ROL_2011-08-01_16k.timecode

[00:00.000 --> 00:04.500]  This news brief brought to you by the International Newsnet.
[00:04.500 --> 00:09.000]  Israeli and Lebanese troops Monday exchanged cross-border fire.
[00:09.000 --> 00:14.500]  The Israeli military said an army unit received fire from over the border in Lebanon near Gadjah,
[00:14.500 --> 00:19.500]  a disputed village which straddles a corner where boundaries between Syria, Israel and Lebanon meet.
[00:19.500 --> 00:26.000]  A Lebanese army official said Israeli soldiers crossed the blue line, the UN-drawn border with Lebanon.
[00:26.000 --> 00:37.000]  The bodies of 25 African migrants trying to reach Italy from Libya were found Monday in the hold of a 50-foot boat carrying 296 people.
[00:37.000 --> 00:44.000]  Hundreds of migrants fleeing unrest and conflict in Libya and the Middle East and famine in the Horn of Africa
[00:44.000 --> 00:49.000]  have died since January in desperate journeys across the Mediterranean.
[00:49.000 --> 00:54.000]  U.S. banks are bulldozing their least valuable repossessed homes.
[00:54.000 --> 01:02.000]  Last month, Bank of America announced it would demolish 104 closed homes in the Cleveland area and give the land to local government authorities.
[01:02.000 --> 01:15.000]  B of A joins Fannie Mae, Wells Fargo and J.P. Morgan Chase, which says since 2008 it is donated or sold at a discount 1,900 houses to city or county officials.
[01:15.000 --> 01:21.000]  Hundreds of Spanish demonstrators are marching from Madrid to Brussels, home of the EU,
[01:21.000 --> 01:26.000]  and a growing protest against austerity policies adopted since the economic crisis.
[01:26.000 --> 01:32.000]  The indignant People's March aims to cover the 1,000 miles to Brussels by October 8th,
[01:32.000 --> 01:36.000]  one week ahead of a global demonstration planned for October 15th.
[01:36.000 --> 01:42.000]  The May 15th movement, which emerged with large demonstrations in the main squares of cities across Spain,
[01:42.000 --> 01:48.000]  is also drawing attention to issues not generally covered by the media, such as home foreclosures.
[01:48.000 --> 01:54.000]  Marchers from other European cities will stop in Paris to support the Occupy Wall Street Initiative,
[01:54.000 --> 01:58.000]  aimed at disrupting the financial grimoire of the U.S.
[02:00.000 --> 02:07.000]  Former British Prime Minister Tony Blair is likely to be heavily criticized by the official UK chill-cut inquiry into the Iraq War.
[02:07.000 --> 02:16.000]  The inquiry's concerns include Blair's failure to keep cabinet ministers fully informed of his plans in the run-up to the invasion in March 2003.
[02:16.000 --> 02:22.000]  They include Blair's failure to make proper preparations for the post-war reconstruction of Iraq,
[02:22.000 --> 02:31.000]  his failure to present intelligence in a proper way, and failing to be open with ministers about understandings Blair reached with George Bush before the invasion.
[02:31.000 --> 02:41.000]  Angus Robertson, the Scottish National Party's leader, said, the tapestry of deceit woven by Tony Blair over the past decade has finally unraveled.
[02:41.000 --> 03:05.000]  Despite his best attempts to fudge the issue, the chill-cut inquiry has recognized the former Prime Minister's central role in leading the UK into the worst foreign policy disaster in recent history.
[03:12.000 --> 03:18.000]  Bad boys, what do you want, what do you want, what do you want to do?
[03:18.000 --> 03:22.000]  We'll share the sunrook for you.
[03:24.000 --> 03:29.000]  Tell me, what do you want to do, what you want to do?
[03:30.000 --> 03:32.000]  Check.
[03:32.000 --> 03:37.000]  Bad boys, bad boys, what you gonna do, what you gonna do when they come for you?
[03:37.000 --> 03:43.000]  Bad boys, bad boys, what you gonna do, what you gonna do when they come for you?
[03:43.000 --> 03:48.000]  When you were eight and you had bad dreams, you go to school and learn the golden rule.
[03:48.000 --> 03:51.000]  So why are you acting like a bloody fool?
[03:51.000 --> 03:54.000]  If you get high, then you must get through.
[03:54.000 --> 03:59.000]  Bad boys, bad boys, what you gonna do, what you gonna do when they come for you?
[03:59.000 --> 04:09.000]  Alright folks, good evening, this is Rule of Law Radio, it is Monday night, August 1st, this year is moving right along in 2011.
[04:09.000 --> 04:13.000]  This is the Monday night traffic show.
[04:13.000 --> 04:17.000]  There is a little bit that I would like to talk about before we get started tonight.
[04:17.000 --> 04:23.000]  But we will be taking your calls as soon as we can get done with that, so please go ahead and start lining up on the call board.
[04:23.000 --> 04:28.000]  The number is 512-646-1984.
[04:28.000 --> 04:36.000]  So if you'll go ahead and get up on the board, then we will be able to start taking your calls as soon as I'm finished, which won't take a lot of time.
[04:36.000 --> 04:51.000]  Now, we had our class yesterday and we were discussing several things along with what I was talking about before, last week during my show and our Friday night show,
[04:51.000 --> 04:57.000]  regarding the eligibility of a city attorney to prosecute in the name of the state.
[04:57.000 --> 05:05.000]  Well, while we were going through the class, I dissected for the whole class Article 5, Section 21.
[05:05.000 --> 05:20.000]  And then I made the distinction about where Article 5, Section 21 says that certain people must do certain things a certain way and then how the statutes are having them do it differently.
[05:20.000 --> 05:33.000]  The problem is the statute can't supersede the Constitution, where the Constitution makes a directive, assigns a duty, or conveys a power or authority.
[05:33.000 --> 05:48.000]  The legislature, unless the Constitution gives them the means of doing so, may not augment, alter, or otherwise change what that procedure is.
[05:48.000 --> 05:58.000]  Nor can they give the power and authority to perform that procedure to someone else that the Constitution did not specifically grant it to.
[05:58.000 --> 06:12.000]  Now, when the Constitution gives them this power, it will say something to the effect of, and other duties or other things or all duties or things,
[06:12.000 --> 06:21.000]  as may be applicable or done by law, meaning whatever the legislature enacts, that's what they do.
[06:21.000 --> 06:31.000]  But, where the Constitution makes a direct statement about what they will do, or what they can have, or what they can be,
[06:31.000 --> 06:41.000]  then anything that follows in line of, and any other things that may be applicable by law,
[06:41.000 --> 06:52.000]  that by law part does not allow the legislature to change or override the you will do this part that preceded it.
[06:52.000 --> 06:59.000]  Everybody follow that. I'll get in here in just a second and show you exactly how this works.
[06:59.000 --> 07:08.000]  But, let me read to you Section 21 of Article 5. I'm just going to go ahead and read it in its entirety, then I'm going to start taking it apart for you.
[07:08.000 --> 07:13.000]  Section 21 is titled, County Attorneys, District Attorneys.
[07:13.000 --> 07:26.000]  A county attorney, for counties in which there is not a resident criminal district attorney, shall be elected by the qualified voters of each county,
[07:26.000 --> 07:35.000]  who shall be commissioned by the governor, and hold his office for the term of four years, period.
[07:35.000 --> 07:46.000]  In case of vacancy, the commissioner's court of the county shall have the power to appoint a county attorney until the next general election, period.
[07:46.000 --> 07:58.000]  The county attorneys shall represent the state in all cases in the district and inferior courts in their respective counties, semicolon.
[07:58.000 --> 08:06.000]  But, if any county shall be included in a district in which there shall be a district attorney, comma,
[08:06.000 --> 08:16.000]  the respective duties of district attorneys and county attorneys shall in such counties be regulated by the legislature, period.
[08:16.000 --> 08:32.000]  The legislature may provide for the election of district attorneys in such districts, comma, as may be deemed necessary, comma, and make provision for the compensation of district attorneys and county attorneys, period.
[08:32.000 --> 08:41.000]  District attorneys shall hold office for a term of four years, comma, and until their successors have qualified.
[08:41.000 --> 08:53.000]  Now, an example of what I was talking about with that by other law or by law was right here in this section where it said the county attorney shall represent the state,
[08:53.000 --> 09:01.000]  but if any county shall be included in a district in which there shall be a district attorney,
[09:01.000 --> 09:10.000]  the respective duties of district attorneys and county attorneys shall in such counties be regulated by the legislature,
[09:10.000 --> 09:21.000]  not defined by the legislature, but regulated by the legislature.
[09:21.000 --> 09:25.000]  Now, here's why this becomes important.
[09:25.000 --> 09:38.000]  In case you missed it, the very first sentence in this section lined out specific duties and jurisdiction to the county attorney.
[09:38.000 --> 09:58.000]  The county attorney is the only attorney for the state that by constitutional mandate can represent the state in any court, any court from the level of district down, okay?
[09:58.000 --> 10:01.000]  He's the only one.
[10:01.000 --> 10:18.000]  And it goes on to say, but if there's a county attorney and a district attorney, then the legislature can regulate the duties that they have by law, okay?
[10:18.000 --> 10:29.000]  That, however, does not remove the ability of the county attorney to practice in the district courts and below, okay?
[10:29.000 --> 10:42.000]  The legislature can say you don't go to the district court because we have a district attorney to do that, so you stay in the county courts and below, okay?
[10:42.000 --> 10:43.000]  They can do that.
[10:43.000 --> 10:46.000]  The Constitution allowed them to do that.
[10:46.000 --> 10:48.000]  They regulate the duty.
[10:48.000 --> 10:55.000]  The duty's been created, but this is where it gets interesting.
[10:55.000 --> 11:02.000]  Now we're going to go to one of our other most favored sections of Article 5, which is Section 17.
[11:02.000 --> 11:12.000]  And as we all know, Section 17 deals with terms of court, prosecutions, and juries.
[11:12.000 --> 11:21.000]  Article 5, Section 17, Texas Constitution, terms of county court, prosecutions, juries.
[11:21.000 --> 11:27.000]  And it reads, the county court shall hold terms as provided by law, period.
[11:27.000 --> 11:29.000]  Now I've looked this up.
[11:29.000 --> 11:39.000]  The terms as provided by law are the first Mondays of January, March, July, and August.
[11:39.000 --> 11:48.000]  And the Constitution says that those terms of court may last three weeks.
[11:48.000 --> 12:02.000]  Get that? Three weeks out of January, or three weeks from the first Monday in January, and the same thing applies to March, July, and August.
[12:02.000 --> 12:04.000]  Three weeks.
[12:04.000 --> 12:09.000]  As far as I know, these courts are operating full time.
[12:09.000 --> 12:12.000]  So where's that coming from?
[12:12.000 --> 12:14.000]  How's that working?
[12:14.000 --> 12:19.000]  But the provision for that, again, is in Article 5 of the Texas Constitution.
[12:19.000 --> 12:22.000]  Now let's go further into Section 17.
[12:22.000 --> 12:25.000]  Prosecutions may be commenced.
[12:25.000 --> 12:28.000]  Look up the legal definition of the word commenced.
[12:28.000 --> 12:33.000]  It means began to start the beginning.
[12:33.000 --> 12:42.000]  And as I stated before, that simply means the first step in a process.
[12:42.000 --> 12:58.000]  Prosecutions may be commenced in said court, meaning the county court, by information filed by the county attorney, or by affidavit, as may be provided by law.
[12:58.000 --> 13:06.000]  Now there is a comma after county attorney, and there is a comma after affidavit.
[13:06.000 --> 13:14.000]  So it's county attorney, comma, or by affidavit, comma, as may be provided by law.
[13:14.000 --> 13:23.000]  But here it says for a certainty that a prosecution in the county court can only commence with an information or an affidavit.
[13:23.000 --> 13:26.000]  It doesn't commence with an indictment.
[13:26.000 --> 13:28.000]  Here's why.
[13:28.000 --> 13:45.000]  When you go through this, you look at the statutes, and 21.22 tells us that an information cannot be filed if there is not a verified affidavit attached to it.
[13:45.000 --> 13:49.000]  In other words, a signed and verified criminal complaint.
[13:49.000 --> 13:58.000]  That's a proper affidavit to file in accordance with the information.
[13:58.000 --> 14:00.000]  But get this.
[14:00.000 --> 14:10.000]  This specifically says that the county attorney must file that information in the county court.
[14:10.000 --> 14:19.000]  He can't file it directly with the grand jury, he must file it in the county court.
[14:19.000 --> 14:33.000]  Any complaint made by anyone else, which is the or by affidavit portion, must also be done in the county court.
[14:33.000 --> 14:40.000]  That is where the complaint or the information has to be submitted.
[14:40.000 --> 14:51.000]  But the statutes try to say that an information or indictment has to be filed in the court having jurisdiction of the cause.
[14:51.000 --> 14:54.000]  Not true.
[14:54.000 --> 14:56.000]  And here's why.
[14:56.000 --> 15:25.000]  This section goes on to read, grand juries impaneled in the district courts shall inquire into misdemeanors, comma, and all indictments therefore returned into the district courts shall forthwith be certified to the county courts or other inferior courts, comma, having jurisdiction to try them for trial.
[15:25.000 --> 15:32.000]  So the indictment must come down to the district court first.
[15:32.000 --> 15:41.000]  And the district court shall then part it out to whoever has jurisdiction of the case.
[15:41.000 --> 15:51.000]  But notice that it says that the grand jury shall look into mister or inquire into misdemeanor cases.
[15:51.000 --> 15:57.000]  It draws no distinction as to the type of misdemeanor.
[15:57.000 --> 16:05.000]  Finally, class B, class C, class A doesn't distinguish any difference.
[16:05.000 --> 16:10.000]  It simply states the grand jury shall inquire into misdemeanors.
[16:10.000 --> 16:18.000]  Inquire means investigate, look into, seek information about, take your pick.
[16:18.000 --> 16:28.000]  But they have to look into it and then either true bill or no bill it to the district court.
[16:28.000 --> 16:34.000]  Who if it's a true bill shall take the indictment and hand it down to the other courts.
[16:34.000 --> 16:36.000]  All right, folks, we're going to take a break.
[16:36.000 --> 16:38.000]  I'll wrap this up on the other side.
[16:38.000 --> 16:44.000]  This is rule of law radio 5126461984 is the call in number.
[16:44.000 --> 16:50.000]  So give us a call, get in line and we'll start dealing with you on the other side after I finish up this information.
[16:50.000 --> 17:00.000]  We'll be right back on the other side of this break.
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[19:27.000 --> 19:46.000]  Alright folks, we are back. This is ruleoflawradio. Paul, Gary, we see you on the board there.
[19:46.000 --> 19:49.000]  Please hang on for just a few more minutes and I'll get to you.
[19:49.000 --> 19:56.000]  I want to go ahead and finish this up and let people see exactly what's being done to us in these courts.
[19:56.000 --> 20:07.000]  Okay, now the grand jury has to hand the indictment down to the district court who shall disseminate it to whatever court has jurisdiction to try the offense.
[20:07.000 --> 20:12.000]  But again, notice that it must commence in the county court.
[20:12.000 --> 20:34.000]  Now, I'm not understanding how that occurs, but it would appear that the county court's responsibility is to take that affidavit or that information with the attached affidavit and the county court is responsible for putting it in the hands of the grand jury.
[20:34.000 --> 20:45.000]  How else do they get it? Because right here it shows that these prosecutions commence in the county court.
[20:45.000 --> 20:57.000]  Okay, and it doesn't state anywhere else that I've been able to find so far that a prosecution can commence anywhere else.
[20:57.000 --> 21:07.000]  It simply reads prosecutions right here in section 17. Now, I could be wrong. I haven't got to read all of Article 5 verbatim like I would need to and want to.
[21:07.000 --> 21:13.000]  But at the moment I have found it and I've been looking for it today.
[21:13.000 --> 21:22.000]  But if the county court is where it's supposed to begin, then how are they commencing them in these other courts?
[21:22.000 --> 21:30.000]  They file a complaint in the municipal court and the proceedings commence, but that's not possible for two reasons.
[21:30.000 --> 21:34.000]  One, the Constitution says it has to start in the county court.
[21:34.000 --> 21:43.000]  And two, an attorney for the state did not file that information and complaint with the court.
[21:43.000 --> 21:48.000]  A frickin' city attorney did. And he is not an attorney for the state.
[21:48.000 --> 21:55.000]  Okay, just simply isn't. If you don't believe that, read Article 5, Section 21.
[21:55.000 --> 22:03.000]  Article 5, Section 21 of the Texas Constitution. Okay, where it says, let's see.
[22:03.000 --> 22:08.000]  The county attorney and district attorney shall be elected by the qualified voters.
[22:08.000 --> 22:11.000]  Okay, hold his office for four years.
[22:11.000 --> 22:23.000]  The county attorneys shall represent the state in all cases in the district and inferior courts in their respective counties.
[22:23.000 --> 22:29.000]  Is a justice court inferior to a district court? Yes, it is.
[22:29.000 --> 22:35.000]  Is a municipal court inferior to a district court? Yes, it is.
[22:35.000 --> 22:44.000]  We already know the county attorney is authorized to prosecute in the name of the state in every court below the level of district.
[22:44.000 --> 22:50.000]  Now here, it just simply spelled it out. They shall represent the state.
[22:50.000 --> 22:59.000]  But if there's a district attorney, then who represents the state and what court can be dictated by the legislature?
[22:59.000 --> 23:07.000]  But they can't grant the power to represent the state to anyone but those the Constitution allowed to have it.
[23:07.000 --> 23:16.000]  And a city attorney isn't on the list. Just isn't there.
[23:16.000 --> 23:24.000]  So if we go back up to Section 17 and we continue on.
[23:24.000 --> 23:35.000]  Okay, now, let's see, grand juries in panel, the district court shall forthwith be certified to the county courts or other inferior courts,
[23:35.000 --> 23:39.000]  comma, having jurisdiction to try them for trials, semicolon.
[23:39.000 --> 23:46.000]  And is such indictment be quashed in the county, comma, or other inferior court?
[23:46.000 --> 23:54.000]  Again, what is inferior to the courts of the county?
[23:54.000 --> 23:59.000]  What's inferior? Justice and municipal courts.
[23:59.000 --> 24:08.000]  The person charged, comma, shall not be discharged if there is probable cause of guilt.
[24:08.000 --> 24:23.000]  So here the Constitution is saying, even if there's an indictment and the indictment itself gets quashed, they can still make you answer to the information or affidavit.
[24:23.000 --> 24:39.000]  Okay, let's see, comma, after guilt, but may be held by such court or magistrate to answer an information or affidavit.
[24:39.000 --> 24:50.000]  What it says, in these cases, even if the indictment is quashed, you still have to be held accountable to the information or affidavit.
[24:50.000 --> 24:56.000]  But notice that the information or affidavit do not stand alone.
[24:56.000 --> 25:05.000]  They had to be left over after an indictment was quashed.
[25:05.000 --> 25:08.000]  All right, period after affidavit.
[25:08.000 --> 25:14.000]  A jury in the county shall consist of six persons, but we're not worried at this point about jury.
[25:14.000 --> 25:16.000]  So let's look at what we've got.
[25:16.000 --> 25:29.000]  According to the Texas Constitution, Article 5, Section 17, the county court, in its terms of court, is the beginning point for prosecutions in the name of the state.
[25:29.000 --> 25:38.000]  Or at least that's the way it appears at the moment, unless I find some contravening information elsewhere in the Texas Constitution under this article.
[25:38.000 --> 25:45.000]  Now, that information must be filed by the county attorney.
[25:45.000 --> 25:57.000]  This actually seems to make sense when you read Article 2.05 of the Code of Criminal Procedure where it states that in all criminal prosecutions,
[25:57.000 --> 26:12.000]  an information must be filed providing in a county not having a county attorney, then the prosecution can be commenced on complaint alone.
[26:12.000 --> 26:26.000]  Now, that would actually jive with this article in that, in Section 21 and 17, in that they require you to have it submitted by the county attorney.
[26:26.000 --> 26:34.000]  But if he can't submit it, then where does it go? Who can do it?
[26:34.000 --> 26:42.000]  Well, that would mean that the district attorney, according to Constitution, isn't authorized to sign an information.
[26:42.000 --> 26:49.000]  Even though the statute says he can, the Constitution apparently didn't give him that authority.
[26:49.000 --> 26:53.000]  It left it to the county attorney.
[26:53.000 --> 27:05.000]  On top of that, once this complaint is filed, the prosecution commences, but it's not for the purpose of carrying it to trial.
[27:05.000 --> 27:12.000]  In any court, a complaint is required to commence any action, whether it be civil or criminal.
[27:12.000 --> 27:19.000]  Until there is a signed and sworn complaint, there's no issue at all.
[27:19.000 --> 27:30.000]  And until there's an actual issue, there's no way to create a charging instrument, which in this case is the indictment or information.
[27:30.000 --> 27:45.000]  Now, we know that an information is not 100% necessary in order to get an indictment because Section 17 says that it can be commenced in the county court simply by the signed affidavit.
[27:45.000 --> 27:52.000]  If that affidavit is then taken from the county court to the grand jury, they can indict based on that alone.
[27:52.000 --> 27:59.000]  And if their indictment gets squashed, then that affidavit must still be answered to according to this same article.
[27:59.000 --> 28:04.000]  Same thing would apply with the affidavit attached to an information.
[28:04.000 --> 28:14.000]  Now, this gets a little more in-depth, and I dissect this in much greater detail in the motion challenging the authority of the city attorney.
[28:14.000 --> 28:22.000]  But what this all boils down to is the office or the official capacity.
[28:22.000 --> 28:23.000]  Let me put it that way.
[28:23.000 --> 28:38.000]  The constitutionally affixed official capacity of attorney for the state is constitutionally placed in three offices and three offices only.
[28:38.000 --> 28:44.000]  County attorney, district attorney, and attorney general.
[28:44.000 --> 28:59.000]  The attorney general's authority to represent the state according to Article 4, Section 22, is in the state supreme court.
[28:59.000 --> 29:00.000]  That's it.
[29:00.000 --> 29:04.000]  That's where he can represent the state.
[29:04.000 --> 29:16.000]  In other cases, there's no authority in the constitution except when it comes to yanking the charters away from corporations for violations of law.
[29:16.000 --> 29:24.000]  But that means that his prosecutorial authority on behalf of the state is strictly civil.
[29:24.000 --> 29:26.000]  It's not criminal.
[29:26.000 --> 29:38.000]  So where does the attorney general's office get any authority to come after somebody for child support in a criminal fashion?
[29:38.000 --> 29:40.000]  Where did he get it?
[29:40.000 --> 29:41.000]  All right, folks.
[29:41.000 --> 29:42.000]  We'll wrap that up there.
[29:42.000 --> 29:43.000]  We're going to go to break.
[29:43.000 --> 29:46.000]  512-646-1984 is the call-in number.
[29:46.000 --> 29:48.000]  We'll be taking your calls on the other side.
[29:48.000 --> 29:50.000]  This is rule of law radio.
[29:50.000 --> 30:00.000]  We'll be right back after the break.
[30:00.000 --> 30:06.000]  The rule of law radio network is proud to present a due process of law seminar hosted by our own Eddie Craig.
[30:06.000 --> 30:19.000]  Eddie is a former Nakadocha sheriff's deputy and for the past 21 years, he's been studying the due process of law and now offers his knowledge to you at a seminar every Sunday from 2 o'clock to 5 o'clock at Brave New Books, located at 1904 Guadalupe Street.
[30:19.000 --> 30:29.000]  Admission is $20, so please make plans to come by and sit with Eddie and learn for yourself what the true intent of law really is.
[30:29.000 --> 30:32.000]  Hey soccer fans, what's your home team?
[30:32.000 --> 30:39.000]  In Italy, they care so much, they're forcing people to get electronic ID cards to show which team they support.
[30:39.000 --> 30:43.000]  I'm Dr. Catherine Albright and I'll be back with the bizarre details.
[30:43.000 --> 30:50.000]  Your search engine is watching you, recording all your searches and creating a massive database of your personal information.
[30:50.000 --> 30:51.000]  That's creepy.
[30:51.000 --> 30:53.000]  But it doesn't have to be that way.
[30:53.000 --> 30:56.000]  StartPage.com is the world's most private search engine.
[30:56.000 --> 31:03.000]  StartPage doesn't store your IP address, make a record of your searches or use tracking cookies and their third party certified.
[31:03.000 --> 31:07.000]  If you don't like Big Brother spying on you, start over with StartPage.
[31:07.000 --> 31:10.000]  Great search results and total privacy.
[31:10.000 --> 31:14.000]  StartPage.com, the world's most private search engine.
[31:14.000 --> 31:20.000]  When the soccer fans cry because of government spies, that's appalling.
[31:20.000 --> 31:24.000]  In Italy, soccer fans need government permission to attend a game.
[31:24.000 --> 31:33.000]  The government's requiring electronic ID cards for season ticket holders to control what games they attend and where they can sit based on which team they support.
[31:33.000 --> 31:38.000]  Getting a card requires a government ID number, a photo, and a ton of paperwork.
[31:38.000 --> 31:44.000]  The fans are closely monitored by security agents who block stadium entrances and scan everyone's ID.
[31:44.000 --> 31:49.000]  Anyone caught misbehaving is banned from attending soccer games for five years.
[31:49.000 --> 31:51.000]  Mussolini would have loved it.
[31:51.000 --> 31:56.000]  I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com.
[31:56.000 --> 32:13.000]  Yeah, I got the warrant and I'm going to solve them to the head of government then prosecute them.
[32:13.000 --> 32:38.000]  Okay.
[32:38.000 --> 32:45.000]  All right, folks, we are back. This is rule of law radio. Eddie Craig, Deborah Stevens, Randy Kelton.
[32:45.000 --> 32:50.000]  All right, it is Monday night traffic night. We have Paul, Gary, and Celia on the board.
[32:50.000 --> 32:54.000]  We're going to go ahead and start with Paul. Paul, what can we do for you?
[32:54.000 --> 33:01.000]  Hi there. I just have to ask you about a routine traffic ticket.
[33:01.000 --> 33:10.000]  It's a speeding ticket, unfortunately not in Texas. It is from Oregon and I guess they're a little bit different out there.
[33:10.000 --> 33:13.000]  Well, their speed limits are definitely a lot different.
[33:13.000 --> 33:26.000]  I was unaware that it was a 55 mile an hour speed limit and I was going 78 miles an hour and the officer was nice enough to lower it to 75 miles per hour.
[33:26.000 --> 33:39.000]  But the odd thing is that he didn't have me sign anything, you know, just handed me a citation and so I've got four options on the back.
[33:39.000 --> 33:46.000]  Of course, one is personally a peer and well, I'm looking at it.
[33:46.000 --> 33:51.000]  The other three, I think only two of these options I could actually take.
[33:51.000 --> 34:00.000]  You know, two of them involved, you know, if you were in town. So I'm just wondering as an out of state resident, what would my first option?
[34:00.000 --> 34:04.000]  When you say out of state resident, are you actually from Oregon?
[34:04.000 --> 34:07.000]  No, I live in Texas.
[34:07.000 --> 34:13.000]  Okay. Well, what are the four options they're giving you there?
[34:13.000 --> 34:30.000]  Okay, option one says personally a peer. That's off to the court appearance indicated to enter a plea at or before that time to orally request that you have a trial right.
[34:30.000 --> 34:39.000]  So yeah, obviously I can't do that one. The second one is enter a plea of guilty or no contest by a written appearance.
[34:39.000 --> 34:46.000]  So to choose this option, you just do it. And at that point, there's a there's a line for me to sign on the ticket and send it in.
[34:46.000 --> 34:48.000]  Yeah, with your money.
[34:48.000 --> 34:50.000]  Yeah.
[34:50.000 --> 34:53.000]  So and the fourth?
[34:53.000 --> 35:08.000]  The fourth option is contact the court clerk for the time this summons requires you to appear and determine if you qualify for a trial by affidavit under Oregon 153.080.
[35:08.000 --> 35:13.000]  And have you looked to see what allowances that makes?
[35:13.000 --> 35:14.000]  No.
[35:14.000 --> 35:19.000]  You need to look that up and see what trial by affidavit actually pertains to.
[35:19.000 --> 35:20.000]  Okay.
[35:20.000 --> 35:30.000]  But what you'll notice on these types of tickets is this, if you're willing to just give them your money, then you're not required to appear in person.
[35:30.000 --> 35:38.000]  But if you're going to tell them you can't have my money, then you're required to appear to tell them that.
[35:38.000 --> 35:40.000]  I see.
[35:40.000 --> 35:45.000]  This is the same in any state of the union. That's exactly what they do.
[35:45.000 --> 35:48.000]  If you if you want to fight us, you have to come do it in person.
[35:48.000 --> 35:54.000]  But if you were to just pay us, we don't care if you show up or not, if you just give us the money.
[35:54.000 --> 35:55.000]  Sure.
[35:55.000 --> 36:02.000]  All right. So first thing you need to do is find out exactly what the statutes are in Oregon regarding the alleged offense.
[36:02.000 --> 36:11.000]  Does the ticket tell you what you're being charged under as far as what statute ordinance or whatever else?
[36:11.000 --> 36:14.000]  No, it's very difficult to read.
[36:14.000 --> 36:26.000]  What I've got is a copy of the original ticket, but it tells me which Oregon state statute that I violated.
[36:26.000 --> 36:29.000]  Well, that's what I'm asking you if it tells you that.
[36:29.000 --> 36:40.000]  Yeah. I can barely see it, unfortunately. I mean, I'll have to call them to get them to clarify because it's so badly imprinted on this copy that you tore off.
[36:40.000 --> 36:44.000]  I mean, he has the original and this is a copy of what he wrote.
[36:44.000 --> 36:48.000]  Well, that's the first thing you need to do is to understand the charge.
[36:48.000 --> 36:49.000]  Okay.
[36:49.000 --> 36:52.000]  And you're only going to do that by reading it.
[36:52.000 --> 37:02.000]  So get clarification as to exactly what the alleged violation statute is and then go online and read it.
[37:02.000 --> 37:05.000]  I'm pretty sure Oregon statutes will be posted online.
[37:05.000 --> 37:27.000]  However, pay close attention to what it says on that website because, for instance, Arkansas's statutory website says very clearly that none of the information on that website is to be deemed to be true and correct.
[37:27.000 --> 37:35.000]  And reliance on any information provided by that website, it will not be usable as a defense for anything you do.
[37:35.000 --> 37:47.000]  In other words, we posted the statute, but we take no responsibility for anything that may have changed and you weren't told about.
[37:47.000 --> 37:52.000]  So follow this at your own peril.
[37:52.000 --> 37:56.000]  So make sure there's no disclaimer like that on the Oregon website.
[37:56.000 --> 37:57.000]  Okay.
[37:57.000 --> 38:08.000]  And, yeah, beyond that, it's, you know, the part that I can make that it just says 75 and 55 and then baseline $190.
[38:08.000 --> 38:13.000]  So I guess you're saying that they expect me to send in 190.
[38:13.000 --> 38:16.000]  No, that's the baseline.
[38:16.000 --> 38:23.000]  You might want to look and see if there's a little thing on the back that says an X number of dollars for every mile per hour over the speed limit.
[38:23.000 --> 38:29.000]  Ah, okay. Yeah, I haven't seen that yet.
[38:29.000 --> 38:38.000]  But be that as it may, the first thing you need to do is get informed, get in touch with the clerk of the court, find out what the statutes are,
[38:38.000 --> 38:47.000]  find out what the web address is for looking up the statutes online for Oregon, and do some reading.
[38:47.000 --> 38:51.000]  And hopefully you'll do that before Thursday or Friday and call us back.
[38:51.000 --> 38:54.000]  All right, then. Thanks a lot. We'll do.
[38:54.000 --> 38:56.000]  Yes, sir. Thank you for calling in.
[38:56.000 --> 38:58.000]  All right. Bye-bye.
[38:58.000 --> 39:03.000]  All right, now we're going to go to Gary in Texas. Evening, Gary, what can we do for you?
[39:03.000 --> 39:06.000]  Hey Eddie, how you doing? A little bit of help.
[39:06.000 --> 39:17.000]  In middle of June, I argued a motion which is the exact subject that you're talking about Friday and tonight, and that's for the attorney to show authority.
[39:17.000 --> 39:22.000]  That's the municipal court.
[39:22.000 --> 39:34.000]  Then a day or two before I argued that motion, I filed a judicial conduct complaint against the municipal court judge.
[39:34.000 --> 39:41.000]  And first week of July, that judge ruled against the motion.
[39:41.000 --> 39:46.000]  Did you file a finding of fact and conclusion of law demanding the explanation for why?
[39:46.000 --> 39:51.000]  Yes, I filed it. It hasn't been heard, but I couldn't find...
[39:51.000 --> 39:55.000]  There isn't a hearing on a finding of fact and conclusion of law.
[39:55.000 --> 40:00.000]  The judge has to give a written response for their determination. That's what it's for.
[40:00.000 --> 40:02.000]  So it's not a motion?
[40:02.000 --> 40:07.000]  It is a motion, but it doesn't require a hearing.
[40:07.000 --> 40:23.000]  Because if you're not requesting any argument by any parties, you're wanting the judge to state based upon what actual law and what case law are you basing your ruling on?
[40:23.000 --> 40:27.000]  Okay, all right, so it's something if you file it, they've got to do it.
[40:27.000 --> 40:32.000]  According to the code it is.
[40:32.000 --> 40:36.000]  Okay, do you happen to know where that is because I couldn't find it?
[40:36.000 --> 40:41.000]  You just have to do a search for findings or finding of facts.
[40:41.000 --> 40:45.000]  Okay, all right. Okay, well that's good to know.
[40:45.000 --> 40:57.000]  One of the things, and you and I talked privately about this earlier, I have a judge which is disqualified now because of the judicial conduct complaint.
[40:57.000 --> 41:02.000]  And I guarantee you when I go to the next hearing that that judge is going to be sitting on the bench.
[41:02.000 --> 41:04.000]  Did you file a motion to disqualify?
[41:04.000 --> 41:06.000]  No, I did not.
[41:06.000 --> 41:08.000]  Do that.
[41:08.000 --> 41:21.000]  The fact that you filed that judicial conduct complaint does not require the judge to disqualify themselves unless you demand and they be disqualified.
[41:21.000 --> 41:23.000]  Okay.
[41:23.000 --> 41:30.000]  The traffic material does have a motion to disqualify and an affidavit in support.
[41:30.000 --> 41:37.000]  Now, both that motion and affidavit state has nothing to do with what you're dealing with in the motions.
[41:37.000 --> 41:43.000]  It has to do specifically with the fact that the judge violated law immediately out the gate.
[41:43.000 --> 41:45.000]  They never did a 15-17 hearing.
[41:45.000 --> 41:49.000]  They never did anything 15-17 required them to do.
[41:49.000 --> 41:55.000]  They never gave proper notice to the defendant, so on and so forth.
[41:55.000 --> 42:07.000]  Okay, now I was under the impression that the mere fact that you file a judicial conduct complaint that makes the judge biased and disqualifies...
[42:07.000 --> 42:10.000]  It introduces a conflict of interest, yes.
[42:10.000 --> 42:16.000]  But until you make an issue of that conflict of interest, it doesn't do anything.
[42:16.000 --> 42:19.000]  Okay, and just help me with clarification.
[42:19.000 --> 42:28.000]  Does that conflict of interest need to be brought up in the court or the written...
[42:28.000 --> 42:32.000]  It is brought up in the court the moment you file the motion to disqualify.
[42:32.000 --> 42:33.000]  Okay, all right.
[42:33.000 --> 42:35.000]  You file it in this court.
[42:35.000 --> 42:44.000]  This court is then required to send it to the head administrative judge who will then rule on it.
[42:44.000 --> 42:51.000]  I see, okay, I see now where I was misunderstanding this, that clarifies something for me.
[42:51.000 --> 42:52.000]  Good.
[42:52.000 --> 43:09.000]  Eddie, is there a time period that is generally the case once the disqualified judge files the motion with the judicial conduct committee?
[43:09.000 --> 43:12.000]  It's not filed with the conduct committee.
[43:12.000 --> 43:21.000]  If you file it in the court, the judge is required to send it to the head administrative judge for the district.
[43:21.000 --> 43:25.000]  And that judge must rule on it.
[43:25.000 --> 43:27.000]  Okay.
[43:27.000 --> 43:34.000]  The judicial conduct committee only deals with the judicial conduct complaint, not the motion to disqualify.
[43:34.000 --> 43:35.000]  Gotcha.
[43:35.000 --> 43:39.000]  I'll probably send you an email with another question.
[43:39.000 --> 43:40.000]  Okay, that's fine.
[43:40.000 --> 43:42.000]  I really do appreciate it, Eddie.
[43:42.000 --> 43:43.000]  Thanks a lot.
[43:43.000 --> 43:44.000]  Y'all have a great show.
[43:44.000 --> 43:45.000]  Thanks, Gary.
[43:45.000 --> 43:46.000]  Thanks for calling in.
[43:46.000 --> 43:47.000]  I'll see you.
[43:47.000 --> 43:48.000]  We're about to go to break.
[43:48.000 --> 43:49.000]  I'll pick you up on the other side.
[43:49.000 --> 43:53.000]  This is Rule of Law Radio 512-646-1984 is the call-in number.
[43:53.000 --> 43:56.000]  This is Eddie Craig, Ever Stevens, Randy Kelton.
[43:56.000 --> 43:57.000]  Rule of Law Radio.
[43:57.000 --> 43:58.000]  We'll be right back.
[43:58.000 --> 44:03.000]  Are you the plaintiff or defendant in a lawsuit?
[44:03.000 --> 44:14.000]  Win your case without an attorney with Jurisdictionary, the affordable, easy-to-understand four-CD course that will show you how in 24 hours, step-by-step.
[44:14.000 --> 44:18.000]  If you have a lawyer, know what your lawyer should be doing.
[44:18.000 --> 44:22.000]  If you don't have a lawyer, know what you should do for yourself.
[44:22.000 --> 44:27.000]  Thousands have won with our step-by-step course, and now you can, too.
[44:27.000 --> 44:33.000]  Jurisdictionary was created by a licensed attorney with 22 years of case-winning experience.
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[44:51.000 --> 45:01.000]  Please visit ruleoflawradio.com and click on the banner or call toll-free 866-LAW-EZ.
[45:01.000 --> 45:04.000]  Hey, did you hear? Ron Paul has announced he's running for president in 2012.
[45:04.000 --> 45:05.000]  Who's Ron Paul?
[45:05.000 --> 45:11.000]  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.
[45:11.000 --> 45:14.000]  Oh, but I love to make those little smiley faces with punctuation marks.
[45:14.000 --> 45:15.000]  Of course you do.
[45:15.000 --> 45:21.000]  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.
[45:21.000 --> 45:24.000]  They have all of his books and many of the books he talks about.
[45:24.000 --> 45:29.000]  They also have t-shirts, bumper stickers, and yard signs so that you can show your support for him during the campaign.
[45:29.000 --> 45:32.000]  Brave New Books? Do they have Harry Potter and Twilight?
[45:32.000 --> 45:38.000]  No, but they do carry a large selection of survival and preparedness books to protect your family in time of emergency.
[45:38.000 --> 45:40.000]  Ugh, this sounds like that show in the Discovery Channel.
[45:40.000 --> 45:48.000]  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.
[45:48.000 --> 45:49.000]  What are you doing?
[45:49.000 --> 45:54.000]  I'm tweeting all my friends that they should go to BraveNewBookstore.com or down to the bookstore in person. Where's it located?
[45:54.000 --> 45:56.000]  1904 Guadalupe Street.
[45:56.000 --> 45:59.000]  There, it's sent. I even made a smiley face.
[45:59.000 --> 46:20.000]  Great.
[46:20.000 --> 46:23.000]  Alright folks, we are back. Rule of Law Radio.
[46:23.000 --> 46:32.000]  512-646-1984 is the call-in number. We have Celia and Becky on the board. Celia in California, what can we do for you?
[46:32.000 --> 46:34.000]  Hi, Abby, how are you?
[46:34.000 --> 46:36.000]  I'm good. How are you?
[46:36.000 --> 46:49.000]  Good. I was the one who called one Friday ago and asked Randy regarding that police officer who yelled at me and he told me to file a criminal complaint.
[46:49.000 --> 46:50.000]  Yes.
[46:50.000 --> 46:57.000]  And he told me to call back so that before my hearing date, so you can give him a tip.
[46:57.000 --> 47:01.000]  My hearing date is on August 11.
[47:01.000 --> 47:11.000]  And the violation is driving with a cell phone, holding a cell phone. I was not holding my cell phone.
[47:11.000 --> 47:12.000]  Right.
[47:12.000 --> 47:13.000]  Okay.
[47:13.000 --> 47:17.000]  But he wouldn't listen to me. He just kept yelling at me.
[47:17.000 --> 47:24.000]  Did you ever let him see or hold your cell phone?
[47:24.000 --> 47:26.000]  I'm sorry. Say that again.
[47:26.000 --> 47:30.000]  Did you ever let the officer see or hold your cell phone?
[47:30.000 --> 47:44.000]  He grabbed the cell phone from my hand. He was looking for my cell phone and I picked up the cell phone on the console on my left-hand side and I said, is this the cell phone you're looking for?
[47:44.000 --> 47:47.000]  Don't do that.
[47:47.000 --> 47:48.000]  What?
[47:48.000 --> 47:50.000]  Don't do that.
[47:50.000 --> 47:52.000]  Oh.
[47:52.000 --> 48:00.000]  Here's the strategy that would have worked had you not given him the phone so he could then say he had identified it.
[48:00.000 --> 48:16.000]  If the officer is fabricating the charge, then he never saw the phone. He cannot identify it. He cannot describe it. He doesn't know the color. He doesn't know the shape, the size, the make, the model. He doesn't know anything.
[48:16.000 --> 48:27.000]  It's a false charge. The moment you give him something he can look at and use to fabricate into his story, he's going to use it against you.
[48:27.000 --> 48:32.000]  Stop giving these guys evidence to use against you.
[48:32.000 --> 48:35.000]  So you can refuse to give him the cell phone?
[48:35.000 --> 48:37.000]  Did he ask you to give it to him?
[48:37.000 --> 48:39.000]  Yeah.
[48:39.000 --> 48:48.000]  Tell him and you don't have to give him your phone. He has no right to demand your private property.
[48:48.000 --> 49:01.000]  Yeah, I felt it was rude because I didn't give it to him. I said, is this the phone you're... I said, what phone? This phone? And then he grabbed it from my hand. I wasn't giving it to him.
[49:01.000 --> 49:04.000]  I understand that, but don't do that.
[49:04.000 --> 49:05.000]  Okay.
[49:05.000 --> 49:10.000]  If he didn't see it, then he can't describe it.
[49:10.000 --> 49:11.000]  Okay.
[49:11.000 --> 49:17.000]  And at trial, he's going to look really stupid. Follow?
[49:17.000 --> 49:18.000]  Okay.
[49:18.000 --> 49:23.000]  Now, the problem is, is now we have to overcome that little issue.
[49:23.000 --> 49:25.000]  All right.
[49:25.000 --> 49:28.000]  Okay.
[49:28.000 --> 49:35.000]  First thing is, did he read you your rights before he took the phone?
[49:35.000 --> 49:36.000]  No.
[49:36.000 --> 49:40.000]  Did he serve you with a warrant before he took the phone?
[49:40.000 --> 49:41.000]  No.
[49:41.000 --> 49:48.000]  Then you move with a motion to suppress the evidence.
[49:48.000 --> 49:56.000]  He seized private property as evidence in a criminal investigation without a warrant.
[49:56.000 --> 50:01.000]  Okay.
[50:01.000 --> 50:02.000]  Okay.
[50:02.000 --> 50:05.000]  That's very good.
[50:05.000 --> 50:08.000]  Oh, that's just a matter of law.
[50:08.000 --> 50:09.000]  Okay.
[50:09.000 --> 50:13.000]  The exact same argument I tell people about when an officer walks up to your car and says,
[50:13.000 --> 50:16.000]  give me your license, registration, and proof of insurance.
[50:16.000 --> 50:21.000]  He is wanting you to give him evidence he can use against you.
[50:21.000 --> 50:23.000]  Don't do that.
[50:23.000 --> 50:24.000]  Okay.
[50:24.000 --> 50:29.000]  Well, he asked me for my registration, but because I was...
[50:29.000 --> 50:35.000]  You have to understand when people yell at me, my brain freezes.
[50:35.000 --> 50:39.000]  I can't...I'm kind of...
[50:39.000 --> 50:41.000]  Do you have children, Celia?
[50:41.000 --> 50:43.000]  Do you have children?
[50:43.000 --> 50:45.000]  No, I don't.
[50:45.000 --> 50:48.000]  Have you ever watched anybody else's children?
[50:48.000 --> 50:50.000]  Yes.
[50:50.000 --> 50:53.000]  How do you react if they yell at you?
[50:53.000 --> 51:00.000]  The kids that I watch are like little babies, not the kids that are grown up.
[51:00.000 --> 51:01.000]  Okay.
[51:01.000 --> 51:05.000]  So I don't have an experience with...
[51:05.000 --> 51:06.000]  Okay.
[51:06.000 --> 51:07.000]  Well, yeah.
[51:07.000 --> 51:12.000]  Train yourself to think under pressure, okay?
[51:12.000 --> 51:18.000]  Because they'll take advantage of you if you've got your brain turned off when they're dealing with you.
[51:18.000 --> 51:20.000]  And I'm not trying to be insulting.
[51:20.000 --> 51:22.000]  I'm just stating in the straight-up fact.
[51:22.000 --> 51:26.000]  If you have frozen as you stated, you're not thinking.
[51:26.000 --> 51:30.000]  If you're not thinking, then your brain may as well be shut off.
[51:30.000 --> 51:36.000]  And you're just going to reply like an automaton with anything they request you're going to give.
[51:36.000 --> 51:39.000]  That's not a good thing.
[51:39.000 --> 51:40.000]  Now...
[51:40.000 --> 51:41.000]  Okay, I got it.
[51:41.000 --> 51:42.000]  I got it.
[51:42.000 --> 51:46.000]  Okay, now make sure that you do not get on the witness stand.
[51:46.000 --> 51:52.000]  There's no reason for you to get on the stand because the burden of proof is on them, not you.
[51:52.000 --> 51:53.000]  Okay.
[51:53.000 --> 52:00.000]  So what you want to do is you want to make this cop testify for you.
[52:00.000 --> 52:06.000]  That's going to take a little bit of practice and work, especially since you only got 10 days to make it happen.
[52:06.000 --> 52:07.000]  Okay.
[52:07.000 --> 52:08.000]  All right.
[52:08.000 --> 52:13.000]  So why did you stop me?
[52:13.000 --> 52:17.000]  Or why did you stop my car on such and such day?
[52:17.000 --> 52:19.000]  Do not say motor vehicle.
[52:19.000 --> 52:21.000]  Do not say vehicle.
[52:21.000 --> 52:23.000]  Say car or automobile.
[52:23.000 --> 52:27.000]  Why did you stop my car on the day in question?
[52:27.000 --> 52:32.000]  And he's going to say because I saw you talking on a cell phone.
[52:32.000 --> 52:34.000]  Okay.
[52:34.000 --> 52:49.000]  Next question is, can you please tell me what law authorizes you to stop a moving automobile because you see someone on a cell phone?
[52:49.000 --> 52:50.000]  Okay.
[52:50.000 --> 52:53.000]  He may or may not know what law that is.
[52:53.000 --> 52:57.000]  If he can't answer it, he's not going to look too bright.
[52:57.000 --> 52:58.000]  Okay.
[52:58.000 --> 53:14.000]  If he cannot answer it, then you want to know, so you stopped me, but you don't have any way of telling the jury what your authority to stop me was.
[53:14.000 --> 53:24.000]  So you stopped me for all intents and purposes just because you thought I was doing something wrong.
[53:24.000 --> 53:25.000]  Right?
[53:25.000 --> 53:26.000]  Right.
[53:26.000 --> 53:31.000]  But he can't offer any evidence or testimony as to what that was and what it's based on.
[53:31.000 --> 53:37.000]  He's starting to look like a chump to the jury and also make sure that you demand a jury trial.
[53:37.000 --> 53:38.000]  Okay.
[53:38.000 --> 53:39.000]  Okay.
[53:39.000 --> 53:43.000]  So do I do that when I go to court at the time of this?
[53:43.000 --> 53:46.000]  Is this the very first time you're going to court?
[53:46.000 --> 53:47.000]  Yes.
[53:47.000 --> 53:48.000]  Absolutely.
[53:48.000 --> 53:50.000]  But do not enter a plea.
[53:50.000 --> 53:52.000]  They're going to ask you to enter a plea.
[53:52.000 --> 53:54.000]  Tell them I cannot enter a plea.
[53:54.000 --> 53:56.000]  There's nothing to plead to.
[53:56.000 --> 54:08.000]  Now you may need to look and see what the rules are in California, but I'm pretty sure that your court record needs to have a signed and verified criminal complaint in it just like that's required here in Texas.
[54:08.000 --> 54:17.000]  So you need before the day of court, you need to go down and see what's in the court file and you need to get copies of it, whatever it is.
[54:17.000 --> 54:18.000]  Okay.
[54:18.000 --> 54:23.000]  One of those pieces of paper needs to say complaint.
[54:23.000 --> 54:24.000]  Okay.
[54:24.000 --> 54:27.000]  You need to read it carefully.
[54:27.000 --> 54:30.000]  Okay.
[54:30.000 --> 54:37.000]  Because you enter a plea, but you have no idea what you're pleading to because you've never seen the charge.
[54:37.000 --> 54:38.000]  Okay.
[54:38.000 --> 54:43.000]  So they're supposed to send me the charge, right?
[54:43.000 --> 54:47.000]  They're supposed to notify you of anything that's filed in that case.
[54:47.000 --> 54:50.000]  That's called proper notice.
[54:50.000 --> 55:01.000]  Here in the municipal courts, for instance, what they try to do is they try to say, well, we're not required to serving because we put the complaint available to the public in the court record.
[55:01.000 --> 55:09.000]  There's two problems with this. Number one, the idiotic clerk is refusing to allow you to have access to your own record.
[55:09.000 --> 55:15.000]  Number two, the law requires that you be given notice.
[55:15.000 --> 55:17.000]  Notice means you have to tell me.
[55:17.000 --> 55:22.000]  You have to provide me with a means of knowing that complaint exists.
[55:22.000 --> 55:26.000]  The only way you can do that is to notify me in some manner.
[55:26.000 --> 55:30.000]  And if you're going to do that, you need to be giving me a copy of the complaint.
[55:30.000 --> 55:45.000]  That argument exists because the law clearly says that I am entitled to a copy of that complaint no later than the day prior to any proceeding under the prosecution of that complaint.
[55:45.000 --> 55:53.000]  So right there in Texas, we know definitively that you're supposed to be given a copy of the complaint before trial.
[55:53.000 --> 55:59.000]  So if you haven't read any of these little rules in California, now's a good time to start.
[55:59.000 --> 56:04.000]  Okay. Is this going to be under criminal penal code?
[56:04.000 --> 56:10.000]  I don't know. You don't know what you've been charged with. You don't know if it's civil, criminal, or what?
[56:10.000 --> 56:15.000]  Well, it says here, CDC. So this is the California Vehicle Code.
[56:15.000 --> 56:22.000]  If it's, yeah, but is the code civil or criminal in California?
[56:22.000 --> 56:25.000]  Ah, okay.
[56:25.000 --> 56:40.000]  Rick in California, there's a gentleman there out there. Rick, if you are listening, please either call in or email me, eddyddiatruleoflawradio.com, and Celia, will you please email me as well?
[56:40.000 --> 56:48.000]  What I would like to do is hook you two up because this is what Rick does in California. He is the me of California.
[56:48.000 --> 56:51.000]  What I do in Texas, he does there.
[56:51.000 --> 56:58.000]  Um, eddy, if I have to pay bail amount, isn't that criminal?
[56:58.000 --> 57:03.000]  If they arrested you, did he actually arrest you?
[57:03.000 --> 57:05.000]  No.
[57:05.000 --> 57:10.000]  If he didn't arrest you, then how could they charge you a bail?
[57:10.000 --> 57:30.000]  Yeah, it says here, and also, I'm surprised that the amount is $1286, and the code says that the fine is only $20 for the first offense. Where did it come from?
[57:30.000 --> 57:39.000]  Well, isn't that the whole point? That's what you've got to figure out. If you let them cheat you, they will cheat you. No questions asked.
[57:39.000 --> 57:47.000]  Okay, is this traffic courtesy notice from the Hall of Justice?
[57:47.000 --> 57:51.000]  No, that's the Hall of Just Us.
[57:51.000 --> 58:06.000]  Okay, so is that the notice that I'm supposed to get, or this is not proper notice?
[58:06.000 --> 58:13.000]  That's probably not proper notice by any definition of the word, but you'd have to read the California Statute to know for sure.
[58:13.000 --> 58:17.000]  Hang on to see you. I'll pick back up with you on the other side.
[58:17.000 --> 58:22.000]  Rick in California, if you're out there listening, buddy, give us a call so I can hook you up and seal you.
[58:22.000 --> 58:27.000]  This is the rule of law radio, 512-646-1984 is the call-in number.
[58:27.000 --> 58:32.000]  We are going into the top of the hour break. We've got an hour left in the show.
[58:32.000 --> 58:39.000]  So if you're out there listening, you have a question or an issue dealing with traffic or something related, give us a call.
[58:39.000 --> 59:00.000]  This is Eddie Craig, Deborah Stevens, Randy Kelton. We'll be right back on the other side of this break.
[59:00.000 --> 59:04.000]  Would you like to make more definite progress in your walk with God?
[59:04.000 --> 59:11.000]  Bibles for America is offering a free study Bible and a set of free Christian books that can really help.
[59:11.000 --> 59:16.000]  The New Testament recovery version is one of the most comprehensive study Bibles available today.
[59:16.000 --> 59:23.000]  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.
[59:23.000 --> 59:28.000]  The free books are a three-volume set called Basic Elements of the Christian Life.
[59:28.000 --> 59:37.000]  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.
[59:37.000 --> 59:50.000]  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.
[59:50.000 --> 59:59.000]  That's 888-551-0102. Or visit us online at bfa.org.
[59:59.000 --> 01:00:04.000]  This news brief brought to you by the International Newsnet.
[01:00:04.000 --> 01:00:10.000]  Egyptian tanks entered Tahrir Square Monday firing shots in the air on the first day of Ramadan.
[01:00:10.000 --> 01:00:17.000]  Activists have been occupying Tahrir Square since July 8 to denounce the military rule's handling of the transition.
[01:00:17.000 --> 01:00:27.000]  The crackdown comes two days before Osny Mubarak goes on trial for his role in killing protesters during the uprising that drove him from power in February.
[01:00:27.000 --> 01:00:34.000]  Thirty-five thousand Verizon workers across the U.S. will strike if a contract cannot be reached by next Sunday.
[01:00:34.000 --> 01:00:42.000]  Verizon is attempting to strip many of the benefits the communications workers of America Union has won over the years including healthcare and pensions
[01:00:42.000 --> 01:00:48.000]  and to remove protections against outsourcing and hiring of non-union labor.
[01:00:48.000 --> 01:00:53.000]  Israeli settlers Friday set on fire olive trees in the West Bank village of Burin.
[01:00:53.000 --> 01:01:01.000]  Palestinian Authority Affairs official Ghassan Douglas said Israeli soldiers shot at fire trucks attempting to reach the scene.
[01:01:01.000 --> 01:01:08.000]  Clashes between Israelis and the villagers erupted and Israeli soldiers fired rubber-coated steel bullets and tear gas.
[01:01:08.000 --> 01:01:17.000]  Israeli settlers have targeted Palestinian olive trees many times. Olive oil is regarded as the backbone of the Palestinian economy.
[01:01:17.000 --> 01:01:28.000]  Syrian forces killed nearly 150 people this past weekend when the army stormed the Flashpoint protest city of Hamar Sunday to crush dissent on the eve of Ramadan.
[01:01:28.000 --> 01:01:37.000]  A witness in Derezor said government forces fired artillery anti-aircraft weapons on the town Monday adding medical and food supplies were low.
[01:01:37.000 --> 01:01:50.000]  Syrian Hamar came after more than 500,000 people equal to the town's entire population rallied Friday following Muslim prayers during which a cleric told the congregation the regime of Bashar al-Assad must go.
[01:01:50.000 --> 01:01:58.000]  In 1982 an estimated 20,000 people were killed in Hamar when the army put down a revolt against Assad's late father.
[01:01:58.000 --> 01:02:09.000]  Syrian activists called for a general strike Sunday stating the blood of your brothers and sisters is crying out for you to rise up and save your homeland from the rule of criminals.
[01:02:09.000 --> 01:02:19.000]  Activists rallied in the capital of Japan's Fukushima region Sunday home to the crippled nuclear power plant calling for an end to atomic energy.
[01:02:19.000 --> 01:02:30.000]  The rally joined by residents evacuated from areas around the plant was organized by the Japan Congress against atomic and hydrogen bombs as part of its long time campaign against nuclear weapons.
[01:02:30.000 --> 01:02:44.000]  It was the first time a leading anti-nuclear organization staged a rally in Fukushima to observe the anniversaries of the atomic bombings of Hiroshima and Nagasaki on August 6 and 9, 1945.
[01:02:44.000 --> 01:02:50.000]  On March 11 the world's first victims of atomic weapons became the latest victims of nuclear energy.
[01:02:50.000 --> 01:03:19.000]  Hiromasa Yoshida a schoolteacher who was evacuated from a town 12 miles from the plant told the rally let us become the last victims of any nuclear plant accident.
[01:03:20.000 --> 01:03:35.000]  It's all according to the will of the Almighty.
[01:03:35.000 --> 01:03:50.000]  I read his book and it says he cares come toward the unsightly. These warmongers come by that time right there.
[01:03:50.000 --> 01:04:06.000]  We are back. This is rule of law radio. Call in number is 512-646-1984. It is August 1, 2011. Okay, we're going to finish up with Celia in California.
[01:04:06.000 --> 01:04:20.000]  Celia, let's see if we can get you finished up here. I have not heard from Rick and I don't see him on the board, but if you're going to send me an email as soon as I'm able to get in touch with him, I'll try to hook you two up.
[01:04:20.000 --> 01:04:28.000]  Please provide your phone number so he can call you, but he would be the go-to guy in California for telling you exactly what's going on and what to do about it.
[01:04:28.000 --> 01:04:33.000]  Okay, I just sent you an email but I didn't put my phone number. I'll put my phone number right now.
[01:04:33.000 --> 01:04:44.000]  Okay, and just in case I am not able to get in touch with him now, do not forget to do a little bit of reading and studying on your own to know what's going on and what you can do about it.
[01:04:44.000 --> 01:05:09.000]  Okay, and I need to know if they say that this is a citation. If this is what? I can tell you anything. It says it's a citation. It says you made clear this citation. So is that a, does that give you an indication of whether it is under the penal code or under the civil?
[01:05:09.000 --> 01:05:28.000]  No. No, because there can be civil fines and there can be criminal fines. And a citation is nothing more than a summons to answer an accusation based upon some thing, and it can be a civil accusation or a criminal one.
[01:05:28.000 --> 01:05:30.000]  So no, that doesn't tell us.
[01:05:30.000 --> 01:05:42.000]  Okay, all right. So I need to find out whether... Yeah, call the court and ask them. I'm pretty sure that it's civil in California but I am not 100% positive.
[01:05:42.000 --> 01:05:44.000]  Okay, so...
[01:05:44.000 --> 01:06:05.000]  Call the court, give them what you're allegedly being charged with and ask them, is this a civil or criminal offense? And if no one can tell you the day you go to court, then you demand that the judge tell you what is the nature of the charge. Is it civil or is it criminal?
[01:06:05.000 --> 01:06:08.000]  Because they are required to tell you.
[01:06:08.000 --> 01:06:17.000]  Okay, so if it is a civil, then the, um, the right doesn't apply, right?
[01:06:17.000 --> 01:06:19.000]  I didn't understand that.
[01:06:19.000 --> 01:06:28.000]  Oh, if it is a civil offense or a civil charge, the right does not apply.
[01:06:28.000 --> 01:06:29.000]  That's correct.
[01:06:29.000 --> 01:06:30.000]  You mean my right? Okay.
[01:06:30.000 --> 01:06:31.000]  That's correct.
[01:06:31.000 --> 01:06:46.000]  But if that doesn't apply, then he had no authority to seize your property either. So that means that he assaulted you.
[01:06:46.000 --> 01:06:49.000]  Seize my property as in taking my telephone.
[01:06:49.000 --> 01:06:50.000]  Exactly.
[01:06:50.000 --> 01:06:56.000]  He took your property without your consent and without any lawful authority to do so.
[01:06:56.000 --> 01:07:04.000]  In order for him to take that property, there's only two ways he can do it, warrant or court order.
[01:07:04.000 --> 01:07:15.000]  In a civil action, he can only do it with a court order or a warrant. Under a criminal, he can only do it for a warrant.
[01:07:15.000 --> 01:07:16.000]  Okay.
[01:07:16.000 --> 01:07:21.000]  So either way, he's screwed.
[01:07:21.000 --> 01:07:23.000]  Okay.
[01:07:23.000 --> 01:07:28.000]  You just have to make the accusation and get the question answered.
[01:07:28.000 --> 01:07:29.000]  Okay.
[01:07:29.000 --> 01:07:40.000]  So the second question that you told me to ask is, can you please tell me what law, under what law allows you to stop an automobile when you think I'm doing something?
[01:07:40.000 --> 01:07:41.000]  I don't know.
[01:07:41.000 --> 01:07:42.000]  It's another question.
[01:07:42.000 --> 01:07:43.000]  No.
[01:07:43.000 --> 01:07:44.000]  Be specific.
[01:07:44.000 --> 01:07:53.000]  What law allows you to stop an automobile because you see someone allegedly see somebody on a cell phone?
[01:07:53.000 --> 01:07:54.000]  Okay.
[01:07:54.000 --> 01:07:56.000]  Be specific.
[01:07:56.000 --> 01:08:05.000]  If you leave it general, then he can cite any law that would let him pull you over, even if it's not one that applies.
[01:08:05.000 --> 01:08:07.000]  So be specific.
[01:08:07.000 --> 01:08:11.000]  Okay.
[01:08:11.000 --> 01:08:14.000]  Are there any other questions I need to ask?
[01:08:14.000 --> 01:08:18.000]  At the moment, until we know what you're dealing with, you're kind of at an impasse.
[01:08:18.000 --> 01:08:22.000]  We don't know what else to ask because we don't know whether it's civil or criminal.
[01:08:22.000 --> 01:08:29.000]  But you do need to get information on where to look about what applies to that charge.
[01:08:29.000 --> 01:08:34.000]  And you start with the clerk of the court.
[01:08:34.000 --> 01:08:37.000]  Call them and get that information, okay?
[01:08:37.000 --> 01:08:38.000]  All right.
[01:08:38.000 --> 01:08:45.000]  And once you have that, then you can email me with what you found, and I'll help you look at it if I can.
[01:08:45.000 --> 01:08:50.000]  Otherwise, I'll try to get you in touch with Rick if I'm able to get in touch with him myself.
[01:08:50.000 --> 01:08:51.000]  Okay.
[01:08:51.000 --> 01:08:52.000]  Okay.
[01:08:52.000 --> 01:08:53.000]  Wonderful.
[01:08:53.000 --> 01:08:54.000]  Okay.
[01:08:54.000 --> 01:08:55.000]  All right.
[01:08:55.000 --> 01:08:56.000]  Thank you, Sylvia.
[01:08:56.000 --> 01:08:57.000]  Thank you very much.
[01:08:57.000 --> 01:08:58.000]  You're welcome.
[01:08:58.000 --> 01:08:59.000]  Have a good radio show.
[01:08:59.000 --> 01:09:00.000]  Thank you, ma'am.
[01:09:00.000 --> 01:09:01.000]  We'll try.
[01:09:01.000 --> 01:09:02.000]  Okay.
[01:09:02.000 --> 01:09:03.000]  All right.
[01:09:03.000 --> 01:09:05.000]  Let's go to Becky in Ohio.
[01:09:05.000 --> 01:09:07.000]  Even Becky, what can we do for you?
[01:09:07.000 --> 01:09:08.000]  Good evening.
[01:09:08.000 --> 01:09:14.000]  Today, my husband and I went to the courthouse to file our updated land patent.
[01:09:14.000 --> 01:09:18.000]  And when we got to the courthouse, all the paper was done proper.
[01:09:18.000 --> 01:09:25.000]  When we got to the courthouse, the actual recorder actually came out and told us that because of the case law on it,
[01:09:25.000 --> 01:09:31.000]  he would have to give it to the prosecutor to file it, which he doesn't think that they'll be filing it.
[01:09:31.000 --> 01:09:33.000]  So my question is, what would we do?
[01:09:33.000 --> 01:09:39.000]  What would the prosecutor have to do with civil law?
[01:09:39.000 --> 01:09:40.000]  Land patents are civil.
[01:09:40.000 --> 01:09:44.000]  They have nothing to do with the prosecution of anything.
[01:09:44.000 --> 01:09:45.000]  Right.
[01:09:45.000 --> 01:09:46.000]  Right.
[01:09:46.000 --> 01:09:57.000]  So did you ask this clerk what law they're citing that allows the prosecutor to decide whether or not to file a land patent?
[01:09:57.000 --> 01:09:58.000]  Right.
[01:09:58.000 --> 01:10:05.000]  Because there can't be case law about a law that doesn't exist.
[01:10:05.000 --> 01:10:06.000]  Right.
[01:10:06.000 --> 01:10:16.000]  So when anyone tells you that their law is or the case law is, then you make them tell you what they're relying on.
[01:10:16.000 --> 01:10:18.000]  You say there's case law.
[01:10:18.000 --> 01:10:20.000]  Where is it?
[01:10:20.000 --> 01:10:23.000]  Give me the cases.
[01:10:23.000 --> 01:10:25.000]  You say that there is a law.
[01:10:25.000 --> 01:10:26.000]  What is it?
[01:10:26.000 --> 01:10:29.000]  Give me the site and the code that it's in.
[01:10:29.000 --> 01:10:31.000]  Okay.
[01:10:31.000 --> 01:10:36.000]  Do not let them bluff you with, well, there's this and this and this.
[01:10:36.000 --> 01:10:37.000]  Fine.
[01:10:37.000 --> 01:10:39.000]  If you know what it is, show it to me.
[01:10:39.000 --> 01:10:40.000]  Okay.
[01:10:40.000 --> 01:10:43.000]  Pretend you're from Missouri instead of Ohio.
[01:10:43.000 --> 01:10:45.000]  Okay.
[01:10:45.000 --> 01:10:46.000]  Okay.
[01:10:46.000 --> 01:10:48.000]  But then, okay, if they don't file the case...
[01:10:48.000 --> 01:10:50.000]  Now, where did you take...
[01:10:50.000 --> 01:10:52.000]  Where did you take this to file it again?
[01:10:52.000 --> 01:10:55.000]  I took it to the courthouse, to the recorder's office.
[01:10:55.000 --> 01:10:56.000]  First, I took it to the map office.
[01:10:56.000 --> 01:10:58.000]  I had no problems with the map office.
[01:10:58.000 --> 01:10:59.000]  Wait a minute.
[01:10:59.000 --> 01:11:03.000]  You took it to the county recorder's office?
[01:11:03.000 --> 01:11:06.000]  It's the county recorder's office, yes.
[01:11:06.000 --> 01:11:07.000]  Okay.
[01:11:07.000 --> 01:11:09.000]  You didn't take it and try to file it in a court.
[01:11:09.000 --> 01:11:12.000]  The county recorder's office is just in the courthouse.
[01:11:12.000 --> 01:11:13.000]  Correct.
[01:11:13.000 --> 01:11:14.000]  Okay.
[01:11:14.000 --> 01:11:16.000]  All right.
[01:11:16.000 --> 01:11:22.000]  Given that, you need to get them to tell you, you're telling me this is a law or this is case law.
[01:11:22.000 --> 01:11:25.000]  I need you as my servant to tell me what it is.
[01:11:25.000 --> 01:11:27.000]  Where do I find it?
[01:11:27.000 --> 01:11:35.000]  How are you saying that a criminal prosecutor has anything whatsoever to do with a land patent filing?
[01:11:35.000 --> 01:11:37.000]  One is criminal, one is civil.
[01:11:37.000 --> 01:11:39.000]  They're all in water.
[01:11:39.000 --> 01:11:40.000]  Right.
[01:11:40.000 --> 01:11:45.000]  But he said the law that was on the land patent itself, he wasn't familiar with.
[01:11:45.000 --> 01:11:52.000]  Now that's like case law on the actual document itself.
[01:11:52.000 --> 01:11:55.000]  Then he still needs to tell you what it is.
[01:11:55.000 --> 01:11:59.000]  If he can tell you there is one, then he should be able to tell you what it is.
[01:11:59.000 --> 01:12:05.000]  Because he's given you legal advice when he says it affects your ability to file it, isn't he?
[01:12:05.000 --> 01:12:06.000]  Correct.
[01:12:06.000 --> 01:12:11.000]  Therefore, if he can give you the legal advice that it affects your ability to file,
[01:12:11.000 --> 01:12:16.000]  you better be able to give you the legal advice of exactly what he's using to make that statement.
[01:12:16.000 --> 01:12:17.000]  Right.
[01:12:17.000 --> 01:12:19.000]  That is my next step if he says he's not going to file it.
[01:12:19.000 --> 01:12:21.000]  But let's say he says he's not going to file it.
[01:12:21.000 --> 01:12:23.000]  What is my next step after that?
[01:12:23.000 --> 01:12:32.000]  Then you ask him to show you what authority allows him to not file an official property record.
[01:12:32.000 --> 01:12:43.000]  Because in every state I'm aware of, the job of the county clerk is to keep the records associated with deeds, titles, and land.
[01:12:43.000 --> 01:12:44.000]  Right.
[01:12:44.000 --> 01:12:49.000]  And the sale and transfer of that land.
[01:12:49.000 --> 01:12:56.000]  If that's his job and the laws of Ohio say these are the records the clerk shall file,
[01:12:56.000 --> 01:13:01.000]  and this is one of those types of records, and he's refusing to file it,
[01:13:01.000 --> 01:13:07.000]  and that clerk's in violation of his oath of office and the laws associated with the duties of that office.
[01:13:07.000 --> 01:13:11.000]  And somebody should be filing a criminal complaint against the clerk,
[01:13:11.000 --> 01:13:14.000]  one for practicing law without a license,
[01:13:14.000 --> 01:13:19.000]  and the other one for dereliction of duty and violation of his oath.
[01:13:19.000 --> 01:13:21.000]  Okay.
[01:13:21.000 --> 01:13:23.000]  Okay.
[01:13:23.000 --> 01:13:25.000]  It sounds like it's simple.
[01:13:25.000 --> 01:13:31.000]  He said that they used to do the land patent in the older days, they don't do them no more.
[01:13:31.000 --> 01:13:37.000]  Well, then he better have something in the law that lets him not do it.
[01:13:37.000 --> 01:13:38.000]  Okay.
[01:13:38.000 --> 01:13:39.000]  That's exactly that.
[01:13:39.000 --> 01:13:41.000]  You're saying the same thing I was already doing.
[01:13:41.000 --> 01:13:44.000]  The area I was going to hit next after he said...
[01:13:44.000 --> 01:13:45.000]  Well, good.
[01:13:45.000 --> 01:13:46.000]  You're going to write a tract then.
[01:13:46.000 --> 01:13:47.000]  Right.
[01:13:47.000 --> 01:13:50.000]  Do not take a public serpent's word for anything.
[01:13:50.000 --> 01:13:55.000]  Remember, Eve took a serpent's word and look where we are now.
[01:13:55.000 --> 01:13:56.000]  Exactly.
[01:13:56.000 --> 01:13:58.000]  Okay.
[01:13:58.000 --> 01:13:59.000]  Okay.
[01:13:59.000 --> 01:14:02.000]  If I have any more problems, I will give you a call back if you don't mind.
[01:14:02.000 --> 01:14:03.000]  No, ma'am, not at all.
[01:14:03.000 --> 01:14:04.000]  Please do.
[01:14:04.000 --> 01:14:05.000]  Okay.
[01:14:05.000 --> 01:14:06.000]  Thank you very much for your time.
[01:14:06.000 --> 01:14:07.000]  I appreciate it.
[01:14:07.000 --> 01:14:08.000]  Yes, ma'am.
[01:14:08.000 --> 01:14:09.000]  You have a good evening.
[01:14:09.000 --> 01:14:10.000]  Thanks for calling in.
[01:14:10.000 --> 01:14:11.000]  You too.
[01:14:11.000 --> 01:14:12.000]  Bye-bye.
[01:14:12.000 --> 01:14:13.000]  Bye-bye.
[01:14:13.000 --> 01:14:14.000]  All right.
[01:14:14.000 --> 01:14:15.000]  Let's go to Paula and Main.
[01:14:15.000 --> 01:14:17.000]  Jeff and Randy, we see you there, so please hang on.
[01:14:17.000 --> 01:14:19.000]  All right, Paula, what can we do for you?
[01:14:19.000 --> 01:14:21.000]  Hi there.
[01:14:21.000 --> 01:14:26.000]  Well, I'm working on writing some notes for my husband.
[01:14:26.000 --> 01:14:29.000]  Tomorrow, he's going to see his court-appointed attorney.
[01:14:29.000 --> 01:14:33.000]  There's an array of questions I have.
[01:14:33.000 --> 01:14:39.000]  Now, he's already given his attorney some questions that we got, you know, we worked on together.
[01:14:39.000 --> 01:14:40.000]  Uh-huh.
[01:14:40.000 --> 01:14:44.000]  And I'm not very confident the attorney's going to answer the questions.
[01:14:44.000 --> 01:14:50.000]  So I'm thinking I should file an affidavit into my husband's case, okay?
[01:14:50.000 --> 01:14:52.000]  This is regarding the...
[01:14:52.000 --> 01:14:54.000]  Is this a civil or criminal case?
[01:14:54.000 --> 01:14:55.000]  Criminal.
[01:14:55.000 --> 01:14:56.000]  Okay.
[01:14:56.000 --> 01:14:57.000]  Then what makes you...
[01:14:57.000 --> 01:15:02.000]  What kind of affidavit are you thinking you're able to file in his case?
[01:15:02.000 --> 01:15:11.000]  Well, I would like to file an affidavit stating all of the violations, first of all, by the
[01:15:11.000 --> 01:15:21.000]  judge and, um, like, my husband never got to have any information regarding the grand jury
[01:15:21.000 --> 01:15:28.000]  when they were going to meet or any opportunity to challenge the, um,
[01:15:28.000 --> 01:15:31.000]  qualifications of those jurors.
[01:15:31.000 --> 01:15:32.000]  Never had any...
[01:15:32.000 --> 01:15:34.000]  Did he have an attorney at the time?
[01:15:34.000 --> 01:15:35.000]  No.
[01:15:35.000 --> 01:15:41.000]  In fact, the judge made him sign to bail conditions.
[01:15:41.000 --> 01:15:46.000]  My husband was never arrested the day they came here to get his gun.
[01:15:46.000 --> 01:15:55.000]  They came here because the game wardens found out through some type of investigation, which
[01:15:55.000 --> 01:15:58.000]  they have not told us about.
[01:15:58.000 --> 01:16:03.000]  And in a conversation with the game warden here at the house, one of them said,
[01:16:03.000 --> 01:16:06.000]  I'll never tell you that information.
[01:16:06.000 --> 01:16:07.000]  In other words...
[01:16:07.000 --> 01:16:12.000]  Maloney, if that's what they intend to use as evidence against you, you're entitled to
[01:16:12.000 --> 01:16:13.000]  it.
[01:16:13.000 --> 01:16:14.000]  Right.
[01:16:14.000 --> 01:16:21.000]  But they say there was an investigation regarding a complaint about a deer that had been shot.
[01:16:21.000 --> 01:16:22.000]  Okay?
[01:16:22.000 --> 01:16:23.000]  My husband's a hunter.
[01:16:23.000 --> 01:16:26.000]  He's been a hunter for the past 25 years.
[01:16:26.000 --> 01:16:31.000]  However, 30 years ago, he was convicted of robbery.
[01:16:31.000 --> 01:16:39.000]  Now that conviction apparently prohibited him from possessing firearms.
[01:16:39.000 --> 01:16:40.000]  Okay.
[01:16:40.000 --> 01:16:41.000]  Hang on a second, Paula.
[01:16:41.000 --> 01:16:42.000]  We're going to go to break.
[01:16:42.000 --> 01:16:44.000]  We'll pick this up on the other side.
[01:16:44.000 --> 01:16:45.000]  All right, folks.
[01:16:45.000 --> 01:16:49.000]  This is Rule of Law Radio 512-646-1984.
[01:16:49.000 --> 01:16:52.000]  We've got about 45 minutes left in the show.
[01:16:52.000 --> 01:16:55.000]  Randy, Jeff, Mitchell, we see you on the board, so hang on.
[01:16:55.000 --> 01:16:57.000]  We'll pick you up after we get done with Paula.
[01:16:57.000 --> 01:17:04.000]  We'll be right back.
[01:17:27.000 --> 01:17:32.000]  Call us at 512-646-6440 for more details.
[01:17:32.000 --> 01:17:38.000]  As always, we buy, sell, and trade precious metals and cater to those with all sizes of
[01:17:38.000 --> 01:17:39.000]  coin collections.
[01:17:39.000 --> 01:17:46.000]  We're located at 7304 Burnett Road, Suite A, about a half a mile north of Canig, next
[01:17:46.000 --> 01:17:49.000]  to the Ichiban Sushi and the Genie Car Wash.
[01:17:49.000 --> 01:17:53.000]  We're open Monday through Friday 10 to 6, Saturdays 10 to 5.
[01:17:53.000 --> 01:18:00.000]  Visit us at CapitalCornandBullying.com or call 512-646-6440.
[01:18:00.000 --> 01:18:04.000]  My name is Randall Kelton, and I co-host on Rule of Law Radio.
[01:18:04.000 --> 01:18:09.000]  We specialize in showing people how to strike back against corrupt public officials.
[01:18:09.000 --> 01:18:13.000]  With the mortgage crisis worsening, we set our sights on finding a remedy for people
[01:18:13.000 --> 01:18:15.000]  who have been cheated by their lenders.
[01:18:15.000 --> 01:18:20.000]  If you have a mortgage or have paid yours off, you have probably been cheated out of
[01:18:20.000 --> 01:18:21.000]  thousands.
[01:18:21.000 --> 01:18:22.000]  But there is a remedy.
[01:18:22.000 --> 01:18:32.000]  Go to remediesinrealestate.com or call me at 512-430-4140 and find out how to use the
[01:18:32.000 --> 01:18:37.000]  consumer protection laws to recover what the lenders have stolen through fraud and deception.
[01:18:37.000 --> 01:18:42.000]  We will prepare for you a qualified written request that will expose the fraud and put
[01:18:42.000 --> 01:18:43.000]  the lenders on the dime.
[01:18:43.000 --> 01:18:48.000]  Lender fraud is bankrupting this country, and it's time to fight back.
[01:18:48.000 --> 01:18:58.000]  Go to remediesinrealestate.com or call 512-430-4140 and get the information you need to stop the
[01:18:58.000 --> 01:19:26.000]  lenders in their tracks.
[01:19:26.000 --> 01:19:28.000]  We are back.
[01:19:28.000 --> 01:19:30.000]  This is Rule of Law Radio.
[01:19:30.000 --> 01:19:36.000]  Coming into our second segment of the hour, leaving us about 45 minutes in the show.
[01:19:36.000 --> 01:19:39.000]  Right now we are talking to Paula in Maine.
[01:19:39.000 --> 01:19:43.000]  Jeff, Randy, Mitchell, Michael, we see you there, so please hang on.
[01:19:43.000 --> 01:19:45.000]  We'll get to you as quickly as possible.
[01:19:45.000 --> 01:19:47.000]  Alright Paula, let's see what we can do with this.
[01:19:47.000 --> 01:19:52.000]  Now you said that your husband was convicted about 30 years ago of a felony.
[01:19:52.000 --> 01:19:53.000]  Yes.
[01:19:53.000 --> 01:19:54.000]  Okay.
[01:19:54.000 --> 01:20:04.000]  And at the time of that conviction, was there a law in effect in your state preventing convicted
[01:20:04.000 --> 01:20:10.000]  felons from having firearms?
[01:20:10.000 --> 01:20:14.000]  Well, I guess I'm going to have to research that because I'm not quite sure.
[01:20:14.000 --> 01:20:16.000]  Okay, that would be the first thing.
[01:20:16.000 --> 01:20:24.000]  If they created a law that went back in time and made possession of firearms illegal to a felon who was
[01:20:24.000 --> 01:20:31.000]  convicted before that law, that's a retroactive law and they are constitutionally prohibited in virtually
[01:20:31.000 --> 01:20:32.000]  every state.
[01:20:32.000 --> 01:20:33.000]  Okay.
[01:20:33.000 --> 01:20:34.000]  Okay.
[01:20:34.000 --> 01:20:35.000]  Alright.
[01:20:35.000 --> 01:20:43.000]  There's a lot of things that went wrong here regarding when my husband went for his first
[01:20:43.000 --> 01:20:46.000]  appearance in court, we didn't even know what it was.
[01:20:46.000 --> 01:20:49.000]  I tried to find out, but the clerk wouldn't tell me.
[01:20:49.000 --> 01:20:55.000]  Apparently it was his arraignment, okay, for his probable cause or...
[01:20:55.000 --> 01:20:58.000]  And he didn't have an attorney at this time?
[01:20:58.000 --> 01:21:01.000]  Right, and I tried to tell the judge.
[01:21:01.000 --> 01:21:04.000]  I said, Judge, my husband doesn't know too much about the law.
[01:21:04.000 --> 01:21:07.000]  We've applied for a court-appointed attorney.
[01:21:07.000 --> 01:21:10.000]  I'd like to help him until he gets his court-appointed attorney.
[01:21:10.000 --> 01:21:13.000]  The judge wouldn't have let me.
[01:21:13.000 --> 01:21:19.000]  And they then, my husband had been sitting for three hours and he was really tired.
[01:21:19.000 --> 01:21:22.000]  They then said, sign here and you can leave.
[01:21:22.000 --> 01:21:29.000]  And they made him agree to bail or bond conditions such as they could come and search our houses.
[01:21:29.000 --> 01:21:37.000]  They had articulable suspicion that he was using drugs or had firearms.
[01:21:37.000 --> 01:21:46.000]  The fact the using drugs part comes in because they found one pill here at our household
[01:21:46.000 --> 01:21:55.000]  of a type that my husband used to have a prescription for, also of the same type that they found
[01:21:55.000 --> 01:22:02.000]  on another man that was here, my husband's friend, and the day charged him with.
[01:22:02.000 --> 01:22:08.000]  They didn't find that one pill in the common area until that man left.
[01:22:08.000 --> 01:22:12.000]  After he left, they found it, charged my husband with it.
[01:22:12.000 --> 01:22:13.000]  It was only one pill.
[01:22:13.000 --> 01:22:17.000]  Since then, the DA has done something.
[01:22:17.000 --> 01:22:26.000]  He has called my husband's doctor and told her that he's been charged with this one pill,
[01:22:26.000 --> 01:22:32.000]  not the national one pill, and she has since stopped providing my husband his painkillers.
[01:22:32.000 --> 01:22:38.000]  Also, my husband is in the process of getting approved for medical marijuana,
[01:22:38.000 --> 01:22:40.000]  so that he doesn't have to take the painkillers.
[01:22:40.000 --> 01:22:48.000]  So he has been bounced from them telling him he cannot do illegal drugs like the marijuana.
[01:22:48.000 --> 01:22:53.000]  Maine did pass the medical marijuana bill, so now people can get it.
[01:22:53.000 --> 01:23:03.000]  His doctor has told him that he should go see the specialist who provides the paperwork
[01:23:03.000 --> 01:23:07.000]  that needs to be done for the state to give him his medical marijuana,
[01:23:07.000 --> 01:23:10.000]  but the money factor was prohibiting us.
[01:23:10.000 --> 01:23:14.000]  Finally, he did apply, but his appointment's not till August.
[01:23:14.000 --> 01:23:22.000]  The fact that he is medically in need of it is still there, but he just has not been approved.
[01:23:22.000 --> 01:23:25.000]  Okay, well, that part's not an issue here.
[01:23:25.000 --> 01:23:28.000]  Let's stick to what we're dealing with.
[01:23:28.000 --> 01:23:35.000]  What has your attorney done so far, and did you hire this attorney or did the court appoint this attorney?
[01:23:35.000 --> 01:23:38.000]  No, he's a court appointed attorney.
[01:23:38.000 --> 01:23:43.000]  The attorney hasn't done that much, just went to court with him the other day,
[01:23:43.000 --> 01:23:48.000]  and in fact, I told my husband, I said, it says right here, you don't need to please.
[01:23:48.000 --> 01:23:53.000]  If you don't enter a plea, the judge will enter one for you of not guilty.
[01:23:53.000 --> 01:23:57.000]  It says so in the rule, but when he went and he tried to...
[01:23:57.000 --> 01:23:59.000]  Well, there's another rule, too.
[01:23:59.000 --> 01:24:05.000]  They can't summon you to court and make you sign or do anything without assistance of counsel
[01:24:05.000 --> 01:24:10.000]  if that charge in any way involves loss of your liberty.
[01:24:10.000 --> 01:24:11.000]  Great.
[01:24:11.000 --> 01:24:12.000]  Okay?
[01:24:12.000 --> 01:24:13.000]  It does, okay.
[01:24:13.000 --> 01:24:19.000]  I know that those are the rules, I know a lot of stuff they have broken the rules,
[01:24:19.000 --> 01:24:27.000]  and in fact, the judge, when I told my husband, don't sign, I was sitting in the benches,
[01:24:27.000 --> 01:24:32.000]  the judge had me taken out of court, and when I said, well, there are things you shouldn't be doing,
[01:24:32.000 --> 01:24:36.000]  he had me put in handcuffs for 45 minutes.
[01:24:36.000 --> 01:24:37.000]  So there's...
[01:24:37.000 --> 01:24:40.000]  Oh, what authority?
[01:24:40.000 --> 01:24:44.000]  That spoke out of turn, I suppose, in his courthouse.
[01:24:44.000 --> 01:24:45.000]  Okay.
[01:24:45.000 --> 01:24:50.000]  First thing is, you need to be filing judicial conduct complaints against that judge.
[01:24:50.000 --> 01:24:53.000]  I was seriously considering that, and I heard...
[01:24:53.000 --> 01:24:55.000]  Don't consider it, do it.
[01:24:55.000 --> 01:24:56.000]  Okay.
[01:24:56.000 --> 01:25:00.000]  Now, your other talker there was saying he was...
[01:25:00.000 --> 01:25:06.000]  You mentioned something about the judicial misconduct complaint, okay?
[01:25:06.000 --> 01:25:08.000]  Being filed in the courthouse?
[01:25:08.000 --> 01:25:09.000]  No.
[01:25:09.000 --> 01:25:14.000]  A motion to disqualify is filed in the courthouse.
[01:25:14.000 --> 01:25:15.000]  Okay.
[01:25:15.000 --> 01:25:16.000]  So we do have...
[01:25:16.000 --> 01:25:22.000]  A judicial conduct complaint is filed with whatever constitutes your state judicial
[01:25:22.000 --> 01:25:25.000]  conduct committee grievance more than whatever.
[01:25:25.000 --> 01:25:30.000]  Yeah, I filed three complaints with them, and they've all been dismissed, but just the
[01:25:30.000 --> 01:25:38.000]  fact that once that is filed, I can use it to ask for...
[01:25:38.000 --> 01:25:44.000]  You can use it to demand that your attorney, your husband's attorney disqualify that judge.
[01:25:44.000 --> 01:25:48.000]  The judge now has a conflict of interest.
[01:25:48.000 --> 01:25:49.000]  Okay?
[01:25:49.000 --> 01:25:50.000]  Okay.
[01:25:50.000 --> 01:25:55.000]  So you need to be telling your husband's attorney, I demand you file a motion to disqualify this
[01:25:55.000 --> 01:25:56.000]  guy.
[01:25:56.000 --> 01:26:01.000]  I'd judicially conduct complaint to him X number of times for violating his due process
[01:26:01.000 --> 01:26:06.000]  rights, not providing him with legal counsel at the initial hearing where they got him to
[01:26:06.000 --> 01:26:12.000]  all this paperwork, denying him his rights and everything else, all of which are violations,
[01:26:12.000 --> 01:26:14.000]  every last one of them.
[01:26:14.000 --> 01:26:20.000]  And if your attorney does anything but say, okay, I'll do it tomorrow, bar grieve his behind
[01:26:20.000 --> 01:26:23.000]  in the utter destitution.
[01:26:23.000 --> 01:26:29.000]  Every time he opens his mouth with anything other than, yes, ma'am, bar grieving.
[01:26:29.000 --> 01:26:35.000]  Okay, hopefully I can get my husband's cooperation and be very stressful.
[01:26:35.000 --> 01:26:39.000]  You do not need your husband's cooperation.
[01:26:39.000 --> 01:26:40.000]  Okay.
[01:26:40.000 --> 01:26:47.000]  The only thing he has to do is tell the attorney that you will tell my wife everything that
[01:26:47.000 --> 01:26:49.000]  you tell me.
[01:26:49.000 --> 01:26:55.000]  And anything that she tells you needs to be done to help me, you better listen.
[01:26:55.000 --> 01:26:57.000]  That's all he's got to do.
[01:26:57.000 --> 01:26:59.000]  Yeah, you see what they've done?
[01:26:59.000 --> 01:27:02.000]  They've threatened him while they've scared him into saying things.
[01:27:02.000 --> 01:27:06.000]  They've said, your wife is banned from the courthouse.
[01:27:06.000 --> 01:27:10.000]  And we don't like, nobody here likes her, blah, blah, blah.
[01:27:10.000 --> 01:27:11.000]  Well, that's tough.
[01:27:11.000 --> 01:27:12.000]  It's a public courthouse.
[01:27:12.000 --> 01:27:17.000]  They'd better have a dang good reason for banning one of the people from it, like you tried
[01:27:17.000 --> 01:27:19.000]  to blow it up.
[01:27:19.000 --> 01:27:25.000]  And you see, I emailed him with certain questions and he told my husband, this was at the beginning,
[01:27:25.000 --> 01:27:29.000]  he said, oh, tell your wife I got the email and I respond.
[01:27:29.000 --> 01:27:31.000]  I'm not ignoring her.
[01:27:31.000 --> 01:27:36.000]  And a few weeks later, he says, oh, by the way, I can't communicate with your wife.
[01:27:36.000 --> 01:27:38.000]  You're not to be with you.
[01:27:38.000 --> 01:27:46.000]  So, you know, he was railroading in, just trying to buy some time to, you know, bar grieving.
[01:27:46.000 --> 01:27:50.000]  Just on general principle, bar grieving.
[01:27:50.000 --> 01:27:55.000]  Think of every single thing that was violated in your husband's case and bar grieve is court
[01:27:55.000 --> 01:27:59.000]  appointed to counsel for not doing something about it, no matter how many things it is
[01:27:59.000 --> 01:28:01.000]  or how many times it's happened.
[01:28:01.000 --> 01:28:05.000]  Now, I want to ask you something regarding the search warrant when they were here.
[01:28:05.000 --> 01:28:08.000]  The investigator, I listened to the interview.
[01:28:08.000 --> 01:28:14.000]  The investigator that talked to my husband said a few times, you're not under arrest.
[01:28:14.000 --> 01:28:17.000]  We're not taking you into custody.
[01:28:17.000 --> 01:28:23.000]  But yeah, the deputy sheriff had my husband sign these comments and complaints.
[01:28:23.000 --> 01:28:29.000]  And I actually tried to go talk to my husband at that time because I've been there.
[01:28:29.000 --> 01:28:30.000]  I've done that.
[01:28:30.000 --> 01:28:37.000]  I know that signing those is a way to get you sort of to admit their jurisdiction or to
[01:28:37.000 --> 01:28:39.000]  agree to appear.
[01:28:39.000 --> 01:28:44.000]  And then if you don't, they have a reason to come out and get you or put out a warrant
[01:28:44.000 --> 01:28:47.000]  for your arrest, right?
[01:28:47.000 --> 01:28:51.000]  Now, I tried to get over there and they stopped me from going.
[01:28:51.000 --> 01:28:54.000]  They had told me you're not under arrest.
[01:28:54.000 --> 01:28:56.000]  You can leave the property.
[01:28:56.000 --> 01:29:00.000]  But as I approached the police car, they said you're interfering with an investigation.
[01:29:00.000 --> 01:29:03.000]  You know, I can't let you take another step.
[01:29:03.000 --> 01:29:06.000]  They prevented me from going over to talk to him.
[01:29:06.000 --> 01:29:09.000]  I was going to tell him, don't sign it.
[01:29:09.000 --> 01:29:11.000]  He was afraid to be arrested.
[01:29:11.000 --> 01:29:13.000]  So he was under arrest.
[01:29:13.000 --> 01:29:18.000]  So anything that's done under arrest is void anyway.
[01:29:18.000 --> 01:29:21.000]  Not if they can twist it around.
[01:29:21.000 --> 01:29:22.000]  It's not.
[01:29:22.000 --> 01:29:24.000]  Okay.
[01:29:24.000 --> 01:29:30.000]  The problem here always boils down to the court's refusal to accept the fact that in real
[01:29:30.000 --> 01:29:37.000]  life, people surrounding you with guns will intimidate you to do things you otherwise
[01:29:37.000 --> 01:29:39.000]  would not do.
[01:29:39.000 --> 01:29:41.000]  All right, Paula, we're going to try it.
[01:29:41.000 --> 01:29:43.000]  We've got to wrap this up on the other side.
[01:29:43.000 --> 01:29:44.000]  I've got three other callers.
[01:29:44.000 --> 01:29:45.000]  So hang on.
[01:29:45.000 --> 01:29:46.000]  We'll be right back.
[01:29:46.000 --> 01:29:50.000]  This is rule of law radio 512-646-1984.
[01:29:50.000 --> 01:29:52.000]  Jeff, Mitchell, Michael, I see you there.
[01:29:52.000 --> 01:29:53.000]  Please hang on.
[01:29:53.000 --> 01:29:55.000]  We'll get this wrapped up and get to you.
[01:29:55.000 --> 01:29:59.000]  We'll be right back on the other side of the break.
[01:29:59.000 --> 01:30:03.000]  Top 10 reasons to question the official story of the Oklahoma City bombing.
[01:30:03.000 --> 01:30:05.000]  Number nine, the extra leg.
[01:30:05.000 --> 01:30:09.000]  Former Oklahoma State medical examiner, Dr. Fred Jordan, had stated, we had eight people
[01:30:09.000 --> 01:30:12.000]  with amputated left legs and nine left legs to account for.
[01:30:12.000 --> 01:30:17.000]  Chief pathologist for Northern Ireland, T.K. Marshall, who performed over 2,500 autopsy
[01:30:17.000 --> 01:30:20.000]  in his time, stated, there has never been an unknown victim.
[01:30:20.000 --> 01:30:24.000]  This leg belongs to a perpetrator close enough to the bomb or his body to be damaged, leaving
[01:30:24.000 --> 01:30:26.000]  only a left leg behind.
[01:30:26.000 --> 01:30:27.000]  Who was this person?
[01:30:27.000 --> 01:30:31.000]  Please go to okcbombingtruth.com.
[01:30:31.000 --> 01:30:35.000]  You've heard of getting your shots, but have you heard of getting shot if you don't?
[01:30:35.000 --> 01:30:39.000]  I'm Dr. Katherine Albrecht, and I'll be back to tell you just how far some public health
[01:30:39.000 --> 01:30:48.000]  officials will go to vaccinate kids.
[01:30:48.000 --> 01:30:50.000]  Privacy is under attack.
[01:30:50.000 --> 01:30:53.000]  When you give up data about yourself, you'll never get it back again.
[01:30:53.000 --> 01:30:58.000]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[01:30:58.000 --> 01:31:00.000]  So protect your rights.
[01:31:00.000 --> 01:31:03.000]  Say no to surveillance and keep your information to yourself.
[01:31:03.000 --> 01:31:06.000]  Privacy, it's worth hanging on to.
[01:31:06.000 --> 01:31:11.000]  This public service announcement is brought to you by startpage.com, the private search engine
[01:31:11.000 --> 01:31:13.000]  alternative to Google, Yahoo, and Bin.
[01:31:13.000 --> 01:31:18.000]  Around 10% of parents in the U.S. opt out of measles vaccines for their kids, according
[01:31:18.000 --> 01:31:20.000]  to the Centers for Disease Control.
[01:31:20.000 --> 01:31:24.000]  Don't worry about side effects, and others have religious or medical objections.
[01:31:24.000 --> 01:31:28.000]  But in the African nation of Malawi, there are no exceptions.
[01:31:28.000 --> 01:31:33.000]  Members of the Zion and the two-week churches found this out the hard way when police rounded
[01:31:33.000 --> 01:31:37.000]  up over 100 of their children at gunpoint and forced them to be vaccinated.
[01:31:37.000 --> 01:31:40.000]  In Malawi, holdouts go to jail.
[01:31:40.000 --> 01:31:46.000]  One father was sentenced to prison and two years hard labor because his religion forbids vaccines.
[01:31:46.000 --> 01:31:49.000]  Man, I'm glad to live in the land of the free.
[01:31:49.000 --> 01:31:50.000]  I'm Dr. Catherine Albrecht.
[01:31:50.000 --> 01:32:02.000]  More news and information at CatherineAlbrecht.com.
[01:32:02.000 --> 01:32:27.000]  Hi folks, we are back.
[01:32:27.000 --> 01:32:29.000]  This is Google at Long Radio.
[01:32:29.000 --> 01:32:35.000]  Okay, Paula, I've got to get to these other callers, so just listen up real quick.
[01:32:35.000 --> 01:32:38.000]  You need to get bargaining with this file against your attorney.
[01:32:38.000 --> 01:32:43.000]  If he's not doing anything in your husband's case, he's not doing what he's there to do.
[01:32:43.000 --> 01:32:47.000]  File the judicial conduct complaints against the judge.
[01:32:47.000 --> 01:32:52.000]  If you feel that you're the only hope your husband's got in this case, then you need to be vocal.
[01:32:52.000 --> 01:32:54.000]  You need to be present.
[01:32:54.000 --> 01:33:01.000]  So, get in everybody's face as much as you can about what's going on, okay?
[01:33:01.000 --> 01:33:07.000]  Make it known that your husband was deprived of his legal counsel at every step of this proceeding
[01:33:07.000 --> 01:33:11.000]  until he had already been deprived of necessary rights.
[01:33:11.000 --> 01:33:13.000]  Get that in motion.
[01:33:13.000 --> 01:33:16.000]  I don't know exactly what to do in Maine as far as that goes.
[01:33:16.000 --> 01:33:20.000]  You're going to need to do a little bit of reading and research to do that.
[01:33:20.000 --> 01:33:25.000]  But get those things done ASAP, okay?
[01:33:25.000 --> 01:33:27.000]  Thanks for calling in.
[01:33:27.000 --> 01:33:30.000]  All right, let's get to Jeff, Mitchell, Michael, Jesse.
[01:33:30.000 --> 01:33:33.000]  I see you there, so let's get rolling.
[01:33:33.000 --> 01:33:36.000]  Jeff, what can we do for you?
[01:33:36.000 --> 01:33:37.000]  Hello?
[01:33:37.000 --> 01:33:38.000]  Yes.
[01:33:38.000 --> 01:33:39.000]  Yeah.
[01:33:39.000 --> 01:33:41.000]  I was in your class, Sunday.
[01:33:41.000 --> 01:33:42.000]  Uh-huh.
[01:33:42.000 --> 01:33:44.000]  Yeah, great course, by the way.
[01:33:44.000 --> 01:33:53.000]  Great questions. Under Article 2.03 Neglective Duty, which says it shall be the duty of the
[01:33:53.000 --> 01:33:55.000]  Attorney of the state.
[01:33:55.000 --> 01:33:57.000]  2.03 Code of Criminal Procedure.
[01:33:57.000 --> 01:34:04.000]  Yeah, present by information in the court having jurisdiction any officer for neglect or failure
[01:34:04.000 --> 01:34:05.000]  of any duty.
[01:34:05.000 --> 01:34:11.000]  Now, officer in this case is referring to any officer of the court as well, right?
[01:34:11.000 --> 01:34:13.000]  It's any public servant.
[01:34:13.000 --> 01:34:20.000]  Okay, so that would include clerks, both county and corporate.
[01:34:20.000 --> 01:34:23.000]  It would include the head clerk.
[01:34:23.000 --> 01:34:25.000]  The head clerk is an officer.
[01:34:25.000 --> 01:34:27.000]  The head clerk is the officer.
[01:34:27.000 --> 01:34:28.000]  Yes.
[01:34:28.000 --> 01:34:32.000]  Okay, so any complaint would be made against the head clerk?
[01:34:32.000 --> 01:34:33.000]  Correct.
[01:34:33.000 --> 01:34:34.000]  Okay.
[01:34:34.000 --> 01:34:46.000]  Um, my other question was to origin papers and set up, and this is in the case of appeal.
[01:34:46.000 --> 01:34:58.000]  It does say that the clerk for the, well, basically an appeal for justice in the, from
[01:34:58.000 --> 01:35:04.000]  justice or a corporate court, all the original papers in the case, together with the appeal
[01:35:04.000 --> 01:35:09.000]  bond, if any, and together with a certified transcript of all the proceedings, it has
[01:35:09.000 --> 01:35:16.000]  to be sent without delay to the clerk of the court to which the appeal was taken.
[01:35:16.000 --> 01:35:19.000]  Right, that's 44.18 Code of Criminal Procedure.
[01:35:19.000 --> 01:35:25.000]  Now, who shall file the same and docket the case?
[01:35:25.000 --> 01:35:32.000]  So if either one of those things weren't done, would that put that person liable for
[01:35:32.000 --> 01:35:33.000]  neglect of duty?
[01:35:33.000 --> 01:35:34.000]  Absolutely.
[01:35:34.000 --> 01:35:35.000]  Okay.
[01:35:35.000 --> 01:35:37.000]  And that is a, would be a criminal charge, correct?
[01:35:37.000 --> 01:35:38.000]  Absolutely.
[01:35:38.000 --> 01:35:41.000]  Violation of a ministerial duty is criminal.
[01:35:41.000 --> 01:35:44.000]  It is at a minimum misconduct in office.
[01:35:44.000 --> 01:35:45.000]  Okay.
[01:35:45.000 --> 01:35:52.000]  So if I were going to actually file charges, would I put neglect of duty or, you know,
[01:35:52.000 --> 01:35:56.000]  misconduct in office?
[01:35:56.000 --> 01:35:59.000]  Misconduct in office.
[01:35:59.000 --> 01:36:00.000]  Okay.
[01:36:00.000 --> 01:36:06.000]  But don't forget, there is also tampering with the government documents.
[01:36:06.000 --> 01:36:08.000]  Ah, okay.
[01:36:08.000 --> 01:36:17.000]  Because one of those, one of the possible ways to commit that act is secreting any document
[01:36:17.000 --> 01:36:20.000]  from wherever it's supposed to be.
[01:36:20.000 --> 01:36:27.000]  If it's supposed to be in the court files and listed on the docket and it's not, the
[01:36:27.000 --> 01:36:31.000]  clerk is secreting those files from the court.
[01:36:31.000 --> 01:36:40.000]  Ah, so if there was, say, a prosecutor and a judge that had seen that file, would they
[01:36:40.000 --> 01:36:42.000]  also be criminally liable?
[01:36:42.000 --> 01:36:47.000]  If they knew the clerk was required to do something and did not require it.
[01:36:47.000 --> 01:36:53.000]  See, here's the thing, the prosecuting attorney for the state, that's who 2.03 is talking
[01:36:53.000 --> 01:36:54.000]  to.
[01:36:54.000 --> 01:37:01.000]  And when that clerk acting under that official capacity of the head clerk does not do what
[01:37:01.000 --> 01:37:08.000]  the law requires, then 2.03 says that prosecutor was supposed to file an information to that
[01:37:08.000 --> 01:37:13.000]  effect and charge that clerk with their election of duty or whatever.
[01:37:13.000 --> 01:37:18.000]  And that would be the same case for any peace officer, correct?
[01:37:18.000 --> 01:37:24.000]  Any officer that's required to do something mandated by law and does not do it, which the
[01:37:24.000 --> 01:37:32.000]  attorney for the state is made aware of, knows of, sees, learns about, doesn't matter.
[01:37:32.000 --> 01:37:37.000]  Once knowledge enters his mind, he's liable to deal with it.
[01:37:37.000 --> 01:37:40.000]  That also would include any magistrate, right?
[01:37:40.000 --> 01:37:41.000]  Correct.
[01:37:41.000 --> 01:37:45.000]  Okay, all right, someone's in trouble.
[01:37:45.000 --> 01:37:47.000]  They're always in trouble.
[01:37:47.000 --> 01:37:51.000]  The problem is getting whoever needs to know about it to listen.
[01:37:51.000 --> 01:37:53.000]  Yeah, yeah.
[01:37:53.000 --> 01:38:01.000]  So, if I take a, you know, say I filed appeal, they didn't put it on the docket.
[01:38:01.000 --> 01:38:05.000]  I filed a complaint with the district attorney.
[01:38:05.000 --> 01:38:11.000]  You file a motion with the court to have the case dismissed with prejudice for denial of
[01:38:11.000 --> 01:38:12.000]  due process.
[01:38:12.000 --> 01:38:17.000]  You made the appeal, the clerk failed to docket your appeal, thus depriving you of access
[01:38:17.000 --> 01:38:19.000]  to the courts for remedy.
[01:38:19.000 --> 01:38:20.000]  Okay.
[01:38:20.000 --> 01:38:21.000]  All right.
[01:38:21.000 --> 01:38:28.000]  Then you file a criminal complaint in the county court against that clerk of the other
[01:38:28.000 --> 01:38:34.000]  court, even if it is the county court, just like what it says in article five, section
[01:38:34.000 --> 01:38:39.000]  21, all prosecution shall commence in the county court by an information filed by the
[01:38:39.000 --> 01:38:42.000]  county attorney or by affidavit.
[01:38:42.000 --> 01:38:49.000]  Okay, so I can go by affidavit or I can actually go and say I want to speak with the county
[01:38:49.000 --> 01:38:51.000]  attorney and file a complaint.
[01:38:51.000 --> 01:38:52.000]  Correct.
[01:38:52.000 --> 01:38:55.000]  And by law, they have to take the complaint.
[01:38:55.000 --> 01:38:57.000]  If it's against an officer, absolutely.
[01:38:57.000 --> 01:38:59.000]  2.03 makes it mandatory.
[01:38:59.000 --> 01:39:02.000]  Do not count on them doing it, however.
[01:39:02.000 --> 01:39:07.000]  I understand, but I'm just saying the law requires that they do.
[01:39:07.000 --> 01:39:08.000]  Yes.
[01:39:08.000 --> 01:39:09.000]  Okay.
[01:39:09.000 --> 01:39:10.000]  Okay.
[01:39:10.000 --> 01:39:15.000]  And when they refuse, now you've got a much bigger criminal charge against that prosecuting
[01:39:15.000 --> 01:39:20.000]  attorney, 38.05, hindering apprehension or prosecution.
[01:39:20.000 --> 01:39:25.000]  And that would be in addition to misconduct.
[01:39:25.000 --> 01:39:27.000]  Exactly.
[01:39:27.000 --> 01:39:29.000]  Okay.
[01:39:29.000 --> 01:39:31.000]  All right.
[01:39:31.000 --> 01:39:34.000]  I think that sets me up.
[01:39:34.000 --> 01:39:40.000]  If I need any help on the civil end, would I be able to email you?
[01:39:40.000 --> 01:39:41.000]  Sure.
[01:39:41.000 --> 01:39:42.000]  Okay.
[01:39:42.000 --> 01:39:43.000]  All right.
[01:39:43.000 --> 01:39:44.000]  Thanks.
[01:39:44.000 --> 01:39:45.000]  All right, Jeff.
[01:39:45.000 --> 01:39:46.000]  Thanks for calling in.
[01:39:46.000 --> 01:39:47.000]  Appreciate it.
[01:39:47.000 --> 01:39:48.000]  And thanks for coming to the class as well.
[01:39:48.000 --> 01:39:51.000]  Oh, by the way, do you have a Facebook page for that class?
[01:39:51.000 --> 01:39:53.000]  Because if you do, you know a lot of people can.
[01:39:53.000 --> 01:39:54.000]  No, I don't.
[01:39:54.000 --> 01:39:58.000]  Things I do not partake of are social networking sites.
[01:39:58.000 --> 01:40:03.000]  And if you don't know why, then you're not looking at why they exist very well because
[01:40:03.000 --> 01:40:10.000]  believe me, all those sites are used for is to create a roadmap of who's who to go assault
[01:40:10.000 --> 01:40:15.000]  by the general powers that be when they want to harass somebody.
[01:40:15.000 --> 01:40:17.000]  I understand.
[01:40:17.000 --> 01:40:21.000]  But yeah, I understand it would be nice to have and it would probably increase the number
[01:40:21.000 --> 01:40:26.000]  of people attending, but I'm not willing to put myself or other people at risk just
[01:40:26.000 --> 01:40:28.000]  for that purpose.
[01:40:28.000 --> 01:40:31.000]  And to me, that's exactly what such a website would do.
[01:40:31.000 --> 01:40:32.000]  Gotcha.
[01:40:32.000 --> 01:40:34.000]  Well, I appreciate your class.
[01:40:34.000 --> 01:40:36.000]  Keep up the good work.
[01:40:36.000 --> 01:40:37.000]  Yes, sir.
[01:40:37.000 --> 01:40:38.000]  Thank you.
[01:40:38.000 --> 01:40:40.000]  All right, Mitchell.
[01:40:40.000 --> 01:40:41.000]  Let's see.
[01:40:41.000 --> 01:40:42.000]  Mitchell in Texas.
[01:40:42.000 --> 01:40:43.000]  What can we do for you?
[01:40:43.000 --> 01:40:44.000]  Hey, Eddie.
[01:40:44.000 --> 01:40:48.000]  I also was at the class though for anyone out there listening.
[01:40:48.000 --> 01:40:51.000]  Yes, definitely a lot of good stuff going on there.
[01:40:51.000 --> 01:40:53.000]  A couple of quick questions.
[01:40:53.000 --> 01:41:03.000]  In a municipality, if I want to get for a citing officer, the one who issued a citation, records
[01:41:03.000 --> 01:41:12.000]  of his, I guess, complaints against him, citations issued by him, that kind of thing, is that something
[01:41:12.000 --> 01:41:15.000]  that would fall under open records?
[01:41:15.000 --> 01:41:16.000]  Yes.
[01:41:16.000 --> 01:41:17.000]  Okay.
[01:41:17.000 --> 01:41:28.000]  And also in the Texas Open Records Law or the Chapter 552, it says that the judiciary
[01:41:28.000 --> 01:41:38.000]  is not included in the types of documents that are, or records of the judiciary is not included
[01:41:38.000 --> 01:41:40.000]  in this chapter.
[01:41:40.000 --> 01:41:42.000]  That's correct.
[01:41:42.000 --> 01:41:47.000]  The judicial records aren't.
[01:41:47.000 --> 01:41:52.000]  However, dockets, anything held by the clerk of the court relating to a case before the
[01:41:52.000 --> 01:41:56.000]  court is not a judicial record.
[01:41:56.000 --> 01:42:04.000]  It is a public record, and that is under Rule 12 of the Texas Rules of something.
[01:42:04.000 --> 01:42:06.000]  I forget what it is.
[01:42:06.000 --> 01:42:13.000]  In any case, also in the Open Records Act or Chapter 51, I forget, Chapter 51 of the
[01:42:13.000 --> 01:42:19.000]  government code, it specifically states that those records relating to a case before the
[01:42:19.000 --> 01:42:25.000]  court are not required to be filed by open records request or anything else.
[01:42:25.000 --> 01:42:30.000]  They are public records are to be open to the public all the time.
[01:42:30.000 --> 01:42:31.000]  Okay.
[01:42:31.000 --> 01:42:36.000]  They're just to understand what you said, they're not technically considered open records
[01:42:36.000 --> 01:42:43.000]  in terms of Chapter 552, but nevertheless, they are always to be open to the public.
[01:42:43.000 --> 01:42:44.000]  Correct.
[01:42:44.000 --> 01:42:45.000]  Okay.
[01:42:45.000 --> 01:42:46.000]  All right.
[01:42:46.000 --> 01:42:48.000]  Different subject real quick.
[01:42:48.000 --> 01:42:54.000]  We spoke yesterday or it was mentioned by someone else in the class about the Texas
[01:42:54.000 --> 01:42:58.000]  Municipal Corporations Act or something named similar to that.
[01:42:58.000 --> 01:43:02.000]  I couldn't find anything on the web when I searched that.
[01:43:02.000 --> 01:43:06.000]  Is there some more specific name?
[01:43:06.000 --> 01:43:10.000]  I don't have the specific information for that.
[01:43:10.000 --> 01:43:14.000]  I would have to look myself to give you something more specific than that.
[01:43:14.000 --> 01:43:18.000]  Do you remember around the year it was?
[01:43:18.000 --> 01:43:23.000]  The 1800s, 1830s or 40s, I think.
[01:43:23.000 --> 01:43:24.000]  Okay.
[01:43:24.000 --> 01:43:25.000]  All right.
[01:43:25.000 --> 01:43:29.000]  They call the state law library and they could probably tell you at the drop of a hat or
[01:43:29.000 --> 01:43:31.000]  find it within a matter of minutes.
[01:43:31.000 --> 01:43:32.000]  Yeah.
[01:43:32.000 --> 01:43:34.000]  And I was going to head over there actually.
[01:43:34.000 --> 01:43:35.000]  Okay.
[01:43:35.000 --> 01:43:36.000]  Okay.
[01:43:36.000 --> 01:43:37.000]  Thanks a lot, baby.
[01:43:37.000 --> 01:43:38.000]  All right, Mitch.
[01:43:38.000 --> 01:43:39.000]  Thanks for calling in.
[01:43:39.000 --> 01:43:40.000]  All right, folks.
[01:43:40.000 --> 01:43:42.000]  We're going to our last break before the show is out.
[01:43:42.000 --> 01:43:45.000]  Michael, Jesse, John, we'll get you on the other side.
[01:43:45.000 --> 01:43:48.000]  If I can manage to work y'all in, I'll do my best.
[01:43:48.000 --> 01:43:49.000]  This is rule of law radio.
[01:43:49.000 --> 01:43:54.000]  Eddie Craig, Randy Kelton, Deborah Stevens will be right back on the other side of the
[01:43:54.000 --> 01:43:55.000]  world.
[01:43:55.000 --> 01:44:00.000]  Hey, did you hear?
[01:44:00.000 --> 01:44:03.000]  Ron Paul has announced he's running for president in 2012.
[01:44:03.000 --> 01:44:04.000]  Who's Ron Paul?
[01:44:04.000 --> 01:44:05.000]  Really?
[01:44:05.000 --> 01:44:06.000]  Okay.
[01:44:06.000 --> 01:44:07.000]  Put down the cell phone for one minute.
[01:44:07.000 --> 01:44:10.000]  Your friends really don't care about your Twitter updates on what you had for breakfast.
[01:44:10.000 --> 01:44:13.000]  Oh, but I love to make those little smiley faces with punctuation marks.
[01:44:13.000 --> 01:44:14.000]  Of course you do.
[01:44:14.000 --> 01:44:15.000]  Now, listen closely.
[01:44:15.000 --> 01:44:18.000]  You need to go down to Brave New Books and learn as much as you can about Ron Paul and
[01:44:18.000 --> 01:44:20.000]  his message before it's too late.
[01:44:20.000 --> 01:44:23.000]  They have all of his books and many of the books he talks about.
[01:44:23.000 --> 01:44:27.000]  They also have t-shirts, bumper stickers and yard signs so that you can show your support
[01:44:27.000 --> 01:44:28.000]  for him during the campaign.
[01:44:28.000 --> 01:44:29.000]  Brave New Books?
[01:44:29.000 --> 01:44:31.000]  Do they have Harry Potter and Twilight?
[01:44:31.000 --> 01:44:35.000]  No, but they do carry a large selection of survival and preparedness books to protect
[01:44:35.000 --> 01:44:37.000]  your family in time of emergency.
[01:44:37.000 --> 01:44:39.000]  That sounds like that show on the Discovery Channel.
[01:44:39.000 --> 01:44:43.000]  Yeah, there's even a wilderness survival expert that teaches classes called Earth Skills
[01:44:43.000 --> 01:44:47.000]  School that you can sign up for on the website bravenewbookstore.com.
[01:44:47.000 --> 01:44:48.000]  What are you doing?
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[01:46:28.000 --> 01:46:54.000]  Hi folks, we are back.
[01:46:54.000 --> 01:46:55.000]  This is Rule of Law Radio.
[01:46:55.000 --> 01:46:58.000]  We are in the last segment of the show.
[01:46:58.000 --> 01:46:59.000]  We have Michael, Jesse, and John.
[01:46:59.000 --> 01:47:01.000]  We're going to get you guys wrapped up if we can.
[01:47:01.000 --> 01:47:03.000]  Michael and Marilyn, what can we do for you?
[01:47:03.000 --> 01:47:04.000]  Hi there.
[01:47:04.000 --> 01:47:05.000]  Good question.
[01:47:05.000 --> 01:47:10.000]  In this one case, I'm dealing with a company that puts up these, they have contracts with
[01:47:10.000 --> 01:47:14.000]  the municipalities to take the automated traffic enforcement tickets.
[01:47:14.000 --> 01:47:23.000]  Question, I'm interested in possibly doing either or a tort action for damages and possibly
[01:47:23.000 --> 01:47:32.000]  a criminal action because the way it played out, the parent company of the so-called Citation
[01:47:32.000 --> 01:47:40.000]  Dispatch Center, the Citation Dispatch Center for the camera company, the company that actually
[01:47:40.000 --> 01:47:44.000]  created the camera technology and put it in place and contracted with the municipality,
[01:47:44.000 --> 01:47:48.000]  the parent company is actually the one doing the citation processing.
[01:47:48.000 --> 01:47:50.000]  We sent in a letter.
[01:47:50.000 --> 01:47:53.000]  First off, what kind of citation are we talking about?
[01:47:53.000 --> 01:47:54.000]  You say automated.
[01:47:54.000 --> 01:47:55.000]  Are you talking a red light camera?
[01:47:55.000 --> 01:47:56.000]  Yes, sir.
[01:47:56.000 --> 01:47:57.000]  Yes, sir.
[01:47:57.000 --> 01:47:58.000]  Okay.
[01:47:58.000 --> 01:48:02.000]  In your state, is a red light camera ticket civil or criminal?
[01:48:02.000 --> 01:48:03.000]  Civil.
[01:48:03.000 --> 01:48:04.000]  Okay.
[01:48:04.000 --> 01:48:05.000]  It's civil.
[01:48:05.000 --> 01:48:06.000]  Who adjudicates it?
[01:48:06.000 --> 01:48:07.000]  District court.
[01:48:07.000 --> 01:48:08.000]  Why?
[01:48:08.000 --> 01:48:10.000]  The district court.
[01:48:10.000 --> 01:48:11.000]  Yeah.
[01:48:11.000 --> 01:48:12.000]  Okay.
[01:48:12.000 --> 01:48:17.500]  If the district court is doing it, are they doing it through an administrative procedure
[01:48:17.500 --> 01:48:20.000]  or a judicial procedure?
[01:48:20.000 --> 01:48:23.500]  I really don't know how I'd even begin to find that out.
[01:48:23.500 --> 01:48:32.000]  Ask them, is this an administrative hearing for this ticket or is it an actual judicial
[01:48:32.000 --> 01:48:36.000]  proceeding in a civil case?
[01:48:36.000 --> 01:48:39.000]  Administrative hearing versus a judicial hearing?
[01:48:39.000 --> 01:48:42.000]  Judicial hearing in a civil case.
[01:48:42.000 --> 01:48:44.000]  See, here's the problem.
[01:48:44.000 --> 01:48:49.400]  If it's a judicial hearing in a civil case, then you had to have violated a contract with
[01:48:49.400 --> 01:48:52.900]  somebody, an agreement.
[01:48:52.900 --> 01:48:59.760]  If it's an administrative hearing, then it's an administrative finding of guilt or innocence
[01:48:59.760 --> 01:49:02.600]  without judicial review.
[01:49:02.600 --> 01:49:12.400]  And according to every bit of case law history there is, if you have a legislative or administrative
[01:49:12.400 --> 01:49:20.400]  finding of guilt in any type of case, then it is either A, a bill of attainder, or B,
[01:49:20.400 --> 01:49:22.400]  a bill of pains and penalties.
[01:49:22.400 --> 01:49:24.400]  And both of those are illegal.
[01:49:24.400 --> 01:49:25.400]  Right.
[01:49:25.400 --> 01:49:26.900]  Well, I'm not sure if you understood.
[01:49:26.900 --> 01:49:27.900]  Thank you.
[01:49:27.900 --> 01:49:30.400]  I have gone through that with you guys, and that's awfully good to have it reviewed.
[01:49:30.400 --> 01:49:32.400]  And I plan on attacking that.
[01:49:32.400 --> 01:49:36.400]  But in interest of others who want to get online, let me just kind of share this with you briefly.
[01:49:36.400 --> 01:49:42.400]  Again, they denied us our remedy at the law.
[01:49:42.400 --> 01:49:45.400]  The remedy said if we sent in a letter saying that the person they cited, which was my wife,
[01:49:45.400 --> 01:49:50.400]  was not the driver, then you could do that.
[01:49:50.400 --> 01:49:53.400]  They did not right say that you'd be dismissed, but it was implied.
[01:49:53.400 --> 01:49:59.400]  So we sent in the letter and also added as an additional incentive to get them to send me a citation
[01:49:59.400 --> 01:50:02.400]  and invite me into court so I could fight this battle instead of my wife.
[01:50:02.400 --> 01:50:08.400]  I even sent in a separate addendum to her letter saying I was the operator of the vehicle on that day.
[01:50:08.400 --> 01:50:15.400]  Anyway, and so the citation processing center, again, the parent company of the camera operator,
[01:50:15.400 --> 01:50:19.400]  called and left a message saying we've checked with the Maryland Vehicle Administration
[01:50:19.400 --> 01:50:23.400]  and because you're a co-owner, the citation is not dismissed.
[01:50:23.400 --> 01:50:25.400]  Now, since when can they do that?
[01:50:25.400 --> 01:50:29.400]  That's a total violation of my due process rights as well as a conflict of interest.
[01:50:29.400 --> 01:50:35.400]  Here's how they can do that. They can do that because you made a confession.
[01:50:35.400 --> 01:50:37.400]  Don't do that.
[01:50:37.400 --> 01:50:42.400]  Right. Well, I basically was trying my best to get them to come at me.
[01:50:42.400 --> 01:50:44.400]  Well, you got it.
[01:50:44.400 --> 01:50:47.400]  Well, I want them to come at me and send me a citation. We availed of our remedy.
[01:50:47.400 --> 01:50:53.400]  They're not. Remember, the citation is to the owner of the car and you're one of them.
[01:50:53.400 --> 01:50:58.400]  Therefore, it's just as good when they haul you to court as it is her.
[01:50:58.400 --> 01:51:06.400]  And all you did was throw your ability to defend yourself right out the window by saying, I did it.
[01:51:06.400 --> 01:51:13.400]  Especially if you said I was the operator of the motor vehicle on that day.
[01:51:13.400 --> 01:51:19.400]  You walked right in there, arms wide and said, give me a big one right in my pocket book.
[01:51:19.400 --> 01:51:24.400]  And they're going to applaud you.
[01:51:24.400 --> 01:51:32.400]  Okay, well, I'll turn it over to other calls, but I must say, I think you're being a little too finalistic on this because they...
[01:51:32.400 --> 01:51:40.400]  Well, I'm not saying you can't beat it. I'm just saying that right now you've limited your chances to slim to none.
[01:51:40.400 --> 01:51:45.400]  Right. So since when do they get the right to, you know, deny me a due process?
[01:51:45.400 --> 01:51:50.400]  They don't. But you still have to make the argument of due process.
[01:51:50.400 --> 01:51:56.400]  You're still going to have to go with the bill of attainder or the bill of pains and penalties.
[01:51:56.400 --> 01:52:03.400]  But you need to find out how it's being adjudicated first if it's being adjudicated at all rather than administratively heard.
[01:52:03.400 --> 01:52:07.400]  What about impersonating a public official, things like that? I mean...
[01:52:07.400 --> 01:52:11.400]  They're... Well, who are they impersonating?
[01:52:11.400 --> 01:52:18.400]  They sent you a bill saying you did this, pay us this and you said I'm the guy that did it.
[01:52:18.400 --> 01:52:20.400]  No, they sent my wife a bill, actually.
[01:52:20.400 --> 01:52:33.400]  Well, but then you said it wasn't her, it was me, and because it was made out to the owner of which she is just one of two, then that didn't alleviate you.
[01:52:33.400 --> 01:52:35.400]  You see the problem?
[01:52:35.400 --> 01:52:43.400]  Well, the only problem I see is that they're assuming the right to make that judicial determination, which as far as I can tell, they don't have that latitude.
[01:52:43.400 --> 01:52:53.400]  They don't. That's it. They don't have the right to make a judicial determination, but the district court does if the law makes it a judicially heard case.
[01:52:53.400 --> 01:52:57.400]  Oh, I see what you mean. Therein lies the question. Is it judicial or is it administrative?
[01:52:57.400 --> 01:52:58.400]  Correct.
[01:52:58.400 --> 01:53:01.400]  Thank you. Thank you. I'll check into it. Thank you so much.
[01:53:01.400 --> 01:53:02.400]  You're welcome.
[01:53:02.400 --> 01:53:03.400]  Right, bye-bye.
[01:53:03.400 --> 01:53:04.400]  All right, bye-bye.
[01:53:04.400 --> 01:53:09.400]  Okay, let's get to Jesse in Texas. All right, Jesse, what can we do for you?
[01:53:09.400 --> 01:53:20.400]  Hi, Eddie. I have two citations that are already warranted because of failure to appear.
[01:53:20.400 --> 01:53:27.400]  The first one is in Ellis County, and I have like a docket number.
[01:53:27.400 --> 01:53:36.400]  I believe that was probably five years ago, close to four or five years ago, and I was pulled over for speeding.
[01:53:36.400 --> 01:53:39.400]  I'm trying to find out what can I do?
[01:53:39.400 --> 01:53:44.400]  Well, the first thing you need to find out is whether or not there was ever a complaint filed.
[01:53:44.400 --> 01:53:53.400]  If there was never a complaint filed, then they've got a problem because there's no real issue before the court except for the failure to appear.
[01:53:53.400 --> 01:54:01.400]  If they didn't file a complaint against you for the traffic citation, that's dead and gone at the end of two years.
[01:54:01.400 --> 01:54:07.400]  However, there's still the outstanding issue of the failure to appear.
[01:54:07.400 --> 01:54:08.400]  Okay?
[01:54:08.400 --> 01:54:09.400]  Yes.
[01:54:09.400 --> 01:54:13.400]  Now, that's going to have to be handled differently.
[01:54:13.400 --> 01:54:18.400]  But the question is, if they fail to prosecute the original case, does it drop the second one?
[01:54:18.400 --> 01:54:26.400]  The answer is no, not according to file 43 transportation code because it is a completely separate offense,
[01:54:26.400 --> 01:54:34.400]  not related in any way to the ticket other than you fail to abide by the promise to appear on said ticket.
[01:54:34.400 --> 01:54:36.400]  Yes.
[01:54:36.400 --> 01:54:47.400]  So, if it's gone to warrant for failure to appear, then what we need to find out is when was the warrant issued,
[01:54:47.400 --> 01:54:52.400]  was there a complaint placed before the court, and so on and so forth.
[01:54:52.400 --> 01:55:04.400]  Those are all going to be due process problems for them because the citation does not vest the court with jurisdiction to do anything.
[01:55:04.400 --> 01:55:08.400]  Neither does the complaint.
[01:55:08.400 --> 01:55:16.400]  Somebody needed to have created the complaint, and somebody needs to have turned it into a charging instrument.
[01:55:16.400 --> 01:55:20.400]  If that wasn't done, then the warrant's not legal.
[01:55:20.400 --> 01:55:23.400]  The problem is, is what do you do about it in the meantime?
[01:55:23.400 --> 01:55:27.400]  The only way to nullify the warrant is to appear in court and challenge it.
[01:55:27.400 --> 01:55:33.400]  But you need to be able to post bond if they decide to charge you with it.
[01:55:33.400 --> 01:55:39.400]  If you can't post bond, they'll lock you up until you do make bond.
[01:55:39.400 --> 01:55:41.400]  Okay.
[01:55:41.400 --> 01:55:45.400]  And Ellis County, that's over there by Dallas?
[01:55:45.400 --> 01:55:49.400]  I don't know where Ellis County is or off the top of my head.
[01:55:49.400 --> 01:55:51.400]  Okay.
[01:55:51.400 --> 01:55:59.400]  The second one was at the city of Bernie.
[01:55:59.400 --> 01:56:01.400]  How long ago was that one?
[01:56:01.400 --> 01:56:03.400]  That one was like the same thing.
[01:56:03.400 --> 01:56:05.400]  I think it was like three or four years ago.
[01:56:05.400 --> 01:56:09.400]  Okay. Same situation, same type of problem.
[01:56:09.400 --> 01:56:10.400]  Okay.
[01:56:10.400 --> 01:56:15.400]  Now, just an FYI for future reference, go to court.
[01:56:15.400 --> 01:56:16.400]  Yes.
[01:56:16.400 --> 01:56:21.400]  It doesn't have to be on a day just within the date that they say,
[01:56:21.400 --> 01:56:25.400]  file an affidavit of appearance with the clerk of the court.
[01:56:25.400 --> 01:56:26.400]  You're done.
[01:56:26.400 --> 01:56:28.400]  They can't issue a warrant.
[01:56:28.400 --> 01:56:33.400]  The ball is now in their court and you're home free until they do something.
[01:56:33.400 --> 01:56:36.400]  But at least they can't issue a warrant.
[01:56:36.400 --> 01:56:37.400]  Actual court date?
[01:56:37.400 --> 01:56:39.400]  File the affidavit?
[01:56:39.400 --> 01:56:40.400]  Correct.
[01:56:40.400 --> 01:56:46.400]  When you get the citation, it says I promise to appear on or before a certain date and time.
[01:56:46.400 --> 01:56:48.400]  Do that.
[01:56:48.400 --> 01:56:52.400]  Just take a signed and sworn affidavit and file it in the court record.
[01:56:52.400 --> 01:56:56.400]  I was here on this date at this time in this court.
[01:56:56.400 --> 01:56:58.400]  File this in the record.
[01:56:58.400 --> 01:57:01.400]  Then go home.
[01:57:01.400 --> 01:57:03.400]  Okay.
[01:57:03.400 --> 01:57:09.400]  And until they notify you to come back, they can't be issuing any warrants.
[01:57:09.400 --> 01:57:11.400]  Okay.
[01:57:11.400 --> 01:57:17.400]  And it doesn't matter if somebody's in the courtroom or not?
[01:57:17.400 --> 01:57:20.400]  No, it doesn't matter.
[01:57:20.400 --> 01:57:24.400]  Because usually there's always a recorder on anyway inside the courtroom, right?
[01:57:24.400 --> 01:57:25.400]  Something like that.
[01:57:25.400 --> 01:57:27.400]  You're not going in the courtroom.
[01:57:27.400 --> 01:57:30.400]  You're going to the clerk and you're going to tell the clerk,
[01:57:30.400 --> 01:57:33.400]  I'm here to make my appearance on this citation.
[01:57:33.400 --> 01:57:40.400]  They'll usually tell you 99.9% of the time will the magistrate's not in.
[01:57:40.400 --> 01:57:41.400]  Okay, fine.
[01:57:41.400 --> 01:57:43.400]  I've still made my appearance.
[01:57:43.400 --> 01:57:45.400]  Here's an affidavit.
[01:57:45.400 --> 01:57:47.400]  Put it in the record.
[01:57:47.400 --> 01:57:51.400]  Okay.
[01:57:51.400 --> 01:57:53.400]  And then go home.
[01:57:53.400 --> 01:57:56.400]  Now you're covered.
[01:57:56.400 --> 01:58:01.400]  Okay, but right now I got a pulse bond and go to court.
[01:58:01.400 --> 01:58:04.400]  Right now you need to make an appearance in the court
[01:58:04.400 --> 01:58:08.400]  and they will most likely tell you that you have to post a bond.
[01:58:08.400 --> 01:58:09.400]  Okay.
[01:58:09.400 --> 01:58:13.400]  And then I think I had another ticket for no insurance when I had insurance.
[01:58:13.400 --> 01:58:14.400]  Okay.
[01:58:14.400 --> 01:58:16.400]  Jesse, that's all we can deal with.
[01:58:16.400 --> 01:58:17.400]  We're out of time.
[01:58:17.400 --> 01:58:22.400]  You need to either call me back Thursday or get this other stuff taken care of first.
[01:58:22.400 --> 01:58:24.400]  If not, call us Thursday, okay?
[01:58:24.400 --> 01:58:25.400]  Okay.
[01:58:25.400 --> 01:58:26.400]  Thank you.
[01:58:26.400 --> 01:58:31.400]  All right, John Paula, Dale Sargo, weren't able to get to you.
[01:58:31.400 --> 01:58:32.400]  I apologize.
[01:58:32.400 --> 01:58:34.400]  I'm just not as fast as I need to be, I guess.
[01:58:34.400 --> 01:58:37.400]  But thank you all so much for calling in and listening to the show.
[01:58:37.400 --> 01:58:39.400]  This has been Rural of Law Radio.
[01:58:39.400 --> 01:58:40.400]  I'm Eddie Craig.
[01:58:40.400 --> 01:58:41.400]  Never Stevens.
[01:58:41.400 --> 01:58:44.400]  And Randy Kelton, if and when he's ever here.
[01:58:44.400 --> 01:58:48.400]  You folks have a great night and thanks for listening to us.
[01:58:48.400 --> 01:58:50.400]  God bless.
[01:58:50.400 --> 01:58:59.400]  If you are a police, a police, I bet you choose me.
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