ROL_2013-03-28_16k.timecode

[00:00.000 --> 00:10.000]  You're listening to the Liberty Beats, your daily source for Liberty News and activist
[00:10.000 --> 00:15.880]  updates online at TheLibertyBeats.com.
[00:15.880 --> 00:20.400]  John Bush here with your Liberty Beats from March 21, 2013.
[00:20.400 --> 00:29.920]  Gold open today at $1,609, silver at $28.96, and Bitcoin is trading at $68.26.
[00:29.920 --> 00:34.400]  Today's edition of the Liberty Beat is sponsored in part by Brave New Books, your central Texas
[00:34.400 --> 00:41.120]  supplier of One World Way and Tangy Tangerine, online at bravenewbookstore.com.
[00:41.120 --> 00:44.200]  And now the news.
[00:44.200 --> 00:48.640]  Two remote-controlled drone helicopters could be photographing crime scenes and searching
[00:48.640 --> 00:51.880]  for missing people in Arlington as soon as next month.
[00:51.880 --> 00:55.960]  Arlington Police Chief Will Johnson announced Thursday that the Federal Aviation Administration
[00:55.960 --> 01:04.560]  is given the city permission to get the rotors turning on the project in late February.
[01:04.560 --> 01:09.400]  New Hampshire is one step closer to becoming the 19th state to legalize medical marijuana.
[01:09.400 --> 01:14.280]  On Wednesday, the state House voted 286 to 64 to approve legislation that would allow
[01:14.280 --> 01:18.400]  patients with chronic or terminal diseases to use medical marijuana if their doctors
[01:18.400 --> 01:19.400]  recommended it.
[01:19.400 --> 01:23.880]  The bill allows for state-licensed marijuana dispensaries to open and grants patients or
[01:23.880 --> 01:27.080]  caregivers the right to grow up to three cannabis plants.
[01:27.080 --> 01:30.480]  The bill now moves to the New Hampshire Senate, where a similar legislation was approved in
[01:30.480 --> 01:32.800]  2009 and in 2012.
[01:32.800 --> 01:37.040]  The Republican-led New Hampshire legislature approved marijuana bill last year, but it
[01:37.040 --> 01:40.160]  was vetoed by Democratic Governor John Lynch.
[01:40.160 --> 01:43.800]  Governor claimed the legislation was too open to abuse by those who didn't really need
[01:43.800 --> 01:47.880]  the drug.
[01:47.880 --> 01:53.360]  In another blow to genetically modified organisms, several major U.S. food retailers have signed
[01:53.360 --> 02:03.160]  on to the campaign for GE Free Seafood, found at www.foe.org slash GE Free Seafood.
[02:03.160 --> 02:07.120]  These retailers include Whole Foods, Trader Joe's, Aldi and more.
[02:07.120 --> 02:11.160]  It's the latest private sector blow to the deceptive biotech industry.
[02:11.160 --> 02:14.800]  Activist organizations like Natural News, the Organic Consumers Association and the
[02:14.800 --> 02:18.960]  Institute for Responsible Technology have helped organize constant grassroots pressure
[02:18.960 --> 02:24.720]  on food retailers to either label GMOs or reject them outright.
[02:24.720 --> 02:29.160]  The Liberty Beat is sponsored by Pure Rain, chemical and fluoride-free bottled water available
[02:29.160 --> 02:35.240]  at Central Market and Whole Foods grocery stores, online at PureRainUSA.com.
[02:35.240 --> 02:40.520]  And by Central Texas Gun Works, self-defense training, CHL courses and firearm sales, online
[02:40.520 --> 02:43.240]  at CentralTexasGunWorks.com.
[02:43.240 --> 02:50.880]  This is the Liberty Beat, for March 21, 2013, find us online at TheLibertyBeat.com.
[02:50.880 --> 03:16.920]  Check the Liberty Beat on Facebook at facebook.com slash www.TheLibertyBeat.com.
[03:20.880 --> 03:42.520]  Okay, we are here ready to do what we need to do when they come for you.
[03:42.520 --> 03:48.200]  This is Randy Kelton, Denver Stevens, we will blow radio on this Thursday, the 28th
[03:48.200 --> 03:53.960]  day of March, I can't believe it's this far through the year already.
[03:53.960 --> 03:59.640]  Tonight, we're going to, I'm going to try a bit of an experiment.
[03:59.640 --> 04:07.400]  I have the American Bar Association standards, model standards and the standards for the
[04:07.400 --> 04:17.600]  prosecutorial function, up and cooking on our BarGrevenus.net and I'm refining the appearance
[04:17.600 --> 04:23.840]  and some of the notations to make this thing easier to work with.
[04:23.840 --> 04:29.600]  And tonight, I'd like to try to get some input from our listeners.
[04:29.600 --> 04:37.640]  I'm going to go through the, I'll start out with the American Bar Association standards
[04:37.640 --> 04:41.840]  and I'll go through primarily client-lawyer relationship.
[04:41.840 --> 04:51.240]  There are a number of titles here and there's one for your relationship with your lawyer
[04:51.240 --> 04:59.840]  and then there's Rule 2 goes to the duty of learning counsel to give sound advice.
[04:59.840 --> 05:07.960]  Section 3 is not something that we would be terribly interested in, not as much as the
[05:07.960 --> 05:16.720]  how the lawyer practices law and then transactions with other, with persons other than clients.
[05:16.720 --> 05:20.720]  We'll probably have some interest in that but we won't have time to get to it.
[05:20.720 --> 05:32.920]  We may want to get to 8, 5 goes to firms in association, 6 public service, 7 information
[05:32.920 --> 05:38.760]  about legal services that has to do with their advertising and such and then we'll get down
[05:38.760 --> 05:41.040]  to 8.
[05:41.040 --> 05:48.160]  We want to go through that one because that one has a section on misconduct and reporting,
[05:48.160 --> 05:53.040]  on misconduct which I especially want people to know about because this is a pretty good
[05:53.040 --> 05:57.640]  one to bushwhack a lawyer with.
[05:57.640 --> 06:07.920]  But what I would like is as I go through these, if you have had experience in the courts and
[06:07.920 --> 06:15.560]  you have had lawyers represent you and they have pulled any of these shenanigans, I would
[06:15.560 --> 06:26.760]  like you to email me some, just a brief of what occurred and what I'll be doing is adding
[06:26.760 --> 06:37.800]  notations to each of these items as explanation to the user so that when the user clicks on
[06:37.800 --> 06:43.200]  one of these, like we'll start out with the lawyer-client relationship and the very first
[06:43.200 --> 06:52.440]  one, Rule 1.1, did the lawyer demonstrate competence?
[06:52.440 --> 07:03.520]  We have taken the American Bar Association model standards and taken the statement of
[07:03.520 --> 07:09.800]  law and converted it into a question and here the question is, did the lawyer fail to demonstrate
[07:09.800 --> 07:18.720]  the knowledge, skill, thoroughness, and preparation reasonably necessary for the adequate representation
[07:18.720 --> 07:21.560]  of your case?
[07:21.560 --> 07:28.520]  If the lawyer failed to do that, send me an email saying the lawyer failed to demonstrate
[07:28.520 --> 07:36.320]  the knowledge, skill, thoroughness, preparation necessary, explain what the lawyer did or did
[07:36.320 --> 07:42.840]  not do that you felt like indicated that he didn't know what the heck he was doing and
[07:42.840 --> 07:50.640]  after coming, presenting himself to you as learning counsel, failed to conduct himself
[07:50.640 --> 07:58.440]  in a manner that a reasonable person would expect of learning counsel.
[07:58.440 --> 08:09.760]  Okay, that's Rule 1.2, goes to the scope of representation and allocation of authority
[08:09.760 --> 08:18.000]  between the lawyer and the client, said, did the lawyer fail to abide by your decisions
[08:18.000 --> 08:22.640]  concerning objectives of representation?
[08:22.640 --> 08:30.080]  I hear this probably as much as any other complaint that I ever hear about a lawyer and
[08:30.080 --> 08:39.560]  each one of these that I'm reading is specific grounds for lodging a complaint against a
[08:39.560 --> 08:49.200]  lawyer and there's language that used to be in the standards that has recently been taken
[08:49.200 --> 08:50.200]  out.
[08:50.200 --> 08:59.040]  It used to say that it is unethical conduct for a lawyer to, and then it would state
[08:59.040 --> 09:02.520]  the standard that it was addressing.
[09:02.520 --> 09:09.400]  They took out those terms, they don't directly call it unethical conduct, but the purpose
[09:09.400 --> 09:16.800]  of the standards were to address unethical conduct, so we'll consider it unethical conduct
[09:16.800 --> 09:18.520]  for them to do any of this stuff.
[09:18.520 --> 09:25.120]  Okay, the second one is, did the lawyer consult with you as to the means by which your decisions
[09:25.120 --> 09:28.320]  could be pursued?
[09:28.320 --> 09:33.040]  If he failed to do so, send me an email, tell me how he failed to do so.
[09:33.040 --> 09:39.200]  And what I'll do is attach to each one of these a notation saying, you know, here are
[09:39.200 --> 09:48.600]  examples of how the lawyer failed to pursue means by which your decisions could be pursued
[09:48.600 --> 09:52.640]  and give people examples so that they'll kind of know what to look for.
[09:52.640 --> 10:03.120]  A lot of times in a lot of these, it's not always clear what the standard goes to, not
[10:03.120 --> 10:10.080]  being lawyers, we don't always understand the inside workings of the profession.
[10:10.080 --> 10:14.320]  And sometimes we'll read some and it won't make sense to us until we've read some examples
[10:14.320 --> 10:20.440]  of how other people have been mistreated and how they addressed it.
[10:20.440 --> 10:28.360]  So now we're going to go to, did the lawyer take such action on your behalf as was impliedly
[10:28.360 --> 10:32.360]  authorized?
[10:32.360 --> 10:38.560]  This is where something comes up where the lawyer should have taken some action, whether
[10:38.560 --> 10:45.440]  you were there or not, and didn't take the action and then uses the excuse that he didn't
[10:45.440 --> 10:49.200]  do it because you didn't directly authorize him.
[10:49.200 --> 10:56.000]  Did the lawyer abide by your decision rather to settle a matter?
[10:56.000 --> 11:05.400]  And this is another one we get a lot of people addressing where they have indicated to the
[11:05.400 --> 11:12.360]  lawyer that they do not wish to enter a plea, they do not wish to plead guilty or whatever,
[11:12.360 --> 11:19.440]  but the lawyer continues to pressure them to take a deal.
[11:19.440 --> 11:25.400]  I think anyone who's ever been represented in a criminal case will have had their lawyer
[11:25.400 --> 11:30.040]  violate this standard.
[11:30.040 --> 11:36.040]  Now we're going to go to, as to criminal prosecution, these are specific to criminal.
[11:36.040 --> 11:42.880]  Did the lawyer consult with you as to a plea to be entered?
[11:42.880 --> 11:49.440]  Did the lawyer advise you rather to waive jury trial?
[11:49.440 --> 11:55.760]  Did the lawyer consult with you as to testify?
[11:55.760 --> 12:01.080]  If you wanted to testify and he didn't give you the opportunity, I think most of these
[12:01.080 --> 12:07.840]  are self-explanatory, so I won't waste you a lot of time, there's a lot of them.
[12:07.840 --> 12:12.840]  Did the lawyer limit the scope of representation because the lawyer did not agree with your
[12:12.840 --> 12:20.720]  political, economic, social, or moral views or activities?
[12:20.720 --> 12:25.920]  Did the lawyer limit the scope of representation without your informed consent?
[12:25.920 --> 12:33.640]  This may be the biggest area of lawyer malpractice.
[12:33.640 --> 12:39.680]  In order to appreciate this, you have to understand where the lawyer lives.
[12:39.680 --> 12:45.920]  The lawyer lives inside a lawyer box, and it's really hard for that lawyer to get out
[12:45.920 --> 12:54.640]  of that lawyer box because the lawyer has a bar card that he has to protect, and lawyers
[12:54.640 --> 13:07.320]  are terribly afraid that if they inartfully argue an issue, the judges and the bar will
[13:07.320 --> 13:10.760]  take a very dim light on that.
[13:10.760 --> 13:14.920]  That's probably one of the things that'll get a lawyer sanctioned quicker than anything
[13:14.920 --> 13:20.920]  else, and that kind of goes to lawyer arrogance.
[13:20.920 --> 13:25.560]  Lawyers get out of law school and they've learned a whole lot about law, but they haven't
[13:25.560 --> 13:30.120]  learned much about the actual practice of law.
[13:30.120 --> 13:41.760]  But when you secure counsel, he necessarily represents himself as learning counsel, but
[13:41.760 --> 13:45.280]  he really knows he don't know squat.
[13:45.280 --> 13:50.760]  So he has to put on this song and dance and seltzer down your pants.
[13:50.760 --> 13:59.600]  He has to put on the impression of being learning counsel when he knows that's not the truth.
[13:59.600 --> 14:06.240]  And I had a very interesting book, it belonged to a friend of mine, Ken Magnuson, on this
[14:06.240 --> 14:07.240]  issue.
[14:07.240 --> 14:17.040]  It was by a psychiatrist who had been a lawyer, went back to school, got his doctorate in
[14:17.040 --> 14:21.840]  psychiatry, and only treated lawyers.
[14:21.840 --> 14:27.360]  And primarily he treated lawyers for this imposter syndrome.
[14:27.360 --> 14:33.160]  They knew they were imposters, he knew they were imposters, but their clients didn't necessarily
[14:33.160 --> 14:39.520]  know they were imposters and they had to keep up this show and he said it made lawyers crazy.
[14:39.520 --> 14:42.960]  And the reason he treated lawyers is they never got better.
[14:42.960 --> 14:50.280]  But they're in this situation where they have to deal with these arrogant judges who can
[14:50.280 --> 14:52.600]  end their career at the drop of a hat.
[14:52.600 --> 15:00.880]  So when you ask a lawyer to adjudicate an issue he's not familiar with, he will do everything
[15:00.880 --> 15:06.120]  he can to keep you from forcing him to address that issue.
[15:06.120 --> 15:13.160]  Not because the issue isn't valid, but not because it wouldn't help your case, but because
[15:13.160 --> 15:17.480]  he doesn't know how to address the issue.
[15:17.480 --> 15:22.440]  And if he doesn't know how to address an issue and fails to address an issue for that reason,
[15:22.440 --> 15:25.880]  that is definitely unethical conduct.
[15:25.880 --> 15:33.960]  And if you discover that in a case a lawyer failed to address an issue that would have
[15:33.960 --> 15:39.720]  been favorable to your case, you can go back and sue the lawyer for malpractice.
[15:39.720 --> 15:55.080]  This bargrevance.net site is really the test band, the setup for a site that will write
[15:55.080 --> 16:01.920]  malpractice suits against lawyers based on the information gathered through the bar grievance.
[16:01.920 --> 16:09.400]  So when you go in and fill out the bar grievance, you'll also collect information to spit you
[16:09.400 --> 16:14.600]  out a malpractice suit against a lawyer.
[16:14.600 --> 16:25.200]  And this is not so much to beat up the lawyers, but it's to give the lawyers plausible deniability.
[16:25.200 --> 16:29.520]  Now the lawyer has to go into court and say, Your Honor, I know you would rather not hear
[16:29.520 --> 16:30.520]  this issue.
[16:30.520 --> 16:35.840]  I know you'd rather be out there playing golf and taking it easy, rather than being here
[16:35.840 --> 16:42.600]  in court hearing all this stuff, but my client's going to kick my behind if I don't do this.
[16:42.600 --> 16:46.840]  So you've got to cover me here and make it right.
[16:46.840 --> 16:55.120]  Okay, this is Randy Kelton, Deborah Stevens, rule of law radio, a call in number 512-646-1984.
[16:55.120 --> 16:59.120]  Give us a call, send us an e-mail, we'll be right in the back with you.
[16:59.120 --> 17:13.720]  Thought that I was doing well, but the truth to you I'll tell, MSG and GMO really ain't
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[19:19.480 --> 19:48.080]  Okay, we are back.
[19:48.080 --> 19:55.080]  Thank you so much for watching this video.
[20:18.080 --> 20:29.040]  I have someone who is going to go through this and edit it for me and I came to Austin.
[20:29.040 --> 20:36.360]  Part of the reason was to get this to her but I had a family emergency and interfered
[20:36.360 --> 20:38.640]  with all of that.
[20:38.640 --> 20:41.880]  But I will have it in a week or so, I'll have all of these minor little errors.
[20:41.880 --> 20:45.960]  I just noticed a misspelling in there is why I said that.
[20:45.960 --> 20:54.200]  But if you have been screwed around by a lawyer, if you have paid a lawyer to help you and
[20:54.200 --> 21:05.840]  he didn't, then we offer Bargreaves.net as a way to make it so that lawyers can help
[21:05.840 --> 21:06.840]  you.
[21:06.840 --> 21:12.360]  I know several people who are lawyers and for the most part ordinary human beings become
[21:12.360 --> 21:13.360]  lawyers.
[21:13.360 --> 21:28.360]  There is not some special segment of the society that totally lacks scruples and are necessarily
[21:28.360 --> 21:33.320]  drawn into the profession of lawyer that is not how it works.
[21:33.320 --> 21:35.520]  Same with police officers.
[21:35.520 --> 21:43.680]  We tend to have people who want to become lawyers for the most part so they can help
[21:43.680 --> 21:44.680]  people.
[21:44.680 --> 21:50.960]  Some people do it because they feel like they can get rich at it and there is always going
[21:50.960 --> 21:57.360]  to be a segment of the population who are unscrupulous by nature but that's a small segment.
[21:57.360 --> 21:59.560]  Most people, they want to do the right thing.
[21:59.560 --> 22:04.360]  Lawyers go to school for six to eight years.
[22:04.360 --> 22:09.120]  I don't know of a single lawyer who went to college for six to eight years and incurred
[22:09.120 --> 22:14.720]  tremendous debt so that he could spend the rest of his professional career kissing some
[22:14.720 --> 22:18.000]  arrogant judges behind.
[22:18.000 --> 22:22.800]  But that is the condition that has evolved.
[22:22.800 --> 22:26.520]  This is not something someone created.
[22:26.520 --> 22:30.840]  It's how things just evolved.
[22:30.840 --> 22:37.600]  Someone who's been in a marriage for a long time understands that over time, if we are
[22:37.600 --> 22:45.360]  not extremely careful in how we deal with things, situations just deteriorate and we
[22:45.360 --> 22:51.080]  look around one day and we think, how did we get into this mess?
[22:51.080 --> 23:00.080]  Well, in terms of law, our founders were very judicious in putting together checks and balances
[23:00.080 --> 23:09.560]  and structuring a form of government that would be self-correcting.
[23:09.560 --> 23:21.320]  But it depended on the judicial intervention of the individual and it seems to always happen
[23:21.320 --> 23:30.040]  that the only time you get judicious intervention of the individual is in economic hard times.
[23:30.040 --> 23:38.440]  When things are difficult, then people wake up, they get angry, they get busy, they do
[23:38.440 --> 23:39.440]  something.
[23:39.440 --> 23:42.480]  When things are going well and everybody's making money and they can forward the best
[23:42.480 --> 23:49.720]  boat and stakes and ribs over the weekend, they don't pay much attention to things because
[23:49.720 --> 23:55.880]  things are going well and then we let things deteriorate until they're a horrible mess.
[23:55.880 --> 24:02.600]  Then we have to fix them, we fix them when we have to and then 50 years later, great-grandkids
[24:02.600 --> 24:04.640]  have to do it again.
[24:04.640 --> 24:08.920]  It's the way things have worked since we've kept record.
[24:08.920 --> 24:17.680]  We are at that period to where we've had a long period of economic, relatively good times,
[24:17.680 --> 24:25.000]  things are beginning to break down, the system is in a horrible mess and we can't come out
[24:25.000 --> 24:31.080]  here and point our fingers at these scumbag attorneys, yeah, there's scumbag attorneys.
[24:31.080 --> 24:34.120]  But we have to make them scumbags.
[24:34.120 --> 24:39.720]  The police, the police are out of control, but we help to get them out of control because
[24:39.720 --> 24:42.720]  we didn't keep them under control and that's what this is about.
[24:42.720 --> 24:47.880]  It's not about seeing how mean we can be to a poor, mistreated lawyer.
[24:47.880 --> 24:53.280]  Primarily, this gives the lawyer plausible deniability.
[24:53.280 --> 25:01.280]  The last time I went to court in Austin here, they had appointed me counsel.
[25:01.280 --> 25:03.680]  I didn't ask them to, but they wanted me to have one.
[25:03.680 --> 25:07.560]  I told them they want to, fine, and they appointed me counsel.
[25:07.560 --> 25:17.320]  First thing I told my counsel is I have filed documents addressing 21 due process violations.
[25:17.320 --> 25:23.760]  You will adequately adjudicate every single one of them.
[25:23.760 --> 25:26.480]  You failed to adequately adjudicate a single one.
[25:26.480 --> 25:31.640]  I'll file a bar grievance against you and then I'll file a malpractice suit against you.
[25:31.640 --> 25:39.360]  I bet he told me 50 times if he told me once, oh, Mr. Kelton, you're going to get me disbarred.
[25:39.360 --> 25:42.840]  He was terrified of those judges.
[25:42.840 --> 25:52.640]  He was terrified to bring an argument before the court that he was not very familiar with.
[25:52.640 --> 25:58.360]  Kept saying he'd get disbarred and that's because he's learning counsel.
[25:58.360 --> 26:03.200]  He doesn't have the option of coming up before the court and stumbling around and not know
[26:03.200 --> 26:04.200]  what he's doing.
[26:04.200 --> 26:06.480]  He's required to be learned counsel.
[26:06.480 --> 26:12.520]  He knows he's not, but he's going to do everything he can to hide that from you because he wants
[26:12.520 --> 26:13.520]  you to pay him.
[26:13.520 --> 26:17.480]  You see the problem they're in?
[26:17.480 --> 26:23.640]  If we want our lawyers to be able to deal with these self-serving, self-righteous, arrogant
[26:23.640 --> 26:30.800]  judges, we have to give them plausible deniability because we've heard all this stuff about this
[26:30.800 --> 26:37.200]  good old boy syndrome where they're all part of the same group and they all look out for
[26:37.200 --> 26:38.200]  each other.
[26:38.200 --> 26:39.200]  Well, that's true.
[26:39.200 --> 26:40.200]  They do.
[26:40.200 --> 26:49.640]  And I can assure you, you hammer one of these attorneys, especially if he's a young attorney
[26:49.640 --> 26:56.120]  starting out, these judges are going to try to protect their buddies.
[26:56.120 --> 26:57.760]  So let's give them opportunity.
[26:57.760 --> 27:05.160]  Instead of the judges sitting up there in their arrogant self-righteousness, let's shift gears
[27:05.160 --> 27:10.440]  with the judge and put the judge in a position to where he has to protect the poor mistreated
[27:10.440 --> 27:16.800]  maligned attorney from the no good rascal client that he's got.
[27:16.800 --> 27:22.720]  They dismissed my last case to protect my lawyer from me.
[27:22.720 --> 27:26.000]  And there's an added benefit to that.
[27:26.000 --> 27:28.240]  That was so much fun.
[27:28.240 --> 27:30.960]  You wouldn't believe it.
[27:30.960 --> 27:34.440]  Watching that lawyer squirm, oh, that was just, that was wonderful.
[27:34.440 --> 27:35.440]  Okay.
[27:35.440 --> 27:45.200]  Did the lawyer counsel you to engage in or assist you or someone else in conduct the
[27:45.200 --> 27:48.720]  lawyer knew was criminal or fraudulent?
[27:48.720 --> 27:56.160]  Now, if we have time, we'll get to the American Bar Association standards for the prosecutorial
[27:56.160 --> 27:57.160]  function.
[27:57.160 --> 28:00.960]  It addresses this issue also.
[28:00.960 --> 28:10.160]  But if you've dealt with a prosecutor, you've observed a lawyer breach this standard.
[28:10.160 --> 28:18.080]  Every one of them do as a matter of course.
[28:18.080 --> 28:27.280]  Prosecutors and police officers have raised the action of testifying to an art form.
[28:27.280 --> 28:32.880]  At this point, I believe they would lie when the truth would do get better because they
[28:32.880 --> 28:38.360]  are induced to lie to the court by the prosecutors.
[28:38.360 --> 28:44.400]  And when you start lying, it's hard to keep up with the difference between the truth and
[28:44.400 --> 28:45.400]  the lie.
[28:45.400 --> 28:47.960]  So it's easier just to lie about everything.
[28:47.960 --> 28:50.320]  So this is one we should file.
[28:50.320 --> 28:54.080]  You can file this one against your lawyer or any other lawyer.
[28:54.080 --> 28:55.480]  Okay.
[28:55.480 --> 29:00.000]  Lawyers rule 1.1.
[29:00.000 --> 29:06.000]  Now we're going to go to, oh, I'm sorry, that was 1.2.
[29:06.000 --> 29:11.320]  Now we're going to go to rule 1.3.
[29:11.320 --> 29:16.560]  Did the lawyer exercise diligence in the adjudication of your issue?
[29:16.560 --> 29:21.720]  And this one is a lot shorter.
[29:21.720 --> 29:26.320]  Did the lawyer meet court deadlines for filing documents?
[29:26.320 --> 29:33.520]  Did the lawyer ensure that every available claim or defense was adjudicated?
[29:33.520 --> 29:38.160]  That is one they absolutely never do.
[29:38.160 --> 29:45.760]  And for reasons we've talked about earlier, reasons that they do not want to adjudicate
[29:45.760 --> 29:47.640]  an issue they're not comfortable with.
[29:47.640 --> 29:54.480]  This is Randy Kelton, Deborah Stevens, Rule of Law Radio, I call it number 512-646-1984.
[29:54.480 --> 29:57.480]  We'll be right back.
[29:57.480 --> 30:01.280]  Stop right there, young man.
[30:01.280 --> 30:02.280]  Are your hands clean?
[30:02.280 --> 30:06.680]  Crazy as it sounds, researchers have been lurking in public restrooms spying on people
[30:06.680 --> 30:09.280]  to make sure they wash their hands after using the facilities.
[30:09.280 --> 30:14.160]  I've got your Catherine Albrecht, and I'll be back in a moment to share their findings.
[30:14.160 --> 30:19.480]  Your search engine is watching you, recording all your searches, and creating a massive database
[30:19.480 --> 30:21.560]  of your personal information.
[30:21.560 --> 30:22.560]  That's creepy.
[30:22.560 --> 30:24.560]  But it doesn't have to be that way.
[30:24.560 --> 30:27.680]  StartPage.com is the world's most private search engine.
[30:27.680 --> 30:31.840]  StartPage doesn't store your IP address, make a record of your searches or use tracking
[30:31.840 --> 30:34.080]  cookies, and they're third party certified.
[30:34.080 --> 30:38.400]  If you don't like big brother spying on you, start over with StartPage.
[30:38.400 --> 30:41.000]  Great search results and total privacy.
[30:41.000 --> 30:44.960]  StartPage.com, the world's most private search engine.
[30:44.960 --> 30:49.760]  Researchers recently staked out public restrooms in four U.S. cities and found that only 15%
[30:49.760 --> 30:51.880]  of us failed to wash our hands before leaving.
[30:51.880 --> 30:56.320]  That's not bad compared to 2007, when nearly a quarter of people failed to address their
[30:56.320 --> 30:57.320]  hand hygiene.
[30:57.320 --> 31:02.120]  Women were the cleaner sex with 93% washing up, compared to just 77% of men.
[31:02.120 --> 31:06.080]  While those statistics could use some improvement, I found the thought of people spending hours
[31:06.080 --> 31:10.400]  in dirty bathrooms watching and waiting while the rest of us go about our business downright
[31:10.400 --> 31:11.400]  bizarre.
[31:11.400 --> 31:14.840]  Yes, it's important to wash your hands before leaving the bathroom, because it helps prevent
[31:14.840 --> 31:18.040]  the spread of disease, not because the bathroom police are watching.
[31:18.040 --> 31:30.560]  I'm Dr. Catherine Albrecht, more news and information at CatherineAlbrecht.com.
[31:30.560 --> 31:35.920]  This is Building 7, a 47 story skyscraper that fell on the afternoon of September 11th.
[31:35.920 --> 31:38.000]  The government says that fire brought it down.
[31:38.000 --> 31:42.960]  Over 1,500 architects and engineers have concluded it was a controlled demolition.
[31:42.960 --> 31:47.000]  Over 6,000 of my fellow service members have given their lives, and thousands of my fellow
[31:47.000 --> 31:48.400]  force responders are playing.
[31:48.400 --> 31:52.240]  I'm not a conspiracy theorist, I'm a structural engineer, I'm a New York City correctional,
[31:52.240 --> 31:57.000]  I'm an Air Force pilot, I'm a father who lost his son, we're Americans, and we deserve
[31:57.000 --> 31:58.000]  the truth.
[31:58.000 --> 32:00.000]  Go to RememberBuilding7.org today.
[32:00.000 --> 32:06.040]  It is so enlightening to listen to 90.1 FM, but finding things on the Internet isn't
[32:06.040 --> 32:09.760]  so easy, and neither is finding like-minded people to share it with.
[32:09.760 --> 32:13.000]  Oh, well I guess you haven't heard of Brave New Books then.
[32:13.000 --> 32:14.000]  Brave New Books?
[32:14.000 --> 32:18.600]  Yes, Brave New Books has all the books and DVDs you're looking for by authors like Alex
[32:18.600 --> 32:21.160]  Jones, Ron Paul, and G. Edward Griffin.
[32:21.160 --> 32:24.560]  They even stock Interfood, Berkey Products, and Calvin Soap.
[32:24.560 --> 32:27.480]  There's no way a place like that exists.
[32:27.480 --> 32:32.600]  Go check it out for yourself, it's downtown at 1904 Guadalupe Street, just south of UT.
[32:32.600 --> 32:36.680]  Oh, by UT, there's never anywhere to park down there.
[32:36.680 --> 32:41.960]  Actually, they now offer a free hour of parking for paying customers at the 500 MLK parking
[32:41.960 --> 32:44.960]  facility just behind the bookstore.
[32:44.960 --> 32:47.920]  It does exist, but when are they open?
[32:47.920 --> 32:56.520]  Monday through Saturday, 11am to 9pm and 1-6pm on Sundays, so give them a call at 512-480-2503
[32:56.520 --> 32:59.320]  or check out their events page at BraveNewBookstore.com.
[32:59.320 --> 33:06.320]  Live free speech radio, LogosRadioNetwork.com.
[33:29.320 --> 33:36.320]  Live free speech radio, LogosRadioNetwork.
[33:59.320 --> 34:19.320]  Okay, we are back, Randy Kelton, David Stevens, Rule Law Radio, and we were talking about
[34:19.320 --> 34:24.120]  the American Bar Association model standards.
[34:24.120 --> 34:33.080]  We were dealing with standard Rule 1.3.
[34:33.080 --> 34:41.240]  Did the lawyer ensure that every available claim or defense was adjudicated?
[34:41.240 --> 34:49.360]  This was the standard that I had in mind when I told this lawyer that I had filed a set
[34:49.360 --> 34:57.760]  of documents in the court that addressed 21 due process violations and intended that he
[34:57.760 --> 34:59.840]  adequately adjudicate every one of them.
[34:59.840 --> 35:02.240]  This is the standard that supports that.
[35:02.240 --> 35:06.440]  Okay, now we're going to go to 1.4.
[35:06.440 --> 35:11.720]  We're going to kind of move along because there's a lot of them.
[35:11.720 --> 35:15.240]  Communications, you're going to like this part.
[35:15.240 --> 35:21.000]  Did the lawyer fail to promptly inform you of any decision or circumstance with respect
[35:21.000 --> 35:30.240]  to which you informed consent, as defined by Rule 1.0E, and it says, informed consent
[35:30.240 --> 35:37.400]  denotes the agreement by a person to a proposed course of conduct after the lawyer has communicated
[35:37.400 --> 35:43.760]  adequate information and explanation about the material risks and reasonably available
[35:43.760 --> 35:49.960]  alternatives to the proposed contact, I'm sorry, conduct.
[35:49.960 --> 35:55.960]  So did the lawyer fail to promptly inform you of any decision or circumstance with respect
[35:55.960 --> 36:06.000]  to which you informed consent as, one of my eras, that's a sentence fragment, your informed
[36:06.000 --> 36:15.360]  consent was required as defined by Rule 1.0E, 1.0 is the definition section.
[36:15.360 --> 36:23.080]  So if he failed to inform you of a decision of circumstances which you needed to have
[36:23.080 --> 36:29.560]  full disclosure of, did he do something without telling you about it or did he feed you a
[36:29.560 --> 36:35.040]  bunch of crap olah and claim he did it for one reason, when he really did it in order
[36:35.040 --> 36:40.200]  to back you into a corner where you would have no options and this they do all the time.
[36:40.200 --> 36:46.640]  Lawyers want you to do what they want you to do so that the adjudication of your case
[36:46.640 --> 36:52.320]  will serve their professional and political purpose.
[36:52.320 --> 37:01.240]  The last thing they want to do is adjudicate your case in a manner that would affect their
[37:01.240 --> 37:12.720]  professional careers and that's understandable, you can't expect a lawyer to be willing to
[37:12.720 --> 37:19.000]  adjudicate everybody's case in a manner that would tend to damage his career.
[37:19.000 --> 37:26.360]  He's going to want to adjudicate your case in ways that will positively affect his career.
[37:26.360 --> 37:33.960]  Now that may not be white but that's how things work in the real world you and I live in.
[37:33.960 --> 37:43.200]  And the purpose of the barbreevance.net is to change the dynamic for the lawyer.
[37:43.200 --> 37:52.640]  Once the lawyer is aware that you're knowledgeable of these standards, that dramatically changes
[37:52.640 --> 37:57.520]  what's going to affect his career.
[37:57.520 --> 38:04.720]  One or two grievances under these standards will very dramatically affect his career.
[38:04.720 --> 38:14.520]  And just the knowledge on the part of the lawyer that you know about these standards,
[38:14.520 --> 38:20.040]  that's enough to give him plausible deniability, enough to give him a cause to go to the judge
[38:20.040 --> 38:24.120]  and ask the judge to protect him from his potentially dangerous client.
[38:24.120 --> 38:28.040]  Okay, we're going to move ahead and I'm going to stop preaching.
[38:28.040 --> 38:35.640]  Okay, did the lawyer fail to reasonably consult with you about the means by which your objectives
[38:35.640 --> 38:38.960]  could be accomplished?
[38:38.960 --> 38:45.160]  Did the lawyer keep you reasonably informed about the status of the matter?
[38:45.160 --> 38:51.640]  That may be the single biggest complaint that we have.
[38:51.640 --> 38:56.840]  Lawyers never tell you what's going on and there you'll find another one down here that
[38:56.840 --> 39:04.280]  goes specifically to a lawyer communicating with you and returning calls and such.
[39:04.280 --> 39:12.840]  Did the lawyer promptly comply with reasonable requests for information?
[39:12.840 --> 39:18.120]  Did the lawyer consult with you about any relevant limitation on the lawyer's conduct
[39:18.120 --> 39:24.880]  when the lawyer knew that you expected assistance not permitted by the rules of professional
[39:24.880 --> 39:29.200]  conduct or other law?
[39:29.200 --> 39:35.160]  Did the lawyer fail to explain a matter to the extent reasonably necessary to permit
[39:35.160 --> 39:39.520]  you to make informed decisions regarding your representation?
[39:39.520 --> 39:50.640]  Okay, that is rule 1.4, 1.5 goes to the lawyer's favorite subject, fees.
[39:50.640 --> 39:57.960]  Did the lawyer make an agreement for, charge or collect an unreasonable fee or an unreasonable
[39:57.960 --> 40:02.000]  amount for expenses without considering the following?
[40:02.000 --> 40:06.120]  The time and labor required, the novelty and difficulty of the questions involved and the
[40:06.120 --> 40:12.360]  skill requisite to perform the service properly.
[40:12.360 --> 40:22.160]  Did the lawyer charge an exorbitant fee without considering the likelihood, if apparent to
[40:22.160 --> 40:27.920]  the client, that the acceptance of the particular employment would preclude other employment
[40:27.920 --> 40:30.840]  by the lawyer?
[40:30.840 --> 40:38.000]  That the fee was customarily charged in the locality for similar services?
[40:38.000 --> 40:45.880]  The amount involved without considering the amount involved and the results obtained?
[40:45.880 --> 40:51.960]  Did the lawyer bill you to do something that served no purpose?
[40:51.960 --> 40:55.840]  This one goes to churning.
[40:55.840 --> 40:59.360]  This is what your lawyers, the lawyers will tend to do.
[40:59.360 --> 41:01.480]  They'll know each other.
[41:01.480 --> 41:07.640]  They try cases back and forth before one another all the time.
[41:07.640 --> 41:15.800]  And in watching what's actually going on, these guys, without any intervention on our
[41:15.800 --> 41:22.240]  part, without any oversight or control, there's certainly no oversight but the state bar.
[41:22.240 --> 41:28.960]  The state bar is nothing more than a public relations agency for the lawyers and there
[41:28.960 --> 41:35.280]  for no other reason than protect the lawyers from the shenanigans that they pull.
[41:35.280 --> 41:40.000]  So it's my opinion that when you get a lawyer and the other side gets a lawyer, the first
[41:40.000 --> 41:45.480]  thing the lawyers are going to do is they're going to get together and try to determine
[41:45.480 --> 41:51.000]  the extent of the estate of their clients.
[41:51.000 --> 41:59.480]  Look at the case and figure out how they can so adjudicate the case between them so as
[41:59.480 --> 42:07.160]  to exact from their clients the maximum percentage of their estate.
[42:07.160 --> 42:13.320]  Once they've reached what they feel to be a maximum percentage of your estate in the
[42:13.320 --> 42:18.880]  form of legal fees, then they'll come together and make a deal.
[42:18.880 --> 42:25.840]  And finish the case and the lawyers wind up with all the money and both of the parties
[42:25.840 --> 42:27.760]  wind up with all the headache.
[42:27.760 --> 42:42.440]  I had someone come to me and want me to promote on this show a massive class action suit.
[42:42.440 --> 42:46.000]  And I told him, well, I am real reluctant to do that.
[42:46.000 --> 42:51.000]  I would first want to see the pleadings that the lawyers are filing, oh, they don't make
[42:51.000 --> 42:52.000]  those available.
[42:52.000 --> 42:58.360]  I said, man, you got to be out of your mind.
[42:58.360 --> 43:03.400]  What these lawyers are going to do is they're going to get several thousand people to join
[43:03.400 --> 43:05.800]  this class action suit.
[43:05.800 --> 43:10.280]  They're going to huff and puff and rah, rah, rah and collect a couple of million dollars
[43:10.280 --> 43:17.920]  in retainer fees, then they're going to churn the case and keep the case going for the next
[43:17.920 --> 43:21.040]  four or five years until everybody gives up on it.
[43:21.040 --> 43:25.960]  And then they're going to make a deal with the other side and settle the case for attorney
[43:25.960 --> 43:31.520]  fees and everybody uses everything except the lawyers walk away with all the money.
[43:31.520 --> 43:33.280]  That's what they do.
[43:33.280 --> 43:35.000]  That's what we need to watch for.
[43:35.000 --> 43:37.280]  That's what we need to prevent.
[43:37.280 --> 43:46.200]  This is Randy Kelton, David Stevens, Rue de la Radio, our call in number 5126461984.
[43:46.200 --> 43:54.280]  Give us a call, send us a comment, send Randy at Rue de la Radio if you've had been affected
[43:54.280 --> 43:56.280]  by one of these.
[43:56.280 --> 44:01.280]  We'll be right back on the other side.
[44:01.280 --> 44:06.680]  Mr. President, members of Congress, you've been making a lot of noise about taking our
[44:06.680 --> 44:10.800]  guns away, which might want to review history.
[44:10.800 --> 44:18.120]  1835, Gonzales, Texas Territory, the authorities wanted to confiscate the big gun that protected
[44:18.120 --> 44:19.120]  that colony.
[44:19.120 --> 44:21.880]  You know what the people said?
[44:21.880 --> 44:29.160]  Come and take it because they were willing to fight for their freedom and their guns.
[44:29.160 --> 44:37.240]  Come and take it if you want it, come and take it if you think you can, come and take
[44:37.240 --> 44:44.160]  it, but I want you, you'll have to buy it for my older kids, we want the freedom that
[44:44.160 --> 44:51.720]  God gave us, so you best not cross that line, if you want this gun you gotta come through
[44:51.720 --> 44:54.280]  us and take it.
[44:54.280 --> 44:56.680]  One shot at a time.
[44:56.680 --> 45:00.840]  It's like Gonzales, we're keeping our guns.
[45:00.840 --> 45:04.040]  Are you the plaintiff or defendant in a lawsuit?
[45:04.040 --> 45:10.160]  Win your case without an attorney with Jurisdictionary, the affordable, easy to understand, four-CD
[45:10.160 --> 45:14.560]  course that will show you how in 24 hours, step by step.
[45:14.560 --> 45:18.560]  If you have a lawyer, know what your lawyer should be doing.
[45:18.560 --> 45:22.600]  If you don't have a lawyer, know what you should do for yourself.
[45:22.600 --> 45:27.640]  Thousands have won with our step-by-step course, and now you can too.
[45:27.640 --> 45:34.400]  Jurisdictionary was created by a licensed attorney with 22 years of case-winning experience.
[45:34.400 --> 45:38.920]  Even if you're not in a lawsuit, you can learn what everyone should understand about the
[45:38.920 --> 45:43.240]  principles and practices that control our American courts.
[45:43.240 --> 45:49.400]  You'll receive our audio classroom, video seminar, tutorials, forms for civil cases,
[45:49.400 --> 45:52.840]  prosay tactics, and much more.
[45:52.840 --> 46:00.840]  Please visit ruleoflawradio.com and click on the banner or call toll-free 866-LAW-EZ.
[46:00.840 --> 46:20.320]  Okay, we are back.
[46:20.320 --> 46:27.280]  Randy Kelton, Deborah Stevens, rule of law radio, and we're going through the American
[46:27.280 --> 46:31.440]  Bar Association model standards.
[46:31.440 --> 46:37.920]  We will, I will try to finish this part up, this segment, that'll be one hour, and then
[46:37.920 --> 46:46.920]  when we come back in the second hour, I will start on the American Bar Association standards
[46:46.920 --> 46:52.040]  for the prosecutorial function, and you will find that one to be a lot of fun.
[46:52.040 --> 46:57.880]  Okay, I'm going to read these in the form of a statement that'll make a little bit more
[46:57.880 --> 47:06.840]  sense in these long convoluted standards the way I've been doing it.
[47:06.840 --> 47:12.720]  The way this is constructed is we take the standard which says the lawyer shall not do
[47:12.720 --> 47:20.000]  this, but the lawyer shall do this, and we rewrite it into a question, did the lawyer
[47:20.000 --> 47:24.280]  do this, did the lawyer fail to do this?
[47:24.280 --> 47:32.680]  And then we put in a box where you can enter your comments, and the box will rewrite the
[47:32.680 --> 47:37.080]  whole thing in the form of a proactive statement, so I'm going to read the proactive statements.
[47:37.080 --> 47:43.160]  The lawyer made an agreement for a charge or collected an unreasonable fee or an unreasonable
[47:43.160 --> 47:52.840]  amount for expenses without considering the time limitations imposed by me or by the circumstances.
[47:52.840 --> 47:57.200]  The lawyer made an agreement for a charge or collected an unreasonable fee for an unreasonable
[47:57.200 --> 48:02.600]  amount of expenses without considering the experience, reputation, and ability of the
[48:02.600 --> 48:07.800]  lawyer or lawyers performing the services.
[48:07.800 --> 48:14.160]  The lawyer made an agreement for a charge or collected an unreasonable fee without considering
[48:14.160 --> 48:19.960]  whether the fee was fixed or contingent.
[48:19.960 --> 48:22.400]  That one will take some explanation.
[48:22.400 --> 48:29.000]  Okay, the lawyer failed to communicate, did the lawyer fail to communicate to you the
[48:29.000 --> 48:38.680]  scope of the representation in the basis or weight of the fee and expenses in writing?
[48:38.680 --> 48:44.440]  And the statement is, the lawyer failed to communicate the scope of representation and
[48:44.440 --> 48:51.720]  the basis or weight of the fees and expenses in writing as follows.
[48:51.720 --> 48:59.840]  All contracts with lawyers are not acceptable.
[48:59.840 --> 49:06.800]  Did the lawyer fail to communicate the scope of representation and basis of rate of the
[49:06.800 --> 49:16.480]  fees and expenses before or within a reasonable time after commencing the representation?
[49:16.480 --> 49:24.560]  This we hear quite a bit, where the lawyer starts the representation without addressing
[49:24.560 --> 49:31.280]  the fee issue, and once he gets you engaged in the process and gets himself inserted in
[49:31.280 --> 49:38.040]  the middle of the process, then he dumps on you with a huge fee that nobody could pay.
[49:38.040 --> 49:44.000]  The lawyer failed to communicate to you the scope of the representation and the basis
[49:44.000 --> 49:51.160]  or weight of the fee and expenses as well as any charges, changes in the basis or weight
[49:51.160 --> 49:56.800]  of fee or expenses as follows.
[49:56.800 --> 50:05.600]  These have been designed because of specific problems people have had with lawyers.
[50:05.600 --> 50:11.040]  The lawyer charged a fee that was not contingent on the outcome of the matter for which the
[50:11.040 --> 50:18.680]  service was rendered in a case that did not involve a domestic matter or criminal case
[50:18.680 --> 50:23.960]  as follows.
[50:23.960 --> 50:28.960]  This one will take some more explanation because when I read this, when I put this one in there,
[50:28.960 --> 50:35.640]  I didn't have time to go back and research it, but this appears to place some specific
[50:35.640 --> 50:46.280]  restrictions on how a lawyer can charge contingency fees or fees that are not contingency fees
[50:46.280 --> 50:49.080]  in certain cases.
[50:49.080 --> 50:55.040]  The lawyer charged a fee that was not contingent on the outcome of the matter for which the
[50:55.040 --> 51:01.400]  service is rendered in a case that did not involve domestic or criminal cases as follows.
[51:01.400 --> 51:10.840]  It appears as though, if I'm reading this right, that a lawyer can't charge a contingency
[51:10.840 --> 51:15.680]  fee in a domestic matter.
[51:15.680 --> 51:23.520]  I'll have to get back to that one.
[51:23.520 --> 51:26.320]  Okay.
[51:26.320 --> 51:27.320]  I'm confused by that one.
[51:27.320 --> 51:30.960]  I'll have to go back and look at it.
[51:30.960 --> 51:31.960]  I did the lawyer.
[51:31.960 --> 51:32.960]  Let's see.
[51:32.960 --> 51:37.880]  The lawyer collected a contingency fee for a matter involving a domestic or criminal
[51:37.880 --> 51:39.880]  case.
[51:39.880 --> 51:41.880]  Whoa.
[51:41.880 --> 51:46.400]  That's what I thought this was going to.
[51:46.400 --> 51:57.960]  This appears as though it forbids the lawyer from collecting a contingency fee for a domestic
[51:57.960 --> 52:01.360]  case.
[52:01.360 --> 52:06.520]  Deborah, are you listening?
[52:06.520 --> 52:11.000]  We've been talking about an issue of this nature recently where the lawyer specifically
[52:11.000 --> 52:17.200]  did just exactly this.
[52:17.200 --> 52:18.920]  We'll have to talk about that later.
[52:18.920 --> 52:21.320]  I'd look at the implications of that.
[52:21.320 --> 52:29.800]  If anybody's ever been in a domestic case where the lawyers agree to represent the client
[52:29.800 --> 52:35.480]  on a contingency, it appears as though the American Bar Association standards forbids
[52:35.480 --> 52:37.480]  that kind of practice.
[52:37.480 --> 52:46.160]  If that's the case, the lawyer who does the representation when he tries to collect the
[52:46.160 --> 52:56.200]  contingency fees will not be able to collect it because he would, if he tried to collect,
[52:56.200 --> 52:58.840]  he would come to the court with unclean hands.
[52:58.840 --> 53:06.520]  Remember the clean hands, the doctor, and he can't ask the court for remedy, for equitable
[53:06.520 --> 53:11.480]  remedy when he does not have clean hands, and the clean hands doctrine only goes to
[53:11.480 --> 53:14.680]  equitable remedy.
[53:14.680 --> 53:21.440]  Did the lawyer defy the fee with a lawyer in a different firm that was not in proportion
[53:21.440 --> 53:27.040]  to the services performed by each lawyer, where each lawyer did not assume joint responsibility
[53:27.040 --> 53:33.760]  for the representation, where you did not agree to the arrangement, including the share
[53:33.760 --> 53:41.000]  each lawyer would receive, where the total fee was not reasonable?
[53:41.000 --> 53:44.880]  That is rule 1.5.
[53:44.880 --> 53:48.640]  Now we go to rule, let me look at them and get us the best one.
[53:48.640 --> 53:52.920]  Did the lawyer fail to maintain confidentiality?
[53:52.920 --> 53:58.840]  This is one I don't hear often, but we do hear on occasion, and I think we're all aware
[53:58.840 --> 54:03.080]  pretty much of where someone would violate that one.
[54:03.080 --> 54:05.600]  Was there an issue with conflict of interest?
[54:05.600 --> 54:10.760]  This one occurs quite often.
[54:10.760 --> 54:15.200]  And there are actually two sections here on conflict of interest, because this one could
[54:15.200 --> 54:18.120]  get quite complex.
[54:18.120 --> 54:24.200]  Except as provided by paragraph B, did the lawyer represent a client where the representation
[54:24.200 --> 54:30.960]  involved a concurrent conflict of interest, wherein the representation of one client
[54:30.960 --> 54:35.040]  was directly adverse to another client?
[54:35.040 --> 54:40.720]  Or there was a significant risk that the representation of one or more clients would
[54:40.720 --> 54:47.720]  be materially limited by the lawyer's responsibility to another client, a former client or a third
[54:47.720 --> 54:53.640]  person, or by a personal interest of the lawyer?
[54:53.640 --> 54:59.320]  If there was a concurrent conflict of interest on paragraph A, did the lawyer represent you
[54:59.320 --> 55:05.360]  even though the lawyer would not be able to provide competent and diligent representation
[55:05.360 --> 55:08.840]  to each affected client?
[55:08.840 --> 55:14.800]  The representation was, even though the representation was prohibited by law, or even though the
[55:14.800 --> 55:20.400]  representation involved the assertion of a claim by one client against another client
[55:20.400 --> 55:28.000]  represented by the lawyer in the same litigation or other proceeding before a tribunal?
[55:28.000 --> 55:35.320]  And each affected client did not give informed consent confirmed in writing?
[55:35.320 --> 55:43.080]  These can get a little bit complex, so you probably need to read them a couple of times.
[55:43.080 --> 55:51.240]  We have structured them in this questionnaire format to make them somewhat more readable.
[55:51.240 --> 55:59.880]  We have to keep in mind that the standards for the functioning of the lawyers was written
[55:59.880 --> 56:00.880]  by lawyers.
[56:00.880 --> 56:09.440]  And when it comes to writing clear and concise dialogue, they really suck.
[56:09.440 --> 56:14.720]  The one in particular that I'd like to go to, we're going to run out of time, so I want
[56:14.720 --> 56:18.240]  to go down to rule 1.18.
[56:18.240 --> 56:29.400]  Do you suspect if I'm looking for one, where the lawyer is required to reprim...
[56:29.400 --> 56:34.560]  Oh, I'm sorry, that's not 1.18, that's rule 8.
[56:34.560 --> 56:40.240]  So I'll get to that one, let me drop all the way down to rule 8.
[56:40.240 --> 56:44.920]  Reporting professional misconduct.
[56:44.920 --> 56:49.360]  Did the lawyer, knowing that another lawyer had committed a violation of the rules of
[56:49.360 --> 56:57.600]  professional conduct, that raises a substantial question as to the lawyer's honesty, trustworthiness,
[56:57.600 --> 57:03.400]  or fitness as a lawyer in other respects, failed to perform the appropriate professional
[57:03.400 --> 57:04.400]  authority?
[57:04.400 --> 57:10.800]  And the statement behind that is, so I kind of read it again, the lawyer, knowing that
[57:10.800 --> 57:15.840]  another lawyer had committed a violation of the rules of professional conduct, that raised
[57:15.840 --> 57:21.840]  a substantial question as to that lawyer's honesty, trustworthiness, or fitness as a
[57:21.840 --> 57:30.800]  lawyer in other respects, failed to inform the appropriate professional authority?
[57:30.800 --> 57:37.680]  Anybody who's been in a criminal case has came across this on multiple occasions.
[57:37.680 --> 57:43.800]  Did the lawyer, knowing that a judge had committed a violation of applicable rules of judicial
[57:43.800 --> 57:51.520]  conduct, that raised a substantial question as to the judge's fitness for office, failed
[57:51.520 --> 57:56.600]  to inform the appropriate authorities?
[57:56.600 --> 58:00.920]  Now that one we can really have fun with.
[58:00.920 --> 58:11.360]  That's one we can use to change the whole political context.
[58:11.360 --> 58:16.680]  Lawyers are terrified of judges and are afraid to report any improprieties on the part of
[58:16.680 --> 58:17.840]  the judges.
[58:17.840 --> 58:26.000]  When we get clients, bar-grieving attorneys who are not doing this, the attorney will
[58:26.000 --> 58:31.160]  get hurt more by the bar grievance than that it would be worried about what the judge would
[58:31.160 --> 58:32.160]  do.
[58:32.160 --> 58:33.160]  We can change everything.
[58:33.160 --> 58:36.400]  This is Randy Kelton, David Stevens, RealVal Radio.
[58:36.400 --> 58:38.640]  We're going to our top hour, top day, our break.
[58:38.640 --> 58:43.520]  When we come back, we're going to go to the American Bar Association Standards for the
[58:43.520 --> 58:49.800]  Prosecutor's Function and you are going to love this part, we'll be right back.
[58:49.800 --> 58:55.240]  The Bible remains the most popular book in the world, yet countless readers are frustrated
[58:55.240 --> 58:58.040]  because they struggle to understand it.
[58:58.040 --> 59:03.440]  Some new translations try to help by simplifying the text, but in the process can compromise
[59:03.440 --> 59:06.680]  the profound meaning of the Scripture.
[59:06.680 --> 59:08.440]  Enter the recovery version.
[59:08.440 --> 59:14.360]  First, this new translation is extremely faithful and accurate, but the real story is the more
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[01:00:41.160 --> 01:00:44.280]  And now the news.
[01:00:44.280 --> 01:00:48.720]  Two remote control drone helicopters could be photographing crime scenes and searching
[01:00:48.720 --> 01:00:51.960]  for missing people in Arlington as soon as next month.
[01:00:51.960 --> 01:00:56.040]  Arlington Police Chief Will Johnson announced Thursday that the Federal Aviation Administration
[01:00:56.040 --> 01:01:04.640]  is given the city permission to get the rotors turning on the project in late February.
[01:01:04.640 --> 01:01:09.480]  New Hampshire is one step closer to becoming the 19th state to legalize medical marijuana.
[01:01:09.480 --> 01:01:14.920]  On Wednesday the state House voted 286-64 to approve legislation that would allow patients
[01:01:14.920 --> 01:01:19.600]  with chronic or terminal diseases to use medical marijuana if their doctors recommended it.
[01:01:19.600 --> 01:01:23.840]  The bill allows for state licensed marijuana dispensaries to open and grants patients
[01:01:23.840 --> 01:01:27.160]  or caregivers the right to grow up to three cannabis plants.
[01:01:27.160 --> 01:01:30.600]  The bill now moves to the New Hampshire Senate where a similar legislation was approved in
[01:01:30.600 --> 01:01:32.920]  2009 and in 2012.
[01:01:32.920 --> 01:01:37.080]  The Republican-led New Hampshire legislature approved the Marijuana Bill last year but
[01:01:37.080 --> 01:01:40.240]  it was vetoed by Democratic Governor John Lynch.
[01:01:40.240 --> 01:01:44.000]  Governor claimed the legislation was too open to abuse by those who didn't really need the
[01:01:44.000 --> 01:01:48.000]  drug.
[01:01:48.000 --> 01:01:53.480]  In another blow to genetically modified organisms, several major U.S. food retailers have signed
[01:01:53.480 --> 01:02:03.280]  on to the campaign for GE Free Seafood found at www.foe.org slash GE Free Seafood.
[01:02:03.280 --> 01:02:07.240]  These retailers include Whole Foods, Trader Joe's, Aldi and more.
[01:02:07.240 --> 01:02:11.200]  It's the latest private sector blow to the deceptive biotech industry.
[01:02:11.200 --> 01:02:14.920]  Activist organizations like Natural News, the Organic Consumers Association and the
[01:02:14.920 --> 01:02:19.080]  Institute for Responsible Technology have helped organize constant grassroots pressure
[01:02:19.080 --> 01:02:24.800]  on food retailers to either label GMOs or reject them outright.
[01:02:24.800 --> 01:02:29.280]  The Liberty Beat is sponsored by Pure Rain, chemical and fluoride free bottled water available
[01:02:29.280 --> 01:02:32.240]  at Central Market and Whole Foods grocery stores.
[01:02:32.240 --> 01:02:37.560]  You can find us online at purerainusa.com and by Central Texas Gun Works, self-defense
[01:02:37.560 --> 01:02:43.360]  training, CHL courses and firearm sales, online at centraltexasgunworks.com.
[01:02:43.360 --> 01:02:47.600]  This is the Liberty Beat for March 21, 2013.
[01:02:47.600 --> 01:03:03.640]  You can find us online at dlibertybeats.com, like the Liberty Beat on Facebook at facebook.com
[01:03:03.640 --> 01:03:29.640]  and Facebook at www.dlibertybeats.com, like the Liberty Beat on Facebook at www.dlibertybeats.com
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[01:03:57.640 --> 01:04:25.640]  and Facebook at www.dlibertybeats.com
[01:04:25.640 --> 01:04:35.160]  and we are going to go to the American Bar Association Standards for the Prosecutorial
[01:04:35.160 --> 01:04:36.660]  Function.
[01:04:36.660 --> 01:04:42.960]  I actually had a prosecutor bring this to my attention.
[01:04:42.960 --> 01:04:46.840]  I didn't even know it existed.
[01:04:46.840 --> 01:04:54.800]  And if he wasn't so ugly, I'd have just kissed him for it because it has so much in here.
[01:04:54.800 --> 01:04:57.880]  It's absolutely amazing.
[01:04:57.880 --> 01:05:02.880]  All of the things you can hammer a prosecuting attorney for.
[01:05:02.880 --> 01:05:11.280]  So we're going to start out with general standards and you can find this at, let me
[01:05:11.280 --> 01:05:22.200]  make sure I've got it right, yep, bargremis.net, click on the first link will be to create
[01:05:22.200 --> 01:05:32.800]  a form, a grievance form and it will pop up a map on the right side will be the standards
[01:05:32.800 --> 01:05:37.480]  that we just went through for lawyers and on the left side will be the standards for
[01:05:37.480 --> 01:05:38.480]  prosecutors.
[01:05:38.480 --> 01:05:39.480]  Okay.
[01:05:39.480 --> 01:05:45.320]  Now we're looking at standards for the Prosecutorial Function.
[01:05:45.320 --> 01:05:52.880]  Did the prosecutor fail or refuse to prosecute crimes within the prosecutor's jurisdiction?
[01:05:52.880 --> 01:06:01.920]  If you've listened to our show, you have heard this occur over and over again.
[01:06:01.920 --> 01:06:12.720]  If you file a complaint against a public official, the prosecuting attorney will refuse to prosecute.
[01:06:12.720 --> 01:06:20.520]  And the standards for the prosecutorial function indicates that here that the prosecutor does
[01:06:20.520 --> 01:06:26.360]  not have that discretion.
[01:06:26.360 --> 01:06:32.840]  On later in the functions, there is a place where they indicate that a prosecutor does
[01:06:32.840 --> 01:06:40.720]  have some discretion, but when I read that, I read that as horse manure because in looking
[01:06:40.720 --> 01:06:47.920]  at the code myself, I have found nothing in the code that gives a prosecutor discretion
[01:06:47.920 --> 01:06:53.720]  of any kind.
[01:06:53.720 --> 01:07:02.440]  And lawyer, the judges have granted them that discretion, but I don't see anything that
[01:07:02.440 --> 01:07:11.480]  gives a magistrate or a judge the power to delegate the authority of the magistrate
[01:07:11.480 --> 01:07:12.480]  to a prosecutor.
[01:07:12.480 --> 01:07:16.720]  Excuse me, let me explain here.
[01:07:16.720 --> 01:07:24.120]  When someone's arrested under 1401, 1406, Texas Code of Criminal Procedure with or without
[01:07:24.120 --> 01:07:29.520]  a warrant, they're required to be taken directly to the nearest magistrate.
[01:07:29.520 --> 01:07:32.440]  And the magistrate is required to hold an examining trial.
[01:07:32.440 --> 01:07:41.720]  At the examining trial, the magistrate makes a determination of probable causes as to whether
[01:07:41.720 --> 01:07:47.120]  or not there's sufficient evidence to warrant prosecution.
[01:07:47.120 --> 01:07:51.680]  That's the magistrate's job, not the prosecutor's.
[01:07:51.680 --> 01:07:59.240]  What they've done in every state I've been to so far, they bypassed the magistrate.
[01:07:59.240 --> 01:08:02.480]  They can authorize that discretion to a prosecuting attorney.
[01:08:02.480 --> 01:08:09.040]  Well, there's no legal authority for that.
[01:08:09.040 --> 01:08:15.880]  That's a impersonation of a judicial officer from the way I read it.
[01:08:15.880 --> 01:08:24.800]  And here, the very first standard for the prosecutorial function addresses that issue
[01:08:24.800 --> 01:08:34.520]  and it addresses the failure of the prosecutor to prosecute crimes within his jurisdiction.
[01:08:34.520 --> 01:08:41.400]  The next one, did the prosecutor, while acting as an administrator of justice, an advocate
[01:08:41.400 --> 01:08:48.320]  and an officer of the court, exercise sound discretion in the performance of his or her
[01:08:48.320 --> 01:08:49.320]  functions?
[01:08:49.320 --> 01:08:51.640]  I need to reword that, so it sounds better.
[01:08:51.640 --> 01:08:57.040]  The prosecutor, while acting as an administrator of justice, an advocate and an officer of
[01:08:57.040 --> 01:09:02.800]  the court, failed to exercise sound discretion in the performance of his or her function.
[01:09:02.800 --> 01:09:07.720]  If a prosecutor refused to prosecute someone because they were a public official and for
[01:09:07.720 --> 01:09:13.560]  no other reason, this second one would certainly be implicated.
[01:09:13.560 --> 01:09:18.720]  Did the prosecutor seek conviction without regard to justice?
[01:09:18.720 --> 01:09:25.000]  So far, Texas is the only one that I have seen that has a statute that goes directly
[01:09:25.000 --> 01:09:34.560]  to that issue in Texas under duties of officers, 2.01, the very first one.
[01:09:34.560 --> 01:09:43.280]  It shall be the primary duty of the prosecuting attorney, not to secure conviction, but to
[01:09:43.280 --> 01:09:48.680]  ensure that justice is served.
[01:09:48.680 --> 01:09:49.680]  Okay.
[01:09:49.680 --> 01:09:58.200]  When inadequacies or injustices are brought to the prosecutor's attention, did the prosecutor
[01:09:58.200 --> 01:10:06.960]  stimulate efforts for remedial action, then this goes to problems with the administration
[01:10:06.960 --> 01:10:15.040]  of the prosecutor's office or actions of the prosecutorial team.
[01:10:15.040 --> 01:10:23.960]  Every, all the police and everyone involved in the investigation and apprehension, investigation
[01:10:23.960 --> 01:10:30.800]  and prosecution of crime are considered to be a part of the prosecutorial team.
[01:10:30.800 --> 01:10:43.280]  And the state has granted the prosecutor authority to give legal advice to police and the inferior
[01:10:43.280 --> 01:10:44.280]  courts.
[01:10:44.280 --> 01:10:51.520]  JP court, municipal courts, they call them inferior because those courts can be administrated
[01:10:51.520 --> 01:10:55.280]  by persons who are not learned in counsel.
[01:10:55.280 --> 01:11:06.360]  Therefore, the legislature in their wisdom directed these municipal judges and police
[01:11:06.360 --> 01:11:10.240]  to the prosecuting attorney for legal advice.
[01:11:10.240 --> 01:11:16.240]  That was a prescription for disaster.
[01:11:16.240 --> 01:11:20.880]  What would you expect a prosecutor to do?
[01:11:20.880 --> 01:11:28.120]  Advise the police and lower courts in practices and procedures that would essentially make
[01:11:28.120 --> 01:11:32.360]  their professional life a living hell?
[01:11:32.360 --> 01:11:41.640]  Or would you expect them to advise the lower courts and police in practices and procedures
[01:11:41.640 --> 01:11:47.440]  that would facilitate the prosecution of the cases?
[01:11:47.440 --> 01:11:52.160]  They did exactly what we would expect them to do.
[01:11:52.160 --> 01:12:00.360]  They directed these guys to act in ways that made their life easier.
[01:12:00.360 --> 01:12:05.000]  Not necessary in regard to the strict rule of law.
[01:12:05.000 --> 01:12:13.040]  This is not something that happened yesterday or the day before or any one day or another.
[01:12:13.040 --> 01:12:23.200]  This was a progression of seemingly minor adjustments toward adjudicative expediency
[01:12:23.200 --> 01:12:27.040]  and administrative convenience.
[01:12:27.040 --> 01:12:33.400]  They didn't turn around once a day and say, let's rework the system so that every step
[01:12:33.400 --> 01:12:40.040]  from arrest to trial is very specifically against particular law.
[01:12:40.040 --> 01:12:45.160]  I don't think anybody intended that that should occur.
[01:12:45.160 --> 01:12:51.440]  None of these people involved in the system intended that the system turn into such a
[01:12:51.440 --> 01:12:52.920]  horrible mess.
[01:12:52.920 --> 01:12:59.720]  I don't think anybody in the criminal justice system intended to create the worst police
[01:12:59.720 --> 01:13:02.320]  state the world has ever seen.
[01:13:02.320 --> 01:13:06.760]  But that's what we've got.
[01:13:06.760 --> 01:13:13.840]  That's what has happened and it's happened because you and I have not used these standards
[01:13:13.840 --> 01:13:20.760]  and the laws that are put before us to prevent these problems from occurring.
[01:13:20.760 --> 01:13:25.440]  Remember what Benjamin Franklin said when he came out of the Continental Congress and
[01:13:25.440 --> 01:13:30.520]  a woman asked him, Mr. Franklin, what have you given us?
[01:13:30.520 --> 01:13:37.480]  And he told her, I have given you a republic if you can keep it.
[01:13:37.480 --> 01:13:43.320]  And what he meant by that was we have not given you a monarchy.
[01:13:43.320 --> 01:13:47.720]  We have not given you a fascist dictatorship.
[01:13:47.720 --> 01:13:52.360]  We have not given you a democracy.
[01:13:52.360 --> 01:13:56.560]  We have given you a republic.
[01:13:56.560 --> 01:14:04.320]  And I have someone listening now that brought me this and I was really surprised at the
[01:14:04.320 --> 01:14:05.880]  insight.
[01:14:05.880 --> 01:14:09.560]  You are not a citizen.
[01:14:09.560 --> 01:14:14.480]  A citizen is a subject of the sovereign.
[01:14:14.480 --> 01:14:17.320]  You are the sovereign.
[01:14:17.320 --> 01:14:18.560]  So we don't have citizens.
[01:14:18.560 --> 01:14:21.040]  We have sovereigns.
[01:14:21.040 --> 01:14:28.680]  And the one whose duty it is to keep the law and ensure that the law is sacrosanct is the
[01:14:28.680 --> 01:14:31.280]  sovereign and we haven't done our jobs.
[01:14:31.280 --> 01:14:32.600]  We can use this to do our jobs.
[01:14:32.600 --> 01:14:37.160]  So I'm going to quick preaching again and proceed.
[01:14:37.160 --> 01:14:38.160]  Function of the prosecutor.
[01:14:38.160 --> 01:14:41.320]  I could have got that one.
[01:14:41.320 --> 01:14:45.800]  Did the prosecutor buy by the professional standards applicable to the prosecutor's
[01:14:45.800 --> 01:14:52.880]  function and abide by all the laws relating to the prosecutor's office?
[01:14:52.880 --> 01:14:56.680]  We filed this one on a regular basis.
[01:14:56.680 --> 01:15:05.160]  If this occurs, not only is it cause for a professional conduct complaint, it's also
[01:15:05.160 --> 01:15:09.480]  cause for criminal complaints against the prosecuting attorney.
[01:15:09.480 --> 01:15:16.000]  Under 39.03 penal code for public official, acting under the code of his authority, exerts
[01:15:16.000 --> 01:15:21.240]  a proportion to exerted authority he doesn't expressly have or fails to perform a duty
[01:15:21.240 --> 01:15:22.640]  he's required to perform.
[01:15:22.640 --> 01:15:24.840]  That's a class A misdemeanor in the state of Texas.
[01:15:24.840 --> 01:15:30.600]  Okay, we're going to go to function 3.12.
[01:15:30.600 --> 01:15:32.560]  The function of the prosecutor.
[01:15:32.560 --> 01:15:34.520]  Did the prosecutor fail to refuse to...
[01:15:34.520 --> 01:15:35.520]  Oh, I'm sorry.
[01:15:35.520 --> 01:15:37.800]  That's the one I just did.
[01:15:37.800 --> 01:15:42.560]  Fun 3, conflicts.
[01:15:42.560 --> 01:15:46.240]  Did the prosecutor fail or avoid a conflict of...
[01:15:46.240 --> 01:15:51.800]  Fail to avoid conflict of interest with respect to his or her duties?
[01:15:51.800 --> 01:16:01.560]  And we can determine what constitutes a conflict of interest by going to the American Bar Association
[01:16:01.560 --> 01:16:06.120]  model standards for lawyers that has two sections on conflict of interest.
[01:16:06.120 --> 01:16:11.320]  I think it's 1.7 and 1.8.
[01:16:11.320 --> 01:16:16.320]  Did the prosecutor represent you or someone else in the jurisdiction where she or he
[01:16:16.320 --> 01:16:19.320]  was employed as a prosecutor?
[01:16:19.320 --> 01:16:25.720]  Often in the smaller jurisdictions, prosecutors will maintain a private practice.
[01:16:25.720 --> 01:16:33.960]  As a rule, they can represent civil matters, but for the most part if they're a prosecutor
[01:16:33.960 --> 01:16:36.320]  they can't represent a criminal matter.
[01:16:36.320 --> 01:16:41.120]  This is Randy Kelton, David Stevens, Maddie Craig, rules on radio, our call in number
[01:16:41.120 --> 01:16:42.120]  512-646-1984.
[01:16:42.120 --> 01:16:49.880]  Give us a call, comment, I'll do a few more of these, Doug, I see you there.
[01:16:49.880 --> 01:16:55.840]  I will take your call on the other side and if it's not on point, I will lambaste you
[01:16:55.840 --> 01:16:57.840]  with my taste.
[01:16:57.840 --> 01:17:11.840]  Hey, tangy, tangerine, see what you've done to me, I'm losing weight and I'm not half
[01:17:11.840 --> 01:17:14.840]  the man I used to be.
[01:17:14.840 --> 01:17:22.840]  Hey, tangy, tangerine, you make me feel so good, I don't eat so much food, ain't I a
[01:17:22.840 --> 01:17:28.840]  side compared to what I used to be.
[01:17:28.840 --> 01:17:38.840]  Calcium, magnesium, selenium and zinc, take a moment now and think, if you have a little
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[01:21:03.840 --> 01:21:09.840]  And now they finally convicted the little Mark Norwood.
[01:21:09.840 --> 01:21:11.840]  Okay, wait a minute.
[01:21:11.840 --> 01:21:13.840]  Okay, I understand that's the problem.
[01:21:13.840 --> 01:21:14.840]  Right.
[01:21:14.840 --> 01:21:16.840]  What is your question?
[01:21:16.840 --> 01:21:18.840]  I think I know what it is, but...
[01:21:18.840 --> 01:21:24.840]  Well, the question is, Randy, who should serve the most time?
[01:21:24.840 --> 01:21:31.840]  I mean, Michael Martin obviously already has, but shouldn't Ken Anderson, the guy that had
[01:21:31.840 --> 01:21:35.840]  the public duty to...
[01:21:35.840 --> 01:21:37.840]  Absolutely.
[01:21:37.840 --> 01:21:39.840]  And what he did was criminal.
[01:21:39.840 --> 01:21:41.840]  Right.
[01:21:41.840 --> 01:21:42.840]  It was...
[01:21:42.840 --> 01:21:45.840]  Is the guy still alive?
[01:21:45.840 --> 01:21:48.840]  Right.
[01:21:48.840 --> 01:21:52.840]  Is the lawyer still alive?
[01:21:52.840 --> 01:21:58.840]  Well, I don't know if the lawyer's still alive or what.
[01:21:58.840 --> 01:22:00.840]  Okay, we can't...
[01:22:00.840 --> 01:22:07.840]  If he was still alive, the question would become statute of limitations.
[01:22:07.840 --> 01:22:19.840]  On the crime, would the clocks not run as long as the harm was still being applied?
[01:22:19.840 --> 01:22:25.840]  Every day, you would think this Michael Martin was being harmed each day.
[01:22:25.840 --> 01:22:26.840]  Right.
[01:22:26.840 --> 01:22:31.840]  So the harm caused by the crime would continue, but what the courts are going to say is statute
[01:22:31.840 --> 01:22:35.840]  of limitations on the crime have long since passed.
[01:22:35.840 --> 01:22:39.840]  They can't test on murder crime.
[01:22:39.840 --> 01:22:43.840]  Well, the lawyer didn't commit murder.
[01:22:43.840 --> 01:22:48.840]  The lawyer committed official oppression.
[01:22:48.840 --> 01:22:58.840]  Well, but what I'm saying is that the guys out after 25 years and they're very loving
[01:22:58.840 --> 01:23:06.840]  and forgiving and this and that and the other, I'm not because I see people like...
[01:23:06.840 --> 01:23:08.840]  You know, the guys...
[01:23:08.840 --> 01:23:10.840]  Wait, I don't understand your point.
[01:23:10.840 --> 01:23:12.840]  What's your point?
[01:23:12.840 --> 01:23:14.840]  This was a bad thing?
[01:23:14.840 --> 01:23:16.840]  Sure.
[01:23:16.840 --> 01:23:18.840]  That it shouldn't happen?
[01:23:18.840 --> 01:23:19.840]  Sure.
[01:23:19.840 --> 01:23:20.840]  What is our remedy?
[01:23:20.840 --> 01:23:22.840]  I don't know.
[01:23:22.840 --> 01:23:26.840]  Everything in law doesn't have an easy remedy.
[01:23:26.840 --> 01:23:34.840]  What I'm saying, Randy, is that Ken Anderson, the guy that actually hid the
[01:23:34.840 --> 01:23:47.840]  exculptory evidence and could sleep with himself every night knowing that there was medicine
[01:23:47.840 --> 01:23:51.840]  in jail, isn't there any problem with that?
[01:23:51.840 --> 01:23:52.840]  Well, what about it?
[01:23:52.840 --> 01:23:54.840]  What are we going to do about it?
[01:23:54.840 --> 01:23:56.840]  People are horrible to each other.
[01:23:56.840 --> 01:24:00.840]  And if you go to Tim Anderson, he's going to say, well, he probably did something else.
[01:24:00.840 --> 01:24:06.840]  He deserved that for because all he does is deal with criminals all day, every day, and
[01:24:06.840 --> 01:24:07.840]  they get screwed up.
[01:24:07.840 --> 01:24:09.840]  They lose their compassion.
[01:24:09.840 --> 01:24:16.840]  And I understand this is a bad thing and we need to keep this from happening.
[01:24:16.840 --> 01:24:21.840]  If we wait until we discover it a quarter of a century later, well, that's no great
[01:24:21.840 --> 01:24:22.840]  help.
[01:24:22.840 --> 01:24:23.840]  What?
[01:24:23.840 --> 01:24:26.840]  We need to stop them now.
[01:24:26.840 --> 01:24:34.840]  How many bar grievances have you filed against lawyers or prosecutors who've prosecuted
[01:24:34.840 --> 01:24:38.840]  you for minor stuff?
[01:24:38.840 --> 01:24:42.840]  Well, I hadn't been, you know, I always bailed my way out of it.
[01:24:42.840 --> 01:24:46.840]  I always get out of it.
[01:24:46.840 --> 01:24:53.840]  Well, have you grieved any of the lawyers for violating minor little restrictions?
[01:24:53.840 --> 01:24:58.840]  I hadn't had a lawyer in, you know, 50 years.
[01:24:58.840 --> 01:24:59.840]  Okay.
[01:24:59.840 --> 01:25:01.840]  This is the only way we're going to fix this.
[01:25:01.840 --> 01:25:06.840]  We're not going to fix this by shooting a lawyer 25 years later.
[01:25:06.840 --> 01:25:14.840]  We're not going to fix it by waiting until something really horrible happens and then
[01:25:14.840 --> 01:25:17.840]  rise up in arms and wear them like it's indignation.
[01:25:17.840 --> 01:25:18.840]  What?
[01:25:18.840 --> 01:25:23.840]  It's like, you know, I think of them like I do my grandkids.
[01:25:23.840 --> 01:25:29.840]  I'm not going to wait to tell my grandkids to stay out of the road until one of them
[01:25:29.840 --> 01:25:32.840]  gets run over.
[01:25:32.840 --> 01:25:37.840]  The first time their toes touch the side of that road, I'm fixing to snatch them up and
[01:25:37.840 --> 01:25:43.840]  tan their eyes so that that big problem never occurs.
[01:25:43.840 --> 01:25:44.840]  Why?
[01:25:44.840 --> 01:25:54.840]  The whole point of this presentation here is do not wait until the lawyer does something
[01:25:54.840 --> 01:25:55.840]  horrific.
[01:25:55.840 --> 01:26:00.840]  Sting him the first crack out of the hat.
[01:26:00.840 --> 01:26:02.840]  Sting him at every opportunity.
[01:26:02.840 --> 01:26:09.840]  So that when he comes before the court, he's afraid this dirty rotten rascal, he's going
[01:26:09.840 --> 01:26:14.840]  to grieve me every time I breathe.
[01:26:14.840 --> 01:26:16.840]  So that he is careful and does it right.
[01:26:16.840 --> 01:26:24.840]  If we get enough people doing this, doing the job right will become a part of the culture.
[01:26:24.840 --> 01:26:29.840]  Right now we have a culture of corruption and we need to fix that.
[01:26:29.840 --> 01:26:33.840]  I haven't been a lawyer in four years.
[01:26:33.840 --> 01:26:34.840]  Okay.
[01:26:34.840 --> 01:26:35.840]  Okay.
[01:26:35.840 --> 01:26:37.840]  Well, we're trying to get through all of this.
[01:26:37.840 --> 01:26:43.840]  We just thought, yeah, I heard something down there where they said, oh, my kids are
[01:26:43.840 --> 01:26:45.840]  doing this bad and that bad.
[01:26:45.840 --> 01:26:54.840]  And they said, you waited 16 years and 200 pounds too long to deal with the problem.
[01:26:54.840 --> 01:26:55.840]  Exactly.
[01:26:55.840 --> 01:26:58.840]  You were exactly on point.
[01:26:58.840 --> 01:27:03.840]  I was just talking to somebody about that recently where they did not discipline their
[01:27:03.840 --> 01:27:04.840]  children.
[01:27:04.840 --> 01:27:09.840]  And I was saying, they're punishing the children.
[01:27:09.840 --> 01:27:15.840]  I grew up in Chicago on the near north side.
[01:27:15.840 --> 01:27:21.840]  The whole neighborhood used to talk about how our parents used to beat the crap out of
[01:27:21.840 --> 01:27:24.840]  us and we had a lot of people complain about it.
[01:27:24.840 --> 01:27:32.840]  But once we grew up, those kids who had parents that did not discipline them, they did not
[01:27:32.840 --> 01:27:35.840]  want to try to compete with me.
[01:27:35.840 --> 01:27:36.840]  I had discipline.
[01:27:36.840 --> 01:27:38.840]  My father gave it to me.
[01:27:38.840 --> 01:27:40.840]  I didn't like it.
[01:27:40.840 --> 01:27:46.840]  At the time I would have rather been able to do anything I wanted to.
[01:27:46.840 --> 01:27:52.840]  And he wouldn't let me do anything I wanted to for the first 15 years of my life, actually
[01:27:52.840 --> 01:27:55.840]  the first seven or eight years of my life.
[01:27:55.840 --> 01:27:58.840]  And that was all it took.
[01:27:58.840 --> 01:28:03.840]  Because by that time, he had given me the gift of discipline.
[01:28:03.840 --> 01:28:09.840]  After that, I had it in my psyche.
[01:28:09.840 --> 01:28:13.840]  It was part of my development.
[01:28:13.840 --> 01:28:20.840]  If you haven't given it to them by then, they will spend their whole life being beat up
[01:28:20.840 --> 01:28:27.840]  by the culture around them and constantly feeling mistreated and put upon when most of their
[01:28:27.840 --> 01:28:30.840]  problems are generated by themselves.
[01:28:30.840 --> 01:28:39.840]  And it's because the parents wanted to be their buddies and didn't do their job.
[01:28:39.840 --> 01:28:45.840]  This is why I keep saying, I am not after these prosecutors.
[01:28:45.840 --> 01:28:46.840]  It's a hard job.
[01:28:46.840 --> 01:28:49.840]  I wouldn't want to have it.
[01:28:49.840 --> 01:28:52.840]  And they need our help.
[01:28:52.840 --> 01:28:59.840]  When you deal with criminals all day, every day, these guys who will stand and look you
[01:28:59.840 --> 01:29:05.840]  in the eye and lie like a dog when the truth would do better, you kind of get hardened
[01:29:05.840 --> 01:29:10.840]  to that kind of stuff and you kind of begin to think that everybody is a criminal.
[01:29:10.840 --> 01:29:16.840]  Because you're a policeman and ninety-six percent, ninety-seven percent of the crime is
[01:29:16.840 --> 01:29:22.840]  committed by about six percent of the population, or is it eighty percent of the crime, by six
[01:29:22.840 --> 01:29:23.840]  percent?
[01:29:23.840 --> 01:29:26.840]  You always deal with that six percent.
[01:29:26.840 --> 01:29:31.840]  The rest of us are good guys and you come to think that everybody is like that.
[01:29:31.840 --> 01:29:36.840]  They need us to show them that that's not the case.
[01:29:36.840 --> 01:29:39.840]  Okay, this is Randy Kelton, Debra Stevens.
[01:29:39.840 --> 01:29:46.840]  Rural Law Radio, I call in number 512-646-1984.
[01:29:46.840 --> 01:29:52.840]  When we come back, we're going to go back to the American Bar Association standards
[01:29:52.840 --> 01:29:59.840]  for the prosecutorial function, duty to respond to misconduct.
[01:29:59.840 --> 01:30:02.840]  Girls and boys, is the big difference the toys?
[01:30:02.840 --> 01:30:05.840]  It turns out gender is about more than just dolls and trucks.
[01:30:05.840 --> 01:30:09.840]  I'm Dr. Catherine Albright and I'll be back in a moment to share some interesting differences
[01:30:09.840 --> 01:30:11.840]  between the sexes.
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[01:30:42.840 --> 01:30:46.840]  Researchers and parents know that girls prefer dolls while boys head for the trucks.
[01:30:46.840 --> 01:30:48.840]  But gender differences don't stop there.
[01:30:48.840 --> 01:30:52.840]  Psychologists have discovered that the sexes have favorite colors, temperature preferences,
[01:30:52.840 --> 01:30:54.840]  and they even hear differently.
[01:30:54.840 --> 01:30:57.840]  Girls are attracted to warm colors like red, yellow and orange.
[01:30:57.840 --> 01:31:02.840]  They also tend to work better in warmer temperatures and interpret loud speaking as threatening.
[01:31:02.840 --> 01:31:06.840]  Boys, on the other hand, are drawn to cooler colors like blue, black and gray.
[01:31:06.840 --> 01:31:11.840]  They tend to learn better in cooler temperatures and they associate loud speaking with confidence.
[01:31:11.840 --> 01:31:15.840]  But think twice before redecorating, changing the thermostat or modulating your voice.
[01:31:15.840 --> 01:31:19.840]  Scientists say these gender differences are tendencies, not hard, fast rules.
[01:31:19.840 --> 01:31:21.840]  I'm Dr. Catherine Albrecht.
[01:31:21.840 --> 01:31:29.840]  More news and information at CatherineAlbrecht.com.
[01:31:29.840 --> 01:31:36.840]  A noble lie, Oklahoma City, 1995 will change forever the way you look at the true nature of terrorism.
[01:31:36.840 --> 01:31:40.840]  Based on the damage patting to the building, but the government seems impossible.
[01:31:40.840 --> 01:31:43.840]  The grand jury did not want to hear anything I had to say.
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[01:31:47.840 --> 01:31:52.840]  Some of these columns were ripped up, shredded, tossed around.
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[01:33:24.840 --> 01:33:44.840]  OK, we are back. Randy Kelton and Debra Stevens at Rue La Radio.
[01:33:44.840 --> 01:33:53.840]  And we're going to go to one of my favorite sections of the American Bar Association Standards for the Projectile Function.
[01:33:53.840 --> 01:33:58.840]  3-1.5.
[01:33:58.840 --> 01:34:02.840]  Duty to respond to misconduct.
[01:34:02.840 --> 01:34:11.840]  Did the prosecutor, having knowledge that another person associated with the prosecutor's office was engaged in an action,
[01:34:11.840 --> 01:34:18.840]  intended to act or refused to act in a manner that was a violation of legal obligation to the prosecutor's office,
[01:34:18.840 --> 01:34:25.840]  where violation of law refer the matter to higher authority in the prosecutor's office,
[01:34:25.840 --> 01:34:33.840]  included if warranted by the seriousness of the matter referral to the chief prosecutor.
[01:34:33.840 --> 01:34:42.840]  I don't, you know, one thing, this is a problem that prosecutors will definitely have because they work with these people.
[01:34:42.840 --> 01:34:51.840]  And they're in this culture where they all slither up behind this thin blue line.
[01:34:51.840 --> 01:34:58.840]  They think of themselves as the last bastion against chaos.
[01:34:58.840 --> 01:35:11.840]  The slightest crack in their professional egg will lead to a total breakdown and we will be at each other's throats like a pack of dogs.
[01:35:11.840 --> 01:35:15.840]  Well, that is horse manure.
[01:35:15.840 --> 01:35:19.840]  96% of us are the good guys.
[01:35:19.840 --> 01:35:26.840]  We can get rid of all of the police and we will not be reduced to chaos.
[01:35:26.840 --> 01:35:38.840]  In spite of these movies you see where the landscape is filled with roving bands of ruthless criminals,
[01:35:38.840 --> 01:35:47.840]  not going to happen because they'll run into 96% of the population who are the good guys.
[01:35:47.840 --> 01:35:51.840]  The bad guys are badly outnumbered.
[01:35:51.840 --> 01:35:56.840]  So the police are not the last bastion against chaos.
[01:35:56.840 --> 01:36:03.840]  They do not have to protect themselves against all accusations no matter how valid,
[01:36:03.840 --> 01:36:10.840]  but that's what they do and they'll keep doing in that until we put a stop to that nonsense.
[01:36:10.840 --> 01:36:17.840]  We have the laws in place that requires them to do their professional duty,
[01:36:17.840 --> 01:36:22.840]  but they are not going to do it unless we hammer them for it.
[01:36:22.840 --> 01:36:43.840]  And I find it much more effective to sting somebody for not performing a professional function that does not directly affect them.
[01:36:43.840 --> 01:36:54.840]  And this is why we talk so much about going to the prosecuting attorney and asking him to take a criminal complaint against a public official, somebody he works with.
[01:36:54.840 --> 01:37:03.840]  Now, he doesn't want to prosecute people he works with and that's to be expected.
[01:37:03.840 --> 01:37:05.840]  Our legislators understood that.
[01:37:05.840 --> 01:37:11.840]  That's why they put Article 2.03 Code of Criminal Procedure in place.
[01:37:11.840 --> 01:37:25.840]  And it is the first statute under duties of officers that tells the prosecutor that he must do a certain thing.
[01:37:25.840 --> 01:37:34.840]  It says that when a prosecutor is made known in any manner that a public official has violated a law relating to his office,
[01:37:34.840 --> 01:37:41.840]  he shall reduce the complaint to an information and submit it to the grand jury.
[01:37:41.840 --> 01:37:45.840]  It used to say fourth wit, but they took that out.
[01:37:45.840 --> 01:37:51.840]  I took this to a prosecuting attorney in Denton County.
[01:37:51.840 --> 01:37:56.840]  The previous prosecutor had just gotten thrown out of office.
[01:37:56.840 --> 01:38:03.840]  The current prosecutor ran against this Bruce Isaacs because Bruce Isaacs was so corrupt.
[01:38:03.840 --> 01:38:05.840]  Got him thrown out.
[01:38:05.840 --> 01:38:12.840]  And I talked to a Tom Thornton, who was the head of their criminal intake section.
[01:38:12.840 --> 01:38:16.840]  I handed him Article 2.03 Code of Criminal Procedure.
[01:38:16.840 --> 01:38:24.840]  And this was a month after they got into office, so they were still just getting things together.
[01:38:24.840 --> 01:38:33.840]  He read that and he said, that takes away all discretion.
[01:38:33.840 --> 01:38:36.840]  I said, yeah, that's the way I read it.
[01:38:36.840 --> 01:38:45.840]  So it was clear to him what that meant, that in the matter of a complaint against a public official,
[01:38:45.840 --> 01:38:58.840]  prosecuting attorney has no discretion and what this standard goes to is every prosecutor in the prosecutor's office
[01:38:58.840 --> 01:39:11.840]  has a duty to give notice when another member of the prosecutor's office fails to perform a duty they're required to perform.
[01:39:11.840 --> 01:39:23.840]  So as we build this process, one of the things we want to add to this, like in this particular grievance,
[01:39:23.840 --> 01:39:38.840]  once if you select this grievance, then the system will go to another page that will ask you to list all of the prosecutors employed in this prosecutor's office.
[01:39:38.840 --> 01:39:49.840]  And it will write a complaint against each of them for not reporting the one against whom you are complaining.
[01:39:49.840 --> 01:39:53.840]  We will get this thing cranked up.
[01:39:53.840 --> 01:40:10.840]  When this low-level prosecutor in the prosecutor's office who got a job at the prosecutor's office because he didn't get picked up by a law firm when he got out of law school and he thought that he was a mascot for one of the beer companies,
[01:40:10.840 --> 01:40:22.840]  barely passed his bar, didn't have enough sense to go into his own practice and be able to make a living, so he went to work for the prosecutor's office where he didn't have to do anything.
[01:40:22.840 --> 01:40:30.840]  But now, every time somebody else in the office fails to do something they're supposed to, he gets a bar grievance.
[01:40:30.840 --> 01:40:35.840]  If he leaves the prosecutor's office, there's no way he can get malpractice insurance.
[01:40:35.840 --> 01:40:40.840]  There's no way another law firm will pick him up because he got too many bar grievances against him.
[01:40:40.840 --> 01:40:44.840]  Their malpractice insurance will go through the roof.
[01:40:44.840 --> 01:40:46.840]  This is how we're going to fix it.
[01:40:46.840 --> 01:40:53.840]  That is, we will injure some poor lawyer's career.
[01:40:53.840 --> 01:40:57.840]  Not my purpose, not my intent.
[01:40:57.840 --> 01:41:02.840]  Collateral damage. Sorry, Bubba. Life is tough.
[01:41:02.840 --> 01:41:06.840]  But we do our jobs. We take our loves.
[01:41:06.840 --> 01:41:08.840]  So, let me move ahead.
[01:41:08.840 --> 01:41:14.840]  Duty to respond to misconduct on failure of the chief prosecutor to take corrective action.
[01:41:14.840 --> 01:41:21.840]  Did the prosecutor take further remedial action, including revealing the information necessary to
[01:41:21.840 --> 01:41:29.840]  remedy this violation to other appropriate government officials, not in the prosecutor's office?
[01:41:29.840 --> 01:41:34.840]  That would be taking the action to some judge.
[01:41:34.840 --> 01:41:42.840]  Well, specifically in Texas, it would be taking it to the district judge.
[01:41:42.840 --> 01:41:47.840]  I can't imagine a prosecutor ever doing that.
[01:41:47.840 --> 01:41:50.840]  Okay, that's my favorite section.
[01:41:50.840 --> 01:41:54.840]  We're going to go to some, I skipped over public statements.
[01:41:54.840 --> 01:42:03.840]  That happens on occasion, but you can go to that if you have something that tends to point to that.
[01:42:03.840 --> 01:42:08.840]  I'll go through some of these relatively quickly because timing is moving along.
[01:42:08.840 --> 01:42:15.840]  Prosecutor's authority to be vested in public office in a relationship with prosecutor's office.
[01:42:15.840 --> 01:42:17.840]  I'm going to skip those.
[01:42:17.840 --> 01:42:22.840]  Investigation for the prosecution decision.
[01:42:22.840 --> 01:42:26.840]  These ought to be fun.
[01:42:26.840 --> 01:42:37.840]  To see, did the prosecutor investigate suspected illegal activity when it was not adequately dealt with by other agencies?
[01:42:37.840 --> 01:42:46.840]  I just went to the Parker County, Texas, where a friend of mine is in jail there, over this driver's license issue.
[01:42:46.840 --> 01:42:48.840]  He's driving around with no license.
[01:42:48.840 --> 01:42:52.840]  In the third time, they popped him forth and threw him in jail.
[01:42:52.840 --> 01:43:01.840]  I went and looked in the county record, in the records of his case, and found a Rita Habeas Corpus, but no return on the writ.
[01:43:01.840 --> 01:43:11.840]  I went to the district attorney to file criminal charges against the judge for pursuing adjudication of the case without hearing the writ.
[01:43:11.840 --> 01:43:22.840]  He sent his investigators out to throw me out in the street and failed to investigate into the illegal activity.
[01:43:22.840 --> 01:43:26.840]  I'm going to have fun nailing the prosecutor with this one.
[01:43:26.840 --> 01:43:31.840]  We're about to go to break. I have several more of these when we come back.
[01:43:31.840 --> 01:43:34.840]  This is really getting to the fun part.
[01:43:34.840 --> 01:43:36.840]  Ramon, I see you there.
[01:43:36.840 --> 01:43:39.840]  I will take your question on the other side.
[01:43:39.840 --> 01:43:41.840]  This is Randy Kelton.
[01:43:41.840 --> 01:43:42.840]  Denver Stevens, rule of law.
[01:43:42.840 --> 01:43:48.840]  Radio or call in number 512-646-1984.
[01:43:48.840 --> 01:43:55.840]  We're running out of time tonight, but if you have some questions or comments, send us an email if you've had any of this stuff happen through here.
[01:43:55.840 --> 01:43:59.840]  We'll talk about it tomorrow night. We'll be right back.
[01:43:59.840 --> 01:44:08.840]  It is so enlightening to listen to 90.1 FM, but finding things on the Internet isn't so easy, and neither is finding like-minded people to share it with.
[01:44:08.840 --> 01:44:11.840]  Oh, well, I guess you haven't heard of Brave New Books then.
[01:44:11.840 --> 01:44:12.840]  Brave New Books?
[01:44:12.840 --> 01:44:19.840]  Yes. Brave New Books has all the books and DVDs you're looking for by authors like Alex Jones, Ron Paul, and G. Edward Griffin.
[01:44:19.840 --> 01:44:23.840]  They even stock inner food, Burkey products, and Calvin Soaps.
[01:44:23.840 --> 01:44:25.840]  There's no way a place like that exists.
[01:44:25.840 --> 01:44:31.840]  Go check it out for yourself. It's downtown at 1904 Guadalupe Street, just south of UT.
[01:44:31.840 --> 01:44:34.840]  Oh, by UT? There's never anywhere to park down there.
[01:44:34.840 --> 01:44:42.840]  Actually, they now offer a free hour of parking for paying customers at the 500 MLK parking facility just behind the bookstore.
[01:44:42.840 --> 01:44:46.840]  It does exist, but when are they open?
[01:44:46.840 --> 01:44:54.840]  Monday through Saturday, 11 a.m. to 9 p.m., and 1 to 6 p.m. on Sundays. So get them a call at 512-480-2503,
[01:44:54.840 --> 01:44:59.840]  or check out their events page at bravenewbookstore.com.
[01:44:59.840 --> 01:45:03.840]  Are you the plaintiff or defendant in a lawsuit?
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[01:46:21.840 --> 01:46:38.840]  Okay, we are back.
[01:46:38.840 --> 01:46:41.840]  Randy Kelton, Deborah Stevens, ruleoflawradio.
[01:46:41.840 --> 01:46:45.840]  And I was going to jump over a few of these.
[01:46:45.840 --> 01:46:48.840]  There's too many for us to get to in this short of time.
[01:46:48.840 --> 01:46:51.840]  But we have a caller.
[01:46:51.840 --> 01:46:54.840]  I'm going to go to Ramon in Texas.
[01:46:54.840 --> 01:46:57.840]  Ramon, what do you have for us tonight?
[01:46:57.840 --> 01:47:02.840]  Ramon, are you there?
[01:47:02.840 --> 01:47:07.840]  Apparently not.
[01:47:07.840 --> 01:47:11.840]  We must have put Ramon to sleep.
[01:47:11.840 --> 01:47:21.840]  Okay, this is that we're going to go then to relations with the grand jury, my favorite part.
[01:47:21.840 --> 01:47:37.840]  Did the prosecutor fail to appropriately explain the law or express an opinion on the legal significance of evidence while giving due deference to its status as an independent legal body?
[01:47:37.840 --> 01:47:53.840]  This particular one kind of struck my interest because the prosecutor claims that everything that goes on before a grand jury is secret.
[01:47:53.840 --> 01:48:09.840]  If that is the case, then it would make it virtually impossible or at least impractical to make any determinations concerning this particular standard.
[01:48:09.840 --> 01:48:25.840]  So if this is a professional requirement, this should give us standing where we have reason to believe that the prosecutor misinformed a grand jury or at least give us standing to request the information,
[01:48:25.840 --> 01:48:45.840]  or at least give the option to the grand jury to release this information only in as much as it concerns false advice by the prosecutor.
[01:48:45.840 --> 01:48:57.840]  So I looked at this in particularly as a way to get the courts to redefine some of the secrecy surrounding the grand jury in Texas.
[01:48:57.840 --> 01:49:03.840]  In Texas, the statutes make the grand juries more secret than in most other states.
[01:49:03.840 --> 01:49:15.840]  In the FAD, the only thing that's secret as concerns a grand jury by statute is their deliberations in quorum.
[01:49:15.840 --> 01:49:19.840]  Everything else is open to public.
[01:49:19.840 --> 01:49:34.840]  Okay, we'll go on to, did the prosecutor make statements or arguments in an effort to influence grand jury action in a manner which would be impermissible at trial before a pettit jury?
[01:49:34.840 --> 01:49:54.840]  Again, these are things that if they keep the grand jury proceeding secret, the only way we can get to these issues would be by interviewing grand jury members after they were off the grand jury.
[01:49:54.840 --> 01:50:10.840]  Well, while we couldn't directly address these, if we advise the grand juror of the impropriety of these acts, we may well get the grand juror to take some action or at least give us the information to where we could.
[01:50:10.840 --> 01:50:22.840]  Relations with grand jury, did the prosecutor ensure that all communications and presentations of the grand jury were on the record?
[01:50:22.840 --> 01:50:31.840]  We had Tony Davis who did some research into the behavior of US attorneys.
[01:50:31.840 --> 01:50:51.840]  And in a case in California on superseding indictments, what he found to be happening with superseding indictments was that the prosecutor had a rubber stamp with the foreman of the grand jury's name on it.
[01:50:51.840 --> 01:51:02.840]  And the prosecutor would go into the grand jury and get an indictment on an issue on a very simple matter concerning the issue.
[01:51:02.840 --> 01:51:08.840]  And once he had an indictment, then they would go and investigate the issue.
[01:51:08.840 --> 01:51:14.840]  In any superseding indictments, he would not bring those to the grand jury.
[01:51:14.840 --> 01:51:16.840]  He would just rubber stamp those.
[01:51:16.840 --> 01:51:31.840]  And the way he determined that is he put in a request for the voucher from the court reporter who did the reporting for the grand jury.
[01:51:31.840 --> 01:51:38.840]  And on the day of this indictment, there was no voucher from the court reporter.
[01:51:38.840 --> 01:51:53.840]  So he contacted the court reporter and the court reporter indicated that he wasn't there that day, so he contacted the court and the clerk and found that the grand jury had not met that day.
[01:51:53.840 --> 01:51:58.840]  These are some of the shenanigans our US attorneys pull.
[01:51:58.840 --> 01:52:03.840]  And this is one of the ways we can go find it.
[01:52:03.840 --> 01:52:10.840]  Okay, quality and scope of evidence before grand jury.
[01:52:10.840 --> 01:52:23.840]  Did the prosecutor make statements or arguments to the grand jury and or present evidence to a grand jury which were not appropriate or authorized underlaw for presentation to the grand jury.
[01:52:23.840 --> 01:52:35.840]  Similarly, evidence that would be proper to present to a grand jury would be the same kind of evidence that would be proper to present to a pettit jury.
[01:52:35.840 --> 01:52:52.840]  So if a certain type of evidence was improper for presentation to a pettit jury, it would also be improper here except that hearsay evidence can be presented to a grand jury.
[01:52:52.840 --> 01:52:57.840]  Because the grand jury is not convicting the person.
[01:52:57.840 --> 01:53:05.840]  The grand jury is only deciding whether or not the person must stand an answer to the accusation.
[01:53:05.840 --> 01:53:18.840]  And for that purpose, a person can go before the grand go to the grand jury and say, I have a friend over here who knows this guy who terrifies him.
[01:53:18.840 --> 01:53:25.840]  And he saw this guy, he came to me and told me that he saw this guy commit this horrendous crime.
[01:53:25.840 --> 01:53:28.840]  And here are the facts he stated to me.
[01:53:28.840 --> 01:53:40.840]  They're not facts from my personal knowledge, but he would cannot bring them to you because he's terrified that if he does this guy'll do something horrible to him.
[01:53:40.840 --> 01:53:45.840]  This person told me this and I believe this person.
[01:53:45.840 --> 01:53:55.840]  Before I am making this accusation, the grand jury can accept that testimony for the purpose of indictment.
[01:53:55.840 --> 01:54:14.840]  Now that testimony would not be sufficient to go before a pettit jury toward prosecution, but it would be sufficient to get an indictment so that the police could then more thoroughly investigate the crime.
[01:54:14.840 --> 01:54:21.840]  And if they found that the evidence was untrue or unsupportable, then they could petition the court to dismiss.
[01:54:21.840 --> 01:54:23.840]  So there are procedures in place.
[01:54:23.840 --> 01:54:36.840]  Okay, did the prosecutor fail to inform the grand jurors that they had the right to hear any available witness, including eyewitnesses?
[01:54:36.840 --> 01:54:40.840]  This is something they almost never do.
[01:54:40.840 --> 01:54:50.840]  I will tell you that you can't go before a grand jury that only the prosecuting attorney can present to a grand jury.
[01:54:50.840 --> 01:54:54.840]  That is not true.
[01:54:54.840 --> 01:55:05.840]  It's true that only a prosecuting attorney can present evidence to a grand jury as a matter of right.
[01:55:05.840 --> 01:55:09.840]  They're statutorily authorized to do that.
[01:55:09.840 --> 01:55:18.840]  But anyone can present evidence to a grand jury at the request of the grand jury.
[01:55:18.840 --> 01:55:23.840]  Now I'm going to go to this one more discretion in the charging decision.
[01:55:23.840 --> 01:55:38.840]  Did the prosecutor cause to be instituted or permit the continued pendency of criminal charges when the prosecutor knew that the charges were not supported by probable cause?
[01:55:38.840 --> 01:55:42.840]  This is what Doug was going to.
[01:55:42.840 --> 01:55:50.840]  In this case, the prosecutor absolutely knew that the charges were not supported.
[01:55:50.840 --> 01:55:57.840]  So he fabricated information and withheld in from exculpatory evidence in Texas.
[01:55:57.840 --> 01:56:07.840]  Article 2.01, the one that says it shall be the primary duty, the prosecuting attorney, not to secure conviction, but to ensure that justice is served.
[01:56:07.840 --> 01:56:17.840]  It goes on to say he shall not seek witnesses or evidence that may show the innocence of the accused or mitigate the guilt of the accused.
[01:56:17.840 --> 01:56:24.840]  Very first article on duties of officers.
[01:56:24.840 --> 01:56:30.840]  Chapter 1 of the Code of Criminal Procedure goes primarily to definitions.
[01:56:30.840 --> 01:56:42.840]  There's nothing of any real substance in there other than the right to public courts, but there's nothing in there that tells anybody to do anything in particular.
[01:56:42.840 --> 01:56:49.840]  First one that goes to duties of any officers is Chapter 2, goes to duties of all the officers.
[01:56:49.840 --> 01:57:00.840]  First one they address is prosecuting attorney. First thing they tell him is that he has to provide exculpatory evidence.
[01:57:00.840 --> 01:57:11.840]  How many times have you heard on this show that you could not get the prosecutor to release the evidence that he had?
[01:57:11.840 --> 01:57:22.840]  Even though he is absolutely required to do so, they consistently refuse because they do not care if you're guilty or innocent.
[01:57:22.840 --> 01:57:29.840]  That is not their consideration. Their consideration is, can I get him to make a deal?
[01:57:29.840 --> 01:57:42.840]  We have a friend that just got acquitted and I really had to give her credit because she told him, screw you, no deals.
[01:57:42.840 --> 01:57:53.840]  And the prosecutor used our tax money to pursue prosecution of her for several years, stopped her from being able to practice her profession,
[01:57:53.840 --> 01:58:02.840]  cost her a fortune and she never ever backed up from them, got to the courthouse door and he dismissed the case.
[01:58:02.840 --> 01:58:10.840]  These guys are scoundrels and we need to create consequences to their behavior.
[01:58:10.840 --> 01:58:15.840]  This is Randy Kelton, Debra Stavens, Ruvla Radio.
[01:58:15.840 --> 01:58:23.840]  Thank you for listening. We will be back tomorrow night with our four hour info marathon.
[01:58:23.840 --> 01:58:28.840]  I'll see if I can't find something else interesting to go over tomorrow night.
[01:58:28.840 --> 01:58:34.840]  I've got a number of things of this nature. I may see if I can get the judicial conduct standard.
[01:58:34.840 --> 01:58:49.840]  Canada is ready for tomorrow night. So thank you for listening. Tune in tomorrow night. This is Randy Kelton, Debra Stavens, Ruvla Radio. Good night.
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