I can hear you, yeah, we
[20:27.220 --> 20:33.700]  were talking about the email that the district attorney sent me, with his, what he calls
[20:33.700 --> 20:41.660]  a formal denial letter, which is a little late in my opinion, so he filed a formal denial
[20:41.660 --> 20:47.340]  after you filed suit against him, yeah, he emailed me a formal denial letter to my open
[20:47.340 --> 20:53.980]  records request, like, it was, it looks like the letter itself was dated for November 1st,
[20:53.980 --> 21:01.420]  the day that I filed the mandamus and he sent it to me by email just yesterday, so, yeah,
[21:01.420 --> 21:05.620]  he saw that get filed and he's like, oh my goodness, what should I do about this, that's
[21:05.620 --> 21:13.060]  kind of how it comes off to me, yeah, then I think the court will notice the timing of
[21:13.060 --> 21:23.900]  his response, I don't know enough about, the thing is, he's citing case law that says that
[21:23.900 --> 21:29.900]  certain prosecutorial case files are off limits to open records requests and he's trying to
[21:29.900 --> 21:34.140]  argue that that means all the records for the district attorney's office are off record,
[21:34.140 --> 21:42.100]  are, are, are, no, sorry Bob, that doesn't work, that's not true, it might have been
[21:42.100 --> 21:48.540]  better if he hadn't said anything at all, yeah, that's what I'm kind of thinking, he
[21:48.540 --> 22:02.380]  might have said some stuff that's going to hurt him and help me, so his salary, his insurance,
[22:02.380 --> 22:10.140]  all of this stuff, his bond, his oath, yeah, all that's private because it could be used
[22:10.140 --> 22:16.900]  in an investigation, see the main thing I'm after here is I want his communications, the
[22:16.900 --> 22:23.620]  communications between him and the state patrol, so I'll have more evidence of the barritory
[22:23.620 --> 22:31.100]  that he committed and possibly other crimes and I requested everything like text messages
[22:31.100 --> 22:40.940]  from personal devices that were used for official purposes and all that stuff, I requested quite
[22:40.940 --> 22:48.420]  a bit of stuff, go Jason, yes, it will be interesting to see what the appellate court
[22:48.420 --> 22:58.380]  says about this, you could have a precedent setting response, because I hear you right,
[22:58.380 --> 23:03.540]  you said just a moment ago, I think you said that Wisconsin does not have any time limit
[23:03.540 --> 23:10.220]  for them to respond to your records requests, is that right, no, but attorney general guidance
[23:10.220 --> 23:17.180]  says that for uncomplicated requests, the 10 days is the standard and his reply was
[23:17.180 --> 23:27.380]  30 days, the initial reply that he sent me with the quote unquote discovery stuff.
[23:27.380 --> 23:37.860]  So you're in a criminal case and you're requesting records based on that criminal case?
[23:37.860 --> 23:41.540]  I would say it's a civil case, traffic is civil in Wisconsin.
[23:41.540 --> 23:49.780]  Okay, well generally, well I know at least in Texas, when you're in a case where you
[23:49.780 --> 23:56.860]  can request things through discovery, then you no longer have access to open records,
[23:56.860 --> 24:04.820]  do you have discovery available in Wisconsin in a traffic issue?
[24:04.820 --> 24:10.220]  For a traffic case, the discovery is extremely limited, there's almost nothing you can request
[24:10.220 --> 24:14.500]  and you have to request to, basically you can only request, like if you're involved
[24:14.500 --> 24:19.940]  in a DUI, you can request records from the devices used to test you and that type of
[24:19.940 --> 24:24.660]  stuff, but it has to be within 10 days of the offense, and that's all the discovery
[24:24.660 --> 24:26.460]  you're allowed in traffic cases.
[24:26.460 --> 24:31.860]  Yeah, so for those kinds of things, you wouldn't be able to get at it via records requests,
[24:31.860 --> 24:35.500]  because you can get at it via discovery.
[24:35.500 --> 24:41.660]  Yeah, but the rest of it, what you can't get under discovery, that should open it up to
[24:41.660 --> 24:43.700]  open records.
[24:43.700 --> 24:56.340]  And what he's asking, if I was the prosecutor, I would want to withhold that information
[24:56.340 --> 25:03.340]  until the trial, but after the trial, all that's going to become open for public inspection
[25:03.340 --> 25:12.620]  and you have given him a request for it, so if your open records act is like ours, once
[25:12.620 --> 25:19.380]  a notice has been made, they can't delete this information.
[25:19.380 --> 25:23.460]  So he's going to try to hide it, you have fixed that for him.
[25:23.460 --> 25:28.700]  He can't delete that all of those records have to be maintained until your open records
[25:28.700 --> 25:31.820]  claim has been fully adjudicated.
[25:31.820 --> 25:36.940]  I believe there was something like that in the open records statute, I believe I remember
[25:36.940 --> 25:39.020]  reading something like that.
[25:39.020 --> 25:47.340]  So now if you can get the case adjudicated one way or another, that immediately opens
[25:47.340 --> 25:51.540]  it up for the open records.
[25:51.540 --> 25:59.060]  Let's tell him he's going to have to release that information sooner or later.
[25:59.060 --> 26:05.100]  I'm kind of wondering, my thought is that the communications I requested between him
[26:05.100 --> 26:10.900]  and the state patrol, I'm wondering if that would be considered prosecutorial case files
[26:10.900 --> 26:15.820]  or if it would just be general district attorney records.
[26:15.820 --> 26:22.260]  Certainly the prosecutor is going to claim that's work product.
[26:22.260 --> 26:28.180]  But there's another issue to my mandamus also, and that's the fact that the statute specifically
[26:28.180 --> 26:35.660]  says that a denial must be in writing and it must state a statutory reason for the denial
[26:35.660 --> 26:37.060]  and he did not do that.
[26:37.060 --> 26:44.060]  So even if he can argue that these records are exempt, he waved it.
[26:44.060 --> 26:47.860]  Yeah, exactly.
[26:47.860 --> 26:50.500]  You got it, man.
[26:50.500 --> 26:51.500]  I think so.
[26:51.500 --> 26:57.660]  Yeah, and in the mandamus and the first paragraph of it, I put a line in there something to
[26:57.660 --> 27:05.980]  the fact of from records I obtained from the state patrol, I have reason to believe he
[27:05.980 --> 27:12.820]  may be involved in a criminal activity and these records may, I forget exactly that word,
[27:12.820 --> 27:16.900]  but something to that effect.
[27:16.900 --> 27:21.380]  So I kind of allege that he might be involved in criminal activity.
[27:21.380 --> 27:24.980]  I didn't say he was, I said I believe he might be.
[27:24.980 --> 27:26.860]  Yes, Mark.
[27:26.860 --> 27:33.940]  I'm thinking about that.
[27:33.940 --> 27:41.620]  That may give him another claim, but I'm sure he wouldn't want to raise it and that would
[27:41.620 --> 27:44.340]  be a Fifth Amendment claim.
[27:44.340 --> 27:48.180]  Yeah, that's a good point.
[27:48.180 --> 27:54.340]  I'm sure he wouldn't claim that, but I would have thought that if he was concerned, he
[27:54.340 --> 28:01.740]  would at least bring the work product claim, but even then, if he knows anything about
[28:01.740 --> 28:08.020]  law, he's going to know that that claim will only hold him until he can adjudicate this
[28:08.020 --> 28:16.780]  traffic issue and he probably doesn't think he has enough leverage with a traffic claim
[28:16.780 --> 28:21.380]  to get you off of a claim that may cost him his job.
[28:21.380 --> 28:22.700]  Yeah.
[28:22.700 --> 28:29.260]  So it sounds like the prosecutor may be between a rock and a hard place and we certainly hope
[28:29.260 --> 28:30.260]  he is.
[28:30.260 --> 28:32.220]  Yeah, I think so.
[28:32.220 --> 28:38.780]  Something else regarding him is I had a question about bar grievances, so I got a bunch of
[28:38.780 --> 28:42.660]  bar grievances I can file against them, but I want to space them out enough so that they're
[28:42.660 --> 28:45.340]  not all counted as one bar grievance.
[28:45.340 --> 28:51.780]  So is once a week, is that spacing it out enough or should I wait even longer than that?
[28:51.780 --> 28:56.540]  I tend to think so, but Brett's the better guy to answer.
[28:56.540 --> 29:02.700]  These are... Well, I found something in Texas that has... It's the Texas disciplinary rules
[29:02.700 --> 29:08.540]  of procedure and pretty much nobody cares about that set of rules except the people
[29:08.540 --> 29:13.940]  who are tasked with doing the triage for bar grievances that are coming in.
[29:13.940 --> 29:18.920]  They have to follow those rules and in those rules, we find that they are allowed to lump
[29:18.920 --> 29:22.540]  things together if they land within 30 days.
[29:22.540 --> 29:28.620]  They have to dispose of what comes in within 30 days, so they can't just let it sit there
[29:28.620 --> 29:33.540]  and stack up, but whichever one comes in, they have to get rid of it in 30 days.
[29:33.540 --> 29:38.980]  They have to handle it with their triage and so then it can't be lumped together.
[29:38.980 --> 29:41.380]  But it's 30 days for Texas.
[29:41.380 --> 29:50.420]  You might find something completely different in Wisconsin there and just look for the rules.
[29:50.420 --> 29:56.140]  I'm going to suggest that regardless of what the state does, the insurance company is not
[29:56.140 --> 29:57.140]  going to do that.
[29:57.140 --> 29:58.500]  They're not going to lump so much.
[29:58.500 --> 29:59.500]  Hang on.
[29:59.500 --> 30:06.300]  We'll be... It's clear cell phones have changed the way we live and work, but have they negatively
[30:06.300 --> 30:07.300]  affected our health?
[30:07.300 --> 30:11.460]  I'm Dr. Catherine Albrecht and I'll be back in just a moment with new findings about how
[30:11.460 --> 30:15.780]  cell phones may actually alter our brain chemistry.
[30:15.780 --> 30:17.340]  Privacy is under attack.
[30:17.340 --> 30:21.140]  When you give up data about yourself, you'll never get it back again.
[30:21.140 --> 30:26.220]  Once your privacy is gone, you'll find your freedoms will start to vanish too.
[30:26.220 --> 30:27.220]  Protect your rights.
[30:27.220 --> 30:30.740]  Say no to surveillance and keep your information to yourself.
[30:30.740 --> 30:33.500]  Privacy, it's worth hanging on to.
[30:33.500 --> 30:37.780]  This public service announcement is brought to you by StartPage.com, the private search
[30:37.780 --> 30:41.320]  engine alternative to Google, Yahoo, and Bing.
[30:41.320 --> 30:45.140]  Start over with StartPage.
[30:45.140 --> 30:47.260]  Cell phones emit radio frequency energy.
[30:47.260 --> 30:48.260]  That's a fact.
[30:48.260 --> 30:51.780]  But whether it's dangerous to have a phone beaming this kind of radiation near your head
[30:51.780 --> 30:52.780]  has been disputed.
[30:52.780 --> 30:57.180]  Some have blamed it for brain tumors, while cell phone companies have downplayed concerns.
[30:57.180 --> 31:01.700]  Well, now the Journal of the American Medical Association is confirming that cell phones
[31:01.700 --> 31:02.700]  affect brain chemistry.
[31:02.700 --> 31:08.300]  A study of 47 volunteers showed that glucose metabolism in the area of the brain closest
[31:08.300 --> 31:11.980]  to the cell phone antenna increases when the cell phone is on.
[31:11.980 --> 31:16.300]  While researchers aren't sure whether this exposure causes damage, I'm not taking any
[31:16.300 --> 31:17.300]  chances.
[31:17.300 --> 31:20.300]  I always keep the phone far from my body and I use a corded headset.
[31:20.300 --> 31:22.300]  I'm Dr. Catherine Albrecht.
[31:22.300 --> 31:30.620]  More news and information at CatherineAlbrecht.com.
[31:30.620 --> 31:31.620]  I lost my son.
[31:31.620 --> 31:32.620]  My nephew.
[31:32.620 --> 31:33.620]  My uncle.
[31:33.620 --> 31:34.620]  My son.
[31:34.620 --> 31:35.620]  On September 11th, 2001.
[31:35.620 --> 31:38.900]  Most people don't know that a third tower fell on September 11th.
[31:38.900 --> 31:42.980]  World Trade Center 7, a 47-story skyscraper, was not hit by a plane.
[31:42.980 --> 31:48.860]  Although the official explanation is that fire brought down Building 7, over 1,200 architects
[31:48.860 --> 31:52.620]  and engineers have looked into the evidence and believe there is more to the story.
[31:52.620 --> 31:54.100]  Bring justice to my son.
[31:54.100 --> 31:55.100]  My uncle.
[31:55.100 --> 31:56.100]  My nephew.
[31:56.100 --> 31:57.100]  My son.
[31:57.100 --> 31:58.100]  Go to buildingwatch.org.
[31:58.100 --> 31:59.100]  Why it fell.
[31:59.100 --> 32:00.100]  Why it matters.
[32:00.100 --> 32:01.820]  And what you can do.
[32:01.820 --> 32:06.180]  Are you looking to have a closer relationship with God and a better understanding of His
[32:06.180 --> 32:07.180]  Word?
[32:07.180 --> 32:12.340]  Then tune in to LogosRadioNetwork.com on Wednesdays from 8 to 10 p.m. Central Time for Scripture
[32:12.340 --> 32:18.740]  Talk where Nana and her guests discuss the Scriptures in accord with 2nd Timothy 2.15.
[32:18.740 --> 32:23.260]  Study to show thyself approved unto God, a workman that needed not to be ashamed, rightly
[32:23.260 --> 32:25.660]  dividing the Word of Truth.
[32:25.660 --> 32:29.660]  Starting in January, our first hour studies are in the Book of Mark where we'll go verse
[32:29.660 --> 32:32.980]  by verse and discuss the true Gospel message.
[32:32.980 --> 32:37.620]  Our second hour topical studies will vary each week with discussions on sound doctrine
[32:37.620 --> 32:39.980]  and Christian character development.
[32:39.980 --> 32:44.500]  We wish to reflect God's light and be a blessing to all those with a hearing ear.
[32:44.500 --> 32:48.900]  Our goal is to strengthen our faith and to transform ourselves more into the likeness
[32:48.900 --> 32:50.500]  of our Lord and Savior Jesus.
[32:50.500 --> 32:57.740]  So tune in to Scripture Talk live on LogosRadioNetwork.com Wednesdays from 8 to 10 p.m. to inspire and
[32:57.740 --> 33:00.300]  motivate your studies of the Scriptures.
[33:00.300 --> 33:10.300]  You're listening to the LogosRadioNetwork at LogosRadioNetwork.com.
[33:30.300 --> 33:45.500]  Okay, we are back, Randy Kelton, Brett Fountain, Rule of Law Radio, and on the break, Brett
[33:45.500 --> 33:53.700]  and I were discussing this a little bit about what if, Brett was saying, what if you notify
[33:53.700 --> 33:56.860]  the lawyer himself that you've bargrieved him?
[33:56.860 --> 34:00.860]  Give him pros and cons.
[34:00.860 --> 34:08.980]  The code says that when you file a grievance, the lawyer is forbidden to address the grievance
[34:08.980 --> 34:11.900]  with the filer.
[34:11.900 --> 34:19.340]  And that fits because you don't want whoever files a grievance to be badgered by the person
[34:19.340 --> 34:21.540]  you filed it against.
[34:21.540 --> 34:27.540]  And every public official that you file against, they have a problem there.
[34:27.540 --> 34:32.700]  If the law doesn't tell them they shouldn't speak to you, their good sense should tell
[34:32.700 --> 34:41.860]  them they shouldn't speak to you because anything they do or say can be construed as retaliation.
[34:41.860 --> 34:47.140]  So you go into court and just before you step through the courthouse door, you hand this
[34:47.140 --> 34:53.220]  to the lawyer, you copy up your bar grievance.
[34:53.220 --> 34:58.900]  That's likely to pull him off his game and if he tries to discuss it with you because
[34:58.900 --> 35:06.460]  you talk to him so he should be able to talk to you, you grieve him for it.
[35:06.460 --> 35:10.540]  Nothing like setting him up.
[35:10.540 --> 35:19.580]  I still think about the county attorney in Wise County who got appointed as a prosecuting
[35:19.580 --> 35:20.580]  attorney.
[35:20.580 --> 35:27.340]  When the county judge died, the district attorney was appointed to take his place.
[35:27.340 --> 35:32.420]  The county attorney was appointed to the district attorney's place and they appointed this guy
[35:32.420 --> 35:33.420]  for county.
[35:33.420 --> 35:36.220]  He was a real nice guy.
[35:36.220 --> 35:42.420]  And then Brett grieved him and he really hurt his feelings.
[35:42.420 --> 35:46.020]  Oh, I've never been grieved before.
[35:46.020 --> 35:50.820]  And by some random guy that didn't have anything to do with anything.
[35:50.820 --> 35:54.300]  Yeah, just come out of the blue.
[35:54.300 --> 35:57.860]  It was really good to see how this guy responded to that.
[35:57.860 --> 36:02.940]  Since I didn't file it, he could talk to me about it and he was in front of the county
[36:02.940 --> 36:10.900]  judge who is genuinely a nice guy and apparently they were friends and the county judge and
[36:10.900 --> 36:15.860]  I have a good relationship so we were having this conversation and he spoke candidly and
[36:15.860 --> 36:19.340]  it really hurt his feelings that he got bar grieved.
[36:19.340 --> 36:22.020]  So it does put him off the game.
[36:22.020 --> 36:33.380]  Point Jason, you might consider the politics of bar grievances as a tool to manipulate
[36:33.380 --> 36:36.380]  the lawyer.
[36:36.380 --> 36:39.340]  You know, it's funny you mention that because I actually did.
[36:39.340 --> 36:45.500]  When I filed the bar grievance, I sent it by email and I cc'd the district attorney.
[36:45.500 --> 36:50.140]  Oh, it'd be better bushwhacking him in court.
[36:50.140 --> 36:52.620]  Yeah, I guess.
[36:52.620 --> 36:56.460]  You're about to step through the door, there you go.
[36:56.460 --> 37:01.100]  Here's a Christmas present for you, bubba.
[37:01.100 --> 37:04.580]  I just wanted him to come into work first thing Monday morning and get on his computer
[37:04.580 --> 37:06.380]  and see that sitting there for him.
[37:06.380 --> 37:07.380]  Good.
[37:07.380 --> 37:11.180]  I could do that every Monday morning actually, that's kind of why I was asking about how
[37:11.180 --> 37:15.180]  far I could pay smoke because I want to make that like a once every Monday morning thing
[37:15.180 --> 37:16.540]  for him.
[37:16.540 --> 37:23.180]  Jason, you're cruel.
[37:23.180 --> 37:26.100]  You're going to get a lump of coal in your stocking.
[37:26.100 --> 37:31.620]  After he sees a couple of these on a Monday morning, he's going to hate to come into work
[37:31.620 --> 37:36.620]  the following day.
[37:36.620 --> 37:37.620]  Okay.
[37:37.620 --> 37:40.900]  So where are we on your case itself?
[37:40.900 --> 37:43.740]  You have the mandamus in place.
[37:43.740 --> 37:51.500]  They've denied your motion for a stay of proceedings or we would generally call that a plea and
[37:51.500 --> 37:52.700]  abatement.
[37:52.700 --> 37:54.980]  So have they set a trial date?
[37:54.980 --> 37:59.620]  No, they haven't set a trial date for that yet.
[37:59.620 --> 38:06.580]  Do you have any motions or pleadings before the court that need to be addressed?
[38:06.580 --> 38:07.580]  Only the writ of mandamus.
[38:07.580 --> 38:14.180]  Yes, there is another issue I was going to get to here is there's a filing fee of $195
[38:14.180 --> 38:18.580]  that they gave, sent me a letter saying I have to pay that within 10 days or the case
[38:18.580 --> 38:20.180]  is going to be dismissed.
[38:20.180 --> 38:27.380]  So I got two options, I guess here, I can just pay it, which I mean, I can afford it,
[38:27.380 --> 38:34.220]  but it's going to be a little difficult for me right now, or I can file a motion to waive
[38:34.220 --> 38:39.860]  fees and the official form they have you fill all, you have to put in all your financial
[38:39.860 --> 38:40.860]  information and stuff.
[38:40.860 --> 38:41.860]  Well, I don't want to do that.
[38:41.860 --> 38:42.860]  I want to...
[38:42.860 --> 38:49.300]  Well, put in an objection to this, releasing this information under the...
[38:49.300 --> 38:50.300]  What was it?
[38:50.300 --> 38:55.180]  We just talked about it yesterday, Brett, not on the telegram side, the unconstitutional
[38:55.180 --> 39:03.300]  conditions doctrine that it's inappropriate to force me to give up my private information
[39:03.300 --> 39:07.980]  in order to receive a constitutional benefit.
[39:07.980 --> 39:08.980]  Yeah.
[39:08.980 --> 39:12.780]  I used that today in the federal courthouse.
[39:12.780 --> 39:21.420]  I also have Article 1, Section 9 of the Wisconsin Constitution that says essentially that you
[39:21.420 --> 39:28.220]  can't be forced to pay for relief for harm's cause to you.
[39:28.220 --> 39:31.340]  Good.
[39:31.340 --> 39:37.780]  So filing that should stay the 10-day period.
[39:37.780 --> 39:38.780]  Okay.
[39:38.780 --> 39:40.380]  I was wondering about that.
[39:40.380 --> 39:44.020]  If I file a motion like that and it's denied, I was wondering if they're just going to throw
[39:44.020 --> 39:52.380]  out my whole case or if at that point if I'll have the opportunity to actually pay the fee.
[39:52.380 --> 40:00.900]  When you file the motion for a motion to inability to pay, you should also ask them to stay the
[40:00.900 --> 40:09.020]  10-day time period until the motion for inability to pay is adjudicated.
[40:09.020 --> 40:10.420]  That's the standard procedure.
[40:10.420 --> 40:15.260]  Otherwise, it would eliminate your remedy.
[40:15.260 --> 40:19.700]  So when they say 10 days, they didn't specify, is that 10 business days or is that actually
[40:19.700 --> 40:20.700]  10 days?
[40:20.700 --> 40:21.700]  Because that was Monday...
[40:21.700 --> 40:22.700]  It's generally 10 days.
[40:22.700 --> 40:23.700]  Okay.
[40:23.700 --> 40:24.700]  So if I...
[40:24.700 --> 40:31.420]  Yeah, if it doesn't say business, then go with calendar days.
[40:31.420 --> 40:37.860]  Unless the 10th day lands on a weekend or holiday, then it moves to the next calendar
[40:37.860 --> 40:39.780]  day, next business day.
[40:39.780 --> 40:40.780]  Okay.
[40:40.780 --> 40:46.580]  So if I file this motion on Monday, then that gives me three more days basically.
[40:46.580 --> 40:52.940]  So if I ask them to stay that until they adjudicated, then as soon as it's adjudicated and they deny
[40:52.940 --> 40:56.220]  it or whatever, then I'd have three more days basically to pay the fee is...
[40:56.220 --> 40:57.220]  That's what...
[40:57.220 --> 41:04.020]  No, but you got to time it seven days.
[41:04.020 --> 41:13.920]  If you file it on a Wednesday, the 10th day would land on a Saturday.
[41:13.920 --> 41:18.820]  That would give you a couple extra days, two extra days.
[41:18.820 --> 41:24.540]  If you file it on a Monday, the 10th day will land on a Wednesday.
[41:24.540 --> 41:25.540]  Yeah.
[41:25.540 --> 41:32.340]  See, I wasn't thinking of that, but also I wanted to get everything filed on Monday because
[41:32.340 --> 41:34.580]  my case was pending on Tuesday.
[41:34.580 --> 41:38.420]  So that's kind of why I did that.
[41:38.420 --> 41:44.500]  Well, if you go ahead and file that and ask for a stay on the 10-day time limit until
[41:44.500 --> 41:50.340]  your request could be adjudicated, that's reasonable, otherwise they will deny you...
[41:50.340 --> 41:56.060]  If they don't give you time to adjudicate this, then they've denied you your remedy.
[41:56.060 --> 41:58.980]  And if they do that, then you can immediately appeal that.
[41:58.980 --> 41:59.980]  Okay.
[41:59.980 --> 42:01.540]  This is the court of appeals.
[42:01.540 --> 42:04.620]  It would go straight to the Supreme.
[42:04.620 --> 42:06.020]  I was just kind of debating.
[42:06.020 --> 42:12.300]  Do I try to scrape up the money and not screw up my case here or do I file the motion first
[42:12.300 --> 42:17.700]  and see what happens and then pay the fee, you know?
[42:17.700 --> 42:23.540]  I'm going to say that you can refile the mandamus even if they deny it.
[42:23.540 --> 42:24.540]  Yeah.
[42:24.540 --> 42:29.540]  If they totally dismiss the mandamus, then I can refile it, you're saying?
[42:29.540 --> 42:30.540]  Yes.
[42:30.540 --> 42:32.420]  Yes, because it was technically...
[42:32.420 --> 42:35.940]  You can file an amended.
[42:35.940 --> 42:44.780]  And if they deny this, that's an issue that should go to the Supreme.
[42:44.780 --> 42:49.580]  They're denying you your remedy.
[42:49.580 --> 42:58.900]  What if you live on the streets, don't have a job, only get Social Security like me?
[42:58.900 --> 43:00.900]  You simply don't have that money.
[43:00.900 --> 43:07.940]  If they don't allow you an opportunity to seek remedy, then they've denied you in your
[43:07.940 --> 43:10.700]  remedy.
[43:10.700 --> 43:15.740]  Can't see that happening, but I can't say for sure.
[43:15.740 --> 43:19.020]  So this is, you're flipping a coin here.
[43:19.020 --> 43:23.620]  Well, I think I'm going to think about it a little bit, but I'm pretty sure...
[43:23.620 --> 43:25.020]  Oh, wait a minute, wait a minute.
[43:25.020 --> 43:32.140]  No matter what the Court of Appeals does on your mandamus, if they deny your mandamus
[43:32.140 --> 43:35.740]  for a lack of payment, you can appeal that to the Supreme.
[43:35.740 --> 43:40.780]  That's a good point.
[43:40.780 --> 43:41.780]  Still in there.
[43:41.780 --> 43:43.900]  I think I'm going to go that route then.
[43:43.900 --> 43:47.660]  There's almost always something you can do.
[43:47.660 --> 43:48.660]  Okay.
[43:48.660 --> 43:49.660]  Yeah.
[43:49.660 --> 43:54.060]  Do you have anything for the other side?
[43:54.060 --> 43:55.060]  Yeah.
[43:55.060 --> 43:56.060]  A few quick things.
[43:56.060 --> 43:57.060]  It won't take too long.
[43:57.060 --> 43:58.060]  Okay.
[43:58.060 --> 43:59.060]  Okay.
[43:59.060 --> 44:00.060]  Hang on.
[44:00.060 --> 44:01.060]  Randy, come.
[44:01.060 --> 44:02.060]  Brett Fountain.
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[46:20.660 --> 46:40.100]  Okay.
[46:40.100 --> 46:41.100]  We are back.
[46:41.100 --> 46:43.140]  Randy Kelton, Brett Fountain, Rule of Law Radio.
[46:43.140 --> 46:47.140]  We're talking to Jason in Wisconsin, and Jason, you had some more questions.
[46:47.140 --> 46:53.980]  Yeah, a couple of more quick things on the mandamus, and then a couple of things going
[46:53.980 --> 46:57.860]  back to the circuit court case.
[46:57.860 --> 47:02.980]  I'm thinking here I might have a good case to file a mandamus against the state patrol
[47:02.980 --> 47:06.740]  when I was doing open records requests with them.
[47:06.740 --> 47:10.340]  I found some good case law that I could probably use against them for some of the stuff they
[47:10.340 --> 47:11.340]  denied me.
[47:11.340 --> 47:16.180]  Is that something I would file separately, or would I amend it?
[47:16.180 --> 47:20.780]  Yes.
[47:20.780 --> 47:25.700]  Is it related to this same case?
[47:25.700 --> 47:32.380]  It's related to the same traffic case, yes, but it's a totally different records request.
[47:32.380 --> 47:37.940]  Then you might consider filing an amended petition for read a mandamus.
[47:37.940 --> 47:41.860]  That'll reset the clock.
[47:41.860 --> 47:43.740]  Include the state patrol on it then?
[47:43.740 --> 47:46.420]  Yeah, include the state patrol.
[47:46.420 --> 47:55.700]  It'll reset the clock, and if they deny you on the... Well, it'll reset the clock, so
[47:55.700 --> 48:01.460]  you have time to file a petition for inability to pay.
[48:01.460 --> 48:05.260]  Inability to pay doesn't mean you don't have any money.
[48:05.260 --> 48:11.900]  Inability to pay just means that it would cause a hardship that would tend to ask yourself
[48:11.900 --> 48:16.300]  the question you're now asking yourself.
[48:16.300 --> 48:17.300]  Is it worth it?
[48:17.300 --> 48:21.580]  It would kill your access to the court.
[48:21.580 --> 48:29.500]  I did some reading in the statute to say that essentially they go by what the federal poverty
[48:29.500 --> 48:33.460]  guidelines are, or if you're on a government assistance program, that's the only way they'll
[48:33.460 --> 48:36.820]  grant your request according to statute.
[48:36.820 --> 48:44.100]  No, it's been my experience that the feds are a lot quicker to grant the ability to
[48:44.100 --> 48:46.100]  pay than the states are.
[48:46.100 --> 48:52.380]  Yeah, but I'm thinking doesn't the constitution trump what the state statute says, and wouldn't
[48:52.380 --> 48:55.860]  that set me up for a declaratory judgment suit if they deny it?
[48:55.860 --> 49:01.780]  Yeah, their problem with that is it would lead to a constitutional challenge.
[49:01.780 --> 49:06.420]  If you reference the constitution in there, that will warn them that you're prepared to
[49:06.420 --> 49:10.460]  go for this on a constitutional challenge.
[49:10.460 --> 49:11.900]  Okay.
[49:11.900 --> 49:17.780]  That when you were notified you had to pay $195, what would be the fine on the traffic
[49:17.780 --> 49:18.780]  ticket?
[49:18.780 --> 49:26.420]  One of them is actually both of them are $200 each, so $400 total.
[49:26.420 --> 49:30.420]  So that's as much as one traffic ticket.
[49:30.420 --> 49:31.900]  That's an unconscionable amount.
[49:31.900 --> 49:33.940]  Yeah, I'm thinking about it, yeah.
[49:33.940 --> 49:41.300]  So you might tell them I could pay this, but it would be a hardship.
[49:41.300 --> 49:48.980]  And because of that, I have to decide whether I'm willing to endure this hardship in order
[49:48.980 --> 49:52.840]  to seek redress in the courts.
[49:52.840 --> 49:59.860]  And because I would have to do that, that would make this a constitutional issue.
[49:59.860 --> 50:06.100]  That tells them if you turn me down or take this to the Supreme as a constitutional challenge.
[50:06.100 --> 50:14.580]  And they do not like constitutional challenges because they're going to say what if the Supreme
[50:14.580 --> 50:24.340]  says yes, he's right, asking him to pay half the amount of what the fine would be just
[50:24.340 --> 50:30.900]  to get the case adjudicated is unconscionable.
[50:30.900 --> 50:33.860]  Okay that's a good point I could include in there.
[50:33.860 --> 50:40.700]  Yeah, you're not going to get that back unless you turn around and sue them.
[50:40.700 --> 50:47.100]  So if you were charged with something that had a $10,000 fine, that would be a different
[50:47.100 --> 50:48.100]  issue.
[50:48.100 --> 50:56.220]  But for a $400 fine, you've got to put up $195 to get an adjudication through the courts,
[50:56.220 --> 50:57.220]  that's unreasonable.
[50:57.220 --> 51:00.220]  Yeah, it's kind of how I've been thinking about it.
[51:00.220 --> 51:04.620]  Yeah, I could probably come up with the money if I absolutely had to, but I've been thinking,
[51:04.620 --> 51:09.940]  you know, that's like you said, that's half of the fines I'm facing, so it doesn't make
[51:09.940 --> 51:11.700]  sense to pay that much.
[51:11.700 --> 51:18.620]  And the problem is that you have to mentally do this calculation.
[51:18.620 --> 51:26.020]  That has the effect of killing your access to redress of grievance.
[51:26.020 --> 51:29.740]  And that would amount to a constitutional issue.
[51:29.740 --> 51:39.420]  Okay, so as far as amending the mandamus goes, I'll tell you the main issue that I have with
[51:39.420 --> 51:44.820]  the state patrol with their response to my open records request.
[51:44.820 --> 51:50.620]  One of the items I requested was the operator's manual for their radar gun, and they denied
[51:50.620 --> 51:53.260]  it and said that it's copyrighted material.
[51:53.260 --> 52:00.260]  Well, I found case law that says that that is actually considered fair use and they can't
[52:00.260 --> 52:02.860]  hide behind copyright claim.
[52:02.860 --> 52:06.860]  Okay, that's a bigger issue then that is a direct violation.
[52:06.860 --> 52:11.740]  Okay, here's what I do with information requests in Texas.
[52:11.740 --> 52:16.380]  If I file an information request and they request an opinion from the attorney general,
[52:16.380 --> 52:24.420]  and the attorney general gives them a letter of opinion, a letter of opinion is not like
[52:24.420 --> 52:30.780]  an actual opinion, you know, a lot of times I quote attorney general opinion JM 500.
[52:30.780 --> 52:35.940]  That's the actual decision on the original issue.
[52:35.940 --> 52:42.100]  Something after that, we'll use a letter of opinion to reference that actual determination
[52:42.100 --> 52:44.220]  by the attorney general.
[52:44.220 --> 52:49.740]  If there has been a pre-existing determination, and I'll know that by getting a letter of
[52:49.740 --> 52:57.500]  opinion, then I immediately charged them with violating the act by requesting this opinion
[52:57.500 --> 53:00.660]  when there were pre-existing determinations.
[53:00.660 --> 53:02.540]  They have a duty to know that.
[53:02.540 --> 53:05.340]  Yeah, we'll look it up.
[53:05.340 --> 53:18.220]  Cruz VUS, if an official violates the ruling of this court and he be saying, he may not
[53:18.220 --> 53:21.340]  be heard to say he knows not what he does.
[53:21.340 --> 53:27.780]  So of all people who should know the law, those who enforce it or should, Cruz says
[53:27.780 --> 53:28.780]  they have to.
[53:28.780 --> 53:32.980]  Yeah, so then it becomes a delay for delays sake.
[53:32.980 --> 53:38.980]  They just wanted to add an extra 45 to 60 days to your response for no real reason.
[53:38.980 --> 53:45.140]  And force you to have to pay $195 to get the records.
[53:45.140 --> 53:51.620]  So I guess I would go back to the question then do I amend the mandamus to add the state
[53:51.620 --> 53:56.580]  patrol or do I pursue them separately?
[53:56.580 --> 54:01.820]  Amend the mandamus and that will replace the one that's before the court.
[54:01.820 --> 54:06.260]  I might be able to find some other claims against them because I've filed probably seven
[54:06.260 --> 54:07.660]  or eight open records requests.
[54:07.660 --> 54:11.220]  I got to go back and look through all of them to see exactly everything they denied and
[54:11.220 --> 54:12.780]  do a little research on it.
[54:12.780 --> 54:17.580]  It would be very good to find a pattern of misconduct.
[54:17.580 --> 54:23.580]  Okay, so If you find a pattern of misconduct, then
[54:23.580 --> 54:26.580]  you file criminally.
[54:26.580 --> 54:31.900]  Okay, okay.
[54:31.900 --> 54:39.580]  In Wisconsin, are court of appeals judges also construed to be magistrates?
[54:39.580 --> 54:43.660]  See that I'm not sure about.
[54:43.660 --> 54:51.340]  I found the statute talking about filing criminal complaints and the wording of it says you
[54:51.340 --> 54:56.980]  can file a criminal complaint with any district attorney or any judge that uses the word judge,
[54:56.980 --> 54:58.980]  not magistrate.
[54:58.980 --> 55:00.100]  Judge works.
[55:00.100 --> 55:04.260]  That means all judges stand in the shoes of a magistrate.
[55:04.260 --> 55:09.380]  And these appellate court judges, they're judges, it's certainly that way in Texas.
[55:09.380 --> 55:15.220]  Texas has a statute who are magistrates and it lists every judge in Texas.
[55:15.220 --> 55:19.940]  Justices of the Supreme, judges of the court of criminal appeals, appellate judges, district
[55:19.940 --> 55:25.660]  judges, county judges, justices of the peace, municipal judges, it lists them all.
[55:25.660 --> 55:30.180]  So you're almost certainly going to be the same because it's that way in every state
[55:30.180 --> 55:32.060]  I've ever looked at.
[55:32.060 --> 55:35.940]  So file the verified criminal complaints with your mandamus.
[55:35.940 --> 55:44.100]  Okay, I was about to say if I allege a criminal offense in the mandamus, do they have a responsibility
[55:44.100 --> 55:45.660]  to act on that?
[55:45.660 --> 55:53.340]  Well, the way my code reads, if a magistrate has it made known to him that a crime has
[55:53.340 --> 55:58.100]  been committed, he must convene an examining court.
[55:58.100 --> 56:05.900]  You're going to have similar language in Wisconsin because there will be no chance that a magistrate
[56:05.900 --> 56:11.580]  can decide whether or not he wants to do his job.
[56:11.580 --> 56:18.940]  So maybe I should amend my mandamus to let them know that I have reason to believe that
[56:18.940 --> 56:24.380]  the district attorney has committed barritory.
[56:24.380 --> 56:30.060]  Is barritory, do you have it defined in Wisconsin law?
[56:30.060 --> 56:32.340]  Yes, we do.
[56:32.340 --> 56:37.580]  It's punishable by six months in jail and it's a $500 fine.
[56:37.580 --> 56:42.980]  Absolutely, you should amend it and add those criminal complaints.
[56:42.980 --> 56:47.780]  Or you don't have to amend the mandamus, the criminal complaints are actually not part
[56:47.780 --> 56:48.780]  of the mandamus.
[56:48.780 --> 56:50.980]  They're just in conjunction.
[56:50.980 --> 56:57.740]  You're giving notice to the judge, not I haven't seen anything to say how you give notice to
[56:57.740 --> 57:00.740]  the judge.
[57:00.740 --> 57:02.660]  Give notice to the judge any way you want to.
[57:02.660 --> 57:10.820]  I'm going to go after four judges on the Texas Commission for Judicial Conduct because I
[57:10.820 --> 57:19.660]  filed a judicial misconduct complaint and I included criminal complaints with it and
[57:19.660 --> 57:20.660]  they ignored them.
[57:20.660 --> 57:25.380]  So I'm going to file against them, just hadn't got to it yet.
[57:25.380 --> 57:28.660]  You put these appellate court judges in the same place.
[57:28.660 --> 57:32.900]  They forget that they're magistrates.
[57:32.900 --> 57:37.660]  I had a district judge in Travis County tell me, well Mr. Kelton, I'm a district judge
[57:37.660 --> 57:42.820]  and district judges in Travis County don't take criminal complaints.
[57:42.820 --> 57:47.540]  I said, well that's okay your honor, I'm not here to invoke your duty as a district judge.
[57:47.540 --> 57:52.100]  I'm here to invoke your duty as a magistrate and that's a duty from which you may not shield
[57:52.100 --> 57:54.100]  yourself.
[57:54.100 --> 57:58.140]  That's when he looked over at the bailiff in back of me and I know he's thinking, I am
[57:58.140 --> 58:02.900]  a bailiff, you just can't get away with it.
[58:02.900 --> 58:07.140]  But the point is, they're judges, they're magistrates.
[58:07.140 --> 58:15.860]  You invoke their duty, they have a duty to do it or you've got official misconduct.
[58:15.860 --> 58:24.340]  Okay, that answers all your questions and do you have any more for the other side?
[58:24.340 --> 58:30.060]  I had a couple of quick things about my traffic case, it shouldn't take very long.
[58:30.060 --> 58:37.940]  Okay, hang on, Randy Kelton, Brett Fountain rules our radio and I left 10 seconds open
[58:37.940 --> 58:38.940]  for Brett.
[58:38.940 --> 58:39.940]  Brett, you're on.
[58:39.940 --> 58:50.420]  Okay, so I started out a little early, my bad.
[58:50.420 --> 58:54.580]  Would you like to make more definite progress in your walk with God?
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[59:49.900 --> 01:00:02.340]  Live, free speech radio, logosradionetwork.com.
[01:00:02.340 --> 01:00:06.020]  The Bill of Rights contains the first ten amendments of our Constitution.
[01:00:06.020 --> 01:00:09.460]  They guarantee the specific freedoms Americans should know and protect.
[01:00:09.460 --> 01:00:10.940]  Our liberty depends on it.
[01:00:10.940 --> 01:00:14.860]  I'm Dr. Catherine Albrecht and I'll be right back with an unforgettable way to remember
[01:00:14.860 --> 01:00:17.700]  one of your constitutional rights.
[01:00:17.700 --> 01:00:19.300]  Privacy is under attack.
[01:00:19.300 --> 01:00:23.700]  When you give up data about yourself, you'll never get it back again and once your privacy
[01:00:23.700 --> 01:00:27.700]  is gone, you'll find your freedoms will start to vanish too.
[01:00:27.700 --> 01:00:32.780]  So protect your rights, say no to surveillance and keep your information to yourself.
[01:00:32.780 --> 01:00:35.460]  Privacy, it's worth hanging on to.
[01:00:35.460 --> 01:00:39.740]  This public service announcement is brought to you by Startpage.com, the private search
[01:00:39.740 --> 01:00:43.280]  engine alternative to Google, Yahoo and Bing.
[01:00:43.280 --> 01:00:45.380]  Start over with Startpage.
[01:00:45.380 --> 01:00:49.060]  Imagine your mom and dad are getting ready for bed.
[01:00:49.060 --> 01:00:52.180]  They pull back the covers and find a third party there.
[01:00:52.180 --> 01:00:55.340]  He announces, I'm with the military and I'm sleeping here tonight.
[01:00:55.340 --> 01:00:59.500]  That shocking image of a third party in my parents' bed reminds me what the third amendment
[01:00:59.500 --> 01:01:01.100]  was designed to prevent.
[01:01:01.100 --> 01:01:05.300]  It protects us from being forced to share our homes with soldiers, a common demand in
[01:01:05.300 --> 01:01:07.420]  the days of our founding fathers.
[01:01:07.420 --> 01:01:09.420]  Third party, third amendment, get it?
[01:01:09.420 --> 01:01:13.580]  So if you answer a knock at your door and guys in fatigues demand lodging, tell them
[01:01:13.580 --> 01:01:17.180]  to dust off their copy of the Bill of Rights and reread the third amendment.
[01:01:17.180 --> 01:01:32.140]  I'm Dr. Catherine Albrecht, more news and information at CatherineAlbrecht.com.
[01:01:32.140 --> 01:01:35.780]  The Bill of Rights contains the first 10 amendments of our Constitution.
[01:01:35.780 --> 01:01:39.260]  They guarantee the specific freedoms Americans should know and protect.
[01:01:39.260 --> 01:01:40.700]  Our liberty depends on it.
[01:01:40.700 --> 01:01:44.620]  I'm Dr. Catherine Albrecht and I'll be right back with an unforgettable way to remember
[01:01:44.620 --> 01:01:47.620]  one of your constitutional rights.
[01:01:47.620 --> 01:01:49.220]  Privacy is under attack.
[01:01:49.220 --> 01:01:52.820]  When you give up data about yourself, you'll never get it back again.
[01:01:52.820 --> 01:01:57.580]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[01:01:57.580 --> 01:02:02.660]  So protect your rights, say no to surveillance and keep your information to yourself.
[01:02:02.660 --> 01:02:05.340]  Privacy, it's worth hanging on to.
[01:02:05.340 --> 01:02:09.640]  This public service announcement is brought to you by StartPage.com, the private search
[01:02:09.640 --> 01:02:13.180]  engine alternative to Google, Yahoo and Bing.
[01:02:13.180 --> 01:02:16.860]  Start over with StartPage.
[01:02:16.860 --> 01:02:22.220]  Imagine four eyes staring at you through binoculars, a magnifying glass or a pair of x-ray goggles.
[01:02:22.220 --> 01:02:26.700]  That imagery reminds me that the Fourth Amendment guarantees Americans freedom from unreasonable
[01:02:26.700 --> 01:02:28.180]  search and seizure.
[01:02:28.180 --> 01:02:31.340]  Fourth Amendment, four eyes staring at you, get it?
[01:02:31.340 --> 01:02:34.540]  Unfortunately, the government is trampling our Fourth Amendment rights in the name of
[01:02:34.540 --> 01:02:35.540]  security.
[01:02:35.540 --> 01:02:40.180]  Case in point, TSA airport scanners that peer under your clothing.
[01:02:40.180 --> 01:02:44.220]  When government employees demand a peep at your privates without probable cause, I say
[01:02:44.220 --> 01:02:47.020]  it's time to sound the constitutional alarm bells.
[01:02:47.020 --> 01:02:51.300]  Join me in asking our representatives to dust off the Bill of Rights and use their googly
[01:02:51.300 --> 01:02:53.500]  eyes to take a gander at the Fourth.
[01:02:53.500 --> 01:02:55.380]  I'm Dr. Catherine Albrecht.
[01:02:55.380 --> 01:03:04.860]  More news and information at CatherineAlbrecht.com.
[01:03:04.860 --> 01:03:26.660]  This, all according to the will of the Almighty.
[01:03:26.660 --> 01:03:34.660]  I won't pay for the war with my body Ain't gonna pay for the car with my money
[01:03:34.660 --> 01:03:41.660]  I won't pay for the fun with my body Their plans wicked and their logic shoddy
[01:03:41.660 --> 01:03:48.660]  Ain't gonna pay for the oil with my body I won't pay for the boys with my money
[01:03:48.660 --> 01:03:55.660]  Ain't gonna pay for the kids with my body The whole agenda smells funny
[01:03:55.660 --> 01:03:58.660]  I wanna fight in a war
[01:04:25.660 --> 01:04:36.660]  No, they're still in the record
[01:04:36.660 --> 01:04:40.660]  Yeah, they're attached to the case, not to the judge
[01:04:40.660 --> 01:04:46.660]  Okay, so he's got a responsibility to answer to those then, okay?
[01:04:46.660 --> 01:04:49.660]  Yes
[01:04:49.660 --> 01:04:56.660]  Makes me wonder why he's taken almost a week to look at my motion to dismiss maybe he doesn't have a good answer for it
[01:04:56.660 --> 01:04:59.660]  But yeah, anyways
[01:04:59.660 --> 01:05:03.660]  So quick question about the mandamus again here
[01:05:03.660 --> 01:05:12.660]  So in the caption it says state of Wisconsin XREL and then my name. What does that mean exactly?
[01:05:12.660 --> 01:05:15.660]  XREL, I don't know, I should know
[01:05:15.660 --> 01:05:19.660]  EX is one word and then REL is another word
[01:05:19.660 --> 01:05:25.660]  Yeah, REL is abbreviated
[01:05:25.660 --> 01:05:32.660]  I believe that means something to the effect of I'm being represented by the state of Wisconsin or something like that
[01:05:32.660 --> 01:05:37.660]  I googled it and didn't quite make sense
[01:05:37.660 --> 01:05:42.660]  But that's the caption they put on my mandamus, the appeals court put it on there
[01:05:42.660 --> 01:05:47.660]  XREL is an abbreviation
[01:05:47.660 --> 01:05:54.660]  Showing the point if it's suing based on information from another person
[01:05:54.660 --> 01:06:09.660]  So is that just meaning that you're not suing based on your own information? It's like upon information and belief you're extending that over to hearsay?
[01:06:09.660 --> 01:06:24.660]  It is a procedural phrase and requires using it to abbreviate on the relation of, for the use of or on behalf of
[01:06:24.660 --> 01:06:27.660]  And similar expressions
[01:06:27.660 --> 01:06:33.660]  So here it would mean on behalf of
[01:06:33.660 --> 01:06:37.660]  So the state of Wisconsin on the behalf of me essentially
[01:06:37.660 --> 01:06:39.660]  Yeah
[01:06:39.660 --> 01:06:42.660]  Okay, that's about it
[01:06:42.660 --> 01:06:54.660]  Would you mind if I got this amended mandamus drafted and got some criminal complaints written up if I email them to you and would you mind taking a look at them?
[01:06:54.660 --> 01:06:57.660]  Yes, I'll be glad to
[01:06:57.660 --> 01:06:59.660]  Okay, I think that's it for now then
[01:06:59.660 --> 01:07:02.660]  Okay, thank you Jason
[01:07:02.660 --> 01:07:11.660]  Now we're going to go to Jane in Texas. Hello Jane
[01:07:11.660 --> 01:07:14.660]  Hello Jane
[01:07:14.660 --> 01:07:15.660]  Jane
[01:07:15.660 --> 01:07:19.660]  Did we put you to sleep?
[01:07:19.660 --> 01:07:21.660]  Oh, I'm sorry, I had you on mute
[01:07:21.660 --> 01:07:23.660]  Hey, there you are
[01:07:23.660 --> 01:07:25.660]  Hi, how are y'all doing?
[01:07:25.660 --> 01:07:29.660]  I'm doing good for an old fat guy
[01:07:29.660 --> 01:07:37.660]  I bet you're not fat and you're not that old either
[01:07:37.660 --> 01:07:42.660]  That's relative, I wasn't old compared to my 98 year old mom
[01:07:42.660 --> 01:07:43.660]  Right
[01:07:43.660 --> 01:07:46.660]  But she did tell me once when I told her mom you're getting old
[01:07:46.660 --> 01:07:51.660]  She said yeah, I'm old, I'm older than you
[01:07:51.660 --> 01:07:56.660]  But I'm not near as much older than you as I used to be
[01:07:56.660 --> 01:08:02.660]  I said ooh
[01:08:02.660 --> 01:08:06.660]  Okay, what do you have for us today?
[01:08:06.660 --> 01:08:20.660]  Well besides a case of rash from penicillin, I have my writ of mandamus got denied
[01:08:20.660 --> 01:08:22.660]  Did you appeal it?
[01:08:22.660 --> 01:08:29.660]  Well actually I set my trip short, I was up visiting my mom because I lost my stepdad last week
[01:08:29.660 --> 01:08:35.660]  And I was supposed to go to court today according to the notice I got from them
[01:08:35.660 --> 01:08:41.660]  So I came back early and I went to court and they said you don't have a court day today
[01:08:41.660 --> 01:08:44.660]  And I said well this piece of paper says I do
[01:08:44.660 --> 01:08:48.660]  And they said oh that was sent out erroneous
[01:08:48.660 --> 01:08:51.660]  Then bill them for your time
[01:08:51.660 --> 01:08:53.660]  I should do that huh?
[01:08:53.660 --> 01:08:55.660]  Yes you should
[01:08:55.660 --> 01:08:59.660]  It might make you feel a little bit better about having to cut your trip short
[01:08:59.660 --> 01:09:06.660]  Right and then so I also then when I got home they said well she ruled on that this week
[01:09:06.660 --> 01:09:08.660]  She's not even here right now, the judge is not
[01:09:08.660 --> 01:09:11.660]  So she ruled on it earlier in the week
[01:09:11.660 --> 01:09:16.660]  I saw that she ruled on it on October 31st on Halloween Day
[01:09:16.660 --> 01:09:19.660]  Because I got, it was in my mail when I got home
[01:09:19.660 --> 01:09:25.660]  And so first of all the main thing is the reason why she's not in the audit
[01:09:25.660 --> 01:09:36.660]  Is because she said that the judge in the lower court does not have to take notice of the order from the higher court
[01:09:36.660 --> 01:09:39.660]  Saying that I'm not pompous
[01:09:39.660 --> 01:09:40.660]  What?
[01:09:40.660 --> 01:09:44.660]  Did she provide law to support that?
[01:09:44.660 --> 01:09:52.660]  She says that also yeah I'll get to that as soon as I find it here
[01:09:52.660 --> 01:09:57.660]  But she says that the judge it was not a ministerial act either
[01:09:57.660 --> 01:10:03.660]  It was discretionary and that was the only thing that bills could be heard on was discretionary
[01:10:03.660 --> 01:10:07.660]  I mean ministerial not discretionary
[01:10:07.660 --> 01:10:14.660]  Is that correct or is it the other way around?
[01:10:14.660 --> 01:10:19.660]  I'm not sure, you said that too fast and I got confused
[01:10:19.660 --> 01:10:23.660]  She says that in addition to obtain mandamus relief
[01:10:23.660 --> 01:10:32.660]  A realtor must demonstrate that the act sought to be compelled is a ministerial act rather than discretionary one
[01:10:32.660 --> 01:10:36.660]  And what was the act you were speaking to?
[01:10:36.660 --> 01:10:43.660]  I was speaking to the fact that they should have accepted the order from the appeal from the county court at law that I was indigent
[01:10:43.660 --> 01:10:48.660]  Okay did you provide any case law to support that?
[01:10:48.660 --> 01:10:59.660]  I don't know if I got my friend mandamus right here but I did not case law, Texas law like evidence law
[01:10:59.660 --> 01:11:11.660]  The Texas rule of evidence is what I supported it with
[01:11:11.660 --> 01:11:19.660]  To me it's pretty clear laid out, rule 201 that says judicial notice of adjudicated facts
[01:11:19.660 --> 01:11:26.660]  This rule governs judicial notice of adjudicated facts only not a legislative fact
[01:11:26.660 --> 01:11:32.660]  And kinds of facts that may be judicially noticed and one that says within
[01:11:32.660 --> 01:11:37.660]  That can be accurately and readily determined from sources but that's not the one
[01:11:37.660 --> 01:11:46.660]  It says must take judicial notice if a party requests it and the court is to apply with the necessary information which I gave it to them
[01:11:46.660 --> 01:11:51.660]  Okay so this was a mandamus?
[01:11:51.660 --> 01:12:01.660]  Yeah but initially it gave Irving Municipal Court the information that this rule was talking about
[01:12:01.660 --> 01:12:11.660]  That it was judicially, it was already adjudicated facts right? I gave them the information, I supported it with the documentation whenever I filed the notice of appeal
[01:12:11.660 --> 01:12:20.660]  Okay so you filed law in support, this should get appeal to the supreme
[01:12:20.660 --> 01:12:21.660]  Okay
[01:12:21.660 --> 01:12:29.660]  This is a big deal issue, once you've been adjudicated that should be collateral estoppel
[01:12:29.660 --> 01:12:39.660]  And what you've just read from the codes, from the rules of evidence indicates that it should be treated as collateral estoppel
[01:12:39.660 --> 01:12:56.660]  And then I put that in there but she says that the Irving Municipal Court of Records, specifically Judge Rodney Adams has no obligation to honor a previous finding of indigency
[01:12:56.660 --> 01:13:02.660]  Did she state specifically where they were given that latitude?
[01:13:02.660 --> 01:13:13.660]  Not yet, she says one status as regards to indigency is fluid and can be reevaluated or changed based on income, expenses or life circumstances
[01:13:13.660 --> 01:13:20.660]  A finding of indigency is a moment in time does not elevate the permanent status in regards to the
[01:13:20.660 --> 01:13:27.660]  But who cares, nobody has brought any new facts to the court, nobody has brought any opposition that would trigger a hearing
[01:13:27.660 --> 01:13:40.660]  Okay and their reason that she says this is not a matter of ministerial act which the lower court did not correctly act upon but a failure of the petitioner to follow the Texas government code
[01:13:40.660 --> 01:13:46.660]  And the appellant must abide by the statutory requirements creating their right to appeal
[01:13:46.660 --> 01:14:01.660]  And then she writes down all these things like I was supposed to have filed the notice of appeal and all this kind of stuff and acting like I didn't do those things but I actually did do those things
[01:14:01.660 --> 01:14:09.660]  And so she's acting like, I mean she's pretty much saying that I didn't do what he says I was supposed to do but I did do what I was supposed to do
[01:14:09.660 --> 01:14:16.660]  She just didn't want to rule in my favor or make them accept it so
[01:14:16.660 --> 01:14:30.660]  You should look to appeal this to the Supreme, now I'm saying that but in saying that I have never appealed a mandamus to the Supreme, I'm assuming you can do that
[01:14:30.660 --> 01:14:32.660]  I don't know either
[01:14:32.660 --> 01:14:36.660]  I don't know absolutely for sure
[01:14:36.660 --> 01:14:45.660]  Yeah, well it says, so I can just kind of read over a little bit what it says, it's only three pages
[01:14:45.660 --> 01:15:07.660]  And it says, Realtor has requested mandamus relief from this court to direct the Urban Municipal Court of Record to honor and order an informer's populous finding that was previously ruled on in the Dallas County Court of Law. Petitioner was convicted of these two privacy offenses on the bench trial on July 20th and held by the honorable judge, Rodney Adams
[01:15:07.660 --> 01:15:25.660]  And the court is set to fine of $474 for each case. Petitioner filed several requests for findings of facts and conclusions of law and then she just glazes over that, says, but the issue seems to be the petitioner's status as the indigency
[01:15:25.660 --> 01:15:52.660]  And it says the Urban Municipal Court noticed petitioner that she had leave to produce proof of indigency at a hearing scheduled for September 9th without affecting her time to appeal. Petitioner failed to appear for the scheduled September 9th hearing and notice was sent to petitioner stating September 23rd as the final date to file appeal bonds
[01:15:52.660 --> 01:16:20.660]  Petitioner demanded a record transcript dated September 13th, 2002, what she wrote, after having failed to appear to scheduled September 9th, 2002 hearing and as of September 23rd, 2002, what she wrote three times, 2002. Petitioner has not filed appeal bonds, but she filed a petition for a mandamus to this court
[01:16:20.660 --> 01:16:40.660]  So, let me, for one, I'll make a comment about that. She's saying that I didn't ask for a transcript until September 13th, which that would have been after the September 9th hearing that I did not go to. But that's a lie because I've actually filed a written request two or three times before then
[01:16:40.660 --> 01:16:59.660]  Okay, then this needs a motion for reconsideration. Okay. In the motion, tell the court everything you're telling us. Okay. And where she misapplied law to facts. Hang on, Randy Kelton, Brett Fountain with Law Radio. We'll be right back.
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[01:19:26.660 --> 01:19:41.660]  Okay, we are back. Randy Kelton, Brett Fountain, Loot-A-Law Radio. We're talking to Jane in Texas. And Jane, ask Brett on the break, what in the heck happened to Jane?
[01:19:41.660 --> 01:19:53.660]  You got on here and you gave us a lot of information very quickly and you never once let off on some tangent.
[01:19:53.660 --> 01:19:54.660]  What's going on?
[01:19:54.660 --> 01:20:00.660]  You stayed on. We were able to follow you. It was great.
[01:20:00.660 --> 01:20:05.660]  I was impressed. This is not the Jane I know.
[01:20:05.660 --> 01:20:13.660]  Wow. Even when I said, even when I made my comment after reading all of that to you.
[01:20:13.660 --> 01:20:30.660]  Well, everything, I was able to follow you. You gave us a lot of information and I was able to follow you because you didn't give us a lot of opinion. You didn't go off on tangents. That was great. If you do that in court, you'll be effective.
[01:20:30.660 --> 01:20:34.660]  Well, I was reading from the document, so that makes a little bit of a difference.
[01:20:34.660 --> 01:20:39.660]  Quit putting yourself down. You did good. Okay. Deal with it.
[01:20:39.660 --> 01:20:51.660]  Thank you. What about this? I mean, it's ridiculous, but how she put 2002 in here three times in a row, that doesn't even make sense. I mean, I know it's just a mistake, but still.
[01:20:51.660 --> 01:20:58.660]  Yeah, that's, what is it? Brett, nonchalant.
[01:20:58.660 --> 01:21:00.660]  Okay.
[01:21:00.660 --> 01:21:07.660]  Don't make any difference. When it's obvious that it was just a typo, we ignore that.
[01:21:07.660 --> 01:21:20.660]  Okay. In a document, in a document where you find that, and if you change it in the document, you put square brackets and SIC, and then you put the change in.
[01:21:20.660 --> 01:21:28.660]  I don't know what SIC means. I tried to look it up once and couldn't find it, but I find that in case law all the time they do that.
[01:21:28.660 --> 01:21:40.660]  But generally, if it don't make any difference, then we ignore it. You make typos, they make typos. We don't split atoms on the small stuff.
[01:21:40.660 --> 01:22:06.660]  Okay. It says, in order for this court to issue mandamus relief, this team party must be able to show there's no adequate remedy at law, which I've over that in my writ that there was. And she did give case law on that. She cited Stokes versus Weiser, a Texas criminal who was killed in 1995, which I don't know if you want me to give you a whole thing or not.
[01:22:06.660 --> 01:22:08.660]  No, don't give us a whole thing.
[01:22:08.660 --> 01:22:20.660]  In addition to obtaining mandamus relief, the realtor must demonstrate that the act thought to be compelled is ministerial rather than discretionary one. I thought I had already said it, but it was ministerial.
[01:22:20.660 --> 01:22:28.660]  And then she gives an example of a ministerial act, Texas Department of Corrections versus Dale Hite or whatever.
[01:22:28.660 --> 01:22:51.660]  Okay, I got that one and understood why she said that. She's saying that you treated this as if it was res judicata. And being res judicata, it would be already adjudicated, it would be ministerial if she was bound to that.
[01:22:51.660 --> 01:23:06.660]  This judge is saying she was not bound to that. So it's not res judicata and therefore it's not a ministerial act that she has standing to use her discretion.
[01:23:06.660 --> 01:23:13.660]  And she used her discretion and you objected to that discretion. So in that context, I agreed with her.
[01:23:13.660 --> 01:23:28.660]  So in that context, you can't just have a rate of mandamus issues on a discretionary act. From what I understand, it has to be ministerial.
[01:23:28.660 --> 01:23:36.660]  Well, unless the discretionary act clearly failed to properly apply the law to the facts.
[01:23:36.660 --> 01:23:39.660]  Okay, good, good.
[01:23:39.660 --> 01:23:43.660]  That is a limitation on discretion.
[01:23:43.660 --> 01:23:44.660]  Okay.
[01:23:44.660 --> 01:23:54.660]  Walker V. Packer says a judge has no discretion in properly applying the law to the facts. Failure to do so is abuse of discretion.
[01:23:54.660 --> 01:24:11.660]  If you could show that she misused her discretion and failed to properly apply the law to the facts, then you could hold her to it. There's something wrong with this and it would take me a while to figure out what it is.
[01:24:11.660 --> 01:24:29.660]  She's saying, Brett made the point that no one had brought up any evidence to indicate that your financial condition had changed. In fact, it had worsened because you lost work adjudicating this case.
[01:24:29.660 --> 01:24:43.660]  And now they billed you this $400 per citation, your financial condition has gotten much worse.
[01:24:43.660 --> 01:24:49.660]  The issue is appeal. So the appeal is stopped for the time being, correct?
[01:24:49.660 --> 01:25:03.660]  The appeal is stopped if he's denied the written mandamus so then they don't have to accept my indigent status. And I did read in the Texas Government Code that I can appeal the appeal.
[01:25:03.660 --> 01:25:17.660]  Okay, I can appeal the appeal, but I haven't even got a chance to appeal. So I don't know where to find out about appeal on the written mandamus, the denial of that.
[01:25:17.660 --> 01:25:30.660]  Well, it says in the code, it says that it's talking about a motion to require payment of costs in a situation where somebody has already been adjudicated as informapoparous.
[01:25:30.660 --> 01:25:43.660]  There can be a motion come before the court that says that's got sworn evidence, not merely allegations, not things may have changed since then, but some actual sworn evidence.
[01:25:43.660 --> 01:25:51.660]  And that motion, I'm looking at Texas Rules of Civil Procedure and it's Rule 145.
[01:25:51.660 --> 01:25:59.660]  Okay, and that's going to apply because they don't have a rule in it that goes to criminal, correct?
[01:25:59.660 --> 01:26:11.660]  I don't know if there's one in criminal, but I have seen some in the civil procedure talking about criminal, and I've seen some in the Texas Rules of Appellate Procedure, TRAP.
[01:26:11.660 --> 01:26:30.660]  Here's how it works. Criminal is a subset of civil. It's not a separate set of law. Anything that's not directly addressed in the Code of Criminal Procedure, you would back up to the Rules of Civil Procedure.
[01:26:30.660 --> 01:26:32.660]  And that makes sense.
[01:26:32.660 --> 01:26:41.660]  Yeah, the Code of Criminal Procedure only goes to that portion of adjudicating a case that's specifically related to the criminal.
[01:26:41.660 --> 01:26:49.660]  There's nothing in the Code of Criminal Procedure to tell you how to file motions, how to get them put on for hearing, all that kind of stuff you do in a court case.
[01:26:49.660 --> 01:27:02.660]  And like Rudy was just telling the other guy about how to count 10 days, oh, but if it lands on a weekend, well, that's in the civil rules. But everybody uses it for everything because this criminal didn't override that.
[01:27:02.660 --> 01:27:27.660]  Okay. Well, so they commit to telling me that they ended it with, and I'm sure the court clerk worked this, not the judge, says to obtain a writ of mandamus, a realtor must establish that an underlying order is void and a clear piece of discretion, and that no adequate appellate remedy exists.
[01:27:27.660 --> 01:27:30.660]  And then she gave a case law to reference.
[01:27:30.660 --> 01:27:34.660]  That's easy enough. You got that.
[01:27:34.660 --> 01:27:39.660]  If you're forced to pay this, you don't have the funds and it will deny you access, so you have no remedy.
[01:27:39.660 --> 01:27:54.660]  But what Brett just brought you is you should file a motion for reconsideration, citing this requirement that there was no, what was it, affidavit or a motion? What had to be filed, Brett?
[01:27:54.660 --> 01:27:58.660]  It has to be sworn evidence. Well, I didn't get to finish. That was one part of it.
[01:27:58.660 --> 01:27:59.660]  I'm sorry.
[01:27:59.660 --> 01:28:09.660]  The other part of the evidence would be if somebody's bringing a motion to the court to require the declarant, you, to pay the costs.
[01:28:09.660 --> 01:28:22.660]  They have to bring sworn evidence, not merely allegations. But then it also has a provision for the court. The court can, on its own, require the declarant to prove inability to afford costs.
[01:28:22.660 --> 01:28:33.660]  And that's if somebody needs to get appointed, an officer or professional, it says, must be appointed in the case.
[01:28:33.660 --> 01:28:39.660]  So I don't know if that'd be like a mediator or somebody that's going to be costing money.
[01:28:39.660 --> 01:28:41.660]  Or an accountant.
[01:28:41.660 --> 01:28:46.660]  Yeah. You can't just run up a bill and say, well, I'm poor. I can't handle it. I've already been a judge poor.
[01:28:46.660 --> 01:28:53.660]  The judge can ask for the inability to be proved again.
[01:28:53.660 --> 01:28:55.660]  The judge didn't do that.
[01:28:55.660 --> 01:29:06.660]  The judge did do that, but he didn't do all the other things that are supposed to go with it. But he was trying to get me to prove to him without providing the evidence. You're right.
[01:29:06.660 --> 01:29:10.660]  But I missed a hearing.
[01:29:10.660 --> 01:29:12.660]  That's a problem.
[01:29:12.660 --> 01:29:19.660]  That's a big, missing a hearing is always a big problem.
[01:29:19.660 --> 01:29:30.660]  I missed a hearing that I was supposed to have that I was supposed to prove to them, which I had already previously filed the notice of informant's offers. And so, two or three times.
[01:29:30.660 --> 01:29:44.660]  And so for me, I'm like, why? I mean, it's not, I didn't. Okay, we need to look at what constitutes inability to pay. It sounds rather dubious to me in the law.
[01:29:44.660 --> 01:29:49.660]  And that kind of goes to the discretion of the judge and lends itself to abuse. Hang on.
[01:29:49.660 --> 01:30:01.660]  Randy Kelton, Brett Fountain, Rue of La Radio. We'll be right back.
[01:30:01.660 --> 01:30:05.660]  Sorry, soft drink lovers. Even diet drinks can make you fat.
[01:30:05.660 --> 01:30:10.660]  A new study shows that diet soda drinkers gain much more weight than people who avoid the stuff.
[01:30:10.660 --> 01:30:16.660]  I'm Dr. Catherine Albrecht, and I'll be back in a moment with a scoop on supposedly skinny sodas.
[01:30:16.660 --> 01:30:21.660]  Privacy is under attack. When you give up data about yourself, you'll never get it back again.
[01:30:21.660 --> 01:30:26.660]  And once your privacy is gone, you'll find your freedoms will start to vanish, too.
[01:30:26.660 --> 01:30:31.660]  So protect your rights. Say no to surveillance and keep your information to yourself.
[01:30:31.660 --> 01:30:34.660]  Privacy. It's worth hanging on to.
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[01:30:45.660 --> 01:30:50.660]  Artificial sweeteners cut the calories and help you lose weight, right? Wrong.
[01:30:50.660 --> 01:30:55.660]  Researchers at UT San Antonio followed hundreds of diet soda drinkers for nearly a decade.
[01:30:55.660 --> 01:31:02.660]  They found that regularly drinking diet soda expanded people's waistlines five times more than no soda at all.
[01:31:02.660 --> 01:31:09.660]  The study's authors say artificial sweeteners trigger the appetite, but unlike regular sugars, don't deliver anything to squelch it.
[01:31:09.660 --> 01:31:15.660]  Waking up hunger without satisfying it leads to cravings, which can result in a larger overall calorie intake.
[01:31:15.660 --> 01:31:23.660]  So use natural sweeteners to maintain a healthy weight, and if you need to shed some pounds, avoid the sweet stuff altogether and drink water instead.
[01:31:23.660 --> 01:31:29.660]  I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com.
[01:31:29.660 --> 01:31:35.660]  This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11.
[01:31:35.660 --> 01:31:42.660]  The government says that fire brought it down. However, 1,500 architects and engineers concluded it was a controlled demolition.
[01:31:42.660 --> 01:31:45.660]  Over 6,000 of my fellow service members have given their lives.
[01:31:45.660 --> 01:31:48.660]  And thousands of my fellow first responders are dying.
[01:31:48.660 --> 01:31:50.660]  I'm not a conspiracy theorist. I'm a structural engineer.
[01:31:50.660 --> 01:31:52.660]  I'm a New York City correction officer. I'm an Air Force pilot.
[01:31:52.660 --> 01:31:57.660]  I'm a father who lost his son. We're Americans, and we deserve the truth.
[01:31:57.660 --> 01:32:01.660]  Go to RememberBuilding7.org today.
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[01:33:35.660 --> 01:33:43.660]  Okay, we are back.
[01:33:43.660 --> 01:33:48.660]  Randy Kelton, Brett Fountain, Rule of Law Radio, and we're talking to Jane in Texas.
[01:33:48.660 --> 01:33:56.660]  And Jane, have you looked at, what is it, Rule 145, Rule of Civil Procedure?
[01:33:56.660 --> 01:34:09.660]  Yeah, I have that. I had already just copied it tonight and pasted it onto a document. So yeah, I have. And I mean, I have it in front of me as Brett was talking about, but I know that's in there.
[01:34:09.660 --> 01:34:13.660]  Have you applied for court-appointed counsel ever?
[01:34:13.660 --> 01:34:22.660]  No, it's not. It wouldn't be approved in this type of case, supposedly.
[01:34:22.660 --> 01:34:32.660]  No, look, look. That's not what I'm asking. You read that rule. Read the rule at C-
[01:34:32.660 --> 01:34:34.660]  Delta 3.
[01:34:34.660 --> 01:34:35.660]  C-3.
[01:34:35.660 --> 01:34:37.660]  No, D, Delta.
[01:34:37.660 --> 01:34:55.660]  Oh, sorry. Which one was it, Brett? Where it says that if you apply, if you've applied for one and you were considered eligible but not appointed, that would have done it.
[01:34:55.660 --> 01:35:07.660]  So if you applied to one of these places and they say that you're eligible but we don't provide for civil, that would establish your indigency as a matter of law.
[01:35:07.660 --> 01:35:18.660]  Okay. I did already apply and I actually have counsel on my civil case based on the fact that I was evident, that I have a pro bono attorney.
[01:35:18.660 --> 01:35:19.660]  That's enough.
[01:35:19.660 --> 01:35:20.660]  Boom.
[01:35:20.660 --> 01:35:26.660]  Boom. Was that before the Court of Appeals, the mandamus?
[01:35:26.660 --> 01:35:35.660]  I sent it to them. I copied my father's hearing and the letter from Dallas Volunteer Associates' attorney program.
[01:35:35.660 --> 01:35:43.660]  Wait a minute. Wait a minute. She said that this court could reconsider that. This says she can't.
[01:35:43.660 --> 01:35:46.660]  What? You saw something? You found something?
[01:35:46.660 --> 01:35:52.660]  Well, this says you've already been declared as indigent.
[01:35:52.660 --> 01:35:53.660]  Right.
[01:35:53.660 --> 01:35:59.660]  And that's in Rule 145 that makes you eligible.
[01:35:59.660 --> 01:36:00.660]  Okay.
[01:36:00.660 --> 01:36:10.660]  So you need to address this. Address Rule 145 D-3. Is that right, Brett? Yeah, D-3.
[01:36:10.660 --> 01:36:18.660]  Yeah, but that's just Larry. It doesn't say that it's res judicata from now on. This is just saying...
[01:36:18.660 --> 01:36:23.660]  This establishes that she is indigent as a matter of law.
[01:36:23.660 --> 01:36:36.660]  What I'm saying is nobody has put any evidence there to trigger a hearing so it's still there. She's already been declared and there's no evidence.
[01:36:36.660 --> 01:36:43.660]  That was the hearing she didn't show up at. Did you have anything filed before the court for this hearing?
[01:36:43.660 --> 01:36:48.660]  Yes. I have my notice and all my papers and everything.
[01:36:48.660 --> 01:36:59.660]  So the fact that you weren't able to make the hearing, the court, as I have read, I remember going over this recently, they must consider what's before the court.
[01:36:59.660 --> 01:37:03.660]  They can't just rule against you summarily because you weren't able to show up.
[01:37:03.660 --> 01:37:08.660]  They put evidence before the court that showed that you were indigent and the judge ignored it.
[01:37:08.660 --> 01:37:10.660]  Yes, exactly.
[01:37:10.660 --> 01:37:12.660]  Argue that issue.
[01:37:12.660 --> 01:37:22.660]  Okay. I mean, I addressed a lot of these things in my petition for a writ, but they just ignored them and didn't even respond to...
[01:37:22.660 --> 01:37:29.660]  Okay. Before you go to the Supreme, ask for a reconsideration and point out what they ignored.
[01:37:29.660 --> 01:37:34.660]  So you get that on the record before the court and then file with the Supreme.
[01:37:34.660 --> 01:37:41.660]  Okay. Now, so I can do the motion for reconsideration of a mandamus?
[01:37:41.660 --> 01:37:42.660]  Yes.
[01:37:42.660 --> 01:37:48.660]  Okay. I haven't seen that. What rule would that be, can I cite?
[01:37:48.660 --> 01:37:59.660]  That's in the civil rules of procedure. It doesn't specify any...the rules of civil procedure allow you to file a motion for reconsideration.
[01:37:59.660 --> 01:38:04.660]  It doesn't say in this kind of case and this kind of hearing and this kind of hearing, it just says you can do that.
[01:38:04.660 --> 01:38:05.660]  Okay.
[01:38:05.660 --> 01:38:07.660]  If they think you can't, let them argue it.
[01:38:07.660 --> 01:38:08.660]  Okay.
[01:38:08.660 --> 01:38:16.660]  And if they say you can't, then take it to the Supreme anyway and say, that ruling denies me in due process and it's unconstitutional.
[01:38:16.660 --> 01:38:18.660]  You need to throw it out.
[01:38:18.660 --> 01:38:26.660]  Yeah. And you know what? If I would have been able to pay the appeal bond, I could have paid the appeal bond, but they wanted like $3,000.
[01:38:26.660 --> 01:38:37.660]  It was twice the amount of the...no, they wanted $1,800 for me to appeal it because it's twice the amount of the 474 times 2, you know?
[01:38:37.660 --> 01:38:47.660]  Yeah. So this goes to the same issue that in order to secure remedy, you have to pay more than what the fines would be to start with.
[01:38:47.660 --> 01:38:49.660]  Exactly.
[01:38:49.660 --> 01:38:53.660]  So that's a real good argument to bring to the Supreme.
[01:38:53.660 --> 01:38:55.660]  Right. Right.
[01:38:55.660 --> 01:38:59.660]  Especially when you're in form of paupress.
[01:38:59.660 --> 01:39:00.660]  Yeah.
[01:39:00.660 --> 01:39:03.660]  Write them a motion for reconsideration.
[01:39:03.660 --> 01:39:09.660]  Okay. All right. And I guess I have a time limit on that probably like right away, I'm sure.
[01:39:09.660 --> 01:39:14.660]  You can file a motion for extension of time to file a motion for reconsideration.
[01:39:14.660 --> 01:39:15.660]  Okay.
[01:39:15.660 --> 01:39:23.660]  Do I have to file a motion for them to have a hearing on that motion for consideration for extending the time?
[01:39:23.660 --> 01:39:30.660]  No, no, no. You just ask the court coordinator to set a hearing. Just call them and ask them for a date and set a hearing.
[01:39:30.660 --> 01:39:35.660]  The only court of appeals sets their own hearings on their own clock.
[01:39:35.660 --> 01:39:42.660]  But you don't have to ask them to set a hearing. They'll do that on, they don't tend to do that in open court.
[01:39:42.660 --> 01:39:46.660]  So they do it when they get to it. They don't have a hearing for that.
[01:39:46.660 --> 01:39:54.660]  So then they'll probably just decide whether or not they'll extend it and then, you know, and then reply to that, correct?
[01:39:54.660 --> 01:40:06.660]  Yeah. Yeah. Start writing your motion for reconsideration. And if they deny your extension, file what you got and then finish it and file an amended.
[01:40:06.660 --> 01:40:08.660]  Okay. All right.
[01:40:08.660 --> 01:40:14.660]  By filing what you got, you beat the clock and then file an amended.
[01:40:14.660 --> 01:40:17.660]  Okay. All right.
[01:40:17.660 --> 01:40:21.660]  Okay. I wonder what the timeframe is for this.
[01:40:21.660 --> 01:40:23.660]  Wait. Say that again.
[01:40:23.660 --> 01:40:26.660]  I wonder what the timeframe is for all this. Is this going to be?
[01:40:26.660 --> 01:40:29.660]  I don't have that on top of my head. Just.
[01:40:29.660 --> 01:40:31.660]  And it rolls the pellet procedure?
[01:40:31.660 --> 01:40:33.660]  Yeah.
[01:40:33.660 --> 01:40:36.660]  Okay. All right.
[01:40:36.660 --> 01:40:38.660]  Okay. Good luck.
[01:40:38.660 --> 01:40:40.660]  That's it. Thank you.
[01:40:40.660 --> 01:40:48.660]  Okay. Now we're going to go to John in New York. John, what do you have for us today?
[01:40:48.660 --> 01:40:55.660]  Well, now, hi, Randy. And hi, Brett. I forgot what it was I was going to ask you.
[01:40:55.660 --> 01:40:57.660]  So I'll tell you what.
[01:40:57.660 --> 01:40:59.660]  What? Wait a minute. You forgot?
[01:40:59.660 --> 01:41:00.660]  That's right.
[01:41:00.660 --> 01:41:03.660]  That's okay. Randy forgot what he was going to answer anyway.
[01:41:03.660 --> 01:41:09.660]  Yeah. You got a point there. Okay.
[01:41:09.660 --> 01:41:13.660]  You're old. You're excused.
[01:41:13.660 --> 01:41:15.660]  Well, yeah, I'm older than you are.
[01:41:15.660 --> 01:41:21.660]  Anyway. No, we're the same age. We're the same age.
[01:41:21.660 --> 01:41:26.660]  Well, I'm actually younger at heart.
[01:41:26.660 --> 01:41:31.660]  Well, yeah. Well, some people were born old.
[01:41:31.660 --> 01:41:34.660]  I've been taking stem cells, so I'm younger.
[01:41:34.660 --> 01:41:39.660]  That's a good thing. Stem cells work. They do a lot.
[01:41:39.660 --> 01:41:47.660]  To make a long story short, in the meantime, while I'm remembering, maybe you want to ask me something.
[01:41:47.660 --> 01:41:50.660]  Did your mother wear combat boots?
[01:41:50.660 --> 01:41:54.660]  Yeah. Ice-12-EEE.
[01:41:54.660 --> 01:41:58.660]  Oh, okay. No, I didn't have a question for you.
[01:41:58.660 --> 01:42:00.660]  Yeah.
[01:42:00.660 --> 01:42:07.660]  I wasn't in that mode. So you want to just hang on and I'll get back to you.
[01:42:07.660 --> 01:42:10.660]  Just hang on and you'll get back? Yeah.
[01:42:10.660 --> 01:42:12.660]  Maybe you'll remember by then.
[01:42:12.660 --> 01:42:13.660]  Okay.
[01:42:12.660 --> 01:42:13.660]  Yes.
[01:42:13.660 --> 01:42:20.660]  We are going to, you know, that's the first time I took John early in the show, and this is what he does.
[01:42:20.660 --> 01:42:22.660]  He just don't appreciate us.
[01:42:22.660 --> 01:42:27.660]  Okay. We're going to Chris in Colorado. Hello, Chris.
[01:42:27.660 --> 01:42:28.660]  Hey, guys.
[01:42:28.660 --> 01:42:32.660]  What do you have for us today?
[01:42:32.660 --> 01:42:41.660]  Well, a month ago when I got technically arrested for hanging out in the car, I talked to Brett and he gave me some guidance.
[01:42:41.660 --> 01:42:46.660]  And, Brett, I went to the court the next day and they had nothing there.
[01:42:46.660 --> 01:42:51.660]  Well, I just went to the court a few days ago. They still have nothing there.
[01:42:51.660 --> 01:42:56.660]  My name and the case and nothing is anywhere.
[01:42:56.660 --> 01:43:01.660]  And the clerk, she got a little snooty. I said, this is an arrest.
[01:43:01.660 --> 01:43:03.660]  How can they not have something in the court?
[01:43:03.660 --> 01:43:10.660]  And she looked at the document and she said, oh, they always wait all the time for like two weeks before, you know, right to the last minute.
[01:43:10.660 --> 01:43:15.660]  Okay. Check Code of Criminal Procedure.
[01:43:15.660 --> 01:43:22.660]  Code of Criminal Procedure in Texas directs the arresting officer to take the person directed in nearest magistrate.
[01:43:22.660 --> 01:43:25.660]  The magistrate is directed to hold an examining trial.
[01:43:25.660 --> 01:43:31.660]  And after the examining trial, the magistrate is directed to take all the papers had in the hearing.
[01:43:31.660 --> 01:43:44.660]  The complaint, statement of witnesses and all other papers shall be sealed in an envelope with the name of the magistrate written across the seal of the envelope and forwarded to the clerk of the court of jurisdiction.
[01:43:44.660 --> 01:43:53.660]  There must be something in Colorado law that specifies the movement of documents through the courts.
[01:43:53.660 --> 01:43:58.660]  But we'll look at that on the other side. We've got one slot open on the call board.
[01:43:58.660 --> 01:43:59.660]  We'll be right back.
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[01:46:21.660 --> 01:46:30.660]  Okay, we are back.
[01:46:30.660 --> 01:46:36.660]  Randy Kelton, Brett Fountain, Rule of Law Radio on this Friday, the 12th day.
[01:46:36.660 --> 01:46:41.660]  Well, Friday, the fourth day of November 2022.
[01:46:41.660 --> 01:46:42.660]  I don't know where 12 came from.
[01:46:42.660 --> 01:46:46.660]  I think I said 12 minutes on my clock so it got stuck in there.
[01:46:46.660 --> 01:46:49.660]  And we're talking to Chris in Colorado.
[01:46:49.660 --> 01:46:57.660]  Okay, Chris, when we went out, we were talking about the movement of papers through the court system.
[01:46:57.660 --> 01:46:59.660]  That has to be in the rules.
[01:46:59.660 --> 01:47:09.660]  I just filed criminal charges against a Justice of the Peace who does the morning hearings for people who have been arrested in Victoria County.
[01:47:09.660 --> 01:47:18.660]  Because I looked in the court records and I didn't find a criminal complaint, a statement of probable cause, none of that stuff.
[01:47:18.660 --> 01:47:20.660]  So I'm saying, where the heck is it? I knew where it was.
[01:47:20.660 --> 01:47:22.660]  The sheriff has it.
[01:47:22.660 --> 01:47:25.660]  So the sheriff gave these records to the judge.
[01:47:25.660 --> 01:47:29.660]  The judge held this hearing and gave them back to the sheriff.
[01:47:29.660 --> 01:47:34.660]  But the code says he's to give them to the clerk of the court.
[01:47:34.660 --> 01:47:40.660]  You've got to have something like that in Colorado.
[01:47:40.660 --> 01:47:42.660]  Okay, I'll look it up.
[01:47:42.660 --> 01:47:48.660]  And look close because in Texas, we've got 16.17.
[01:47:48.660 --> 01:47:55.660]  When they bring before a magistrate, Chapter 16 defines what they do, the hearing that they hold.
[01:47:55.660 --> 01:48:03.660]  And 16.17 says after the hearing, the judge is to issue an order and forward the order to the clerk of the court.
[01:48:03.660 --> 01:48:10.660]  If an order is not filed with the clerk within 48 hours, the accused shall be discharged.
[01:48:10.660 --> 01:48:14.660]  You want to look and see if there's something similar in Colorado.
[01:48:14.660 --> 01:48:16.660]  Okay.
[01:48:16.660 --> 01:48:23.660]  I'm trying to figure out how they're viewing this because the clerks, they give you to have it and they defend it.
[01:48:23.660 --> 01:48:28.660]  And I asked her, I straight up asked her, I said, can they wait this long to file it?
[01:48:28.660 --> 01:48:30.660]  She said, I don't know, you'll have to look that up.
[01:48:30.660 --> 01:48:35.660]  And I said, does nobody know what the rule is for how long they have to file it?
[01:48:35.660 --> 01:48:37.660]  She said, you'll have to look that up.
[01:48:37.660 --> 01:48:38.660]  I said, okay.
[01:48:38.660 --> 01:48:44.660]  She got real defensive about it, like I should be a lawyer and I should know exactly what I'm doing when I walk in there.
[01:48:44.660 --> 01:48:53.660]  But I'm trying to figure out how this is being viewed because I re-listened to the 911 calls and I was preoccupied talking to 911,
[01:48:53.660 --> 01:48:56.660]  but I could hear the guy talking in the background, the police officer.
[01:48:56.660 --> 01:48:59.660]  And he said, I'm going to take you out of the car, take you down to the station.
[01:48:59.660 --> 01:49:01.660]  We're going to fingerprint you and blah, blah, blah.
[01:49:01.660 --> 01:49:03.660]  Basically, he's going to arrest me.
[01:49:03.660 --> 01:49:04.660]  Okay.
[01:49:04.660 --> 01:49:09.660]  And then, you know, I wasn't really paying attention because I was trying to communicate with 911.
[01:49:09.660 --> 01:49:16.660]  But the sergeant said, yes, you were arrested, but they never took me to the station.
[01:49:16.660 --> 01:49:24.660]  So what they did is they gave me the citation and I took my fingerprint and that was how, you know, my promise to appear.
[01:49:24.660 --> 01:49:27.660]  So I figured that was serious enough.
[01:49:27.660 --> 01:49:30.660]  There would be a document stating, okay, here's my affidavit from the police office.
[01:49:30.660 --> 01:49:31.660]  Here's what happened.
[01:49:31.660 --> 01:49:33.660]  Here's the citation, this guy, blah, blah, blah.
[01:49:33.660 --> 01:49:35.660]  They're treating it like a traffic ticket.
[01:49:35.660 --> 01:49:41.660]  And that's really what the clerk thought this was a traffic ticket until I explained it to her.
[01:49:41.660 --> 01:49:48.660]  And that's a whole lot of commotion to go through putting me in the hospital for something so small.
[01:49:48.660 --> 01:49:53.660]  And so I'm trying to figure out how they're viewing this as if, you know,
[01:49:53.660 --> 01:49:59.660]  they can wait till the last minute and not give me any remedy to address the court at hand of time.
[01:49:59.660 --> 01:50:04.660]  Read the criminal procedure code for Colorado.
[01:50:04.660 --> 01:50:09.660]  These procedures have to be in black letter law.
[01:50:09.660 --> 01:50:18.660]  If you read the criminal procedure code for Texas, it's very clear how all of this is to be done.
[01:50:18.660 --> 01:50:22.660]  None of it is actually done.
[01:50:22.660 --> 01:50:24.660]  This will give you some great grounds.
[01:50:24.660 --> 01:50:33.660]  I was rereading today, and, Brett, just keep coming up with new stuff.
[01:50:33.660 --> 01:50:39.660]  What the code says is after a magistrate holds an examining trial,
[01:50:39.660 --> 01:50:43.660]  he's sealed all the documents in an envelope and forward to the clerk of the court.
[01:50:43.660 --> 01:50:45.660]  That's 17.30.
[01:50:45.660 --> 01:50:55.660]  17.31 says the clerk shall keep all these papers safe and deliver them up to the next grand jury
[01:50:55.660 --> 01:51:04.660]  because Texas Constitution Article 5, I forget the number of the section.
[01:51:04.660 --> 01:51:05.660]  There's a section in there.
[01:51:05.660 --> 01:51:24.660]  And it says that the district court shall, that the grand jury is to file all of their true bills
[01:51:24.660 --> 01:51:29.660]  with the district clerk, and I need to pull it up.
[01:51:29.660 --> 01:51:35.660]  It specifically states misdemeanors are all to be forwarded to the district clerk.
[01:51:35.660 --> 01:51:37.660]  The clerk is to give them to the grand jury.
[01:51:37.660 --> 01:51:43.660]  The grand jury is to do a determination and give it back to the district judge,
[01:51:43.660 --> 01:51:46.660]  and the district judge is to certify the proceedings
[01:51:46.660 --> 01:51:52.660]  and then send the misdemeanors to the county court.
[01:51:52.660 --> 01:51:57.660]  None of that stuff's done.
[01:51:57.660 --> 01:52:00.660]  They don't do any of it.
[01:52:00.660 --> 01:52:01.660]  They do nothing.
[01:52:01.660 --> 01:52:08.660]  Chris, I'm going to suggest to you that these courts and prosecutors
[01:52:08.660 --> 01:52:15.660]  and police departments have been doing things in a way that is administratively convenient,
[01:52:15.660 --> 01:52:19.660]  and lawyers don't dare raise an issue.
[01:52:19.660 --> 01:52:27.660]  So if you tell someone that everything they do in Texas is illegal,
[01:52:27.660 --> 01:52:34.660]  everything from arrest to trial, every single step, people say, oh, no, that can't be.
[01:52:34.660 --> 01:52:36.660]  If the law is there, that just can't be.
[01:52:36.660 --> 01:52:38.660]  Somebody would have done something about it.
[01:52:38.660 --> 01:52:39.660]  Right.
[01:52:39.660 --> 01:52:42.660]  Well, that's the way it is.
[01:52:42.660 --> 01:52:49.660]  There's some rule out there that says that you don't have to have an indictment in a misdemeanor,
[01:52:49.660 --> 01:52:56.660]  but the Texas Constitution specifically addresses misdemeanors,
[01:52:56.660 --> 01:52:59.660]  and the Constitution hasn't been changed.
[01:52:59.660 --> 01:53:04.660]  This is insane how screwed up it is.
[01:53:04.660 --> 01:53:06.660]  So read the criminal procedure code.
[01:53:06.660 --> 01:53:10.660]  This is all going to be pretty well right in the front,
[01:53:10.660 --> 01:53:14.660]  so it won't take you long to get to it.
[01:53:14.660 --> 01:53:15.660]  Okay.
[01:53:15.660 --> 01:53:16.660]  I'll do that.
[01:53:16.660 --> 01:53:17.660]  I'll do that again.
[01:53:17.660 --> 01:53:21.660]  And the suggestion, when you do that, if you find that they're doing everything wrong,
[01:53:21.660 --> 01:53:24.660]  then you can do like we're doing.
[01:53:24.660 --> 01:53:33.660]  Check with the state and find out how much the counties are paying in pre-trial incarceration.
[01:53:33.660 --> 01:53:41.660]  In Texas, $990 million, $254 million for court-appointed counsel.
[01:53:41.660 --> 01:53:47.660]  That is half of the entire criminal justice budget.
[01:53:47.660 --> 01:53:51.660]  And everything is wrong.
[01:53:51.660 --> 01:53:54.660]  Every single case is wrong.
[01:53:54.660 --> 01:53:58.660]  I'm suing them for $400 million.
[01:53:58.660 --> 01:54:03.660]  Chris, how much are you going to sue them for?
[01:54:03.660 --> 01:54:06.660]  Well, I've got to get my wits back, Randy.
[01:54:06.660 --> 01:54:09.660]  I'm still pretty stupid at the moment from the bang,
[01:54:09.660 --> 01:54:12.660]  but yeah, it'd be nice to rattle their cage that way,
[01:54:12.660 --> 01:54:15.660]  but I'm just trying to wrap my head around, you know,
[01:54:15.660 --> 01:54:18.660]  when I got robbed a couple months ago, they still haven't arrested the second guy.
[01:54:18.660 --> 01:54:23.660]  He got arrested for something else, and everybody's so incompetent,
[01:54:23.660 --> 01:54:27.660]  and they're professionals at making excuses for their incompetence.
[01:54:27.660 --> 01:54:30.660]  It's just, it's mind-boggling.
[01:54:30.660 --> 01:54:33.660]  And that guy went on off, you know, he's still walking the streets,
[01:54:33.660 --> 01:54:36.660]  and he's still over about $100,000 worth of stuff,
[01:54:36.660 --> 01:54:39.660]  and they're making excuses like I'm the problem, you know.
[01:54:39.660 --> 01:54:44.660]  So our system, yeah, it's flawed in every direction from what I can see,
[01:54:44.660 --> 01:54:49.660]  but I need to get this thing off my chest so I can get on to other stuff.
[01:54:49.660 --> 01:54:54.660]  So I wanted to go in and file a motion for dismissal
[01:54:54.660 --> 01:54:57.660]  because we're not having a sufficient charging instrument,
[01:54:57.660 --> 01:55:00.660]  but I got nothing to file.
[01:55:00.660 --> 01:55:02.660]  So do I just make it up or can I?
[01:55:02.660 --> 01:55:07.660]  No, read the Code of Criminal Procedure for Colorado.
[01:55:07.660 --> 01:55:08.660]  It's not that long.
[01:55:08.660 --> 01:55:10.660]  Just read the first half.
[01:55:10.660 --> 01:55:13.660]  All of it will be right there in the front.
[01:55:13.660 --> 01:55:18.660]  And then go in there and say they failed to do this and they failed to do that,
[01:55:18.660 --> 01:55:20.660]  and list a few things,
[01:55:20.660 --> 01:55:24.660]  and ask the prosecutor to dismiss in the interest of justice.
[01:55:24.660 --> 01:55:26.660]  And that's telling the prosecutor,
[01:55:26.660 --> 01:55:30.660]  I'm going to drag you through court until we both get old.
[01:55:30.660 --> 01:55:33.660]  It ain't going to be worth the trouble.
[01:55:33.660 --> 01:55:38.660]  Just dismiss this one and go on to better business.
[01:55:38.660 --> 01:55:39.660]  That's a good point.
[01:55:39.660 --> 01:55:42.660]  The prosecutor doesn't even know this exists yet, so how do I?
[01:55:42.660 --> 01:55:45.660]  Do I mention this before the court or do I send it to the prosecutor?
[01:55:45.660 --> 01:55:47.660]  Read the Code.
[01:55:47.660 --> 01:55:49.660]  Read the Criminal Procedure Code.
[01:55:49.660 --> 01:55:52.660]  Then you'll be able to answer that question.
[01:55:52.660 --> 01:55:56.660]  Find out what they were supposed to do.
[01:55:56.660 --> 01:55:59.660]  And then notice that to the prosecutor,
[01:55:59.660 --> 01:56:03.660]  and it's not a fight he's going to want to have.
[01:56:03.660 --> 01:56:06.660]  Okay, so address this to the prosecutor and not the court.
[01:56:06.660 --> 01:56:10.660]  Yeah, let him figure out where all those papers are.
[01:56:10.660 --> 01:56:12.660]  Okay.
[01:56:12.660 --> 01:56:15.660]  And then can the DA add more charges later?
[01:56:15.660 --> 01:56:19.660]  I remember one of the other people that you were talking to, I think this guy,
[01:56:19.660 --> 01:56:21.660]  they upcharge from a...
[01:56:21.660 --> 01:56:23.660]  No, that's the problem.
[01:56:23.660 --> 01:56:27.660]  That prosecutor is going to have himself a big problem.
[01:56:27.660 --> 01:56:36.660]  No, the prosecutor cannot, what do you call it, solicit criminal complaints.
[01:56:36.660 --> 01:56:37.660]  Okay.
[01:56:37.660 --> 01:56:39.660]  That's what this guy is getting charged with.
[01:56:39.660 --> 01:56:40.660]  Okay, good.
[01:56:40.660 --> 01:56:42.660]  They only have one thing on my ticket,
[01:56:42.660 --> 01:56:47.660]  so I'm assuming they can't add other things even though the sergeant is implying
[01:56:47.660 --> 01:56:51.660]  they should have put more on there, but he's making excuses.
[01:56:51.660 --> 01:56:53.660]  So, okay.
[01:56:53.660 --> 01:56:59.660]  And then if I was also going to apply for a public defender just to have something to play with,
[01:56:59.660 --> 01:57:02.660]  is that something I can do ahead of time or until there's a case you can't?
[01:57:02.660 --> 01:57:03.660]  Yes.
[01:57:03.660 --> 01:57:06.660]  Yeah, you can do that right now.
[01:57:06.660 --> 01:57:08.660]  Okay.
[01:57:08.660 --> 01:57:15.660]  And if the public defender can't find your case, then have him go look, figure it out.
[01:57:15.660 --> 01:57:16.660]  Okay.
[01:57:16.660 --> 01:57:20.660]  So read the criminal code, address the errors with the district attorney,
[01:57:20.660 --> 01:57:25.660]  and also apply for a public offender at the same time and ask him to find the case.
[01:57:25.660 --> 01:57:28.660]  Get a motion to dismiss in front of the...
[01:57:28.660 --> 01:57:35.660]  If you don't have a case number yet, send it to the prosecutor so the court has it.
[01:57:35.660 --> 01:57:42.660]  And then when you apply for court appointed counsel, he has to deal with that.
[01:57:42.660 --> 01:57:45.660]  Otherwise, your court appointed counsel is not going to want to do anything
[01:57:45.660 --> 01:57:48.660]  but make sure you don't have grounds for appeal.
[01:57:48.660 --> 01:57:49.660]  Okay.
[01:57:49.660 --> 01:57:55.660]  So you want to get something in front of him so he inherits it and he can't ignore it.
[01:57:55.660 --> 01:57:56.660]  Okay.
[01:57:56.660 --> 01:57:58.660]  You get to sue him.
[01:57:58.660 --> 01:57:59.660]  Okay.
[01:57:59.660 --> 01:58:04.660]  And if I get another snooty clerk who won't take any of this paperwork...
[01:58:04.660 --> 01:58:07.660]  9-1-1.
[01:58:07.660 --> 01:58:09.660]  That always works.
[01:58:09.660 --> 01:58:11.660]  I'm a little bit of a 9-1-1-er.
[01:58:11.660 --> 01:58:13.660]  It is an absolute cure for snootiness.
[01:58:13.660 --> 01:58:16.660]  Just call over Bailiff, and I've done that before.
[01:58:16.660 --> 01:58:18.660]  Mr. Bailiff, I need you.
[01:58:18.660 --> 01:58:22.660]  Well, what can I do for you? I need you to arrest her.
[01:58:22.660 --> 01:58:24.660]  Oh, it's great.
[01:58:24.660 --> 01:58:25.660]  Okay.
[01:58:25.660 --> 01:58:31.660]  You get to see this chicken dance, and you really get the clerk's attention.
[01:58:31.660 --> 01:58:32.660]  Okay.
[01:58:32.660 --> 01:58:33.660]  Trash stops.
[01:58:33.660 --> 01:58:34.660]  Okay.
[01:58:34.660 --> 01:58:36.660]  Do you have anything else for the other side?
[01:58:36.660 --> 01:58:37.660]  That's all tonight.
[01:58:37.660 --> 01:58:38.660]  Thank you so much.
[01:58:38.660 --> 01:58:39.660]  Okay.
[01:58:39.660 --> 01:58:40.660]  Thank you, Chris.
[01:58:40.660 --> 01:58:41.660]  Okay.
[01:58:41.660 --> 01:58:44.660]  This is Randy Kelton, Brett Fountain, Rule of Law Radio.
[01:58:44.660 --> 01:58:46.660]  We're going to our sponsors.
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