[00:00.000 --> 00:09.160]  You're listening to the Liberty Beats, your daily source for Liberty News and activist
[00:09.160 --> 00:15.280]  updates online at dlibertybeats.com.
[00:15.280 --> 00:19.240]  John Bush here with your Liberty Beats for April 5, 2013.
[00:19.240 --> 00:26.400]  Gold open today at $1564, silver at $27.13 and Bitcoin is trading at $138.
[00:26.400 --> 00:32.080]  Today's edition of the Liberty Beats is sponsored apart by tomorrowsmealstoday.com, South Boston
[00:32.080 --> 00:38.600]  Market Days every Saturday from 3 to 7 p.m. at 10106 Manchak Road and by Silver Circle
[00:38.600 --> 00:44.160]  Movie, special screening Thursday, April 18th at Flix Brewhouse in Round Rock, Texas.
[00:44.160 --> 00:48.120]  Information at silvercirclemovie.com and now the news.
[00:48.120 --> 00:52.440]  Government documents obtained by the Partnership for Civil Justice Fund through its FOIA records
[00:52.440 --> 00:57.320]  request reveal that the Department of Homeland Security, an agency created after September
[00:57.320 --> 01:02.200]  11th attacks under the rubric of combating terrorism, conducts daily monitoring of peaceful
[01:02.200 --> 01:05.320]  lawful protests as a matter of policy.
[01:05.320 --> 01:09.600]  Functioning as a secret political police force against people participating in lawful, peaceful
[01:09.600 --> 01:14.320]  free speech activity, the heavily redacted documents show that the DHS Threat Management
[01:14.320 --> 01:19.280]  Division, directed by regional intelligence analysts to provide daily intelligence briefings
[01:19.280 --> 01:23.960]  that include a category on reporting on peaceful activist demonstrations along with domestic
[01:23.960 --> 01:29.560]  terrorist activity.
[01:29.560 --> 01:33.560]  The state of Maryland's Watership Protection and Restoration Program passed the legislature
[01:33.560 --> 01:39.240]  last year, mandating Howard County residents to pay an annual fee of $105 for storm water
[01:39.240 --> 01:40.240]  management.
[01:40.240 --> 01:43.480]  The state and local governments, along with volunteer fire companies, will remain exempt
[01:43.480 --> 01:44.480]  from this fee.
[01:44.480 --> 01:49.480]  The county expects to raise around $130 million over the next five years to pay for storm
[01:49.480 --> 01:51.600]  water restoration projects.
[01:51.600 --> 02:00.480]  Taxes on naturally occurring elements continue to be imposed on citizens around the country.
[02:00.480 --> 02:04.540]  The International Dairy Foods Administration and the National Milk Producers Federation
[02:04.540 --> 02:09.400]  have filed a petition asking the FDA to approve the addition of chemical sweeteners, aspartame
[02:09.400 --> 02:12.280]  and sucralose to the ingredients of milk.
[02:12.280 --> 02:15.560]  These new additions would essentially change the definition of milk and would not require
[02:15.560 --> 02:16.560]  labeling.
[02:16.560 --> 02:23.480]  Other dairy products such as yogurt, eggnog and whipping cream would also be included.
[02:23.480 --> 02:28.040]  Support for the Liberty Beat comes from PureRainUSA.com, chemical and fluoride free bottled water
[02:28.040 --> 02:32.480]  available at Whole Foods and Central Market, and by Central Texas Gun Works, self-defense
[02:32.480 --> 02:41.360]  training, CHL courses and firearm sales, online at CentralSexesGunWorks.com.
[02:41.360 --> 02:45.640]  This is the Liberty Beat for April 5, 2013.
[03:11.360 --> 03:26.680]  The Liberty Beat for April 5, 2013 is available at Whole Foods and Central Market, and by
[03:26.680 --> 03:33.680]  Central Texas Gun Works, self-defense training, CHL courses and firearm sales, online at
[03:33.680 --> 03:42.840]  Whole Foods and Central Market, and by Central Texas Gun Works, self-defense training, CHL
[03:42.840 --> 03:50.840]  courses and firearm sales, online at Whole Foods and Central Market, and by Central Texas
[03:50.840 --> 03:59.160]  Gun Works, self-defense training, CHL courses and firearm sales, online at Whole Foods and
[03:59.160 --> 04:26.480]  Central Market, and by Central Texas Gun Works, self-defense training, CHL courses and firearm
[04:26.480 --> 04:34.320]  segment is supposed to be the Capitol Grill. So we're going to be grilling the folks at
[04:34.320 --> 04:41.960]  the Capitol this first segment after we talk to Ms. Cathy. Hello Ms. Cathy, what do you
[04:41.960 --> 04:43.960]  have for us today?
[04:43.960 --> 04:50.480]  Well, hello yourself. I have just a quick question of when Rick called in last night
[04:50.480 --> 04:56.440]  and started in about the debt collection and all of that stuff. We had probably twenty
[04:56.440 --> 05:06.040]  years ago we had an issue with a home owners association kind of thing where they kept
[05:06.040 --> 05:12.720]  raising the ante. They would raise the ante, raise the ante. We had a piece of resort property
[05:12.720 --> 05:16.880]  and there were no utilities on it, you couldn't build on it, you couldn't do this, couldn't
[05:16.880 --> 05:22.560]  do that, but they kept raising the fees because the sections that had houses on it they wanted
[05:22.560 --> 05:28.880]  more fun things for themselves and so they just kept sending higher and higher bills.
[05:28.880 --> 05:34.880]  And at one point we had written them a letter and said we're not going to pay this anymore.
[05:34.880 --> 05:39.960]  Go away, leave me alone. I can't build a house, I can't trade, I can't do anything.
[05:39.960 --> 05:45.920]  So we had written a letter, stopped paying and probably a year and a half after that
[05:45.920 --> 05:53.040]  we got a call from a collection agency. And what was very interesting at the time is that
[05:53.040 --> 06:01.160]  the moment that the collection agency heard that we had in writing stopped payment and
[06:01.160 --> 06:07.600]  told them, you know, and they would not respond to us. When they understood that we had written
[06:07.600 --> 06:13.120]  and had a disagreement over it and that it wasn't just a bad debt, they backed out and
[06:13.120 --> 06:20.120]  said, oh, we can't handle this, we shouldn't have gotten it. Now is that not still the
[06:20.120 --> 06:21.120]  case?
[06:21.120 --> 06:32.800]  That is an interesting question. I have no idea. Then I'm not the credit card guy in
[06:32.800 --> 06:38.240]  that respect. We do have Ken Magnuson on, Ken, do you have any knowledge in that particular
[06:38.240 --> 06:39.240]  area?
[06:39.240 --> 06:40.240]  None.
[06:40.240 --> 06:51.360]  None. Okay. Yeah, that's a really technical question. Rather if you dispute the debt before
[06:51.360 --> 06:58.120]  you stop payment, then does it become a bad debt or does it become a disputed debt? That's
[06:58.120 --> 06:59.600]  a good question, Kathy.
[06:59.600 --> 07:05.280]  Yeah, because we were disputing the charges in the first place, but we had gone then when
[07:05.280 --> 07:12.080]  we got the debt collection calls, we went to a real estate attorney and he started in
[07:12.080 --> 07:18.240]  and he started looking at it. And one of the things that they had done that was very interesting
[07:18.240 --> 07:24.240]  was arbitrarily put a late fee on it. And I know it sounds like nothing, because it's
[07:24.240 --> 07:34.680]  been 20 years ago, but the fee was like $13 a month. And they had put a $5 late charge
[07:34.680 --> 07:42.160]  onto that. And what we finally ended up doing to resolve it is that at the time, again,
[07:42.160 --> 07:50.440]  I haven't researched it since then, but he pointed out to us that a fee over 5% is considered
[07:50.440 --> 07:59.880]  usury. And the usury punishment at the time on the Texas books was hanging. So we wrote
[07:59.880 --> 08:05.800]  them a letter and named the names and said, we were going to sue you for usury if you
[08:05.800 --> 08:12.720]  don't forgive this debt and forget about this mess. And it worked like great, because when
[08:12.720 --> 08:21.560]  you look it up, they were committing usury by Texas law at the time and the penalty still
[08:21.560 --> 08:22.560]  was hanging.
[08:22.560 --> 08:30.280]  Oh, Eddie Craig would have loved that. Get a rope.
[08:30.280 --> 08:37.600]  Things lately. But we did have, I mean, the debt guys dropped it immediately. They wouldn't
[08:37.600 --> 08:44.200]  touch it, because we said we were in dispute in writing. So again, it's been a long time,
[08:44.200 --> 08:50.240]  but that was our experience that if, you know, we did not just stop paying. I wrote
[08:50.240 --> 08:56.880]  them a letter and said, I'm not going to give you any more money. And it's like, okay.
[08:56.880 --> 09:03.440]  So I don't, I don't feel I'm the same as getting a bad debt.
[09:03.440 --> 09:10.040]  You did that on purpose. I did. I set them up for hanging first, first cut. No, me first
[09:10.040 --> 09:21.240]  call. You stumped the chump. Oh dear. That's too bad. You made my day. It's the case anymore.
[09:21.240 --> 09:27.080]  But that is what we did way back then. And I'm grateful that I haven't got myself into
[09:27.080 --> 09:33.080]  that same situation again. And you've been to my house. You've seen my neighbors. And
[09:33.080 --> 09:37.440]  the reason we live where we live is there is no neighborhood association. And I don't
[09:37.440 --> 09:45.120]  owe anybody except the government for taxes on my, my place. So that's why we have a
[09:45.120 --> 09:46.120]  kitchen yard.
[09:46.120 --> 09:50.600]  In the neighborhood you live in, it's a really nice neighborhood. I'm surprised that there's
[09:50.600 --> 09:54.880]  not a neighborhood association, a homeowner's association.
[09:54.880 --> 10:00.440]  It's a very voluntary homeowner's association. And I think they ask each other to give $12
[10:00.440 --> 10:06.120]  a year to support a little newsletter that they put out once in a while when everybody
[10:06.120 --> 10:12.480]  gets together. But there is no requirement and no, you know, no, we're not giving each
[10:12.480 --> 10:14.800]  other tickets and all that kind of stuff.
[10:14.800 --> 10:19.440]  Oh, that's good. Okay. Thank you very much.
[10:19.440 --> 10:26.000]  So I want to go on with it. And well, one more thing is if you have any feelings about
[10:26.000 --> 10:31.520]  what's going on in Kauffman County, if there's something you can enlighten us on, then that
[10:31.520 --> 10:36.280]  would be, be good when it's, when it's time and when you, when you have a minute for it.
[10:36.280 --> 10:39.040]  Yes. I have very bad feelings about that.
[10:39.040 --> 10:40.040]  Yeah.
[10:40.040 --> 10:47.440]  You know, on this show, we kind of go after public officials, right? But we go after public
[10:47.440 --> 10:50.560]  officials with the law as it's written.
[10:50.560 --> 10:57.240]  Oh, yeah, I'm not, this kind of thing is, is horrible for everybody.
[10:57.240 --> 11:02.760]  Oh, it's horrible. Yeah. And what I was more wanting to hear from you since it's near,
[11:02.760 --> 11:09.240]  near your neck of the woods, is that an area where these, these people who are targeted,
[11:09.240 --> 11:14.640]  have they been going after the bad guys? Are they doing a great job? Is that what's making
[11:14.640 --> 11:19.160]  them maybe be a target? I don't know the, the, the nature of the area. And that's what
[11:19.160 --> 11:26.640]  I was thinking. Maybe you might comment on Kauffman County is just about as mundane as
[11:26.640 --> 11:38.000]  every other county around. Ken, has your brother commented on this issue at all?
[11:38.000 --> 11:45.360]  Well, again, no, he hasn't said a word. So we haven't had a conversation about it. The,
[11:45.360 --> 11:52.600]  the, if we can believe what the press issues are with regards to the area and brotherhood,
[11:52.600 --> 11:58.160]  which is what's been linked to some cases out of Kauffman County. Truly, when we talk
[11:58.160 --> 12:04.200]  about public officials doing the bad thing, we're talking about the bad ones on the bench,
[12:04.200 --> 12:09.720]  the bad ones carrying the briefcases as lawyers. We're not talking about the ones that are
[12:09.720 --> 12:15.480]  ridding our streets of the true hard criminals and the true hard criminals, the ones that
[12:15.480 --> 12:21.120]  are violent. This is very dangerous. If it turns out that indeed this was a, you know,
[12:21.120 --> 12:30.080]  a vendetta by a specific group of people who don't care about law and order or about justice
[12:30.080 --> 12:34.520]  or about anybody's life, they're even more dangerous than some of the people we talk
[12:34.520 --> 12:36.520]  about in government.
[12:36.520 --> 12:44.520]  Yeah. And when we pick on public officials, we don't pick on them for doing their jobs.
[12:44.520 --> 12:52.520]  We pick on them for not doing their jobs. And sometimes I'm a little uncomfortable,
[12:52.520 --> 13:00.000]  especially when I'm going after the police, because I know so many police officers and
[13:00.000 --> 13:09.800]  all of them seem to have the same frustrations that they are in a system they know is horribly
[13:09.800 --> 13:19.200]  messed up. They didn't mess it up. And they're not in a position to fix it. Prosecutors get
[13:19.200 --> 13:24.400]  into this office and take over an office. It's been operated the same way for the last
[13:24.400 --> 13:31.960]  20 years. There are 30 years as far as I've been looking at them. And they do things the
[13:31.960 --> 13:38.640]  way everybody else has been doing them. And I seriously doubt that these prosecutors think
[13:38.640 --> 13:45.160]  of themselves as bad guys. And for the most part, they're not. But to start shooting at
[13:45.160 --> 13:52.560]  people, this is really, really a bad thing. Very bad. This is anyone who even contemplates
[13:52.560 --> 13:58.600]  such a thing. They haven't spent enough time on the sharp end of that kind of stuff. It
[13:58.600 --> 14:08.040]  never, ever comes out well. Now that these prosecutors have been shot this way, the police
[14:08.040 --> 14:18.440]  are going to be even more cautious of it. Security is going to get tighter. We as the
[14:18.440 --> 14:25.080]  people that these officials are there to protect are going to become, to them, more and more
[14:25.080 --> 14:32.720]  of a threat in the enemy. It will make it harder for all of us to achieve liberty. Go
[14:32.720 --> 14:39.360]  ahead, Kathy. I think we are all suspect now. We could all be that guy with the gun or that
[14:39.360 --> 14:46.520]  guy that, you know, after you. Well, I can see that, you know, anytime it's not often
[14:46.520 --> 14:56.560]  they have folks like us who come and actually take them on. And I can see where they would
[14:56.560 --> 15:04.360]  tend to equate us with the really bad guys. And when they have this kind of thing going
[15:04.360 --> 15:11.480]  on, it's going to make it even more difficult for us and make it necessary for us to be much
[15:11.480 --> 15:16.880]  more professional and much more careful in how we handle ourselves.
[15:16.880 --> 15:26.120]  Yeah, we need to be well-informed and well-behaved in their structure. So let's all do our homework
[15:26.120 --> 15:32.160]  like Eddie said. If you don't do your homework at the time, you're doomed.
[15:32.160 --> 15:39.280]  Absolutely. And I'm suggesting that, you know, I have a script that Eddie Craig has written
[15:39.280 --> 15:48.520]  for dealing with police officers on the street. Frankly, I'm uncomfortable with it because
[15:48.520 --> 15:59.080]  it takes a confrontational posture. And the more I look at this issue, the less inclined
[15:59.080 --> 16:04.200]  I am to try to deal with a policeman on the street.
[16:04.200 --> 16:12.720]  I don't see where that is going to pay anyone back to confront a policeman when he's already
[16:12.720 --> 16:19.960]  on his guard stopping you in the first place. It's not a trivial thing for a police officer,
[16:19.960 --> 16:24.720]  I would think, to pull you over on the side of the road in the first place. Because he
[16:24.720 --> 16:28.400]  doesn't know what he's got. He's got a pig and a poke. You could go either way, you could
[16:28.400 --> 16:34.480]  be anybody. And so to just start, you know, questioning him, I would be very uncomfortable
[16:34.480 --> 16:35.960]  being at myself.
[16:35.960 --> 16:43.720]  I received a ticket recently and I was uncomfortable to press it. I could handle him, but I didn't
[16:43.720 --> 16:51.400]  want him going off on me because that never works out well. Okay, hang on, this is Randy
[16:51.400 --> 16:57.040]  Kelton, Deb Stephens, Eddie Craig, we have our radio. I'll call in number 512-646-1984.
[16:57.040 --> 17:00.040]  We'll be right back.
[17:00.040 --> 17:14.280]  Not that I was doing well, but the truth to you I'll tell. MSGs and GMO really ain't
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[17:58.160 --> 18:00.680]  I ain't learned much.
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[19:22.120 --> 19:44.120]  I'm standing like it's out of control on the edge of a hole inside a deep dark dome. I'm
[19:44.120 --> 19:54.120]  always on the lookout for something to suit my soul. So I sit back and I watch the ever-dead
[19:54.120 --> 20:16.120]  son fall, and I see justice is the goal. Yeah, justice is the goal.
[20:16.120 --> 20:25.120]  Tonight with our special guest, Ken Magnuson. Ken and I were at the Capitol Building last
[20:25.120 --> 20:32.720]  Tuesday for a Senate subcommittee hearing on sunsetting the State Commission on Judicial
[20:32.720 --> 20:41.120]  Conduct. And there will be another meeting on Monday, we hope, depending on how early
[20:41.120 --> 20:52.120]  the legislature finishes their session and starts hearing comments on these issues. Ken,
[20:52.120 --> 20:59.120]  you want to bring everybody up to speed on when it is and what they should be coming
[20:59.120 --> 21:06.120]  down there doing for us? Well, let's go back a little bit and talk about how an agency
[21:06.120 --> 21:15.120]  is created, and the sunset process is essentially a date somewhere out in the future in which
[21:15.120 --> 21:22.120]  the agency has to be reviewed, and if it's not reauthorized by the legislature, it
[21:22.120 --> 21:30.120]  essentially gets sunset, it gets closed. State Commission on Judicial Conduct was last
[21:30.120 --> 21:37.120]  reviewed in 2001, and I was down there for the legislative session for it, and I was
[21:37.120 --> 21:44.120]  greeted quite friendly and cooperatively by the State House Committee, the Senate Committee
[21:44.120 --> 21:51.120]  was indifferent, and some things did happen. We managed to get the budget increased, and
[21:51.120 --> 21:57.120]  one of the executive directors of the agency at that time had been asleep at the switch,
[21:57.120 --> 22:01.120]  hadn't been paying attention to what was going on, and wasn't getting the complaint
[22:01.120 --> 22:06.120]  processes. People weren't getting letters, you filed a complaint, it was like putting
[22:06.120 --> 22:09.120]  in the waste paper basket, you never knew whether or not somebody would read it and
[22:09.120 --> 22:20.120]  actually pay any attention to it. So I set up the agency director with a series of requests
[22:20.120 --> 22:24.120]  by people who had filed complaints, and of course she didn't answer the letters that were
[22:24.120 --> 22:32.120]  sent by certified mail, but she figured like most of these judges and clerks and everything
[22:32.120 --> 22:36.120]  is that nobody else knew about it. They thought these people were doing this as
[22:36.120 --> 22:41.120]  isolated incidents, where I showed up in the committee hearing in the house with copies
[22:41.120 --> 22:45.120]  of the green cards, and the fact that they hadn't answered these letters in more than
[22:45.120 --> 22:51.120]  four months, and there were two requests. So she looked pretty incompetent, and basically
[22:51.120 --> 22:59.120]  she was replaced by the now executive director of the agency, Shawna Willing. Now for about
[22:59.120 --> 23:12.120]  a year after this, the agency was very friendly. Lance Flores, my partner in crime.
[23:12.120 --> 23:19.120]  Well, no, let's be more specific about it. My colleague on the issue of fixing what
[23:19.120 --> 23:24.120]  ails the court systems in Texas, we used to get down there and have conversations with
[23:24.120 --> 23:29.120]  judicial conduct all the time at the headquarters. They were very friendly. They were in communication
[23:29.120 --> 23:34.120]  with us, and then all of a sudden there was a complaint that Lance Flores filed against
[23:34.120 --> 23:44.120]  a judge out of Denton County that was essentially ignoring state law, and all of a sudden the
[23:44.120 --> 23:51.120]  attitude by judicial conduct turned non-cooperative and we became persona non grata, and the agency
[23:51.120 --> 23:57.120]  has been decaying and falling apart ever since. Now for those people that want to see, you
[23:57.120 --> 24:03.120]  can go out to the agency website, state commission on judicial conduct, Texas, and they have
[24:03.120 --> 24:10.120]  annual reports where they talk about how many complaints are filed. They talk about what
[24:10.120 --> 24:16.120]  the response is about the complaint, how many are dismissed and so forth, and the average
[24:16.120 --> 24:24.120]  person would guess very quickly that the number of complaints dismissed is almost 100%. They
[24:24.120 --> 24:31.120]  only discipline or do anything about a handful of judges. In one case, for my recollection,
[24:31.120 --> 24:36.120]  it was 15, it was the high point in one particular year, and the average was almost always under
[24:36.120 --> 24:42.120]  10%. They almost never went after, they never went after appellate court judges or Supreme
[24:42.120 --> 24:48.120]  Court judges or the court of criminal appeals with the exception of the issue about the
[24:48.120 --> 24:59.120]  one criminal appeals court judge that refused to receive a petition for delay of execution,
[24:59.120 --> 25:03.120]  and that was in the news and everything, so that was the one exception there. But they mostly
[25:03.120 --> 25:10.120]  go after JP judges, county court judges, and municipal judges. Out of all of the reports
[25:10.120 --> 25:20.120]  that span that 10 years or more, there were an average of 900 complaints a year, and out
[25:20.120 --> 25:29.120]  of those 9,000 plus complaints we're talking about, not one was turned over for criminal
[25:29.120 --> 25:35.120]  prosecution or to a grand jury. That means no criminal complaints are done. Now, I personally
[25:35.120 --> 25:40.120]  know of a number of these judicial conduct complaints that were filed, and have first-hand
[25:40.120 --> 25:45.120]  knowledge of the crimes committed by the judges and the attorneys in the courtroom with
[25:45.120 --> 25:51.120]  regards to what was going on. And this agency, State Commission on Judicial Conduct, has turned
[25:51.120 --> 25:57.120]  a blind eye to the problem of due process in Texas, and they've allowed the judges to get
[25:57.120 --> 26:04.120]  away with it. They've gotten more brazen, meaning more courts you walk into now if they're inclined
[26:04.120 --> 26:09.120]  towards not following the rules, especially if you don't have a lawyer, they will do it
[26:09.120 --> 26:17.120]  instantly. So you see the true color of the court very quickly. So at this point, we're
[26:17.120 --> 26:25.120]  at that review point. The review process took place last year at the State Commission, Sunset
[26:25.120 --> 26:30.120]  Commission, and the Sunset Commission, again, most agencies are sunset like every 10 to
[26:30.120 --> 26:38.120]  12 years. Judicial conduct was set up for 12 years. The hearings took place. People were
[26:38.120 --> 26:43.120]  given 30 minutes to complain or put whatever they wanted to on record. They were able to
[26:43.120 --> 26:47.120]  submit written comments, and that was what I was really disappointed about, is because
[26:47.120 --> 26:51.120]  I know there's hundreds of people out there over the last 10 years that I've talked to
[26:51.120 --> 26:56.120]  that should have filed complaints and should have filed a report with regards to the Sunset
[26:56.120 --> 27:08.120]  Commission. Not many. The Sunset Commission initial staff recommendations, because there
[27:08.120 --> 27:14.120]  was a difference of opinion between the Sunset Commission and the agency. The agency director,
[27:14.120 --> 27:21.120]  Shauna Willing, an attorney, tried to invoke attorney-client privilege saying that she
[27:21.120 --> 27:26.120]  acted as the lawyer for the commissioners, which all except two are judges. So they were
[27:26.120 --> 27:30.120]  trying to say there was some sort of privilege there going on, and they didn't have to turn
[27:30.120 --> 27:35.120]  over material to the Sunset Commission. What I'm concerned about is that within the context
[27:35.120 --> 27:44.120]  of the documents they wanted to see, I'm fairly sure that really conjured up arguments that
[27:44.120 --> 27:52.120]  were thin in facts were used by the executive director as argument to the commissioners to
[27:52.120 --> 27:59.120]  dismiss complaints against judges. So crimes went unheeded, criminal charges were not filed,
[27:59.120 --> 28:09.120]  and essentially the agency is merely, like I testified on Tuesday, a paper tiger. No teeth,
[28:09.120 --> 28:16.120]  no claws, not any that can do any damage to the agency. Based on that, judges have gotten
[28:16.120 --> 28:20.120]  more brazen about how they mistreat people in court.
[28:20.120 --> 28:28.120]  Let me address one thing that Ken is referring to, that he didn't explain in case we have
[28:28.120 --> 28:36.120]  some listeners that haven't heard this yet. What we are maintaining is that since all but
[28:36.120 --> 28:43.120]  two of the commission, members of the commission are judges, that when a complaint is filed
[28:43.120 --> 28:53.120]  with the commission, if the complaint itself alleges an act that would be construed as
[28:53.120 --> 29:01.120]  a criminal act, for instance, if someone accuses a judge of failing to perform a duty he is
[29:01.120 --> 29:07.120]  required to perform, and in the process denies a citizen in the full and free access to or
[29:07.120 --> 29:17.120]  enjoyment of a right, which I suspect most complaints will be of that nature, or if a judge
[29:17.120 --> 29:24.120]  exerts or purports to exert an authority he does not expressly have, and denies a citizen
[29:24.120 --> 29:30.120]  a right, those would be a violation of 39.03 penal code.
[29:30.120 --> 29:38.120]  And even though that judge is sitting as a commissioner, that judge like a police officer
[29:38.120 --> 29:45.120]  does not stop being a judge just because he is sitting on the commission. Hang on, this
[29:45.120 --> 29:53.120]  is Randy Kelton, Debra Stephens, Eddie Craig, Rue La Radio, call in number 512-646-1984,
[29:53.120 --> 30:00.120]  give us a call, this is our four hour info marathon, we'll be right back.
[30:00.120 --> 30:06.120]  Few people realize today's cameras encode precise GPS location data into your photos,
[30:06.120 --> 30:10.120]  that means an online creep could use your birthday pictures to pinpoint your home,
[30:10.120 --> 30:13.120]  and Dr. Catherine Albrecht details in a moment.
[30:13.120 --> 30:18.120]  Your search engine is watching you, recording all your searches and creating a massive
[30:18.120 --> 30:23.120]  database of your personal information. That's creepy, but it doesn't have to be that way.
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[30:29.120 --> 30:33.120]  make a record of your searches or use tracking cookies, and their third party certified.
[30:33.120 --> 30:37.120]  If you don't like big brother spying on you, start over with StartPage.
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[30:44.120 --> 30:49.120]  These days smartphones with built in cameras are all the rage, but I bet you don't know the information
[30:49.120 --> 30:54.120]  hidden in the photos digital files could invade your privacy. Many new smartphone cameras,
[30:54.120 --> 30:59.120]  geotag photographs and videos with the exact coordinates where the images were taken.
[30:59.120 --> 31:03.120]  Not only are the latitude and longitude numbers recorded, but many include a mapping feature
[31:03.120 --> 31:08.120]  that's like putting a pin on a map. The next time you want to upload a picture of your kids in the pool
[31:08.120 --> 31:13.120]  to Facebook or Twitter, think twice. If you don't want strangers knowing where your children live,
[31:13.120 --> 31:19.120]  review your manufacturer's instructions and disable the geotagging application on your camera.
[31:19.120 --> 31:24.120]  I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com.
[31:24.120 --> 31:29.120]  This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11.
[31:29.120 --> 31:34.120]  The government says that fire brought it down. However, 1,500 architects and engineers have concluded
[31:34.120 --> 31:39.120]  it was a controlled demolition. Over 6,000 of my fellow service members have given their lives.
[31:39.120 --> 31:42.120]  And thousands of my fellow force responders are dying.
[31:42.120 --> 31:46.120]  I'm not a conspiracy theorist. I'm a structural engineer. I'm a New York City correction officer.
[31:46.120 --> 31:50.120]  I'm an Air Force pilot. I'm a father. I'm an air force pilot.
[31:50.120 --> 31:54.120]  I'm a structural engineer. I'm a New York City correction officer. I'm an Air Force pilot.
[31:54.120 --> 31:58.120]  I'm a father who lost his son. We're Americans, and we deserve the truth.
[31:58.120 --> 32:01.120]  Go to RememberBuilding7.org today.
[32:01.120 --> 32:07.120]  It is so enlightening to listen to 90.1 FM, but finding things on the Internet isn't so easy,
[32:07.120 --> 32:10.120]  and neither is finding like-minded people to share it with.
[32:10.120 --> 32:13.120]  Oh, well, I guess you haven't heard of Brave New Books then.
[32:13.120 --> 32:15.120]  Brave New Books?
[32:15.120 --> 32:20.120]  Brave New Books has all the books and DVDs you're looking for by authors like Alex Jones, Ron Paul,
[32:20.120 --> 32:25.120]  and G. Edward Griffin. They even stock Interfood, Berkey products, and Calvin Soaps.
[32:25.120 --> 32:28.120]  There's no way a place like that exists.
[32:28.120 --> 32:33.120]  Go check it out for yourself. It's downtown at 1904 Guadalupe Street, just south of UT.
[32:33.120 --> 32:37.120]  Oh, by UT? There's never anywhere to park down there.
[32:37.120 --> 32:43.120]  Actually, they now offer a free hour of parking for paying customers at the 500 MLK parking facility
[32:43.120 --> 32:45.120]  to find the bookstore.
[32:45.120 --> 32:48.120]  It does exist, but when are they open?
[32:48.120 --> 32:53.120]  Monday through Saturday, 11 a.m. to 9 p.m., and 1 to 6 p.m. on Sundays.
[32:53.120 --> 33:01.120]  So give them a call at 512-480-2503, or check out their events page at bravenewbookstore.com.
[33:01.120 --> 33:12.120]  You're listening to the Logos Radio Network at LogosRadioNetwork.com.
[33:12.120 --> 33:17.120]  Yeah, I got that one rent.
[33:17.120 --> 33:20.120]  And I'm going to solve that.
[33:20.120 --> 33:23.120]  To the government then.
[33:23.120 --> 33:25.120]  I said, you did it.
[33:25.120 --> 33:28.120]  Okay.
[33:28.120 --> 33:31.120]  What's up?
[33:31.120 --> 33:33.120]  Okay, we are back.
[33:33.120 --> 33:38.120]  Randy Kelton, Deborah Stevens here with our special guest, Kid Magnuson.
[33:38.120 --> 33:44.120]  And we were talking about what we maintain is the responsibility of the judges.
[33:44.120 --> 33:49.120]  Now, I'm certain that these judges want to consider that.
[33:49.120 --> 33:55.120]  When they sit on the commission, they take their judges head off.
[33:55.120 --> 33:58.120]  But they're like policemen.
[33:58.120 --> 34:10.120]  I recently was trying to file a criminal complaint against the justice of the peace in Lake Worth with a captain on the sheriff's department.
[34:10.120 --> 34:14.120]  And he said, oh, I'm not going to take that. I'm off duty.
[34:14.120 --> 34:17.120]  And he was, he was out of uniform.
[34:17.120 --> 34:21.120]  I asked him, are you a certified police officer?
[34:21.120 --> 34:22.120]  He said, yes, I am.
[34:22.120 --> 34:25.120]  Then, Bubba, you're never off duty.
[34:25.120 --> 34:28.120]  Well, judges are the same way.
[34:28.120 --> 34:35.120]  And one of the duties of judges is the duty of being a magistrate.
[34:35.120 --> 34:41.120]  And that is a duty from which they can, they may not shield themselves.
[34:41.120 --> 34:45.120]  If a magistrate is in bed at two o'clock in the morning.
[34:45.120 --> 35:00.120]  And the police arrest a really, really bad guy that they don't want to lose over due process, they'll come and bang on that magistrate's door and ask him to issue a warrant for this person's arrest.
[35:00.120 --> 35:07.120]  And this is a duty, you know, the magistrate can complain about it, but it's his duty.
[35:07.120 --> 35:19.120]  Under Article 2.10, Code of Criminal Procedure, the magistrate's duty is to keep peace in the state of Texas using all legal means.
[35:19.120 --> 35:31.120]  And the primary duty of a magistrate is to sit for the purpose of examining into criminal accusations.
[35:31.120 --> 35:43.120]  When you file a judicial conduct complaint against a judge with the commission, that's intended as an administrative complaint.
[35:43.120 --> 36:09.120]  But if the verbiage of the complaint amounts to a accusation of behaviors that are defined as a crime under the penal laws of the state of Texas, the duty of that judge's magistrate is in, I'm sorry, that judge's magisterial duty is evoked.
[36:09.120 --> 36:16.120]  The judge's commissioner's hat comes off and his magistrate's hat comes on.
[36:16.120 --> 36:28.120]  A judge does not get to ignore criminal acts just because he's sitting as a commissioner.
[36:28.120 --> 36:44.120]  And that's what we were referring to. I've gotten a number of people to start filing judicial conduct complaints with criminal affidavits attached.
[36:44.120 --> 36:48.120]  And that's the precise reason that we've done this.
[36:48.120 --> 36:58.120]  Normally when a magistrate is presented with a verified criminal affidavit, that invokes his duty.
[36:58.120 --> 37:06.120]  So along with the judicial conduct complaints, we'll be submitting verified criminal affidavits.
[37:06.120 --> 37:14.120]  The judge cannot come back later and say, oh my goodness, gee whiz, I did not realize that was my duty.
[37:14.120 --> 37:29.120]  That's why I sent a set of verified criminal complaints to the Chief Justice of the Supreme, attached to a motion to disqualify the head administrative judge of the district.
[37:29.120 --> 37:35.120]  The Chief Justice of the Supreme failed to act on those verified criminal affidavits.
[37:35.120 --> 37:50.120]  Now, what's he going to say? Oh gee whiz, I didn't realize I was a magistrate. Well, 2.09 Texas Code of Criminal Procedure titled Who Are Magistrates?
[37:50.120 --> 37:55.120]  First one, Justices of the Supreme Court.
[37:55.120 --> 38:03.120]  They don't get to only perform their duty when it pleases them.
[38:03.120 --> 38:13.120]  And this is the position that we're taking. So I did want to finish that up so that that made sense. This is one of the reasons we're going after them.
[38:13.120 --> 38:17.120]  Did I handle that, Ken? Is there anything I missed?
[38:17.120 --> 38:20.120]  No, that sounded good.
[38:20.120 --> 38:28.120]  That could be the first time Ken's told me that something I said sounded good. I want to mark this down for future reference.
[38:28.120 --> 38:33.120]  You actually annunciated rewards too.
[38:33.120 --> 38:44.120]  Well, I've got a new mic with a, I'm running through the mixer so I can hear what I'm saying. And that has made a lot of difference.
[38:44.120 --> 38:48.120]  I sound a whole lot different when I can hear myself.
[38:48.120 --> 39:04.120]  Okay, now we have issues with the commission and there is a proposed amendment before the commission and before the legislature now.
[39:04.120 --> 39:08.120]  Will you explain that proposed amendment, Ken?
[39:08.120 --> 39:19.120]  Well, the amendment actually hasn't been drafted yet. There's a discussion about what that amendment's going to contain. But that's why we have a window of opportunity to offer our amendments as well.
[39:19.120 --> 39:31.120]  And I had a lengthy conversation with Senator Huffman, the sponsor of the Senate bill, her legislative aide on Tuesday.
[39:31.120 --> 39:42.120]  We discussed the length and I'm going to bring him material when we come down there on Monday. I've already sent him a copy of my suggested changes and anybody can download that off the sunset page.
[39:42.120 --> 39:57.120]  The sunset commission page and you look up judicial conduct and you'll see the witness list for April of 2012 and you'll see a list and you'll see my name, Ken Magnuson, and there will be a document there that you can download.
[39:57.120 --> 40:10.120]  And that's the document I submitted to the committee, the legislative committee on Tuesday with regards to Senate Bill 209, which is the reauthorization bill for the agency.
[40:10.120 --> 40:19.120]  Now let's talk about that reauthorization bill a little bit. There's a couple things that one of the things, as I read through it, rather quickly looking for some significant changes.
[40:19.120 --> 40:30.120]  And one of the things that I missed was I apparently missed the part where they're going to change the sunset and they're going to sunset this agency again in six years instead of 12.
[40:30.120 --> 40:45.120]  They're also going to require that the agency conducts annual public hearings. That's a good thing that will give the people an opportunity to go down there and talk to the agency and get on record their complaints.
[40:45.120 --> 40:52.120]  So that's a part of the problem, but it really doesn't go far enough to address the issue.
[40:52.120 --> 41:05.120]  The major problem with judicial conduct, which I discussed with the House Committee in 2001 chaired by State Representative HOSA, was we talked about fines.
[41:05.120 --> 41:14.120]  And that's what should be there. There is no significant penalty except being asked to resign from the bench or being removed from the bench by the Supreme Court.
[41:14.120 --> 41:22.120]  And that rarely happens in this state. This state has something on the order of 7,000 judges in total.
[41:22.120 --> 41:31.120]  And out of those to have only a handful of five or six or seven have to resign in any given year because of their misconduct seems a little thin.
[41:31.120 --> 41:37.120]  We have the same population base that New York does. We have just about the same number of judges.
[41:37.120 --> 41:46.120]  And they have a budget for their judicial conduct commission that's 10 times, and they also remove from the bench almost 10 times as many judges.
[41:46.120 --> 42:01.120]  So we can definitely see that the ability to investigate and actually find judges guilty of some sort of misconduct and remove them from the bench in an active way is definitely tied to the funding the agency gets.
[42:01.120 --> 42:11.120]  But in addition to that, the agency itself seems recalcitrant to really do anything because we've got judges sitting on the panel.
[42:11.120 --> 42:18.120]  Now, this all sounds great. Well, judges understand other judges. Yeah, but it sounds like whitewashing any other way.
[42:18.120 --> 42:33.120]  If the public has to be considered about a crime in front of a grand jury and has to go into trial in front of a jury, a jury should be good enough for judges.
[42:33.120 --> 42:45.120]  The issue then is whether or not they feel that their failures on the bench are miniscule by comparison to what's been alleged.
[42:45.120 --> 42:50.120]  The primary thing I look at is what are they actually disciplining them for now?
[42:50.120 --> 42:57.120]  And what they're disciplining them for now is what we consider extrajudicial misbehavior.
[42:57.120 --> 43:09.120]  What I mean by extrajudicial, that means outside of the judicial process, this commission has done absolutely nothing to judges while they're on the bench and acting as a judge on the bench.
[43:09.120 --> 43:24.120]  They disregarded every complaint regarding the abuse of power, the failure to follow statutory law, the failure to give due process, the abusive nature of how they treat the person litigants before the court,
[43:24.120 --> 43:31.120]  mainly prosalitigants, those are people without representation, and selective attorneys that they dislike.
[43:31.120 --> 43:40.120]  This goes on over and over and over again and this commission does nothing about it, and that needs to be changed.
[43:40.120 --> 43:47.120]  Okay, this is Randy Kelton, Deborah Stevens, Eddie Craig, we're off our radio.
[43:47.120 --> 43:51.120]  If you have a comment on this issue, give us a call.
[43:51.120 --> 43:54.120]  If you've had a bad experience with a judge, we'd like to hear about it.
[43:54.120 --> 44:01.120]  Our calling number 512-646-1984, we'll be right back.
[44:01.120 --> 44:11.120]  Mr. President, members of Congress, you've been making a lot of noise about taking our guns away, but you might want to review history.
[44:11.120 --> 44:20.120]  1835, Gonzales, Texas Territory, the authorities wanted to confiscate the big gun that protected that colony.
[44:20.120 --> 44:29.120]  You know what the people said? Come and take it, because they were willing to fight for their freedom and their guns.
[44:29.120 --> 44:30.120]  So are we.
[44:30.120 --> 44:36.120]  Come and take it if you want it. Come and take it if you think you can.
[44:36.120 --> 44:43.120]  Come and take it, but I want you. You'll have to bribe for my cold hands.
[44:43.120 --> 44:49.120]  We want the freedom that God gave us, so you best not cross that line.
[44:49.120 --> 44:54.120]  If you want this gun, you've got to come through and take it.
[44:54.120 --> 45:00.120]  One shot at a time, just like Gonzales, we're keeping our guns.
[45:00.120 --> 45:04.120]  Are you the plaintiff or defendant in a lawsuit?
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[45:23.120 --> 45:28.120]  Thousands have won with our step-by-step course, and now you can too.
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[45:43.120 --> 45:52.120]  You'll receive our audio classroom, video seminar, tutorials, forms for civil cases, prosa tactics, and much more.
[45:52.120 --> 45:56.120]  Please visit ruleoflawradio.com and click on the banner.
[45:56.120 --> 46:24.120]  Or call toll-free 866-LAW-E-Z.
[46:24.120 --> 46:30.120]  Always, I must be careful what I'm wishing for.
[46:30.120 --> 46:35.120]  When I'm hungry, I like to know just what I'm wishing for.
[46:35.120 --> 46:41.120]  I ain't asking for much, I ain't trying to be no blood.
[46:41.120 --> 46:44.120]  I'm just here making my living.
[46:44.120 --> 46:54.120]  Okay, we are back. Randy Kelton, Debra Stevens, rule of law radio here with our special guest, Ken Magnuson.
[46:54.120 --> 47:13.120]  And since the door seems to be open for suggestions for changes, what changes or adjustments or improvements would you like to see to the commission?
[47:13.120 --> 47:23.120]  Well, that was what we were on the edge of about the fact that the commission doesn't go after anybody with regards to the judicial process.
[47:23.120 --> 47:38.120]  There needs to be a process where you can file an emergency motion with your complaint to the commission and the commission could issue some sort of stay or abatement in the case until such time as they can hear the issue.
[47:38.120 --> 47:48.120]  And they should have to hear the issue very quickly. And they should act almost as a quasi-appellate court and look at the issues that are brought before it.
[47:48.120 --> 47:56.120]  And it's clearly the trial court is not following statutory law and it impedes on someone's rights.
[47:56.120 --> 48:02.120]  And they've raised the issue at this point about those rights and about the loss of due process.
[48:02.120 --> 48:08.120]  That's the point at which they should then suspend the judge from the bench.
[48:08.120 --> 48:16.120]  There should be criminal charges for whatever official question, abuse of power, whatever we want to call it at that point.
[48:16.120 --> 48:23.120]  If this has been continual and it's been ramped up because they filed complaints, that's retaliation.
[48:23.120 --> 48:40.120]  And I think at that point the commission should then have an issue to stay and in order to remove the judge pending a hearing with regards to removal, then prepare criminal charges and forward them to the district attorney's office.
[48:40.120 --> 48:50.120]  And I think there ought to be concurrent jurisdiction with the attorney general because the biggest problem we're finding out there with bad judges is it's usually not just the bad judges.
[48:50.120 --> 48:56.120]  It's all bad judges. Maybe there's one or two judges that don't do it. They don't participate. They're just on the outside.
[48:56.120 --> 49:07.120]  And there's also a corrupt district attorney, a corrupt county attorney, a corrupt district clerk, and essentially you can't find anybody that follows the rules within the process.
[49:07.120 --> 49:22.120]  So bringing the complaint to the district attorney in the very county that that judge operates in seems like I'm looking for a superlative here and I can't come up with one.
[49:22.120 --> 49:29.120]  But I mean, this is like having the bandits guard the bullion.
[49:29.120 --> 49:31.120]  Fox in the in-house.
[49:31.120 --> 49:35.120]  Absolutely. I kill a few more metaphors.
[49:35.120 --> 49:38.120]  Okay, I have a suggestion.
[49:38.120 --> 49:48.120]  While you were talking about that, I was trying to think of what we already had available that we could craft as a remedy.
[49:48.120 --> 50:12.120]  Under chapter 52 of the Texas Code of Criminal Procedure titled Court of Inquiry, courts of inquiry conducted by district judges when a judge of any district court of this state acting in his capacity as a magistrate has probable cause to believe that an offense has been committed against the laws of this state.
[50:12.120 --> 50:20.120]  May request that the presiding judge of the administrative district appoint a district judge to commence a court of inquiry.
[50:20.120 --> 50:49.120]  How about we propose and a slight adjustment to this particular article to say that when a judge of any district court of this state acting in his capacity as a magistrate or a member of the Texas Commission on Judicial Conduct has probable cause to believe.
[50:49.120 --> 51:04.120]  Give the commission the authority to petition for a court of inquiry.
[51:04.120 --> 51:08.120]  Let me let me go on and read this.
[51:08.120 --> 51:19.120]  5201. The whole chapter is essentially, it's just a couple of articles, and it's primarily 5201.
[51:19.120 --> 51:36.120]  Before requesting the presiding judge to appoint a district judge to commence court of inquiry, a judge must enter into the minutes of his court as sworn affidavit stating the substantial facts establishing probable cause that a specific offense has been committed against the laws of the state.
[51:36.120 --> 51:48.120]  And we have been suggesting that people when they file a complaint with the state commission include an verified affidavit.
[51:48.120 --> 52:03.120]  After the affidavit has been entered into the minutes of his court and a copy filed with the district clerk the judge shall request the presiding judge of the administrative judicial district in which the affidavit is filed to appoint a judge to commence the court of inquiry.
[52:03.120 --> 52:10.120]  The judge appointed to commence the court of inquiry shall issue a written order commencing the court of inquiry and stating its scope.
[52:10.120 --> 52:19.120]  The presiding judge shall not name the judge who requests the court of inquiry to preside over the court of inquiry.
[52:19.120 --> 52:39.120]  Generally, this chapter is used specifically for accusations against public officials because a judge sitting as a magistrate, if he has reason to believe somebody's committed crime, his duties are already very clear and very well adjudicated.
[52:39.120 --> 52:53.120]  This one was put in primarily for judges when they had reason to believe that public officials were pulling shenanigans.
[52:53.120 --> 53:13.120]  So this seems to be ideally suited to give the commission the teeth it needs. When I spoke before the Senate subcommittee, I can spoke against the changes.
[53:13.120 --> 53:23.120]  I spoke in favor of them, but neither one of us were really in favor or against because there wasn't enough there to really amount to anything.
[53:23.120 --> 53:34.120]  But I spoke in favor because I felt like we needed to, in order to get a commission that was functional, we needed two things.
[53:34.120 --> 53:49.120]  We needed to give the commission sharper teeth and we needed to give the commission plausible deniability by stricter and more stringent oversight.
[53:49.120 --> 54:17.120]  And this proposed amendment, wherein the commission was required to make their records available to the House and Senate subcommittees or to the legislature, would give them a degree of oversight that would give them the plausible deniability that they needed.
[54:17.120 --> 54:30.120]  So when a judge in a high position comes to them and says, look guys, you know, I got all of this political power, you better not be careful what you do or you might have me after you.
[54:30.120 --> 54:37.120]  And then they tell him, look guys, I'd rather have you after me than the legislature.
[54:37.120 --> 54:47.120]  And do you want what you're telling us to be examined by the legislature, plausible deniability?
[54:47.120 --> 55:02.120]  And if they could petition for court of inquiry, this would be a simple way to thread in the teeth that they need to bring things to somewhat better effect.
[55:02.120 --> 55:05.120]  What do you think about that, Ken?
[55:05.120 --> 55:10.120]  Well, I'd have to look at all of the detail language. I think the biggest issue is the court of inquiry.
[55:10.120 --> 55:21.120]  Once somebody has sworn the affidavit and it amounts to clear violations of statute, one of the problems we have is that issue.
[55:21.120 --> 55:34.120]  Okay, if we have a statute where a judge shall do something or the judge shall provide for due process and there's a string of process that happens which denies a person due process.
[55:34.120 --> 55:41.120]  And essentially they're recalcitrant to follow any procedures to deny the person access to the court.
[55:41.120 --> 55:49.120]  I think once that it's been, there's a prima facie affidavit staying in happen, there shouldn't be any discretion for the court of inquiry.
[55:49.120 --> 56:03.120]  It should be mandatory. And it should be subject to the fact if the commission doesn't assign a court of inquiry that the party that's agreed, you know, that loses that request for the court of inquiry
[56:03.120 --> 56:07.120]  should go to the appellate court with the mandamus and request that they mend.
[56:07.120 --> 56:20.120]  And then you've got to specify that the mandamus is not discretionary in this case and allow them to skip the appellate court, allow them to go state to the Supreme Court if they choose, if they feel the emergency is of significance
[56:20.120 --> 56:32.120]  or that there's political combinations within the court of appeals that shows that they're not going to be, you know, received well with a request for court of inquiry.
[56:32.120 --> 56:43.120]  I think we could craft a compelling argument for either this issue or something similar.
[56:43.120 --> 56:57.120]  When I first read this court of inquiry chapter, a court of inquiry sounds very much like an examining trial.
[56:57.120 --> 57:13.120]  When a magistrate has reasonable, has someone present a criminal affidavit to him, he's directed to hold a, sit for an examining court.
[57:13.120 --> 57:17.120]  And that's under 211 code of criminal procedure.
[57:17.120 --> 57:36.120]  Let me back up. Article 2.10 makes it the duty of magistrates to keep the peace. Articles 2.11 states that when a magistrate sits for the purpose of examining into a criminal accusation, that is an examining court.
[57:36.120 --> 57:47.120]  Examining courts are governed by chapter 16, a whole chapter on what a magistrate is to do when he holds an examining court.
[57:47.120 --> 57:58.120]  But essentially, it has to read in their rights and offer in counsel and all these things to ensure due process.
[57:58.120 --> 58:10.120]  The court of inquiry looks very similar, except it seems to have a special purpose and the special purpose exactly suits what we need.
[58:10.120 --> 58:16.120]  This is Randy Kelton, Deborah Stevens. We're going to our top of the hour break.
[58:16.120 --> 58:23.120]  Our call lines are open. The call in number is 512-646-1984.
[58:23.120 --> 58:32.120]  When we get back, we're going to continue looking for options we can propose to the legislators.
[58:32.120 --> 58:41.120]  We have all these new legislators. They all want to pass laws. Let's see if we can't give them some good ones to get past.
[58:41.120 --> 58:50.120]  Okay, we'll be right back on the other side.
[58:50.120 --> 58:54.120]  Would you like to make more definite progress in your walk with God?
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[01:00:03.120 --> 01:00:15.120]  You're listening to The Liberty Beats, your daily source for Liberty News and activist updates online at dlibertybeats.com.
[01:00:15.120 --> 01:00:19.120]  John Bush here with your Liberty Beat for April 5, 2013.
[01:00:19.120 --> 01:00:27.120]  Gold open today at $1564. Silver at $27.13 and Bitcoin is trading at $138.
[01:00:27.120 --> 01:00:31.120]  Today's edition of The Liberty Beat is sponsored and part by Tomorrow's Meals Today.com.
[01:00:31.120 --> 01:00:37.120]  South Boston Market Days every Saturday from 3 to 7 p.m. at 10106 Manchak Road.
[01:00:37.120 --> 01:00:43.120]  And by Silver Circle Movie, special screening Thursday, April 18th at Flix Brewhouse in Round Rock, Texas.
[01:00:43.120 --> 01:00:47.120]  Information at silvercirclemovie.com. And now the news.
[01:00:47.120 --> 01:00:53.120]  Government documents obtained by the Partnership for Civil Justice Fund through its FOIA records request reveal
[01:00:53.120 --> 01:00:58.120]  that the Department of Homeland Security, an agency created after the September 11th attacks
[01:00:58.120 --> 01:01:05.120]  under the rubric of combating terrorism, conducts daily monitoring of peaceful, lawful protests as a matter of policy.
[01:01:05.120 --> 01:01:11.120]  Functioning as a secret political police force against people participating in lawful, peaceful, free speech activity,
[01:01:11.120 --> 01:01:17.120]  the heavily redacted documents show that the DHS Threat Management Division, directed by regional intelligence analysts
[01:01:17.120 --> 01:01:23.120]  to provide daily intelligence briefings that include a category on reporting on peaceful activist demonstrations
[01:01:23.120 --> 01:01:29.120]  along with domestic terrorist activity.
[01:01:29.120 --> 01:01:34.120]  The state of Maryland's Watershed Protection and Restoration Program passed the legislature last year,
[01:01:34.120 --> 01:01:40.120]  mandating Howard County residents to pay an annual fee of $105 for stormwater management.
[01:01:40.120 --> 01:01:44.120]  The state and local governments, along with volunteer fire companies, will remain exempt from this fee.
[01:01:44.120 --> 01:01:51.120]  The county expects to raise around $130 million over the next five years to pay for stormwater restoration projects,
[01:01:51.120 --> 01:02:00.120]  taxes on naturally occurring elements continue to be imposed on citizens around the country.
[01:02:00.120 --> 01:02:05.120]  The International Dairy Foods Administration and the National Milk Producers Federation have filed a petition
[01:02:05.120 --> 01:02:12.120]  asking the FDA to approve the addition of chemical sweeteners, aspartame and sucralose to the ingredients of milk.
[01:02:12.120 --> 01:02:16.120]  These new additions would essentially change the definition of milk and would not require labeling.
[01:02:16.120 --> 01:02:23.120]  Other dairy products such as yogurt, eggnog, and whipping cream would also be included.
[01:02:23.120 --> 01:02:30.120]  Support for the Liberty Beat comes from PureRainUSA.com, chemical and fluoride-free bottled water available at Whole Foods and Central Market,
[01:02:30.120 --> 01:02:41.120]  and by Central Texas Gun Works, self-defense training, CHL courses and firearm sales, online at CentralTexasGunWorks.com.
[01:02:41.120 --> 01:02:51.120]  This is the Liberty Beat for April 5, 2013. Like us on Facebook at facebook.com slash the Liberty Beat.
[01:03:11.120 --> 01:03:26.120]  I read his book and it says, cares not for the unsightly. These warm arms will come by that time of Friday.
[01:03:26.120 --> 01:03:35.120]  I will pay for the war with my life. I ain't gonna pay for their car with my money.
[01:03:35.120 --> 01:03:42.120]  Okay, we are back. Randy Kelton, Deborah Stevens from Rule of Law Radio here with our special guest, Ken Magnuson.
[01:03:42.120 --> 01:03:56.120]  And when we went out, we were talking about changes we could suggest to the legislators to institute to improve the commission.
[01:03:56.120 --> 01:03:59.120]  Okay.
[01:03:59.120 --> 01:04:01.120]  I've got a list.
[01:04:01.120 --> 01:04:03.120]  Okay, go ahead, Ken.
[01:04:03.120 --> 01:04:11.120]  This is the list right off the paper that I handed into the – submitted as my white paper to the Sunset Commission.
[01:04:11.120 --> 01:04:18.120]  I always already handed out copies of this to members of the Senate Committee on Judiciary.
[01:04:18.120 --> 01:04:24.120]  So the first list that I have about judicial conduct is number one is transparency.
[01:04:24.120 --> 01:04:27.120]  Most judges are elected and all appellate court judges are elected.
[01:04:27.120 --> 01:04:32.120]  There's an overriding public interest and necessity to have all complaints remain public.
[01:04:32.120 --> 01:04:48.120]  The system as designed by good old boys has a closer resemblance to a Soviet-style system than to the one that propagandizes openness and public access with clear visibility.
[01:04:48.120 --> 01:04:54.120]  Number two, frequent sunset reviews. I've already addressed that. They shortened it by half.
[01:04:54.120 --> 01:05:02.120]  I've done it every three years, but actually in my suggestion here, I'd say every two years until I fix the agency.
[01:05:02.120 --> 01:05:12.120]  Three, reports by officials that all reports on the judiciary by the Texas officials on all aspects of the system for financials operational are done under oath.
[01:05:12.120 --> 01:05:20.120]  Right now, there's an annual report that's done by the Supreme Court to the legislature, and it's essentially an eight-page puff piece.
[01:05:20.120 --> 01:05:27.120]  I'm going to tell you right now that puff piece language came from one of the legislators I talked to.
[01:05:27.120 --> 01:05:32.120]  So they're already well aware that this is just nothing but blowing smoke.
[01:05:32.120 --> 01:05:38.120]  Number four, complaint response.
[01:05:38.120 --> 01:05:53.120]  That any complaints about conduct of a judge or administrative hearing officer be answered under oath by the accused. Additional statutes requiring full and frank cooperation with an investigation shall require complete answers by the accused.
[01:05:53.120 --> 01:06:01.120]  An invocation of the Fifth Amendment against self-incrimination shall be the administrative equivalence of resignation from office.
[01:06:01.120 --> 01:06:09.120]  If resignation becomes effective on the date of invocation, either in oral testimony or in writing.
[01:06:09.120 --> 01:06:17.120]  That's kind of how they treat police officers. Police officers have the right to remain silent, but they have to cooperate fully with internal affairs.
[01:06:17.120 --> 01:06:26.120]  And if they don't, and they want to protect their rights because they think they may have actually committed a crime, as soon as they invoke the Fifth Amendment, that's the end of it.
[01:06:26.120 --> 01:06:29.120]  Their career is over. They've just resigned.
[01:06:29.120 --> 01:06:42.120]  State official or a public official, I don't have a problem with the idea that you have the right to invoke the Fifth Amendment, but I don't believe that you can remain a public official and invoke that right.
[01:06:42.120 --> 01:06:49.120]  Well, I don't think you can revoke that. You can claim that right when you're on my clock.
[01:06:49.120 --> 01:07:04.120]  Yeah, same thing, different words. So the next part of this is response to be sent to the complainant, that any and all responses from the accused or their counsel that if true and correct copy be immediately sent to the complainant,
[01:07:04.120 --> 01:07:11.120]  complainant shall get not less than 30 days to respond with a rebuttal or supplementary complaints or amendments.
[01:07:11.120 --> 01:07:20.120]  And that's one of the things right now is the complaint goes in and essentially goes into the bit bucket, as we refer to in the computer industry.
[01:07:20.120 --> 01:07:26.120]  As one person described it, it's right only memory.
[01:07:26.120 --> 01:07:42.120]  The next dismissal requires a hearing that any motion request either by the accused or the commission shall be heard before a commission panel or jury that the complainant receives a copy of the motion to dismiss with not less than 21 days notice before scheduled hearing,
[01:07:42.120 --> 01:07:53.120]  that the complainant may request a list of witnesses that would be compelled to testify by subpoena, that the hearing will be conducted by telephone or internet to defray travel expenses for witnesses.
[01:07:53.120 --> 01:08:00.120]  The complaintant and the accused and the accused, that the hearings will be recorded.
[01:08:00.120 --> 01:08:07.120]  Transcripts, transcripts of the original hearings or trials shall be obtained at the expense of the commissioners.
[01:08:07.120 --> 01:08:14.120]  Commission copies will be provided at a statutory cost of 20 cents per page to both the accused and the complainant.
[01:08:14.120 --> 01:08:34.120]  The transcripts will become part of the record. A party determined to be indigent or having filed an uncontested motion under Texas Rules of Civil Procedure Rule 145 or Texas Rules of Appellate Procedure 20.1 will be not required to pay for any costs associated with copying subpoenas or jury fees.
[01:08:34.120 --> 01:08:37.120]  Jury. This is a big part of it.
[01:08:37.120 --> 01:08:47.120]  I think juries are out there for everybody. You know, if you ask to go to before a judge, it's because usually because you're allocuting or you trust the judge or the attorney trusts the judge.
[01:08:47.120 --> 01:08:58.120]  But anybody has the right to a jury. Why not have a complainant be able to ask for a jury? Any party did the complaint, the accused, the complainant or the commission may request a jury of 12.
[01:08:58.120 --> 01:09:08.120]  Jury fee will be paid by the party making the request. The jury shall hear and determine issues related with dismissal motions and trial on the merits.
[01:09:08.120 --> 01:09:14.120]  Summary judgment motions and demers shall not be constituted, not be considered by the commission.
[01:09:14.120 --> 01:09:29.120]  The jury may determine simple misconduct, intentional misconduct, malicious misconduct and shall determine if opposing counsel from the original trial court was participatory in urging the court to make unlawful rulings or determinations.
[01:09:29.120 --> 01:09:39.120]  This determination shall serve as a new cause of action against counsel found to be an accessory to the unlawful acts committed by the judge.
[01:09:39.120 --> 01:09:49.120]  If a crime was found to have been committed, a complaint shall be draft and forwarded to the clerk of the court of proper jurisdiction for immediate presentment to the grand jury.
[01:09:49.120 --> 01:09:58.120]  Consideration. The determination by the jury or the commission shall be probable cause as required for a criminal complaint.
[01:09:58.120 --> 01:10:01.120]  So, there you go.
[01:10:01.120 --> 01:10:06.120]  That's pretty inclusive.
[01:10:06.120 --> 01:10:10.120]  Yep. I think that would do the job.
[01:10:10.120 --> 01:10:15.120]  And then the next part of this, it goes along with it, required removal.
[01:10:15.120 --> 01:10:24.120]  A judge or hearing officer found guilty of malicious misconduct shall be immediately removed from the bench subject to reinstatement if a successful appeal occurs.
[01:10:24.120 --> 01:10:35.120]  Number 10, recommended removal. A judge or hearing officer found guilty of intentional misconduct shall be removed by recommendations of the jury.
[01:10:35.120 --> 01:10:43.120]  If not recommended to be removed by the jury, the commission on its own discretion may remove or suspend as required by the code.
[01:10:43.120 --> 01:10:59.120]  Number 11, suspension. A judge or hearing officer found guilty of simple misconduct where there was reasonable explanation for abuse of discretion or procedural rules shall be suspended without pay for a period necessary to complete mandatory remedial legal training.
[01:10:59.120 --> 01:11:10.120]  Will be reinstated after successful completion of such training and accredited university law school upon request or after a hearing.
[01:11:10.120 --> 01:11:18.120]  Number 12, fines. A fine and cost shall be imposed by the jury on all found guilty.
[01:11:18.120 --> 01:11:33.120]  The amounts to be equally split between the state of Texas and the harmed party assume to be the complainant unless a non-party in the original proceeding filed the complaint as a third party in the misconduct.
[01:11:33.120 --> 01:11:50.120]  A judge or hearing officer found guilty of any misconduct but found to be incompetent either by mental defect or drug or alcohol abuse shall be removed for a period of not less than that time necessary for successful completion of treatment at a recognized rehabilitation facility
[01:11:50.120 --> 01:11:54.120]  or the determination to be free of mental defects.
[01:11:54.120 --> 01:12:10.120]  The hearing statement will only be by application and hearing before the commission. Notice of this hearing will be sent with not less than 21 days to all complainants. The complainants may testify at the hearing or object in writing which shall be read into the record.
[01:12:10.120 --> 01:12:25.120]  I think that pretty much covers that but hearing officers, the jurisdiction of the commission shall be expanded to include hearing officers or tribunal members as made to be defined by the Texas administrative code or codes.
[01:12:25.120 --> 01:12:40.120]  I'm trying to, in this area, I'm suggesting that we include, there's a lot of state agencies out there that do administrative hearings and I'm going to tell you right now that the deck has been stacked against the public who goes before these administrative judges that work for the state of Texas
[01:12:40.120 --> 01:12:55.120]  and usually the ultimate decision is made by three commissioners, two of who are not impartial and one that is impartial and essentially you lose the hearings all the time like two to one vote, two to one vote and it's not based on law, it's based on politics.
[01:12:55.120 --> 01:13:09.120]  But if a hearing officer denies due process in the process of doing the hearing, I think that's an independent issue and it's just like a judge doing it and the hearing officer should lose their job from it and be barred from ever being a hearing officer again.
[01:13:09.120 --> 01:13:16.120]  I think that would change the attitude of some of these hearing officers at various state agencies that have these tribunal hearings.
[01:13:16.120 --> 01:13:26.120]  Are these hearing officers subject to these judicial proceedings the way judges are or is there a different procedure?
[01:13:26.120 --> 01:13:45.120]  Not now, there'd have to be a statutory change to give additional jurisdiction but essentially hearing officer at the Texas Workforce Commission or the insurance board or on and on and on all of these various administrative hearing processes that are out there, these people are acting as a judge.
[01:13:45.120 --> 01:13:52.120]  Most of them are attorneys and they actually have to make a determination of law and facts and so forth.
[01:13:52.120 --> 01:14:12.120]  And the problem is that they've been, in many cases, hired because they are either instructed or they get the impression that the predetermined outcome is based on politics, meaning that unless the other side blorts out the truth and says we screwed up and did something wrong,
[01:14:12.120 --> 01:14:23.120]  the member of the public, the unemployed or the person that's got an insurance policy will always lose those cases before the commission.
[01:14:23.120 --> 01:14:26.120]  Do we have any statistics on that?
[01:14:26.120 --> 01:14:30.120]  Nope.
[01:14:30.120 --> 01:14:47.120]  Well, a lot of that can't be private because workers' compensation and unemployment is confidential from the standpoint that if the general public could get those rulings, then the individual names of those people involved in those hearings.
[01:14:47.120 --> 01:14:58.120]  Employers in the past, we're going off in a little bit of tangent here, but employers in the past, I have to explain a little bit about the workers' compensation system.
[01:14:58.120 --> 01:15:11.120]  Workers' compensation was set up in Texas primarily to allow for employees to be paid and get medical treatment immediately upon being injured on the job without having to prove negligence.
[01:15:11.120 --> 01:15:19.120]  Normally, if you're going to sue your employer for medical because they were negligent in how they maintained the facility, you would have to have a whole trial and everything.
[01:15:19.120 --> 01:15:32.120]  And what that does is runs up costs for number one and number two, it creates a long delay in medical treatment and allows the employer to discriminate against the employee who may be injured and can't work.
[01:15:32.120 --> 01:15:37.120]  So workers' compensation was invented to essentially say no fault.
[01:15:37.120 --> 01:15:46.120]  Whatever the reason was, you're injured, you're injured, you go and get medical treatment and then we determine when you come back to work and what you're going to be paid in the interim.
[01:15:46.120 --> 01:15:58.120]  So the issue there is that the process is set up in order to minimize the court interaction that has to occur.
[01:15:58.120 --> 01:16:11.120]  Now, in the process of setting that up, they now have an administrative process in place with a tribunal judge that makes a determination of whether or not there's been, you know, whatever happened.
[01:16:11.120 --> 01:16:20.120]  The issue is that in the past, employers would ask on work applications if you were applying for work, have you ever filed a workers' compensation claim?
[01:16:20.120 --> 01:16:26.120]  If you lied and they got the information, they won't hire you or they'll fire you later.
[01:16:26.120 --> 01:16:39.120]  So it's discriminatory to practice to have this information and deny employment merely because you got a splinter in your hand and you went and got a tetanus shot with a former employer.
[01:16:39.120 --> 01:16:49.120]  All of a sudden, now the new employer or prospective employer is investigating into your medical records and that created an untenable situation.
[01:16:49.120 --> 01:16:55.120]  So, okay, hold on, we're about to go to break. This is Randy Kelton, David Stevens and Craig, move our radio.
[01:16:55.120 --> 01:17:00.120]  I'll call in number 512-646-1984.
[01:17:00.120 --> 01:17:09.120]  It is so enlightening to listen to 90.1 FM, but finding things on the Internet isn't so easy and neither is finding like-minded people to share it with.
[01:17:09.120 --> 01:17:12.120]  Oh, well, I guess you haven't heard of Brave New Books then.
[01:17:12.120 --> 01:17:13.120]  Brave New Books?
[01:17:13.120 --> 01:17:20.120]  Yes, Brave New Books has all the books and DVDs you're looking for by authors like Alex Jones, Ron Paul and G. Edward Griffin.
[01:17:20.120 --> 01:17:24.120]  They even stock Interfood, Burkey products and Calvin Soap.
[01:17:24.120 --> 01:17:26.120]  There's no way a place like that exists.
[01:17:26.120 --> 01:17:32.120]  Go check it out for yourself. It's downtown at 1904 Guadalupe Street just south of UT.
[01:17:32.120 --> 01:17:35.120]  Oh, by UT? There's never anywhere to park down there.
[01:17:35.120 --> 01:17:43.120]  Actually, they now offer a free hour of parking for paying customers at the 500 MLK parking facility just behind the bookstore.
[01:17:43.120 --> 01:17:47.120]  It does exist, but when are they open?
[01:17:47.120 --> 01:18:01.120]  Monday through Saturday, 11 a.m. to 9 p.m. and 1 to 6 p.m. on Sundays, so get them a call at 512-480-2503 or check out their events page at bravenewbookstore.com.
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[01:19:01.120 --> 01:19:11.120]  This is the Logos Radio Network.
[01:19:32.120 --> 01:19:41.120]  Okay, we are back. Randy Kelton, Debra Stevens, Rue Blau Radio.
[01:19:41.120 --> 01:19:54.120]  And we are here with our special guest, Ken Magnuson, and we're talking about the State Commission on Judicial Conduct and the Sunset Hearings that are going on as we speak.
[01:19:54.120 --> 01:19:57.120]  Okay, back to our list, Ken.
[01:19:57.120 --> 01:20:05.120]  Well, let me correct that. The Sunset Hearings aren't occurring. What's happening is there's a discussion in the legislature about the reauthorization bill.
[01:20:05.120 --> 01:20:19.120]  The Sunset's already done. The recommendation by the Commission was filed last year and essentially based on the bill that's out there right now, I would say they didn't really pay much attention to what the Sunset Commission had to say.
[01:20:19.120 --> 01:20:29.120]  With the exception of the big complaint between, the big fight between the two agencies with regards to access to documents.
[01:20:29.120 --> 01:20:34.120]  And that's apparently what the bill is addressing in some of those issues.
[01:20:34.120 --> 01:20:45.120]  So my list is comprehensive. If we put in place an agency that had the ability to do this, it would be an agency that would be able to remove judges from the bench.
[01:20:45.120 --> 01:21:03.120]  It would be able to convene a grand jury. It would be able to prosecute them and give the complainant, the person that was in court that was abused by a criminal judge who would give them the opportunity to be co-prosecutor.
[01:21:03.120 --> 01:21:11.120]  They could have the representative there or they could be there and they would get the same opportunity to cross-examine witnesses as anybody else.
[01:21:11.120 --> 01:21:16.120]  Now they could waive that right if they wanted to, but at least it gives them the opportunity to come in there.
[01:21:16.120 --> 01:21:28.120]  So the prosecution, we could never look at it as the prosecution was weak on trying to prosecute the judge, you know, ask them those slow pitches across the plate instead of giving them, you know, the hard questions that needed to be asked.
[01:21:28.120 --> 01:21:30.120]  The complainant could do that.
[01:21:30.120 --> 01:21:37.120]  There's no way that the facts wouldn't be gotten to under those circumstances.
[01:21:37.120 --> 01:21:50.120]  Well, unless we get some real wacko or people that don't know how to address these issues, I could see them complaining about that.
[01:21:50.120 --> 01:21:57.120]  Well, I'm still saying that they could be in there or they could have, based on the complaint, they could have a representation.
[01:21:57.120 --> 01:22:07.120]  And the issue here is I don't think based on the fact that this is a complaint against the judicial process, I think this is outside of the normal court proceedings.
[01:22:07.120 --> 01:22:15.120]  This is technically, even though it's a trial of sorts, it's an administrative trial and as such, I think anybody could represent the party there.
[01:22:15.120 --> 01:22:20.120]  So the party could get anybody to come down there and represent their interests.
[01:22:20.120 --> 01:22:32.120]  Obviously, whoever the hearing tribunal senior judge would be or hearing officer, whatever we want to call them, they would be able to essentially advise and curtail certain types of questioning.
[01:22:32.120 --> 01:22:38.120]  It's still be subjected to the same objections with regards to rules of evidence and all of that.
[01:22:38.120 --> 01:22:52.120]  So I'd like to try it this way as opposed to the system we have, which is essentially, apparently the commissioners all go into a party room and they all say, well, we're going to let them off the hook, right?
[01:22:52.120 --> 01:22:54.120]  Now where's the cake and the booze?
[01:22:54.120 --> 01:23:03.120]  Yeah, because that appears to be what's going on and that's precisely what we've been accusing them of.
[01:23:03.120 --> 01:23:15.120]  But I'm wondering if this is totally the commission or is this the politics of the way things are set up?
[01:23:15.120 --> 01:23:26.120]  Does the commission have the power to actually do anything without getting themselves in a position to where they can't function?
[01:23:26.120 --> 01:23:48.120]  At this point, one of the aspects of that is I'm convinced that when that discussion was happening in the Sunset Commission hearing and I went back and looked through all of the acts about the agency, it would appear that they may right now not have much power to do anything.
[01:23:48.120 --> 01:23:58.120]  It's like I testified to, they're the paper title and I think that's the biggest problem right now is that the reason they're not doing anything is their argument is they can't.
[01:23:58.120 --> 01:24:00.120]  They don't have the power to act.
[01:24:00.120 --> 01:24:07.120]  Well, that's one of the questions that needs to be asked of them in the hearings.
[01:24:07.120 --> 01:24:27.120]  This lawyer that was representing the agency, after I spoke before the Senate subcommittee and challenged the committee to not only create more oversight over the agency and accountability for the agency,
[01:24:27.120 --> 01:24:34.120]  but to give the agency more authority to do its job, this lawyer wanted more than me to call him.
[01:24:34.120 --> 01:24:48.120]  So it seemed like, and the last time we were there, we spoke before a House subcommittee hearing and I pretty much addressed the same issue.
[01:24:48.120 --> 01:24:53.120]  And this was after they had really worked this lawyer over.
[01:24:53.120 --> 01:24:56.120]  And we thought they were going to have a fight in there.
[01:24:56.120 --> 01:24:58.120]  They were so contentious.
[01:24:58.120 --> 01:25:08.120]  When I came back from speaking, he was giving me a high sign that that was exactly what they were hoping for, at least this lawyer was.
[01:25:08.120 --> 01:25:21.120]  So it may be that kind of gave me the idea that the agency itself may be frustrated in that they are, they feel hamstrung and that they don't have the ability to do what they'd like to do.
[01:25:21.120 --> 01:25:31.120]  And then they have to sit here and listen to us railing on them when they couldn't do anything if they wanted to.
[01:25:31.120 --> 01:25:35.120]  Well, the problem is that they didn't make that clear.
[01:25:35.120 --> 01:25:48.120]  What they needed to do is a long time ago say, the legislature has not given us the power to make a determination of judicial impropriety during a trial or hearings in which the judge presides.
[01:25:48.120 --> 01:25:50.120]  I have not heard that language.
[01:25:50.120 --> 01:25:58.120]  I've avoided that language because I'm absolutely convinced that when their friends come before the commission with complaints, they can sweep them under the rug.
[01:25:58.120 --> 01:26:02.120]  And politics is definitely involved in that.
[01:26:02.120 --> 01:26:04.120]  And we'll always be involved in that.
[01:26:04.120 --> 01:26:06.120]  Ken's fourth rule.
[01:26:06.120 --> 01:26:07.120]  Yeah.
[01:26:07.120 --> 01:26:18.120]  Everything's political and we address that a lot and we understand that it really doesn't have much to do with what the law says.
[01:26:18.120 --> 01:26:22.120]  It has to do with the politics and all that I'm talking about here.
[01:26:22.120 --> 01:26:32.120]  How do we create politics that the complainant can invoke?
[01:26:32.120 --> 01:26:40.120]  Politics that neither the commission nor the judge complained of can get around.
[01:26:40.120 --> 01:26:46.120]  Well, I think that's the Rosetta stone of corruption.
[01:26:46.120 --> 01:26:50.120]  If we can come up with an answer to that question.
[01:26:50.120 --> 01:26:58.120]  So I think politics and abusive process and power and people being abused is going to happen more.
[01:26:58.120 --> 01:27:05.120]  The biggest happens in a political process, no matter what, it's just it's going to happen more when there's no oversight.
[01:27:05.120 --> 01:27:09.120]  And right now the oversight is merely vaporware.
[01:27:09.120 --> 01:27:10.120]  It doesn't really exist.
[01:27:10.120 --> 01:27:20.120]  So to change the system and give this agency the ability to prosecute that its entire goal is to go out there and seek out corrupt judges,
[01:27:20.120 --> 01:27:30.120]  try them in court, put them in prison when found guilty, sends a strong message across the entire system that now it's time to follow the rules.
[01:27:30.120 --> 01:27:34.120]  Isn't that why we have the penal code for the public?
[01:27:34.120 --> 01:27:42.120]  Now, if we applied the same logic to the penal code as they have for judges, it would be advisory.
[01:27:42.120 --> 01:27:44.120]  You shouldn't rob banks.
[01:27:44.120 --> 01:27:45.120]  We're not saying you can't.
[01:27:45.120 --> 01:27:46.120]  You just shouldn't.
[01:27:46.120 --> 01:27:48.120]  You should try to avoid doing it.
[01:27:48.120 --> 01:27:52.120]  And if you go and rob a bank, you shouldn't use a gun.
[01:27:52.120 --> 01:27:53.120]  You should avoid doing that.
[01:27:53.120 --> 01:27:54.120]  We're not saying you can't do it.
[01:27:54.120 --> 01:27:56.120]  You should avoid doing it.
[01:27:56.120 --> 01:28:02.120]  And since it's only advisory, if you get caught doing it, really, there's nothing we can do about it because it was only advisory.
[01:28:02.120 --> 01:28:05.120]  And that's how the rules are right now for judges.
[01:28:05.120 --> 01:28:07.120]  Judges can do pretty much whatever they want.
[01:28:07.120 --> 01:28:11.120]  They are given a significant amount of immunity.
[01:28:11.120 --> 01:28:15.120]  And that's part of the discussion that's going on in Austin right now about immunity.
[01:28:15.120 --> 01:28:17.120]  And I think the immunity is an issue as well.
[01:28:17.120 --> 01:28:25.120]  I think when a judge significantly curtail somebody's constitutional rights to do process,
[01:28:25.120 --> 01:28:33.120]  and there needs to be a mechanism in place to halt the process immediately and draw focus on it.
[01:28:33.120 --> 01:28:40.120]  But since most hearings and trials are conducted with only those people interested in the outcome, the parties, okay,
[01:28:40.120 --> 01:28:44.120]  the public's absolutely clueless to what's going on in court.
[01:28:44.120 --> 01:28:52.120]  And the only time you and I hear from them is probably at the 11th hour after they finally have gone through most of the process,
[01:28:52.120 --> 01:28:57.120]  and they realize they've been screwed and that there wasn't any due process.
[01:28:57.120 --> 01:29:07.120]  And now they've got culture shock because they're absolutely totally, you know, befuddled because this was not the country that was taught about
[01:29:07.120 --> 01:29:10.120]  and that people have gone to war to die over.
[01:29:10.120 --> 01:29:21.120]  This is essentially a corrupt, feudalistic judicial system in which power and prestige means more than law and facts.
[01:29:21.120 --> 01:29:26.120]  Well, this is an issue we deal with all the time.
[01:29:26.120 --> 01:29:43.120]  The cognitive dissonance where the alternative to being protected in government being your babysitter is just too frightening to accept.
[01:29:43.120 --> 01:29:46.120]  So we just pretend like we don't see it.
[01:29:46.120 --> 01:29:53.120]  This is Randy Kelton, Deborah Stevens, rule of law radio, a call in number 512-646-1984.
[01:29:53.120 --> 01:30:22.120]  Our call lines are open. Give us a call. We'll be right back.
[01:30:22.120 --> 01:30:24.120]  But it doesn't have to be that way.
[01:30:53.120 --> 01:31:00.120]  When you're in a restaurant, a store, a park, virtually any public place, your behavior and conversations can be up for grabs.
[01:31:00.120 --> 01:31:03.120]  It isn't fair, but it can be perfectly legal.
[01:31:03.120 --> 01:31:10.120]  The logic says that if people nearby can overhear your conversation or see you scratch an itch, the hidden microphone or camera can do the same thing.
[01:31:10.120 --> 01:31:15.120]  While businesses often post signs informing you that these premises are under surveillance,
[01:31:15.120 --> 01:31:21.120]  that's not quite the same thing as telling you the potted plant behind your head could be listening to your dinner conversation.
[01:31:21.120 --> 01:31:31.120]  I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com.
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[01:33:31.120 --> 01:33:48.120]  The way you come with temptations, they're trying to buy the whole place.
[01:33:48.120 --> 01:34:02.120]  They want to force the nation because they're falling from grace. I will not bring back time.
[01:34:02.120 --> 01:34:08.120]  Okay, we are back. Randy Kelton, Debra Stevens, Rue Blau Radio.
[01:34:08.120 --> 01:34:14.120]  And we are talking to Ken Magason and we're going through his points.
[01:34:14.120 --> 01:34:18.120]  You were at, what, 15 of 31?
[01:34:18.120 --> 01:34:25.120]  And hearing officers. Yeah, we were talking about hearing officers then about public hearings.
[01:34:25.120 --> 01:34:28.120]  And believe it or not, this is the one that they did do.
[01:34:28.120 --> 01:34:30.120]  The commission shall hold public hearings.
[01:34:30.120 --> 01:34:36.120]  They commissioned a Judiciary Club conduct shall hold public hearings to allow the public input and constructive criticism.
[01:34:36.120 --> 01:34:46.120]  As the process of commission, all oral and written testimony should remain public if the person submitting said testimony makes no request for anonymity.
[01:34:46.120 --> 01:34:56.120]  The commission shall hold such public hearings at a time and a place for the convenience of the public to participate, such as on Friday or Monday to facilitate travel.
[01:34:56.120 --> 01:35:03.120]  The commission shall move such public hearings to locations around the state based on requests for hearings from the public.
[01:35:03.120 --> 01:35:08.120]  They shall not hold the hearings in the same city or region on consecutive years.
[01:35:08.120 --> 01:35:14.120]  Publication of the intent to hold the committee, hold the hearing, must be made 128 days before the hearing.
[01:35:14.120 --> 01:35:18.120]  Time of the hearing should run until all registered witnesses are heard.
[01:35:18.120 --> 01:35:20.120]  Pre-registration will be encouraged.
[01:35:20.120 --> 01:35:26.120]  Time limits for testimony shall be more than 20 minutes minimum if requested.
[01:35:26.120 --> 01:35:36.120]  Public participation is so great as to make it impractical for the hearing in one day, the next day should be used to finish the remaining testimony.
[01:35:36.120 --> 01:35:39.120]  So we get more than part of that.
[01:35:39.120 --> 01:35:40.120]  Part of that they implemented.
[01:35:40.120 --> 01:35:42.120]  That's part of what's in the bill.
[01:35:42.120 --> 01:35:43.120]  Okay.
[01:35:43.120 --> 01:35:48.120]  So more than three minutes every 12 years?
[01:35:48.120 --> 01:35:50.120]  Well, this would be 20 minutes at the commission.
[01:35:50.120 --> 01:35:53.120]  This would be every year.
[01:35:53.120 --> 01:35:55.120]  Well, I say that's better than what we have now.
[01:35:55.120 --> 01:35:59.120]  Well, what we have now, yeah, is essentially, you know, we don't really want to hear the complaint.
[01:35:59.120 --> 01:36:09.120]  So, you know, and then at the same time, you know, you get up there and try to talk and essentially the chairman of the commission committee or whatever decides he doesn't want to hear from you.
[01:36:09.120 --> 01:36:11.120]  He's heard enough negative news.
[01:36:11.120 --> 01:36:18.120]  An example of this is the story I could tell about the Bar Association hearings we had back in 2003.
[01:36:18.120 --> 01:36:30.120]  And we were the bar president at that time came out there and pontificated for almost 30 minutes about how great the bar was and how good everything was.
[01:36:30.120 --> 01:36:42.120]  And then when I came up there and started talking about bad news about the bar being an ongoing criminal enterprise, all of a sudden there's a motion on the Senate committee to limit testimony to three minutes.
[01:36:42.120 --> 01:36:48.120]  And when they did that, I objected and the chairman of the committee said, Mr. Magnuson, you can't object.
[01:36:48.120 --> 01:36:50.120]  And I said, well, I just did.
[01:36:50.120 --> 01:36:51.120]  Well, you're not on the committee.
[01:36:51.120 --> 01:36:53.120]  And I said, what I want to do is enter for the record.
[01:36:53.120 --> 01:37:04.120]  The idea that I get to come down here once every 12 years and you're going to limit me to three minutes after the bar president was here and lied for 20.
[01:37:04.120 --> 01:37:06.120]  And that was on the record.
[01:37:06.120 --> 01:37:07.120]  That was on the record.
[01:37:07.120 --> 01:37:10.120]  It turned out I ended up getting about nine minutes.
[01:37:10.120 --> 01:37:15.120]  So the motion carried, but they ignored it.
[01:37:15.120 --> 01:37:21.120]  I was interrupted once by the senator from East Texas and I forget his name.
[01:37:21.120 --> 01:37:23.120]  I want to say it's Bivens, but I don't think that's it.
[01:37:23.120 --> 01:37:25.120]  But anyway, he was an engineer.
[01:37:25.120 --> 01:37:27.120]  He was the only engineer on that committee.
[01:37:27.120 --> 01:37:32.120]  And he said, why are our complaints against judges and lawyers secret?
[01:37:32.120 --> 01:37:40.120]  And Senator Jeff Wentworth from San Antonio leaned into the microphone and said, because we're special.
[01:37:40.120 --> 01:37:41.120]  He's an attorney.
[01:37:41.120 --> 01:37:48.120]  And then he backed up and tried to say, oh, I'm only joking, but it really came across as arrogant.
[01:37:48.120 --> 01:37:49.120]  And we've got tapes of this.
[01:37:49.120 --> 01:37:53.120]  We had a video team there and we have video tapes of what he did.
[01:37:53.120 --> 01:37:59.120]  So the issue is that that's why everything's secret right now.
[01:37:59.120 --> 01:38:01.120]  It's because political deals can be done.
[01:38:01.120 --> 01:38:05.120]  You want to talk about where the good old boys club begins?
[01:38:05.120 --> 01:38:07.120]  It's the bar association.
[01:38:07.120 --> 01:38:13.120]  Then it goes to judicial conduct in judges because where do the judges come from?
[01:38:13.120 --> 01:38:15.120]  From the bar members that get elected.
[01:38:15.120 --> 01:38:18.120]  So that's how the good old boys club starts.
[01:38:18.120 --> 01:38:21.120]  And everybody else is not a judge or a lawyer.
[01:38:21.120 --> 01:38:26.120]  You know, we're just essentially, you know, with our hat in hand begging for justice.
[01:38:26.120 --> 01:38:32.120]  So the Constitution does not see the air much in Texas except by accident.
[01:38:32.120 --> 01:38:35.120]  So we can get back on to the list.
[01:38:35.120 --> 01:38:39.120]  Number 16 is elected commission.
[01:38:39.120 --> 01:38:44.120]  The members of the commission are too important to allow for political cronyism.
[01:38:44.120 --> 01:38:51.120]  Elect these members for staggered four year terms and have them appointed appointed director for six years.
[01:38:51.120 --> 01:39:00.120]  17 commission rules have the judicial plan of ethics and process promulgated from the statutes passed by the legislature.
[01:39:00.120 --> 01:39:13.120]  The Supreme Court has produced rules so vague and nonspecific for judges that if the Texas penal code was written with the same lack standards, all crime in Texas would be lawful.
[01:39:13.120 --> 01:39:15.120]  That's well put.
[01:39:15.120 --> 01:39:21.120]  18 commission and director shall issue under oath an annual report.
[01:39:21.120 --> 01:39:26.120]  These will be separate reports as to the operation and effectiveness of the agency.
[01:39:26.120 --> 01:39:36.120]  It shall reflect and recite the theme of the annual public comments as well as recommendations, recommended improvements and specific failures.
[01:39:36.120 --> 01:39:47.120]  The commission will employ qualified prosecutors that will have the ability to file criminal complaints in Travis County have concurrent jurisdiction with Travis County District Attorney's Office.
[01:39:47.120 --> 01:40:01.120]  When the criminal complaints are filed by any party convene a grand jury and present any and all complaints for indictment as with other crime, other criminal cases on indictment, the use will be prosecuted in Travis County.
[01:40:01.120 --> 01:40:06.120]  Now, that's all just suggested. So here we are at this point.
[01:40:06.120 --> 01:40:23.120]  Yeah, that was going to be my question. How would we get a prosecutor in this position where he would not be so afraid of performing the judges that he couldn't perform?
[01:40:23.120 --> 01:40:30.120]  He's an independent prosecutor. He works for the agency.
[01:40:30.120 --> 01:40:36.120]  Yeah, but he's not a general purpose prosecutor. Why should he be afraid of the judges? He doesn't have to bring in the other case.
[01:40:36.120 --> 01:40:43.120]  As long as he never goes into private practice again, then perhaps he could do that.
[01:40:43.120 --> 01:41:07.120]  I mean, that exists out there all the time too. And just because we had district attorneys apparently murdered by rampant gangs in Coughlin County doesn't mean we should automatically hide every district attorney and hide their faces from everything so nobody can find out who they are.
[01:41:07.120 --> 01:41:17.120]  There's still a political entity and the problem is that their murders were crimes. The conduct of these judges are crimes and they need to be treated as such.
[01:41:17.120 --> 01:41:24.120]  And I think the biggest problem we have is this has been a culture of corruption for decades.
[01:41:24.120 --> 01:41:37.120]  And I think that new people that come along, new attorneys that come along and see the change in the system, I think there will be an immediate acceptance of the system's going to change.
[01:41:37.120 --> 01:41:43.120]  It's going to improve and we're not going to have to put up with the cronyism and the corruption that we have in the past.
[01:41:43.120 --> 01:41:58.120]  The judges won't get reelected. The judges retaliate and there's complaints on them and they're all public. The public won't reelect them. The judge is going to have to worry about the recriminations at the election box when they turn around and act improperly.
[01:41:58.120 --> 01:42:01.120]  Everybody will know about it. It will no longer be secret.
[01:42:01.120 --> 01:42:19.120]  My issue there was what can we do to get a prosecutor who is essentially immune from the ire of the judges? Maybe a retired lawyer?
[01:42:19.120 --> 01:42:27.120]  Well, whoever applies at the agency. They may be retired lawyers. Whoever the agency wants to hire to be the prosecutors for the agency.
[01:42:27.120 --> 01:42:36.120]  The issue is that they don't have to practice law except in that capacity. They don't do any other cases. The only thing they do is they go after bad judges.
[01:42:36.120 --> 01:42:46.120]  It's just like US attorneys going after organized crime bosses.
[01:42:46.120 --> 01:42:56.120]  Yeah, but US attorneys have large policing agencies to stand between them and the bosses. Lawyers have nobody.
[01:42:56.120 --> 01:43:09.120]  This is not an average lawyer. This would be a special prosecutor that works for this agency and has full ability to bring in the state troopers or the sheriffs or even their own police force.
[01:43:09.120 --> 01:43:24.120]  There's going to have to be an investigative force that's put into this agency anyway. Investigating part of this crime is going to have to require some sort of policing agency that goes out and grabs file cabinets full of records and everything under subpoena.
[01:43:24.120 --> 01:43:31.120]  And that's the agency that protects these guys. What is the judge going to do to them anyway? That's acute.
[01:43:31.120 --> 01:43:44.120]  Well, if a lawyer who was in this position ever attempts to go back into regular practice, the judges will crucify him.
[01:43:44.120 --> 01:43:59.120]  Maybe. Maybe not. We've got that problem right now.
[01:43:59.120 --> 01:44:09.120]  It is so enlightening to listen to 90.1 FM, but finding things on the Internet isn't so easy. And neither is finding like-minded people to share it with.
[01:44:09.120 --> 01:44:14.120]  Oh, well, I guess you haven't heard of Brave New Books, then. Brave New Books?
[01:44:14.120 --> 01:44:24.120]  Yes. Brave New Books has all the books and DVDs you're looking for by authors like Alex Jones, Ron Paul, and G. Edward Griffin. They even stock Interfood, Berkey products, and Calvin Soaps.
[01:44:24.120 --> 01:44:27.120]  There's no way a place like that exists.
[01:44:27.120 --> 01:44:32.120]  Go check it out for yourself. It's downtown in 1904 Guadalupe Street, just south of UT.
[01:44:32.120 --> 01:44:36.120]  Oh, by UT? There's never anywhere to park down there.
[01:44:36.120 --> 01:44:44.120]  Surely they now offer a free hour of parking for paying customers at the 500 MLK parking facility just behind the bookstore.
[01:44:44.120 --> 01:44:47.120]  It does exist, but when are they open?
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[01:47:03.120 --> 01:47:27.120]  Okay, we are back. Randy Kelton, Deborah Stevens, Eddie Craig, Rule of Law Radio. And if you're listening out there, we have apparently the broadcasters, we are the network.
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[01:47:57.120 --> 01:48:09.120]  Okay, those are, we pretty well went through your list of suggestions. That was very comprehensive and you've clearly done a lot of work on this issue.
[01:48:09.120 --> 01:48:13.120]  I've had 12 years to think about it.
[01:48:13.120 --> 01:48:30.120]  Well, with the, in talking to the legislators, what is your take on their receptiveness or their interest in this issue?
[01:48:30.120 --> 01:48:44.120]  The several legislators are there. Now, I'm going to be realistic and say that there's going to be avenues of this. Unless we had somebody that called us up immediately after read the list and said, this is a great idea, let's do it.
[01:48:44.120 --> 01:48:57.120]  I don't hold any hope to get all of this done. But the idea is this is a process where we have no choice. If we can't get it all done at once, we'll use salami tactics one slice at a time.
[01:48:57.120 --> 01:49:09.120]  So it was a good list because it gives, there are a few key things in there. If we could get one or two of the key issues, we would make some great headway.
[01:49:09.120 --> 01:49:14.120]  Yes.
[01:49:14.120 --> 01:49:23.120]  So I think the biggest thing, the biggest issue, which is the one that everybody's fighting against is the public making the complaints public.
[01:49:23.120 --> 01:49:35.120]  And that's the biggest issue. Now, I think that maintaining anonymity for the person that files the complaint is, is important because your argument a minute ago about a prosecutor and the judge will crucify him.
[01:49:35.120 --> 01:49:44.120]  A litigant that files a complaint against the judge and comes back to court is going to be crucified. And that's a possibility.
[01:49:44.120 --> 01:50:01.120]  But yeah, the reality of that is if a litigant files a complaint is going to be extremely difficult for his identity not to be apparent in the nature of the complaint.
[01:50:01.120 --> 01:50:11.120]  But from what I've seen, the judges really don't like judicial conduct complaints.
[01:50:11.120 --> 01:50:22.120]  And that's one place they haven't seen them go is retaliating against the people who file them because then they're likely to get another one filed.
[01:50:22.120 --> 01:50:38.120]  And while the commission may be able to song and dance and seltzer down your pants and generic misbehavior on part of the judge, retaliation is a whole other animal.
[01:50:38.120 --> 01:50:48.120]  And they're not likely to want that on their record. And like I say on the radio all the time is you're not going to give the judge to be afraid of you.
[01:50:48.120 --> 01:50:59.120]  What you're going to get the judge to be afraid of is the potential political cannon fodder. You're going to give the judges next opponent when he runs for office again.
[01:50:59.120 --> 01:51:01.120]  Right.
[01:51:01.120 --> 01:51:10.120]  So that's why keeping it secret, not doing anything about a bad judge is just playing along in the game that they've already owned.
[01:51:10.120 --> 01:51:17.120]  That's why complaints are so important. It's because it opens the door for going after them in multiple ways.
[01:51:17.120 --> 01:51:23.120]  And if it becomes public enough, they can't get reelected and they fear that.
[01:51:23.120 --> 01:51:37.120]  As a matter of fact, almost all of the situations in which judges aid badly across the United States, when it becomes public, it's when it always hits the fan and the judge usually loses their office or there's actually a real action.
[01:51:37.120 --> 01:51:48.120]  Remember, you had one call in on the show that I was with you on a number of, it might have been a year ago, and he talked about having problems with the family court and the judge.
[01:51:48.120 --> 01:51:54.120]  He admonished him that you're a pro se, you're not going to win, I'm not going to let you win, da, da, da, da.
[01:51:54.120 --> 01:52:00.120]  And he went through the whole complaint process and nobody did anything and appealed it and went to the state supreme court.
[01:52:00.120 --> 01:52:07.120]  Then he finally came up with the part of the story where he said, oh, by the way, Kentucky video tapes all of their court proceedings.
[01:52:07.120 --> 01:52:14.120]  And that's the last thing I didn't add, which is that's what we should be doing in Texas, videotaping all the court proceedings.
[01:52:14.120 --> 01:52:21.120]  We ought to be an independent agency and it's public.
[01:52:21.120 --> 01:52:25.120]  The public has the right to have a copy of those videos.
[01:52:25.120 --> 01:52:31.120]  It's all going to be digital now, so that won't be a problem as far as amount of tape or equipment or whatever.
[01:52:31.120 --> 01:52:34.120]  Everybody's got cameras on every corner, basically.
[01:52:34.120 --> 01:52:43.120]  But at any event, when he finally turned around and said that he got the video of this judge admonishing him and he put it on YouTube, the Supreme Court removed him from the bench.
[01:52:43.120 --> 01:52:44.120]  Boom.
[01:52:44.120 --> 01:52:46.120]  So it's publicity.
[01:52:46.120 --> 01:52:57.120]  It's exposure to the public and the recriminations of the political system to the fact that they were incompetent or they were accessories to what was going on, the abuse of power.
[01:52:57.120 --> 01:53:04.120]  And as soon as it was found out, then they had to act in order to say, oh, we misunderstood and then pull the guy off the bench.
[01:53:04.120 --> 01:53:06.120]  And I'm going to tell you the truth.
[01:53:06.120 --> 01:53:16.120]  There's a number of judges that have been through the complaint process, the story I like to relate that people need to understand is a friend of Al Adas,
[01:53:16.120 --> 01:53:23.120]  Brenda Anderson, out of Highland Village, Texas, which is up by Lewisville, Denton County.
[01:53:23.120 --> 01:53:26.120]  And she had a problem back in the 1990s with the divorce case.
[01:53:26.120 --> 01:53:28.120]  It was going on forever.
[01:53:28.120 --> 01:53:42.120]  She had an attorney or her ex-husband or a strange husband had an attorney and it was before a judge, John Narsutis, who was screwing around with the rules and everything and her attorney was essentially playing to go along with it all.
[01:53:42.120 --> 01:53:48.120]  And that attorney ended up joining practice with her husband's attorney and didn't tell it.
[01:53:48.120 --> 01:53:49.120]  That's a side story.
[01:53:49.120 --> 01:53:53.120]  But in any event, she filed a complaint against the judge about what was going on.
[01:53:53.120 --> 01:53:59.120]  This is back in the 90s, the whole system was entirely different then and the complaint didn't do anything.
[01:53:59.120 --> 01:54:06.120]  And finally, they set up a hearing and the commission actually convened in the law library in Denton County.
[01:54:06.120 --> 01:54:19.120]  And as it was related by her, she said when they sat there, the commissioner, whoever the commissioner was at that time, and monitored her about why are you bringing a complaint about this outstanding judge and da, da, da, da.
[01:54:19.120 --> 01:54:24.120]  You know, we've had no other complaints and everything and she let her talk and talk and talk and talk and talk.
[01:54:24.120 --> 01:54:33.120]  And finally, when it was Brenda's turn, what she related to me was that she turned around and said, well, that's amazing because I got 11 complaints here filed by other people.
[01:54:33.120 --> 01:54:44.120]  The commission was more concerned about how she got those 11 complaints than they were concerned about how bad the judge had acted and done this repeatedly.
[01:54:44.120 --> 01:54:50.120]  Wonderful. Then we're going to, we're going to fix that very soon.
[01:54:50.120 --> 01:55:02.120]  I hope to have judicial conduct calm up and then they'll be very easy for them to show how they got those complaints.
[01:55:02.120 --> 01:55:13.120]  And if we can get a bit of funding, I'm looking at putting together a mailing campaign.
[01:55:13.120 --> 01:55:29.120]  When we get a really obnoxious judge, then we send a mailing to every one of the people who are before this judge and ask them for a critique on the judge.
[01:55:29.120 --> 01:55:38.120]  And if they feel like they have been mistreated by the judge, we send them to judicialconduct.com.
[01:55:38.120 --> 01:55:48.120]  A judicial conduct complaint, even if it's not acted on, puts a mark on their record that stays there.
[01:55:48.120 --> 01:55:54.120]  And this will make them, you know, like we have Judge Sparks here in Austin.
[01:55:54.120 --> 01:56:13.120]  And it appears as though he paid from what I hear, which I can't, obviously can't get all the details to prove up. But what I hear is, is that he donated as one of the wealthiest federal judges in the country.
[01:56:13.120 --> 01:56:25.120]  A half a million dollars to Bush's election campaign and the Bush administration created his position in Austin.
[01:56:25.120 --> 01:56:32.120]  It's clear that Sparks wants to move on to the Court of Appeals.
[01:56:32.120 --> 01:56:45.120]  But what's going to happen to him when they're considering judges for the Court of Appeals and he's got a whole stack of judicial conduct complaints against him and the next guy doesn't have any.
[01:56:45.120 --> 01:56:51.120]  He's going to appear as a liability.
[01:56:51.120 --> 01:56:58.120]  At the very least, our complaints would give us that.
[01:56:58.120 --> 01:57:06.120]  You were going to say something. I agree. I agree. And that's, that's the whole purpose of all of this. It's still back to the issue of publicity.
[01:57:06.120 --> 01:57:13.120]  It's the idea that if somebody and within the county, though, there's a secondary issue here.
[01:57:13.120 --> 01:57:18.120]  The kind of judges that have been elected across Texas and it's slid both ways.
[01:57:18.120 --> 01:57:24.120]  And I'm going to, I'm going to tell you right now that party politics are always part of it for the moment in the instance.
[01:57:24.120 --> 01:57:28.120]  But the allegiance to the party is minimal by these judges.
[01:57:28.120 --> 01:57:32.120]  The allegiance to the party is only as long as that party is winning.
[01:57:32.120 --> 01:57:43.120]  So if the, you know, Libertarian party wins elections in a certain county acts, they'll all become Libertarians because they want to sit on the bench.
[01:57:43.120 --> 01:57:50.120]  The party politics or their platform and ideology is really irrelevant.
[01:57:50.120 --> 01:57:55.120]  The issue is his power. So they'll change parties. That's just like Bill Graham.
[01:57:55.120 --> 01:58:02.120]  He was a Democrat and then when the Republicans came to power in the Reagan administration, he switched parties.
[01:58:02.120 --> 01:58:05.120]  The issue is, is that you go where the power is.
[01:58:05.120 --> 01:58:08.120]  Almost all of the judges in Benton County did that.
[01:58:08.120 --> 01:58:12.120]  They were all Democrats back in the early 1980s.
[01:58:12.120 --> 01:58:17.120]  And then as we came up to the beginning of the 90s, they all switched parties.
[01:58:17.120 --> 01:58:20.120]  And Republicans got elected in time.
[01:58:20.120 --> 01:58:23.120]  So.
[01:58:23.120 --> 01:58:28.120]  Okay, well, in the end, everything is political.
[01:58:28.120 --> 01:58:33.120]  Okay, we are going to our top of the hour break movie.
[01:58:33.120 --> 01:58:35.120]  This will be a three minute break.
[01:58:35.120 --> 01:58:41.120]  But when we come back, we'll be taking your calls 512-646-1984.
[01:58:41.120 --> 01:58:43.120]  Give us a call.
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