ROL_2016-08-05_16k_Hr1-2.timecode

[00:00.000 --> 00:06.000]  The following newsflash is brought to you by the Lone Star Lowdown, providing the daily
[00:06.000 --> 00:08.000]  bulletins for the commodities market.
[00:08.000 --> 00:21.000]  Today in history, news updates and the inside scoop into the tides of the alternative.
[00:21.000 --> 00:28.000]  Markets for Friday, the 5th of August, 2016, are currently treading with gold at $1,336.29 an ounce,
[00:28.000 --> 00:35.000]  silver, $19.71 an ounce, Texas crude, $41.93 a barrel, and Bitcoin is currently sitting
[00:35.000 --> 00:44.000]  at about $581 U.S. currency.
[00:44.000 --> 00:49.000]  Today in history, the year, last year, 2015, the Environmental Protection Agency at Gold
[00:49.000 --> 00:54.000]  King Mine accidentally releases a spill of 3 million gallons of heavy metal toxins and
[00:54.000 --> 00:59.000]  wastewater into the Animas River in Colorado, poisoning the water supply of the Navajo
[00:59.000 --> 01:02.000]  Nation, who later filed a suit against the EPA.
[01:02.000 --> 01:07.000]  Today in history.
[01:07.000 --> 01:11.000]  In recent news, Fairfax, Virginia County police arrested their mayor, Richard Scott
[01:11.000 --> 01:15.000]  Silverthorne, on charges of distributing methamphetamines as part of a meth-for-sex
[01:15.000 --> 01:16.000]  scheme.
[01:16.000 --> 01:20.000]  He was arrested Thursday after he allegedly provided meth to an undercover officer who
[01:20.000 --> 01:21.000]  met him at a hotel.
[01:21.000 --> 01:25.000]  Silverthorne, who is currently serving his third term as mayor, was charged with a felony
[01:25.000 --> 01:29.000]  of distribution of meth and misdemeanor of possession of drug paraphernalia.
[01:29.000 --> 01:33.000]  Commander of the Organized Crime and Narcotics Division, Captain Jack Harden, told
[01:33.000 --> 01:37.000]  reporters that an investigation into the mayor's activities began three weeks ago after
[01:37.000 --> 01:41.000]  a citizen had told police that the mayor was distributing meth through a website used
[01:41.000 --> 01:43.000]  for casual hookups between men.
[01:43.000 --> 01:48.000]  Fairfax is a city of about 23,000, roughly 20 miles west of Washington, D.C., and was
[01:48.000 --> 01:58.000]  ranked number three by Forbes in an article on the top 25 places to live well.
[01:58.000 --> 02:02.000]  Located in Greenland, Camp Century, an abandoned and buried U.S. Army base used at a
[02:02.000 --> 02:07.000]  research station test site for deploying nuclear missiles, is raising concerns from
[02:07.000 --> 02:11.000]  scientists who fear that the melting of the ice sheet under which the base was buried
[02:11.000 --> 02:16.000]  nearly five decades ago will expose vast amounts of chemical pollutants left behind by the
[02:16.000 --> 02:20.000]  Army, which could spread and have really negative consequences.
[02:20.000 --> 02:24.000]  Everything from radioactive cooling water to diesel fuel for generators and vehicles
[02:24.000 --> 02:29.000]  and sumps dug into the snow storing human waste were left behind when the base was shut
[02:29.000 --> 02:34.000]  down due to the impracticality of Project Iceworm, an effort to dig tunnels under the
[02:34.000 --> 02:39.000]  ice cap which could deliver nuclear bombs to Russia in case the Cold War went hot.
[02:39.000 --> 02:44.000]  Climate computer models say that the camp could be uncovered by the end of the century.
[02:44.000 --> 02:47.000]  The Lone Star Lowdown is currently looking for sponsors.
[02:47.000 --> 02:50.000]  If you have a product or a service you'd like to advertise with us, feel free to give
[02:50.000 --> 02:54.000]  me a call at 210-363-2257.
[02:54.000 --> 03:00.000]  This is Rick Brody with your Vodown for August 5th, 2016.
[03:00.000 --> 03:28.000]  Thanks for watching!
[03:30.000 --> 03:32.000]  Whatcha gonna do when they come for you?
[03:32.000 --> 03:35.000]  Bad boys, bad boys, whatcha gonna do?
[03:35.000 --> 03:38.000]  Whatcha gonna do when they come for you?
[03:38.000 --> 03:43.000]  When you were eight and you had bad traits, you'd go to school and learn the golden rules.
[03:43.000 --> 03:46.000]  So why are you acting like a bloody fool?
[03:46.000 --> 03:47.000]  Howdy, howdy.
[03:47.000 --> 03:55.000]  This is Randy Kelton back from the radio on this Friday, the fifth day of August 2016.
[03:55.000 --> 03:57.000]  We're supposed to have that on.
[03:57.000 --> 03:58.000]  We don't have her yet.
[03:58.000 --> 04:03.000]  I'm hoping we can get her in by the next segment.
[04:03.000 --> 04:10.000]  I haven't been able to reach her today so I'm not sure if we'll have her.
[04:10.000 --> 04:12.000]  Okay.
[04:12.000 --> 04:17.000]  I had a rather interesting day yesterday.
[04:17.000 --> 04:23.000]  I only spent about ten minutes in handcuffs so it's been worse.
[04:23.000 --> 04:38.000]  I have been wanting to take on this issue of the court not allowing us to record in the courtroom.
[04:38.000 --> 04:41.000]  We have case law that says we can.
[04:41.000 --> 04:44.000]  We have judges saying we can't.
[04:44.000 --> 04:53.000]  So I was in the courtroom with a fellow up here in the Dallas-Fort Worth area and I was before the judge,
[04:53.000 --> 04:56.000]  the one I pulled the hearing aid thing on.
[04:56.000 --> 05:03.000]  So he's a little annoyed with me anyway but he did have his sound system turned on this time.
[05:03.000 --> 05:08.000]  I almost told the bailiff to ask him to turn the sound down that it was too loud for my hearing aid
[05:08.000 --> 05:14.000]  but I figured that would get me arrested for sure so I didn't do that.
[05:14.000 --> 05:21.000]  But when he, about halfway through David's trial, when he asked me if I was recording,
[05:21.000 --> 05:24.000]  I said, well, yes, as a matter of fact, I am.
[05:24.000 --> 05:28.000]  And he had the cusp put on me immediately.
[05:28.000 --> 05:31.000]  And he took me to back room and they danced around a little while.
[05:31.000 --> 05:33.000]  Then he brought me back out before the judge.
[05:33.000 --> 05:38.000]  I think the judge thought better of it.
[05:38.000 --> 05:41.000]  And, you know, I questioned him about that.
[05:41.000 --> 05:48.000]  I don't see any signs that say I can't record and nobody said anything about me not recording.
[05:48.000 --> 05:59.000]  And Glick v. City of Boston from the Supreme says we can or from the Second Circuit says we can.
[05:59.000 --> 06:03.000]  He said, well, he doesn't care about the fact that this is the state.
[06:03.000 --> 06:08.000]  When I walk into this courtroom, I leave my rights at the door.
[06:08.000 --> 06:09.000]  Is that a fact?
[06:09.000 --> 06:13.000]  So where did you find that?
[06:13.000 --> 06:17.000]  I can't find that in law anywhere.
[06:17.000 --> 06:21.000]  But he decided he was going to let me off this time.
[06:21.000 --> 06:25.000]  But it gave me the claim that I needed.
[06:25.000 --> 06:36.000]  Now I'll be suing this judge for denying me in my right to record my public officials in the performance of their duty.
[06:36.000 --> 06:38.000]  This guy is a justice of the peace.
[06:38.000 --> 06:42.000]  He's been a justice of the peace for a very long time.
[06:42.000 --> 06:59.000]  And he actually said to me that it was illegal for anyone, even him, to record this hearing because it was not a court of record.
[06:59.000 --> 07:02.000]  And I asked him, where did you find that?
[07:02.000 --> 07:05.000]  I can't find that anywhere.
[07:05.000 --> 07:12.000]  As far as I can tell, you're not required to record this session, these hearings.
[07:12.000 --> 07:15.000]  But as far as I know, you can if you want to.
[07:15.000 --> 07:20.000]  And as far as I know, I can if I want to.
[07:20.000 --> 07:22.000]  Not in his court, I'd go to jail.
[07:22.000 --> 07:25.000]  So we're going to see how that works.
[07:25.000 --> 07:34.000]  I tried to get the bailiffs or the constables to arrest him and those chickens, they wouldn't do it.
[07:34.000 --> 07:46.000]  But I did notice something somewhat remarkable when I talked to the constables.
[07:46.000 --> 07:51.000]  Generally, constables are really difficult.
[07:51.000 --> 08:06.000]  But the bailiff in the courtroom and the two constables I talked to were surprisingly polite and considerate.
[08:06.000 --> 08:13.000]  I mean, they treated me like a human being instead of like a civilian.
[08:13.000 --> 08:19.000]  So I was rather surprised and very pleased.
[08:19.000 --> 08:30.000]  And the whole time I was wondering, is this the effect that all this turmoil of late is going to have on the police department?
[08:30.000 --> 08:34.000]  If that is the case, then that is a very good thing.
[08:34.000 --> 08:43.000]  It would be good for us and good for the police if the police realize they have to start treating us with some dignity and respect.
[08:43.000 --> 08:51.000]  I hate the way it had to come about, but I sure hope that all of that wasn't for nothing.
[08:51.000 --> 09:02.000]  Well, anyway, I'm going to be taking on the issue of whether or not you can record in the courtroom.
[09:02.000 --> 09:06.000]  So if anybody's got the good case law for me, send it to me.
[09:06.000 --> 09:18.000]  I've got so many research projects already that I didn't really need this one, but the way this one came about, it's pretty clean.
[09:18.000 --> 09:28.000]  So I'm not going after the judge for anything other than the recording the court issue.
[09:28.000 --> 09:33.000]  So you didn't do anything outrageously stupid beyond that.
[09:33.000 --> 09:39.000]  So I was pleased with that. They demonstrated a bit of deference.
[09:39.000 --> 09:42.000]  He then pretended like he didn't know who I was.
[09:42.000 --> 09:47.000]  He said, what is your name? And I kind of cocked my head and looked at him like, huh?
[09:47.000 --> 09:54.000]  So, oh, Mr. Kelton. Well, it's been a while, Mr. Kelton. It hasn't been that long.
[09:54.000 --> 10:00.000]  So he clearly remembered who I was. He just pretended like he didn't.
[10:00.000 --> 10:04.000]  Anyway, the phone lines are open. We'll have them open all night.
[10:04.000 --> 10:09.000]  The call-in number is 512-646-1984.
[10:09.000 --> 10:15.000]  We did put in an archive last night, and that's because our caller bridge was down.
[10:15.000 --> 10:21.000]  So it appears to be up today. I'm going to make sure it's turned on.
[10:21.000 --> 10:24.000]  So have the caller bridge turned on and open.
[10:24.000 --> 10:31.000]  So if you have a question or a comment, give us a call, 512-646-1984.
[10:31.000 --> 10:35.000]  And I'm hoping to have that on here shortly.
[10:35.000 --> 10:46.000]  And in the meantime, we have been, I've been working on putting together a paralegal service.
[10:46.000 --> 10:52.000]  And that came in handy yesterday evening. I went to court twice yesterday.
[10:52.000 --> 10:55.000]  The second time I went to court is here in this town I live in.
[10:55.000 --> 11:03.000]  I gave a friend of mine one of these challenges to subject matter jurisdiction
[11:03.000 --> 11:09.000]  and had him go through it and change all the things that went to his case.
[11:09.000 --> 11:15.000]  But he just took what I gave him and left it like it was. I don't think he even read it.
[11:15.000 --> 11:22.000]  He got into court and they kicked his behind. He did not take direction well.
[11:22.000 --> 11:29.000]  And the pleading had the wrong name in it. It had issues about another person in it.
[11:29.000 --> 11:33.000]  He never went through it and changed anything.
[11:33.000 --> 11:42.000]  But when he filed the information and filed the challenge to subject matter jurisdiction,
[11:42.000 --> 11:46.000]  he filed two information requests.
[11:46.000 --> 11:58.000]  And the lawyer for the court had the, when he filed the information request, the city never answered him.
[11:58.000 --> 12:09.000]  So he filed the day, the week ago when they came to trial, came to initial hearing,
[12:09.000 --> 12:14.000]  he filed a criminal complaint against the mayor for not responding to the information request.
[12:14.000 --> 12:20.000]  Well, they looked at the motions and stuff. The judge hadn't seen them before.
[12:20.000 --> 12:25.000]  So he decided to continue it for a week or so. It was two weeks I think they continued it,
[12:25.000 --> 12:27.000]  to give him time to read the motions.
[12:27.000 --> 12:36.000]  Well, the prosecuting attorney was prepared for us because he accused the guy of
[12:36.000 --> 12:42.000]  signing this document representing somebody else, just a whole bunch of nonsense.
[12:42.000 --> 12:54.000]  And he had the judge put the information requests on the docket for hearing as if they were motions.
[12:54.000 --> 12:59.000]  What he's trying to do is run interference for the mayor.
[12:59.000 --> 13:09.000]  And he testified, he complained that the most the information requests were filed with a motion.
[13:09.000 --> 13:14.000]  Therefore, the court thought it was motions. They were motions.
[13:14.000 --> 13:22.000]  And he clearly misrepresented the fact and the law to the court.
[13:22.000 --> 13:28.000]  His problem was, I've known the judge for 20 some odd years.
[13:28.000 --> 13:33.000]  And I tell everybody that so far as I am concerned,
[13:33.000 --> 13:39.000]  I trust Judge Autry to do what he thinks is right if it hairlips the pope.
[13:39.000 --> 13:42.000]  And the judge repeated that in court.
[13:42.000 --> 13:46.000]  And I finally got the litigator, he was screwing up everything.
[13:46.000 --> 13:50.000]  I finally got him to call me as a witness because they brought up my name.
[13:50.000 --> 13:52.000]  The prosecutor did.
[13:52.000 --> 14:00.000]  He brought up my name under alluding to the legal practice of law.
[14:00.000 --> 14:09.000]  So I had had him call me and the judge just let me tie right into that prosecutor.
[14:09.000 --> 14:12.000]  I worked him over.
[14:12.000 --> 14:20.000]  That he had, I had contacted the city manager because I was concerned with what was in the notice to appear.
[14:20.000 --> 14:25.000]  And that the information requests were included in the motions to appear.
[14:25.000 --> 14:37.000]  And this lawyer presented to the court that since they were filed with a motion,
[14:37.000 --> 14:46.000]  the city construed them as motions, even though they were titled open government request.
[14:46.000 --> 14:52.000]  And I spoke to the judge, your honor, I filed several information requests with you in the past.
[14:52.000 --> 14:55.000]  And I labeled them information requests.
[14:55.000 --> 15:02.000]  But a few years ago, the legislature changed the name from information,
[15:02.000 --> 15:08.000]  from the Public Information Act to the Open Government Act.
[15:08.000 --> 15:10.000]  For some reason they changed that.
[15:10.000 --> 15:16.000]  So I had to change the name on the filing to Open Government Act.
[15:16.000 --> 15:20.000]  Apparently this prosecutor doesn't know about that.
[15:20.000 --> 15:26.000]  But this document is titled Open Government Act.
[15:26.000 --> 15:33.000]  Now, whatever he may have construed it to be, whatever the title may be,
[15:33.000 --> 15:37.000]  it is what it is and not what the title says it is.
[15:37.000 --> 15:42.000]  And it is a request for open records.
[15:42.000 --> 15:55.000]  And he claimed that it asked for records that the city did not have available so that it should be denied.
[15:55.000 --> 15:58.000]  Duh, that's exactly the point.
[15:58.000 --> 16:00.000]  You don't have these records.
[16:00.000 --> 16:09.000]  But anyway, I lambasted him for that, that the court could not hear anything about these information requests
[16:09.000 --> 16:15.000]  because the Open Government Act in Texas is not a civil statute, it's a criminal statute.
[16:15.000 --> 16:21.000]  And a violation of the Act is a Class A misdemeanor, which this court could not hear.
[16:21.000 --> 16:26.000]  And when I told that to the judge, the judge looked over at this prosecutor like he wanted to shoot him.
[16:26.000 --> 16:30.000]  He was not happy camp.
[16:30.000 --> 16:37.000]  So the prosecutor is going to be even less happy because I'm going to bargain with you, the scoundrel.
[16:37.000 --> 16:40.000]  And see how that works out for him.
[16:40.000 --> 16:43.000]  We may get ourselves a new city attorney.
[16:43.000 --> 16:44.000]  Okay, we're about to go to break.
[16:44.000 --> 16:46.000]  We've got a couple of callers.
[16:46.000 --> 16:47.000]  Robert, I see you there.
[16:47.000 --> 16:49.000]  We'll pick you up when we come back.
[16:49.000 --> 16:52.000]  This is Randy Kelton, VetPak, Woodlow Radio.
[16:52.000 --> 17:00.000]  We'll be right back.
[17:22.000 --> 17:27.000]  I'm Randy Kelton.
[17:27.000 --> 17:31.000]  Thank you.
[17:31.000 --> 17:34.000]  I'm Randy Kelton.
[17:34.000 --> 17:39.000]  Thank you.
[17:39.000 --> 17:53.000]  I'm Randy Kelton.
[17:53.000 --> 18:13.000]  Thank you.
[18:13.000 --> 18:28.000]  Thank you.
[18:28.000 --> 18:43.000]  Thank you.
[18:43.000 --> 18:58.000]  Thank you.
[18:58.000 --> 19:19.000]  Thank you.
[19:19.000 --> 19:21.000]  Okay, we are back.
[19:21.000 --> 19:24.000]  Randy Kelton, Woodlow Radio.
[19:24.000 --> 19:28.000]  Looks like we've lost Vet, so we don't have a co-host anymore.
[19:28.000 --> 19:31.000]  I'm back doing it myself.
[19:31.000 --> 19:34.000]  We're going to go to Robert in Georgia.
[19:34.000 --> 19:42.000]  Okay, Robert, what do you have for us today?
[19:42.000 --> 19:45.000]  I think I might have put Robert to sleep.
[19:45.000 --> 19:49.000]  Robert, do you have your mic on mute?
[19:49.000 --> 19:50.000]  Good evening.
[19:50.000 --> 19:53.000]  There you go.
[19:53.000 --> 19:54.000]  Can you hear me now?
[19:54.000 --> 19:55.000]  Okay, good.
[19:55.000 --> 19:57.000]  I can hear you now.
[19:57.000 --> 20:06.000]  I have a friend at work that received a citation for speeding in Georgia,
[20:06.000 --> 20:14.000]  and wanted to know the best way to deal with this.
[20:14.000 --> 20:22.000]  What I'm looking at is trying to help her in any way that it can.
[20:22.000 --> 20:27.000]  And the best-case scenario probably would be to have a ticket dismissed,
[20:27.000 --> 20:33.000]  and without that happening, maybe a fine reduction,
[20:33.000 --> 20:41.000]  or to cost him as much as possible and have to pay the full price.
[20:41.000 --> 20:44.000]  Okay, well, if he doesn't do anything, it will cost him as much as possible,
[20:44.000 --> 20:47.000]  and he'll have to pay the full price.
[20:47.000 --> 20:56.000]  But I have found that fighting a ticket is about as difficult as fighting anything.
[20:56.000 --> 21:02.000]  These municipal courts see these traffic citations as a primary source
[21:02.000 --> 21:07.000]  of unauthorized tax, major income source for them.
[21:07.000 --> 21:10.000]  So they don't want anything.
[21:10.000 --> 21:15.000]  It's not that they're afraid of dismissing an individual's ticket.
[21:15.000 --> 21:20.000]  They don't want anything to undermine their ability to write all these tickets.
[21:20.000 --> 21:25.000]  So on the one hand, that tends to get them to fight you much harder.
[21:25.000 --> 21:31.000]  But on the other, if you bring questions and issues
[21:31.000 --> 21:37.000]  that looks like it may undermine their ability to write tickets all together,
[21:37.000 --> 21:41.000]  it could get them to want you to get rid of you and get you to go away
[21:41.000 --> 21:44.000]  and make you a deal for that purpose.
[21:44.000 --> 21:50.000]  So with that said, if he wants to fight the ticket,
[21:50.000 --> 21:54.000]  he has to do a little homework.
[21:54.000 --> 22:00.000]  He's got to read the transportation code for Georgia
[22:00.000 --> 22:05.000]  and read the enacting legislation.
[22:05.000 --> 22:09.000]  Because you don't want to get to the merits.
[22:09.000 --> 22:13.000]  If there's any way to avoid it, you do not want to get to the merits.
[22:13.000 --> 22:16.000]  You want to stop them before they get there.
[22:16.000 --> 22:20.000]  And that's why we have so many people going after this right to travel issue.
[22:20.000 --> 22:23.000]  It is a real primary issue.
[22:23.000 --> 22:28.000]  And the courts hate to see it coming because it could undermine their ability
[22:28.000 --> 22:30.000]  to write tickets all together.
[22:30.000 --> 22:33.000]  So they fight it pretty hard.
[22:33.000 --> 22:39.000]  So if you want to take them on, you have to really do your homework.
[22:39.000 --> 22:44.000]  Mike is giving some direction, but Eddie's really, he's the traffic guy.
[22:44.000 --> 22:45.000]  He's a lot better.
[22:45.000 --> 22:50.000]  He may be more knowledgeable about Georgia law than I am.
[22:50.000 --> 22:54.000]  I have no knowledge of how Georgia law is put together.
[22:54.000 --> 22:59.000]  I talked to a few people and they say that the Georgia transportation code
[22:59.000 --> 23:04.000]  states that it applies to commercial traffic the same as ours does.
[23:04.000 --> 23:08.000]  Are you familiar with any of that, Robert?
[23:08.000 --> 23:16.000]  They've obfuscated that somewhat because they try to differentiate
[23:16.000 --> 23:20.000]  between commercial driver's license and a regular license,
[23:20.000 --> 23:23.000]  although I believe they're all commercial.
[23:23.000 --> 23:32.000]  Even on the citation, it states CDL and it has a checkmark and no.
[23:32.000 --> 23:37.000]  CDL is a special kind of commercial license.
[23:37.000 --> 23:42.000]  What we have is a chauffeur's license.
[23:42.000 --> 23:43.000]  Right.
[23:43.000 --> 23:50.000]  And I know in the definitions, it also states that may or may not be
[23:50.000 --> 23:53.000]  transported in a definition.
[23:53.000 --> 23:58.000]  I think that's for the vehicle, the motor vehicle.
[23:58.000 --> 24:00.000]  And it states any vehicle.
[24:00.000 --> 24:04.000]  So it has that little rabbit trail you have to follow.
[24:04.000 --> 24:12.000]  However they state it, the argument that travel is a right
[24:12.000 --> 24:19.000]  as opposed to a privilege is really hard for these guys to get around.
[24:19.000 --> 24:26.000]  I mean, if I was running down the sidewalk and I ran past a red light,
[24:26.000 --> 24:32.000]  are they going to cite me under the transportation code?
[24:32.000 --> 24:36.000]  Even if I'm running down the middle of the street,
[24:36.000 --> 24:39.000]  there's no cars out there and I'm jogging down the street
[24:39.000 --> 24:41.000]  and the light turns red and I run right through it,
[24:41.000 --> 24:46.000]  are they going to cite me for running red light?
[24:46.000 --> 24:49.000]  And if not, why not?
[24:49.000 --> 24:53.000]  What's the difference?
[24:53.000 --> 24:55.000]  The difference is I'm not driving a motor vehicle.
[24:55.000 --> 24:57.000]  Okay.
[24:57.000 --> 24:59.000]  What difference does that make?
[24:59.000 --> 25:06.000]  Say I've got a scooter and I'm one of these little scooters
[25:06.000 --> 25:08.000]  the kids run around on, these little two-wheel scooters
[25:08.000 --> 25:10.000]  that they push you going foot.
[25:10.000 --> 25:14.000]  Would that get me cited?
[25:14.000 --> 25:16.000]  Or a skateboard.
[25:16.000 --> 25:18.000]  A skateboard.
[25:18.000 --> 25:23.000]  Why would a motorized conveyance get me cited
[25:23.000 --> 25:26.000]  and not a non-motorized conveyance?
[25:26.000 --> 25:29.000]  What is the difference?
[25:29.000 --> 25:35.000]  If I have a right to travel without a motor,
[25:35.000 --> 25:40.000]  what keeps me from having a right to travel with a motor?
[25:40.000 --> 25:45.000]  And really the place to go is the subject matter jurisdiction.
[25:45.000 --> 25:50.000]  If you go to the merits, the merits go to the discretion of the judge
[25:50.000 --> 25:56.000]  and the judge's discretion is always going to be against you.
[25:56.000 --> 26:01.000]  So my problem is I can't speak to Georgia law.
[26:01.000 --> 26:05.000]  I can speak pretty good to Texas law.
[26:05.000 --> 26:12.000]  And in Texas law, in order to enforce the transportation code,
[26:12.000 --> 26:15.000]  there are specific requirements.
[26:15.000 --> 26:23.000]  And even the Department of Public Safety has this messed around,
[26:23.000 --> 26:28.000]  at least as far as I can tell from the way that I read the code.
[26:28.000 --> 26:33.000]  The code says that in order to enforce the transportation code,
[26:33.000 --> 26:37.000]  an officer must be certified by the DPS.
[26:37.000 --> 26:40.000]  And there's a certified training program they have to go through
[26:40.000 --> 26:46.000]  and there are certain continuing education classes they have to go through.
[26:46.000 --> 26:50.000]  Well, the Department of Public Safety treats that
[26:50.000 --> 26:55.000]  as if it's only for what they call DOT officers.
[26:55.000 --> 27:04.000]  And these are officers who are out there specifically to deal with trucks.
[27:04.000 --> 27:08.000]  They go out and inspect tractor trailer rigs and such.
[27:08.000 --> 27:10.000]  Pull into one of these way stations.
[27:10.000 --> 27:11.000]  That's who these guys are.
[27:11.000 --> 27:13.000]  They've got the certification.
[27:13.000 --> 27:14.000]  Well, the way I read the code,
[27:14.000 --> 27:18.000]  it says that in order to enforce the transportation code,
[27:18.000 --> 27:20.000]  you have to have this training.
[27:20.000 --> 27:27.000]  And that the sheriff of the county can appoint five people for this purpose.
[27:27.000 --> 27:34.000]  And then it lists if they can appoint five deputies.
[27:34.000 --> 27:41.000]  If the county is in a certain situation,
[27:41.000 --> 27:44.000]  and they list a whole lot of situations,
[27:44.000 --> 27:52.000]  and it appears as though these lists of who can enforce are tailored to specific counties.
[27:52.000 --> 27:55.000]  If you're in a county that borders one of the Mexican states,
[27:55.000 --> 27:57.000]  you can enforce the transportation code.
[27:57.000 --> 28:05.000]  If you're in a county with over 200,000 people, and you border a county with 300,000 people,
[28:05.000 --> 28:12.000]  and you're adjacent to an international port.
[28:12.000 --> 28:18.000]  You know, I read that and it looks like they're appointing this at a very specific county.
[28:18.000 --> 28:19.000]  And there was a whole list of them.
[28:19.000 --> 28:33.000]  If you're in a municipality of under 8,500 people, and the municipality is the county seat of the county,
[28:33.000 --> 28:42.000]  and there are no national defense highways going through the county, you can't enforce.
[28:42.000 --> 28:43.000]  I'm sorry, I said that wrong.
[28:43.000 --> 28:52.000]  If you're under 8,500 and you're the county seat, if there has to be an interstate highway going through your county,
[28:52.000 --> 28:54.000]  you can't enforce.
[28:54.000 --> 28:57.000]  You can't have someone certified to enforce.
[28:57.000 --> 29:06.000]  So it's really particular assignments, and that's what the information request I mentioned earlier went through.
[29:06.000 --> 29:11.000]  So I can speak to that in Texas law, but I can't really speak to it in Georgia law.
[29:11.000 --> 29:14.000]  I don't know how to answer.
[29:14.000 --> 29:17.000]  Eddie would be the guy.
[29:17.000 --> 29:19.000]  Okay.
[29:19.000 --> 29:32.000]  Now, subject matter jurisdiction that would pertain to the court's ability to hear the case, right?
[29:32.000 --> 29:33.000]  Exactly.
[29:33.000 --> 29:39.000]  We're saying that the Transportation Code doesn't apply to me.
[29:39.000 --> 29:46.000]  So you have to show how I become liable under the regulatory scheme.
[29:46.000 --> 29:47.000]  Hang on.
[29:47.000 --> 29:48.000]  Randy Kelton.
[29:48.000 --> 29:49.000]  We'll do our radio.
[29:49.000 --> 29:53.000]  I'll call it at number 512-646-1984.
[29:53.000 --> 30:00.000]  We'll be right back.
[30:00.000 --> 30:01.000]  Pedophiles.
[30:01.000 --> 30:06.000]  They live and hunt in our midst, prompting some to call for forced microchipping and tracking.
[30:06.000 --> 30:13.000]  I'm Dr. Catherine Albrecht, and in a moment I'll tell you why chipping even the most heinous offenders is a very bad idea.
[30:13.000 --> 30:20.000]  Your search engine is watching you, recording all your searches and creating a massive database of your personal information.
[30:20.000 --> 30:21.000]  That's creepy.
[30:21.000 --> 30:23.000]  But it doesn't have to be that way.
[30:23.000 --> 30:26.000]  Startpage.com is the world's most private search engine.
[30:26.000 --> 30:33.000]  Startpage doesn't store your IP address, make a record of your searches or use tracking cookies, and they're third-party certified.
[30:33.000 --> 30:37.000]  If you don't like Big Brother spying on you, start over with Startpage.
[30:37.000 --> 30:40.000]  Great search results and total privacy.
[30:40.000 --> 30:43.000]  Startpage.com, the world's most private search engine.
[30:43.000 --> 30:48.000]  In our surveillance-mad society, there's a wise Chinese proverb we should keep in mind.
[30:48.000 --> 30:52.000]  The fire you kindle for your enemy often burns you more than it burns him.
[30:52.000 --> 30:56.000]  Chipping pedophiles might sound like a good idea until we realize it won't stop there.
[30:56.000 --> 31:00.000]  First pedophiles, then drug dealers, then drunk drivers and tax cheats,
[31:00.000 --> 31:04.000]  and finally that guy who built a deck on the back of his house without the right permit.
[31:04.000 --> 31:10.000]  Next they'll tag nuclear workers, food workers, then teachers, and eventually they'll come for us all.
[31:10.000 --> 31:13.000]  No matter how good forced chipping looks, we must say no.
[31:13.000 --> 31:17.000]  Big Brother has surrounded us with dried kindling, and he's hankering for a match.
[31:17.000 --> 31:19.000]  Let's not hand it to him.
[31:19.000 --> 31:31.000]  I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com.
[31:49.000 --> 32:06.000]  Rural law radio is proud to offer the rule of law traffic seminar.
[32:06.000 --> 32:08.000]  In today's America, we live in an us-against-them society.
[32:08.000 --> 32:10.000]  If we, the people, are ever going to have a free society,
[32:10.000 --> 32:13.000]  then we're going to have to stand and defend our own rights.
[32:13.000 --> 32:16.000]  Among those rights are the right to travel freely from place to place,
[32:16.000 --> 32:18.000]  the right to act in our own private capacity,
[32:18.000 --> 32:20.000]  and most importantly, the right to due process of law.
[32:20.000 --> 32:24.000]  Traffic courts afford us the least expensive opportunity to learn how to enforce
[32:24.000 --> 32:26.000]  and preserve our rights through due process.
[32:26.000 --> 32:29.000]  Former Sheriff's Deputy Eddie Craig, in conjunction with Rural Law Radio,
[32:29.000 --> 32:33.000]  has put together the most comprehensive teaching tool available that will help you understand
[32:33.000 --> 32:36.000]  what due process is and how to hold courts to the rule of law.
[32:36.000 --> 32:40.000]  You can get your own copy of this invaluable material by going to RuralLawRadio.com
[32:40.000 --> 32:41.000]  and ordering your copy today.
[32:41.000 --> 32:44.000]  By ordering now, you'll receive a copy of Eddie's book, The Texas Transportation Code,
[32:44.000 --> 32:48.000]  The Law Versus the Lie, video and audio of the original 2009 seminar,
[32:48.000 --> 32:51.000]  hundreds of research documents, and other useful resource material.
[32:51.000 --> 32:55.000]  Learn how to fight for your rights with the help of this material from RuralLawRadio.com.
[32:55.000 --> 33:00.000]  Order your copy today, and together we can have the free society we all want and deserve.
[33:00.000 --> 33:15.000]  You're listening to the Logos Radio Network at LogosRadioNetwork.com.
[33:15.000 --> 33:20.000]  Yeah, I got that warrant, and I'm going to solve them,
[33:20.000 --> 33:25.000]  truly help government them, prosecute them.
[33:25.000 --> 33:30.000]  Okay, we are back, Randy Kelton, Rural Law Radio,
[33:30.000 --> 33:34.000]  to talk to Robert in Georgia.
[33:34.000 --> 33:38.000]  Robert, are we done with you?
[33:38.000 --> 33:42.000]  I don't feel like I'm very helpful for you today.
[33:42.000 --> 33:46.000]  Call up and talk with Eddie about this.
[33:46.000 --> 33:52.000]  I believe this may be a little bit beyond her ability to deal with that,
[33:52.000 --> 33:57.000]  something I'd actually like to deal with, but I can't speak for her in court or anything.
[33:57.000 --> 34:02.000]  And something like this, you would have to be quite familiar
[34:02.000 --> 34:07.000]  with all the information regarding your own case,
[34:07.000 --> 34:11.000]  or you wouldn't know how to actually handle it.
[34:11.000 --> 34:15.000]  Yeah, they really try to beat you up in the lower courts,
[34:15.000 --> 34:18.000]  because they kind of feel like they can get away with it.
[34:18.000 --> 34:24.000]  They tried that Thursday night, but he could get away with it with Jerry,
[34:24.000 --> 34:27.000]  but he couldn't get away with it with me.
[34:27.000 --> 34:31.000]  But then I spent 30 years researching these issues.
[34:31.000 --> 34:38.000]  Right, and I looked it up as $422 for the ticket,
[34:38.000 --> 34:43.000]  which to me is ridiculous to have to pay something like that.
[34:43.000 --> 34:48.000]  So, you know, it's worth a little work to, you know,
[34:48.000 --> 34:54.000]  once she learns to fight them, even if she doesn't beat this ticket,
[34:54.000 --> 34:57.000]  likely who it is, she's not going to get it anymore,
[34:57.000 --> 35:01.000]  because they're not going to want her back in the court.
[35:01.000 --> 35:04.000]  My wife was in an accident recently.
[35:04.000 --> 35:09.000]  She was at an intersection, and a big truck was turning right,
[35:09.000 --> 35:14.000]  and he swung out too far and was coming right at her, so she backed up.
[35:14.000 --> 35:18.000]  And she backed up, she had about six or eight feet, and stopped,
[35:18.000 --> 35:21.000]  and he's still coming at her, so she backed up again,
[35:21.000 --> 35:24.000]  and the guy behind her was trying to get reverse,
[35:24.000 --> 35:27.000]  but couldn't get it fast enough, and she backed into it.
[35:27.000 --> 35:30.000]  So the police come out, and they said it's clearly her fault.
[35:30.000 --> 35:36.000]  She backed into this guy, and she didn't do any damage to either car.
[35:36.000 --> 35:41.000]  But they didn't write her a ticket.
[35:41.000 --> 35:49.000]  The last thing they wanted was for her to come into their traffic court with me in tow.
[35:49.000 --> 35:51.000]  They don't write her tickets, they don't write me tickets.
[35:51.000 --> 35:53.000]  Last time I got a ticket in Decatur,
[35:53.000 --> 36:01.000]  I didn't show up for the pretrial hearing, so they dismissed it.
[36:01.000 --> 36:05.000]  But that's because I've been fighting these guys for 30 years.
[36:05.000 --> 36:14.000]  If he wants to learn how to fight, you know, how to handle legal issues,
[36:14.000 --> 36:16.000]  it's well worth the time.
[36:16.000 --> 36:18.000]  But you have to be motivated.
[36:18.000 --> 36:21.000]  You have to want to do that.
[36:21.000 --> 36:22.000]  Right.
[36:22.000 --> 36:23.000]  Okay.
[36:23.000 --> 36:28.000]  I will talk with her, and I'll call in and talk with Eddie anyway,
[36:28.000 --> 36:31.000]  because I'd like the information myself.
[36:31.000 --> 36:37.000]  And let's get on to the next caller and have a good evening.
[36:37.000 --> 36:38.000]  Okay.
[36:38.000 --> 36:39.000]  Thank you, Robert.
[36:39.000 --> 36:42.000]  Now we're going to go to Jay in Texas.
[36:42.000 --> 36:43.000]  Hello, Jay.
[36:43.000 --> 36:45.000]  How are you doing, Randy?
[36:45.000 --> 36:46.000]  I'm doing good.
[36:46.000 --> 36:48.000]  What do you have for us today?
[36:48.000 --> 36:57.000]  Well, I have a situation where there's an elderly person who lives in a nursing home,
[36:57.000 --> 37:02.000]  as a Medicaid client of the state.
[37:02.000 --> 37:15.000]  And this resident is under kind of like an imminent involuntary discharge
[37:15.000 --> 37:23.000]  and transfer after a single incident with another resident.
[37:23.000 --> 37:24.000]  Wait a minute.
[37:24.000 --> 37:27.000]  You're using some terms of art.
[37:27.000 --> 37:28.000]  Okay.
[37:28.000 --> 37:33.000]  What does that transfer something and transfer mean?
[37:33.000 --> 37:38.000]  Yeah, the nursing home is attempting to kick the person out.
[37:38.000 --> 37:39.000]  Oh, okay.
[37:39.000 --> 37:46.000]  After there was a physical altercation between this resident and another resident.
[37:46.000 --> 37:59.000]  And so they are basically, you know, claiming that this person is a danger to the rest of the residents
[37:59.000 --> 38:06.000]  in the facility based on a single incident and attempting to use that technicality
[38:06.000 --> 38:12.000]  as a way to kind of, you know, railroad this person out the door.
[38:12.000 --> 38:18.000]  Well, are they locating another facility for the person?
[38:18.000 --> 38:26.000]  Well, so the facility they're in currently is in the Austin area.
[38:26.000 --> 38:40.000]  And the facility that they've located that would accept this elderly person is in San Antonio.
[38:40.000 --> 38:48.000]  And so, but the family lives close to the current facility.
[38:48.000 --> 38:57.000]  And so, you know, I just took a quick gander over the Texas Administrative Code.
[38:57.000 --> 39:04.000]  And in Title 40, Chapter 19, Section 502,
[39:04.000 --> 39:10.000]  it's a section entitled Transfer and Discharge in Medicaid Certified Facilities.
[39:10.000 --> 39:16.000]  And according to this, you know, there's some due process that has to take place.
[39:16.000 --> 39:22.000]  There has to be written notice and the written notice has to contain specific items.
[39:22.000 --> 39:27.000]  And there's also a fair hearings process.
[39:27.000 --> 39:36.000]  And so... Does the person have a right to representation?
[39:36.000 --> 39:40.000]  I think they do.
[39:40.000 --> 39:45.000]  I don't think that's, I think every American citizen has a right to representation.
[39:45.000 --> 39:50.000]  Well, this is an administrative hearing and not a civil action.
[39:50.000 --> 39:55.000]  So I would think that she would have a right to representation almost certainly.
[39:55.000 --> 40:09.000]  If she's elderly, if she or he is elderly and considered technically incompetent,
[40:09.000 --> 40:11.000]  then they'd almost...
[40:11.000 --> 40:15.000]  So the person has cognitive impairment as well.
[40:15.000 --> 40:22.000]  I mean, the resident, I mean, this person was living in a memory care unit.
[40:22.000 --> 40:28.000]  Okay, so she would almost certainly have to have an attorney at ad litem.
[40:28.000 --> 40:29.000]  Ad litem?
[40:29.000 --> 40:31.000]  Yes.
[40:31.000 --> 40:37.000]  Now, I did contact the Texas Bar and they referred me to someone
[40:37.000 --> 40:42.000]  that was willing to do this pro bono.
[40:42.000 --> 40:52.000]  But I didn't, so this person is willing to at least look at the provisions
[40:52.000 --> 40:55.000]  that I've identified up till now.
[40:55.000 --> 41:00.000]  So now, what is ad litem?
[41:00.000 --> 41:04.000]  It's just a position that the court,
[41:04.000 --> 41:10.000]  where the court will appoint someone to represent another person who is incompetent,
[41:10.000 --> 41:16.000]  like a child or an elderly person who has dementia
[41:16.000 --> 41:21.000]  or for some reason is unable to take care of their own affairs,
[41:21.000 --> 41:23.000]  they'll appoint an attorney at litem.
[41:23.000 --> 41:26.000]  It's an position appointed by the court.
[41:26.000 --> 41:38.000]  Okay, so would you suggest that this person wait for a court-appointed representative
[41:38.000 --> 41:41.000]  or to try to do someone that's...
[41:41.000 --> 41:47.000]  I would suggest that she request some type of counsel
[41:47.000 --> 41:50.000]  and not being familiar specifically with this code,
[41:50.000 --> 41:55.000]  as old as I am I probably should start getting familiar with it
[41:55.000 --> 42:02.000]  because I may be in one of those next week.
[42:02.000 --> 42:06.000]  The only thing I can say, she needs counsel,
[42:06.000 --> 42:10.000]  which is obviously she's not going to be able to do this herself.
[42:10.000 --> 42:16.000]  And if someone else, I could probably pick this up
[42:16.000 --> 42:20.000]  and pick up the code and read it and help her.
[42:20.000 --> 42:22.000]  But I do this all the time.
[42:22.000 --> 42:25.000]  I've been researching this kind of thing for 30 years.
[42:25.000 --> 42:29.000]  So I could pick it up because I have the experience.
[42:29.000 --> 42:35.000]  But to take like a relative or someone close to her who has no experience in this area,
[42:35.000 --> 42:42.000]  to try to be of assistance to her, a good chance they'll be more harmed than good.
[42:42.000 --> 42:44.000]  Okay.
[42:44.000 --> 42:49.000]  So your suggestion is, so how would somebody...
[42:49.000 --> 42:58.000]  So there seems to be, the facility seems to be trying to make this process go as fast as possible,
[42:58.000 --> 43:01.000]  trying to railroad this person out the door.
[43:01.000 --> 43:10.000]  In the appeals process, there's a 90-day window that you have to appeal.
[43:10.000 --> 43:21.000]  But it does say that, because if the facility just says that they think the person is a danger to the facility,
[43:21.000 --> 43:27.000]  there's a caveat that lets them kind of operate this in like an emergency procedure.
[43:27.000 --> 43:32.000]  Dangerous to the facility is a term of art. It's going to have a definition.
[43:32.000 --> 43:33.000]  Okay.
[43:33.000 --> 43:40.000]  And that definition is going to have case law saying, this is what amounts to a danger to a facility.
[43:40.000 --> 43:44.000]  And this is what amounts to an annoyance to the facility.
[43:44.000 --> 43:46.000]  Okay.
[43:46.000 --> 43:50.000]  Okay. So hang on. About to go to break.
[43:50.000 --> 43:58.000]  Randy Kelton, Rue La Radio, our call-in number, 512-646-1984. We'll be right back.
[44:20.000 --> 44:49.000]  Thank you.
[44:50.000 --> 45:04.000]  Are you the plaintiff or defendant in a lawsuit?
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[46:24.000 --> 46:26.000]  Okay, we are back.
[46:26.000 --> 46:34.000]  Randy Kelton, Rule of Law Radio, and we're talking to Jay in Texas.
[46:34.000 --> 46:39.000]  And yeah, this is, probably if you were in Florida, there'd be a lot of,
[46:39.000 --> 46:42.000]  anybody in Florida would know how to address this issue
[46:42.000 --> 46:46.000]  because there's a lot of problems with these facilities there.
[46:46.000 --> 46:49.000]  But it's not something that comes up often.
[46:49.000 --> 46:53.000]  I would certainly look in the administrative code.
[46:53.000 --> 46:56.000]  I tell you what, send me an email.
[46:56.000 --> 46:59.000]  I got someone I'd like to send this to.
[46:59.000 --> 47:02.000]  Give me just a basic synopsis.
[47:02.000 --> 47:04.000]  Okay.
[47:04.000 --> 47:11.000]  And does a woman have the beginnings of Alzheimer's?
[47:11.000 --> 47:20.000]  This person was diagnosed, they suffered a traumatic brain injury last year
[47:20.000 --> 47:23.000]  after a rollover car accident.
[47:23.000 --> 47:26.000]  This person also has epilepsy.
[47:26.000 --> 47:28.000]  Oh, okay.
[47:28.000 --> 47:33.000]  The reason I ask about Alzheimer's is people with Alzheimer's,
[47:33.000 --> 47:38.000]  sometimes it alters their personality and they have fits of anger.
[47:38.000 --> 47:47.000]  So it's not, it's just a normal situation that a facility should be prepared to handle
[47:47.000 --> 47:49.000]  and not something to whine about.
[47:49.000 --> 47:50.000]  Right.
[47:50.000 --> 47:57.000]  So this person had a traumatic brain injury and was subsequently,
[47:57.000 --> 48:02.000]  after going through the emergency rooms and the rehab centers
[48:02.000 --> 48:08.000]  and different hospitals to recoup from the automobile accident,
[48:08.000 --> 48:15.000]  this patient was diagnosed with dementia and major depressive disorder
[48:15.000 --> 48:24.000]  and has had bouts of delusion and maybe once every six months
[48:24.000 --> 48:28.000]  has had maybe an occurrence of being agitated.
[48:28.000 --> 48:29.000]  Okay.
[48:29.000 --> 48:32.000]  This is something they should anticipate.
[48:32.000 --> 48:33.000]  Yes.
[48:33.000 --> 48:42.000]  So what happened, what brought about the most recent incident is that this person is a male
[48:42.000 --> 48:48.000]  and it was placed in a memory care unit with,
[48:48.000 --> 48:53.000]  I think there's maybe 10 other rooms or 20 other rooms.
[48:53.000 --> 49:03.000]  And so the patients, some of the other residents tend to wander around
[49:03.000 --> 49:06.000]  and will go into other people's rooms.
[49:06.000 --> 49:13.000]  And they, in this case it was a female going into this male person's room regularly
[49:13.000 --> 49:20.000]  just taking items, a sign or a trinket of some sort and just pocketing it and walking out
[49:20.000 --> 49:25.000]  and then the staff having to go look for it to retrieve it for the male patient.
[49:25.000 --> 49:31.000]  And this female also had wandered in, you know, half dressed or fully undressed,
[49:31.000 --> 49:33.000]  just walking into this room.
[49:33.000 --> 49:41.000]  And so the final, the last time it happened was a week ago
[49:41.000 --> 49:46.000]  and this female walked into, as the male resident was about to head out of the room
[49:46.000 --> 49:53.000]  to go eat breakfast with the other residents in that memory care unit out in the common area,
[49:53.000 --> 50:00.000]  the female wandered in again and the male resident attempted to lead her out of the room
[50:00.000 --> 50:04.000]  which he resisted and they wound up in a physical altercation
[50:04.000 --> 50:11.000]  which a staff member walked in on and so, you know, got some help.
[50:11.000 --> 50:17.000]  And apparently he was, someone brought up that there was a red button next to the bed
[50:17.000 --> 50:20.000]  that could be pushed and a light would come on at the nurse's station
[50:20.000 --> 50:23.000]  and somebody could come render aid.
[50:23.000 --> 50:26.000]  Well, he had never been informed about that button.
[50:26.000 --> 50:31.000]  Okay, so he has a good issue.
[50:31.000 --> 50:38.000]  If he has dementia, he has a right to an ad litem representation.
[50:38.000 --> 50:43.000]  Send me an email on this issue and I'll send it to Ken.
[50:43.000 --> 50:44.000]  Okay.
[50:44.000 --> 50:48.000]  Ken will know how to address this and you'll give me some suggestions
[50:48.000 --> 50:52.000]  on how to get an ad litem attorney for her.
[50:52.000 --> 50:53.000]  Okay.
[50:53.000 --> 50:59.000]  You might call this attorney who agreed to consider the case pro bono
[50:59.000 --> 51:03.000]  and ask this attorney about ad litem representation.
[51:03.000 --> 51:07.000]  Okay, so you want me to both send you an email so you can share it with Ken
[51:07.000 --> 51:10.000]  and also let the pro bono lawyer.
[51:10.000 --> 51:11.000]  Yes.
[51:11.000 --> 51:12.000]  Ad litem.
[51:12.000 --> 51:16.000]  Yes, and I'm sure the pro bono could answer immediately
[51:16.000 --> 51:19.000]  but send it to me, I'd like to get this to Ken anyway.
[51:19.000 --> 51:24.000]  Okay, so I'll just kind of give you the general basics of the case.
[51:24.000 --> 51:25.000]  Yeah.
[51:25.000 --> 51:29.000]  So we'd like to get, like you said, representation clearly
[51:29.000 --> 51:33.000]  because he needs assistance going through this process of appeal.
[51:33.000 --> 51:39.000]  Yeah, once this facility winds up having to deal with someone
[51:39.000 --> 51:45.000]  who doesn't have dementia, I suspect their attitudes will change very quickly.
[51:45.000 --> 51:48.000]  Right, okay.
[51:48.000 --> 51:53.000]  So they, and they're, you know, the administrative process,
[51:53.000 --> 51:59.000]  you know, it has provisions for a hearing and to, you know,
[51:59.000 --> 52:03.000]  because it doesn't seem like this patient is being given an opportunity to be reassessed.
[52:03.000 --> 52:08.000]  Yeah, if he has provisions for a hearing and a person is considered to be,
[52:08.000 --> 52:12.000]  to have dementia, they have to have a right to representation.
[52:12.000 --> 52:15.000]  So now you brought up something earlier about case law
[52:15.000 --> 52:20.000]  associated with each of the definitions in the Administrative Code.
[52:20.000 --> 52:25.000]  So would I have to go to the definitions section at the front of Title 40
[52:25.000 --> 52:26.000]  or in that chapter?
[52:26.000 --> 52:29.000]  Well, look at the chapter first.
[52:29.000 --> 52:30.000]  Okay.
[52:30.000 --> 52:36.000]  Because if there is a definition in the chapter, that chapter, that definition is controlling.
[52:36.000 --> 52:39.000]  Okay, the chapter definition is controlling, okay.
[52:39.000 --> 52:45.000]  If not, you back out to a higher level.
[52:45.000 --> 52:52.000]  So wherever that, the most, the most inner definition for that term would be the controlling one.
[52:52.000 --> 52:53.000]  Yes.
[52:53.000 --> 52:54.000]  Okay, for that.
[52:54.000 --> 52:55.000]  Exactly.
[52:55.000 --> 53:02.000]  And anytime you read a term and you can't define it, it's a term, it's a term of art.
[53:02.000 --> 53:05.000]  When you're reading anything having to do with law.
[53:05.000 --> 53:06.000]  Okay.
[53:06.000 --> 53:11.000]  They are very particular about how they choose their words.
[53:11.000 --> 53:15.000]  Okay, so here's a section that says, it states,
[53:15.000 --> 53:21.000]  the safety of individuals in the facility is endangered.
[53:21.000 --> 53:25.000]  Okay, what constitutes endangered?
[53:25.000 --> 53:27.000]  Exactly.
[53:27.000 --> 53:34.000]  So that, that obviously is vague and it's left to interpretation unless it's defined.
[53:34.000 --> 53:35.000]  Right.
[53:35.000 --> 53:36.000]  Okay.
[53:36.000 --> 53:41.000]  So somewhere there'll be either in the code or in case law.
[53:41.000 --> 53:42.000]  Right.
[53:42.000 --> 53:46.000]  And what you do, you just go on the internet and put in that statute.
[53:46.000 --> 53:48.000]  Okay.
[53:48.000 --> 53:50.000]  And see what you get.
[53:50.000 --> 53:53.000]  What you're most likely to get is a.
[53:53.000 --> 53:55.000]  Put in the section number?
[53:55.000 --> 53:56.000]  Tweet us.
[53:56.000 --> 53:57.000]  Dash 502.
[53:57.000 --> 53:59.000]  Yeah, yeah, just drop it in there.
[53:59.000 --> 54:03.000]  And what lawyers do, half of the cases lawyers get,
[54:03.000 --> 54:08.000]  they get by reference from other lawyers, referrals.
[54:08.000 --> 54:09.000]  Right.
[54:09.000 --> 54:17.000]  So if a lawyer is good at something, he will write articles on issues in that particular area.
[54:17.000 --> 54:19.000]  Okay.
[54:19.000 --> 54:23.000]  And then he posts them on the internet so other lawyers can find them.
[54:23.000 --> 54:30.000]  So what would be the best syntax for the search field for pulling up something like that in that way?
[54:30.000 --> 54:33.000]  Oh, just put in the statute.
[54:33.000 --> 54:37.000]  So would I, like how, in terms of, I'm an engineer.
[54:37.000 --> 54:41.000]  So in terms of the syntax, the syntax is everything.
[54:41.000 --> 54:47.000]  The Texas administrative code section, whatever.
[54:47.000 --> 54:48.000]  Okay.
[54:48.000 --> 54:52.000]  So just write, don't put TAC but write it out, Texas administrative code.
[54:52.000 --> 54:53.000]  Right.
[54:53.000 --> 54:56.000]  Section and then.
[54:56.000 --> 54:57.000]  Okay.
[54:57.000 --> 55:02.000]  A couple of rules, as an engineer you will come to appreciate these.
[55:02.000 --> 55:03.000]  Right.
[55:03.000 --> 55:06.000]  Never use acronyms.
[55:06.000 --> 55:07.000]  Right.
[55:07.000 --> 55:09.000]  They make people crazy.
[55:09.000 --> 55:12.000]  They create all kinds of horrible mistakes.
[55:12.000 --> 55:18.000]  For you have a, one person thinks it means one thing, another thinks it means another thing.
[55:18.000 --> 55:20.000]  It makes a mess.
[55:20.000 --> 55:24.000]  I never use an acronym if there's any way I can avoid it.
[55:24.000 --> 55:25.000]  Exactly.
[55:25.000 --> 55:35.000]  So if I put in Texas administrative code section or I would say section 19.502, that should be sufficient?
[55:35.000 --> 55:40.000]  Yeah, you'll probably get section 19.5.
[55:40.000 --> 55:41.000]  Okay.
[55:40.000 --> 55:43.000]  Or you might get section 19.
[55:43.000 --> 55:49.000]  But what you do is you go down and look at, you'll get the section that's on the government side.
[55:49.000 --> 55:57.000]  But go on down, see if you get some, a lawyer's, a reference to it going to a lawyer's site.
[55:57.000 --> 55:58.000]  You click on that.
[55:58.000 --> 56:06.000]  And he's going to be a lawyer that addresses these kinds of issues and say, okay, I had this come up and here's what I did and here's what the law is about it.
[56:06.000 --> 56:09.000]  This is for other lawyers to read.
[56:09.000 --> 56:15.000]  And I like, I do better doing this than I do with Lexus or Westlaw.
[56:15.000 --> 56:21.000]  Would it be helpful to look for a lawyer that's like a professor at a law school writing on the topic?
[56:21.000 --> 56:23.000]  No, it doesn't make any difference really.
[56:23.000 --> 56:24.000]  Okay.
[56:24.000 --> 56:28.000]  Let me pop up a, just for the heck of it.
[56:28.000 --> 56:30.000]  Start page.
[56:30.000 --> 56:32.000]  Okay.
[56:32.000 --> 56:36.000]  Texas administrative code.
[56:36.000 --> 56:37.000]  Oops.
[56:37.000 --> 56:42.000]  This computer, it doesn't spell very well.
[56:42.000 --> 56:45.000]  Can you engineer something to fix that?
[56:45.000 --> 56:46.000]  What was it?
[56:46.000 --> 56:49.000]  19.502?
[56:49.000 --> 56:52.000]  19.502 is the specific subsection.
[56:52.000 --> 56:53.000]  That's true.
[56:53.000 --> 56:54.000]  Okay.
[56:54.000 --> 56:59.000]  I got new Texas administrative code.
[56:59.000 --> 57:00.000]  Okay.
[57:00.000 --> 57:03.000]  I have chapter 19 Texas administrative code.
[57:03.000 --> 57:12.000]  Then under that I have Texas administrative code health policy and management.
[57:12.000 --> 57:16.000]  This goes to www.hpm.umn.edu.
[57:16.000 --> 57:23.000]  This is going to be a treatise by a, most likely a law firm.
[57:23.000 --> 57:24.000]  Okay.
[57:24.000 --> 57:32.000]  Then I've got IL 2012-19 Texas Department of Aging and Disability.
[57:32.000 --> 57:34.000]  This is going to talk about it.
[57:34.000 --> 57:35.000]  Okay.
[57:35.000 --> 57:41.000]  And nursing home discharge requirement, ombuddies.org?
[57:41.000 --> 57:48.000]  Ombuds, yeah, I've already contacted the ombudsman for the Department of Aging and they went out and visited this resident.
[57:48.000 --> 57:51.000]  No, this looks like somebody's put up a site.
[57:51.000 --> 57:53.000]  It's ombuddies.
[57:53.000 --> 57:54.000]  Oh.
[57:54.000 --> 57:56.000]  Ombuddies.org.
[57:56.000 --> 57:59.000]  Here's where you're going to find some good information on that stuff.
[57:59.000 --> 58:00.000]  Okay.
[58:00.000 --> 58:15.000]  For those of you who don't know what an ombudsman is, most governmental agencies and most companies that are highly regulated by the government are required to have an ombudsman.
[58:15.000 --> 58:26.000]  An ombudsman is actually employed by the agency, but they are a citizen or customer advocate.
[58:26.000 --> 58:34.000]  They're somebody who's familiar with the agency, familiar with the issues, but they're there to be your representative.
[58:34.000 --> 58:37.000]  So this is...
[58:37.000 --> 58:38.000]  Okay, hang on.
[58:38.000 --> 58:39.000]  About to go to break.
[58:39.000 --> 58:42.000]  Randy Kelton, Louisville Radio.
[58:42.000 --> 58:43.000]  Out of time.
[58:43.000 --> 58:50.000]  We'll be right back.
[58:50.000 --> 58:54.000]  Would you like to make more definite progress in your walk with God?
[58:54.000 --> 59:01.000]  Bibles for America is offering a free study Bible and a set of free Christian books that can really help.
[59:01.000 --> 59:06.000]  The New Testament Recovery Version is one of the most comprehensive study Bibles available today.
[59:06.000 --> 59:13.000]  It's an accurate translation and it contains thousands of footnotes that will help you to know God and to know the meaning of life.
[59:13.000 --> 59:18.000]  The free books are a three-volume set called Basic Elements of the Christian Life.
[59:18.000 --> 59:27.000]  Chapter by chapter, Basic Elements of the Christian Life clearly presents God's plan of salvation, growing in Christ, and how to build up the church.
[59:27.000 --> 59:40.000]  To order your free New Testament Recovery Version and Basic Elements of the Christian Life, call Bibles for America toll free at 888-551-0102.
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[01:00:00.000 --> 01:00:08.000]  The following news flash is brought to you by the Lone Star Lowdown, providing the daily bulletins for the commodity market.
[01:00:08.000 --> 01:00:21.000]  Today in history, news updates and the inside scoop into the tides of the alternatives.
[01:00:21.000 --> 01:00:31.000]  Markets for Friday, the 5th of August, 2016, are currently trading with gold at $1,336.29 an ounce, silver at $19.71 an ounce,
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[01:00:44.000 --> 01:00:55.000]  Today in history, the year, last year, 2015, the Environmental Protection Agency at Gold King Mine accidentally releases a spill of 3 million gallons of heavy metal toxins and wastewater
[01:00:55.000 --> 01:01:02.000]  into the Animas River in Colorado, poisoning the water supply of the Navajo Nation, who later filed a suit against the EPA.
[01:01:02.000 --> 01:01:07.000]  Today in history.
[01:01:07.000 --> 01:01:16.000]  In recent news, Fairfax, Virginia County Police arrested their mayor, Richard Scott Silverthorn, on charges of distributing methamphetamines as part of a meth-for-sex scheme.
[01:01:16.000 --> 01:01:21.000]  He was arrested Thursday after he allegedly provided meth to an undercover officer who met him at a hotel.
[01:01:21.000 --> 01:01:29.000]  Silverthorn, who is currently serving his third term as mayor, was charged with a felony of distribution of meth and misdemeanor possession of drug paraphernalia.
[01:01:29.000 --> 01:01:37.000]  Commander of the Organized Crime and Narcotics Division, Captain Jack Harden, told reporters that an investigation into the mayor's activities began three weeks ago
[01:01:37.000 --> 01:01:43.000]  after a citizen had told police that the mayor was distributing meth through a website used for casual hookups between men.
[01:01:43.000 --> 01:01:58.000]  Fairfax is a city of about 23,000, roughly 20 miles west of Washington, D.C., and was ranked number three by Forbes in an article on the top 25 places to live well.
[01:01:58.000 --> 01:02:05.000]  Located in Greenland, Camp Century, an abandoned and buried U.S. Army base used at a research station test site for deploying nuclear missiles,
[01:02:05.000 --> 01:02:15.000]  is raising concerns from scientists who fear that the melting of the ice sheet under which the base was buried nearly five decades ago will expose vast amounts of chemical pollutants
[01:02:15.000 --> 01:02:20.000]  left behind by the Army which could spread and have really negative consequences.
[01:02:20.000 --> 01:02:30.000]  Everything from radioactive cooling water to diesel fuel for generators and vehicles and sumps dug into the snow storing human waste were left behind when the base was shut down
[01:02:30.000 --> 01:02:39.000]  due to the impracticality of Project Iceworm, an effort to dig tunnels under the ice cap which could deliver nuclear bombs to Russia in case the Cold War went hot.
[01:02:39.000 --> 01:02:44.000]  Climate computer models say that the camp could be uncovered by the end of the century.
[01:02:44.000 --> 01:03:00.000]  The Low Star Lowdown is currently picked for sponsors. If you have a product or a service you'd like to advertise with us, feel free to give me a call at 210-363-2257. This is Rick Roady with your Lowdown for August 5th, 2016.
[01:03:14.000 --> 01:03:34.000]  Okay, we are back. Randy Kelton, Wheel of War Radio, and we're talking to Jay in Texas.
[01:03:34.000 --> 01:03:53.000]  This will probably get you to everything you need and this is the quickest way of doing it. I do research this way all the time and I get great stuff.
[01:03:53.000 --> 01:04:13.000]  Years ago when I started doing legal research, I always did it with Lexus or Westlaw and it just drove me crazy. I would do a search and I would get a thousand cases and none of them on point.
[01:04:13.000 --> 01:04:24.000]  And I'd search and search and search and always the big complaint, hardest thing, first case on point. And finally I learned how to use the Internet.
[01:04:24.000 --> 01:04:35.000]  I just went to the Internet and made my statement as close to the point as I could get and heck, I got all these treatises and briefs and all kinds of stuff.
[01:04:35.000 --> 01:04:51.000]  Lawyers had stuck out there to showcase their specialties. I get great stuff and I put the issue out there and the lawyer says, okay, this is the key case on that issue.
[01:04:51.000 --> 01:05:02.000]  They have to save me several days of reading one case after another after another and getting annoyed because none of them are on point.
[01:05:02.000 --> 01:05:12.000]  This guy gives me the first case on point. Once I got that first case on point, now it's easy because this case appoints the other cases.
[01:05:12.000 --> 01:05:24.000]  If someone is appointed an ad litem lawyer, how does somebody know that? Is the court going to ensure that the lawyer specializes in this realm of law?
[01:05:24.000 --> 01:05:30.000]  Yes, that's the only lawyers. They have ad litem attorneys for special purposes.
[01:05:30.000 --> 01:05:32.000]  Okay.
[01:05:32.000 --> 01:05:41.000]  So this is definitely an area where they're going to have, there's going to be a lot of attorneys who, they like this kind of thing.
[01:05:41.000 --> 01:05:50.000]  They like ad litem because if you're an attorney and you get appointed as an ad litem representative, you get paid by the court.
[01:05:50.000 --> 01:05:52.000]  Okay.
[01:05:52.000 --> 01:05:55.000]  So you don't have to struggle to get your money from the client.
[01:05:55.000 --> 01:05:57.000]  Okay, gotcha.
[01:05:57.000 --> 01:06:06.000]  You're a little more restricted on what you can bill because you can't just bill them anything, but it's good stable money for them.
[01:06:06.000 --> 01:06:11.000]  Okay, and ad litem comes into play because the patient has dementia.
[01:06:11.000 --> 01:06:26.000]  Yeah, it's incompetent. Anyone who's considered unable to make their own decisions, they can't necessarily go out and hire a lawyer to represent their best interest because they don't know how.
[01:06:26.000 --> 01:06:31.000]  So the court hires a lawyer and then the court oversees that lawyer.
[01:06:31.000 --> 01:06:43.000]  Right. This particular patient has appointed somebody as a medical power of attorney during a hospitalization that happened like five years ago.
[01:06:43.000 --> 01:07:00.000]  And I've read that particular power of attorney and it's kind of, there's a gray area because it really is only in force if the person has gone through the process of being declared incompetent.
[01:07:00.000 --> 01:07:07.000]  Right. Well, what they would need was, if it's a lay person, they would need a guardian.
[01:07:07.000 --> 01:07:16.000]  So now what if this patient hasn't gone through the formal process of having an incompetency hearing?
[01:07:16.000 --> 01:07:24.000]  Well, the court can do that. Yeah, a psychiatrist doesn't declare you incompetent.
[01:07:24.000 --> 01:07:26.000]  That's a judicial decision.
[01:07:26.000 --> 01:07:50.000]  So if the person, if there's reason to believe the person is unable to take care of their own affairs and the fact that he's already been diagnosed with a brain injury and dementia, a dementia determination will get you an incompetence every time.
[01:07:50.000 --> 01:07:56.000]  Okay. So in other words, are we going to have to go through an incompetency hearing first?
[01:07:56.000 --> 01:08:10.000]  Not if he, if the judge can do that to respond to it. If the judge, if the person has a diagnosis of dementia, the judge gets signed off on it.
[01:08:10.000 --> 01:08:12.000]  Okay. Right.
[01:08:12.000 --> 01:08:20.000]  And even if they did, what they do is have a psychologist interview the person and examine the records.
[01:08:20.000 --> 01:08:27.000]  And most likely a psychologist could examine the records and just from the records say, absolutely, the person's incompetent.
[01:08:27.000 --> 01:08:32.000]  This won't be something that will be hard for this person.
[01:08:32.000 --> 01:08:47.000]  Okay. And then, okay, so, all right, I'm trying to think if there's any other questions off the top of my head. So is there anything that if I send you an email, anything specific in the subject line I should put?
[01:08:47.000 --> 01:08:54.000]  No, no, just basically what it's about. There was another thing I wanted to mention about guardian.
[01:08:54.000 --> 01:08:55.000]  Okay.
[01:08:55.000 --> 01:09:02.000]  Oftentimes the ad litem attorney will be appointed the guardian for the person.
[01:09:02.000 --> 01:09:03.000]  Okay.
[01:09:03.000 --> 01:09:05.000]  That's kind of iffy.
[01:09:05.000 --> 01:09:06.000]  Okay.
[01:09:06.000 --> 01:09:12.000]  Because if the person has any assets, the lawyer will swallow them.
[01:09:12.000 --> 01:09:18.000]  Well, this person is a Medicaid client, so they have less than $2,000 worth of assets.
[01:09:18.000 --> 01:09:23.000]  Okay. So you don't have to worry about the lawyer trying to take all their assets.
[01:09:23.000 --> 01:09:24.000]  Yeah, there are none.
[01:09:24.000 --> 01:09:28.000]  Okay, good. So that you don't have to worry about.
[01:09:28.000 --> 01:09:34.000]  So, yeah, you've got a lot of ad litem attorneys that, you know, this is easy money for them.
[01:09:34.000 --> 01:09:42.000]  It's sheer money. It's a way they can keep their office bills paid while they're waiting for the big play in clients.
[01:09:42.000 --> 01:09:45.000]  So there's no shortage of ad litem attorneys.
[01:09:45.000 --> 01:09:54.000]  Okay. And so I'm looking at looking through the definition section, searching, search engines,
[01:09:54.000 --> 01:10:04.000]  engineering some specific section to see if I can find any treaties or briefs, forwarding you kind of the overhead view of this
[01:10:04.000 --> 01:10:14.000]  to see if Ken might be able to help us in the ad litem department and also paying the pro bono attorney with the ad litem topic.
[01:10:14.000 --> 01:10:20.000]  Does that pretty much cover everything that kind of like my next steps?
[01:10:20.000 --> 01:10:22.000]  I think so, yes.
[01:10:22.000 --> 01:10:29.000]  And the ad litem attorney, in addition to giving him kind of like the initial overview,
[01:10:29.000 --> 01:10:38.000]  he suggested that I draft a letter to the facility that could be, that he would be willing to review
[01:10:38.000 --> 01:10:47.000]  that could kind of start the process of saying, hey, let's back off on an imminent transfer and discharge
[01:10:47.000 --> 01:10:53.000]  and let's kind of go to the table and see what we can negotiate.
[01:10:53.000 --> 01:10:55.000]  Does that make sense?
[01:10:55.000 --> 01:10:57.000]  Yeah, that's probably a real good idea.
[01:10:57.000 --> 01:11:00.000]  Okay. So let's try and...
[01:11:00.000 --> 01:11:05.000]  Just let them know there's a third party in the mix.
[01:11:05.000 --> 01:11:07.000]  Okay. The ad litem?
[01:11:07.000 --> 01:11:11.000]  No, just a third party. You're the third party.
[01:11:11.000 --> 01:11:16.000]  Somebody else is looking at this person besides just the facility.
[01:11:16.000 --> 01:11:24.000]  Okay. And then the other thing was, so the ombudsman from the Department of Aging has already visited this patient
[01:11:24.000 --> 01:11:34.000]  and we also sent out an email to the Medicaid eligibility social worker that's been working the case for this patient.
[01:11:34.000 --> 01:11:40.000]  They were there, apparently they're the person in which you request a fair hearing.
[01:11:40.000 --> 01:11:48.000]  And so we made a request for a fair hearing so that, you know, prior to this patient being discharged
[01:11:48.000 --> 01:11:55.000]  and the hopes that, you know, that process would be started to that, you know...
[01:11:55.000 --> 01:12:02.000]  Good. It's nice that someone has a guardian angel outside looking out for him.
[01:12:02.000 --> 01:12:07.000]  Yes, we do. We all feel like we're under a guardian angel right now.
[01:12:07.000 --> 01:12:16.000]  And we appreciate the work that you guys do here in town to help people out like this as well.
[01:12:16.000 --> 01:12:19.000]  Okay. So do you have anything else for us?
[01:12:19.000 --> 01:12:24.000]  I think that's it. I'll go ahead and forward that information and get started on these points.
[01:12:24.000 --> 01:12:26.000]  And I appreciate your help, Randy.
[01:12:26.000 --> 01:12:32.000]  All righty. Thank you, Jay. Now we're going to go to Oliver in Tennessee. Hello, Oliver.
[01:12:32.000 --> 01:12:34.000]  How are you doing, Rob?
[01:12:34.000 --> 01:12:37.000]  How is your lawsuit coming?
[01:12:37.000 --> 01:12:44.000]  It's, well, the first one that I split it up into, I submitted it.
[01:12:44.000 --> 01:12:48.000]  I didn't finish it all the way, but I went in here and submitted it. I got it good enough.
[01:12:48.000 --> 01:12:58.000]  I submitted it because I know that I could come back and, I've forgotten the word, but reformat it.
[01:12:58.000 --> 01:13:00.000]  File it and amend it.
[01:13:00.000 --> 01:13:04.000]  Yeah, amend it. Yeah, amend it before I come up.
[01:13:04.000 --> 01:13:12.000]  But this is, man, hey, I don't know. Get rid of here what I'm going to tell you.
[01:13:12.000 --> 01:13:20.000]  Ever since I filed that lawsuit, things have been kind of funny around here.
[01:13:20.000 --> 01:13:28.000]  Yeah, funny how that happens. You become Mr. Oliver, sir.
[01:13:28.000 --> 01:13:38.000]  Well, yeah, kind of, yeah, in the city hall because I called because one of my videos from another lawsuit that I'm about to file got scratched up.
[01:13:38.000 --> 01:13:43.000]  So I called the police department telling them I needed another video coming up that they signed paperwork.
[01:13:43.000 --> 01:13:46.000]  They're like, well, they don't have the paperwork up there. It's at city hall.
[01:13:46.000 --> 01:13:48.000]  I'm like, what do you mean it's at city hall?
[01:13:48.000 --> 01:13:52.000]  They're like, well, last week we got an email and everything changed and this and that.
[01:13:52.000 --> 01:13:56.000]  I'm like, what? An email? This don't sound right.
[01:13:56.000 --> 01:13:59.000]  I'm like, well, I don't know anything. You got to call city hall.
[01:13:59.000 --> 01:14:01.000]  So I said, okay, fine. I'll call city hall. I called city hall.
[01:14:01.000 --> 01:14:07.000]  I started talking to the secretary of the man, and then she was like, I'm like, hey, what's going on?
[01:14:07.000 --> 01:14:12.000]  I'm trying to go get a video of this thing from my lawsuit, and now they're telling me it is a different process.
[01:14:12.000 --> 01:14:15.000]  And to my knowledge, that doesn't happen like that.
[01:14:15.000 --> 01:14:28.000]  There's a procedure. So if there's a different process, I would like to get the procedure or whatever you have on file to show what date it was enacted, how it's supposed to be enacted, and all that shit.
[01:14:28.000 --> 01:14:30.000]  Like, boy, she broke out real fast.
[01:14:30.000 --> 01:14:43.000]  Mr. Olivier, no, the thing was a lot of our departments, I'm not saying that the police department necessarily, but a lot of our departments were not doing things in the proper format.
[01:14:43.000 --> 01:14:52.000]  So we had to readjust a lot of things in order to get acclimated to the state or aligned with the state code.
[01:14:52.000 --> 01:14:56.000]  And that's why these are being done like that, Mr. Olivier.
[01:14:56.000 --> 01:15:00.000]  We have all the paperwork for you. I can have it downstairs for you immediately.
[01:15:00.000 --> 01:15:03.000]  And I'm like, whoa.
[01:15:03.000 --> 01:15:06.000]  You know a lot of explanations.
[01:15:06.000 --> 01:15:20.000]  You know, often something like this acts as a fair warning and causes the city to have to pay attention and get their act together.
[01:15:20.000 --> 01:15:32.000]  This hearing I went to Thursday, yesterday, I talked to the city manager because I had a problem with the way the municipal court was handling this motion.
[01:15:32.000 --> 01:15:46.000]  And after the hearing, I spoke to him outside and he said, Mr. Kelton, I appreciate you bringing this to our attention, that this information request was filed and the clerk made a mistake with it.
[01:15:46.000 --> 01:15:51.000]  And I will make sure we get protocols in place so this doesn't happen again.
[01:15:51.000 --> 01:15:54.000]  And I told him, well, that's the only reason I did it.
[01:15:54.000 --> 01:15:57.000]  I really wasn't going to pursue criminal charges against the mayor.
[01:15:57.000 --> 01:16:05.000]  Mayor's been out of the state for the last six months, so he wasn't even in the state when this occurred.
[01:16:05.000 --> 01:16:13.000]  So it worked to get them, sometimes they need somebody to let them know they're screwing things up.
[01:16:13.000 --> 01:16:19.000]  You would be surprised, Oliver, at how rare you are.
[01:16:19.000 --> 01:16:22.000]  But the thing, you said they need somebody.
[01:16:22.000 --> 01:16:34.000]  I sent them, I delivered a packet to the secretary of everything, of every issue that I was going to come after eventually, like two months before they knocked down my house.
[01:16:34.000 --> 01:16:36.000]  So like all this kind of played out perfectly.
[01:16:36.000 --> 01:16:41.000]  They don't pay any attention to anything until you sue them.
[01:16:41.000 --> 01:16:48.000]  Hang on, Randy Kelton, we'll use our radio and call in number 512-646-1984.
[01:16:48.000 --> 01:16:51.000]  We've got the call lines open, they'll be open all night.
[01:16:51.000 --> 01:17:02.000]  We'll be right back.
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[01:19:19.000 --> 01:19:21.000]  Okay, we are back.
[01:19:21.000 --> 01:19:26.000]  Randy Kelton with our radio, and we're talking to Oliver in Tennessee.
[01:19:26.000 --> 01:19:28.000]  Oliver, you didn't send me a copy of the suit.
[01:19:28.000 --> 01:19:32.000]  The finalized version?
[01:19:32.000 --> 01:19:36.000]  Yeah, I wanted the opportunity to just rip it to shreds.
[01:19:36.000 --> 01:19:41.000]  All right, I'm going to do that.
[01:19:41.000 --> 01:19:43.000]  I got to add a little part of it.
[01:19:43.000 --> 01:19:46.000]  I didn't do that because I had to add a little bit more to it.
[01:19:46.000 --> 01:19:49.000]  I have a lot of stuff in there, and you showed me how to back it up.
[01:19:49.000 --> 01:19:52.000]  Okay, here's what I'm doing.
[01:19:52.000 --> 01:19:56.000]  I'm starting a paralegal service.
[01:19:56.000 --> 01:20:04.000]  And in order to be able to produce all my documents, I'm building a set of templates.
[01:20:04.000 --> 01:20:08.000]  I'm working with Microsoft Word.
[01:20:08.000 --> 01:20:17.000]  If you take a form and put in all the information in this form, like your name and address,
[01:20:17.000 --> 01:20:25.000]  the name of the court, the address, the cause number, the plaintiff's name and address,
[01:20:25.000 --> 01:20:35.000]  take all this basic information, and then you take your suit, the form for the suit,
[01:20:35.000 --> 01:20:41.000]  and in Word, if you go to one document where you have all your information,
[01:20:41.000 --> 01:20:48.000]  and you select that information from the one document, and then you bring it over
[01:20:48.000 --> 01:20:56.000]  to the other document and hit, on the home tab, hit, if you're on the home,
[01:20:56.000 --> 01:21:04.000]  I'm sorry, it's right next to the home tab, you'll see a paste option.
[01:21:04.000 --> 01:21:08.000]  And under the paste option is a little down arrow.
[01:21:08.000 --> 01:21:14.000]  You click that down arrow, and you'll get paste special.
[01:21:14.000 --> 01:21:23.000]  And under paste special, you select paste leak, and you drop it in your document.
[01:21:23.000 --> 01:21:28.000]  Then if you go to the original, if you close, if you take your,
[01:21:28.000 --> 01:21:33.000]  like I have an input sheet that has all my information on it.
[01:21:33.000 --> 01:21:38.000]  If you, if I open a pleading, I need to put in my name and address,
[01:21:38.000 --> 01:21:46.000]  I need to put in the plaintiff, I need to put in the defendant, the court, the cause number.
[01:21:46.000 --> 01:21:50.000]  I copy all of that into a template.
[01:21:50.000 --> 01:21:57.000]  When I open the template, the document I copied it from, the template will go to that document
[01:21:57.000 --> 01:22:03.000]  and pull whatever information I have in there and drop it in my document.
[01:22:03.000 --> 01:22:10.000]  So when you file suit, you need to have your original petition,
[01:22:10.000 --> 01:22:16.000]  you need to have affidavits, maybe there's certain motions you want to file,
[01:22:16.000 --> 01:22:26.000]  a motion in limiting, maybe a preliminary injunction, a objection to oral arguments,
[01:22:26.000 --> 01:22:29.000]  all kind of motions you can file.
[01:22:29.000 --> 01:22:34.000]  Well, you put all of those in one document.
[01:22:34.000 --> 01:22:39.000]  And as I write these documents, I'm adding them to it.
[01:22:39.000 --> 01:22:44.000]  And each one of them has these fields patched in it.
[01:22:44.000 --> 01:22:51.000]  So if I get a new issue, then I go to my input sheet and change all the information on the input sheet,
[01:22:51.000 --> 01:22:55.000]  open my document, it populates everything.
[01:22:55.000 --> 01:23:03.000]  You get 20% or 30% of all of this really annoying detail stuff.
[01:23:03.000 --> 01:23:07.000]  It does it automatically.
[01:23:07.000 --> 01:23:18.000]  Anyway, once I get a working model together, I'll make it available on one of my websites.
[01:23:18.000 --> 01:23:25.000]  Usually the input document is a spreadsheet, so in a spreadsheet you can do all kind of cool stuff.
[01:23:25.000 --> 01:23:28.000]  I'm building a scheduling order.
[01:23:28.000 --> 01:23:32.000]  And in a scheduling order, when you file the suit,
[01:23:32.000 --> 01:23:37.000]  you have to file the scheduling order with the court within 30 days.
[01:23:37.000 --> 01:23:46.000]  And you have to give notice of all of your expert witnesses generally within 30 days.
[01:23:46.000 --> 01:23:54.000]  In the scheduling order, you generally want to finish all of the discovery by 180 days.
[01:23:54.000 --> 01:23:58.000]  And there are a whole bunch of different things that needs to be in a scheduling order.
[01:23:58.000 --> 01:24:04.000]  Scheduling orders are usually for federal courts, but a lot of state courts are using them as well.
[01:24:04.000 --> 01:24:13.000]  So using a spreadsheet, you can put in the date that you're filing the case.
[01:24:13.000 --> 01:24:25.000]  And then next to it, you can say this is for the scheduling order, the date to finish all discovery.
[01:24:25.000 --> 01:24:35.000]  And you can say the date cell, this cell equals the date cell plus 180.
[01:24:35.000 --> 01:24:37.000]  And then you copy that into your document.
[01:24:37.000 --> 01:24:45.000]  So whatever date you put in, the second cell will add 180 days to it and then put it in your document.
[01:24:45.000 --> 01:24:51.000]  So it will completely populate your scheduling order, and all you have to do is open it.
[01:24:51.000 --> 01:24:54.000]  And it will populate it based on your filing date.
[01:24:54.000 --> 01:25:05.000]  All kind of cool stuff you can do that will save, it eliminates the problem with detail.
[01:25:05.000 --> 01:25:16.000]  If you have to file a scheduling order, does anybody out there have any idea how to file a scheduling order?
[01:25:16.000 --> 01:25:22.000]  Man, I've been three days trying to figure all this crap out.
[01:25:22.000 --> 01:25:24.000]  How long have I got to file discovery?
[01:25:24.000 --> 01:25:28.000]  How long did the courts generally allow you to file discovery?
[01:25:28.000 --> 01:25:36.000]  How long before you file a notice of witness list?
[01:25:36.000 --> 01:25:40.000]  How long do you have to file an amended pleading?
[01:25:40.000 --> 01:25:44.000]  Oh, kind of stuff. I don't know what all these are.
[01:25:44.000 --> 01:25:54.000]  It's been a day and a half digging out other scheduling orders to find out how they time these things out.
[01:25:54.000 --> 01:25:57.000]  It turns out they're all the same amounts.
[01:25:57.000 --> 01:26:00.000]  It took me two days to figure it out.
[01:26:00.000 --> 01:26:08.000]  So I'm building these forms that you don't have to worry about it.
[01:26:08.000 --> 01:26:18.000]  You open the document, you put in the date you filed the document, and boom, it spits you out a scheduling order.
[01:26:18.000 --> 01:26:23.000]  So I'll be building these forms, and as I build them, I'll be putting them online.
[01:26:23.000 --> 01:26:38.000]  There is a limit to how much I can put in, but one of the things about the forms is I take the standard format for building a suit or building a particular motion.
[01:26:38.000 --> 01:26:47.000]  O'Connor's, they have a set of forms, and O'Connor's is a litigation guide.
[01:26:47.000 --> 01:26:55.000]  If you're in Tennessee, have you tried to find a litigation guide?
[01:26:55.000 --> 01:26:57.000]  Yes.
[01:26:57.000 --> 01:27:00.000]  You're working way too hard.
[01:27:00.000 --> 01:27:07.000]  Go talk to some lawyers. Ask them if they got any old copies of litigation guides.
[01:27:07.000 --> 01:27:13.000]  These things, they tell you, okay, you want to do jurisdiction? Here's jurisdiction.
[01:27:13.000 --> 01:27:22.000]  Here's all the case law. You just put in your name here. You put in your address here. You just fill in the blanks.
[01:27:22.000 --> 01:27:31.000]  And the best part about that, Oliver, is most of the lawyers use these because it just saves them time.
[01:27:31.000 --> 01:27:37.000]  Now you're producing a document that looks exactly like a lawyer wrote it.
[01:27:37.000 --> 01:27:46.000]  Ken Magnuson, I have him on the show on occasion. This is several years ago. He was in a foreclosure issue.
[01:27:46.000 --> 01:27:51.000]  And he was writing a petition for restraining order. So he put one together and he sent it to me.
[01:27:51.000 --> 01:27:56.000]  And he said, well, what do you think? I said, it's a piece of crap, Ken.
[01:27:56.000 --> 01:28:03.000]  Oh, you think you can do better? Darn right I can. So I sent him one back.
[01:28:03.000 --> 01:28:12.000]  He looked at it. He liked it. He filed it in court, went to the hearing, didn't expect the other lawyer to show up, but he did.
[01:28:12.000 --> 01:28:19.000]  The lawyer argued his side. Ken didn't have to argue anything. The judge just granted the restraining order.
[01:28:19.000 --> 01:28:28.000]  They come out of court and the lawyer said, are you an attorney? And he said, no, but my brother is. Did you write this?
[01:28:28.000 --> 01:28:37.000]  He said, well, I had some help. The lawyer said, that is very good. Ken told me that.
[01:28:37.000 --> 01:28:46.000]  And I struggled not to laugh because that was O'Connor's form. I just filled in the blanks.
[01:28:46.000 --> 01:28:52.000]  So why did the lawyer think it was very good?
[01:28:52.000 --> 01:28:59.000]  Tell you, they give new lawyers to pro se litigants because they're easier to handle.
[01:28:59.000 --> 01:29:10.000]  The lawyer gets this motion in preliminary injunction and looks at it and says, hey, man, that thing looks exactly like the ones we do.
[01:29:10.000 --> 01:29:16.000]  And he's wondering how the heck did he do that? Well, they both use O'Connor's forms.
[01:29:16.000 --> 01:29:26.000]  And the judge got it and he saw exactly what he expected to see, exactly where he expected to see it.
[01:29:26.000 --> 01:29:31.000]  The standard case law was exactly what he's seen 500 times.
[01:29:31.000 --> 01:29:38.000]  So he could just skim down the document, get to the pertinent part and not have to waste his time with all of it.
[01:29:38.000 --> 01:29:46.000]  If you write a motion and you do it all from scratch and you've got 20 cases the judge has never seen before,
[01:29:46.000 --> 01:29:48.000]  Denied.
[01:29:48.000 --> 01:30:01.000]  Hang on, Randy Kelton, Rule of Law Radio, we'll be right back.
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[01:31:23.000 --> 01:31:30.000]  I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com.
[01:31:30.000 --> 01:31:35.000]  This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11.
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[01:33:35.000 --> 01:33:41.000]  Okay, we are back.
[01:33:41.000 --> 01:33:46.000]  Randy Kelton with Logosradio and we're talking to Oliver in Tennessee.
[01:33:46.000 --> 01:33:53.000]  Okay, Oliver, first thing Monday morning, call two or three lawyers.
[01:33:53.000 --> 01:34:00.000]  Tell them that you're homeschooling your kids and you want to give them a course in basic law.
[01:34:00.000 --> 01:34:07.000]  Do you have any old litigation guides laying around that I could show them?
[01:34:07.000 --> 01:34:11.000]  Okay, I went to about 20 offices.
[01:34:11.000 --> 01:34:14.000]  All of them said that they have electronic systems.
[01:34:14.000 --> 01:34:18.000]  They don't have any litigation guides.
[01:34:18.000 --> 01:34:20.000]  Oh, that sucks.
[01:34:20.000 --> 01:34:23.000]  Okay, you might need one from me.
[01:34:23.000 --> 01:34:25.000]  That's a problem.
[01:34:25.000 --> 01:34:37.000]  Did you go to the legal library, see if you might be able to get access to their electronics ones through the legal library?
[01:34:37.000 --> 01:34:47.000]  It's really important to be able to find this because now you produce documents that look just like documents lawyers produce.
[01:34:47.000 --> 01:34:55.000]  If you can't find the litigation guides, then go down and look through the records.
[01:34:55.000 --> 01:35:04.000]  Never write a motion until you've pulled four or five out of the court records and see how they're structured.
[01:35:04.000 --> 01:35:07.000]  When I first started doing legal research, that's how I did it.
[01:35:07.000 --> 01:35:13.000]  I went down to the clerk's office and just pulled out these cases and looked through them.
[01:35:13.000 --> 01:35:18.000]  I found all kinds of cool stuff.
[01:35:18.000 --> 01:35:28.000]  Do you have online access to the county court records?
[01:35:28.000 --> 01:35:30.000]  I don't think so.
[01:35:30.000 --> 01:35:31.000]  I might.
[01:35:31.000 --> 01:35:33.000]  I haven't checked into it before.
[01:35:33.000 --> 01:35:49.000]  Go down to the district clerk's office and ask them if they have any cases of this type or similar to your case and ask them to show you the cases.
[01:35:49.000 --> 01:35:54.000]  You'll find stuff in there you never thought of.
[01:35:54.000 --> 01:35:59.000]  Go ask to see cases where people have sued the city.
[01:35:59.000 --> 01:36:06.000]  The main thing you'll find is how to get past the city's qualified immunity.
[01:36:06.000 --> 01:36:11.000]  They're qualified and they're sovereign immunity.
[01:36:11.000 --> 01:36:20.000]  In this case, you can do it because they created a tort, but this will have pleadings in there that argue these issues for you.
[01:36:20.000 --> 01:36:21.000]  You don't have to do it.
[01:36:21.000 --> 01:36:33.000]  You can use what my primary skill is I'm an accomplished plagiarist.
[01:36:33.000 --> 01:36:36.000]  Use other people's documents.
[01:36:36.000 --> 01:36:39.000]  Don't write them yourself.
[01:36:39.000 --> 01:36:47.000]  It's not that you can't write a good document yourself, but if you write it yourself without the litigation guide,
[01:36:47.000 --> 01:36:53.000]  it's not going to look like the documents that the lawyers write.
[01:36:53.000 --> 01:37:02.000]  And the only way you want the judge to know that a lawyer didn't write your document is that it doesn't have a lawyer signature at the bottom.
[01:37:02.000 --> 01:37:08.000]  So I suggest you go get a half a dozen suits against cities.
[01:37:08.000 --> 01:37:14.000]  How about if the judge is familiar with you?
[01:37:14.000 --> 01:37:22.000]  I'm having a realization that this might be because I'm in a certain court.
[01:37:22.000 --> 01:37:23.000]  That's why I called you also.
[01:37:23.000 --> 01:37:25.000]  I had something that happened that's very funny.
[01:37:25.000 --> 01:37:26.000]  Let me just start.
[01:37:26.000 --> 01:37:27.000]  I had a friend.
[01:37:27.000 --> 01:37:28.000]  He's white.
[01:37:28.000 --> 01:37:29.000]  He left my house.
[01:37:29.000 --> 01:37:30.000]  He came to see me.
[01:37:30.000 --> 01:37:31.000]  He left my house.
[01:37:31.000 --> 01:37:35.000]  And then like five minutes later, he came back knocking on my door.
[01:37:35.000 --> 01:37:37.000]  I'm like, what's wrong with him?
[01:37:37.000 --> 01:37:38.000]  So I let him in.
[01:37:38.000 --> 01:37:42.000]  He's like, yo, a cop just pulled me over in front of your house.
[01:37:42.000 --> 01:37:44.000]  I'm like, what?
[01:37:44.000 --> 01:37:45.000]  He was like, yeah.
[01:37:45.000 --> 01:37:49.000]  He asked me what I was doing coming from your house.
[01:37:49.000 --> 01:37:51.000]  I said, what did you say?
[01:37:51.000 --> 01:37:53.000]  He said, yeah, he asked me what I was doing coming from your house.
[01:37:53.000 --> 01:37:57.000]  And I asked him, what is he talking about?
[01:37:57.000 --> 01:37:58.000]  Oliver's my neighbor.
[01:37:58.000 --> 01:37:59.000]  What the hell is he talking about?
[01:37:59.000 --> 01:38:06.000]  He was like, oh, well, he asked him, well, do you have the same views as Oliver?
[01:38:06.000 --> 01:38:12.000]  He said, what I can understand, he's right.
[01:38:12.000 --> 01:38:13.000]  Yeah.
[01:38:13.000 --> 01:38:18.000]  And then he said, the cop was like, well, all right, have a nice evening.
[01:38:18.000 --> 01:38:22.000]  And then the cop left.
[01:38:22.000 --> 01:38:23.000]  Oh, okay.
[01:38:23.000 --> 01:38:25.000]  You got to be careful, Oliver.
[01:38:25.000 --> 01:38:35.000]  You're going to wind up along with me labeled by the Southern Poverty Law Center as an enemy of the state.
[01:38:35.000 --> 01:38:37.000]  I'm okay with that.
[01:38:37.000 --> 01:38:45.000]  If you have the gall to stand up for your rights, the Southern Poverty Law Center will label you an enemy of the state.
[01:38:45.000 --> 01:38:51.000]  Hey, I think I like it that way because this last past week, I've been getting a lot of respect.
[01:38:51.000 --> 01:38:53.000]  I've been caught in the corner.
[01:38:53.000 --> 01:39:01.000]  And cops are pointing like, I have caught one cop getting the other cop's attention to point at me as I'm turning the corner.
[01:39:01.000 --> 01:39:03.000]  And they don't pursue me.
[01:39:03.000 --> 01:39:05.000]  It's just like they're standing there in amazement.
[01:39:05.000 --> 01:39:08.000]  Like we had a meeting about this guy right here.
[01:39:08.000 --> 01:39:11.000]  He's driving around without a license.
[01:39:11.000 --> 01:39:12.000]  Leave him alone.
[01:39:12.000 --> 01:39:18.000]  All he'll do is sue you.
[01:39:18.000 --> 01:39:35.000]  Part of why I'm doing this is I will be putting this tool together so you can fill in, it'll ask you questions, you fill in the blanks, and it'll spit out your lawsuit.
[01:39:35.000 --> 01:39:41.000]  We need to make it easy to file a basic lawsuit.
[01:39:41.000 --> 01:39:43.000]  That is where the power is.
[01:39:43.000 --> 01:39:46.000]  You want to get these guys' attention?
[01:39:46.000 --> 01:39:51.000]  So that gets their attention.
[01:39:51.000 --> 01:39:55.000]  So now you're going to be Mr. Oliver Sir.
[01:39:55.000 --> 01:39:57.000]  But here's the problem right now.
[01:39:57.000 --> 01:40:03.000]  I had to go to court, I think Monday or Tuesday, and I had to go to court for supposed evading arrest.
[01:40:03.000 --> 01:40:14.000]  So now when they call my name up, he's telling the judge, well, Oliver didn't come see me, so I couldn't make a settlement with this case.
[01:40:14.000 --> 01:40:17.000]  But he's here today, and I'm walking up.
[01:40:17.000 --> 01:40:19.000]  I'm looking at him very grimy.
[01:40:19.000 --> 01:40:22.000]  I'm like, what do I need to come see you for?
[01:40:22.000 --> 01:40:25.000]  You already know, Oliver has been through this courtroom many a times.
[01:40:25.000 --> 01:40:28.000]  You already know what the business is.
[01:40:28.000 --> 01:40:31.000]  You dismiss it, and Oliver goes home.
[01:40:31.000 --> 01:40:34.000]  And the judge is familiar with this.
[01:40:34.000 --> 01:40:37.000]  As I'm walking up, I'm looking at him real dirty.
[01:40:37.000 --> 01:40:41.000]  I'm not paying attention to the judge.
[01:40:41.000 --> 01:40:43.000]  Wait, I'm losing you, Oliver.
[01:40:43.000 --> 01:40:46.000]  I'm not paying attention to the judge, so the judge is looking...
[01:40:46.000 --> 01:40:47.000]  Wait, hold on, Oliver.
[01:40:47.000 --> 01:40:48.000]  Hold on, Oliver.
[01:40:48.000 --> 01:40:49.000]  I can't hear you.
[01:40:49.000 --> 01:40:52.000]  You need to get closer to the mic or something.
[01:40:52.000 --> 01:40:54.000]  Can you hear me?
[01:40:54.000 --> 01:40:56.000]  Barely.
[01:40:56.000 --> 01:40:57.000]  Can you hear me now?
[01:40:57.000 --> 01:40:58.000]  No, I still can't.
[01:40:58.000 --> 01:41:00.000]  I can barely hear you.
[01:41:00.000 --> 01:41:02.000]  Hello?
[01:41:02.000 --> 01:41:03.000]  Okay.
[01:41:03.000 --> 01:41:05.000]  You might try hanging up and calling back again.
[01:41:05.000 --> 01:41:09.000]  It sounds like your signal's getting weak.
[01:41:09.000 --> 01:41:10.000]  Okay.
[01:41:10.000 --> 01:41:13.000]  Oh, there you came back up.
[01:41:13.000 --> 01:41:14.000]  Okay.
[01:41:14.000 --> 01:41:16.000]  So I'm sitting there.
[01:41:16.000 --> 01:41:19.000]  The judge is familiar with me.
[01:41:19.000 --> 01:41:23.000]  But she's looking at me very funny because I'm looking very aggressive today.
[01:41:23.000 --> 01:41:25.000]  Because I'm looking at him like, man, you know me.
[01:41:25.000 --> 01:41:26.000]  I ain't that confident.
[01:41:26.000 --> 01:41:27.000]  No, hold on, Oliver.
[01:41:27.000 --> 01:41:28.000]  You're fading out.
[01:41:28.000 --> 01:41:30.000]  We're losing you altogether.
[01:41:30.000 --> 01:41:35.000]  Try hanging up and calling back in.
[01:41:35.000 --> 01:41:37.000]  Hello?
[01:41:37.000 --> 01:41:38.000]  There, okay.
[01:41:38.000 --> 01:41:41.000]  Are you moving away from your mic or something?
[01:41:41.000 --> 01:41:42.000]  No.
[01:41:42.000 --> 01:41:45.000]  I guess it just rained something.
[01:41:45.000 --> 01:41:47.000]  It must just be a weak signal.
[01:41:47.000 --> 01:41:48.000]  Okay.
[01:41:48.000 --> 01:41:52.000]  You just got to the part where you're talking about the judge.
[01:41:52.000 --> 01:41:53.000]  Right.
[01:41:53.000 --> 01:41:54.000]  I'm familiar with the judge.
[01:41:54.000 --> 01:41:57.000]  The judge is used to me being unpleasant.
[01:41:57.000 --> 01:42:00.000]  But I'm looking very angry at the attorney today.
[01:42:00.000 --> 01:42:01.000]  The judge is staring at the bailiff.
[01:42:01.000 --> 01:42:02.000]  The bailiff is used to me.
[01:42:02.000 --> 01:42:07.000]  So the bailiff is not even paying me no mind because the bailiff has already figured me out.
[01:42:07.000 --> 01:42:09.000]  Oliver don't play no games.
[01:42:09.000 --> 01:42:11.000]  You're going to let him go no matter what.
[01:42:11.000 --> 01:42:15.000]  So now, as he said, now my attorney charged him.
[01:42:15.000 --> 01:42:19.000]  He said, oh, well, they might be pressing perjury charges.
[01:42:19.000 --> 01:42:21.000]  Wait a minute, Oliver.
[01:42:21.000 --> 01:42:22.000]  Good.
[01:42:22.000 --> 01:42:24.000]  You need to hang up and call back in.
[01:42:24.000 --> 01:42:25.000]  You're fading out.
[01:42:25.000 --> 01:42:29.000]  See if you get a better line when you call back in.
[01:42:29.000 --> 01:42:33.000]  You know, I can't hear you at all now.
[01:42:33.000 --> 01:42:37.000]  So we'll pick you up when we come back from break.
[01:42:37.000 --> 01:42:43.000]  We've got about a minute and 20 seconds to break.
[01:42:43.000 --> 01:42:45.000]  We don't have any other callers.
[01:42:45.000 --> 01:42:51.000]  So if anybody's got a question or comment, give us a call at 512-646-1984.
[01:42:51.000 --> 01:42:54.000]  And I'm going to go back to what I'm working on right now.
[01:42:54.000 --> 01:42:57.000]  And then I'm building some basic forms.
[01:42:57.000 --> 01:43:03.000]  I know Oliver's talked to me about formatting and such in Microsoft Word.
[01:43:03.000 --> 01:43:14.000]  And I'm using Microsoft Word to build a set of templates so that the one
[01:43:14.000 --> 01:43:17.000]  document will be an input document.
[01:43:17.000 --> 01:43:23.000]  And then in the other, I'll put every motion that I file one right after the
[01:43:23.000 --> 01:43:27.000]  other and just build them all in one big document.
[01:43:27.000 --> 01:43:29.000]  And it's a merged document.
[01:43:29.000 --> 01:43:34.000]  So when I open it, it looks to the input document, gets all its information,
[01:43:34.000 --> 01:43:37.000]  and fills in all these documents.
[01:43:37.000 --> 01:43:41.000]  So every document I produce, when I open this thing, it'll produce them all.
[01:43:41.000 --> 01:43:47.000]  And now I can just go down and capture out the ones I want and add the extra
[01:43:47.000 --> 01:43:49.000]  details and send them.
[01:43:49.000 --> 01:43:51.000]  It'll save us all a whole lot of time.
[01:43:51.000 --> 01:43:53.000]  Hang on.
[01:43:53.000 --> 01:44:01.000]  We'll be right back.
[01:44:01.000 --> 01:44:04.000]  At Capital Coin and Bullion, our mission is to be your preferred shopping
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[01:44:54.000 --> 01:45:01.000]  Visit us at capitalcoinandbullion.com or call 512-646-6440.
[01:45:01.000 --> 01:45:04.000]  Are you the plaintiff or defendant in a lawsuit?
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[01:46:01.000 --> 01:46:24.000]  Okay, we are back.
[01:46:24.000 --> 01:46:29.000]  Randy Kelton, Rule of Law Radio, and we're talking to Oliver in Tennessee.
[01:46:29.000 --> 01:46:32.000]  Okay, let's see if we can hear you now, Oliver.
[01:46:32.000 --> 01:46:34.000]  Yes, can you hear me?
[01:46:34.000 --> 01:46:36.000]  Oh, yeah, much better.
[01:46:36.000 --> 01:46:38.000]  Okay, so I'm talking to him.
[01:46:38.000 --> 01:46:42.000]  Now he says that, well, there's also another thing.
[01:46:42.000 --> 01:46:44.000]  There might be also perjury charges.
[01:46:44.000 --> 01:46:46.000]  Perjury charges?
[01:46:46.000 --> 01:46:49.000]  Where you get perjury charges from, you know what I'm saying, evasion and arrest?
[01:46:49.000 --> 01:46:59.000]  You're like, oh, well, you filed suit on the city and you filed a form to, I guess,
[01:46:59.000 --> 01:47:04.000]  delay filing fees until the end of the court session.
[01:47:04.000 --> 01:47:15.000]  And you said that in the spot where it says your assets, you said that you didn't put anything.
[01:47:15.000 --> 01:47:28.000]  So they're saying that you committed perjury by not filing the cards that you are apparently suing for.
[01:47:28.000 --> 01:47:30.000]  And I'm sitting in the room.
[01:47:30.000 --> 01:47:31.000]  I'm looking at him.
[01:47:31.000 --> 01:47:32.000]  I'm like, you know what?
[01:47:32.000 --> 01:47:37.000]  I said, well, you know, when you're in the courtroom, you stand at the podium from the judge
[01:47:37.000 --> 01:47:42.000]  and the prosecutors and everything else sitting right behind you on the bench.
[01:47:42.000 --> 01:47:45.000]  I said, I looked at him.
[01:47:45.000 --> 01:47:47.000]  I said, go ahead and try it.
[01:47:47.000 --> 01:47:50.000]  I said, y'all like spending that money, don't you?
[01:47:50.000 --> 01:47:53.000]  And then he tugged his head and he tugged his head on his shoulders.
[01:47:53.000 --> 01:47:58.000]  And he was like, well, then I'm going to be paying in silver and gold because in my suit,
[01:47:58.000 --> 01:48:06.000]  at the end, I said I wanted all payments from the city in silver or gold.
[01:48:06.000 --> 01:48:12.000]  And the judge was sitting there as the judge was talking, she was like, well,
[01:48:12.000 --> 01:48:15.000]  I'm going to set it for another court date.
[01:48:15.000 --> 01:48:17.000]  Then it's going to be set for trial.
[01:48:17.000 --> 01:48:19.000]  And I think that's the best thing for us to do.
[01:48:19.000 --> 01:48:21.000]  And I'm just not paying attention to the judge at all.
[01:48:21.000 --> 01:48:24.000]  I got a mean face on my face.
[01:48:24.000 --> 01:48:27.000]  Now the judge was like, Ms. Olivier, she started calling me to get my attention.
[01:48:27.000 --> 01:48:30.000]  When she finally gave my attention, I looked up at her with a big old smile.
[01:48:30.000 --> 01:48:32.000]  And I just said, yes, ma'am.
[01:48:32.000 --> 01:48:36.000]  She's like, in her eyes, she's like, ma'am, Mr. Olivier is serious.
[01:48:36.000 --> 01:48:38.000]  He didn't hear one word I said.
[01:48:38.000 --> 01:48:40.000]  He said, no, I'm going to end up.
[01:48:40.000 --> 01:48:43.000]  He said, yes, ma'am, whatever.
[01:48:43.000 --> 01:48:47.000]  Yeah, I'm going to come in the court all the dates and make sure this gets dismissed.
[01:48:47.000 --> 01:48:50.000]  But right now, I'm in La La Land.
[01:48:50.000 --> 01:48:56.000]  Why are you, why, we're here to talk about a criminal charge of me evading arrest supposedly.
[01:48:56.000 --> 01:49:01.000]  Why are you speaking to me about my lawsuit?
[01:49:01.000 --> 01:49:03.000]  Exactly.
[01:49:03.000 --> 01:49:05.000]  How did you see my lawsuit?
[01:49:05.000 --> 01:49:10.000]  Everybody saw my lawsuit because now I figured out that's why the cops,
[01:49:10.000 --> 01:49:14.000]  after I found my lawsuit, sheriff started coming around here.
[01:49:14.000 --> 01:49:16.000]  Sheriff started coming around here at night.
[01:49:16.000 --> 01:49:18.000]  And I'll stand outside my car and look at them.
[01:49:18.000 --> 01:49:22.000]  They'll stop and look and keep like admiration and go.
[01:49:22.000 --> 01:49:23.000]  They don't bother me.
[01:49:23.000 --> 01:49:24.000]  They don't do anything.
[01:49:24.000 --> 01:49:28.000]  They're just like, they must have had a big meeting or something.
[01:49:28.000 --> 01:49:33.000]  And let everyone know that don't go down in this neighborhood or something
[01:49:33.000 --> 01:49:34.000]  because they've been coming ahead.
[01:49:34.000 --> 01:49:36.000]  They haven't been bothering anyone.
[01:49:36.000 --> 01:49:37.000]  They see me on the street.
[01:49:37.000 --> 01:49:42.000]  They have not turned any corners trying to come after me.
[01:49:42.000 --> 01:49:44.000]  Nothing.
[01:49:44.000 --> 01:49:50.000]  I had a sheriff's deputy come to me once and say, what did you do to the sheriff?
[01:49:50.000 --> 01:49:52.000]  I said, well, I hadn't done anything to him for a while.
[01:49:52.000 --> 01:49:53.000]  Why?
[01:49:53.000 --> 01:49:56.000]  He said, well, we had roll call this morning.
[01:49:56.000 --> 01:49:58.000]  And he asked who here knew Randy Kelton.
[01:49:58.000 --> 01:50:01.000]  And about half of us raised our hand.
[01:50:01.000 --> 01:50:04.000]  He said, look, you are not to stop him.
[01:50:04.000 --> 01:50:07.000]  You are not to cite him.
[01:50:07.000 --> 01:50:11.000]  And whatever you do, don't put that SOB in my jail.
[01:50:11.000 --> 01:50:18.000]  So you probably had them have a meeting like that about you.
[01:50:18.000 --> 01:50:19.000]  Right.
[01:50:19.000 --> 01:50:28.000]  And so is there anything I could do about them saying that they could press charges
[01:50:28.000 --> 01:50:31.000]  or my attorney telling me that information?
[01:50:31.000 --> 01:50:34.000]  He has no business in that matter, does he?
[01:50:34.000 --> 01:50:36.000]  Wait, your attorney?
[01:50:36.000 --> 01:50:39.000]  Yes, my public defender.
[01:50:39.000 --> 01:50:42.000]  I'm looking at him like he crazy.
[01:50:42.000 --> 01:50:45.000]  The judge is worried that I'm about to jump and punch him.
[01:50:45.000 --> 01:50:48.000]  The judge is looking at the bailiff like, watch Mr. Olivier.
[01:50:48.000 --> 01:50:49.000]  Something is wrong with him.
[01:50:49.000 --> 01:50:57.000]  Well, you might try bar grieving your attorney.
[01:50:57.000 --> 01:50:58.000]  So, okay.
[01:50:58.000 --> 01:50:59.000]  Okay.
[01:50:59.000 --> 01:51:00.000]  Here's what will happen.
[01:51:00.000 --> 01:51:02.000]  He's court appointed counsel.
[01:51:02.000 --> 01:51:09.000]  He's going to throw you under the bus unless you give him plausible deniability.
[01:51:09.000 --> 01:51:12.000]  And it sounds like that's what you've been doing.
[01:51:12.000 --> 01:51:23.000]  So you might sit down with your attorney and say, look, you will adequately adjudicate every one of my due process rights.
[01:51:23.000 --> 01:51:30.000]  You fail to adjudicate one of them, and I'll bar grieve you for each one.
[01:51:30.000 --> 01:51:39.000]  And what he's going to want to do is go to the court and ask the court to allow him to withdraw from the case.
[01:51:39.000 --> 01:51:44.000]  You go to the court and tell the court, don't you dare allow him to withdraw.
[01:51:44.000 --> 01:51:47.000]  He's my counsel of choice.
[01:51:47.000 --> 01:51:57.000]  Last time he tried to withdraw the case with me, I filed a motion stating that I filed a motion of insufficient counsel.
[01:51:57.000 --> 01:52:08.000]  And I stated all the accounts, all the violations that happened between me and him from the time that I obtained him from the time of that court date.
[01:52:08.000 --> 01:52:16.000]  That court date, which I did not know about, was a motion to get me acquitted as his client.
[01:52:16.000 --> 01:52:17.000]  I filed that motion.
[01:52:17.000 --> 01:52:22.000]  Within five minutes of that motion hitting the desk, I filed a motion in the middle of the court.
[01:52:22.000 --> 01:52:27.000]  I went home, looked on the computer, looked at a motion, looked at a sample motion.
[01:52:27.000 --> 01:52:29.000]  I just took it and I wrote it myself.
[01:52:29.000 --> 01:52:30.000]  I wrote it myself.
[01:52:30.000 --> 01:52:39.000]  I put some cases in there and I clearly wrote out in plain English what they did wrong, what right there was, and I submitted it.
[01:52:39.000 --> 01:52:41.000]  I came in to submit it.
[01:52:41.000 --> 01:52:43.000]  The clerk was like, well, court has already started.
[01:52:43.000 --> 01:52:44.000]  I can't take this.
[01:52:44.000 --> 01:52:48.000]  I said, listen, I understand what you're saying, but this is the clerk's office.
[01:52:48.000 --> 01:52:49.000]  She said, yes.
[01:52:49.000 --> 01:52:50.000]  This is where you put the record.
[01:52:50.000 --> 01:52:51.000]  She said, yes.
[01:52:51.000 --> 01:52:52.000]  Please put it in my record.
[01:52:52.000 --> 01:52:55.000]  I don't care what they do with it, but put it in my record now.
[01:52:55.000 --> 01:52:57.000]  If they don't see it, that's their business.
[01:52:57.000 --> 01:52:58.000]  I want it in my record.
[01:52:58.000 --> 01:53:01.000]  She said, okay, Mr. Livia, I'm going to put it in there.
[01:53:01.000 --> 01:53:05.000]  Actually, I'm going to send it up right now if I get it in there for you.
[01:53:05.000 --> 01:53:06.000]  She walked it up there.
[01:53:06.000 --> 01:53:07.000]  I walked up to the courtroom.
[01:53:07.000 --> 01:53:08.000]  I sat down.
[01:53:08.000 --> 01:53:10.000]  I watched her hand the secretary the paper.
[01:53:10.000 --> 01:53:12.000]  It went down to the next person.
[01:53:12.000 --> 01:53:16.000]  They spread it along to the attorneys and they gave one to the judge.
[01:53:16.000 --> 01:53:23.000]  Before the judge was able to read it, my attorney was running back there telling me that, oh, we're going to cancel this court date.
[01:53:23.000 --> 01:53:26.000]  We're going to set another court date for dismissal.
[01:53:26.000 --> 01:53:30.000]  They found something and they're going to dismiss it.
[01:53:30.000 --> 01:53:32.000]  But how did they find something?
[01:53:32.000 --> 01:53:37.000]  The prosecutor was not in the courtroom.
[01:53:37.000 --> 01:53:39.000]  How did y'all communicate?
[01:53:39.000 --> 01:53:41.000]  I sat there and watched the whole transaction.
[01:53:41.000 --> 01:53:47.000]  How did you communicate with anybody to know that they had some information that they're going to dismiss the case?
[01:53:47.000 --> 01:53:48.000]  It was straight line.
[01:53:48.000 --> 01:53:53.000]  It went from, oh, you got to pay this money and this is all you can do.
[01:53:53.000 --> 01:54:01.000]  And I'm going to get rid of you as a client to, oh, they're dismissing the case because of a discrepancy.
[01:54:01.000 --> 01:54:02.000]  How?
[01:54:02.000 --> 01:54:05.000]  Do you have a secret microphone in your ear?
[01:54:05.000 --> 01:54:07.000]  I didn't see you talk to anybody.
[01:54:07.000 --> 01:54:12.000]  Within five minutes, all that changed.
[01:54:12.000 --> 01:54:21.000]  Well, I don't know how they do it, but when they find you're going to come after them, everything changes.
[01:54:21.000 --> 01:54:28.000]  I'm glad to hear you're having such a good response to your lawsuit.
[01:54:28.000 --> 01:54:36.000]  And here's the thing is they realized that they knocked down my house also, and I did not include that in there.
[01:54:36.000 --> 01:54:40.000]  So they know I'm coming for another lawsuit.
[01:54:40.000 --> 01:54:43.000]  Yeah, this one's practice.
[01:54:43.000 --> 01:54:44.000]  Exactly.
[01:54:44.000 --> 01:54:46.000]  And plus, they know my record.
[01:54:46.000 --> 01:54:54.000]  I've just had like four or five driving on suspended license, evading arrest,
[01:54:54.000 --> 01:55:01.000]  possession charges, all that was dismissed in circuit court.
[01:55:01.000 --> 01:55:03.000]  And so that judge is familiar with me.
[01:55:03.000 --> 01:55:08.000]  When that judge is like, I already know, we're going to get this dismissed.
[01:55:08.000 --> 01:55:11.000]  And I wanted to say this also.
[01:55:11.000 --> 01:55:16.000]  I went and looked up this false arrest, I mean, this evading arrest thing.
[01:55:16.000 --> 01:55:27.000]  And it said that the officer has to be trying to arrest you for a crime in order for you to evade arrest.
[01:55:27.000 --> 01:55:33.000]  I mean, there must be a crime committed before evading arrest happened.
[01:55:33.000 --> 01:55:42.000]  And then in the same statute, it says that a defense for evading arrest, there is a defense for evading arrest.
[01:55:42.000 --> 01:55:50.000]  And that defense is if the officer is trying to arrest you for a offense that you have not committed.
[01:55:50.000 --> 01:55:55.000]  So if he's trying to false arrest you, you are allowed to take off.
[01:55:55.000 --> 01:55:57.000]  You are allowed to flee.
[01:55:57.000 --> 01:55:59.000]  That is in the statute.
[01:55:59.000 --> 01:56:05.000]  I'm slipping backwards because I'm protected in the statute.
[01:56:05.000 --> 01:56:12.000]  It says that I was allowed to flee because that was a health and safety health and welfare check.
[01:56:12.000 --> 01:56:18.000]  So on a health and welfare check, you're trying to arrest me, I take off on you.
[01:56:18.000 --> 01:56:25.000]  Because you're trying to unlawfully arrest me, which is in the statute.
[01:56:25.000 --> 01:56:30.000]  Almost always, the police have never read the statutes.
[01:56:30.000 --> 01:56:35.000]  And, you know, I tell people, read the penal code and the Code of Criminal Procedure.
[01:56:35.000 --> 01:56:38.000]  And read like a comic book.
[01:56:38.000 --> 01:56:41.000]  You'll find all this cool stuff in there.
[01:56:41.000 --> 01:56:48.000]  You'll be laughing your head off at all the stuff they're doing wrong and the defenses you find,
[01:56:48.000 --> 01:56:52.000]  the tools you'll find in there to stop them, you'll love it.
[01:56:52.000 --> 01:56:55.000]  That's why I was looking at my attorney.
[01:56:55.000 --> 01:56:59.000]  Funny, because you're talking about some type of settlement.
[01:56:59.000 --> 01:57:01.000]  You haven't even read the law.
[01:57:01.000 --> 01:57:03.000]  If you know, if you read the law, you know me.
[01:57:03.000 --> 01:57:07.000]  Mr. Olivier applied his rights.
[01:57:07.000 --> 01:57:11.000]  In that statute, it says it has a right clause.
[01:57:11.000 --> 01:57:14.000]  And you didn't think to apply that to me?
[01:57:14.000 --> 01:57:15.000]  So I'm looking at it like, are you crazy?
[01:57:15.000 --> 01:57:17.000]  Well, you're not an attorney.
[01:57:17.000 --> 01:57:19.000]  You're a self-driver.
[01:57:19.000 --> 01:57:22.000]  Okay, that's malpractice.
[01:57:22.000 --> 01:57:24.000]  Ooh.
[01:57:24.000 --> 01:57:25.000]  Uh-huh.
[01:57:25.000 --> 01:57:29.000]  I guess it has areas of admissions policies.
[01:57:29.000 --> 01:57:30.000]  Wait a minute.
[01:57:30.000 --> 01:57:32.000]  Is that a suable offense?
[01:57:32.000 --> 01:57:34.000]  Yes, it is.
[01:57:34.000 --> 01:57:36.000]  Oh, man.
[01:57:36.000 --> 01:57:40.000]  They ain't going to like me, Randy.
[01:57:40.000 --> 01:57:46.000]  That's the primary reason I want to put together a paralegal service,
[01:57:46.000 --> 01:57:57.000]  is one of my primary services is going to be to audit lawsuits, audit cases.
[01:57:57.000 --> 01:58:01.000]  Show what the lawyer should have done, what the case called for,
[01:58:01.000 --> 01:58:04.000]  what he actually filed, what he failed to file,
[01:58:04.000 --> 01:58:10.000]  and how much you can sue him for failing to do what he should have done in the first place.
[01:58:10.000 --> 01:58:15.000]  If we're going to fix this system, this is the way we're going to do it.
[01:58:15.000 --> 01:58:21.000]  Lawyer can't fight for your rights because he's more afraid of the judge than he is of you.
[01:58:21.000 --> 01:58:24.000]  We need to change that.
[01:58:24.000 --> 01:58:30.000]  We need to judge and the lawyer more afraid of you than anybody else.
[01:58:30.000 --> 01:58:31.000]  Hang on.
[01:58:31.000 --> 01:58:33.000]  Randy Kelton, Group of Law Radio.
[01:58:33.000 --> 01:58:37.000]  I'll call it number 512-646-1984.
[01:58:37.000 --> 01:58:50.000]  We'll be right back.
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