ROL_2017-10-20_16k_Hr1-2.timecode

[00:00.000 --> 00:06.320]  The following news flash is brought to you by the Lowstar Lowdown.
[00:06.320 --> 00:13.240]  Markets for Friday the 13th of October, closed with gold at $1,303.82 an ounce, silver $17.41
[00:13.240 --> 00:21.040]  an ounce, Texas crude $50.60 a barrel, Bitcoin is way up, sitting at about $5,612 U.S. currency
[00:21.040 --> 00:33.600]  and dash coin is about 310 smackaroos. Today in history, the year 1307, hundreds nights
[00:33.600 --> 00:39.400]  Templar in France were simultaneously arrested by agents of King Philip IV, who ordered Grand
[00:39.400 --> 00:44.560]  Master Jacques de Malay in his score of French Templars to be rounded up for the accusation
[00:44.560 --> 00:50.720]  of Satanism, financial corruption, idolatry, sexual deviancy amongst the list of many accusations.
[00:50.720 --> 00:54.600]  It is this arrest which eventually led to the group's extermination. This is thought to
[00:54.600 --> 01:03.600]  be by many the origin of the first Friday of the 13th, today in history.
[01:03.600 --> 01:08.000]  In recent news, Spain's Deputy Prime Minister Sorolla signs that the Santa Maria laid the
[01:08.000 --> 01:12.920]  responsibility of Spain's economic uncertainty and low expected economic growth on Catalan
[01:12.920 --> 01:18.480]  President Carlos Puigdemont stating, quote, in fact there were no quick solutions to this
[01:18.480 --> 01:24.000]  issue which should be forced to lower expectations of economic growth for the year 2018. The issue
[01:24.000 --> 01:28.960]  of course went on Tuesday of this week. Puigdemont told regional lawmakers in a speech that Catalonia
[01:28.960 --> 01:33.120]  was proceeding with the Declaration of Independence from Spain, according to the mandate provided
[01:33.120 --> 01:37.840]  by the controversial gun violent referendum for independence held on the 1st of October.
[01:37.840 --> 01:41.600]  The central government has provided an ultimatum to Puigdemont, following line with Spain's
[01:41.600 --> 01:46.600]  laws by October 19th, or potentially lose Catalonia's autonomy. He has until Monday
[01:46.600 --> 01:50.680]  to respond. According to the Spanish law, this sort of referendum is deemed illegal
[01:50.680 --> 01:55.760]  and unconstitutional. This is why the Spanish government is considering the results irrelevant.
[01:55.760 --> 02:00.720]  Prime Minister Mariano Rajoy is urging Puigdemont to return to legality and to take independence
[02:00.720 --> 02:04.760]  off the table. Rajoy has also indicated that the Spanish government doesn't need international
[02:04.760 --> 02:09.640]  mediators to get entangled in the situation. The anti-capitalist syndicalist separatist
[02:09.640 --> 02:15.480]  Catalan party, the CUP, the popular unity candidacy, said any letter dated Friday that
[02:15.480 --> 02:19.600]  Puigdemont should ignore the Spanish government and declare independence anyway. The Catalan
[02:19.600 --> 02:24.400]  National Assembly, or ANC, a civil society group that coordinated the massive protests
[02:24.400 --> 02:28.560]  in support of secession, also issued a brief statement. It doesn't make sense to keep the
[02:28.560 --> 02:33.160]  suspension of the independence declaration. Prime Minister Rajoy stated that if Puigdemont
[02:33.160 --> 02:38.120]  were to declare independence, maybe he would have three days to cancel any secession plans.
[02:38.120 --> 02:43.400]  If Catalonia were to then refuse or not respond, Rajoy has put direct military intervention
[02:43.400 --> 02:47.960]  on the table by stating that Spain has the constitutional article which could be enacted
[02:47.960 --> 03:13.960]  for the first time that would grant central government that power.
[03:13.960 --> 03:42.280]  Okay, howdy, howdy, Randy Kelton. Real Law Radio on this Friday, the 20th day of October
[03:42.280 --> 03:54.320]  2017. I have the phone lines open, we keep them open all night. I call in number 512-646-1984
[03:54.320 --> 04:04.680]  and we'll start out with another interesting meeting or hearing I had in Highland Park.
[04:04.680 --> 04:13.640]  I filed all the motions that I have on the traffic ticket website, the motions and pleadings
[04:13.640 --> 04:24.200]  and complaints and all the other goodies and stuff and such. I talked to a judge the first
[04:24.200 --> 04:32.280]  time I appeared and he wanted me to give him a plea and I said, no, I already have a plea
[04:32.280 --> 04:39.960]  into the court in the form of a special appearance and they hadn't saw any of the filings that
[04:39.960 --> 04:48.520]  I had. So they put it off until another hearing and I missed that hearing so I went in, I
[04:48.520 --> 04:55.400]  was in Tennessee when that occurred, so I came to the court and they had an older lawyer
[04:55.400 --> 05:00.320]  there, the real judge wasn't in the first time it was the visiting judge, so they had
[05:00.320 --> 05:11.640]  to be in there and Scott Richardson was there with me and we had a really interesting interaction
[05:11.640 --> 05:22.120]  with the judge. I've got Scott on, I think he just perked into the mic. Scott, you're
[05:22.120 --> 05:31.800]  alive so don't blow your nose right now. I'll watch it. Okay. Why don't you give your version
[05:31.800 --> 05:40.480]  of what occurred? Well, it was really interesting because naturally we were dead last so we
[05:40.480 --> 05:48.840]  sat around for probably a good four hours and the whole time we were sitting there,
[05:48.840 --> 05:55.440]  they didn't really notice anything was going on but by the time that you got up and eventually
[05:55.440 --> 06:02.800]  started talking to the judge, you could tell that the judge was, he was a little bit kind
[06:02.800 --> 06:10.280]  of anxious to get you going and kind of get gone and I wouldn't say that he was rude
[06:10.280 --> 06:17.280]  or anything but he was a little bit short and so you would start to tell him this is
[06:17.280 --> 06:27.120]  what you were, this is about the motions and this is what you were doing and the attorney
[06:27.120 --> 06:33.280]  for the city, he was interjecting and saying, oh, well, this goes to Gray and all this other
[06:33.280 --> 06:40.720]  stuff and you'd say, oh, yeah, I know Gray and I'm not worried about Gray and things
[06:40.720 --> 06:47.120]  of this nature, well, the judge was being a little bit short at first and then you could
[06:47.120 --> 06:56.360]  suddenly, it was like you could feel something kind of change and I noticed it and you had
[06:56.360 --> 07:01.480]  got in my way where I couldn't really look at the judge and so once I kind of heard the
[07:01.480 --> 07:07.200]  judge kind of, his tone seemed to kind of change a little bit, well, I jumped over about
[07:07.200 --> 07:12.720]  three seats so I could get back in between y'all and look squarely at the judge. Well,
[07:12.720 --> 07:20.280]  he immediately noticed me noticing him and looking at him and then when you started going
[07:20.280 --> 07:29.680]  into the motions and what this was about and the judge's attitude really started to change
[07:29.680 --> 07:34.120]  and I could tell it changed, that was the whole reason I jumped over just to kind of
[07:34.120 --> 07:40.320]  see, get some of his facial expressions and kind of see if I could read him a little bit
[07:40.320 --> 07:49.160]  better. Well, by the time you were explaining about what you were doing and you didn't care
[07:49.160 --> 07:56.120]  about it being dismissed or anything because they started kind of, well, the judge was
[07:56.120 --> 08:03.480]  actually wanting to work a deal with you on this inspection sticker thing and he basically
[08:03.480 --> 08:10.880]  said, if you will just take a picture of your current inspection sticker, I'll get this
[08:10.880 --> 08:16.480]  dismissed and, you know, I can get you out of here and you're like, oh, no, no, no, that's
[08:16.480 --> 08:22.040]  not what this is about and because you were talking about how the...
[08:22.040 --> 08:26.640]  Wait, wait, hold on a second. He asked me if I had registered the vehicle and I said,
[08:26.640 --> 08:31.920]  oh yeah, I've got it registered. Well, if you'll just bring me proof that you registered
[08:31.920 --> 08:38.120]  it, he said, do you have proof that you registered it with me? Oh, no, no, no, no. Well, if you'll
[08:38.120 --> 08:46.120]  just bring proof, then I can dismiss that one and see I know. Well, Mr. Kalkin, we can
[08:46.120 --> 08:53.000]  just dispose of that. I don't want to dispose of that. It took me two years to get it. Yes,
[08:53.000 --> 08:59.360]  it's just, it's not even moving violation, so I don't care about it. Actually, I don't
[08:59.360 --> 09:06.160]  want you to dismiss it because I want to take this up the line and get me a good decision
[09:06.160 --> 09:12.360]  on these issues I'm bringing. And then he got the idea that he didn't have some leverage,
[09:12.360 --> 09:19.680]  oh, I'll help you out if you make a deal with me. And now he knows I don't care about the
[09:19.680 --> 09:21.680]  ticket. So...
[09:21.680 --> 09:32.240]  Right. His whole attitude had changed dramatically and he even called you counselor a couple
[09:32.240 --> 09:36.960]  of times. And you didn't, when we were talking about yesterday or something, it kind of went
[09:36.960 --> 09:42.160]  past you or something, but I caught that. And he was calling you counselor a few times.
[09:42.160 --> 09:49.240]  I was like, check this out. And then when you started telling him that you didn't want
[09:49.240 --> 09:55.040]  it dismissed and that you wanted to take it up the line, and he said, well, this is not
[09:55.040 --> 10:00.240]  a court of record. Okay. And he said, well, you know, you could just go ahead and file
[10:00.240 --> 10:09.320]  an appeal. Oh, no, I want the prosecutor to write something up. Well, now this is kind
[10:09.320 --> 10:10.320]  of really pertinent.
[10:10.320 --> 10:15.880]  Wait a minute. Hold on. I told him that I wanted the counselor to file an answer to
[10:15.880 --> 10:27.240]  my pleading and I wanted him to ask the counselor to rip me to shreds so that when I get to
[10:27.240 --> 10:35.720]  the next court, I'm already a leg up on what they're going to throw at me. Go ahead.
[10:35.720 --> 10:42.440]  And this judge, he was self-admitted prosecutor for Dallas County. He used to work for Dallas
[10:42.440 --> 10:47.080]  County for quite some time as a prosecutor. Now he's a judge in Highland Park. Well, the
[10:47.080 --> 10:53.600]  issue that you were bringing about, I can't recall it because it was kind of hard to hear
[10:53.600 --> 10:58.240]  everything and because you talk kind of soft when you're okay, hold up, then hold on. Let
[10:58.240 --> 11:05.280]  me kind of walk through what I brought to him. When we first went up there, the prosecutor
[11:05.280 --> 11:12.120]  wanted to argue these motions and he didn't understand. He was not prepared to argue these
[11:12.120 --> 11:19.600]  motions. And I told the judge, oh, your honor, I'm going to object to that because I filed
[11:19.600 --> 11:26.360]  these motions timely and the prosecutor hasn't answered any of the motions. So anything he
[11:26.360 --> 11:33.320]  tries to bring before the court now would constitute surprise. And that kind of took
[11:33.320 --> 11:37.440]  the judge back a bit. He kind of sat back in his chair for a second. It was like he
[11:37.440 --> 11:44.880]  was trying to figure out something to say but it wasn't coming out. And he decided he'd
[11:44.880 --> 11:52.840]  go ahead and let the prosecutor address the issues. And the prosecutor said, well, you
[11:52.840 --> 11:58.000]  know, the first thing we have to address is the subject matter jurisdiction challenge.
[11:58.000 --> 12:02.520]  And the prosecutor told him, well, your honor, all of our police officers are certified peace
[12:02.520 --> 12:09.120]  officers and they have jurisdiction to enforce criminal laws within the city limits of Highland
[12:09.120 --> 12:16.280]  Park. I said, well, that's very nice, your honor, but that's not relevant. They're not
[12:16.280 --> 12:23.920]  in food. This is not the penal laws. This is the transportation code. And the Texas
[12:23.920 --> 12:33.680]  Transportation Code specifies certain officers who have authority to enforce. It specifies
[12:33.680 --> 12:40.800]  the Department of Public Safety and it authorizes the county, a county commissioners court to
[12:40.800 --> 12:45.800]  appoint five sheriff's deputies to enforce the transportation code and the administrative
[12:45.800 --> 12:54.920]  code authorizes the municipality to appoint one officer to do DOT inspections. Now, where
[12:54.920 --> 13:04.160]  certain individuals are included, all others are excluded. And the prosecutor said, well,
[13:04.160 --> 13:10.080]  your honor, all of our police have the authority to enforce the transportation code. I said,
[13:10.080 --> 13:15.680]  your honor, I've brought proof, I've brought case law, I mean, I've brought case law and
[13:15.680 --> 13:21.080]  I've brought the statutes. He's taken a different position, made a proactive statement of law
[13:21.080 --> 13:31.160]  out of his own mouth. Now I ask him to prove it up. He looked over at the lawyer and he
[13:31.160 --> 13:38.240]  didn't know what to say. So he had already ruled against me on the speeding issue. And
[13:38.240 --> 13:46.960]  he withdrew that and set another hearing for January and asked the prosecutor to write
[13:46.960 --> 13:55.160]  an answer to my pleadings. And I ask him, would you ask him to rip me to shreds? And
[13:55.160 --> 14:02.760]  that part of that was to really put the prosecutor on the dime. That if he comes in there with
[14:02.760 --> 14:13.760]  a milk toast, crappy piece of two or three liner junk, he's going to look like a chump.
[14:13.760 --> 14:22.600]  So I'm hoping I've got him in a position to where he's going to try to rip me to shreds.
[14:22.600 --> 14:27.560]  So okay, go ahead. That's basically what happened. And I wound up with exactly what
[14:27.560 --> 14:35.480]  I wanted is a continuance and a hearing and the prosecutor order to answer my pleadings.
[14:35.480 --> 14:40.800]  No one has gotten an answer to these pleadings yet of all the people that's filed with them.
[14:40.800 --> 14:45.680]  They just ignore them and go on past them. So I'll actually have a good answer. Okay,
[14:45.680 --> 14:47.480]  go ahead, Scott.
[14:47.480 --> 14:54.440]  Right. And he reset everything. And this is when you had a warrant out for your arrest
[14:54.440 --> 14:59.840]  because you had missed the court date. Well, what was really interesting, he just like
[14:59.840 --> 15:05.240]  skipped right past all that. He wasn't interested in that no more. And once you started bringing
[15:05.240 --> 15:13.560]  the argument to the judge, and this is what you're actually arguing about, the judge
[15:13.560 --> 15:22.880]  actually told, actually said that he wanted to know this answer to. And once he said that,
[15:22.880 --> 15:29.160]  I was just, that kind of, I was kind of floored by that. I was like, wow, this guy wants to
[15:29.160 --> 15:35.720]  know the answer. Now the prosecutor is definitely on the dime to come up and write something
[15:35.720 --> 15:43.840]  up that is going to prove his case. And he won't be able to do it. So that's going to
[15:43.840 --> 15:50.280]  be real interesting when it comes around to January on what this guy, he comes up with
[15:50.280 --> 15:54.800]  if anything at all. I mean, he's going to, he's going to, he's going to have to throw
[15:54.800 --> 16:02.680]  some half bank concoction together. But it's going to be, he is definitely going to rely
[16:02.680 --> 16:10.840]  on Clark and Gray. And I'm going to argue for overturning Clark and Gray, because Clark
[16:10.840 --> 16:21.920]  and Gray both go to adjudicated, adjudicated expediency. They speak to how inexpedient
[16:21.920 --> 16:27.960]  it will be for police officers, take care of a person they arrest before magistrate.
[16:27.960 --> 16:36.400]  And I'm going to argue that adjudicated expediency is not a proper purpose for the government.
[16:36.400 --> 16:47.240]  And that the Gray and Clark both ignore the express intent of the legislation. Hang on,
[16:47.240 --> 16:55.040]  about to go to break. Randy Kelton, Rue Vle Radio on this Friday, the 20th day of October,
[16:55.040 --> 16:58.480]  2017. We'll be right back.
[16:58.480 --> 17:06.720]  Dang, Cookie. Cookie? Me love cookies. Oh, hi, Cookie Muncher. No, these are Yucky Cookies.
[17:06.720 --> 17:12.600]  Cookie? Yucky? No, no bad cookies. You can't even eat these cookies. These are cyber cookies.
[17:12.600 --> 17:17.560]  No, can't eat it. No, they are cyber cookies and they clog up your computer. These have
[17:17.560 --> 17:25.400]  apples. Really? Oh, that's some actual apple. Yummy apple. I'm going to throw away these
[17:25.400 --> 17:31.960]  Yucky Cookies in the trash. I click control, shift, delete, and then scroll down to cookies
[17:31.960 --> 17:38.200]  and clear them. Bye-bye, Yucky Cookies. Now, I go to logosradionetwork.com and I click
[17:38.200 --> 17:43.760]  on the Amazon box on the upper right-hand side, bookmark the link, and I can go to Amazon
[17:43.760 --> 17:49.560]  through this link and order you some yummy new cookie. No cookies for me. Consider it
[17:49.560 --> 17:54.440]  an early Christmas present. And every time I order on Amazon, I go through this link
[17:54.440 --> 18:00.720]  and I give a little present to this radio network, too. C is for Cookie. C is for Classified.
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[19:28.480 --> 19:35.520]  Okay, we are back. Randy Kelton of Rule of Law Radio and we're talking to Scott in Texas
[19:35.520 --> 19:42.960]  and there's something I have to tell because I promised the judge I would. We were there
[19:42.960 --> 19:52.520]  for four hours and it was about five o'clock when they got everybody done with and prosecutor
[19:52.520 --> 19:56.920]  had to go to the toilet. So he got up and left. I guess he really had to go to the toilet
[19:56.920 --> 20:03.160]  because he ran out of the courtroom and I told the judge, oh, this is wonderful. Now
[20:03.160 --> 20:08.600]  I get to go on my radio show and tell everybody that when they dispose of everybody else's
[20:08.600 --> 20:14.800]  cases and they got to mine, the prosecuting attorney jumped up and ran out of the courtroom.
[20:14.800 --> 20:24.000]  And he did. He came back. He did. He didn't come back. He probably might
[20:24.000 --> 20:30.360]  have stayed in the John for the rest of the time.
[20:30.360 --> 20:36.160]  But it was a good hearing and I'm looking forward to the January. Well, actually I'm
[20:36.160 --> 20:41.840]  looking forward to seeing his pleadings because when I get his pleadings that I'm going to
[20:41.840 --> 20:53.120]  rip them to shreds. But he will give me every argument he can come up with. And he knows
[20:53.120 --> 20:59.040]  while he's given them to me, he's given me ammunition that I can use for the next lawyer
[20:59.040 --> 21:05.360]  in the appeals court. The only thing that will screw me up is if the judge rules in
[21:05.360 --> 21:16.320]  my favor. That will be a problem. But anyway, in any case, I will have the pleadings that
[21:16.320 --> 21:23.560]  I need. Okay, Scott, what have you been up to besides
[21:23.560 --> 21:27.360]  this hearing you went to with me? Well, I had a hearing a couple of days later
[21:27.360 --> 21:37.720]  on Thursday. And so I went and got me a fresh haircut, got all shaved, got super cleaned
[21:37.720 --> 21:44.720]  up, put on my suit. And one of the guys that listens to the radio show, obviously his first
[21:44.720 --> 21:49.920]  name, Tim, he wanted to be a court watcher. And I said, okay, well, it's going to be
[21:49.920 --> 21:56.280]  at one and down to in Garland at the courthouse, blah, blah, blah. So I get there. He's already
[21:56.280 --> 22:01.320]  there waiting on me. And he was working on a construction job busting some concrete up.
[22:01.320 --> 22:08.360]  So he looked like he just got off a job site. And here I am in the suit. And so we walk
[22:08.360 --> 22:15.920]  up into the courtroom and meet with the bailiff and I check in, I go sit down. And normally
[22:15.920 --> 22:25.040]  the other judge that we use that everybody usually sees, he's not here in this case now.
[22:25.040 --> 22:29.000]  And he was the one that I told him I kind of really like him and was being real friendly
[22:29.000 --> 22:35.240]  towards him and everything and kind of friendly towards the prosecutor. And he still came in
[22:35.240 --> 22:40.400]  and was going to be in on this case, too. Well, we got moved over into this other court
[22:40.400 --> 22:47.960]  where this lady was. And so the reason I'm bringing that up is because usually they wouldn't
[22:47.960 --> 22:52.440]  allow nobody else in the courtroom. If you didn't have a case, you had to sit out in
[22:52.440 --> 22:57.120]  the hallway. So we kind of figured, okay, they're going to pull that and then he'll
[22:57.120 --> 23:04.720]  be able, this court watcher, he'll be able to have judicial conduct complaints to start
[23:04.720 --> 23:10.160]  writing up. If not, just go ahead and call 911 for not being allowed into the courtroom.
[23:10.160 --> 23:15.760]  And that was kind of what he was wanting to try to plan on doing. Well, they let him write
[23:15.760 --> 23:23.320]  on him. Not a word was said. So he comes over and sits down beside me. And we start talking
[23:23.320 --> 23:28.920]  a little bit, kind of going back and forth. And the bailiff, he's walking around kind
[23:28.920 --> 23:33.520]  of doing, there's only about five people in there. Well, he walked past a couple of times.
[23:33.520 --> 23:39.160]  Next time he walks past me, I said, oh, Mr. Bailiff, can you have a card on you? Oh,
[23:39.160 --> 23:45.520]  hang on, I've been handing some out. I think I might have one. He's reaching into a shirt
[23:45.520 --> 23:51.120]  pocket real quick. He pulls one out and hands it right to me. I thought, well, dang, I thought
[23:51.120 --> 23:56.280]  I might get him on a little something, too, for withholding a tampering with a record
[23:56.280 --> 24:01.400]  and not letting me have his identification. So he handed it right to me.
[24:01.400 --> 24:05.120]  Wait, hold just a second. Explain that, Scott, so people will know what you're getting
[24:05.120 --> 24:12.800]  in. Okay. If you ask an officer for their ID, usually they're going to point to their
[24:12.800 --> 24:19.680]  shirt and say, you read my name on here. That's my ID. That's all you need. Well, they have
[24:19.680 --> 24:25.480]  a duty to show you some form of identification. And normally they can't be caught.
[24:25.480 --> 24:35.520]  Wait, hold on, hold on. Every peace officer must have a state issued ID. That's a statutory
[24:35.520 --> 24:43.720]  requirement. That document is issued by the state, and it is in the custody and control
[24:43.720 --> 24:50.520]  of the officer. He is the custodian of the record for that document. He has to show it
[24:50.520 --> 24:56.800]  to you, or he violates the Open Records Act. Okay, go ahead.
[24:56.800 --> 25:05.480]  Yeah, I'm not as articulate as you when it comes to spouting it out. So anyhow, he handed
[25:05.480 --> 25:12.880]  me that card right quick. And so I was like, well, rookie here, not a word who said he
[25:12.880 --> 25:19.400]  was being very courteous, very respectful. Yes, sir, no, sir. And I was returning the
[25:19.400 --> 25:25.200]  same saying, yes, sir, no, sir, being very respectful to him. And so now we're just kind
[25:25.200 --> 25:31.320]  of sitting there and kind of going on and the prosecutor's calling some cases up. Well,
[25:31.320 --> 25:35.200]  he dismissed a couple while we're sitting there and I'm listening to him dismiss some
[25:35.200 --> 25:41.360]  cases and I'm like, oh, well, this is good. He's dismissed in some cases. Well, in the
[25:41.360 --> 25:48.680]  meantime, oh, damn, he's kind of being a little bit gruff about stuff and kind of being a
[25:48.680 --> 25:54.320]  little talking and being kind of a little bit loud, you know, and, and I'm kind of like,
[25:54.320 --> 26:00.360]  you know, I didn't really like that because it starts drawing too much attention and I
[26:00.360 --> 26:05.040]  didn't want to draw no attention. My old things try to diffuse everything and keep
[26:05.040 --> 26:10.960]  a bunch of extra attention from being built up. Well, while we're sitting there talking,
[26:10.960 --> 26:17.960]  he said, oh, did you hear the Garland mayor just resign? I was like, what? And he said,
[26:17.960 --> 26:23.800]  yeah, so he starts to pull it up on his phone. Well, about three or four weeks ago, when
[26:23.800 --> 26:29.760]  I filed the lawsuit against the Garland cop and the chief of police, two days later, I
[26:29.760 --> 26:35.840]  went and turned a tort letter in on the mayor. And so I said, well, in that something, his
[26:35.840 --> 26:42.320]  tort letter is about to be cured, cured, and probably by the two or three weeks or so,
[26:42.320 --> 26:46.640]  I don't have the exact date in front of me. I said, but I've already turned the tort
[26:46.640 --> 26:53.880]  letter in. And now this guy, he's resigning. Isn't that something he said? Yeah. And so
[26:53.880 --> 26:59.640]  he pulls it up on his phone and I read it. And the reason he's resigning is because
[26:59.640 --> 27:05.400]  they're wanting to tear down this old kind of war war two armory that's here in Garland
[27:05.400 --> 27:12.360]  to build a dog park. And the city council basically kept it from the people. And so
[27:12.360 --> 27:17.520]  he's saying he's going to have to resign because he just doesn't feel like the city council
[27:17.520 --> 27:25.840]  is listening to the voice of the people. I was like, well, isn't that unique? And so
[27:25.840 --> 27:30.720]  so I sat there and I read it and I handed him his phone back. Well, Bailiff, he comes
[27:30.720 --> 27:35.280]  walking past, he goes, is your phone on? And he said, well, yeah, he goes, well, I need
[27:35.280 --> 27:40.360]  you to turn it off. He goes, well, he goes, well, I would like to know if I can record
[27:40.360 --> 27:45.440]  the proceeding. And Bailiff says, oh, no, you can't record anything. And then he stopped
[27:45.440 --> 27:49.720]  in his tracks, dead in his tracks. He goes, wait a minute, hold on, let me go ask the
[27:49.720 --> 27:55.040]  judge. Well, he didn't make it no more around the corner. Judge has pretty good hearing.
[27:55.040 --> 28:00.920]  Let me tell you, as soon as he turned around that, that view, the judge, I can see her
[28:00.920 --> 28:05.280]  just shaking her head. No. And he turns right around and he goes, judge says, no, I look
[28:05.280 --> 28:12.280]  over at him and I said, look, man, just turn it off. And so he turns it off and Bailiff
[28:12.280 --> 28:16.680]  kind of walks off and does, does whatever he's doing. He goes, yeah, I was just kind
[28:16.680 --> 28:22.400]  of getting riled up. I said, look, man, I don't need no help getting nobody riled up.
[28:22.400 --> 28:29.120]  I could do just fine on my own. And, you know, now I'm starting to get a little bit agitated
[28:29.120 --> 28:37.120]  about it because, you know, I don't want anybody, you know, making the judge matter than they
[28:37.120 --> 28:44.600]  can already be. Well, during this whole time, before that even happened, it was about right
[28:44.600 --> 28:51.160]  before that, the judge told was called the bailiff up and she was sitting there kind
[28:51.160 --> 28:57.040]  of whispering to the bailiff and said, he needs to leave. Well, they're going to try
[28:57.040 --> 29:04.080]  to kick me out of the courtroom. And the bailiff comes over and he says, sorry, he goes, you're
[29:04.080 --> 29:09.800]  not supposed to be in here. You're not registered as the attorney on record. I said, I'm not
[29:09.800 --> 29:16.000]  an attorney. He goes, what's your name? I said, I'm Scott Richardson. He goes, ma'am, that
[29:16.000 --> 29:23.120]  is Scott Richardson. She goes, oh, oh, never mind. You can be here. I was like, yes, ma'am.
[29:23.120 --> 29:27.800]  And so they, you know, that kind of threw him for a loop because they thought I was this
[29:27.800 --> 29:34.360]  guy's attorney. I'm like, no, I'm the one here with the case. And so after all that
[29:34.360 --> 29:40.000]  happened, now, you know, the bailiff, he, well, there's the music. So we want to take
[29:40.000 --> 29:44.160]  this out real quick. Yeah. Okay. Hang on. This is Randy Kelton,
[29:44.160 --> 29:55.440]  we're on the radio on this Friday, the 20th of October, 2017. A call in numbers 512-646-1984.
[29:55.440 --> 29:56.800]  We'll be right back.
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[33:05.360 --> 33:18.680]  You're listening to the Logos Radio Network at LogosRadioNetwork.com Okay we are back,
[33:18.680 --> 33:25.000]  Randy Kelton, rule of law radio and we're talking to Scott in Texas and we were right
[33:25.000 --> 33:29.080]  at the point where Scott was not being ejected from the courtroom.
[33:29.080 --> 33:36.200]  Right so the judge said they found out that I'm really Scott Richards then and the judge
[33:36.200 --> 33:42.840]  says oh you have ever right to be here and I was like yes ma'am and so now they're going
[33:42.840 --> 33:47.520]  through the rest of these little cases of these other people that they got and they're
[33:47.520 --> 33:51.720]  calling them up and they're getting them out of there pretty quick because they're wanting
[33:51.720 --> 33:56.880]  to clean the courtroom out so nobody can hear what's fixed to go on. Well and you know
[33:56.880 --> 34:01.000]  and Tim he was kind of starting to talk and get a little louder and stuff and I just look
[34:01.000 --> 34:07.240]  over at him and say shh no more you know and so he quit talking and that's exactly what
[34:07.240 --> 34:12.280]  I want because I actually want to hear what's going on too you know. Well now there's a lot
[34:12.280 --> 34:16.720]  of people that are the doors are open and there are some people trying to come in for
[34:16.720 --> 34:22.760]  I guess the two o'clock session and the judge is steadily telling the bailiff to go out
[34:22.760 --> 34:27.560]  there and tell them people not to come in this courtroom they need to go sit out there
[34:27.560 --> 34:34.840]  in the hallway and wait and as she sent the bailiff out she's just kind of shaking her
[34:34.840 --> 34:41.520]  head and going back and forth and now all of a sudden her whole attitude starts to change
[34:41.520 --> 34:47.120]  and she starts getting real friendly and starts joking and starts making a couple of comments
[34:47.120 --> 34:52.720]  and I actually start making a couple of comments back we're actually bantering back and forth
[34:52.720 --> 35:00.320]  a little bit now so they got the last one out there and she and then she goes Mr. Richardson
[35:00.320 --> 35:05.640]  would you approach the bench yes ma'am well I grabbed my folder because I'd already submitted
[35:05.640 --> 35:11.120]  all those motions and stuff too off the traffic ticket website there's a good hundred something
[35:11.120 --> 35:17.400]  pages in the in that folder and the whole time she was sitting there waiting for to
[35:17.400 --> 35:22.440]  get them out you could tell she was looking at the folder and she would open it up and
[35:22.440 --> 35:27.560]  her kind of her face would just kind of squinch up a little bit she's like oh man what is
[35:27.560 --> 35:34.160]  all this well anyhow so she calls me on up there here comes the prosecutor Mr. Randall
[35:34.160 --> 35:42.080]  really kind of a nice guy and so she told me she goes Mr. Richardson if you don't have
[35:42.080 --> 35:50.600]  any objection I need to reset this on the court's behalf you have so many motions stuck
[35:50.600 --> 35:56.920]  off in here there is no way I can sit here and go through all this stuff at this time
[35:56.920 --> 36:02.680]  and my schedule is just really busy I got a trial and I got a bunch of these people that
[36:02.680 --> 36:07.680]  are out there in the hallway they've got me kind of loaded up on this stuff if you don't
[36:07.680 --> 36:14.200]  mind I would like to reset I was like yes ma'am I fully understand I don't have a problem
[36:14.200 --> 36:21.680]  with that at all she goes well I she goes that's really nice she was being super nice
[36:21.680 --> 36:27.840]  and being very respectful and so I was returning all the same amount of respect and everything
[36:27.840 --> 36:35.920]  right back it's like yes ma'am I understand and yes I'm fully I'll be happy to reset
[36:35.920 --> 36:41.240]  this and so she looks over and she's about to try to get some kind of court date she's
[36:41.240 --> 36:46.440]  like well what can we do on the next court date and I said ma'am excuse me she goes yes
[36:46.440 --> 36:55.600]  sir and I said I have to my schedule is all the way full till December 5th because I deal
[36:55.600 --> 37:00.000]  with Medicare and I had to book my schedule about two months ago and it's all regulated
[37:00.000 --> 37:04.720]  by the government and I can't miss these days and I wouldn't want it to interfere with your
[37:04.720 --> 37:11.640]  court date or anything because there's just no way I could miss this miss those scheduled
[37:11.640 --> 37:18.240]  event she goes oh well since you've been so courteous and so nice to me I don't have a
[37:18.240 --> 37:23.440]  problem with it she normally we won't say anything out that far but I'm going to make
[37:23.440 --> 37:31.280]  an exception in your case she calls the court the court ministers goes what do we have after
[37:31.280 --> 37:37.040]  December 5th he goes how about December 7th and she goes would December 7th be okay I
[37:37.040 --> 37:42.800]  was like yes ma'am December 7th be just fine with me I say that the prosecutor has no objections
[37:42.800 --> 37:48.040]  I look right over at the prosecutor he said oh no I have no problems with that at all
[37:48.040 --> 37:56.280]  and I was like thank you Mr. Randall and called him by name and so anyhow she was like yes
[37:56.280 --> 38:01.560]  Mr. Richardson that'll be just fine now I just want to let you know that I'm just going
[38:01.560 --> 38:06.840]  to give you 15 minutes on your side and 15 minutes for the prosecutor's side to make
[38:06.840 --> 38:11.000]  your case because there's just so much stuff in here there's we could go over this for
[38:11.000 --> 38:18.360]  a long time I said I understand ma'am I said 15 minutes will be fine for me and I'll be
[38:18.360 --> 38:22.680]  just fine with all that she goes well on this one we're going to have to make it a little
[38:22.680 --> 38:29.160]  bit early so would 1230 be okay I think this man that sounds just fine to me 1230 it is
[38:29.160 --> 38:34.160]  she goes okay well if you don't mind just sit down and he's going to get the paperwork
[38:34.160 --> 38:40.040]  all put together I was like okay so I turn around go sit down and I'm not saying nothing
[38:40.040 --> 38:44.960]  to him and we're you know just being real quiet and everything and they're getting ready to
[38:44.960 --> 38:50.680]  call this other case up well this guy's kind of taken a little bit of time so I stood up
[38:50.680 --> 38:54.760]  and she knows that I'm wanting to get this paperwork and I can get out of her hair so
[38:54.760 --> 39:00.200]  they can go on and give somebody else the traditional railroad and so she saw me stand
[39:00.200 --> 39:05.400]  up and she just waved to me she was come on up here to the bench and just go walk on over
[39:05.400 --> 39:10.440]  and you just wait I was like yes ma'am so I walk over there walk behind there for body
[39:10.440 --> 39:15.000]  I'm sitting there at this guy's little desk there just waiting on him to print this stuff
[39:15.000 --> 39:21.720]  off and he's asking me do you have the original copy of the citation I was like no I really
[39:21.720 --> 39:25.880]  don't he goes let me get you some copies of that and hang on I'm getting these printed
[39:25.880 --> 39:31.320]  off and oh they were super nice as soon as he gave me that stuff I turned around and
[39:31.320 --> 39:37.480]  hot-tailed it right on out of there and in and out and ten minutes flat which you know
[39:37.480 --> 39:43.240]  other than waiting on those people to to get out of the way once he got up to me I was
[39:43.240 --> 39:48.120]  gone in ten minutes I mean that's waiting on them to print that stuff off we walked on
[39:48.120 --> 39:52.920]  out of there I told him I said well that was easy well it's about after all I appreciate
[39:52.920 --> 39:57.800]  you coming you know and you know and I did I really do appreciate him showing up because
[39:57.800 --> 40:05.160]  everybody should have somebody go to court with him for the mere fact that as a court
[40:05.160 --> 40:11.480]  watcher you get to put a little bit more pressure on the judge prosecutor may not be too worried
[40:11.480 --> 40:17.240]  about it but the judge he's going to be a little bit more concerned or she because
[40:17.240 --> 40:23.960]  they just don't know what that person sitting back there might know and it could make a bigger
[40:23.960 --> 40:28.760]  impact than what you think so and everybody should know how to be able to follow judicial
[40:28.760 --> 40:34.600]  conducts and stuff like that if they see a judge go off the rails and I've had him go off the rails
[40:34.600 --> 40:42.760]  but as of late as well here in garland I can say they have been exceptionally nice and respectful
[40:42.760 --> 40:50.600]  to me as of late but they might have okay okay hold on you need to explain to everybody why
[40:52.440 --> 41:00.200]  why what what happened the day after they wrote you the ticket oh well the day that he wrote me
[41:00.200 --> 41:06.120]  the ticket he wrote me a ticket 730 that morning and by 11 o'clock that that same morning they
[41:06.120 --> 41:11.880]  already had a key closed dropped off in their box against the cop well the next morning I went right
[41:11.880 --> 41:17.880]  back over there and filed another key closed on that cop and the chief of police and it was just
[41:17.880 --> 41:23.720]  ironic because when I was leaving the police station that morning by eight o'clock in the morning
[41:23.720 --> 41:29.240]  I kelled up to the stop stop or to the stoplight and directly across the street was that same cop
[41:29.240 --> 41:34.760]  that I just key closed the day before he's looking at me I'm looking at him I'm wondering well I wonder
[41:34.760 --> 41:39.960]  if he's going to pull me over again well he shot right past me and went straight to the police station
[41:39.960 --> 41:45.800]  wondering what the heck am I doing there well he found out I just dropped off round two a key
[41:45.800 --> 41:53.400]  closed and then following Monday oh it's when I filed a civil case on him so and then I key closed
[41:53.400 --> 42:01.160]  him one more time again too because they always get three from me just for love so so they had a
[42:01.160 --> 42:07.960]  real good reason to be nice when you also had a tort letter to the mayor well and that's funny too
[42:07.960 --> 42:15.240]  because when I went to I already filed the civil case on him and they already knew that it was
[42:15.240 --> 42:21.720]  coming and so when I went over to go drop the tort letter off to the mayor about three days later
[42:21.720 --> 42:28.440]  well that the secretary for the mayor she come back down for the second time because I forgot to
[42:28.440 --> 42:33.560]  sign it and I signed it she goes well I was just fixing to take this over to the prosecutor's office
[42:33.560 --> 42:39.560]  I said oh well they ought to enjoy that that might be a pretty good read she goes well I reckon so
[42:39.560 --> 42:45.560]  well soon as she went right over to the the prosecutor's office she's going to flop that
[42:45.560 --> 42:50.840]  down on her desk and say looky here do y'all have y'all seen anything like that they're going to go
[42:50.840 --> 42:57.160]  oh yeah we've already got our our notice that he's already filed that same suit on the cop
[42:57.160 --> 43:03.560]  and the chief of police and this is the same mayor that's just high-tailed it out he's he's
[43:03.560 --> 43:12.360]  residing so before the tort letter got cured so that's all that's happening they had a good
[43:12.360 --> 43:23.400]  reason to be nice to him and in listening to this we definitely need to get the lawsuit and
[43:24.200 --> 43:29.800]  the other documentation put together because it seems like it's always been that a lawsuit
[43:29.800 --> 43:36.120]  really gets their attention and we've had a number of people file these and the courts just
[43:36.120 --> 43:43.320]  blow them off I suspect if they already have a lawsuit in their hands their attitudes might change so
[43:43.320 --> 43:48.600]  one of my projects is to get a lawsuit put together and included in the documentation
[43:50.600 --> 43:56.280]  this would be fun hang on about to go to break randy helton brutal our radio we'll be right back
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[46:09.080 --> 46:25.640]  okay we are back randy kelton rule of radio and we're talking to scott in texas scott
[46:27.320 --> 46:30.920]  one thing i wanted to comment on is uh
[46:30.920 --> 46:40.360]  uh you are naturally wanting things to be easy and not get in a confrontation with the courts
[46:41.720 --> 46:47.960]  once you've done this kind of thing for a while this is what you're going to want to happen you're
[46:47.960 --> 46:53.720]  not going to want to argue with the judge or the prosecutor or the bailiff you're not going to
[46:53.720 --> 46:59.720]  want to have any of these altercations if you can avoid it because it becomes clear they always
[46:59.720 --> 47:08.120]  work out badly for you when you go in there and you're not upset and you're not excited and you're
[47:08.120 --> 47:15.400]  not what they would call agitated they're always wondering what does this guy know that i don't
[47:15.400 --> 47:21.480]  know and in scott's case this time he's already sued him he's filed you to
[47:21.480 --> 47:32.040]  uh t closed complaints against him he's hitting them hard and i'm sure that when they saw these
[47:32.040 --> 47:38.120]  they checked around and they found out what he's been doing to judges elsewhere the last thing
[47:38.120 --> 47:45.480]  this judge wanted was for you to start filing judicic under complaints against her if we can get
[47:45.480 --> 47:55.000]  them in this position then we can get them some experience treating people the way we expect to
[47:55.000 --> 48:02.280]  be treated in our courts that's exactly how i one of these hearings should come out where
[48:03.080 --> 48:10.120]  this is everybody's civil everybody's doing their job nobody's doing any extracurricular
[48:10.120 --> 48:16.120]  crapola so i did want y'all to hear that because i was real pleased when scott went through that
[48:16.120 --> 48:23.640]  with me this is exactly how he wanted to work and we'll confront them if we have to
[48:25.400 --> 48:33.480]  but only if we have to and and you're exactly right that is exactly what i was going to reiterate
[48:33.480 --> 48:40.520]  was how to go in there and to use the situation because there's a lot of times you'll have a
[48:40.520 --> 48:47.880]  judge get unruly with you and the whole reason they're doing that to get you agitated for a
[48:47.880 --> 48:53.800]  lack of better words more like they just want to make you so mad they get you off your game
[48:53.800 --> 48:59.560]  and then you start acting like an idiot so that they have a real reason to hold you in contempt
[48:59.560 --> 49:04.360]  of court because they're attempting to fabricate something on you you just aren't smart enough
[49:04.360 --> 49:11.800]  to realize what kind of game they're playing by you using the whole situation keeping it in a
[49:11.800 --> 49:20.600]  civil tone in a civil manner now that that gets them off their game and then they're liable to
[49:20.600 --> 49:25.800]  do something that's really stupid like a judge tell you to come up there and alter a government
[49:25.800 --> 49:34.760]  record or something and then you're able to file a case on him and have a legitimate real case and
[49:34.760 --> 49:40.040]  this is going to really wake up other judges thinking oh my gosh the last thing i want to do
[49:41.080 --> 49:47.320]  turn into a rave and idiot around this guy because he's going to hold your feet to the fire
[49:47.960 --> 49:54.440]  and you always you just don't want to go in there i always look at this way i want to keep
[49:54.440 --> 50:02.600]  in honor even if the judge is acting out of honor or dishonor i want to stay in honor at all time
[50:03.160 --> 50:11.080]  that way i look like i haven't lost my sanity gone off the rails and it forces them if if they're
[50:11.080 --> 50:16.280]  going to do that they're the ones that's going to go off the rails they're the ones that's going to
[50:16.280 --> 50:21.960]  make the best the bad decision they're the ones that's going to get him up not you you're just
[50:21.960 --> 50:32.120]  keeping the stability and all this and some judges are can't take that and and they lose control but
[50:32.120 --> 50:39.160]  it looks like some judges are starting to pay attention and they want to stay civil and in honor
[50:39.160 --> 50:46.440]  themselves so and it's good for us because they're going to start paying more attention to what we
[50:46.440 --> 50:51.640]  have to say because they know that we're not coming in there like some some crazy man off the
[50:51.640 --> 50:58.200]  street screaming some patriot mythology so we're coming in there with actual case law and the
[50:58.200 --> 51:05.640]  statute this is how i read i can't help it i just read it i didn't write the stuff so that's what i
[51:05.640 --> 51:13.960]  got i wanted to add to that yeah and when you're when they can't get you flustered they're always
[51:13.960 --> 51:22.360]  wondering what's this guy got up his sleeve and clearly when they looked at scott the one thing
[51:22.360 --> 51:28.440]  that's certainly impressed all of them was that this is definitely not his first rodeo
[51:30.280 --> 51:34.680]  and that's what happens when you when you keep your composure
[51:37.160 --> 51:42.520]  and there was one other thing that i lost while you were talking that i wanted to address on this
[51:42.520 --> 51:49.400]  but i'll i'll think of it in a minute you've seen all old ghost
[51:52.040 --> 51:59.240]  okay who who who was i talking to i can't remember i thought i got off the street
[52:00.920 --> 52:07.880]  anyway okay that's that's the main thing we want to we're coming in there
[52:07.880 --> 52:13.560]  set in the standard we're the masters of this whole outfit and we certainly don't want to
[52:13.560 --> 52:19.400]  be acting like a spoiled child we want to show them that we are the masters we're in control but
[52:19.400 --> 52:26.200]  we keep in self control and we're not going to let you get us flustered just because that's how
[52:26.200 --> 52:32.360]  you like to run your game on people we're not that same we're not the average joes anymore
[52:32.360 --> 52:39.080]  we are intellectual we're intelligent we're articulate we come in their sharp dress
[52:39.080 --> 52:42.840]  we got a point to make and we want them to pay attention
[52:46.040 --> 52:53.240]  and this if we if we can get you know a couple of people in every jurisdiction doing this
[52:54.440 --> 53:00.200]  will dramatically change how these judges do business because they certainly do not like
[53:00.200 --> 53:05.560]  someone coming at them that knows what they're doing and for the most part if you get a ticket
[53:06.680 --> 53:11.480]  you get these documents you don't you know the scott mentioned how we're articulate you don't
[53:11.480 --> 53:18.920]  have to be articulate you got everything's in the documentation and no what i was going to
[53:18.920 --> 53:24.440]  reference where if you listen to the show a lot you hear me talking about these rules that i have
[53:24.440 --> 53:34.920]  the rules that i have are structured so that if you follow the rules you'll conduct yourself
[53:34.920 --> 53:42.680]  just like scott did in this hearing never give legal advice don't threaten them don't tell them
[53:43.400 --> 53:48.440]  this is you know these are my rights and you're supposed to do this and you're supposed to no
[53:48.440 --> 53:56.680]  no no don't do that set them up which works better and when you don't tell them what your rights are
[53:57.800 --> 54:01.640]  when you don't tell them what they're doing wrong and what they how they should do things
[54:03.160 --> 54:07.960]  they they pull their crapola and it doesn't affect you at all
[54:09.960 --> 54:15.560]  then they're sitting there wondering what does this guy have up his sleeve
[54:15.560 --> 54:22.120]  nothing i'm doing is working the way i expected to and i've talked about pattern
[54:22.120 --> 54:30.280]  interruption before there's nothing more destabilizing for a human being than to be
[54:30.280 --> 54:38.120]  put in a position to where he has no behavior available to it when you start interrupting
[54:38.120 --> 54:46.040]  his expectations and start making his expectations come false now he doesn't know how to get control
[54:46.040 --> 54:56.600]  of the situation and when that happens they have to go back to tools they use in situations where
[54:56.600 --> 55:05.080]  they're not in control now all of a sudden they become submissive you become the dominant
[55:05.080 --> 55:14.040]  this really works okay well we've used up a whole we've wasted a whole hour with you scott
[55:15.080 --> 55:19.080]  i know it i'll get off the phone let you get some real important business
[55:20.440 --> 55:28.280]  okay thanks a lot scott yes sir you don't have a good weekend bye okay bye now we're
[55:28.280 --> 55:38.280]  going to go to mark in wisconsin hello hello mark hello mr kelton how are you on this fine
[55:38.280 --> 55:46.680]  friday evening i am good i didn't get it go to jail it's everything scott didn't get beat up and
[55:46.680 --> 55:53.400]  thrown in jail i didn't have to bail him out things are going good what what have you been up to
[55:53.400 --> 56:01.560]  lately well um i guess i'm going to be riffing off two things that you've said this evening
[56:01.560 --> 56:08.520]  notably hey let's file criminal charges against judges i got two separate judges where i'm thinking
[56:08.520 --> 56:17.240]  that this is the way to go and a previous thing from 2016 you were talking about subject
[56:17.240 --> 56:23.640]  manager's diction and you the quote from you was only time you can sue the judge but i kind of need
[56:23.640 --> 56:29.560]  to be able to determine that the judge had a ministerial duty and then i could sue the judge
[56:31.480 --> 56:36.840]  but also tonight you mentioned the tell the attorney to write up the order so we're going to
[56:36.840 --> 56:46.840]  be touching on that with my particular set the issues you're ready i'm ready all right on the
[56:47.560 --> 56:54.280]  we'll go with the simpler one here had a judge who went ahead and tossed the case versus a law firm
[56:55.080 --> 57:02.040]  and my paperwork was crap my new was crap and they got called on it judge told the attorney
[57:02.040 --> 57:07.960]  right up an order that attorney had the order in a couple of days and then it sat
[57:08.840 --> 57:14.760]  it sat for more than five days it sat long enough so the statute of limitations would run
[57:15.480 --> 57:25.400]  on like one claim and then the next day after it ran they signed the order now what's interesting
[57:25.400 --> 57:34.840]  is wisconsin has a five-day rule that orders are supposed to sit for five days is that a ministerial
[57:34.840 --> 57:42.920]  duty on signing the order or do i just go ahead and make the claim and get it shot down that's a
[57:42.920 --> 57:50.520]  that's an administrative duty well all right so administrative duties as i remember that is
[57:50.520 --> 57:58.440]  something you can see the judge on yes here comes the music all right okay then i hope that
[57:58.440 --> 58:06.840]  judge is here the music okay this is randy helton rule of all radio our call in number
[58:06.840 --> 58:12.840]  five one two six four six nineteen eighty four we keep the the call in lines open all night
[58:12.840 --> 58:20.280]  so be taking your questions or comments we take questions almost anything legal we don't
[58:20.280 --> 58:26.920]  do politics here if we can avoid it and we certainly don't do patriot mythology if we can
[58:26.920 --> 58:36.760]  avoid it but we do try to provide real remedy that ordinary people can can use in court and we're
[58:38.360 --> 58:45.640]  sharpening our skills so as to make it easier for you if you use some of our tools hang on we'll be
[58:45.640 --> 58:55.480]  right back would you like to make more definite progress in your walk with god bibles for america
[58:55.480 --> 59:01.240]  is offering a free study bible and a set of free christian books that can really help the new
[59:01.240 --> 59:06.280]  testament recovery version is one of the most comprehensive study bibles available today it's
[59:06.280 --> 59:11.560]  an accurate translation and it contains thousands of footnotes that will help you to know god and to
[59:11.560 --> 59:17.240]  know the meaning of life the free books are a three volume set called basic elements of the
[59:17.240 --> 59:23.080]  christian life chapter by chapter basic elements of the christian life clearly presents god's plan
[59:23.080 --> 59:29.560]  of salvation growing in christ and how to build up the church to order your free new testament
[59:29.560 --> 59:36.920]  recovery version and basic elements of the christian life call bibles for america toll free at eight
[59:36.920 --> 59:45.080]  eight eight five five one zero one zero two that's eight eight eight five five one zero one zero two
[59:45.080 --> 59:54.920]  or visit us online at bfa.org live free speech radio logos radio network dot com
[59:54.920 --> 01:00:04.360]  the following these flashes brought g by the lone star lowdown
[01:00:05.880 --> 01:00:11.960]  markets for friday the 13th of october closed with gold at $1,303 and 82 cents an ounce silver
[01:00:11.960 --> 01:00:18.280]  $70 and 41 cents an ounce texas crude $50 and 60 cents of barrel bitcoin is way up sitting at about
[01:00:18.280 --> 01:00:32.840]  $5,612 u.s currency and dash coin is about 310 smackaroos today in history the year 1307
[01:00:32.840 --> 01:00:38.760]  hundreds nights templar in france were simultaneously arrested by agents of king philip the fourth who
[01:00:38.760 --> 01:00:43.800]  ordered gang master chuck is dem away in his score of french templars to be rounded up for the
[01:00:43.800 --> 01:00:49.560]  accusation of satanism financial corruption idolatry sexual deviancy amongst the list of many
[01:00:49.560 --> 01:00:54.680]  accusations it is this arrest which eventually led to the group's extermination this is thought to be
[01:00:54.680 --> 01:01:05.240]  by many the origin of the first friday the 13th today in history in recent news spain's deputy
[01:01:05.240 --> 01:01:10.440]  prime minister sorolla signs de santa maria laid the responsibility of spain's economic uncertainty
[01:01:10.440 --> 01:01:16.600]  and low expected economic growth on catalan president carles pojmont stating quote in fact
[01:01:16.600 --> 01:01:21.000]  that there were no quick solutions to this issue we should be forced to lower expectations of
[01:01:21.000 --> 01:01:26.440]  economic growth for the year 2018 the issue of course was went on tuesday of this week pojmont
[01:01:26.440 --> 01:01:30.840]  told regional lawmakers in a speech that catalonia was proceeding with the declaration of independence
[01:01:30.840 --> 01:01:35.400]  from spain according to the mandate provided by the controversial gun violent referendum
[01:01:35.400 --> 01:01:39.640]  for independence held on the first of october the central government has provided an ultimatum
[01:01:39.640 --> 01:01:44.920]  to pojmont following line with spain's laws by october 19th or potentially lose catalonia's
[01:01:44.920 --> 01:01:49.880]  autonomy he has until monday to respond according to the spanish law this sort of referendum is
[01:01:49.880 --> 01:01:54.440]  deemed illegal and unconstitutional this is why the spanish government is considering the results
[01:01:54.440 --> 01:02:00.120]  as irrelevant prime minister mariano rajoy is urging pojmont to return to legality and to take
[01:02:00.120 --> 01:02:04.760]  independence off the table rajoy has also indicated that the spanish government doesn't need international
[01:02:04.760 --> 01:02:09.640]  mediators to get entangled in the situation the anti-capitalist syndicalist separatist
[01:02:09.640 --> 01:02:16.120]  catalan party the c up the popular unity candidacy said any letter dated friday that pojmont should
[01:02:16.120 --> 01:02:20.440]  ignore the spanish government and declare independence anyway the catalan national assembly
[01:02:20.440 --> 01:02:25.720]  or a n c a civil society group that coordinated the massive protests in support of secession
[01:02:25.720 --> 01:02:30.120]  also issued a brief statement it doesn't make sense to keep the suspension of the independence
[01:02:30.120 --> 01:02:35.160]  declaration prime minister rajoy stated that if pojmont were to declare independence maybe he
[01:02:35.160 --> 01:02:40.120]  would have three days to cancel any secession plans if catalonia were to then to refuse or not
[01:02:40.120 --> 01:02:45.640]  respond rajoy has put direct military intervention on the table by stating that spain has the
[01:02:45.640 --> 01:02:50.040]  constitutional article which could be enacted for the first time that would grant central government
[01:02:50.040 --> 01:02:58.520]  that power this was brick roadie with your lowdown for october 13 2017
[01:03:05.160 --> 01:03:08.680]  it's all according to the well i'll be on my team
[01:03:11.880 --> 01:03:16.520]  i read his book and it says the cares done for the unsightly
[01:03:16.520 --> 01:03:25.960]  okay we are back randy kelton rule of law radio and we're talking to mark in wisconsin okay mark
[01:03:27.560 --> 01:03:34.200]  all right so we got the one uh judge saving attorneys thing cancelled now we'll go to the
[01:03:35.000 --> 01:03:44.520]  bigger one or the the other issue uh judge we had a hearing the judge went ahead and had lots of
[01:03:44.520 --> 01:03:51.000]  emotions filed judge gave us 30 minutes maybe 25 reviews then said well that's all the time we've
[01:03:51.000 --> 01:03:58.280]  got uh everything else we're just um we're we're i'm i'm ignoring them i'm they're going to be
[01:03:58.280 --> 01:04:07.320]  dismissed and rejected so you attorney you write up the order attorney oh yes sir what's been two
[01:04:07.320 --> 01:04:17.160]  weeks no order has been forthcoming so how do i now go ahead and touch the attorney and the judge
[01:04:17.160 --> 01:04:23.320]  on the shoulder to say exactly what you said of hey this order taken so long because you're ripping
[01:04:23.320 --> 01:04:31.320]  me to shreds so i'm better for the appeal but i write a letter like that and put it right in their
[01:04:31.320 --> 01:04:39.640]  face or what tactics should i use you mentioned earlier that the judge had an administrative
[01:04:39.640 --> 01:04:48.200]  duty to give you an order within five days there is a no what it is is the five-day rule
[01:04:48.200 --> 01:04:56.440]  once an order hits as far as i read it now maybe there is a duty within five days also
[01:04:56.440 --> 01:05:02.600]  but the way i read it is there's a five-day rule to look over an order before it gets approved
[01:05:03.160 --> 01:05:10.520]  there doesn't seem to be a rule that says you got to turn this around quick and i mean you are
[01:05:10.520 --> 01:05:20.600]  right now having this um public uh a prosecutor with an order is i'm assuming that your jurisdiction
[01:05:20.600 --> 01:05:26.920]  has a similar five-day order so are you is it been more than five days for your ripping to shreds
[01:05:26.920 --> 01:05:34.600]  or what's happening oh they didn't uh i wasn't convicted they the judge didn't rule against me
[01:05:34.600 --> 01:05:42.440]  on anything he set a hearing date for the motions that i have before the court okay so i'm good
[01:05:42.440 --> 01:05:52.360]  but uh you can certainly bar grieve the the lawyer and judicial conduct point the judge
[01:05:52.360 --> 01:05:58.360]  but i don't hear anything in there that i could call official misconduct
[01:05:59.960 --> 01:06:09.560]  not yet not on that one however what i do have is now having listened to um dr graves and you
[01:06:09.560 --> 01:06:18.360]  and eddie and debora over the from 2008 forward nearly 10 years which you guys have been doing
[01:06:18.360 --> 01:06:25.320]  this as a collective one of the things that i learned is hey you have affirmative defenses
[01:06:25.320 --> 01:06:30.680]  per statute depending on what section of the statute you're in so if it's criminal one of
[01:06:30.680 --> 01:06:39.400]  your affirmative defenses i was drunk off my gourd um in the civil they have seven or eight
[01:06:39.400 --> 01:06:47.160]  affirmative defenses and under the wisconsin consumer act which is the where this particular
[01:06:48.440 --> 01:06:57.320]  trial or legal matter is in there's another set of affirmative defenses i wrote up a answer
[01:06:57.320 --> 01:07:05.080]  encounter claim and in my counterclaim i went ahead and called out the wisconsin state constitutions
[01:07:05.080 --> 01:07:12.360]  and i had a constitutional right to some things and dropped that on the floor the judge converted
[01:07:12.360 --> 01:07:21.320]  the counterclaim into an affirmative defense and of course in wisconsin civil cases there is no
[01:07:21.320 --> 01:07:32.360]  affirmative affirmative defense listed in statute of the constitution so i'm looking at going after
[01:07:32.360 --> 01:07:39.400]  the judge um and i have to re-listen some of your old shows to get the 42 us 18 whatever it was
[01:07:40.840 --> 01:07:50.040]  for the federal complaint to say hey judge you took something that was arguable and converted it
[01:07:50.040 --> 01:07:57.160]  into a non arguable paperwork you can't do that that steps on my procedural rights
[01:08:03.320 --> 01:08:12.360]  okay i'm thinking am i am i missing am i missing something there the judge is adjudicating from
[01:08:12.360 --> 01:08:21.640]  the bench okay and he's it has the effect of denying you in your right to petition the court
[01:08:21.640 --> 01:08:31.080]  to redress it grievance okay good good that i can also hit on the wisconsin claim and um good i like
[01:08:31.080 --> 01:08:40.120]  that all right um the other thing that was noted is part of why this judge was doing it and this is
[01:08:40.120 --> 01:08:46.840]  something for people to pay attention to the attorney was complaining that he didn't want
[01:08:46.840 --> 01:08:55.880]  counterclaims because that affected his insurance he actually complained about that
[01:08:57.800 --> 01:09:05.800]  yes in addition to other things now i've asked for ordering the transcript and that that ask is now
[01:09:05.800 --> 01:09:13.560]  three days old i haven't heard from anybody on monday i'm going to dress up uh and play dress
[01:09:13.560 --> 01:09:19.560]  up and go down and drop off paperwork at the courthouse in various locations like some little um
[01:09:23.720 --> 01:09:30.120]  yeah now just go ahead and drop off paperwork and wander from room to room spreading my joy
[01:09:30.120 --> 01:09:36.040]  okay wait a minute wait a minute you you got my spidey sense up and working
[01:09:37.880 --> 01:09:46.840]  okay counterclaiming affects and affects my insurance let's go back to that yeah that is a
[01:09:46.840 --> 01:09:53.880]  interesting statement there's not much more to go on other than the counterclaiming affects my
[01:09:53.880 --> 01:10:00.040]  affects my insurance i i suppose i get to ask for copies of his contract now that he opened the door
[01:10:01.880 --> 01:10:06.600]  okay is this a prosecutor or just this is a isn't this a debt collecting
[01:10:08.120 --> 01:10:15.400]  this the question okay question i have is the counterclaim against the lawyer himself or
[01:10:15.400 --> 01:10:26.440]  against the lawyer's client it would be against the lawyer's client so how does that affect his
[01:10:26.440 --> 01:10:35.400]  insurance now you've got my attention we may have found another hole in their armor a cheek in their
[01:10:35.400 --> 01:10:46.120]  armor well remember the relationship here is they presented to the court oh totally totally
[01:10:46.120 --> 01:10:54.040]  these credit card company is our our client he's our customer and we're just the lawyers
[01:10:54.040 --> 01:11:01.240]  representing our client slash customer credit card company now i happen to think that they are they
[01:11:01.240 --> 01:11:08.680]  they're a classic debt collector and they bought a bunch of names and numbers and then as the case
[01:11:08.680 --> 01:11:15.720]  rolls forward they have to actually spend money to buy more information from the credit card company
[01:11:15.720 --> 01:11:22.840]  to to try and collect the money so they've effect i believe that they've lied to the court that
[01:11:22.840 --> 01:11:34.120]  they're representing they're actually pros say they're representing themselves effectively however
[01:11:34.120 --> 01:11:40.920]  they even went ahead and said nope this is what we're doing and i have no documentation to disprove
[01:11:40.920 --> 01:11:47.000]  them so i've had to abandon that rabbit hole and rabbit trail but one of the other things the
[01:11:47.000 --> 01:11:55.800]  attorney said is we're ordering documents still uh ordering documents ordering is an insurance
[01:11:55.800 --> 01:12:07.400]  whoa whoa whoa what does that mean ordering what documents from who well he made it sound
[01:12:07.400 --> 01:12:12.680]  like he was ordering documents from the credit card company but it just so happens one of my
[01:12:12.680 --> 01:12:19.720]  little birdies it used to be a an attorney who used to be a debt collector and now works for
[01:12:20.680 --> 01:12:32.840]  one of the states as a staffer in the state bar none not wisconsin different state and via that
[01:12:32.840 --> 01:12:39.720]  person i've been told this is how debt collection works and this is the kind of paperwork and
[01:12:39.720 --> 01:12:45.640]  everything else that needs to be done etc etc and i've been told this is how they buy the debt and
[01:12:45.640 --> 01:12:53.560]  given a rundown so the ordering paperwork makes sense in the model of the debt collector where
[01:12:54.280 --> 01:13:02.840]  they pay a small amount of money for the debt uh then they pay the the card company more money
[01:13:02.840 --> 01:13:12.120]  as they want to get documentation now here's an additional twist in 2008 after the giant credit
[01:13:12.120 --> 01:13:19.720]  kerfuffle nationally congress created the consumer per financial protection bureau you can go on a
[01:13:19.720 --> 01:13:27.400]  website and submit a complaint well i did that the credit card company is now sending me more
[01:13:27.400 --> 01:13:34.120]  documentation than the attorney allegedly representing the credit card company has in
[01:13:34.120 --> 01:13:41.560]  discovery so i'm getting fuller and better documentation because the fed stepped in now
[01:13:41.560 --> 01:13:49.240]  the attorneys also in an affidavit said we have true accurate and complete records
[01:13:50.600 --> 01:13:55.480]  now i called them out on that and i said judge you should throw this affidavit up
[01:13:55.480 --> 01:14:00.440]  and you should go ahead and throw these attorneys off this case wait wait hold on maybe you don't
[01:14:00.440 --> 01:14:09.240]  want to throw that affidavit out oh no he did he he opened he opened the door
[01:14:12.440 --> 01:14:18.120]  i'm ordering documents he opened the door to ordering documents okay
[01:14:18.120 --> 01:14:23.960]  hey you came into this suit and you claim you have
[01:14:25.160 --> 01:14:32.200]  the documentation from whom are you ordering these documents and what documents are you
[01:14:32.200 --> 01:14:39.720]  ordering that you don't already have right how how dare you start a lawsuit without all the
[01:14:39.720 --> 01:14:51.400]  documentation you dirty rasky scoundrel exactly i got that and on that one the law firm in their
[01:14:52.040 --> 01:15:01.080]  stationed out of minnesota the law firm does other stuff like divorce all that my plan is to
[01:15:01.080 --> 01:15:10.600]  bar grieve every other attorney that they're not monitoring this attorney and i'm not planning
[01:15:10.600 --> 01:15:18.280]  a murder okay in in wisconsin do all attorneys in a law firm have a duty to monitor the other
[01:15:18.840 --> 01:15:26.280]  attorneys or do only the partners or supervisors in the law firm have that duty
[01:15:26.280 --> 01:15:33.800]  well there's two duties two sets of duties first duty is yes the partners and superiors
[01:15:33.800 --> 01:15:40.760]  are to monitor the inferior however i don't know the power relationship so everybody
[01:15:40.760 --> 01:15:45.160]  needs to be perfect for the purpose of the market let let god sort them out
[01:15:46.360 --> 01:15:52.440]  let god sort it out that's why you guys do investigations by god then you sorted out you
[01:15:52.440 --> 01:16:00.760]  do your investigations and god speak to you the second part is attorneys do have an obligation
[01:16:00.760 --> 01:16:09.160]  to report bad conduct of fellow attorneys and judges and so under both of those clauses
[01:16:09.160 --> 01:16:15.880]  i'm going to hit them and you know okay fine you guys want to play well i'm your huckleberry
[01:16:15.880 --> 01:16:23.480]  okay i got no problem with that so the but yes i do like the opening the door on the
[01:16:23.480 --> 01:16:30.760]  documentation um if anything this should make for an interesting later on federal suit
[01:16:31.720 --> 01:16:36.120]  and the other reason i'm ordering the transcript is because we have music coming
[01:16:36.840 --> 01:16:44.600]  and exactly we've got to go for it okay this is randy helton rule of law radio our call in number
[01:16:44.600 --> 01:16:48.920]  five one two six four six nineteen eighty four we'll be right back
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[01:19:06.360 --> 01:19:23.080]  okay we are back randy kelton rule of law radio we're talking to mark in wisconsin
[01:19:23.080 --> 01:19:32.760]  okay mark what else do you have for us well um so he's opened the door i'm hoping to get the
[01:19:32.760 --> 01:19:39.080]  transcript of course the judge also stated that they do things loose in small claims court which
[01:19:39.080 --> 01:19:44.360]  i'm not a hundred percent sure what loose is but i guess i'll ask for a more definitive statement
[01:19:44.360 --> 01:19:50.680]  once i have the transcript because you know i want to make sure i my memory is correct of the events
[01:19:50.680 --> 01:19:58.680]  that occurred um now the other thing is you've mentioned hey why don't you go ahead and ask
[01:19:58.680 --> 01:20:05.320]  these guys for financial statements and one of the things in looking into that i noticed that
[01:20:06.520 --> 01:20:13.720]  municipal judges are listed as public officials and wisconsin has public official law yeah they're
[01:20:13.720 --> 01:20:19.000]  supposed to turn over paperwork if they don't there's a fine now as i understand the judicial
[01:20:19.000 --> 01:20:25.240]  pecking order you got your supreme's your appellate your judge your municipal judge and your court
[01:20:25.240 --> 01:20:32.360]  commissioners are at the bottom of the pecking order am i got that about right they're the inferior
[01:20:32.360 --> 01:20:41.800]  courts yes they're officially their cannon fodder well isn't that going to be interesting if i go
[01:20:41.800 --> 01:20:49.960]  ahead and start uh asking for the finances financials of the cannon fodder oh they are
[01:20:49.960 --> 01:20:55.880]  not going to be happy campers no i don't think they will i don't think they will
[01:20:57.960 --> 01:21:06.600]  let's see so the counterclaim just looking over my notes here um yeah i'm i'm interested in
[01:21:06.600 --> 01:21:14.600]  learning more about exactly what the documents they're ordering because it was his half of
[01:21:14.600 --> 01:21:24.120]  david being true accurate and correct um why if i got better documentation than he's got via the
[01:21:24.120 --> 01:21:32.600]  federal government i this i this i don't understand but maybe he can explain it to the court and myself
[01:21:33.880 --> 01:21:36.760]  yeah especially since he's the one that opened that door
[01:21:36.760 --> 01:21:43.400]  um and then why did he mention that to the court anyway
[01:21:46.360 --> 01:21:57.320]  i don't know um perhaps he felt that this was helpful i mean what's interesting in his
[01:21:57.320 --> 01:22:04.440]  in my answer and counterclaim i went ahead and cited no case law because realistically
[01:22:04.440 --> 01:22:10.360]  didn't have any case in the one issue there hasn't been case law since 1955 and they rewrote the
[01:22:10.360 --> 01:22:19.000]  statute okay fine so i just threw out the statute in his response he went this guy cited no statute
[01:22:19.000 --> 01:22:26.680]  or this guy's kind of no case law you should throw it out judge well time the day he wrote that is
[01:22:26.680 --> 01:22:32.600]  the same day the supreme's came out with actual case law on point and the supreme said it's written
[01:22:32.600 --> 01:22:39.080]  down and here we can find in the proceedings this is what they meant so this is the case
[01:22:40.040 --> 01:22:48.360]  i cited that i put it in as a brief and the judge you know went ahead and asked the attorney hey
[01:22:48.360 --> 01:22:52.440]  what's the deal and the attorney went well we're we're not responsible for that we don't have to
[01:22:52.440 --> 01:22:57.400]  be a registered corporation and judge went okay wait a sec wait a sec wait a sec your folks
[01:22:57.400 --> 01:23:06.040]  when i didn't cite case law i was supposed to get my knuckles wrapped but here this guy
[01:23:06.040 --> 01:23:15.960]  didn't cite case law i did and the judge sides with him uh i'm not sure that that's actionable
[01:23:15.960 --> 01:23:22.280]  other than a judicial conduct complaint that they'll throw out but i'm certainly scratching my head
[01:23:22.280 --> 01:23:30.600]  and going how is it that you know case law is supposed to bind us all and he just threw out
[01:23:30.600 --> 01:23:41.960]  verbally no case law and got accepted whereas i had case law to the judging demonstrated bias
[01:23:43.880 --> 01:23:49.800]  well the judge has demonstrated bias once before attorney doesn't show up for a hearing
[01:23:49.800 --> 01:23:53.720]  motion hearing and the judge went ahead and said ah we're going to have another different
[01:23:53.720 --> 01:23:57.000]  hearing you've got to go through extra expense mailing that guy
[01:23:59.960 --> 01:24:08.520]  because he didn't show up yep and every time i've been in small claims and sat as a court
[01:24:08.520 --> 01:24:14.840]  watcher i've watched people not show up and the judge is like hey look how fast i can bounce this
[01:24:14.840 --> 01:24:25.720]  thing to somebody didn't show and it's gone so yeah bias now that would that would make a nice
[01:24:25.720 --> 01:24:31.640]  judicial conduct complaint yeah failure to form a duty he's required before him you had a right
[01:24:31.640 --> 01:24:45.240]  to dismissal yep what else oh a violation of local rules milwaukee county's got so many local rules
[01:24:45.240 --> 01:24:57.640]  there's 90 plus pages local rule number 634 says attorneys are supposed to file a um notice or not
[01:24:57.640 --> 01:25:07.400]  a notice of appearance but a um basically notice a retainer notice a retainer not a one of these
[01:25:07.400 --> 01:25:14.600]  things has a notice of retainer any of these attorneys so is that a just a straight up bar
[01:25:14.600 --> 01:25:29.560]  grievance or do i take that to the chief judge i'm not sure how the local rules bind what is the
[01:25:29.560 --> 01:25:37.960]  remedy for violation of a local rule is it going to be specific to the rule or is there some general
[01:25:37.960 --> 01:25:47.640]  remedy well the general remedy is you didn't file a um uh notice of retainer the general remedy would
[01:25:47.640 --> 01:25:58.840]  be filed with notice of retainer so if okay what is the purpose notice of retainer what does that
[01:25:58.840 --> 01:26:04.520]  mean you know i think i know what it means the the lawyer takes on a client and he gets a retainer
[01:26:04.520 --> 01:26:14.120]  but if these are debt collectors then he doesn't have a retainer so how would that even be any
[01:26:14.120 --> 01:26:22.600]  business of the court whether the lawyer received a retainer or not unless retainer means something
[01:26:22.600 --> 01:26:30.280]  else well and here's the thing it's a local rule but the nice part about this is the guy's pretending
[01:26:30.280 --> 01:26:39.640]  to be or is claiming that he is the attorney of the credit card company so there would be a retainer
[01:26:39.640 --> 01:26:45.400]  because it is a traditional client relationship now maybe i can use it as a wedge to say you
[01:26:45.400 --> 01:26:54.200]  will produce that contract yeah so he's held himself out as counsel representing a client
[01:26:54.200 --> 01:27:01.800]  then if the rules require that he show evidence of a retainer for the client it sounds like a
[01:27:01.800 --> 01:27:11.480]  rule written specifically for guys just like him well the rules were written in 2010 and in like
[01:27:11.480 --> 01:27:22.200]  2012 or 2013 we had a attorney who got nailed for five years he was claiming to be the attorney for
[01:27:22.200 --> 01:27:32.200]  attorney for people who have anywhere from 5000 to 50 000 plus dollars in money due back that was
[01:27:32.200 --> 01:27:40.280]  sitting in the general account but you know the person couldn't be contacted in some way and so
[01:27:40.280 --> 01:27:46.520]  this attorney was busy going and saying oh i'm the attorney for that customer or that person who owed
[01:27:46.520 --> 01:27:51.800]  money was collecting the money and in the five years he came up with close to five million dollars
[01:27:53.560 --> 01:27:59.400]  they did disbar him but you know the rule apparently exists for people like that
[01:28:00.840 --> 01:28:09.720]  i guess yeah that's what i would think so it would it would be directly pointed at the
[01:28:09.720 --> 01:28:16.840]  attorney who claims to be representing a client when he's really not he is the client
[01:28:18.680 --> 01:28:24.760]  mm-hmm mm-hmm but i'm not sure how i get enforcement other than maybe i write the
[01:28:25.880 --> 01:28:35.400]  the judge or the chief judge order her to order and then maybe do it as a writ of mandamus
[01:28:35.400 --> 01:28:44.520]  wait wait this this goes to a primary question that i always ask and it's uh okay the lawyer
[01:28:44.520 --> 01:28:53.480]  did not file a notice of retainer in this particular case so what right how does that
[01:28:53.480 --> 01:29:00.840]  affect anything how does it cause a harm that would give me standing to raise an issue
[01:29:00.840 --> 01:29:10.200]  see that's that's the thing is and of course the judge saying well we run things loose here
[01:29:11.320 --> 01:29:19.000]  okay so then what's the point of this rule because they have local rules like no cell phones
[01:29:19.000 --> 01:29:24.920]  so you're sitting in the gallery in the peanut gallery waiting and every attorney is sitting
[01:29:24.920 --> 01:29:32.200]  with their cell phones clinking away on the other side of the bar well the rule doesn't say
[01:29:32.200 --> 01:29:37.640]  people on this side of the bar get to play with their electronics and people on the other side
[01:29:37.640 --> 01:29:45.560]  of the bar have to listen to the whole music or the break music oh the break music okay
[01:29:46.440 --> 01:29:49.960]  uh i still can't hear the break music randy kelton
[01:29:49.960 --> 01:29:56.040]  google or radio or call in number five one two six four six 1984 we'll be right back
[01:30:01.000 --> 01:30:06.360]  what happens when bungling burglars bother the wrong bird they eat crow i'm dr kathryn
[01:30:06.360 --> 01:30:10.840]  albrecht and i'll give you the details on a pet store burglary gone wrong in just a moment
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[01:30:39.240 --> 01:30:44.680]  dot com the world's most private search engine bungling burglars bothered the wrong bird when
[01:30:44.680 --> 01:30:49.640]  they broke into hobday's pet shop in coventry england they didn't have a wing or a prayer when they
[01:30:49.640 --> 01:30:54.600]  were up against the likes of jack a self-appointed guard parrot with little patience for the petty
[01:30:54.600 --> 01:30:59.000]  perloiners when the thieves attempted to bird nap him jack clawed and pecked them into a
[01:30:59.000 --> 01:31:04.200]  humiliating retreat while the burglars bolted with a bag of snakes a bird and some fish they left
[01:31:04.200 --> 01:31:09.800]  behind bits of bloody clothing in the wake of the jack attack thanks to the dna extracted by the wing
[01:31:09.800 --> 01:31:14.840]  to warrior it shouldn't be long before police rescue jack's pet store pals and collar the culprits
[01:31:14.840 --> 01:31:20.040]  who will likely eat crow behind bars i'm dr catherine albrecht more news and information
[01:31:20.040 --> 01:31:25.560]  at catherine albrecht dot com
[01:31:31.320 --> 01:31:36.920]  this is building seven a 47 story skyscraper that fell on the afternoon of september 11 the
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[01:33:05.320 --> 01:33:08.680]  you found it logosradionetwork.com
[01:33:20.200 --> 01:33:25.320]  okay we are back randy kelton real world radio and i'm getting the idea that a lot of people
[01:33:25.320 --> 01:33:33.720]  listening to this may think we're being pedantic here but these are really the kinds of examinations
[01:33:33.720 --> 01:33:43.000]  i like to do get these things down to fine detail and we better understand how to look at a case
[01:33:44.120 --> 01:33:51.320]  and here we have a violation of a local rule and we want to raise an issue about it
[01:33:51.320 --> 01:33:58.840]  but we always have to ask that question so what you are these guys did this wrong they did that
[01:33:58.840 --> 01:34:03.560]  wrong the judge going to say so what how does it matter how are you harmed by it how can we come
[01:34:03.560 --> 01:34:12.760]  up with something that would give us a grounds to raise this issue mark well i was asking and
[01:34:12.760 --> 01:34:21.400]  spent time writing notices and motions to the court going this guy needs to identify himself with a you
[01:34:21.400 --> 01:34:28.920]  know at least a notice of appearance because the state's e-file system says a notice of
[01:34:28.920 --> 01:34:36.680]  appearances mandatory first document well eventually he said in an affidavit i am these plaintiffs
[01:34:36.680 --> 01:34:45.240]  attorney so proactive statement out of his own mouth right and i said well now i can you know i
[01:34:45.240 --> 01:34:51.080]  have no reason to even entertain these things unless i can come up with proof that he's lied
[01:34:53.640 --> 01:34:59.400]  the harm any harm was i had to waste my time in the court's time when there's a local rule
[01:34:59.400 --> 01:35:07.240]  that should have been followed but i guess the only thing that i can think of is a rid of mandamus to
[01:35:07.240 --> 01:35:18.680]  the to the chief judge demanding that she enforce her own rules and that she enforced that they
[01:35:18.680 --> 01:35:26.120]  do that thing wait a minute i don't hold on that's not mandamus there's another motion if you're
[01:35:26.120 --> 01:35:33.160]  writing it to the trial judge asking the trial judge to follow her own rules that wouldn't be
[01:35:33.160 --> 01:35:40.440]  mandamus mandamus would go to a higher court asking the higher court to issue a mandate to the lower
[01:35:40.440 --> 01:35:50.200]  court ordering them to do what they're supposed to do okay what would we write to the judge think
[01:35:50.200 --> 01:35:57.640]  of it yeah you've got my email address if you think of it drop me a note i'm working on my
[01:35:57.640 --> 01:36:07.800]  supervisory writ so that to go to the you have to to sue in wisconsin courts you have to be
[01:36:07.800 --> 01:36:11.560]  if you're a foreign corporation you've got to be registered i'm working on the supervisory
[01:36:11.560 --> 01:36:22.120]  writ there because that issue i think is one that the judge ruled incorrectly on and the judge is
[01:36:22.120 --> 01:36:32.840]  likely to get reversed but what is what is the issue if a lawyer comes into court and claims
[01:36:32.840 --> 01:36:41.800]  to be representing a client when he's not representing a client well you have falsely of a false
[01:36:41.800 --> 01:36:47.640]  testimony you have a false or false statement to the court which would be a uh judo or a bar
[01:36:47.640 --> 01:36:56.840]  grievance kind of thing you have certainly that you have the potential that the court okay hold on
[01:36:56.840 --> 01:37:03.320]  my real question is how is that false representation material
[01:37:07.640 --> 01:37:11.560]  there's it's got to be something in the bar standards
[01:37:13.480 --> 01:37:19.960]  to to direct the lawyer in how he presents a case if he is the
[01:37:19.960 --> 01:37:27.800]  agent or if he is the principal and this is a debt collector and if he has bought these
[01:37:28.360 --> 01:37:35.960]  debts he is the principal and how would that information affect the way the lawyer would
[01:37:35.960 --> 01:37:43.880]  adjudicate the case actually it does under our wisconsin statute and under the federal
[01:37:43.880 --> 01:37:51.080]  fair debt collection practices act they make a difference and a difference between the two
[01:37:51.080 --> 01:37:56.120]  styles the two different things the debt the debt collector has a different set of rights and
[01:37:56.120 --> 01:38:01.960]  different set of responsibilities than the original creditor so the original the original
[01:38:01.960 --> 01:38:09.400]  creditor is not bound to the real estate settlement procedures to act through the lending act they
[01:38:09.400 --> 01:38:19.880]  don't apply to him only to a debt collector right so that's the difference i'm going after so
[01:38:22.120 --> 01:38:33.800]  he's claiming to represent the the holder of the debt the one who issued the debt that guy's not
[01:38:33.800 --> 01:38:42.840]  a debt collector he's just collecting what's owed him when the debt is sold to someone else who
[01:38:42.840 --> 01:38:49.320]  didn't who wasn't the original lender they become the debt collector so the lawyer actually is a
[01:38:49.320 --> 01:38:59.000]  debt collector but he's representing himself as an agent for the original holder well again
[01:38:59.000 --> 01:39:05.160]  we're assuming this the dialogue where we're saying he's actually debt collector pretending
[01:39:05.160 --> 01:39:12.040]  we're assuming that because we don't have any contractual proof at the moment we have just
[01:39:12.040 --> 01:39:20.920]  little what bit what we what we do have is the fact that he has not established who he actually is
[01:39:20.920 --> 01:39:32.040]  and there are there are rules in place that would establish who he actually is but he didn't follow
[01:39:32.040 --> 01:39:42.280]  those rules here's the harm and what i'm trying to do is craft a way to say this is how i'm harmed
[01:39:42.280 --> 01:39:49.880]  do i get to rely on the truth of lending act or does it not apply to this guy
[01:39:52.120 --> 01:39:59.160]  and he's representing himself as if it doesn't apply because he's an a claiming to be an agent
[01:39:59.160 --> 01:40:06.120]  for the original lender and if he's not then truth and lending act apply he's trying to
[01:40:06.120 --> 01:40:15.800]  circumvent the law now that gives us a so what that'll work yes but how do i get from i think
[01:40:15.800 --> 01:40:25.320]  you're a lying sob to and here's the proof he's not responding to discovery he's been non responsive
[01:40:25.320 --> 01:40:32.600]  there um i mean i just have the little snippet of we had to order the documents well what kind of
[01:40:32.600 --> 01:40:39.400]  customer relationship is that with a client and an attorney where you have to order documents
[01:40:39.400 --> 01:40:46.600]  now i do have the interesting part that the the client sent documents to the federal government
[01:40:46.600 --> 01:40:56.600]  in response which this guy didn't have or hasn't submitted so i i've got that wedge and i've got
[01:40:56.600 --> 01:41:02.840]  the hopefully the wedge in the transcript if the point where it's ordered of we had to order the
[01:41:02.840 --> 01:41:10.200]  documents but i'm not sure that those two things are enough to get a forced discovery
[01:41:11.400 --> 01:41:16.440]  i mean maybe on the federal level it'll be enough but it's on the state not on the state level
[01:41:16.440 --> 01:41:19.400]  they there seem to be willing to protect the guy
[01:41:19.400 --> 01:41:31.560]  well the fact that they're willing to protect him doesn't eliminate your right to make the claims
[01:41:32.120 --> 01:41:43.240]  you have a right to an expectation of due process due process which goes to everybody
[01:41:43.240 --> 01:41:48.520]  following all the rules that are there to protect you and he's not following the rules
[01:41:48.520 --> 01:41:56.680]  that are there to protect you so you're being denied due process okay that then that becomes
[01:41:56.680 --> 01:42:03.160]  something that i could whack the the chief judge that she's not having these rules followed okay
[01:42:04.200 --> 01:42:11.560]  and and due process is harm per se so you don't have to show harm you don't you don't have to
[01:42:11.560 --> 01:42:21.160]  calculate harm it's harm is a matter of law okay good good one other thing that occurred and i
[01:42:21.160 --> 01:42:28.280]  keep it popping into my head and popping out now when i was discussing the affirmative
[01:42:28.280 --> 01:42:36.600]  defenses that exist of course we have the federal fdcpa setoffs and the things there
[01:42:36.600 --> 01:42:42.840]  um and the judge explicitly said we're not going to do with that we're not going to do anything
[01:42:42.840 --> 01:42:49.800]  with that now once i have the transcript where the judge disavows the federal claims i should
[01:42:49.800 --> 01:42:58.040]  be able to file then my federal fdcpa suit against the credit card company at that point shouldn't
[01:42:58.040 --> 01:43:08.760]  i and absolutely the judicata well therefore technically is a state agency it does a state
[01:43:09.720 --> 01:43:18.280]  judge have authority to enforce federal law in wisconsin not at all and the only reason this
[01:43:18.280 --> 01:43:25.640]  comes up is if you look at the case law on the or i found case law in the fair dot collection
[01:43:25.640 --> 01:43:31.000]  practices act where the feds have said we want you guys to settle this stuff in the state before
[01:43:31.000 --> 01:43:38.120]  you show up in the fed but if i have the music in my ear we'll have to wait for the next year the
[01:43:38.120 --> 01:43:44.440]  next uh okay so we do need to move this along i've got a really full board of callers tonight
[01:43:44.440 --> 01:43:52.360]  wonderful okay hang on mark randy kelton rule on radio on this friday the 20th day of october
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[01:46:10.040 --> 01:46:26.920]  okay we are back randy kelton rule of law radio and i know i spend a lot of time with this
[01:46:28.120 --> 01:46:35.400]  but this is what this show is really about i know we get a lot of people that have issues
[01:46:35.400 --> 01:46:40.280]  that want me to help them handle mark is different he's not really asking me to help him handle an
[01:46:40.280 --> 01:46:49.400]  issue he's asking to evaluate an issue and this from my perspective is the most important thing
[01:46:49.400 --> 01:46:59.960]  that we do here is we demonstrate how to analyze and understand legal issues and i do a four hour
[01:46:59.960 --> 01:47:07.960]  show on friday we started out doing two hour shows and then we had a a broadcaster that followed us
[01:47:07.960 --> 01:47:13.960]  and he just did the show whenever he felt like it and if you didn't feel like it just wouldn't show
[01:47:13.960 --> 01:47:21.560]  up so far we had to to take him off the the air and debba and i took over the sector two hours
[01:47:21.560 --> 01:47:29.720]  and i found that it turned out to be very valuable to be able to spend time analyzing a
[01:47:30.280 --> 01:47:35.800]  an issue i know i know we spend a lot of time on this but we got to take this apart and demonstrate
[01:47:35.800 --> 01:47:45.400]  how we find remedy in a complex situation i would like it if people have issues and if you want to
[01:47:45.400 --> 01:47:51.880]  hear a different format you know this may annoy a lot of people but the noise you let me know
[01:47:53.160 --> 01:47:58.200]  if you think i should do things different let me know guide me tell me what i need to do
[01:47:58.200 --> 01:48:04.200]  to give you the best experience on this radio show okay back to mark in wisconsin
[01:48:05.720 --> 01:48:12.040]  all right now one of the things is under the fair death collection practices act
[01:48:12.040 --> 01:48:19.640]  attorneys can be sued for their collection efforts and they can get sued for what happens in court
[01:48:20.680 --> 01:48:30.280]  so each time this attorney has screwed up oh wait hold on hold on hold on mark that that may be
[01:48:31.480 --> 01:48:39.400]  more profound than than it appears on the surface i know if an attorney violates the
[01:48:39.400 --> 01:48:47.880]  the bar association standards the bar association standard states that a violation of these standards
[01:48:48.440 --> 01:48:56.280]  does not create a cause of action so you can sue them for that you can you can grieve them but
[01:48:56.280 --> 01:49:04.120]  technically you can't actually about anything that violates the standard there is another way to
[01:49:04.120 --> 01:49:11.480]  make a claim against them but you just said that is it in the coders in the case law that says
[01:49:11.480 --> 01:49:20.040]  that a violation of of these creates a cause of action there's a case law because they've had
[01:49:20.040 --> 01:49:27.880]  some of these attorneys just going way off the rails now the particular set of attorneys in my
[01:49:27.880 --> 01:49:36.120]  issue there's not i cannot find successful suits in case law so my guess is the stuff that just
[01:49:36.120 --> 01:49:42.200]  settled out of court for when there's a problem but i'm just you know thinking all right if i'm
[01:49:42.200 --> 01:49:49.960]  going to go ahead and play whack-a-mole with these guys um eventually for each and everything they did
[01:49:49.960 --> 01:49:58.280]  for yeah but when you said they're settled out of court there's no case law i was thinking
[01:49:59.000 --> 01:50:12.120]  chaching this is how we give paid yeah well and um in a in your 2016 k in 2016 conversation
[01:50:13.000 --> 01:50:19.240]  in the summer you told somebody or maybe it was eddie they were discussing whether or
[01:50:19.240 --> 01:50:24.600]  not you could sue the insurance companies directly well in wisconsin apparently you can
[01:50:24.600 --> 01:50:30.440]  i sent you the copy of the case law so ultimately i can go after this guy's um
[01:50:31.960 --> 01:50:36.440]  insurance company and i had a motion in front of the court that he identified who his insurance
[01:50:36.440 --> 01:50:42.040]  company is and there was no response and that motion was one of the ones that time ran out
[01:50:42.040 --> 01:50:52.200]  you don't get that motion's denied um so there there's did you agree did you agree the judge for
[01:50:52.200 --> 01:50:58.200]  that the father did a conduct complaint for that the judge is going to get judicial conduct
[01:50:58.200 --> 01:51:03.640]  complaints for that i'm you know trying to balance the rest of my life rather than oh look let's
[01:51:03.640 --> 01:51:10.120]  write more paperwork because otherwise all i'd be doing is writing paperwork and i much rather
[01:51:10.120 --> 01:51:17.480]  go ahead and let a couple of them accumulate and then ding them okay um ambush style as you would say
[01:51:18.600 --> 01:51:25.640]  so but yes he is going to get an ambush on that especially after the transcript is in my hot little
[01:51:25.640 --> 01:51:36.760]  hand okay i am in the process of i'm at the last stage of the electronic lawyer have some
[01:51:36.760 --> 01:51:45.240]  uh specs out to finish up the last piece i need to start building and automating the electronic
[01:51:45.240 --> 01:51:52.280]  lawyer and this is exactly the kind of stuff i want to be able to get automated so that as you
[01:51:52.280 --> 01:51:59.000]  move through a case you have a set of questions and yeah every time you go to court you come back
[01:51:59.000 --> 01:52:05.720]  and you pull up the questionnaire for this type of hearing and it asks did the judge do this did
[01:52:05.720 --> 01:52:10.760]  he do this and if you say yes to this one the system just spits out the grievance so you don't
[01:52:10.760 --> 01:52:17.960]  have to waste any time messing with it you hit the button it spits it out so yeah while you're
[01:52:17.960 --> 01:52:24.760]  going through these since you're a an IT guy think how do we automate what's going on here
[01:52:27.320 --> 01:52:33.320]  well it's um one of the layers you're going to need is some kind of t-roff n-roff for the
[01:52:33.320 --> 01:52:39.480]  pretty printing so you can then output to a pdf but those kinds of technical details you and i
[01:52:39.480 --> 01:52:47.240]  can chat with separately you know how to get a hold of me and um well work on those those kinds
[01:52:47.240 --> 01:52:56.200]  of things i think i've got everything that i wanted um i mean i'll send you separate emails on the
[01:52:56.200 --> 01:53:04.680]  federal stuff and you know you can help me as the department of justice attorney told me my
[01:53:04.680 --> 01:53:11.960]  paperwork needs to be less glib i need to make sure i de-glybify these next rounds of stuff
[01:53:12.520 --> 01:53:20.440]  and uh stop in open court i called this thing a dumpster fire and what he's saying is is you're
[01:53:20.440 --> 01:53:28.120]  having way too much fun oh yes yeah not serious enough i like the dumpster fire reference
[01:53:30.120 --> 01:53:36.040]  yeah well i called it the dumpster fire because the attorney wasn't working with discovery
[01:53:36.040 --> 01:53:43.640]  and it was his lack of doing his job was causing a problem so it's out there now i can back off
[01:53:43.640 --> 01:53:55.080]  and be a little more serious okay is that it for you mark i believe so because as you stated you've
[01:53:55.080 --> 01:54:00.360]  got other callers and i'm guessing you are getting pinged via back channels that move on to the next
[01:54:00.360 --> 01:54:07.080]  caller so i think i've gotten everything and like i said well make sure i get you some copies of the
[01:54:07.080 --> 01:54:15.000]  paperwork for you to take out take a look at and um we'll work from there thank you mr for your time
[01:54:15.000 --> 01:54:21.080]  this evening and hopefully it's been entertaining for the listeners okay thank you very much mark
[01:54:21.720 --> 01:54:29.640]  okay now we're going to go to george in arizona hello george hello randy good evening good evening
[01:54:29.640 --> 01:54:44.680]  what do you have for us today okay um what i have today is let's see here i have been ordered
[01:54:45.560 --> 01:54:57.640]  by a judge to appear for a scheduling conference and um with the lawsuit that i filed okay hold
[01:54:57.640 --> 01:55:10.280]  on is this a state of federal this is federal okay uh does do the rules require a face-to-face
[01:55:11.880 --> 01:55:21.080]  scheduling conference i think it can be done i believe it can be done uh over the phone
[01:55:21.080 --> 01:55:30.680]  okay i'm in uh fourth and judgment bride whom i consider to be a real stinker
[01:55:32.200 --> 01:55:43.400]  in this case he requires a face-to-face no phone no just paperwork but a face-to-face sit-down
[01:55:43.400 --> 01:55:51.880]  okay and i read that rule and i thought that is really a good rule yeah well
[01:55:51.880 --> 01:55:58.680]  actually i don't have a problem with face-to-face in fact i i actually prefer it um my problem
[01:55:58.680 --> 01:56:05.320]  is that they have uh it appears that they have changed venue and this is all new to me it appears
[01:56:05.320 --> 01:56:15.080]  they've changed venue on me and uh when i was not aware of it because um we have a a federal
[01:56:15.080 --> 01:56:26.200]  courthouse but it's not manned by uh by a judge and this particular judge is uh is over 100 miles
[01:56:26.200 --> 01:56:36.440]  from uh in in a in a different county okay hold on is there a federal judge closer i don't believe
[01:56:36.440 --> 01:56:42.440]  so yeah the federal judge is actually uh i don't believe there's a federal judge in my county
[01:56:43.480 --> 01:56:51.480]  then there's not much you can do you could file a convenient venue but if he's the closest judge
[01:56:51.480 --> 01:57:00.040]  then he is the least inconvenient venue but i mean it's not a man but they do hold court
[01:57:00.040 --> 01:57:07.160]  in this courthouse they they hold court here and they do oh okay is the judge a circuit judge
[01:57:08.600 --> 01:57:15.960]  uh you know i i know he's a he's a magistrate judge they hold court who holds court there
[01:57:15.960 --> 01:57:23.320]  judge or magistrates i believe the magistrates actually come from uh the other county to hold
[01:57:23.320 --> 01:57:33.080]  uh court okay did did you object to a magistrate non-judicial decision making actually the other
[01:57:33.800 --> 01:57:39.640]  the defendants actually objected to the magistrate i did not well that is interesting
[01:57:39.640 --> 01:57:47.960]  and i think they probably did it because they know my they know my location and i believe it was
[01:57:47.960 --> 01:57:54.040]  done now looking back on okay it was done to make a hardship on me because all of my witnesses
[01:57:54.040 --> 01:58:02.200]  are in my county they're all over a hundred miles away okay then you can move for hardship
[01:58:02.200 --> 01:58:09.960]  and ask that all your witnesses be deposed in the county that you're in okay
[01:58:12.760 --> 01:58:18.760]  then and also move object to oral argument and ask the court to rule on the pleadings
[01:58:19.640 --> 01:58:25.560]  federal courts prefer to rule on the pleadings they won't don't want to waste their time in court
[01:58:25.560 --> 01:58:31.160]  all right they want you to put everything in writing they'll do that they'll have their clerks
[01:58:31.160 --> 01:58:36.040]  go over it and their magistrates go over it and tell them what to rule and they just sign the
[01:58:36.040 --> 01:58:42.760]  ruling and the federal judge doesn't have to do any work so that may be a solution
[01:58:44.200 --> 01:58:53.800]  or you can object to oral argument hang on the bible remains the most popular book in the world
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[01:59:48.840 --> 01:59:59.880]  bible dot com you are listening to the logos radio network logos radio network dot com