ROL_2011-07-22_16k_Hr1-2.timecode

[00:00.000 --> 00:04.000]  This news brief brought to you by the International Newsnet.
[00:04.000 --> 00:08.000]  Hundreds of thousands of protesters took to the streets across Syria Friday,
[00:08.000 --> 00:13.000]  protesting against President Bashar al-Assad and defying an intensified military crackdown.
[00:13.000 --> 00:17.000]  Demonstrations demanding an end to Assad's rule broke out in Damascus,
[00:17.000 --> 00:21.000]  the besieged city of Homs, and the southern city of Derah.
[00:21.000 --> 00:29.000]  400,000 protesters came out in the province of Derah-ez-Zor on the border of Iraq's Sunni heartland.
[00:29.000 --> 00:35.000]  The federal court of Canada Thursday cleared the way for the extradition of Lai Chang-Zing,
[00:35.000 --> 00:39.000]  dismissing concerns he could be tortured or executed in China.
[00:39.000 --> 00:45.000]  Lai is accused by Beijing of running a multi-billion dollar smuggling operation in the 1990s.
[00:45.000 --> 00:51.000]  Chinese diplomats gave assurances Lai would not be tortured or executed.
[00:51.000 --> 00:57.000]  But Chinese courts use state secret provisions to keep politically sensitive proceedings secret.
[00:57.000 --> 01:03.000]  The US military's high-tech research wing, the Defense Advanced Research Projects Agency,
[01:03.000 --> 01:10.000]  sent a request recently for experts to detect and counter propaganda on Internet social media networks
[01:10.000 --> 01:13.000]  in the aftermath of the Arab Spring.
[01:13.000 --> 01:19.000]  The project echoes concern among top military brass about the lightning pace of change in the Middle East,
[01:19.000 --> 01:24.000]  where social networks have been an engine for protest against long-time US allies.
[01:24.000 --> 01:31.000]  Critics are shaking their heads at the slew of radical foreign policy initiatives
[01:31.000 --> 01:34.000]  passed by the Republican-led House of Representatives this week,
[01:34.000 --> 01:42.000]  starting with a vote to chop $650 million from a fund to help developing countries adjust the climate change.
[01:42.000 --> 01:49.000]  The House elected to cut US contributions to the UN by 25% and bar USA to any country
[01:49.000 --> 01:54.000]  that voted against the US position at the UN more than 50% of the time.
[01:54.000 --> 02:00.000]  The House also voted to ban aid to Pakistan if the State Department certifies it's not cooperating
[02:00.000 --> 02:06.000]  with counter-terrorism efforts and to ban foreign aid to left-leaning Latin American states.
[02:06.000 --> 02:11.000]  It also voted to reinstate a ban on US funding for any foreign organization
[02:11.000 --> 02:17.000]  that performs or provides information about abortion, even to HIV patients.
[02:17.000 --> 02:24.000]  The Syrian protest song Come On Bashar Leave has become the informal anthem of the protest movement.
[02:24.000 --> 02:29.000]  Recently, a young cement layer who sang it in protest was dragged from the Arantes river
[02:29.000 --> 02:32.000]  with his throat cut and his vocal chords ripped out.
[02:32.000 --> 02:35.000]  Since his death, the song has spread across Syria.
[02:35.000 --> 02:40.000]  Ahmed, a 40-year-old trader in Hamar, who regularly attends protests, said,
[02:40.000 --> 02:48.000]  we've all memorized it. After President Bashar al-Assad warned of germs in the body politic echoing Muammar al-Qadhafi's dismissal
[02:48.000 --> 03:16.000]  of Libya's rebels as rats, protestors came up with a new slogan, Syrian germs salute Libyan rats.
[03:16.000 --> 03:34.180]  It was inspired by Afghan GOP conditions, free of charge and the
[03:34.180 --> 03:43.760]  Wall Street united to drive the Kuwaitites out of Syria.
[03:43.760 --> 03:52.760]  Bad boys, bad boys, what you gonna do, what you gonna do when they come for you?
[03:52.760 --> 03:58.760]  Bad boys, bad boys, what you gonna do, what you gonna do when they come for you?
[03:58.760 --> 04:03.760]  When you were eight and your hat back traced, you go to school and learn to go and then lose
[04:03.760 --> 04:08.760]  So why are you acting like a bloody fool, if you get hot, then you must just prove
[04:08.760 --> 04:17.760]  Bad boys, bad boys, what you gonna do, oh what you gonna do when they come for you?
[04:17.760 --> 04:19.760]  Bad boys, bad boys, what you gonna do, oh what you gonna do when they come for you?
[04:19.760 --> 04:47.720]  Alright folks, good evening. This is Rule of Law Radio. This is July the 22nd of 2011.
[04:47.720 --> 04:53.920]  This is your host Eddie Craig, Debra Stevens, Randy Kelton. Right now I am the only person
[04:53.920 --> 04:59.040]  available but here after this first segment we'll be pulling up Randy and we'll be going
[04:59.040 --> 05:03.080]  on the night. Debra's going to be off for a while, it's not for the entire night. So
[05:03.080 --> 05:08.280]  just sit back and listen in for a little bit. We'll get to taking your calls after the,
[05:08.280 --> 05:13.200]  we have a guest at 830, Ken Magnuson will be on to talk about some civil procedure issues
[05:13.200 --> 05:18.680]  that he's writing a book on so we'll be working on all of that as well. What I would like
[05:18.680 --> 05:25.640]  to do right now is to talk a little bit about something I'm working on and to get introduced
[05:25.640 --> 05:30.600]  to some of these legislators that I've had some of these meetings with and that is regarding
[05:30.600 --> 05:36.160]  the Texas Sheriff. Now here's a little project I would like for the folks in Texas that are
[05:36.160 --> 05:46.360]  listening to the sound of my voice to consider taking on. As you all know, the Texas Constitution
[05:46.360 --> 05:50.840]  has three different articles that deal with the individual departments of our government.
[05:50.840 --> 05:55.440]  We don't call them branches in Texas, we call them departments and we have the legislative
[05:55.440 --> 06:05.920]  executive and judicial. Now we all know that the legislative is who creates the bills that
[06:05.920 --> 06:12.680]  get signed into our laws. We know that the executive branch is tasked with the responsibility
[06:12.680 --> 06:18.920]  of enforcing those laws, provided of course the enforcement has them agree with the Texas
[06:18.920 --> 06:29.520]  Constitution. Now above and beyond that, we also have the issue of the judicial branch.
[06:29.520 --> 06:40.640]  The judicial department actually has the responsibility of interpreting the laws that the legislature
[06:40.640 --> 06:49.540]  produces and the executive enforces and there to ensure that when the enforcement doesn't
[06:49.540 --> 06:56.200]  comply with the written provisions or the intent of the legal written provisions that
[06:56.200 --> 07:02.160]  the courts have to determine whether or not it was done properly and whether or not it
[07:02.160 --> 07:08.600]  was done or the statute itself is done in a way that complies with the Texas Constitution.
[07:08.600 --> 07:18.360]  Now considering that problem, what we have to do is this. We have to get these people
[07:18.360 --> 07:25.600]  to understand exactly what their job is. This brings me to one of the particular officials
[07:25.600 --> 07:34.600]  that I wish to discuss and that of course is the sheriff. The sheriff is one of those
[07:34.600 --> 07:43.800]  individuals that has a huge responsibility to the people themselves. The problem is the
[07:43.800 --> 07:52.400]  sheriff has been co-opted and he's been co-opted by the executive branch. Now what I mean by
[07:52.400 --> 08:01.520]  that is is the sheriff has been written in the statute as a peace officer. Now when you
[08:01.520 --> 08:08.160]  look up the definition of peace officer, all it really says is that the following people
[08:08.160 --> 08:18.040]  are peace officers within the state of Texas. Now it then gives a whole list of law enforcement
[08:18.040 --> 08:27.360]  agencies including parks and wildlife that are considered to be peace officers. The problem
[08:27.360 --> 08:35.920]  comes in where the statutes, the actual executive actions mandated in law for the purpose of
[08:35.920 --> 08:43.480]  enforcement specifically state that any peace officer meaning anybody that has been identified
[08:43.480 --> 08:52.360]  as a peace officer has the duty or responsibility to enforce this law. Well there's a problem
[08:52.360 --> 09:02.320]  with that. Only an executive branch officer can enforce law. They're the only ones that
[09:02.320 --> 09:13.800]  can do it, short of the people themselves. But in order to do that they have to be covered
[09:13.800 --> 09:20.840]  with the executive authority or they have to be one of the people that has that authority
[09:20.840 --> 09:26.800]  that delegated it in the first place. Now consider that for just a second will you. I've talked
[09:26.800 --> 09:37.160]  about this before. How can a government person of any kind exercise a power and authority
[09:37.160 --> 09:46.680]  that an individual citizen themselves does not have? We can't give away something that
[09:46.680 --> 09:55.720]  isn't ours. We can't grant a power we do not possess. So how can we empower any member
[09:55.720 --> 10:04.160]  of any department of our government to do anything that we cannot do as individuals under
[10:04.160 --> 10:13.800]  a proper authority as an individual? That's a big question we have to ask. If I can't
[10:13.800 --> 10:19.040]  go to my neighbor and tell him he owes me money and taxes because he owns a house or
[10:19.040 --> 10:25.960]  a piece of property and I think it's only fair that because I'm here to ensure that
[10:25.960 --> 10:32.280]  the neighborhood stays in a particular level of upkeep so that the prices stay high for
[10:32.280 --> 10:39.680]  the real estate that I can make him pay taxes to ensure that I'm compensated for the time
[10:39.680 --> 10:45.200]  and effort that I spend to go around and manage everybody else's business. Now think
[10:45.200 --> 10:50.320]  about that. First off, what authority do I have as an individual to go around and meddle
[10:50.320 --> 10:58.800]  in anybody else's business? Unless they're doing something that directly impacts me and
[10:58.800 --> 11:06.480]  my property and my rights, I don't have any such authority. So how can I give it away?
[11:06.480 --> 11:12.840]  Well, the same thing comes down to what is granted to these individual branches of our
[11:12.840 --> 11:20.640]  government, okay? In our individual branches of government, Article 2 of the Texas Constitution
[11:20.640 --> 11:31.240]  specifically forbids any person or group of persons from any department of government
[11:31.240 --> 11:41.360]  from exercising the power and authority of any other person or office of any other department.
[11:41.360 --> 11:51.200]  Which right there in Article 2 of the Texas Constitution, separation of powers. Now everybody
[11:51.200 --> 11:58.960]  that's created under the executive branch, which is basically anybody that's not created
[11:58.960 --> 12:07.720]  within the text of the Constitution, are the only ones that can be closed with official
[12:07.720 --> 12:18.080]  governmental authority to enforce law. And as such, this brings us once again back down
[12:18.080 --> 12:27.440]  to the sheriff here in Texas. If you're in a different state, check your state constitution.
[12:27.440 --> 12:35.480]  Look and see under what branch or department of government, your sheriff and his deputies
[12:35.480 --> 12:45.640]  and if you have them, constables under what legislate or what specific article of your
[12:45.640 --> 12:54.160]  Constitution was their office created. In Texas, they're created under Article 5, which
[12:54.160 --> 13:03.840]  is the powers of the judicial department. The legislative is Article 3 and the executive
[13:03.840 --> 13:13.520]  is Article 6, or I'm sorry, 4. So you have 3 for the legislative, 4 for the executive
[13:13.520 --> 13:22.880]  and 5 for the judicial. The office of sheriff, sheriff's deputy and constable are all defined
[13:22.880 --> 13:30.960]  and created within Article 5 judicial. So that brings us right down to the point of
[13:30.960 --> 13:41.640]  where if Article 2 specifically forbids, through the separation of powers, any member of any
[13:41.640 --> 13:47.680]  other department from exercising the power and authority of any office or member of
[13:47.680 --> 13:56.520]  any other department, then the sheriff, the deputies and the constables cannot enforce
[13:56.520 --> 14:12.200]  statutory law. They are prohibited from enforcing statutory law. There's no way around that.
[14:12.200 --> 14:20.040]  The only law therefore that can even be reasonably presumed to be within the enforcement powers
[14:20.040 --> 14:28.120]  of these three particular types of peace officers is the Constitution itself, the supreme law
[14:28.120 --> 14:38.040]  within that state. I find that actually makes absolute sense. Let's consider the purpose
[14:38.040 --> 14:44.480]  of the judiciary. I've talked about this before. The purpose of the judiciary is to interpret
[14:44.480 --> 14:54.720]  the law in light of the Constitution and ensure that it is not being enacted or enforced in
[14:54.720 --> 15:02.760]  a manner that violates said Constitution, any part of it including and especially the
[15:02.760 --> 15:12.040]  Bill of Rights. And if the legislature creates a statutory enactment that does violate the
[15:12.040 --> 15:18.640]  Texas Constitution in any way, shape or form, then the Bill of Rights under Article 1, Section
[15:18.640 --> 15:27.640]  29 says that law is automatically void. Doesn't require that the courts declare it void. Doesn't
[15:27.640 --> 15:34.040]  require that the executive refuse to enforce it. The people themselves have the right because
[15:34.040 --> 15:39.040]  it's in the Bill of Rights to say, sorry, that law is unenforceable. It violates this
[15:39.040 --> 15:45.400]  particular article and provision of the Texas Constitution. In the story, guys, the Constitution
[15:45.400 --> 15:57.240]  is self-enforcing. Okay? So you can't enforce statutory law as a sheriff, deputy sheriff
[15:57.240 --> 16:07.880]  or constable. Your job is to ensure just like the courts that the laws themselves are enforced
[16:07.880 --> 16:16.920]  and or enacted in a way that prevents the rights of the people or any provision of the Constitution
[16:16.920 --> 16:29.040]  itself from being violated. If the sheriff does his job, then his job is to prevent local
[16:29.040 --> 16:37.360]  law enforcement from harassing or enforcing statutes wrongfully against the general public.
[16:37.360 --> 16:43.360]  That's his job. All right, folks, we're going to go to break. This is rule of law radio
[16:43.360 --> 16:49.000]  512-646-984 is a calling number, but please save your calls until after we get done with
[16:49.000 --> 16:55.080]  our guests. I'll have Randy all women when I get back. This is Eddie Craig, Randy Kelton,
[16:55.080 --> 17:01.040]  Deborah Stevens, rule of law radio. We'll be right back after this break.
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[19:22.320 --> 19:29.320]  Hi folks, we are back. This is ruleoflawradio, Randy Kelton, Debra Stevens, Eddie Craig.
[19:44.280 --> 19:50.400]  Okay, now I was talking a little bit about the sheriff here. What I'm getting to in
[19:50.400 --> 19:57.400]  this and what I would like for us to do is I want to start getting people to approach
[19:57.600 --> 20:04.600]  their local sheriff. I want them to help educate their local sheriff. Ask him questions about
[20:05.360 --> 20:12.360]  if he knows what branch of government he's part of. I want you to ask him if he knows
[20:12.360 --> 20:19.360]  and understands what his power of law enforcement is and isn't. Because as a judicial officer,
[20:23.520 --> 20:30.520]  he absolutely cannot act with executive power. Article two forbids it. The only thing the
[20:30.520 --> 20:37.520]  sheriff can enforce is the Constitution. He cannot enforce statutory law as an enforcement
[20:44.920 --> 20:51.520]  officer. He can enforce it just like any one of the people can, but he can't do it
[20:51.520 --> 20:58.520]  closed in the office of sheriff. Because in that official capacity, he is specifically
[20:58.520 --> 21:05.520]  prohibited from acting in that way. I don't think any of our current crop of judges, sheriffs
[21:11.600 --> 21:16.040]  or any other law enforcement officials I'm aware of in this state, with the possible
[21:16.040 --> 21:21.480]  exception of the one in Carl's corner, that I met while I was down there when Sheriff
[21:21.480 --> 21:26.480]  Mac and Debra Medina were there giving their talk here last year or so.
[21:26.480 --> 21:33.480]  That would be the Hillsborough Sheriff from Hillsborough County.
[21:33.480 --> 21:36.480]  Where Willie Nelson is from.
[21:36.480 --> 21:43.480]  Yeah, but he seemed to actually get it. He's the only one that I've ever met that does
[21:44.240 --> 21:49.320]  if he understands it from this perspective anyway. I didn't get a chance to talk to him
[21:49.320 --> 21:56.000]  in depth to see if this was the same understanding that he had, but I mean how difficult of an
[21:56.000 --> 22:03.000]  understanding is this to get? You read the Constitution. Where is his office created?
[22:03.200 --> 22:10.080]  Right here in article five. So his powers are granted under the judicial authority of
[22:10.080 --> 22:17.080]  the Texas Constitution. That makes him a judicial officer. He is answerable only to the people
[22:17.080 --> 22:24.080]  just like anyone else that's elected to public office. This was actually a very ingenious
[22:26.480 --> 22:33.480]  design in my opinion because this prevents him from being ordered by the legislature
[22:34.520 --> 22:41.520]  or the executive branch to do something against the public that would violate the Texas Constitution.
[22:41.520 --> 22:48.520]  He has a constitutional shield to say, can't do it so sorry, but not going to happen.
[22:53.960 --> 23:00.960]  The problem is, is I seriously doubt that our sheriffs realize this. And if they happen
[23:04.240 --> 23:09.800]  to ask themselves questions about it, I don't think they bothered to analyze it far enough
[23:09.800 --> 23:15.480]  to truly understand it. Randy, I would love to hear your comments on this.
[23:15.480 --> 23:22.480]  I think you're talking about a logistical nightmare. If that becomes the case, then
[23:27.520 --> 23:34.520]  all of our statutory law essentially becomes unenforceable because there's nobody in place
[23:34.520 --> 23:41.520]  to enforce it. No, there is. There's still the local police departments. No, the local
[23:41.760 --> 23:46.680]  police departments are created under any constitution. They're corporate officers.
[23:46.680 --> 23:53.680]  Well, that part's true enough. But then again, why can't the people themselves do it?
[23:54.600 --> 24:01.600]  As corporate officers, they can only, by your argument, enforce against corporate employees
[24:01.600 --> 24:08.600]  well, actually, the people themselves can. And I think if we, the police are gone, the
[24:11.120 --> 24:18.120]  public would. Yeah, I mean, Texas. Yeah, most assuredly. But I mean, when you, when you
[24:21.240 --> 24:28.240]  consider how it's arranged, this is going to be, I would love to see how some judge
[24:28.240 --> 24:35.240]  of some court could argue that the Texas Constitution can't be interpreted the way it's written
[24:35.840 --> 24:42.340]  because it would create a logistical nightmare for the government. That, that's just, that
[24:42.340 --> 24:48.440]  would be the epitome of a stupid argument from a, from a government official that wasn't
[24:48.440 --> 24:55.280]  talking about a legal argument here. Well, no, but I'm talking about even so that in
[24:55.280 --> 24:59.840]  essence you're saying it's a logistical nightmare. But my argument is, is that no, it's liberty
[24:59.840 --> 25:04.640]  to the people to do what needs to be done if and when it needs to be done. And the government's
[25:04.640 --> 25:11.640]  not there nitpicking everything to the point of just ludicrousness like they are now.
[25:12.320 --> 25:19.320]  Okay. I agree with your philosophical position. And I think the people could enforce the
[25:19.320 --> 25:26.320]  law quite adequately themselves. What's the point? How could we get there? Is there a
[25:34.040 --> 25:40.560]  way to get there from here? Well, not until we have the people in the positions that understand
[25:40.560 --> 25:46.160]  what their powers are and what they aren't. And it's going to be up to us to educate them
[25:46.160 --> 25:52.080]  on that. Well, I don't think that educating them will make any difference. They pretty
[25:52.080 --> 25:59.080]  well like things the way they are. The police like having essentially absolute power. They
[26:00.520 --> 26:07.520]  like being able to do anything they want anytime they want with no blowback or fear
[26:07.520 --> 26:14.520]  of retribution. Well, I understand that part. We're not going to get them to say, oh, gee,
[26:16.320 --> 26:23.320]  Wes, look here, I was doing it wrong. How do we ask the citizens enforce? Because we
[26:26.720 --> 26:31.840]  as the citizens get our government back would be one way of doing it. We're going to have
[26:31.840 --> 26:36.760]  to wind up getting people elected to these positions that understand these concepts
[26:36.760 --> 26:43.760]  and principles and are willing to uphold it. That hasn't worked in the last couple hundred
[26:44.280 --> 26:51.280]  years. Well, true enough in a lot of ways, because government has become all about government,
[26:52.160 --> 26:59.160]  not about the people. Exactly. So my position is we need to start taking them on individually.
[26:59.160 --> 27:06.160]  I'm getting a product ready. I can say that now because before too long I'll have a tool
[27:06.160 --> 27:12.160]  up where we can actually do that. And then we're really going to start getting hard on
[27:12.160 --> 27:16.520]  everybody for laying back and doing nothing because we're going to have the tool up where
[27:16.520 --> 27:21.520]  you can go in, fill out a questionnaire, and it'll burp out the documents you need to go
[27:21.520 --> 27:28.520]  after them. Then the only reason for not going after them is, fuck, fuck, fuck, fuck. That's
[27:28.520 --> 27:35.560]  why we're here. Well, no, the other reason would be there's no money left to do it. Doesn't
[27:35.560 --> 27:42.400]  cost anything to pursue criminal. That's the only reason for not going after them is, fuck,
[27:42.400 --> 27:49.400]  fuck, fuck, fuck. That doesn't cost nothing. It doesn't cost you anything directly. Well,
[27:55.000 --> 28:02.000]  that's true. But again, we're back down to the thing about protection of their own enforcement
[28:03.040 --> 28:08.780]  arm. One of the biggest issues that I testified to at the committee hearing on these sobriety
[28:08.780 --> 28:14.440]  checkpoints when the bill was trying to go through was that we already have laws in place
[28:14.440 --> 28:21.440]  like, for instance, Representative Boris Miles's bill to upgrade official oppression to a felony
[28:21.960 --> 28:28.960]  offense. Well, here's the problem. It still requires that a state attorney, a district
[28:30.360 --> 28:36.480]  or county attorney who can act as an attorney for the state, to step forward to make it
[28:36.480 --> 28:41.840]  happen. It's not that there's somebody isn't complaining about it. We're all complaining
[28:41.840 --> 28:47.000]  about it. I know we're complaining about it. We're not. Yeah. The law is already there.
[28:47.000 --> 28:54.000]  We're just not invoking it. We're not going after the prosecutor. The statute is in place.
[28:54.040 --> 29:01.040]  2.03 is very clear. The first specific duty placed upon a prosecuting attorney, the very
[29:01.040 --> 29:08.040]  first one. If a prosecuting attorney is made known in any manner that a public official
[29:08.040 --> 29:13.560]  has violated the law relating to his office, he must, he shall reduce the complaint to
[29:13.560 --> 29:20.560]  an information submitted to the grand jury. No discretion. Statutory duty. We're not filing
[29:24.200 --> 29:30.200]  criminal charges against him with the local grand jury when he's facing a crime. We're
[29:30.200 --> 29:35.200]  not filing criminal charges against him with the local grand jury when he fails to perform
[29:35.200 --> 29:40.200]  his duty. That's what the problem is. That's my story and I'm sticking to it.
[29:40.200 --> 29:45.200]  I wish just all luck with that one. We'll give it a shot. All right, folks. This is
[29:45.200 --> 29:51.200]  Rule of Law Radio 512-646-934. It's a call in number. Doug, we see you on the board.
[29:51.200 --> 29:56.200]  We do have a guest coming on, but we'll talk about getting your issue handled when we
[29:56.200 --> 30:03.200]  give back. We'll be right back, folks.
[30:27.200 --> 30:34.200]  The tax credit for first-time buyers is made home ownership a reality for people across
[30:35.400 --> 30:40.400]  the nation. But for one unlucky man, it turned into a nightmare. I'm Dr. Catherine Albrecht.
[30:40.400 --> 30:43.400]  I'll be back with details in just a moment.
[30:43.400 --> 30:48.400]  Privacy is under attack. When you give up data about yourself, you'll never get it back
[30:48.400 --> 30:53.400]  again. And once your privacy is gone, you'll find your freedoms will start to vanish too.
[30:53.400 --> 30:59.400]  So protect your rights. Say no to surveillance and keep your information to yourself. Privacy,
[30:59.400 --> 31:04.400]  it's worth hanging onto. This public service announcement is brought to you by StartPage.com,
[31:04.400 --> 31:11.400]  the private search engine alternative to Google, Yahoo, and Bing. Start over with StartPage.
[31:11.400 --> 31:16.400]  Ah, the thrill of owning your own home. Mowing the lawn and painting the walls to your liking.
[31:16.400 --> 31:21.400]  These were the thoughts in 28-year-old Ikenne N'Joku's head when he went to his Chase bank
[31:21.400 --> 31:27.400]  branch to cash an $8,000 first-time home buyer rebate check. But the bank teller had other
[31:27.400 --> 31:32.400]  plans. She growled N'Joku about where he got the money, asked what he did for a living,
[31:32.400 --> 31:37.400]  then called the cops who promptly arrested him for forgery. Trouble is, the check was
[31:37.400 --> 31:42.400]  the legitimate and drawn on a Chase account. N'Joku spent five days in jail, lost his
[31:42.400 --> 31:48.400]  job, and his car was impounded and sold. The last report, a year after these events, Chase
[31:48.400 --> 31:54.400]  had yet to apologize. I'm Dr. Catherine Albrecht, more news and information at CatherineAlbrecht.com.
[32:18.400 --> 32:37.400]  All right folks, we are back. This is Rule of Law Radio. Okay, we're going to go ahead
[32:37.400 --> 32:42.400]  here, and we're going to take a question from Doug. And after that, we're going to have
[32:42.400 --> 32:47.400]  a guest, which I'll go to Randy to introduce. So right now, we're going to take a question
[32:47.400 --> 32:52.400]  that Doug has for us. Doug, what can we do for you? Well, I read something the other day,
[32:52.400 --> 32:59.400]  number one, I don't know if y'all have even heard of it, but I have signed up with the
[32:59.400 --> 33:06.400]  Republic of the State of Texas, and... Well, now don't let him hear you say it that way.
[33:06.400 --> 33:12.400]  It's not Republic of the State of Texas. It's the Republic of Texas. Well, unless this is
[33:12.400 --> 33:19.400]  someone new. All right, well, as far as I know, James Timothy Turner is the one that's
[33:19.400 --> 33:25.400]  president of the Republic of the State of Texas. Oh, Tim Turner? Okay, go ahead. Anyway,
[33:25.400 --> 33:31.400]  I had this DWI charge five years ago, which I've done, I baited once, I guess you say,
[33:31.400 --> 33:38.400]  because it wound up in a hung-yuri mistraw, and now it's been three, four more years later,
[33:38.400 --> 33:42.400]  and they keep putting me off and keep putting me off, and I'm tired of it. Y'all want this
[33:42.400 --> 33:50.400]  behind me. Okay, hold on, hold on. They keep putting you off. You had a hung-yuri. Right.
[33:50.400 --> 34:01.400]  When was the hung-yuri? In 2000, goodness. 2008, I think. And it's been... Okay, what
[34:01.400 --> 34:11.400]  is it? Okay, hold on, hold on. Hold on. Is it... Okay, go ahead and finish that. They
[34:11.400 --> 34:18.400]  had a recall? Well, two times I had a retrial date set, and they decided to try something
[34:18.400 --> 34:24.400]  else besides my case. But I read something the other day that I could follow a negative
[34:24.400 --> 34:31.400]  averment against... No, negative averment. They're going to sort right in the trash.
[34:31.400 --> 34:37.400]  What you need to file is a motion to dismiss too old a prosecute.
[34:37.400 --> 34:41.400]  They're going to provide a speedy trial. It would also be good.
[34:41.400 --> 34:48.400]  All right, well then. Now I'm going to ask a silly question here. You said you read something
[34:48.400 --> 34:53.400]  the other day that said you could file a negative averment. What exactly was it you read?
[34:53.400 --> 34:58.400]  Well, it was something that somebody had posted on Facebook page about a problem that they
[34:58.400 --> 35:05.400]  had had. And that, you know, like, as far as stopping somebody, especially someone who
[35:05.400 --> 35:10.400]  you signed up, you know, I'm no longer a member of their corporation.
[35:10.400 --> 35:16.400]  Okay. First thing is, the last place in the world I'd go looking for legal advice is
[35:16.400 --> 35:22.400]  Facebook. Yeah. Well, that's why I'm here. One of the guys on the table.
[35:22.400 --> 35:28.400]  One of the guys on the Texas State call whenever, you know, every Thursday, he had referenced
[35:28.400 --> 35:33.400]  me to y'all. And this is the first time I've been able to get help to anybody.
[35:33.400 --> 35:36.400]  Okay. Go ahead, Randy.
[35:36.400 --> 35:43.400]  You had, was this a, were you charged with misdemeanor or felony DUI?
[35:43.400 --> 35:46.400]  Felony.
[35:46.400 --> 35:50.400]  Okay. What degree felony?
[35:50.400 --> 35:56.400]  Shoot, I don't, I don't know enough about law even. I mean, it's a big jail.
[35:56.400 --> 36:00.400]  I don't know, depends on how many DUI spent.
[36:00.400 --> 36:07.400]  Well, I've had four of the last two. I was not guilty, but I took a plea deal.
[36:07.400 --> 36:11.400]  Well, the third one I took a plea deal because I didn't have the money for an attorney or
[36:11.400 --> 36:15.400]  anything else. I just wanted to get it done with it, done with it.
[36:15.400 --> 36:21.400]  I hope, was a plea clip down to something below DUI.
[36:21.400 --> 36:27.400]  No, they still gave me a DWI. They just gave me a three year probate of sentence.
[36:27.400 --> 36:30.400]  Okay. So this is your fourth?
[36:30.400 --> 36:34.400]  And then this fourth one, they offered me 15 years for a plea deal and I told them they
[36:34.400 --> 36:38.400]  could take it and stick it. I mean, this cop told me to get in my van and go to my mom's
[36:38.400 --> 36:43.400]  house and there wasn't no way I was going to go for that.
[36:43.400 --> 36:52.400]  Okay. This is a big deal. A fourth DUI is a really big deal. You can get 25 to life.
[36:52.400 --> 37:02.400]  I did a habeas corpus on one in Williamson County and got it dealt down to a misdemeanor.
[37:02.400 --> 37:08.400]  But that's different on the statute of limitations. You need to look at speedy trial.
[37:08.400 --> 37:15.400]  Since they set a trial date, have you ever demanded a speedy trial?
[37:15.400 --> 37:22.400]  The first attorney I had that was a court appointed attorney told him to put in for a speedy trial.
[37:22.400 --> 37:28.400]  Now, he said he did, but then he never would even communicate with him while they had me sitting in jail.
[37:28.400 --> 37:35.400]  Okay. Check the court record. See if there's a demand for a speedy trial in there.
[37:35.400 --> 37:47.400]  If there's not get one in and then get down there and file a motion to dismiss for failure to prosecute violation speedy trial.
[37:47.400 --> 37:55.400]  Once they charged you and arrested you, they had 180 days.
[37:55.400 --> 38:08.400]  It was the standard amount. The legislature keeps writing the statute on speedy trial in a way that gets it thrown out by the courts.
[38:08.400 --> 38:13.400]  So we wind up without a speedy trial statute to go in on a speedy trial.
[38:13.400 --> 38:25.400]  Right. The statute was thrown out because it dictated a judicial decision that they're not allowed to do that.
[38:25.400 --> 38:44.400]  They said if you're not tried within 180 days on a felony, then they must enter an order of not guilty.
[38:44.400 --> 38:55.400]  But the Supreme Court said you can't dictate a judicial decision. It should have said the defendant has a right to dismiss them.
[38:55.400 --> 38:59.400]  But they didn't write it that way on purpose, so it would get thrown out.
[38:59.400 --> 39:11.400]  And it did get thrown out. So now you go back and you can still claim speedy trial constitutional right even though it's not defined in the statute.
[39:11.400 --> 39:18.400]  That's your best shot. And if that doesn't go, then you might want to go back after them for the due process rights.
[39:18.400 --> 39:41.400]  Go on to the website jurismprudence.com. You got a pen? Yes, sir. Okay, write that down. Jurist, J-U-R-I-S, imprudence, I-M-P-R-U-T-N-C-E dot com.
[39:41.400 --> 39:52.400]  Top frog on the left goes to a writ of habeas corpus. Read that at least three times.
[39:52.400 --> 40:06.400]  That will go through all of your due process rights. And then compare what you find in there to what they actually did on a resident trial.
[40:06.400 --> 40:16.400]  And then call us back. Then we'll have something to talk about. Okay, that's your homework assignment that might keep you out of jail for 15 years.
[40:16.400 --> 40:27.400]  Okay, read it three times. That'll get it so you'll see it all fits together. All of these pieces fit into place.
[40:27.400 --> 40:31.400]  And once you understand them, then you've got a way to go on after them.
[40:31.400 --> 40:42.400]  And you start filing criminal accusations against them, make it hot for them. Once you've been through that, then call us back and we'll tell you how to take them on.
[40:42.400 --> 40:54.400]  Okay, thank you, Doug. Thank you. We're going to go to our guests now. We have on the bridge, we have Ken Magnuson.
[40:54.400 --> 41:03.400]  And some of you have heard him on the show before. Ken Magnuson has always been my go-to guy for civil.
[41:03.400 --> 41:16.400]  He's always been my civil strategist. And now he's putting together a book on civil strategy.
[41:16.400 --> 41:26.400]  He'll tell you all the things that don't teach you in school and the things you won't find for the most part in the law books.
[41:26.400 --> 41:33.400]  Ken, you want to give us kind of an overview of what you have planned?
[41:33.400 --> 41:47.400]  Well, it was kind of an evolution of answering questions every time you had some questions or someone else was sent to me about questions specifically about Texas.
[41:47.400 --> 41:57.400]  It always led to a standard one-hour dissertation on the basic process of how civil works.
[41:57.400 --> 42:08.400]  Now, in Texas, there is a book that I'm going to plug because almost everybody that I know that's out there that's a pro se that works in the courts at all has a copy of it.
[42:08.400 --> 42:19.400]  It's O'Connor's Civil Trials, which has a copy of the Rules of Civil Procedure, Rules of Evidence, Rules of Appellate Procedure, some of them anyway.
[42:19.400 --> 42:30.400]  And then it's got a time tables and then it's got a front section, which is a practice guide for lawyers. And it's basically cookbook, if this, do that, if this, do that, watch out for this.
[42:30.400 --> 42:40.400]  The one thing that O'Connor's is missing is the element of how the courts address those without counsel.
[42:40.400 --> 42:52.400]  Even, you know, attorneys that have just gotten out of law school just passed their bar and get into court, there's a lot of things that are assumed once you learn them, it seems easy.
[42:52.400 --> 43:04.400]  But if you're standing there for the first time filing pleadings or trying to do something, almost everybody has to go to somebody that's been there first and tell them how to cut the eyes and cost the keys.
[43:04.400 --> 43:12.400]  And these are the unwritten rules and the policies and practices of what happens at the courts.
[43:12.400 --> 43:23.400]  Now, additionally for prose litigants, and I'm not going to use that term, I don't like to use that term except for we're making sure that people understand that that's a person that represents themselves in court.
[43:23.400 --> 43:31.400]  I in no way suggest that a person writes prose on any of their documents. That's like painting a target on your back.
[43:31.400 --> 43:38.400]  But anyway, the prose litigant always has a...
[43:38.400 --> 43:42.400]  Okay, hold on, Ken. We're going to go to break.
[43:42.400 --> 43:48.400]  This is Randy Kelton, Deborah Stevens, Eddie Craig, Wheel of Law Radio.
[43:48.400 --> 43:54.400]  Ken's going to do about another segment and a half, and then the phone lines will start taking your calls.
[43:54.400 --> 44:00.400]  So our call in number is 512-646-1984.
[44:00.400 --> 44:03.400]  Hey, did you hear? Ron Paul's announced he's running for president in 2012.
[44:03.400 --> 44:04.400]  It is Ron Paul.
[44:04.400 --> 44:10.400]  Really? Okay, put down the cell phone for one minute. Your friends really don't care about your Twitter updates on what you had for breakfast.
[44:10.400 --> 44:13.400]  Oh, but I love to make those little smiley faces with punctuation marks.
[44:13.400 --> 44:20.400]  Of course you do. Now, listen closely. You need to go down to Brave New Books and learn as much as you can about Ron Paul and his message before it's too late.
[44:20.400 --> 44:28.400]  They have all of his books and many of the books he talks about. They also have t-shirts, bumper stickers, and yard signs so that you can show your support for him during the campaign.
[44:28.400 --> 44:31.400]  Brave New Books? Do they have Harry Potter and Twilight?
[44:31.400 --> 44:37.400]  No, but they do carry a large selection of survival and preparedness books to protect your family in time of emergency.
[44:37.400 --> 44:40.400]  Ugh, that sounds like that show on the Discovery Channel.
[44:40.400 --> 44:47.400]  Yeah, there's even a wilderness survival expert that teaches classes called Earthskill School that you can sign up for on the website bravenewbookstore.com.
[44:47.400 --> 44:48.400]  What are you doing?
[44:48.400 --> 44:54.400]  I'm tweeting all my friends that they should go to bravenewbookstore.com or down to the bookstore in person. Where's it located?
[44:54.400 --> 44:56.400]  1904, Guadalupe Street.
[44:56.400 --> 44:58.400]  I even made a smiley face.
[44:58.400 --> 45:27.400]  Great.
[45:28.400 --> 45:33.400]  The Discovery was created by a licensed attorney with 22 years of case winning experience.
[45:33.400 --> 45:42.400]  Even if you're not in a lawsuit, you can learn what everyone should understand about the principles and practices that control our American courts.
[45:42.400 --> 45:51.400]  You'll receive our audio classroom, video seminar, tutorials, forms for civil cases, pro se tactics and much more.
[45:51.400 --> 45:58.400]  Please visit ruleoflawradio.com and click on the banner.
[45:58.400 --> 46:24.400]  Act 6, Law Easy.
[46:24.400 --> 46:29.400]  Always, I must be careful what I'm wishing for.
[46:29.400 --> 46:34.400]  When I'm hungry, I like to know just what I'm fishing for.
[46:34.400 --> 46:40.400]  I ain't asking for much, I ain't trying to be no glutton.
[46:40.400 --> 46:46.400]  I'm just here making my living, pushing buttons.
[46:46.400 --> 46:57.400]  I'll get my message out to anyone in the shot and distance, both for bravery and against slavery showing resistance.
[46:57.400 --> 46:58.400]  Okay.
[46:58.400 --> 46:59.400]  We're back.
[46:59.400 --> 47:00.400]  Manny Kelton.
[47:00.400 --> 47:01.400]  Debra Steves.
[47:01.400 --> 47:02.400]  Eddie Craig.
[47:02.400 --> 47:06.400]  And we have our guest on, Ken Magnusson.
[47:06.400 --> 47:07.400]  Thank you.
[47:07.400 --> 47:09.400]  You know, he's a noisy.
[47:09.400 --> 47:14.400]  When I get the accent on the wrong sololable.
[47:14.400 --> 47:18.400]  But that's okay because I always did pronounce the eight good.
[47:18.400 --> 47:22.400]  Okay, Ken, I'll stop annoying you.
[47:22.400 --> 47:28.400]  You're talking about the things they don't teach you in law school.
[47:28.400 --> 47:31.400]  So it's not about just don't teach you in law school.
[47:31.400 --> 47:38.400]  It's the things that, you know, that are out there that just happen by practice and policies.
[47:38.400 --> 47:44.400]  And a lot of the things that happen in the local courts and by the clerk and so forth.
[47:44.400 --> 47:49.400]  So I left off before being rudely interrupted by some music.
[47:49.400 --> 47:59.400]  The issue is that the courts are, for all intents and purposes, are hostile to proselytics.
[47:59.400 --> 48:08.400]  And some are downright just, you know, now right corrupt in the obvious sense against proselytics.
[48:08.400 --> 48:10.400]  We can't stop that or change that.
[48:10.400 --> 48:15.400]  But we can definitely tell you where they should take shortcuts on the rules.
[48:15.400 --> 48:18.400]  These are the things that aren't taught in O'Connor.
[48:18.400 --> 48:21.400]  So O'Connor's teaches lawyers because they're members of the club.
[48:21.400 --> 48:33.400]  But the person that hasn't gotten an education in law needs to have some additional primers in how to do pleadings, how to do research, etc.
[48:33.400 --> 48:39.400]  So I was going to go ahead and just, I've got a draft of the introduction that I've written.
[48:39.400 --> 48:46.400]  And this may get changed or this is just the thought process when I finally decided to undertake this project,
[48:46.400 --> 48:49.400]  which looks like it's going to be a fairly large project.
[48:49.400 --> 48:52.400]  I'm not intending to rewrite O'Connor's.
[48:52.400 --> 48:59.400]  O'Connor's is a great work with the rules, the case law that supports each of the rules,
[48:59.400 --> 49:03.400]  and even some of the practice guides on how that all works.
[49:03.400 --> 49:14.400]  What I can add to it and help preface is the ability to do research, the types of styles of your pleadings,
[49:14.400 --> 49:21.400]  and I can insert the details that O'Connor's did think was necessary because they're dealing with lawyers,
[49:21.400 --> 49:26.400]  or at least that's their target audience for their book.
[49:26.400 --> 49:29.400]  So here's the introduction at this point.
[49:29.400 --> 49:33.400]  This book was written as a matter of need and requests of various sources in Texas.
[49:33.400 --> 49:43.400]  Its intent is to provide the pros and eps and quotes for a person without counsel, vital information about the actual system of civil justice in Texas,
[49:43.400 --> 49:49.400]  without the polished political version, and quotes, injustice for all.
[49:49.400 --> 49:53.400]  If you're reading this book, you've most probably been pulled into the legal system.
[49:53.400 --> 49:56.400]  Everyone sooner or later ends up there.
[49:56.400 --> 50:04.400]  Most civil court cases are about a single issue, such as an automobile accident, divorce, breach of contract, probate.
[50:04.400 --> 50:09.400]  There are others, but the important thing is it is usually only one case.
[50:09.400 --> 50:13.400]  The judicial system in Texas has some good attorneys and some bad attorneys.
[50:13.400 --> 50:15.400]  The system has some good judges and some bad judges.
[50:15.400 --> 50:19.400]  The problem is they don't have a good or bad attitude on their forehead.
[50:19.400 --> 50:27.400]  However, if you've been harmed or wrongly accused of causing harm, this is the only system we have to argue for justice.
[50:27.400 --> 50:30.400]  If you give up or don't try, there is nothing to do but lose.
[50:30.400 --> 50:35.400]  The alternative is a chance to win or be vindicated.
[50:35.400 --> 50:44.400]  That is the goal of this book, to provide the necessary skills to the non-lawyer to win if you learn the rules and apply the law.
[50:44.400 --> 50:50.400]  Many not familiar with the courts will find much of what is revealed shocking and difficult to believe.
[50:50.400 --> 50:56.400]  It's because most of us were educated in public schools that taught the theory of how the court system is supposed to work,
[50:56.400 --> 51:01.400]  as if that was the true history of our great republic.
[51:01.400 --> 51:10.400]  It is not. If we could revisit our formative years recalling the stories of corruption and the reality of court rulings, which were all political,
[51:10.400 --> 51:21.400]  frequently disregarding the United States Constitution, we would only now realize that our system is frequently not fair and justice does not always prevail.
[51:21.400 --> 51:26.400]  Most lose because they did not understand the true nature of the system.
[51:26.400 --> 51:30.400]  Its weakness is its strengths. Through education, one can try them.
[51:30.400 --> 51:38.400]  The true history of our constitutional rights is to understand that it has always been a battle between the citizens and the government for compliance.
[51:38.400 --> 51:44.400]  The government is the entity most often to systematically violate the citizens' constitutional rights.
[51:44.400 --> 51:51.400]  Even today, many accept their constitutional rights as absolute, where in reality constitutional rights are selectively followed or applied.
[51:51.400 --> 52:02.400]  Only the wealthy or politically connected are given some resemblance or respect of these rights only because of the fear of censure and punishment.
[52:02.400 --> 52:07.400]  Many would think that representing yourself is not possible or too difficult.
[52:07.400 --> 52:14.400]  The old adage, in quotes, a person representing himself without a lawyer has a fool for a client, end quote.
[52:14.400 --> 52:18.400]  The quote most likely was written by a lawyer to convince reluctant clients.
[52:18.400 --> 52:24.400]  One observation that does support this is not the legal aspect but the psychological.
[52:24.400 --> 52:29.400]  Recognize that the trauma of whatever legal process is beginning may haunt the litigant,
[52:29.400 --> 52:34.400]  making concentration on the important salient legal issues difficult and sometimes impossible.
[52:34.400 --> 52:42.400]  I've seen people paralyzed by the reality of the process and the actual harm or betrayal that may have led to the courts.
[52:42.400 --> 52:48.400]  Find a friend or a trusted person to help be a founding board as to how to proceed.
[52:48.400 --> 52:53.400]  Some might conclude that they really need a lawyer.
[52:53.400 --> 53:02.400]  Even if you go that, go this way, read and understand this book and the process will help you understand what your lawyer is doing or in many cases not doing.
[53:02.400 --> 53:06.400]  This knowledge will provide information and questions to ask your lawyer.
[53:06.400 --> 53:15.400]  If the case seems to be stuck or surprises occur too often, it may be time to look for new counsel.
[53:15.400 --> 53:23.400]  There is a section in this book about attorneys, how to select them, and things that you want to watch out for to prevent harm to your case.
[53:23.400 --> 53:27.400]  The most dangerous attorney in the courtroom is yours.
[53:27.400 --> 53:32.400]  Your attorney can sabotage your case and throw you under the proverbial legal bus in a heartbeat.
[53:32.400 --> 53:37.400]  Understanding the process is key to avoiding grave mistakes.
[53:37.400 --> 53:44.400]  Self-representation is a right, or more often the only option.
[53:44.400 --> 53:50.400]  Lawyers and the quote bar would like you to believe that the law is too complicated for the average person.
[53:50.400 --> 53:53.400]  Of course it's complicated if you're training to be a lawyer.
[53:53.400 --> 54:00.400]  The profession covers every aspect of the law, which even most lawyers don't fully comprehend until due to the end of their careers.
[54:00.400 --> 54:06.400]  However, most legal cases are focused on just a few issues in one area of the law.
[54:06.400 --> 54:15.400]  Understanding the process and legal procedures and concepts for a limited area is doable by anyone able to read, write.
[54:15.400 --> 54:23.400]  Some new terms and approaches to legal research and writing will be added skills to what the average person may already know.
[54:23.400 --> 54:28.400]  You will need to practice making logical legal arguments before a judge.
[54:28.400 --> 54:35.400]  If the facts and the law support your case, a person can win in an honest court, especially with a jury.
[54:35.400 --> 54:39.400]  This book will not provide legal arguments or proceed to precedence.
[54:39.400 --> 54:45.400]  There are many books written for attorneys that address these areas and are suggested as supplemental resources.
[54:45.400 --> 54:53.400]  The focus of the book is about the strategy and information about procedural tricks and abuses frequently used by unscrupulous attorneys and judges.
[54:53.400 --> 55:05.400]  If you understand how this occurs, you can be prepared to respond or write pleadings in such a way as to make it difficult if not impossible for them to use many of these sharp practices against you.
[55:05.400 --> 55:12.400]  And that's the intro as we stand right now.
[55:12.400 --> 55:27.400]  So the real information here, the real education, is not what you'll find written in the law books, not how things are supposed to be, but how they really work.
[55:27.400 --> 55:40.400]  And I've been through a number of issues with Ken and the courts have given us a good education on how things really work.
[55:40.400 --> 55:46.400]  We have the phone lines open. If anybody has any questions, I'd like to ask Ken.
[55:46.400 --> 55:59.400]  We don't want to go in too deep a dissertation of everything he's going to do, but if you have some questions concerning procedure, ask him.
[55:59.400 --> 56:12.400]  He'll give you an idea of how he works a strategy that will give you a way to set your record for appeal.
[56:12.400 --> 56:23.400]  The table of contents at this point, which still may be changed in there are sections of this that have already done a first draft on and I'm working on reworking it.
[56:23.400 --> 56:39.400]  Obviously, we have the introduction, which you just heard the draft copy of that. Then there's a discussion about clerks, Texas courts, and there'll be a long dissertation on what each court is and how they work and where's the appeal from each court.
[56:39.400 --> 56:42.400]  Civil court. These are all civil rules.
[56:42.400 --> 57:03.400]  There will be a separation of recognizing the difference between a Texas state court, which comes under the guise of the state constitution and the state rules and the rules of civil procedure, as opposed to the federal courts, federal courts being an entirely different jurisdiction.
[57:03.400 --> 57:22.400]  We'll address the issue of Texas Rules of Professional Conduct, which is the Texas Bar Act, the Texas Judicial Rules, the civil process. That's the general description of the entire process of civil rules.
[57:22.400 --> 57:45.400]  There will be, I mean, I said in the introduction I wasn't going to get into case law and everything. Sometimes, if it's very specific to how pros and litigants are treated, and I want to show an example of the inequities of how the system has essentially been constructed to discriminate
[57:45.400 --> 58:06.400]  and disenfranchise the general public from representing themselves in court, I will represent those rules because those are rules that O'Connor's will not focus on. The pleadings, how to write pleadings, and different techniques.
[58:06.400 --> 58:29.400]  Okay, we're going to go to the top of the hour break. When we come back, we'll be taking questions, and I'm going to ask Ken to talk just a little bit about the clerk because that's the one individual that most people who have court issues interact with directly.
[58:29.400 --> 58:41.400]  And there's a lot of places where the clerk does song and dance in the south or down your pants, and we're going to get Ken to talk about how to detect it and how to defend against it.
[58:41.400 --> 59:00.400]  So, call us if you have any questions. 512-646-1984. This is Randy Kelton, W.T. with Eddie Craig. We have a lot of radio. We'll be right back on the other side.
[59:00.400 --> 59:16.400]  If you'd like to make more definite progress in your walk with God, Bibles for America is offering a free study Bible and a set of free Christian books that can really help. The New Testament recovery version is one of the most comprehensive study Bibles available today.
[59:16.400 --> 59:23.400]  It's an accurate translation, and it contains thousands of footnotes that will help you to know God and to know the meaning of life.
[59:23.400 --> 59:37.400]  The free books are a three-volume set called Basic Elements of the Christian Life. Chapter by chapter, Basic Elements of the Christian Life clearly presents God's plan of salvation, growing in Christ, and how to build up the church.
[59:37.400 --> 59:59.400]  To order your free New Testament recovery version and Basic Elements of the Christian Life, call Bibles for America toll free at 888-551-0102. That's 888-551-0102. Or visit us online at bfa.org.
[59:59.400 --> 01:00:15.400]  This news brief brought to you by the International News Network. Two former News of the World senior executives laid off when the paper was folded earlier this month of accused James Murdoch of lying to the British Parliament's media select committee this week.
[01:00:15.400 --> 01:00:26.400]  Murdoch told the committee Tuesday he was unaware of a $1.4 million out-of-court settlement to Gordon Taylor, chief executive of the Professional Footballers Association.
[01:00:26.400 --> 01:00:36.400]  A coalition of 50 state attorneys general are currently negotiating settlements with five of the biggest U.S. banks over the bank's fraudulent mortgage practices.
[01:00:36.400 --> 01:00:51.400]  The banks are expected to pay $25 billion in penalties and commit to following new rules in exchange for immunity from civil lawsuits, as well as similar guarantees by the Departments of Justice and Housing and Urban Development.
[01:00:51.400 --> 01:01:03.400]  Rupert Murdoch's UK Times Thursday ran an editorial cartoon attacking other media outlets for prioritizing the ongoing hacking scandal rocking his media empire.
[01:01:03.400 --> 01:01:12.400]  The cartoon featured starving Somali children, bellies bloated with malnutrition, with a bubble reading, I've had a belly full of phone hacking.
[01:01:12.400 --> 01:01:22.400]  Barack Obama and House Speaker John Boehner rushed Thursday to reach agreement on a plan to raise the debt ceiling above $14.3 trillion.
[01:01:22.400 --> 01:01:36.400]  With 12 days left until the Treasury will no longer be allowed to borrow money, talks focused on sharp cuts in government spending and cuts to health and retirement programs aimed at saving roughly $3 trillion over the next decade.
[01:01:36.400 --> 01:01:46.400]  Military spending and Bush-era tax cuts for the rich are the two greatest contributions to the national debt, but social security, Medicaid and Medicare are on the chopping block.
[01:01:46.400 --> 01:01:56.400]  The Boehner Obama plan would actually lower personal and corporate income taxes while eliminating or reducing an array of popular tax breaks.
[01:01:56.400 --> 01:02:06.400]  Critics charge both parties are using the risk of default to institute financial policy that couldn't possibly be implemented under normal conditions.
[01:02:06.400 --> 01:02:13.400]  After three decades spent battling their own debt crises and restructuring programs imposed by the International Monetary Fund,
[01:02:13.400 --> 01:02:22.400]  Latin Americans are watching the countdown to a possible default in Washington with a mix of pleasure and fear of what a collapse could mean for them.
[01:02:22.400 --> 01:02:28.400]  Congress lawmakers are working feverishly to come up with a plan to raise the debt ceiling and cut spending.
[01:02:28.400 --> 01:02:38.400]  Congress must approve an increase to the $14.3 trillion debt ceiling by August 2 or risk default that would spark financial contagion throughout the world.
[01:02:38.400 --> 01:02:51.400]  Argentina's President Cristina Fernandez, whose country defaulted on a $100 billion debt a decade ago, contended Argentina had prospered by focusing on exports and controlling financial speculation.
[01:02:51.400 --> 01:02:57.400]  Ms. Whalen President Hugo Chavez said recently, if they didn't spend money on keeping troops in other parts of the world,
[01:02:57.400 --> 01:03:22.400]  I think the United States could easily resolve its financial crisis.
[01:03:27.400 --> 01:03:37.400]  It's all according to the will of the Almighty.
[01:03:37.400 --> 01:03:44.400]  I read his book and it says to care some for the unsightly.
[01:03:44.400 --> 01:03:53.400]  These warmongers come by that term right there.
[01:03:53.400 --> 01:04:03.400]  I will pay for the war with my body. I ain't gonna pay for the car with my money. I won't pay for the fun with my body.
[01:04:03.400 --> 01:04:26.400]  We have a caller with a question on point. I'm going to take Joshua and then we're going to go back to Ken. I have a question for Ken.
[01:04:26.400 --> 01:04:28.400]  Joshua, are you there?
[01:04:28.400 --> 01:04:31.400]  How you doing?
[01:04:31.400 --> 01:04:34.400]  I'm doing good.
[01:04:34.400 --> 01:04:43.400]  Yes, I didn't catch the title of that book and I'm going to buy it.
[01:04:43.400 --> 01:04:50.400]  I didn't know if I would mention it again in the air so I figured I'd call.
[01:04:50.400 --> 01:04:55.400]  We don't have a title for it yet.
[01:04:55.400 --> 01:04:57.400]  Hello?
[01:04:57.400 --> 01:04:59.400]  Say that again, Ken.
[01:04:59.400 --> 01:05:09.400]  We don't actually have a title. We have a working title for it which is Civil Rules for Non-Lawyers, Texas Civil Rules for Non-Lawyers.
[01:05:09.400 --> 01:05:13.400]  The book hadn't been written yet. We're just starting this project.
[01:05:13.400 --> 01:05:25.400]  I've collected information about the civil procedures and the processes in Texas by participating and observing since the early 1990s.
[01:05:25.400 --> 01:05:32.400]  Just to give the listeners an idea of where I also get one of my sounding boards is my brother is a lawyer.
[01:05:32.400 --> 01:05:42.400]  I get to bounce ideas off of him. As a matter of fact, I've helped him as a paralegal on a few cases where I've helped him organize paperwork.
[01:05:42.400 --> 01:06:00.400]  He's adopted some of my strategies based on the fact that it makes sense. It's a good idea, not that it's going to be necessary, but it may prevent the other side from doing something onerous or sharp practice or something.
[01:06:00.400 --> 01:06:04.400]  We're going to cover the whole thing. Are you familiar with O'Connor's?
[01:06:04.400 --> 01:06:06.400]  No, I'm not.
[01:06:06.400 --> 01:06:12.400]  Yeah, I'm probably doing a lot of good work for them at this point in time, but there's no sense in me.
[01:06:12.400 --> 01:06:22.400]  O'Connor's was an appellate court judge in the Houston area for a number of years and wrote a series of books and got a publishing company to put it together.
[01:06:22.400 --> 01:06:29.400]  I'm absolutely sure that she's got room full of legal researchers to look up the case law.
[01:06:29.400 --> 01:06:42.400]  The predecessor to O'Connor's was Dorsanio's, and Professor Dorsanio was out of S of U law school, and that was a comprehensive book on the rules and then the case law that supported those rules.
[01:06:42.400 --> 01:06:54.400]  Dorsanio's was much more complete on the case law, but O'Connor's filled in the gap by putting in the front practice section, which talked about what you do in each case,
[01:06:54.400 --> 01:07:06.400]  and then notes and warnings about things that were ruled on by an appellate court that might be a problem if you don't do certain practices in certain types of situations.
[01:07:06.400 --> 01:07:13.400]  And we're kind of doing one more step on that, which is we're coming in and saying, all right, you don't know any law.
[01:07:13.400 --> 01:07:19.400]  It's basically laws like learning to play monopoly. There's a set of rules if you don't know the rules.
[01:07:19.400 --> 01:07:29.400]  The problem with law, as opposed to monopoly, is the consequences are much more severe than just losing your game and your hotels.
[01:07:29.400 --> 01:07:43.400]  So the idea here is you have to recognize that the rulings of the court and the capricious nature that could occur, they expect you to assert your rights.
[01:07:43.400 --> 01:07:54.400]  The biggest thing I can tell anybody about the entire book will be that the number one reason pro se litigants lose, or anybody, even lawyers lose, is that they waive their rights.
[01:07:54.400 --> 01:08:06.400]  The courts are, the appellate court and Supreme Court cases out of Texas are just repeat with examples of, oh, they didn't preserve this error because they didn't object, so they waive their rights.
[01:08:06.400 --> 01:08:12.400]  That is probably the most common phrase written in all of the appellate civil decisions out there.
[01:08:12.400 --> 01:08:24.400]  However, there are elements of how the courts construct the process at the lower level, which are barriers to the pro se litigant.
[01:08:24.400 --> 01:08:29.400]  I'll give one example. Randy had asked me to tell some stories about this.
[01:08:29.400 --> 01:08:40.400]  One example was a pro se litigant that was objecting to a particular hearing that was coming up, and he filed an objection in the district court with the clerk.
[01:08:40.400 --> 01:08:57.400]  However, the appellate court ruled that the trial court, when they said that they weren't aware of his objections, was not, it wasn't abuse of discretion because the judge wasn't aware, since the pro se litigant didn't write a letter to the clerk,
[01:08:57.400 --> 01:09:01.400]  instructing the clerk to bring it to the immediate attention of the court.
[01:09:01.400 --> 01:09:03.400]  I see. That's priest.
[01:09:03.400 --> 01:09:14.400]  This is the entire example of exactly what happens throughout the rules, the sharp practices that are being used by lawyers and judges.
[01:09:14.400 --> 01:09:24.400]  For a while, I was very excited about finding new cases and following them through court and watching the process to get new examples of abuses.
[01:09:24.400 --> 01:09:35.400]  Then I started reading the appellate rules, the appellate decisions more, and I quickly found that the rulings that they've already made, they've already painted themselves into a corner.
[01:09:35.400 --> 01:09:46.400]  They've already made rulings that are contradictory of law, and another example of that would be that there's a statute out there with regards to the Texas Family Code,
[01:09:46.400 --> 01:09:59.400]  and it specifically says in a family law case involving a divorce, after the trial, if a request for findings of facts, conclusions of law are sent,
[01:09:59.400 --> 01:10:04.400]  there's a rule in civil procedures that ask that you can request findings of facts, conclusions of law.
[01:10:04.400 --> 01:10:09.400]  However, there's a statute in the family code that says the judge shall produce them.
[01:10:09.400 --> 01:10:18.400]  There's no ambiguity there. The judge shall produce them. The appellate court decision out of Austin flat out said,
[01:10:18.400 --> 01:10:26.400]  well, we don't see anything that the findings of facts would have revealed that would have shown that the court abused its discretion.
[01:10:26.400 --> 01:10:31.400]  We find that the fact that the judge didn't produce them was harmless error.
[01:10:31.400 --> 01:10:41.400]  Excuse me, where does the appellate court get off? Excuse me, a trial judge from following the law, a statute wasn't optional.
[01:10:41.400 --> 01:10:49.400]  That is really fascinating because you'd think that going to law school and passing a bar would make one responsible for knowing those things,
[01:10:49.400 --> 01:10:59.400]  and you'd think some professionals would lose their license to practice if those things were found out. How is this kind of corruption going on?
[01:10:59.400 --> 01:11:04.400]  Good question. One of the chapters of the book will address this.
[01:11:04.400 --> 01:11:12.400]  One of the chapters of the book is the fact that the Bar Association is run by lawyers. They do discipline about lawyers.
[01:11:12.400 --> 01:11:24.400]  All of the complaints against lawyers in the state of Texas are secret unless the disciplinary committee finds in favor of the complainant
[01:11:24.400 --> 01:11:29.400]  and finds that the lawyer violated the rules, then they give them a public rep for man, then it becomes public.
[01:11:29.400 --> 01:11:37.400]  They may disbar them, which they occasionally do, that becomes public. They may suspend them, which may become public.
[01:11:37.400 --> 01:11:40.400]  But until that occurs, they're all secret.
[01:11:40.400 --> 01:11:49.400]  So as a matter of fact, by statute, if the disciplinary committee in Texas of the Texas Bar Association finds that there's no merit to a complaint,
[01:11:49.400 --> 01:11:59.400]  by statute, by act, they are required to destroy the complaint and all of the research and work that they received on it.
[01:11:59.400 --> 01:12:02.400]  And this is in subject to the Open Records Act, apparently?
[01:12:02.400 --> 01:12:05.400]  No. No, it's not specifically excluded.
[01:12:05.400 --> 01:12:07.400]  Everything else is?
[01:12:07.400 --> 01:12:09.400]  Well, almost everything else is.
[01:12:09.400 --> 01:12:19.400]  But the same thing happens with judges, same issue. You file a complaint of judicial conduct with the State Judicial Conduct Commission,
[01:12:19.400 --> 01:12:27.400]  and essentially it's secret, and you'll receive a letter back from either agency, the State Bar, or from judicial conduct,
[01:12:27.400 --> 01:12:34.400]  and they'll actually cite part of the statute, which implies that you're not even allowed to tell a third party.
[01:12:34.400 --> 01:12:43.400]  But the statute, they're citing out a context that only applies to employees of the agency, not to the person who filed the complaint.
[01:12:43.400 --> 01:12:55.400]  So now, we have a way to take care of that, and I hope to have it up and working here very soon.
[01:12:55.400 --> 01:13:08.400]  We're putting up barbriefings.net. I have the site up where you can go on and look at the American Bar Association model standards converted into a questionnaire.
[01:13:08.400 --> 01:13:13.400]  So you can walk down the questions and it says, did the attorney do this? Did he do this?
[01:13:13.400 --> 01:13:24.400]  And it's not interactive yet, so you can take a pencil and paper where you say yes, mark down the standard that the attorney violated.
[01:13:24.400 --> 01:13:25.400]  I see.
[01:13:25.400 --> 01:13:33.400]  I had to prepare a grievance correctly, otherwise it won't be accepted.
[01:13:33.400 --> 01:14:00.400]  It's barbriefings.net. I hope to have that working soon, and what that will do is you fill out the complaint online and you fill in the blanks and it will produce you a complaint that you can download signed and sent.
[01:14:00.400 --> 01:14:05.400]  Now, when you sign it and send it, and they get it, it becomes secret.
[01:14:05.400 --> 01:14:15.400]  But when you filled it out on the website, it hadn't been signed and sent yet, so it's still just a working copy.
[01:14:15.400 --> 01:14:22.400]  And we're going to keep a working copy and post it on the Internet with the title, the name of the attorney you're complaining against.
[01:14:22.400 --> 01:14:23.400]  Brilliant.
[01:14:23.400 --> 01:14:26.400]  So it won't be quite as secret as it used to be.
[01:14:26.400 --> 01:14:27.400]  Right.
[01:14:27.400 --> 01:14:30.400]  Another one of the tools.
[01:14:30.400 --> 01:14:32.400]  Hold on just a second.
[01:14:32.400 --> 01:14:35.400]  Somebody has their microphone too close to their mouth.
[01:14:35.400 --> 01:14:38.400]  We're getting a lot of blowback.
[01:14:38.400 --> 01:14:49.400]  So if you have a headset or something, just kind of move your mic just to your chin, or if you're using a handset, try not to talk directly into the mic.
[01:14:49.400 --> 01:14:51.400]  Okay.
[01:14:51.400 --> 01:15:09.400]  One aspect of filing complaints, though, is that anybody that doesn't get involved with that website or anything, you can also send a copy of the complaint, not to have the committee work on it, but to hold it as evidence for future sunset hearings.
[01:15:09.400 --> 01:15:22.400]  And you can send a copy of your bar complaint to the appropriate Senate and House committees that have jurisdiction over the State Bar Association, or in the case of the Judicial Conduct Commission, over the Judicial Conduct Commission.
[01:15:22.400 --> 01:15:28.400]  And you send a copy to each one and ask them to preserve this for testimony for future hearings.
[01:15:28.400 --> 01:15:33.400]  Then it becomes a public document, which they're not allowed to destroy.
[01:15:33.400 --> 01:15:40.400]  Because it wasn't sent to the bar, it was sent to the Senator House committee.
[01:15:40.400 --> 01:15:46.400]  Thereby, the document will remain in the committee files, hopefully forever.
[01:15:46.400 --> 01:15:54.400]  Now, my bet is that somebody will be there selectively destroying them, but we'll find out who does that later in a later date.
[01:15:54.400 --> 01:16:11.400]  But by doing this and keeping certified copies and dates and all the responses from the bar association and or the committees, you preserve the record of exactly the attempt to complain about the abuse and the corruption.
[01:16:11.400 --> 01:16:17.400]  And that information, if it gets to me, when I go down to talk to the legislature about it, now I've got ammunition.
[01:16:17.400 --> 01:16:24.400]  I can come in there and read off a complaint, say, look, members of the committee, they didn't do anything.
[01:16:24.400 --> 01:16:31.400]  The bar didn't do anything about this, and the bar can't say anything because they don't have a record of it any longer because they destroyed it.
[01:16:31.400 --> 01:16:41.400]  So the committee now receives the evidence and our testimony and puts it just far where they may.
[01:16:41.400 --> 01:16:51.400]  Okay, this is Randy Kelton, Debbie Stephen, J.D. Craig, Will of Law Radio. We're doing our Friday 4-hour info marathon.
[01:16:51.400 --> 01:16:59.400]  Give us a call, 512-646-1984. We'll be right back.
[01:16:59.400 --> 01:17:07.400]  Capital Coin and Bull-In is your local source for rare coins, precious metals and coin supplies in the Austin Metro area.
[01:17:07.400 --> 01:17:14.400]  We also ship worldwide. We're a family-owned and operated business that offers competitive prices on your coin and metals purchases.
[01:17:14.400 --> 01:17:20.400]  Because of you, Austin, business has been so good that we've had to move to a new and bigger location.
[01:17:20.400 --> 01:17:27.400]  We're now located at 7304 Burnett Road, Suite A, 1.2 miles north on Burnett from our previous location.
[01:17:27.400 --> 01:17:35.400]  We're on the west side of Burnett Road, in Stanley Insurance Building on the ground floor, next to the Ishibon Sushi and the Genie Car Wash.
[01:17:35.400 --> 01:17:45.400]  We open Monday through Friday, 10 to 6, Saturdays, 10 to 5. You're welcome to stop in during regular business hours or call 512-646-644-0.
[01:17:45.400 --> 01:17:50.400]  Ask for Chad or Becky and say that you heard about us on Rule of Law Radio or Texas Liberty Radio.
[01:17:50.400 --> 01:18:00.400]  That's Capital Coin and Bull-In at our new location at 7304 Burnett Road, Suite A or call 512-646-644-0.
[01:18:00.400 --> 01:18:09.400]  My name is Randall Kelton and I co-host on Rule of Law Radio. We specialize in showing people how to strike back against corrupt public officials.
[01:18:09.400 --> 01:18:15.400]  With the mortgage crisis worsening, we set our sights on finding a remedy for people who have been cheated by their lenders.
[01:18:15.400 --> 01:18:22.400]  If you have a mortgage or have paid yours off, you have probably been cheated out of thousands, but there is a remedy.
[01:18:22.400 --> 01:18:37.400]  Go to remediesinrealestate.com or call me at 512-430-4140 and find out how to use the consumer protection laws to recover what the lenders have stolen through fraud and deception.
[01:18:37.400 --> 01:18:43.400]  We will prepare for you a qualified written request that will expose the fraud and put the lenders on the dime.
[01:18:43.400 --> 01:19:00.400]  Lender fraud is bankrupting this country and it's time to fight back. Go to remediesinrealestate.com or call 512-430-4140 and get the information you need to stop the money changers in their tracks.
[01:19:13.400 --> 01:19:28.400]  Okay, we're back.
[01:19:28.400 --> 01:19:33.400]  Eddie Craig, David Stevens with Rule of Law Radio talking with Kid Magnuson.
[01:19:33.400 --> 01:19:39.400]  Okay, Kid, we were talking about the barguee resistance.
[01:19:39.400 --> 01:19:52.400]  Well, there's going to be an entire section on the barguee resistance in the book and it's probably going to reference heavily your website and the idea that we don't have to use the state bar rules.
[01:19:52.400 --> 01:19:58.400]  We can complain and put stuff out in public domain based on the concept of fairness and equity.
[01:19:58.400 --> 01:20:03.400]  And I think the American bar standards is a good idea.
[01:20:03.400 --> 01:20:11.400]  The American bar standards have come out. A few states have decided to adopt it and they have a lot more shals in the rules.
[01:20:11.400 --> 01:20:15.400]  They shall not prohibit certain types of activities.
[01:20:15.400 --> 01:20:35.400]  Actually, 47 states have adopted the model standards and they've made minor adjustments to them and the other three states have standards that very closely follow the model standards.
[01:20:35.400 --> 01:20:39.400]  There's still a lot of good though in it.
[01:20:39.400 --> 01:20:41.400]  We don't care about that.
[01:20:41.400 --> 01:20:53.400]  We're going to use the bar. The only time they sanction an attorney is when it's politically profitable for them to do so.
[01:20:53.400 --> 01:21:17.400]  We like an attorney who raises issues. Judges don't want to adjudicate. So we don't care what they do with those bar grievances. We know what the bar grievance does to their insurance policies and to their career. If we post them on the Internet with the attorney's name and the title of the page, anybody does a search for his name.
[01:21:17.400 --> 01:21:20.400]  We'll have the attorney's name and law firm.
[01:21:20.400 --> 01:21:26.400]  Anybody does a search on the name or law firm, you'll get a hit on that complaint.
[01:21:26.400 --> 01:21:30.400]  That would give it more credence.
[01:21:30.400 --> 01:21:52.400]  This is so the listeners understand the discussion about shall and shall not and should or should not is the sharp practice that the lawyers have used to write a set of rules that says should. There was testimony heard in 2004 at SMU with regards to the change in the judicial conduct rules.
[01:21:52.400 --> 01:22:08.400]  A long list of rules were read out to the panel with regards to the use of word should. The basic concept of it is should is advisory.
[01:22:08.400 --> 01:22:25.400]  So one of the, to quote myself, I testified before that panel. The idea is if we use the penal code the same way should would mean you should not rob banks. Doesn't mean you're precluded from robbing banks. You just should try to refrain from it.
[01:22:25.400 --> 01:22:49.400]  Basically what most of the rules in judicial rules of conduct as well as the attorney rules, it's just, it's advisory. There are a few specific rules that require them to not do something or to do something and that language is more precise that says shall or shall not or must or must not.
[01:22:49.400 --> 01:23:09.400]  That's one of the examples of sharp practices in using the language. So getting back to the idea of the book and some of this is part of the information that's going to be in the book and the reason why it has to be there is it's a collection of information that Randy and I have been collecting for almost two decades now.
[01:23:09.400 --> 01:23:22.400]  So the information needs to get out to the people who haven't had our long experience with looking at the system from inside and out and from the legislative perspective as well.
[01:23:22.400 --> 01:23:40.400]  So one of the things that I've experienced in doing this is one of the chapters in the books will be about the clerks. The court clerks now recognize the term clerk is a very general term. The judges have individual clerks as well.
[01:23:40.400 --> 01:24:04.400]  More or less the judge's personal clerk, that would be a more correct term for the judge's clerk. Some places they call it the judge's administrative clerk. The clerk of the county or the district clerk are specific positions, elected positions in Texas which have specific duties and responsibilities with regards to court records and documents.
[01:24:04.400 --> 01:24:18.400]  So in dealing with the courts and filing documents with the clerk, you're going to have to go down or you're going to mail documents and pleadings to file with the clerk in response to a lawsuit or to start a lawsuit.
[01:24:18.400 --> 01:24:34.400]  And what most people have to realize is that the clerks in most cases are the employees of the actual elected clerk. The actual county clerk or the district clerk is one elected position. In the big counties, high populations, you're never going to see this individual.
[01:24:34.400 --> 01:24:52.400]  The individual is sequestered behind walls and offices in the back room and you never see it. So they have hired employees which are called clerks that stand at the front desk that take your document, file stamp it, and take your money if there's filing fees required.
[01:24:52.400 --> 01:25:06.400]  But to kind of remember that these people are just employees. They've been hired to do this job. Generally speaking, state jobs, with the exception of the upper level, tier of the state jobs, don't pay that well.
[01:25:06.400 --> 01:25:21.400]  They may have good benefits, but they don't pay that well. So many of the people that are there are less than well educated in what they're supposed to do and less knowledgeable about where the power runs.
[01:25:21.400 --> 01:25:41.400]  And what their duties are. Many of these clerks that I have come across over the years and actually done Public Information Act requests, many of these clerks take it for granted that if a judge tells them to do something, they're required to do it.
[01:25:41.400 --> 01:25:51.400]  They have no knowledge of the legal requirement that if a judge wants to order something, which is what they have to do to prevent somebody from filing documents, that they have to put it in writing.
[01:25:51.400 --> 01:26:05.400]  And most of the clerks aren't aware of any of this. The training that they get is minimal and the actual district clerks, as told by one of the district clerks that I had a long interview and discussion with, they don't want to educate them too much.
[01:26:05.400 --> 01:26:15.400]  Because if they educate them and put them through too many courses at the county's expense, they will then get hired by an attorney as a paralegal and they lose them.
[01:26:15.400 --> 01:26:22.400]  So the county ends up paying for the training and the attorney gets to utilize the talent.
[01:26:22.400 --> 01:26:29.400]  But the clerk again is not the evil person. The clerk is the person just doing the job is being instructed.
[01:26:29.400 --> 01:26:45.400]  So the key is to avoid confrontation. To avoid confrontation with the clerk, the best way to do it, like I just gave an example case where the prosailiticate didn't tell the clerk, it didn't give instructions to the clerk
[01:26:45.400 --> 01:26:51.400]  not what to do with his filed documents. And that would, he waved his rights because he didn't instruct the clerk.
[01:26:51.400 --> 01:27:07.400]  Basically, the concept that I have at this point in time is once you're involved in litigation and your prosailiticate, it's your responsibility to tell the judge to tell the clerk what to do, to tell the court through motions or whatever what to do,
[01:27:07.400 --> 01:27:15.400]  and cite all of the rules. You have to hold them accountable. So you're essentially the oversight of the entire process.
[01:27:15.400 --> 01:27:30.400]  So every document that's filed, if you're going in person and file it, even if you get a file stamp copy back, unless the clerk, you're familiar with the clerk and the clerk has told you what they were going to do with the documents,
[01:27:30.400 --> 01:27:37.400]  you have to always have a cover letter instructing the clerk to bring it to the immediate attention of the court.
[01:27:37.400 --> 01:27:48.400]  You always have to have a part of the letter that says, if I made a mistake or omission or there's needed information, please contact me at da-da-da-da-da.
[01:27:48.400 --> 01:28:00.400]  You have to put your personal information there and advertise the fact that you're open to communications from them if there's something that's necessary that you omitted.
[01:28:00.400 --> 01:28:13.400]  So the idea of mailing in documents is always better than doing it in person. And this is one of the things that I keep trying to tell prosailitics over and over again because they want to go down there and file it.
[01:28:13.400 --> 01:28:24.400]  The problem is, is if they run into a confrontation with the clerk and or the bailiff that might be there at the office, it's going to turn into a he said, she said battle.
[01:28:24.400 --> 01:28:33.400]  And if you're recording it on a tape recorder, it's still a he said, she said. If you write a letter, it's a sink. It says, here's the motion I filed.
[01:28:33.400 --> 01:28:40.400]  I want a copy sent back to me. Here's the self-addressed stamped envelope enclosed. I'd like you to file it, file stamp it.
[01:28:40.400 --> 01:28:51.400]  The copy is returned to me. Bring it to the immediate attention of the court. If there's any additional information or omissions that I've made, please bring it to my attention as soon as you're aware of it.
[01:28:51.400 --> 01:29:01.400]  Sincerely, you know, Steve Smith, and you put your address and name and phone number down there. Don't sign it pro se.
[01:29:01.400 --> 01:29:17.400]  But the idea that's the letter and instruction of the clerk. If the clerk decides that they don't want them, they've been told not to accept this by some judge, now they're going to have to type you a letter and say, Judge Smith or Judge Jones told us not to accept these.
[01:29:17.400 --> 01:29:27.400]  So now you've got something in writing saying they didn't accept it. You've got it back. You've got a document back. You've got a letter back saying it wasn't accepted for whatever reason.
[01:29:27.400 --> 01:29:36.400]  And essentially, the reason that they put the letter is what they're hanging their hat on.
[01:29:36.400 --> 01:29:51.400]  Okay, that's basically he's laying the clerk. Okay, good. Okay, this is Randy Kelton, every single day, Craig. The call light boy is open 512-646-1984.
[01:29:51.400 --> 01:30:07.400]  It's a call. We'll be right back.
[01:30:07.400 --> 01:30:34.400]  We all like a nice fitting outfit that flatters the figure.
[01:30:34.400 --> 01:30:39.400]  But would you strip Buck naked in front of total strangers to get that perfect look?
[01:30:39.400 --> 01:31:05.400]  I'm Dr. Catherine Albrecht and I'll be back in a moment with the facts on a freaky, futuristic fitting room.
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[01:31:14.400 --> 01:31:22.400]  You know that naked-icing X-ray machine at the airport, the one that strips you nude so TSA agents can scrutinize you in your birthday suit?
[01:31:22.400 --> 01:31:24.400]  Talk about an invasion of privacy.
[01:31:24.400 --> 01:31:33.400]  Well, soon you could have that same humiliating experience voluntarily at your local mall if a company called Unique Solutions has its way.
[01:31:33.400 --> 01:31:38.400]  The company has licensed backscatter X-ray machines for use in clothing store fitting rooms.
[01:31:38.400 --> 01:31:45.400]  The idea is to give staff a thorough gander at your contours to help them select the perfect outfit for your size and shape.
[01:31:45.400 --> 01:31:51.400]  They've already installed the machines at the nation's largest mall, the King of Prussia Mall outside of Philadelphia.
[01:31:51.400 --> 01:31:54.400]  But I'm betting most customers will be camera shy.
[01:31:54.400 --> 01:32:03.400]  I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com.
[01:32:25.400 --> 01:32:37.400]  The way you come with temptation, they're trying to buy the whole place.
[01:32:37.400 --> 01:32:48.400]  They want a voice in the nation because they fall from grace.
[01:32:48.400 --> 01:33:03.400]  I will not bring you back to us.
[01:33:03.400 --> 01:33:07.400]  Well, the outline, I'd only gone through about half of the outline.
[01:33:07.400 --> 01:33:08.400]  We haven't gone through the whole thing.
[01:33:08.400 --> 01:33:18.400]  But one of the things that I wanted to put out there for our listeners is if there's some area of civil law, especially in Texas, that they've stumbled across and can't really get an answer about.
[01:33:18.400 --> 01:33:20.400]  You know, I'm open to suggestions.
[01:33:20.400 --> 01:33:35.400]  Even if I end up having to research it, I'd rather have that tough issue come up that we don't have an answer to now rather than print the book and then have to reprint it.
[01:33:35.400 --> 01:33:41.400]  So the idea of anything that comes up, an issue just as...
[01:33:41.400 --> 01:33:44.400]  Hold on. This is great, guys.
[01:33:44.400 --> 01:33:49.400]  Now we get to play Stomp the Chops.
[01:33:49.400 --> 01:33:53.400]  We've been playing that with Eddie and I.
[01:33:53.400 --> 01:33:57.400]  Any time we get a hard question, I defer to Eddie.
[01:33:57.400 --> 01:34:01.400]  So you've stolen this from the car guys, though, right?
[01:34:01.400 --> 01:34:09.400]  Oh, yeah. Click a clack of the aphorist pretty soon.
[01:34:09.400 --> 01:34:17.400]  So in any event, one example of this is one thing that stymied me when I first got involved in all of this was setting a hearing.
[01:34:17.400 --> 01:34:21.400]  Any time you file a motion, you have to set a hearing.
[01:34:21.400 --> 01:34:29.400]  If you want the court to do something, you're moving the court to do it, you have to set a hearing date according to the rules.
[01:34:29.400 --> 01:34:33.400]  Some types of motions, there's specific rules with regards to how to set that.
[01:34:33.400 --> 01:34:35.400]  We will go into the details of that.
[01:34:35.400 --> 01:34:38.400]  But how do you set a hearing date? Well, you can make a request for a hearing date.
[01:34:38.400 --> 01:34:46.400]  Some courts will play this game with you where the request for a hearing date isn't a request for a hearing date.
[01:34:46.400 --> 01:34:49.400]  It's called a fiat and it just says fiat on it.
[01:34:49.400 --> 01:34:59.400]  It says the hearing is set at blank time, blank date, at such-and-such courtroom, at such-and-such location in, you know, XYZ County.
[01:34:59.400 --> 01:35:09.400]  And you send a blank copy of it to the court floor with the court coordinator for the judge and ask them to put the hearing on the docket
[01:35:09.400 --> 01:35:15.400]  and then send a copy of this back to you and then you're required to send it to the noticed all parties.
[01:35:15.400 --> 01:35:19.400]  But the issue is it's called a fiat.
[01:35:19.400 --> 01:35:26.400]  The fiat does not appear anywhere in the rules of civil procedure.
[01:35:26.400 --> 01:35:32.400]  Does it, as far as I'm aware of, appear anywhere in the rules of criminal procedure?
[01:35:32.400 --> 01:35:35.400]  Does it appear anywhere in the government code?
[01:35:35.400 --> 01:35:38.400]  So how does anybody learn about fiat?
[01:35:38.400 --> 01:35:41.400]  Well, I was told by a clerk. That's how I learned.
[01:35:41.400 --> 01:35:46.400]  I'm sure every attorney out there learns by being told by the attorney that they go to work for
[01:35:46.400 --> 01:35:51.400]  or a more experienced attorney that shows them an example.
[01:35:51.400 --> 01:35:59.400]  But having said that, showing an example, that's one of the other things that I suggest to people that approach their litigants all the time
[01:35:59.400 --> 01:36:01.400]  and very few ever listen to me.
[01:36:01.400 --> 01:36:11.400]  Because you have to go down there and ask to look at a file in the civil courts, pick a docket, pick a case that's been on the docket for a long time.
[01:36:11.400 --> 01:36:15.400]  The thicker the fatter the folder is, the better because that means there's been conflict.
[01:36:15.400 --> 01:36:18.400]  And when you get that file, look through it.
[01:36:18.400 --> 01:36:23.400]  But don't be satisfied with looking at just one file, one type of case that's about yours.
[01:36:23.400 --> 01:36:26.400]  Look at various approaches that the attorneys use.
[01:36:26.400 --> 01:36:35.400]  When I did this originally back in the early 90s, I literally spent day after day after day after day down at the courthouse
[01:36:35.400 --> 01:36:38.400]  doing nothing but looking through case files.
[01:36:38.400 --> 01:36:42.400]  It sounds tedious, but this is the only way you learn.
[01:36:42.400 --> 01:36:44.400]  You read it. You see how they approach the issue.
[01:36:44.400 --> 01:36:48.400]  You see the orders written by the judge because you see which side wins.
[01:36:48.400 --> 01:36:51.400]  Then you start to see how to structure your arguments.
[01:36:51.400 --> 01:36:55.400]  The best example is by seeing how it was done before.
[01:36:55.400 --> 01:37:00.400]  So that gives you a good idea of what your concluding should look like.
[01:37:00.400 --> 01:37:04.400]  It gives you an example of how you should make the arguments.
[01:37:04.400 --> 01:37:15.400]  And again, the key is you have to recognize that another short story was that one attorney who learned it from an attorney
[01:37:15.400 --> 01:37:22.400]  when he first went to work in the law office, he was told when you do a motion and you want something done or not done,
[01:37:22.400 --> 01:37:26.400]  if you're an objection to a motion, you want to have your objection to the motion
[01:37:26.400 --> 01:37:31.400]  and you want to clearly, eloquently state what's going on.
[01:37:31.400 --> 01:37:34.400]  You got to pretend the judge is beamed in from Venus.
[01:37:34.400 --> 01:37:40.400]  The judge understands the basic construct of the legal language and the basic construct of the law.
[01:37:40.400 --> 01:37:49.400]  What you want to do is treat him like to quote the movie with Denzel Washington, Philadelphia.
[01:37:49.400 --> 01:37:52.400]  You want to treat him like an eighth grader.
[01:37:52.400 --> 01:37:56.400]  Tell him exactly who the parties are, what the basic construct of the case is.
[01:37:56.400 --> 01:38:02.400]  Tell him you're coming to the court and you're moving under this rule or this doctrine or this statute.
[01:38:02.400 --> 01:38:06.400]  Sight the doctrine, cite the statute, set up the facts of the case.
[01:38:06.400 --> 01:38:09.400]  Now let's deviate for a second and talk about facts.
[01:38:09.400 --> 01:38:12.400]  Facts are indisputable.
[01:38:12.400 --> 01:38:13.400]  It was day.
[01:38:13.400 --> 01:38:14.400]  It was night.
[01:38:14.400 --> 01:38:17.400]  It was Dallas County.
[01:38:17.400 --> 01:38:20.400]  Those are facts.
[01:38:20.400 --> 01:38:24.400]  An argument is where you're stating that something took place.
[01:38:24.400 --> 01:38:28.400]  You're arguing that they did something in violation of a rule.
[01:38:28.400 --> 01:38:33.400]  That's an argument, not a fact.
[01:38:33.400 --> 01:38:36.400]  So you put the facts, the indisputable facts, in the case.
[01:38:36.400 --> 01:38:39.400]  Then you make the argument about why you should win.
[01:38:39.400 --> 01:38:44.400]  In the back, as exhibits, you attach any evidence,
[01:38:44.400 --> 01:38:48.400]  affidavits, documents, business records, whatever's required,
[01:38:48.400 --> 01:38:52.400]  and you attach copies of the rules that you cited in the case.
[01:38:52.400 --> 01:38:58.400]  The idea is this motion should contain everything the judge needs to make a ruling now.
[01:38:58.400 --> 01:39:01.400]  They shouldn't have to look anything up.
[01:39:01.400 --> 01:39:03.400]  They don't have to go to any reference books.
[01:39:03.400 --> 01:39:10.400]  You might even also make the contrary argument, saying the other side might argue this issue or this issue or this issue,
[01:39:10.400 --> 01:39:13.400]  and this is why it doesn't apply.
[01:39:13.400 --> 01:39:17.400]  And you cite the case law that makes those reasons non-applicable,
[01:39:17.400 --> 01:39:20.400]  and you attach that case law as well.
[01:39:20.400 --> 01:39:29.400]  When you do that, and you're in a level playing field court where the court's at least not objectionable to the idea of letting a prosailitic win,
[01:39:29.400 --> 01:39:37.400]  you'll find how easy it is to actually prevail.
[01:39:37.400 --> 01:39:43.400]  Yes, this concept of treating the judge like he's an eighth grader.
[01:39:43.400 --> 01:39:45.400]  Yes.
[01:39:45.400 --> 01:39:56.400]  That's not a slight against the judge, but the judge hears case after case after case after case.
[01:39:56.400 --> 01:40:04.400]  And when he picks up yours, he doesn't want to have to go down and pull out the case file and rummage through the case file
[01:40:04.400 --> 01:40:10.400]  and try to figure out what else is going on to refresh his memory.
[01:40:10.400 --> 01:40:19.400]  Or he may have, the judge may be out for some reason and have another judge come in and hear the motion.
[01:40:19.400 --> 01:40:25.400]  So the motion needs everything in it that the judge is going to need.
[01:40:25.400 --> 01:40:32.400]  And as to going down and looking through the court records, and we've talked about that before,
[01:40:32.400 --> 01:40:43.400]  that's where I developed my most highly attuned skill is I am an accomplished plagiarist.
[01:40:43.400 --> 01:40:50.400]  Why should I write a reading when somebody else already did a better job than I could?
[01:40:50.400 --> 01:40:54.400]  These filings become a public record.
[01:40:54.400 --> 01:41:00.400]  If you have an argument dead on point, copy and paste it.
[01:41:00.400 --> 01:41:04.400]  You have a, you come across motions like you've never seen before.
[01:41:04.400 --> 01:41:07.400]  I came across an unlimited motion in limony.
[01:41:07.400 --> 01:41:10.400]  I had no idea what that was.
[01:41:10.400 --> 01:41:14.400]  And when I looked it over, I was just thrilled.
[01:41:14.400 --> 01:41:15.400]  This is wonderful.
[01:41:15.400 --> 01:41:18.400]  All the questions the other side can't ask.
[01:41:18.400 --> 01:41:21.400]  I would have never had a clue about that.
[01:41:21.400 --> 01:41:27.400]  I never see that in any of the law books unless we're talking about somebody having filed one.
[01:41:27.400 --> 01:41:38.400]  You will find motions in these readings these attorneys have filed that there's no way to read the books to figure them out.
[01:41:38.400 --> 01:41:42.400]  This is part of the art of the profession.
[01:41:42.400 --> 01:41:45.400]  So spend some time down at the court.
[01:41:45.400 --> 01:41:51.400]  If you do it correctly and make friends with the clerks, they'll treat you more professionally.
[01:41:51.400 --> 01:41:55.400]  And that gets to another aspect of going down to the clerk if you have to do it.
[01:41:55.400 --> 01:41:59.400]  There are some things you have to file, you have to file in person.
[01:41:59.400 --> 01:42:07.400]  The things that are non-controversial like original petition, original answer, notices to things like a notice for the court reporter.
[01:42:07.400 --> 01:42:09.400]  That's a notice.
[01:42:09.400 --> 01:42:13.400]  So you could file that person without any kind of, there won't be any discussion.
[01:42:13.400 --> 01:42:14.400]  There's no filing fees.
[01:42:14.400 --> 01:42:18.400]  You just get a file stamped and you send a copy to the other side.
[01:42:18.400 --> 01:42:27.400]  The issue here with, never assume that the judge has read anything in the case file.
[01:42:27.400 --> 01:42:29.400]  Frequently they don't.
[01:42:29.400 --> 01:42:39.400]  But at the same time, if you're down there and you, when you go down there to file things, I tell people, don't dress lucketarily.
[01:42:39.400 --> 01:42:41.400]  Okay, let me clarify that.
[01:42:41.400 --> 01:42:44.400]  You need to look professional.
[01:42:44.400 --> 01:42:51.400]  Now I'm not saying in the middle of the summer, like we have right now in Texas and elsewhere in the nation, that you have to dress up in a suit and tie.
[01:42:51.400 --> 01:42:59.400]  But it would be nice to wear a doctor's clean shirt, be shaven, not smell like you've been drinking all night, or haven't bathed in a week,
[01:42:59.400 --> 01:43:05.400]  and look like you're a lucid, educated individual that's sane.
[01:43:05.400 --> 01:43:14.400]  And I say that only because I've seen other people down there filing stuff that were just the opposite of that. That doesn't help you at all.
[01:43:14.400 --> 01:43:18.400]  You've got to look like a lawyer.
[01:43:18.400 --> 01:43:21.400]  It's not that you're trying to present yourself as a lawyer.
[01:43:21.400 --> 01:43:27.400]  You just don't want the other side harping on the fact that you're not a lawyer and you don't look like a lawyer.
[01:43:27.400 --> 01:43:29.400]  You're not acting like a lawyer.
[01:43:29.400 --> 01:43:36.400]  And the assumption is you should weigh in like a lawyer.
[01:43:36.400 --> 01:43:41.400]  And they get that assumption and they feel like they can treat you the way they want to.
[01:43:41.400 --> 01:43:46.400]  Every time I go to the court and I'm not wearing this suit, I wind up getting arrested.
[01:43:46.400 --> 01:43:48.400]  Okay, phone lines are open.
[01:43:48.400 --> 01:43:53.400]  It was called 512-646-1984.
[01:43:53.400 --> 01:43:59.400]  This is Grant Kelp, Ben Stevens and Craig with Love Radio. We'll be right back.
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[01:47:31.400 --> 01:47:41.400]  And now you can try our number one selling detox product, micro-plant powder.
[01:47:41.400 --> 01:47:51.400]  And now you cannot foreclose on people anymore, period. And I just wanted to find out about it.
[01:47:51.400 --> 01:47:59.400]  But I also wanted to validate this awesome you gentlemen who go on and all of them in research and spend all your heartbeats and time on.
[01:47:59.400 --> 01:48:05.400]  We're making a living out here trying to, we'd like to sponsor and get all of the books. And we will.
[01:48:05.400 --> 01:48:13.400]  I was going to help this old guy that wanted to save his property and try to make some money because he's in a wheelchair.
[01:48:13.400 --> 01:48:23.400]  But he got very caustic and ugly, so I dropped it. But I'm fairly and honestly going to move my lease option people that we took money from over to another property and give them credit.
[01:48:23.400 --> 01:48:29.400]  That we don't have to discuss. But I do want to get on board to get your documentation and order the books.
[01:48:29.400 --> 01:48:35.400]  Ken Magnum is his name. I'd like to know how to reach him.
[01:48:35.400 --> 01:48:43.400]  Okay. He doesn't have the book ready yet, but we are going to try to put together some videos and we'll start making those available.
[01:48:43.400 --> 01:48:57.400]  And I want to pay you because you are wonderful. I mean, nobody else has the courage, the fortitude and the stamina and survives still unless they have some kind of trust in the background.
[01:48:57.400 --> 01:49:07.400]  It's an issue that we have a large couple of trusts and we have very definite corruption in those trusts and they're in the millions in my husband's family.
[01:49:07.400 --> 01:49:23.400]  And we're trying to find some really honest, good, prosaise and lawyer that will help us handle the corruption that's there and make sure that he gets his honest and legal share, which the old man is not doing.
[01:49:23.400 --> 01:49:37.400]  Well, I talked to him yesterday and I hope he does survive. But anyway, that's another, I'm trying to connect with the only people in this country that have the knowledge to really honestly fight back and do it effectively.
[01:49:37.400 --> 01:49:48.400]  Okay. Wait a minute. You said someone told you that there was a law that said that the banks could not foreclose at all?
[01:49:48.400 --> 01:50:01.400]  A federal law has been passed. I'll give you his name and number. He claims that he's an entrepreneur that has hundreds of thousands of dollars that he makes all the time.
[01:50:01.400 --> 01:50:13.400]  He called, I was calling from Craigslist, looking for properties. But anyway, he told me yesterday, legally now, banks cannot foreclose on properties.
[01:50:13.400 --> 01:50:19.400]  It's in limbo. It can't be that. Or that a federal law was passed that he may not know what he's talking about.
[01:50:19.400 --> 01:50:38.400]  I think he doesn't know what he's talking about. I pretty well keep my finger on what's coming down. And if such a law had been passed, everybody would be jumping up and down and waving their arms and I haven't heard a peep about that.
[01:50:38.400 --> 01:50:50.400]  I suspect he is. I just said on your radio on the break that the banks are being sued now are given a fine of millions or trillions of dollars so they don't get sued.
[01:50:50.400 --> 01:50:54.400]  And that was a win. And I'm sure you helped put that off, you guys.
[01:50:54.400 --> 01:51:09.400]  Now Bank of America just agreed to a settlement of 8.5 million this year and 6.5 million next year.
[01:51:09.400 --> 01:51:18.400]  Wells Fargo just agreed to a settlement on the lawsuit. But I've heard nothing about any legislation on this kind of issue.
[01:51:18.400 --> 01:51:36.400]  I got that. So I do want to ask you on tape recordings. I tape everything that comes across my lines in business now because you can't call the electric company, the mortgage company, the bottle factory or anyone anymore without being a you either allow us to tape your court or no deal.
[01:51:36.400 --> 01:51:44.400]  We don't talk. So that puts poor old seniors into a position and I'm a fighter for these old seniors that have helped America.
[01:51:44.400 --> 01:51:50.400]  I have many issues I work on but I am genuine and my heart is there.
[01:51:50.400 --> 01:52:02.400]  So I'm trying to make a living and making a living by helping people get into homes with lease options and move forward to correct their credit and buy a house for their family again.
[01:52:02.400 --> 01:52:14.400]  I don't want to go on to very such things because you guys are the ones, the only ones that are standing up in the correct way and I'm trying to find out about tape recordings because I do tape people.
[01:52:14.400 --> 01:52:31.400]  I tape my in-laws today who lied. They're trying to cheat my husband out of $500,000 or less, half of that. And then there's millions coming up and they're forbidding him to talk to his father and mother who are very old.
[01:52:31.400 --> 01:52:37.400]  And last night we were told she was in the hospital almost dead and then it turns out she wasn't almost dead today.
[01:52:37.400 --> 01:52:51.400]  So I called and talked to them and they were very, the old man was very nice to me but I'm being told by the brother and the sister that we're not allowed to talk to them anymore because that's their new policy.
[01:52:51.400 --> 01:52:59.400]  So I need to communicate with honest people that will help me stop these criminals because there's lots and lots of information.
[01:52:59.400 --> 01:53:03.400]  Okay, wait, wait. Do you have a question for us?
[01:53:03.400 --> 01:53:12.400]  Yeah, that's the question. How can I get in touch with honest paralegals or lawyers and about the federal law that this guy was out of my head?
[01:53:12.400 --> 01:53:17.400]  Well, Sylvie, you're kind of asking us to mind read and try to determine who's honest and who's not.
[01:53:17.400 --> 01:53:23.400]  Well, part of the question I can ask, the part about how do I get in touch with honest attorneys.
[01:53:23.400 --> 01:53:29.400]  You're annoyed with me because I have many issues. I'm really trying to help you guys. I really...
[01:53:29.400 --> 01:53:37.400]  Okay, wait, wait. Yeah, but, okay, you're kind of running on. I can help you with the attorney part.
[01:53:37.400 --> 01:53:41.400]  How do you hire a honest attorney?
[01:53:41.400 --> 01:53:43.400]  Don't. There aren't any.
[01:53:43.400 --> 01:53:44.400]  Okay.
[01:53:44.400 --> 01:53:48.400]  Except for Ken's brother, of course.
[01:53:48.400 --> 01:54:01.400]  I wouldn't want Craig upset at me. And when you were mentioning him to start with, I didn't say anything about him crawling along the bottom, sucking up the skull.
[01:54:01.400 --> 01:54:03.400]  I wouldn't say that about Craig.
[01:54:03.400 --> 01:54:06.400]  No. No, I don't even think that.
[01:54:06.400 --> 01:54:12.400]  Okay. Craig is Ken's brother.
[01:54:12.400 --> 01:54:13.400]  He's out of his mind.
[01:54:13.400 --> 01:54:17.400]  I gave him a hard time a couple of times. He took it well.
[01:54:17.400 --> 01:54:21.400]  How do you like that?
[01:54:21.400 --> 01:54:23.400]  Wait, say that again?
[01:54:23.400 --> 01:54:28.400]  No, he's a hard-hitting fellow. Craig?
[01:54:28.400 --> 01:54:30.400]  Kind of, not exactly.
[01:54:30.400 --> 01:54:31.400]  Well, but you're...
[01:54:31.400 --> 01:54:35.400]  But he's... Oh, are you talking about Craig or are you talking about us?
[01:54:35.400 --> 01:54:39.400]  I'm talking about you individuals. Craig has...
[01:54:39.400 --> 01:54:40.400]  Oh, okay.
[01:54:40.400 --> 01:54:46.400]  And he's very competent in his area and I love listening and I need people like you on my team and I want to pay you.
[01:54:46.400 --> 01:54:51.400]  But I'm trying to get through and start a process of connection.
[01:54:51.400 --> 01:54:52.400]  That's all.
[01:54:52.400 --> 01:54:56.400]  We have a professor...
[01:54:56.400 --> 01:54:59.400]  Oops. Okay. It looks like we may have...
[01:54:59.400 --> 01:55:02.400]  Are you there, Sylvia?
[01:55:02.400 --> 01:55:05.400]  Oh, I think we lost Sylvia.
[01:55:05.400 --> 01:55:07.400]  I'm Sylvia.
[01:55:07.400 --> 01:55:12.400]  Okay. Go ahead, kid. Let's go back to where we were.
[01:55:12.400 --> 01:55:19.400]  Well, you know, just with regards to the call, the first thing I would say is anybody that hears about legislation, you can always look it up.
[01:55:19.400 --> 01:55:24.400]  It's a federal law. You can always go to the Thomas page and look it up.
[01:55:24.400 --> 01:55:31.400]  And a lot of times the news will report that a law has been passed by Congress, but that might just be the House of Representatives.
[01:55:31.400 --> 01:55:37.400]  It still has to be passed by the Senate. It has to be the same version in the Senate that it has to be signed by the President.
[01:55:37.400 --> 01:55:43.400]  And only then is it actually a new law. And then there's usually a date that it goes into effect.
[01:55:43.400 --> 01:55:49.400]  So the question is, is whatever new law is in existence, you have to go through that process.
[01:55:49.400 --> 01:55:54.400]  There's usually a bill number associated with it. You can usually follow it through that process.
[01:55:54.400 --> 01:55:57.400]  That happens in state legislatures as well.
[01:55:57.400 --> 01:55:58.400]  So that's one area there.
[01:55:58.400 --> 01:56:12.400]  One thing about mortgages, I mean, when the State Attorney General of Texas asked for a moratorium, it was big time news on the standard television news at night with regards to the mortgages.
[01:56:12.400 --> 01:56:21.400]  If something federally was passed like this to give relief to those people that are facing foreclosure, I'm sure that that would have been national news.
[01:56:21.400 --> 01:56:27.400]  So we're not seeing it. I get very little credibility to whether or not it happened.
[01:56:27.400 --> 01:56:43.400]  This sounds like one of these legal reform guys who has read a statute and decided it means something totally different than what it does and then starts jumping up and down and waving his arms.
[01:56:43.400 --> 01:56:49.400]  Oh, come to think of things in the news.
[01:56:49.400 --> 01:56:52.400]  A kid, you may find this interesting.
[01:56:52.400 --> 01:57:03.400]  Some guy in Flower Mound, Texas, he's a real estate agent, moved into a $300,000 house.
[01:57:03.400 --> 01:57:16.400]  It seems that the person who owned it moved out facing foreclosure and the company that was doing the foreclosure went out of business.
[01:57:16.400 --> 01:57:31.400]  So the house was just kind of sitting there, so he moved in under adverse possession because there's nobody around who's making a claim to it.
[01:57:31.400 --> 01:57:40.400]  He's now offered seminars on what he's doing, but I think he's giving people a false impression.
[01:57:40.400 --> 01:57:58.400]  He seems to think he's going to be able to take possession of the house and the implication was in the article that he could go down and for $16 file some document and now he owned the property.
[01:57:58.400 --> 01:58:14.400]  And I read the article and I was thinking, no, you don't have adverse possession. As long as you don't get thrown out, he can hold it, but he has to hold it for seven years before he can claim it under adverse possession.
[01:58:14.400 --> 01:58:30.400]  And if at any time, if someone with a claim comes and orders him out, then he orders, they just say, oh, you can stay there for the moment, it's not adverse possession, but they can order him out anytime within seven years.
[01:58:30.400 --> 01:58:35.400]  Any improvements he's made, he's losing it all.
[01:58:35.400 --> 01:58:48.400]  Okay, this is Randy Kelton, Deborah Steven, Zeddy Craig with Law Radio. We're at the top of the hour and the second hour at our four hour info marathon, the phone lines are open.
[01:58:48.400 --> 01:58:59.400]  For the rest of the show, we'll open them on any subject. Give us a call. 512-646-1984. We'll be right back.
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