[00:17.880 --> 00:24.880]  22nd, 2013. Gold opened today at $1,609. Silver at $28.9896 and Bitcoin is trading at $72.95.
[00:24.880 --> 00:31.880]  Today's edition of The Liberty Beat is sponsored in part by Brave New Books, your central Texas
[00:34.080 --> 00:41.080]  supplier of one world way and tangy tangerine. Online at bravenewbookstore.com. And now the
[00:41.320 --> 00:48.080]  news. A program aimed at rewarding people who blow the whistle on illegal gun owners
[00:48.080 --> 00:53.320]  has yet to show significant results as three police agencies in New York. In February of
[00:53.320 --> 00:59.280]  2012, 11 months before the passage of NY Safe Act, Governor Cuomo's office announced a four-pronged
[00:59.280 --> 01:03.720]  initiative to curb gun violence. One of the programs was a cash reward for citizens who
[01:03.720 --> 01:08.440]  lead police to the arrest and confiscation of illegal firearms. Known as the Gun Tip
[01:08.440 --> 01:12.720]  Line, New Yorkers can call a toll-free hotline to alert police if they believe someone they
[01:12.720 --> 01:17.300]  know has an illegal gun. The call would be picked up by state police and local law enforcement
[01:17.300 --> 01:21.300]  would be notified if the tip seemed reliable. If there was an arrest, the tipster would
[01:21.300 --> 01:28.300]  receive as much as $500. The US government is expanding a cyber security program that
[01:30.720 --> 01:35.360]  scans internet traffic headed into and out of defense contractors to include far more
[01:35.360 --> 01:39.620]  of the country's private civilian-run infrastructure. As a result, more private sector employees
[01:39.620 --> 01:43.680]  than ever before, including those at big banks, utilities, and key transportation companies
[01:43.680 --> 01:48.680]  will have their emails and web surfing scanned as a precaution against cyber attacks. Under
[01:48.680 --> 01:52.360]  last month's White House executive order on cyber security, the scans will be driven by
[01:52.360 --> 01:57.100]  classified information provided by US intelligence agencies, including data from the National
[01:57.100 --> 02:04.100]  Security Agency on new or specifically serious espionage threats and other hacking attempts.
[02:07.480 --> 02:10.700]  Republican amendments to the Senate's budget proposal would require President Obama and
[02:10.700 --> 02:14.380]  Vice President Biden to get their medical care through the new exchanges created by
[02:14.380 --> 02:18.900]  Obama's signature health care law. Senators Susan Collins, Republican from Maine, and
[02:18.900 --> 02:23.000]  Kelly Ayotte, Republican from New Hampshire, both offered amendments to move the President
[02:23.000 --> 02:28.240]  and Vice President into the health care laws exchange. After the Affordable Care Act passed,
[02:28.240 --> 02:33.100]  the White House said Obama would enroll in exchange once the time came in 2014. Collins
[02:33.100 --> 02:37.900]  and Ayotte's amendment would require the President, the Vice President, and the Cabinet to put
[02:37.900 --> 02:42.660]  their premiums where their politics are.
[02:42.660 --> 02:47.220]  The Liberty Beat is sponsored in part by PureRain. Chemical and fluoride-free bottled water available
[02:47.220 --> 02:52.160]  at Central Market and Whole Foods grocery stores. Online at PureRainUSA.com. And by
[02:52.160 --> 02:57.180]  Central Texas Gunworks. Self-defense training, CHL courses, and firearm sales. Online at
[02:57.180 --> 02:58.180]  CentralTexasGunworks.com.
[02:58.180 --> 03:15.780]  Bad boys, whatcha want, whatcha want, whatcha gonna do, when Sheriff John Brown come for
[03:15.780 --> 03:29.420]  you? Tell me, whatcha gonna do, whatcha gonna do? Bad boys, bad boys, whatcha gonna do,
[03:29.420 --> 03:35.420]  whatcha gonna do, when they come for you? Bad boys, bad boys, whatcha gonna do, whatcha
[03:35.420 --> 03:40.900]  gonna do, when they come for you? When you were eight and you had bad traits, you'd go
[03:40.900 --> 03:51.280]  to school and learn the gold and rule. So, why are you acting like a bloody fool? If
[03:51.280 --> 03:52.280]  you get hot, then you must get cool. Bad boys, bad boys, whatcha gonna do, when Sheriff
[03:52.280 --> 03:53.280]  John Brown comes for you?
[03:53.280 --> 03:58.300]  Okay. This is Randy Kelpin, Deborah Stevens, Eddie Craig, Eddie and Deborah won't be here
[03:58.300 --> 04:09.280]  tonight. You're stuck with me. This is March the 29th, our four hour info marathon. We
[04:09.280 --> 04:15.240]  We'll start the show with a continuation of last night.
[04:15.240 --> 04:23.520]  Last night I went over the American Bar Association standards and the standards for the prosecutorial
[04:23.520 --> 04:25.520]  function.
[04:25.520 --> 04:36.560]  Tonight we're going to go to the federal judicial canons.
[04:36.560 --> 04:46.280]  Each circuit has a different set of rules but the federal courts have one set of standards
[04:46.280 --> 04:54.360]  and one of the things you'll notice in going through these standards is that they are incredibly
[04:54.360 --> 05:03.760]  liberal, inspecific, never pinned down, you'll see shoulds and aughts, you'll almost never
[05:03.760 --> 05:07.780]  see shalls and musts.
[05:07.780 --> 05:16.120]  These are canons made up by judges to regulate judges so they are very generous to the judges.
[05:16.120 --> 05:24.480]  They have to put them in because human beings being as they are, they are terribly flawed.
[05:24.480 --> 05:29.620]  And the higher up they get in an organization and the more corrupt the organization is,
[05:29.620 --> 05:32.780]  the more flawed they get.
[05:32.780 --> 05:41.240]  So this being the federal judges and pretty well the top tier of corruption, they got
[05:41.240 --> 05:45.400]  themselves a lot of stinkers.
[05:45.400 --> 05:51.480]  They may not be stinkers when they bring them in, yeah, they have to be stinkers even to
[05:51.480 --> 06:00.040]  be appointed for a federal judge because the federal judges are pretty well political appointees.
[06:00.040 --> 06:05.760]  Human politicians, the last thing they want is an honest judge.
[06:05.760 --> 06:10.520]  They'll wind up with a judge that they may be subject to at some point and if he's honest,
[06:10.520 --> 06:16.760]  he's likely to rule properly and fairly and won't allow himself to be bought off either
[06:16.760 --> 06:19.860]  cash or political pressures.
[06:19.860 --> 06:25.240]  So they want a corrupt scoundrel so that they can control them and they've done well, they've
[06:25.240 --> 06:30.800]  got themselves a whole group of corrupt scoundrels.
[06:30.800 --> 06:34.640]  And the rules were written, they allowed the judges to write their own rules so you'll
[06:34.640 --> 06:44.120]  see as you go through them that they are for the most part non-specific, for the most part
[06:44.120 --> 06:50.640]  song and dance and seltzer down your pants because you can be sure if you file a complaint
[06:50.640 --> 06:57.600]  under any of these canons that no matter what you file, they're going to rule, they're going
[06:57.600 --> 07:03.480]  to toss it out because unless the judge has become a political liability and they want
[07:03.480 --> 07:09.680]  to get rid of him and they want to use your complaint as cannon fodder to get rid of the
[07:09.680 --> 07:16.640]  judge and that is the primary reason that we file these.
[07:16.640 --> 07:26.060]  Unlike bar grievances, we understand that the judges that hear the judicial conduct
[07:26.060 --> 07:33.520]  complaints are essentially the same as the state bar association.
[07:33.520 --> 07:41.400]  They have no intention of disciplining fellow judges for doing stupid, arrogant or corrupt
[07:41.400 --> 07:47.600]  stuff because they don't want it done to them for doing the same thing.
[07:47.600 --> 07:53.200]  They will only move against a judge when he does something so outrageous that he totally
[07:53.200 --> 08:02.520]  embarrasses everybody like the federal judge who got pulled over for DUI in women's underwear,
[08:02.520 --> 08:05.160]  nothing but in women's underwear.
[08:05.160 --> 08:12.520]  And I have no doubt that was not the first problem with this judge, that was almost certainly
[08:12.520 --> 08:19.000]  the end of a long string of really outrageous behavior because it takes a lot to get these
[08:19.000 --> 08:20.000]  scoundrels.
[08:20.000 --> 08:24.400]  When you got a whole group of scoundrels to get the scoundrels to turn on each other,
[08:24.400 --> 08:28.080]  you have to really be a rotten apple.
[08:28.080 --> 08:33.600]  Now that's my opinion and I'm sticking to it.
[08:33.600 --> 08:37.320]  We'll start with kind of the introduction.
[08:37.320 --> 08:42.640]  Introduction is the United States Circuit Judges, District Judges, Courts of International
[08:42.640 --> 08:48.560]  Trade Judges, Courts of Federal Claims Judges, Bankruptcy Judges, Magistrate Judges, I'm
[08:48.560 --> 08:56.360]  sorry this code applies to United States Circuit Judges, District Judges, Court of International
[08:56.360 --> 09:04.520]  Trade Judges, Court of Federal Claims Judges, Bankruptcy Judges, and Magistrate Judges.
[09:04.520 --> 09:09.920]  Certain provisions of this code apply to special masters and commissioners as indicated in
[09:09.920 --> 09:11.840]  the compliance section.
[09:11.840 --> 09:17.740]  Tax court, Court of Appeals for Veterans Claims, and Court of Appeals of the Armed Forces have
[09:17.740 --> 09:20.440]  adopted this code.
[09:20.440 --> 09:25.320]  The judicial conference has authorized its Committee on Codes of Conduct to render advisory
[09:25.320 --> 09:32.520]  position opinions about this code only when requested by a judge to whom this code applies.
[09:32.520 --> 09:36.760]  Requests for opinions and other questions concerning this code and its applicability
[09:36.760 --> 09:41.760]  shall be addressed to the chair of the Committee of the Codes of Conduct by email as follows.
[09:41.760 --> 09:42.760]  Blah, blah, blah.
[09:42.760 --> 09:45.920]  Okay, we're going to go down to the actual codes.
[09:45.920 --> 09:52.400]  A judge should uphold the integrity and independence of the judiciary.
[09:52.400 --> 09:55.760]  You will notice it says he should.
[09:55.760 --> 09:58.600]  It does not say he shall.
[09:58.600 --> 10:03.640]  We have been pushing for quite a while to get the shoulds in these codes changed to
[10:03.640 --> 10:08.440]  shalls and we actually got some in the last legislature.
[10:08.440 --> 10:11.560]  A few but not nearly as many as we wanted.
[10:11.560 --> 10:19.440]  He goes on to say an independent and honorable judiciary is indispensable to justice in our
[10:19.440 --> 10:20.440]  society.
[10:20.440 --> 10:26.480]  A judge should maintain and enforce high standards of conduct and should personally observe those
[10:26.480 --> 10:31.920]  standards so that the integrity and independence of the judiciary may be preserved.
[10:31.920 --> 10:37.080]  The provisions of this code should be construed and applied to further this objective.
[10:37.080 --> 10:43.000]  It doesn't say they must and you'll find it almost never says they must do anything.
[10:43.000 --> 10:47.040]  We have a common commentary section on each one of these.
[10:47.040 --> 10:51.480]  Adherence to the judgments and rulings of course depends on public confidence and integrity
[10:51.480 --> 10:54.040]  and independence of judges.
[10:54.040 --> 11:00.920]  Integrity and independence of judges depend in turn on their acting without fear or favor.
[11:00.920 --> 11:06.480]  Although judges should be independent, they must comply with the law and should comply
[11:06.480 --> 11:08.720]  with this code.
[11:08.720 --> 11:13.680]  Adherence to this responsibility helps to maintain public confidence in the impartiality
[11:13.680 --> 11:16.480]  of the judiciary.
[11:16.480 --> 11:23.880]  Is there anyone out there who has experienced these courts that would even imagine in their
[11:23.880 --> 11:35.400]  wildest dreams that they could have confidence in the impartiality of this judiciary?
[11:35.400 --> 11:40.480]  The code is designed to provide guidance to judges and nominees for judicial office.
[11:40.480 --> 11:46.160]  It may also provide standards of conduct for application and proceedings under the judicial
[11:46.160 --> 11:50.320]  counsel's Reform and Judicial Conduct Disability Act.
[11:50.320 --> 11:54.560]  Not every violation of the code should lead to disciplinary action.
[11:54.560 --> 11:59.000]  Whether disciplinary action is appropriate and the degree of discipline should be determined
[11:59.000 --> 12:04.760]  through a reasonable application of the text and should depend on such factors as the seriousness
[12:04.760 --> 12:09.940]  of the improper activity, the intent of the judge, whether there is a pattern of improper
[12:09.940 --> 12:16.360]  activity and the effect of the improper activity on others or on the judicial system.
[12:16.360 --> 12:22.460]  Many of the restrictions in the code are necessarily cast in general terms and judges may reasonably
[12:22.460 --> 12:25.000]  differ in their interpretation.
[12:25.000 --> 12:31.680]  Furthermore, the code is not designed or intended as a basis for civil liability or criminal
[12:31.680 --> 12:32.680]  prosecution.
[12:32.680 --> 12:38.880]  Finally, the code is not intended to be used for tactical advantage.
[12:38.880 --> 12:47.720]  While good luck with that, they did say that a degree of discipline should be determined
[12:47.720 --> 12:52.120]  through reasonable application of the text, it didn't say it must.
[12:52.120 --> 13:00.380]  The one thing it did say in there, or it didn't say they should do, is that they must abide
[13:00.380 --> 13:04.000]  by it, must follow law.
[13:04.000 --> 13:09.100]  And they should do all the rest, and that's good to see because they didn't even pretend
[13:09.100 --> 13:13.480]  that they can be criminals with absolute impunity.
[13:13.480 --> 13:19.560]  Let's go to canon two, a judge should avoid impropriety and the appearance of impropriety
[13:19.560 --> 13:23.200]  in all activities.
[13:23.200 --> 13:28.240]  Respect for law, a judge should respect and comply with the law and should act at all
[13:28.240 --> 13:33.800]  times in a manner that promotes public confidence in the integrity and portionality of the judicial
[13:33.800 --> 13:34.800]  judiciary.
[13:34.800 --> 13:40.040]  Here, it says a judge should respect and comply with law.
[13:40.040 --> 13:47.780]  Well, I think it says in other places that he may not have to respect it, but he does
[13:47.780 --> 13:49.640]  have to comply with it.
[13:49.640 --> 13:55.820]  The only thing that can protect him from not complying with it is the other corrupt judges
[13:55.820 --> 13:59.300]  and prosecutors who refuse to do their job.
[13:59.300 --> 14:04.840]  Outside influence, a judge should not allow family, social, political, financial, or other
[14:04.840 --> 14:09.120]  relationships to influence judicial conduct or judgment.
[14:09.120 --> 14:15.440]  A judge should neither lend the prestige of the judicial office to advance the private
[14:15.440 --> 14:21.540]  interests of the judge or others, nor convey or permit others to convey the impression
[14:21.540 --> 14:24.480]  that they are in a special position to influence the judge.
[14:24.480 --> 14:30.360]  A judge should not testify voluntarily as a character witness.
[14:30.360 --> 14:36.880]  A non-discretionary membership, a judge should not hold membership in any organization that
[14:36.880 --> 14:42.800]  practices invidious discrimination on the basis of race, sex, religion, or national
[14:42.800 --> 14:45.340]  origin.
[14:45.340 --> 14:50.380]  This one has a lot of common herteria on it, and I won't read all of that.
[14:50.380 --> 14:58.220]  This will probably go relatively quickly because unlike the Bar Association standards, the
[14:58.220 --> 15:03.360]  number of judicial canons is rather sparse.
[15:03.360 --> 15:11.360]  Canon 3, a judge should perform the duties of the office fairly, impartially, and diligently.
[15:11.360 --> 15:16.320]  The duties of judicial office take precedence over all other activities.
[15:16.320 --> 15:22.560]  In performing the duties prescribed by law, the judge should adhere to the following standards.
[15:22.560 --> 15:29.880]  Adjudicative reasonableness, a judge should be faithful to and maintain professional competence
[15:29.880 --> 15:38.000]  in the law and should not be swayed by partisan interests, public clamor, or fear of criticism.
[15:38.000 --> 15:43.520]  A judge should hear and decide matters assigned unless disqualified and should maintain order
[15:43.520 --> 15:47.000]  and decorum in all judicial proceedings.
[15:47.000 --> 15:55.480]  A judge should be patient, dignified, respectful, and courteous to litigants, jurors, witnesses,
[15:55.480 --> 16:00.360]  lawyers, and others with whom the judge deals in an official capacity.
[16:00.360 --> 16:05.720]  A judge should require similar conduct of those subject to the judge's control, including
[16:05.720 --> 16:11.680]  lawyers to the extent consistent with their role in the adversary process.
[16:11.680 --> 16:17.200]  A judge should accord to every person who has a legal interest in a proceeding and that
[16:17.200 --> 16:22.200]  person's lawyer the full right to be heard according to the law.
[16:22.200 --> 16:28.280]  Acceptance set out below a judge should not initiate, permit, or consider ex parte communications
[16:28.280 --> 16:35.640]  or consider other communications concerning a pending or impending matter that are made
[16:35.640 --> 16:39.080]  outside the presence of the parties and their lawyers.
[16:39.080 --> 16:42.440]  Okay, we are going to break.
[16:42.440 --> 16:50.840]  This is Randy Kelton, Deborah Stevens, Eddie Craig, Ruv La Radio, our call-in number 512-646-1984.
[16:50.840 --> 16:55.920]  We'll keep the phones off for a couple segments until I can get through most of this.
[16:55.920 --> 16:56.920]  We'll be right back.
[16:56.920 --> 17:13.560]  Thought that I was doing well, but the truth to you I'll tell, MSG's and GMO really ain't
[17:13.560 --> 17:14.560]  the way to go.
[17:14.560 --> 17:26.760]  There's a better way I've seen, it's called Tangy Tangerine, and we're all drinking Tangy
[17:26.760 --> 17:27.760]  Tangerine.
[17:27.760 --> 17:28.760]  Tangy Tangerine.
[17:28.760 --> 17:29.760]  Tangy Tangerine.
[17:29.760 --> 17:30.760]  We're all drinking Tangy Tangerine.
[17:30.760 --> 17:31.760]  Tangy Tangerine.
[17:31.760 --> 17:32.760]  Tangy Tangerine.
[17:32.760 --> 17:45.560]  Order Beyond Tangy Tangerine and other great young jeopardy products at logosradionetwork.com
[17:45.560 --> 17:47.560]  by clicking on the Tangy Tangerine banner.
[17:47.560 --> 17:53.160]  Sign up as a preferred customer for wholesale prices or become a distributor and support
[17:53.160 --> 17:54.160]  logosradionetwork.com.
[17:54.160 --> 17:56.920]  So what do you say, Elvis?
[17:56.920 --> 17:57.920]  Thank you.
[17:57.920 --> 17:59.800]  Thank you very much.
[17:59.800 --> 18:04.920]  Are you being harassed by debt collectors with phone calls, letters, or even lawsuits?
[18:04.920 --> 18:08.600]  Stop debt collectors now with the Michael Meris Proven Method.
[18:08.600 --> 18:12.920]  Michael Meris has won six cases in federal court against debt collectors, and now you
[18:12.920 --> 18:13.920]  can win, too.
[18:13.920 --> 18:18.720]  You'll get step-by-step instructions in plain English on how to win in court using federal
[18:18.720 --> 18:24.120]  civil rights statutes, what to do when contacted by phone, mail, or court summons, how to get
[18:24.120 --> 18:27.960]  how to answer letters and phone calls, how to get debt collectors out of your credit
[18:27.960 --> 18:33.380]  report, how to turn the financial tables on them and make them pay you to go away.
[18:33.380 --> 18:38.200]  The Michael Meris Proven Method is the solution for how to stop debt collectors.
[18:38.200 --> 18:40.640]  Personal consultation is available as well.
[18:40.640 --> 18:46.180]  For more information, please visit ruleoflawradio.com and click on the blue Michael Meris banner
[18:46.180 --> 18:49.160]  or email michaelmeris at yahoo.com.
[18:49.160 --> 18:59.280]  To learn how to stop debt collectors now.
[18:59.280 --> 19:23.960]  You are listening to the Logos Radio Network, logosradionetwork.com.
[19:29.280 --> 19:38.440]  Okay, we are back.
[19:38.440 --> 19:43.680]  This is Randy Kelton, Deborah Stevens, Rule of Law Radio.
[19:43.680 --> 19:46.760]  This is our four-hour info marathon.
[19:46.760 --> 19:52.480]  I'll only spend an hour or so on this judicial conduct issue.
[19:52.480 --> 19:58.160]  And when we're done there, we will have the phones open, so call in early, get in line.
[19:58.160 --> 20:01.120]  It generally builds up toward the end of the show.
[20:01.120 --> 20:09.000]  Okay, we were reading, a judge should accord every person who has a legal interest in proceedings.
[20:09.000 --> 20:10.920]  Oops.
[20:10.920 --> 20:16.960]  A judge should accord to every person who has an interest in legal proceedings and that
[20:16.960 --> 20:22.120]  person's lawyer the full right to be heard according to the law, except to set out below
[20:22.120 --> 20:26.960]  a judge should not initiate, permit or consider ex parte communications or consider other
[20:26.960 --> 20:33.780]  communications concerning a pending or impending matter that are made outside the presence
[20:33.780 --> 20:36.540]  of the parties or their lawyers.
[20:36.540 --> 20:42.080]  If a judge receives an unauthorized ex parte communication bearing on the substance of
[20:42.080 --> 20:47.660]  a matter, the judge should promptly notify the parties of the subject matter of the communication
[20:47.660 --> 20:54.520]  and allow the parties an opportunity to respond if requested.
[20:54.520 --> 21:02.000]  A judge may initiate, permit or consider ex parte communications as authorized by law.
[21:02.000 --> 21:08.020]  When the circumstances require it, permit ex parte communication for scheduling administrative
[21:08.020 --> 21:14.160]  or emergency purposes, but only if the ex parte communication does not address substantive
[21:14.160 --> 21:20.860]  matters and the subject reasonably believes that no party will gain a procedural, substantive
[21:20.860 --> 21:27.120]  or tactical advantage as a result of the ex parte communication.
[21:27.120 --> 21:35.480]  C. Obtain the written advice of a disinterested expert on the law, but only after giving advanced
[21:35.480 --> 21:43.880]  notice to the parties of the person to be consulted in the subject matter of the advice
[21:43.880 --> 21:49.240]  and affording the parties a reasonable opportunity to object and respond to the notice and to
[21:49.240 --> 21:55.600]  the advice received or, with the consent of the parties, confer separately with the parties
[21:55.600 --> 22:03.120]  and their counsel in an effort to mediate or settle pending matters.
[22:03.120 --> 22:07.960]  A judge should dispose promptly of business of the court.
[22:07.960 --> 22:13.680]  A judge should not make public comment on the merits of a matter pending or impending
[22:13.680 --> 22:14.680]  in any court.
[22:14.680 --> 22:20.480]  A judge should require similar restraint by court personnel subject to the judge's discretion
[22:20.480 --> 22:22.280]  and control.
[22:22.280 --> 22:28.400]  The prohibition on public comment on the merits does not extend to public statements made
[22:28.400 --> 22:34.120]  in the course of the judge's official duties, to explanations of court procedures or to
[22:34.120 --> 22:40.520]  scholarly presentations made for the purpose of legal education.
[22:40.520 --> 22:46.260]  Administrative Responsibilities A judge should diligently discharge administrative
[22:46.260 --> 22:53.120]  responsibilities, maintain professional competence in judicial administration, and facilitate
[22:53.120 --> 22:59.640]  the performance of the administrative responsibilities of other judges and court personnel.
[22:59.640 --> 23:04.880]  The judge should not direct court personnel to engage in conduct on the judge's behalf
[23:04.880 --> 23:11.120]  or as the judge's representative when that conduct would contravene the code if undertaken
[23:11.120 --> 23:13.360]  by the judge.
[23:13.360 --> 23:19.920]  A judge should exercise the power of appointment fairly and only on the basis of merit, avoiding
[23:19.920 --> 23:23.360]  unnecessary appointments, nepotism, and favoritism.
[23:23.360 --> 23:30.040]  A judge should not approve compensation of appointees beyond the fair value of the services
[23:30.040 --> 23:32.160]  rendered.
[23:32.160 --> 23:37.400]  A judge with supervisory authority over other judges should take reasonable measures to
[23:37.400 --> 23:42.800]  ensure that they perform the duties timely and effectively.
[23:42.800 --> 23:48.040]  A judge should take appropriate action upon hearing of reliable evidence indicating the
[23:48.040 --> 23:54.560]  likelihood that a judge's conduct contravened this code or a lawyer violated applicable
[23:54.560 --> 23:58.840]  rules of professional conduct.
[23:58.840 --> 24:12.240]  Disqualification A judge shall disqualify himself for herself
[24:12.240 --> 24:18.320]  in a proceeding in which the judge's impartiality might reasonably be questioned, including
[24:18.320 --> 24:25.560]  but not limited to instances in which the judge has a personal bias or prejudice concerning
[24:25.560 --> 24:33.160]  a party or personal knowledge of disputed evidentiary facts concerning the proceeding.
[24:33.160 --> 24:37.660]  The judge served as a lawyer in a matter of controversy or a lawyer with whom the judge
[24:37.660 --> 24:44.200]  previously practiced law served during such association as a lawyer concerning the matter
[24:44.200 --> 24:48.680]  and the judge or lawyer has been a material witness.
[24:48.680 --> 24:54.480]  The judge knows that the judge individually or is a fiduciary or the judge's spouse
[24:54.480 --> 24:59.340]  or minor child residing in the judge's household has a financial interest in the subject matter
[24:59.340 --> 25:06.580]  and controversy or in a party to the proceedings or any other interest that could be affected
[25:06.580 --> 25:10.720]  substantially by the outcome of the proceeding.
[25:10.720 --> 25:15.740]  The judge or the judge's spouse or person related to either within a third degree of
[25:15.740 --> 25:23.480]  relationship or the spouse of such a person is a party to the proceeding or an officer,
[25:23.480 --> 25:33.600]  director or trustee of a party, acting as a lawyer in the proceeding, is known by the
[25:33.600 --> 25:38.640]  judge to have an interest that could be substantially affected by the outcome of the proceeding
[25:38.640 --> 25:47.520]  or to the judge's knowledge likely to be a material witness in the proceeding.
[25:47.520 --> 25:53.720]  Therefore the judge has served in governmental employment and in that capacity participated
[25:53.720 --> 25:59.840]  as a judge in a previous judicial position, counsel, advisor or material witness concerning
[25:59.840 --> 26:05.560]  the proceedings or has expressed an opinion concerning the merits of the particular case
[26:05.560 --> 26:08.440]  in the controversy.
[26:08.440 --> 26:15.520]  A judge should keep informed about the judge's personal and fiduciary financial interest
[26:15.520 --> 26:20.480]  and make a reasonable effort to keep informed about the personal financial interest of the
[26:20.480 --> 26:25.560]  judge's spouse and minor children residing in the judge's household.
[26:25.560 --> 26:30.880]  For the purpose of this section, the degree of relationship is calculated according to
[26:30.880 --> 26:32.160]  the civil law system.
[26:32.160 --> 26:38.920]  The following relatives are within the third degree of relationship, parent, child, grandparent,
[26:38.920 --> 26:44.500]  grandchild, great-grandparent, great-grandchild, sister, brother, aunt, uncle, niece, nephew.
[26:44.500 --> 26:52.200]  The listed relatives include whole and half-blood relatives and most-stepped relatives.
[26:52.200 --> 26:57.400]  Fiduciary includes such relationship as executor, administrator, trustee or guardian.
[26:57.400 --> 27:04.320]  Financial interest means ownership of illegal or equitable interest, however small, or relationship
[27:04.320 --> 27:13.560]  as director, advisor or other active participant in the affairs of a party except that ownership
[27:13.560 --> 27:23.740]  in a mutual or common investment fund holds securities is, I'm sorry, ownership in a mutual
[27:23.740 --> 27:31.400]  or common investment fund that holds securities is not a financial interest in such securities
[27:31.400 --> 27:35.820]  unless the judge participates in the management of the fund.
[27:35.820 --> 27:42.240]  An office in an educational, religious, charitable, fraternal, or civic organization is not a
[27:42.240 --> 27:47.100]  financial interest in securities held by the organization.
[27:47.100 --> 27:53.860]  The proprietary interest of the policyholder in a mutual insurance company or a depositor
[27:53.860 --> 28:00.120]  in a mutual savings association or similar proprietary interest is a financial interest
[28:00.120 --> 28:06.180]  in the organization only if the outcome of the proceeding could substantially affect
[28:06.180 --> 28:08.900]  the value of the interest.
[28:08.900 --> 28:20.100]  Leadership of government securities is a financial interest in the issuer only if the outcome
[28:20.100 --> 28:26.440]  of the proceeding could substantially affect the value of the securities.
[28:26.440 --> 28:34.940]  The proceedings includes partial trial, pretrial, appellate review, or other stages of litigation.
[28:34.940 --> 28:39.360]  Notwithstanding the proceeding provisions of this canon, if a judge would be disqualified
[28:39.360 --> 28:44.540]  because of a financial interest in a party other than an interest that could be substantially
[28:44.540 --> 28:49.460]  affected by the outcome, disqualification is not required if the judge or the judge's
[28:49.460 --> 28:56.820]  spouse or minor child divest the interest that provides the grounds for the disqualification.
[28:56.820 --> 28:58.740]  Remittal of disqualification.
[28:58.740 --> 29:07.060]  Instead of withdrawing from the proceedings, a judge disqualified by canon 3C1 may, except
[29:07.060 --> 29:13.600]  in the circumstances specifically set out in subsections A through E, disclose on the
[29:13.600 --> 29:16.800]  record the basis of disqualification.
[29:16.800 --> 29:21.260]  The judge may participate in the proceedings if, after the disclosure, the parties or their
[29:21.260 --> 29:25.980]  lawyers have an opportunity to confer outside the presence of the judge.
[29:25.980 --> 29:30.360]  All agree in writing on the record that the judge should not be disqualified and the judge
[29:30.360 --> 29:33.540]  is then willing to participate.
[29:33.540 --> 29:39.140]  The agreement should be incorporated in the record of the proceedings.
[29:39.140 --> 29:41.620]  That took longer than I expected.
[29:41.620 --> 29:45.620]  Okay, that was canon 3.
[29:45.620 --> 29:48.800]  About halfway through, there aren't that many canons.
[29:48.800 --> 29:53.420]  This is Randy Kelton, Deborah Stevens, Rule of Law Radio.
[29:53.420 --> 29:56.180]  A call-in number, 512-646-1984.
[29:56.180 --> 29:59.260]  We'll be right back.
[29:59.260 --> 30:08.300]  Pedophiles, they live and hunt in our midst, prompting some to call for forced microchipping
[30:08.300 --> 30:09.300]  and tracking.
[30:09.300 --> 30:13.660]  I'm Dr. Catherine Albrecht, and in a moment, I'll tell you why chipping even the most heinous
[30:13.660 --> 30:16.780]  offenders is a very bad idea.
[30:16.780 --> 30:18.500]  Privacy is under attack.
[30:18.500 --> 30:22.100]  When you give up data about yourself, you'll never get it back again.
[30:22.100 --> 30:27.100]  And once your privacy is gone, you'll find your freedoms will start to vanish, too.
[30:27.100 --> 30:32.220]  So protect your rights, say no to surveillance, and keep your information to yourself.
[30:32.220 --> 30:34.860]  Privacy, it's worth hanging onto.
[30:34.860 --> 30:40.540]  This message is brought to you by StartPage.com, the private search engine alternative to Google,
[30:40.540 --> 30:42.220]  Yahoo, and Bing.
[30:42.220 --> 30:45.740]  Start over with StartPage.
[30:45.740 --> 30:50.740]  In our surveillance-mad society, there's a wise Chinese proverb we should keep in mind.
[30:50.740 --> 30:55.240]  The fire you kindle for your enemy often burns you more than it burns him.
[30:55.240 --> 31:00.020]  Chipping pedophiles might sound like a good idea until we realize it won't stop there.
[31:00.020 --> 31:04.140]  First pedophiles, then drug dealers, then drunk drivers and tax cheats, and finally
[31:04.140 --> 31:07.540]  that guy who built a deck on the back of his house without the right permit.
[31:07.540 --> 31:12.700]  Next, they'll tag nuclear workers, food workers, then teachers, and eventually they'll come
[31:12.700 --> 31:13.700]  for us all.
[31:13.700 --> 31:17.260]  No matter how good forced chipping looks, we must say no.
[31:17.260 --> 31:21.700]  My big brother has surrounded us with dried kindling and he's hankering for a match.
[31:21.700 --> 31:22.900]  Let's not hand it to him.
[31:22.900 --> 31:30.620]  I'm Dr. Catherine Albrecht for StartPage.com, the world's most private search engine.
[31:30.620 --> 31:35.980]  This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11th.
[31:35.980 --> 31:38.460]  The government says that fire brought it down.
[31:38.460 --> 31:43.040]  However, 1,500 architects and engineers concluded it was a controlled demolition.
[31:43.040 --> 31:45.700]  Over 6,000 of my fellow service members have given their lives.
[31:45.700 --> 31:48.460]  But thousands of my fellow first responders are dying.
[31:48.460 --> 31:49.820]  I'm not a conspiracy theorist.
[31:49.820 --> 31:50.820]  I'm a structural engineer.
[31:50.820 --> 31:52.300]  I'm a New York City correction officer.
[31:52.300 --> 31:53.300]  I'm an Air Force pilot.
[31:53.300 --> 31:54.980]  I'm a father who lost his son.
[31:54.980 --> 31:57.580]  We're Americans and we deserve the truth.
[31:57.580 --> 32:01.260]  Go to RememberBuilding7.org today.
[32:01.260 --> 32:06.220]  It is so enlightening to listen to 90.1 FM, but finding things on the internet isn't so
[32:06.220 --> 32:09.940]  easy and neither is finding like-minded people to share it with.
[32:09.940 --> 32:12.860]  Oh, well, I guess you haven't heard of Brave New Books then.
[32:12.860 --> 32:14.060]  Brave New Books?
[32:14.060 --> 32:15.060]  Yes.
[32:15.060 --> 32:19.220]  Brave New Books has all the books and DVDs you're looking for by authors like Alex Jones,
[32:19.220 --> 32:21.220]  Ron Paul, and G. Edward Griffin.
[32:21.220 --> 32:25.300]  They even stock inner food, Berkey products, and Calvin soaps.
[32:25.300 --> 32:27.540]  There's no way a place like that exists.
[32:27.540 --> 32:29.000]  Go check it out for yourself.
[32:29.000 --> 32:32.860]  It's downtown at 1904 Guadalupe Street, just south of UT.
[32:32.860 --> 32:36.660]  Oh, by UT, there's never anywhere to park down there.
[32:36.660 --> 32:41.980]  Actually, they now offer a free hour of parking for paying customers at the 500 MLK parking
[32:41.980 --> 32:44.980]  facility, just behind the bookstore.
[32:44.980 --> 32:47.980]  It does exist, but when are they open?
[32:47.980 --> 32:52.740]  Monday through Saturday, 11 AM to 9 PM and 1 to 6 PM on Sundays.
[32:52.740 --> 33:03.820]  So give them a call at 512-480-2503 or check out their events page at bravenewbookstore.com.
[33:03.820 --> 33:19.860]  You're listening to the Logos Radio Network at logosradionetwork.com.
[33:19.860 --> 33:40.180]  Okay, this is Randy Kelton, Deborah Stevens, I'm back.
[33:40.180 --> 33:49.060]  And for those of you who listened to the show last night, I would appreciate any calls concerning
[33:49.060 --> 34:02.140]  complaints against lawyers that relate to the standards that we read last night, and
[34:02.140 --> 34:08.620]  any stories about problems with judges.
[34:08.620 --> 34:16.620]  I would really like to get those in writing because I have up bargreements.net and I'll
[34:16.620 --> 34:19.420]  be dressing it out and adding notations.
[34:19.420 --> 34:31.100]  I want to put on a section for examples of stories of what lawyers have done and I'll
[34:31.100 --> 34:41.740]  take those and put them into the system relative to the standard that the behavior violates
[34:41.740 --> 34:46.340]  so that when people read these canons, they can see examples of what amounts to a violation
[34:46.340 --> 34:48.100]  of the canon.
[34:48.100 --> 34:56.580]  So I would appreciate any email or snail mail if you have to, but I would like to get some
[34:56.580 --> 34:57.580]  of that information.
[34:57.580 --> 35:02.700]  You don't have to give anything, but a first name is sufficient.
[35:02.700 --> 35:06.260]  In case you don't want these guys, you're afraid these guys might come back after you.
[35:06.260 --> 35:11.340]  Okay, with that said, we're going to go to Canon 4.
[35:11.340 --> 35:18.740]  A judge may engage in extrajudicial activities that are consistent with the obligations of
[35:18.740 --> 35:20.300]  judicial office.
[35:20.300 --> 35:27.500]  A judge may engage in extrajudicial activities including law-related pursuits and civic,
[35:27.500 --> 35:34.100]  charitable, educational, religious, social, financial, fiduciary, and governmental activities,
[35:34.100 --> 35:40.100]  and may speak, write, lecture, and teach on both law-related and non-legal subjects.
[35:40.100 --> 35:46.700]  However, a judge should not participate in extrajudicial activities that distract from
[35:46.700 --> 35:52.420]  the dignity of the judge's office, interfere with the performance of the judge's official
[35:52.420 --> 36:00.820]  duties, reflect adversely on the judge's impartiality, lead to frequent disqualification,
[36:00.820 --> 36:06.100]  or violate the limitations set forth below.
[36:06.100 --> 36:12.060]  State activities, speaking, writing, teaching, a judge may speak, write, lecture, teach,
[36:12.060 --> 36:17.260]  and participate in other activities concerning the law, the legal system, and the administration
[36:17.260 --> 36:19.260]  of justice.
[36:19.260 --> 36:25.900]  Consultation, a judge may consult with or appear at a public hearing before an executive
[36:25.900 --> 36:32.840]  or legislative body or official on matters concerning the law, legal system, or the administration
[36:32.840 --> 36:39.360]  of justice to the extent that it would generally be perceived that a judge's judicial experience
[36:39.360 --> 36:47.520]  provides special expertise in the area or when the judge is acting pro se in a matter
[36:47.520 --> 36:50.780]  involving the judge or the judge's interest.
[36:50.780 --> 36:56.340]  Organizations, a judge may participate in and serve as a member, officer, director,
[36:56.340 --> 37:02.420]  trustee, or non-legal advisor of a nonprofit organization devoted to the law.
[37:02.420 --> 37:07.580]  The legal system or the administration of justice and may assist such an organization
[37:07.580 --> 37:10.740]  in the management and investment of funds.
[37:10.740 --> 37:16.220]  A judge may make recommendations to public and private fund-granting agencies about the
[37:16.220 --> 37:21.220]  projects and programs concerning the law, the legal system, and the administration of
[37:21.220 --> 37:23.660]  justice.
[37:23.660 --> 37:28.980]  Arbitration and mediation, a judge should not act as an arbitrator or mediator or otherwise
[37:28.980 --> 37:36.500]  perform judicial functions apart from the judge's official duties unless expressly
[37:36.500 --> 37:39.420]  authorized by law.
[37:39.420 --> 37:44.500]  Practice of law, a judge should not practice law and should not serve as a family member's
[37:44.500 --> 37:46.520]  lawyer in any forum.
[37:46.520 --> 37:53.260]  A judge may, however, act pro se and may without compensation give legal advice to and draft
[37:53.260 --> 37:57.380]  or review documents for a member of the judge's family.
[37:57.380 --> 38:04.140]  Charitable and civic and charitable activities.
[38:04.140 --> 38:10.520]  A judge may participate in and serve as an officer, director, trustee, or non-legal advisor
[38:10.520 --> 38:18.260]  for a nonprofit, civic, charitable, educational, religious, or social organization subject
[38:18.260 --> 38:20.700]  to the following limitations.
[38:20.700 --> 38:27.340]  A judge should not serve if it is likely that the organization will either be engaged in
[38:27.340 --> 38:34.060]  proceedings that would ordinarily come before the judge or be regularly engaged in adversary
[38:34.060 --> 38:36.700]  proceedings in any court.
[38:36.700 --> 38:42.400]  A judge should not give investment advice to such an organization but may serve on its
[38:42.400 --> 38:48.140]  board of directors or trustees even though it has responsibility for approving investment
[38:48.140 --> 38:50.020]  decisions.
[38:50.020 --> 38:51.060]  Fundraising.
[38:51.060 --> 38:57.500]  A judge may assist nonprofit, law-related, civic, charitable, educational, religious,
[38:57.500 --> 39:04.020]  or social organizations in planning fundraising activities and may be listed as an officer,
[39:04.020 --> 39:05.980]  director, or trustee.
[39:05.980 --> 39:13.540]  A judge may solicit funds for such an organization from judges over whom the judge does not exercise
[39:13.540 --> 39:19.300]  supervisory or appellate authority and from members of the judge's family.
[39:19.300 --> 39:25.500]  Otherwise a judge should not personally participate in fundraising activities, solicit funds for
[39:25.500 --> 39:31.660]  any organization, or use or permit the use of the prestige of the judicial office for
[39:31.660 --> 39:33.340]  that purpose.
[39:33.340 --> 39:39.240]  A judge should not personally participate in membership solicitation if the solicitation
[39:39.240 --> 39:48.420]  might reasonably be perceived as coercive or is essentially a fundraising mechanism.
[39:48.420 --> 39:49.900]  Judicial activities.
[39:49.900 --> 39:57.100]  A judge may hold and manage investments including real estate and engage in other remunerative
[39:57.100 --> 40:03.140]  activity but should refrain from financial and business dealings that exploit the judicial
[40:03.140 --> 40:09.500]  position or involve the judge in frequent transactions or continuing business relationships
[40:09.500 --> 40:16.740]  with lawyers or other persons likely to come before the court on which the judge serves.
[40:16.740 --> 40:23.300]  A judge may serve as an officer, director, active partner, manager, advisor, or employee
[40:23.300 --> 40:29.500]  of a business only if the business is closely held and controlled by members of the judge's
[40:29.500 --> 40:30.500]  family.
[40:30.500 --> 40:38.540]  For this purpose, members of the judge's family means persons related to the judge
[40:38.540 --> 40:46.660]  or the judge's spouse within the third degree of relationship as defined in Canon 3C 3A.
[40:46.660 --> 40:51.620]  Any other relative with whom the judge or the judge's spouse maintains a close financial
[40:51.620 --> 40:57.060]  relationship and the spouse of any of the foregoing.
[40:57.060 --> 41:02.500]  As soon as the judge can do so without serious financial detriment, the judge should divest
[41:02.500 --> 41:10.300]  investments and other financial interests that might require frequent disqualification.
[41:10.300 --> 41:17.200]  A judge should comply with the restrictions on acceptance of gifts and the prohibition
[41:17.200 --> 41:25.220]  on solicitation of gifts set forth in judicial conference gift relations.
[41:25.220 --> 41:28.060]  This looks like some kind of conference.
[41:28.060 --> 41:29.620]  This is all capital.
[41:29.620 --> 41:33.260]  Judicial conference gift regulations, there we go.
[41:33.260 --> 41:38.020]  A judge should endeavor to prevent any member of the judge's family residing in the household
[41:38.020 --> 41:43.180]  from soliciting or accepting a gift except to the extent that a judge would be permitted
[41:43.180 --> 41:47.580]  to do so by the judicial conference gift regulations.
[41:47.580 --> 41:53.180]  A member of the judge's family means any relative of a judge by blood, adoption, or
[41:53.180 --> 41:59.380]  marriage and any person treated by a judge as a member of the judge's family.
[41:59.380 --> 42:05.420]  A judge should not disclose or use non-public information acquired in a judicial capacity
[42:05.420 --> 42:12.300]  for any purpose unrelated to the judge's official duties.
[42:12.300 --> 42:15.300]  Fiduciary activities.
[42:15.300 --> 42:20.580]  A judge may serve as an executive or administrative trustee, guardian, or other fiduciary only
[42:20.580 --> 42:26.940]  for the estate, trust, or person of a member of the judge's family as defined in Canon
[42:26.940 --> 42:28.580]  4D4.
[42:28.580 --> 42:32.780]  As a family fiduciary, a judge is subject to the following restrictions.
[42:32.780 --> 42:38.340]  The judge should not serve if it is likely that, as a fiduciary, the judge would engage
[42:38.340 --> 42:44.860]  in proceedings that would ordinarily come before the judge or if the estate, trust,
[42:44.860 --> 42:50.740]  or ward becomes involved in adversary proceedings in the court on which the judge serves or
[42:50.740 --> 42:54.020]  one under its appellate jurisdiction.
[42:54.020 --> 42:59.940]  While acting as a fiduciary, a judge is subject to the same restrictions on financial activities
[42:59.940 --> 43:04.480]  that apply to the judge in a personal capacity.
[43:04.480 --> 43:05.480]  Governmental appointments.
[43:05.480 --> 43:10.400]  A judge may accept an appointment to a governmental committee, commission, or other position only
[43:10.400 --> 43:16.180]  if it is one that concerns the law, the legal system, or the administration of justice,
[43:16.180 --> 43:21.980]  or if appointment of a judge is required by federal statute.
[43:21.980 --> 43:26.220]  A judge should not, in any event, accept such an appointment if the judge's governmental
[43:26.220 --> 43:31.940]  duties would tend to undermine the public confidence in the integrity, impartiality,
[43:31.940 --> 43:35.060]  or independence of the judiciary.
[43:35.060 --> 43:42.460]  A judge may represent the judge's county, state, or locality on ceremonial occasions
[43:42.460 --> 43:49.260]  or in connection with historical, educational, and cultural activities.
[43:49.260 --> 43:53.140]  Chambers, resources, and staff.
[43:53.140 --> 43:58.260]  A judge should not, to any substantial degree, use judicial chambers.
[44:23.140 --> 44:45.260]  A judge should not, to any substantial degree, use judicial chambers.
[44:45.260 --> 44:52.260]  A judge should not, to any substantial degree, use judicial chambers.
[44:52.260 --> 45:02.480]  A judge should not, to any substantial degree, use judicialounded
[45:02.480 --> 45:03.480] crashbacks.
[45:03.480 --> 45:10.480]  Win your case without an attorney with Jurisdictionary, the affordable, easy-to-understand 4CD course
[45:10.480 --> 45:14.480]  that will show you how in 24 hours, step-by-step.
[45:14.480 --> 45:18.480]  If you have a lawyer, know what your lawyer should be doing.
[45:18.480 --> 45:22.480]  If you don't have a lawyer, know what you should do for yourself.
[45:22.480 --> 45:27.480]  Thousands have won with our step-by-step course, and now you can too.
[45:27.480 --> 45:33.480]  Jurisdictionary was created by a licensed attorney with 22 years of case-winning experience.
[45:33.480 --> 45:38.480]  Even if you're not in a lawsuit, you can learn what everyone should understand
[45:38.480 --> 45:42.480]  about the principles and practices that control our American courts.
[45:42.480 --> 45:51.480]  You'll receive our audio classroom, video seminar, tutorials, forms for civil cases, pro se tactics, and much more.
[45:51.480 --> 46:00.480]  Please visit RuleOfLawRadio.com and click on the banner, or call toll-free 866-LAW-EASY.
[46:21.480 --> 46:35.480]  Okay, Randy Kelton, Deborah Stevens, Rule of Law Radio, we're back. Sorry about that running over the end.
[46:35.480 --> 46:38.480]  I was on a roll there and missed the clock.
[46:38.480 --> 46:44.480]  Okay, last one. Compensation, reimbursement, and financial reporting.
[46:44.480 --> 46:55.480]  A judge may accept compensation and reimbursement for expenses for the law-related and extrajudicial activities permitted by this code
[46:55.480 --> 47:02.480]  if the source of the payment does not give the appearance of influencing the judge in the judge's judicial duties
[47:02.480 --> 47:08.480]  or otherwise give the appearance of impropriety, subject to the following restrictions.
[47:08.480 --> 47:19.480]  Compensation should not exceed a reasonable amount, nor should it exceed what a person who is not a judge would receive for the same activity.
[47:19.480 --> 47:27.480]  Expensive reimbursement should, I'm sorry, expense reimbursement should be limited to the actual costs of travel through lodging
[47:27.480 --> 47:34.480]  reasonably incurred by the judge, and where appropriate to the occasion, the judge's spouse or relative.
[47:34.480 --> 47:40.480]  Any additional payment is compensation.
[47:40.480 --> 47:50.480]  A judge should make required financial disclosures, including disclosures of gifts and other things of value in compliance with the applicable statutes
[47:50.480 --> 47:55.480]  and judicial conference regulations and directives.
[47:55.480 --> 48:00.480]  Okay, that was a big one.
[48:00.480 --> 48:12.480]  And it was actually the last one. So, the canons of judicial ethics, we have four.
[48:12.480 --> 48:31.480]  Unlike the bargaining standards, we're going to go ahead and turn on the phones if you have a question or a comment or a story about
[48:31.480 --> 48:38.480]  something that may have occurred to you with a lawyer or a judge, we would sure like to hear that.
[48:38.480 --> 48:52.480]  We went through the bar grievance, the bar standards yesterday, and my favorite was the bar association standards for the prosecutorial function.
[48:52.480 --> 49:11.480]  Until we get some calls, there was part that I didn't get to yesterday that I would like to look at today, and that was part on the prosecutor, the prosecutorial function.
[49:11.480 --> 49:25.480]  There were a number of sections that we ran out of time. There were so many standards for lawyers as compared to judges that we went almost over two hours with it yesterday.
[49:25.480 --> 49:36.480]  And when we went out, I was addressing some issues concerning the prosecuting attorney and grand juries.
[49:36.480 --> 49:52.480]  So, we're going to back up to the American Bar Association standards for the prosecutorial function, and we're going to start with investigative functions.
[49:52.480 --> 50:09.480]  There's one here that I'll get to shortly that I have actually used in court. It was 3-3.11. I'll get to a story on that when I get to it.
[50:09.480 --> 50:25.480]  But this is the American Bar Association standards for the prosecutorial function, standard 3-3, investigative function.
[50:25.480 --> 50:33.480]  We read the federal standards in terms of statements of the code.
[50:33.480 --> 50:48.480]  Here we've taken the code and tried to turn it into a question. Did the prosecutor investigate some suspect legal activity when it was not adequately dealt with by other agencies?
[50:48.480 --> 50:52.480]  And I think I mentioned this one last night, but I wanted to go back to it.
[50:52.480 --> 51:06.480]  The American Bar Association standards for the prosecutorial function several years ago, about 20 years ago, used to call a violation of each one of these unethical conduct.
[51:06.480 --> 51:13.480]  It used to say, it is unethical conduct for the prosecutor too.
[51:13.480 --> 51:20.480]  Sometime in the interim, I'm not sure exactly when, they took all of that language out of it.
[51:20.480 --> 51:31.480]  But I still prefer to use the older language. I think it sounds better. It's more instructive to the judge.
[51:31.480 --> 51:35.480]  So I'll go on through them that way.
[51:35.480 --> 51:54.480]  Let's see, a prosecutor ordinarily relies on police or other investigative agencies for investigation of alleged crimes or acts, but the prosecutor has an affirmative responsibility to investigate suspected illegal activity when it's not adequately dealt with by other agencies.
[51:54.480 --> 52:05.480]  This is the statute that I just asked the question about, or the bar standard.
[52:05.480 --> 52:34.480]  Did the prosecutor inviduously discriminate against or in favor of any person on the basis of race, religion, sex, sexual preference, or ethnicity in exercising discretion to investigate or to prosecute or use other improper considerations in exercising such discretion?
[52:34.480 --> 52:48.480]  In reading these standards, or these standards of ethical conduct, here I have a problem with the standards themselves.
[52:48.480 --> 53:00.480]  This one said, did the prosecutor discriminate in exercising discretion to investigate or prosecute?
[53:00.480 --> 53:13.480]  Well, I don't know that the prosecutor has any discretion. He certainly doesn't under statute as whether or not to prosecute.
[53:13.480 --> 53:30.480]  They exercise discretion and the courts have allowed them to exercise discretion, but our founders and our legislators, when they put the law in place, they put in structures to deal with those issues.
[53:30.480 --> 53:40.480]  Discretion was intended to be exercised by magistrates, not by prosecutors.
[53:40.480 --> 53:45.480]  That was the purpose of bringing the person before a magistrate.
[53:45.480 --> 53:54.480]  It is the magistrate who makes the determination of whether or not to prosecute, not the prosecuting attorney.
[53:54.480 --> 54:13.480]  Now, prosecuting attorneys felt like they should be the ones to make that determination since they were the ones that would ultimately have to do the prosecution, but our founders forbade that and with good cause, they understood the problem.
[54:13.480 --> 54:42.480]  In addressing partially this issue, in addressing the filing of a criminal accusation by a prosecuting attorney, it said, in order to avoid the obvious evils of the accumulation of power in any one office for the purpose of filing a criminal accusation, a prosecuting attorney is not a credible person.
[54:42.480 --> 54:51.480]  It was not intended that a prosecutor decide who to prosecute and who not to prosecute.
[54:51.480 --> 54:59.480]  It was very clearly intended that magistrates perform that function.
[54:59.480 --> 55:16.480]  But the legislature, in their wisdom, decided that we had prosecuting attorneys in public employ, and they were, after all, learned at counsel.
[55:16.480 --> 55:28.480]  So they elected the expediency of directing prosecuting attorneys to render legal advice to the police and inferior courts.
[55:28.480 --> 55:41.480]  That may have sounded logical, rational, and reasonable, but it was a prescription for the precise disaster we experience today.
[55:41.480 --> 55:50.480]  What did they think the prosecutors would advise the police and lower courts to do?
[55:50.480 --> 56:06.480]  Did they really think prosecutors would advise inferior court judges, inferior court meaning that they're not necessarily lawyers, and police officers who were clearly not lawyers?
[56:06.480 --> 56:26.480]  Did they really think that the prosecutors would advise them to do precisely what the law required, or would they advise them in ways that lent itself to prosecutorial expediency and administrative convenience?
[56:26.480 --> 56:35.480]  Did they really think the prosecutor would tell the judge and police officers to do things that would make the prosecutors' life a living hell?
[56:35.480 --> 56:40.480]  The prosecutor, he's there to adjudicate these cases.
[56:40.480 --> 56:52.480]  He's there to punish the guilty, and you would expect him to advise these courts and police in ways that lend itself to the prosecution.
[56:52.480 --> 56:56.480]  And that is exactly what they've done.
[56:56.480 --> 57:12.480]  If you read the Penal Code, Code of Criminal Procedure for the state of Texas, and then compare the practice to the statute, you will probably feel as I did when I did that.
[57:12.480 --> 57:26.480]  I felt as if I had stepped through the looking glass. How could the practice be so different from what I read in the code?
[57:26.480 --> 57:51.480]  It took some 15 years of research to realize that when I first read the code and then looked at the practice, I presumed that I had missed something, because for the most part, I had faith in my fellow man that most of the public are good and well-meaning people.
[57:51.480 --> 57:57.480]  And if everybody's trying to do the right thing, how did we get in such a mess?
[57:57.480 --> 58:13.480]  And we got in such a mess because we didn't read the canons of judicial ethics, the Bar Association standards, and the standards of prosecutorial function and hold our public officials to them.
[58:13.480 --> 58:19.480]  This is Randy Kelton, Deborah Stevens, Eddie Craig, the ruler of our radio.
[58:19.480 --> 58:24.480]  Our call-in lines are open. We're going to go to our top-of-the-hour break.
[58:24.480 --> 58:31.480]  When we come back, if I don't have any calls, I will spend some more time on the prosecutorial function.
[58:31.480 --> 58:39.480]  I think everybody will benefit greatly from knowing what the prosecutor should and should not be doing.
[58:39.480 --> 58:49.480]  This is Randy Kelton, Deborah Stevens with our radio. We'll be right back.
[59:09.480 --> 59:17.480]  The free books are a three-volume set called Basic Elements of the Christian Life.
[59:17.480 --> 59:26.480]  Chapter by chapter, Basic Elements of the Christian Life clearly presents God's plan of salvation, growing in Christ and how to build up the church.
[59:26.480 --> 59:43.480]  To order your free New Testament recovery version and Basic Elements of the Christian Life, call Bibles for America toll-free at 888-551-0102.
[59:43.480 --> 59:59.480]  Or, visit us online at BFA.org.
[01:00:14.480 --> 01:00:19.480]  John Bush here with your Liberty Beat for March 22, 2013.
[01:00:19.480 --> 01:00:22.480]  Gold opened today at $1,609.
[01:00:22.480 --> 01:00:25.480]  Silver at $28.9896.
[01:00:25.480 --> 01:00:29.480]  And Bitcoin is trading at $72.95.
[01:00:29.480 --> 01:00:36.480]  Today's edition of the Liberty Beat is sponsored in part by Brave New Books, your Central Texas supplier of one world way and tangy tangerine.
[01:00:36.480 --> 01:00:39.480]  Online at BraveNewBookstore.com.
[01:00:39.480 --> 01:00:43.480]  And now the news.
[01:00:43.480 --> 01:00:51.480]  A program aimed at rewarding people who blow the whistle on illegal gun owners has yet to show significant results as three police agencies in New York.
[01:00:51.480 --> 01:01:00.480]  In February of 2012, 11 months before the passage of NY Safe Act, Governor Cuomo's office announced a four-pronged initiative to curb gun violence.
[01:01:00.480 --> 01:01:06.480]  One of the programs was a cash reward for citizens who lead police to the arrest and confiscation of illegal firearms.
[01:01:06.480 --> 01:01:13.480]  Known as the Gun Tip Line, New Yorkers can call a toll-free hotline to alert police if they believe someone they know has an illegal gun.
[01:01:13.480 --> 01:01:19.480]  The call would be picked up by state police and local law enforcement would be notified if the tip seemed reliable.
[01:01:19.480 --> 01:01:23.480]  If there was an arrest, the tipster would receive as much as $500.
[01:01:23.480 --> 01:01:36.480]  The U.S. government is expanding a cybersecurity program that scans internet traffic headed into and out of defense contractors to include far more of the country's private civilian-run infrastructure.
[01:01:36.480 --> 01:01:47.480]  As a result, more private sector employees than ever before, including those at big banks, utilities, and key transportation companies, will have their emails and web surfing scanned as a precaution against cyberattacks.
[01:01:47.480 --> 01:02:02.480]  Under last month's White House Executive Order on Cybersecurity, the scans will be driven by classified information provided by U.S. intelligence agencies, including data from the National Security Agency, on new or specifically serious espionage threats and other hacking attempts.
[01:02:06.480 --> 01:02:15.480]  Republican amendments to the Senate's budget proposal would require President Obama and Vice President Biden to get their medical care through the new exchanges created by Obama's signature health care law.
[01:02:15.480 --> 01:02:25.480]  Senators Susan Collins, Republican from Maine, and Kelly Ayotte, Republican from New Hampshire, both offered amendments to move the President and Vice President into the health care laws exchange.
[01:02:25.480 --> 01:02:31.480]  After the Affordable Care Act passed, the White House said Obama would enroll in exchange once the time came in 2014.
[01:02:31.480 --> 01:02:39.480]  Collins and Ayotte's amendment would require the President, the Vice President, and the Cabinet to put their premiums where their politics are.
[01:02:39.480 --> 01:02:58.480]  The Liberty Beat is sponsored in part by PureRain, chemical and fluoride-free bottled water available at Central Market and Whole Foods grocery stores, online at PureRainUSA.com, and by Central Texas Gun Works, self-defense training, CHL courses, and firearm sales, online at CentralTexasGunWorks.com.
[01:03:10.480 --> 01:03:16.480]  I read his book and it says he cares not for the unsightly.
[01:03:18.480 --> 01:03:23.480]  These warm-up girls come by that term rightly.
[01:03:27.480 --> 01:03:30.480]  I won't pay for the war with my body.
[01:03:30.480 --> 01:03:33.480]  Ain't gonna pay for the car with my money.
[01:03:33.480 --> 01:03:37.480]  I won't pay for the fun with my body.
[01:03:37.480 --> 01:03:40.480]  Their plan's wicked and their logic's shoddy.
[01:03:40.480 --> 01:04:08.480]  Ain't gonna pay for the war with my body.
[01:04:10.480 --> 01:04:13.480]  I encourage others to use such means.
[01:04:13.480 --> 01:04:17.480]  You have got to be kidding me.
[01:04:17.480 --> 01:04:26.480]  These prosecutors have raised the activity of testifying to an art form.
[01:04:26.480 --> 01:04:32.480]  I believe these police officers will lie when the truth will do better.
[01:04:32.480 --> 01:04:38.480]  And they do so because they seem to be instructed to do so.
[01:04:38.480 --> 01:04:53.480]  If anybody here has ever been stopped and raised an objection to anything a police officer does, you'll notice one of the first things they say is, why are you getting agitated?
[01:04:53.480 --> 01:04:58.480]  Now these guys didn't just come up with that out of the clear blue sky.
[01:04:58.480 --> 01:05:01.480]  This is training.
[01:05:01.480 --> 01:05:11.480]  They're trained to say that so that they can then come into court and say that the person was agitated.
[01:05:11.480 --> 01:05:27.480]  And I've got to where the first time the police officer gives me just the slightest amount of a bit of tension in his voice, I want to know why he's getting agitated.
[01:05:27.480 --> 01:05:37.480]  I had an officer pull me over in Hazel, Texas the other night and wrote me two tickets, one of them because I wouldn't show him my proof of insurance.
[01:05:37.480 --> 01:05:42.480]  I told him to look it up on his computer and he said, I don't do that.
[01:05:42.480 --> 01:05:44.480]  Well, go do that.
[01:05:44.480 --> 01:05:46.480]  He said, I don't do that.
[01:05:46.480 --> 01:05:47.480]  Well, it's time you did.
[01:05:47.480 --> 01:05:48.480]  Go do that.
[01:05:48.480 --> 01:05:52.480]  He asked me to show it to him and I said, no.
[01:05:52.480 --> 01:05:53.480]  Well, then I'll write you a ticket.
[01:05:53.480 --> 01:05:56.480]  Well, knock yourself out.
[01:05:56.480 --> 01:06:02.480]  He never once lost his cool, even in the slightest.
[01:06:02.480 --> 01:06:05.480]  I was really pleased with him.
[01:06:05.480 --> 01:06:12.480]  But if he had, I would have asked him, why are you getting agitated?
[01:06:12.480 --> 01:06:25.480]  I asked one a while back if he was on anabolic steroids, specifically testosterone amylase.
[01:06:25.480 --> 01:06:27.480]  I told him, your skin looks so tight.
[01:06:27.480 --> 01:06:32.480]  It looks like if I stuck it with a pin, you would pop like a tick.
[01:06:32.480 --> 01:06:38.480]  If you've been taking anabolic steroids, is that why you're so agitated and can't control your emotions?
[01:06:38.480 --> 01:06:43.480]  Oh, did he get excited?
[01:06:43.480 --> 01:06:56.480]  They really vehemently insisted that he was not on anabolic steroids and gave me every reason to believe a lying son of a gun most certainly was.
[01:06:56.480 --> 01:07:02.480]  I see this more and more in police officers.
[01:07:02.480 --> 01:07:04.480]  They're bulked up.
[01:07:04.480 --> 01:07:06.480]  Their skin looks like it stretched the tide.
[01:07:06.480 --> 01:07:08.480]  It's about to pop.
[01:07:08.480 --> 01:07:10.480]  And they're almost vibrating.
[01:07:10.480 --> 01:07:11.480]  They're so agitated.
[01:07:11.480 --> 01:07:14.480]  These guys terrified me.
[01:07:14.480 --> 01:07:15.480]  Anyway, enough of that.
[01:07:15.480 --> 01:07:20.480]  I'll go back to investigative function.
[01:07:20.480 --> 01:07:21.480]  Okay, investigative function.
[01:07:21.480 --> 01:07:38.480]  Did the prosecutor secure the attendance of persons for interviews by use of communications which had the appearance or color of a subpoena or similar judicial process where the prosecutor was not authorized by law to do so?
[01:07:38.480 --> 01:07:45.480]  Most people, this won't make much sense, but if you've been there, it will.
[01:07:45.480 --> 01:07:50.480]  If you have been ordered to come to court.
[01:07:50.480 --> 01:07:54.480]  I actually had this done to me very subtly.
[01:07:54.480 --> 01:08:09.480]  When the Secretary of State's police officer lost his cool and knocked out one of my teeth, when I asked him what part of I do not want to talk to you, do you not understand?
[01:08:09.480 --> 01:08:12.480]  And I did this in front of all of his underlings.
[01:08:12.480 --> 01:08:14.480]  And he lost his cool and slammed me in the wall.
[01:08:14.480 --> 01:08:23.480]  And then they arrested me to cover up what he had done.
[01:08:23.480 --> 01:08:26.480]  Lost my place.
[01:08:26.480 --> 01:08:27.480]  Oh, I'm sorry.
[01:08:27.480 --> 01:08:30.480]  Yeah, lost my place there.
[01:08:30.480 --> 01:08:43.480]  After they charged me with criminal trespass, they subpoenaed me to come to court.
[01:08:43.480 --> 01:08:54.480]  And when I got to court, the prosecutor wanted to talk to me, and I refused to talk to the prosecutor, and the judge finally called me up.
[01:08:54.480 --> 01:08:55.480]  It's kind of a long story.
[01:08:55.480 --> 01:08:58.480]  It got kind of exciting before we got there.
[01:08:58.480 --> 01:09:02.480]  But the judge called me up, and she asked if I was Randall Kelton.
[01:09:02.480 --> 01:09:05.480]  I said, yes, Your Honor, I am.
[01:09:05.480 --> 01:09:08.480]  You want to tell me why I'm here?
[01:09:08.480 --> 01:09:12.480]  He said, well, Your Honor, we subpoenaed you to be here.
[01:09:12.480 --> 01:09:17.480]  I said, yes, I know, I have that, but it doesn't tell me why I've been ordered to come here.
[01:09:17.480 --> 01:09:19.480]  You want to tell me why I'm here?
[01:09:19.480 --> 01:09:25.480]  And she said, well, Mr. Kelton, we needed to find out if you had a lawyer.
[01:09:25.480 --> 01:09:27.480]  And that was not why they called me there.
[01:09:27.480 --> 01:09:38.480]  They called me there so that the prosecutor could talk to me and try to get information out of me and then offer me a deal.
[01:09:38.480 --> 01:09:53.480]  So I said to her, well, I have the 28.01 Texas Code of Criminal Procedure, and it lists all those things you can order me to come to court for to see if I have a lawyer.
[01:09:53.480 --> 01:09:55.480]  It's not one of them.
[01:09:55.480 --> 01:09:59.480]  That made that appearance of a subpoena.
[01:09:59.480 --> 01:10:00.480]  It was not a subpoena.
[01:10:00.480 --> 01:10:03.480]  It was just a notice.
[01:10:03.480 --> 01:10:14.480]  And it was apparently an informal notice because they had no authority to order me to come to court for that purpose.
[01:10:14.480 --> 01:10:17.480]  That was abusive process.
[01:10:17.480 --> 01:10:21.480]  That's a crime in Texas.
[01:10:21.480 --> 01:10:24.480]  Anyway, okay, let me go on.
[01:10:24.480 --> 01:10:27.480]  This was not my favorite section.
[01:10:27.480 --> 01:10:30.480]  We will get to my favorite section here shortly.
[01:10:30.480 --> 01:10:39.480]  Let me go to the next one, role of first appearance and preliminary hearing.
[01:10:39.480 --> 01:10:57.480]  Did the prosecutor at a pretrial hearing attempt to communicate with the accused when no waiver of counsel had been entered except for the purpose of obtaining counsel or in arranging for the pretrial release of the accused?
[01:10:57.480 --> 01:11:00.480]  This is also what they did.
[01:11:00.480 --> 01:11:07.480]  Anybody who's gotten a ticket has been ordered to come to court, and they call it a pretrial.
[01:11:07.480 --> 01:11:09.480]  A lot of times there's no lawyer present.
[01:11:09.480 --> 01:11:16.480]  There's no magistrate present, no judge or magistrate present.
[01:11:16.480 --> 01:11:27.480]  I was in Lake Worth years ago waiting for a ticket, and the only guy there is the prosecutor, and I go up to the prosecutor.
[01:11:27.480 --> 01:11:30.480]  He finally called me up, and I said, are you the judge?
[01:11:30.480 --> 01:11:33.480]  And he said, well, no, I'm the prosecuting attorney.
[01:11:33.480 --> 01:11:34.480]  Well, where's the judge?
[01:11:34.480 --> 01:11:37.480]  He said, well, the judge is not here.
[01:11:37.480 --> 01:11:41.480]  I said, but the judge ordered me to be here for a hearing.
[01:11:41.480 --> 01:11:42.480]  He said, well, I can talk to you.
[01:11:42.480 --> 01:11:45.480]  He said, no, you can't talk to me.
[01:11:45.480 --> 01:11:47.480]  Well, Mr. Kelton, I need to talk to you.
[01:11:47.480 --> 01:11:49.480]  Well, I don't care about that.
[01:11:49.480 --> 01:11:52.480]  You're the persecuting attorney, and I don't talk to persecuting attorneys.
[01:11:52.480 --> 01:11:54.480]  I want to talk to the judge.
[01:11:54.480 --> 01:12:00.480]  And they had me go sit, and I thought they were going to bring the judge in, but they never did.
[01:12:00.480 --> 01:12:02.480]  And that was a long time ago.
[01:12:02.480 --> 01:12:04.480]  I'm getting better now.
[01:12:04.480 --> 01:12:14.480]  Now I would have asked the bailiff to arrest the prosecuting attorney for impersonating a judicial officer.
[01:12:14.480 --> 01:12:25.480]  These people had been summoned to this hearing with a judicial process for the purpose of having a meeting with the prosecuting attorney.
[01:12:25.480 --> 01:12:28.480]  I had this happen in Denton County as well.
[01:12:28.480 --> 01:12:35.480]  I expect it to happen with this ticket I just got here in Hazel.
[01:12:35.480 --> 01:12:59.480]  So that'll be interesting to see how that shakes out, because in that case, I will ask the bailiff to arrest the prosecuting attorney for ordering me to come to court so that he can have a substantive conversation with me concerning the merits of the case without my counsel present.
[01:12:59.480 --> 01:13:05.480]  Okay, let's go to the next one. 3-3.10.
[01:13:05.480 --> 01:13:07.480]  Roll in first appearance.
[01:13:07.480 --> 01:13:16.480]  Did the prosecutor fail to cooperate in good faith in arrangements for release under the prevailing system of pretrial release?
[01:13:16.480 --> 01:13:20.480]  That one we'd have to know a little bit more about.
[01:13:20.480 --> 01:13:36.480]  As I get time, I will put in explanations. I will look these up and find explanations for why all of these are in there and what you should know about them in order to detect them, to be able to tell when they violated one of them.
[01:13:36.480 --> 01:13:49.480]  Did the prosecutor seek to obtain from an unrepresented accused a waiver of important pretrial rights, such as the right to a preliminary hearing?
[01:13:49.480 --> 01:13:55.480]  This they do as a matter of course in tickets.
[01:13:55.480 --> 01:14:05.480]  They ask you to enter a plea when you appear at the court in accordance with your promise to appear.
[01:14:05.480 --> 01:14:10.480]  But your promise to appear is not before the court.
[01:14:10.480 --> 01:14:17.480]  Your promise to appear is before some magistrate, and they never make a magistrate available.
[01:14:17.480 --> 01:14:19.480]  Okay.
[01:14:19.480 --> 01:14:30.480]  Did the prosecutor seek a continuance solely for the purpose of mooting the preliminary hearing by securing an indictment?
[01:14:30.480 --> 01:14:33.480]  That one's pretty specific.
[01:14:33.480 --> 01:14:42.480]  Did the prosecutor seek delay in the preliminary hearing after an arrest had been made where the accused was in custody?
[01:14:42.480 --> 01:14:51.480]  We hear of people all of the time that are, if they can't make bail, the prosecutor will keep them in jail until they make a deal.
[01:14:51.480 --> 01:15:14.480]  I went through the records in Wise County several years ago just to do a statistical analysis and found one where a person was arrested, held in jail for 346 days,
[01:15:14.480 --> 01:15:26.480]  and then made a deal with the prosecutor for some really minor amount.
[01:15:26.480 --> 01:15:33.480]  I looked at this and thought, how can this person be held 364 days?
[01:15:33.480 --> 01:15:37.480]  I'm sorry, then the case was dismissed.
[01:15:37.480 --> 01:15:45.480]  What happened was is they arrested this guy, and he couldn't make bail, so they put him in jail.
[01:15:45.480 --> 01:15:52.480]  And since he couldn't make bail, they didn't appoint him a counsel, they just let him sit there, and he wouldn't make a deal with him.
[01:15:52.480 --> 01:15:56.480]  And after 364 days, they finally dismissed the case.
[01:15:56.480 --> 01:16:14.480]  They are absolutely required to release someone after, I think it's 30, 60, 90 days under code of criminal procedure 1541, I think.
[01:16:14.480 --> 01:16:24.480]  But don't remember exactly which one it is, but there is a statute that requires the release of someone who can't make bail after a certain number of days.
[01:16:24.480 --> 01:16:28.480]  They always ignore that one.
[01:16:28.480 --> 01:16:37.480]  Did the prosecutor fail to present a preliminary, fail to be present at a preliminary hearing where such hearing is required by law?
[01:16:37.480 --> 01:16:39.480]  They always do that one.
[01:16:39.480 --> 01:16:44.480]  OK, hang on. This is Randy Kelton, Debra Stevens, Releva Radio.
[01:16:44.480 --> 01:16:48.480]  A call in number 512-646-1984.
[01:16:48.480 --> 01:16:55.480]  Call lines are open. Give us a call. We'll be right back.
[01:17:18.480 --> 01:17:21.480]  I don't eat so much food.
[01:17:21.480 --> 01:17:27.480]  Ain't I a sight compared to what I used to be?
[01:17:27.480 --> 01:17:32.480]  Calcium, magnesium, selenium and zinc.
[01:17:32.480 --> 01:17:35.480]  Take a moment now and think.
[01:17:35.480 --> 01:17:44.480]  If you have a little drink, every day will bring the life that you've been looking for.
[01:17:44.480 --> 01:17:51.480]  Beyond Tangy Tangerine is available at Brave New Books, located at 1904 Guadalupe Street.
[01:17:51.480 --> 01:17:59.480]  The bookstore also carries the works of Dr. Joel Wallach, founder of Younggevity and creator of Beyond Tangy Tangerine.
[01:17:59.480 --> 01:18:08.480]  At Capital Coin and Bullion, our mission is to be your preferred shopping destination by delivering excellent customer service and outstanding value at an affordable price.
[01:18:08.480 --> 01:18:13.480]  Capital Coin features a great selection of high quality coins and precious metals.
[01:18:13.480 --> 01:18:20.480]  In addition to providing the best prices in the nation, we want to bring you the best shopping experience both in store and online.
[01:18:20.480 --> 01:18:26.480]  In addition to coins and bullion, we carry popular Younggevity products such as Beyond Tangy Tangerine and Pollenburst.
[01:18:26.480 --> 01:18:34.480]  We offer freeze-dried storable foods by Augustin Farms, Berkey Water products, ammunition at 10% above wholesale and more.
[01:18:34.480 --> 01:18:39.480]  You can lock in a spot price with our Silver Pool and we set up metals IRA accounts.
[01:18:39.480 --> 01:18:43.480]  Call us at 512-646-6440 for more details.
[01:18:43.480 --> 01:18:48.480]  We're located at 7304 Burnett Road, Suite A, about a half mile south of Anderson.
[01:18:48.480 --> 01:18:52.480]  We're open Monday through Friday 10 to 6, Saturdays 10 to 2.
[01:18:52.480 --> 01:19:10.480]  Visit us at capitalcoinandbullion.com or call 512-646-6440.
[01:19:22.480 --> 01:19:35.480]  Well, ain't gonna fool me with that same old trick again
[01:19:35.480 --> 01:19:40.480]  Okay, we are back. Randy Kelton, Deborah Stevens, Wheel of Law Radio.
[01:19:40.480 --> 01:19:48.480]  And now we're going to go to the section of the American Bar Association standards that is my favorite section.
[01:19:48.480 --> 01:19:54.480]  3-3.11
[01:19:54.480 --> 01:20:02.480]  Did the prosecutor intentionally fail to make timely disclosure to the defense at the earliest feasible opportunity
[01:20:02.480 --> 01:20:08.480]  of the existence of all evidence or information which tends to negate the guilt of the accused
[01:20:08.480 --> 01:20:14.480]  or mitigate the offense charged or which would tend to reduce the punishment of the accused?
[01:20:14.480 --> 01:20:20.480]  In 1992, I had a sheriff's deputy try to kill me.
[01:20:20.480 --> 01:20:25.480]  And they arrested me and prosecuted me to cover up what the officer did.
[01:20:25.480 --> 01:20:36.480]  Well, in court, when I finished examining all of the witnesses, the judge asked if I had any more witnesses
[01:20:36.480 --> 01:20:41.480]  and I said, yes, Your Honor, I called Stephen Hale. Stephen Hale was the prosecuting attorney.
[01:20:41.480 --> 01:20:45.480]  No, he got real excited. Oh, Your Honor, he can't do that.
[01:20:45.480 --> 01:20:49.480]  And the judge said, well, yes, as a matter of fact, he can.
[01:20:49.480 --> 01:20:59.480]  So I got him on the stand and I asked him if he was familiar with the American Bar Association standards for the prosecutorial function.
[01:20:59.480 --> 01:21:04.480]  Yes. Well, first I asked him if he considered himself an ethical attorney.
[01:21:04.480 --> 01:21:07.480]  Yes, Mr. Kelton, I do.
[01:21:07.480 --> 01:21:13.480]  I said, did you talk to any other witnesses?
[01:21:13.480 --> 01:21:22.480]  They had one witness there who I discredited him when I asked him if he was, his name was Mr. Star.
[01:21:22.480 --> 01:21:28.480]  And he claimed that I took a swing at this officer and the officer ducked and the other grabbed me and knocked me down.
[01:21:28.480 --> 01:21:31.480]  Absolutely none of that happened.
[01:21:31.480 --> 01:21:40.480]  And I had about seven or eight witnesses there and this guy was in a laundromat a couple hundred yards away.
[01:21:40.480 --> 01:21:43.480]  And he was the only witness they brought up.
[01:21:43.480 --> 01:21:54.480]  And when I got the witness, I said, Mr. Star, I have your criminal history here.
[01:21:54.480 --> 01:21:57.480]  Mr. Star, you have been a bad boy.
[01:21:57.480 --> 01:22:03.480]  Have you ever been arrested for DUI? Well, first I asked him, were you drinking that night?
[01:22:03.480 --> 01:22:05.480]  Oh, no, no, no, I wasn't drinking at all.
[01:22:05.480 --> 01:22:08.480]  Have you ever been arrested for DUI?
[01:22:08.480 --> 01:22:11.480]  Oh, well, yeah, I was arrested.
[01:22:11.480 --> 01:22:14.480]  Well, how many times were you arrested?
[01:22:14.480 --> 01:22:17.480]  Well, a couple of times. A couple, Mr. Star?
[01:22:17.480 --> 01:22:20.480]  I have your record here, Mr. Star.
[01:22:20.480 --> 01:22:23.480]  How many times were you arrested for DUI?
[01:22:23.480 --> 01:22:29.480]  Well, maybe a couple more than two, more than three, maybe, Mr. Star?
[01:22:29.480 --> 01:22:34.480]  Four, five, six, ten, Mr. Star?
[01:22:34.480 --> 01:22:36.480]  Ten arrests for DUI?
[01:22:36.480 --> 01:22:41.480]  Well, yeah, no more questions.
[01:22:41.480 --> 01:22:43.480]  And that was it for their witness.
[01:22:43.480 --> 01:22:49.480]  I get the prosecutor on the stand and I said, Mr. Hale, do you consider yourself an ethical attorney?
[01:22:49.480 --> 01:22:52.480]  He said, yes, I do.
[01:22:52.480 --> 01:22:58.480]  Did you talk to any other witnesses besides your star witness over there?
[01:22:58.480 --> 01:22:59.480]  Well, no, I didn't.
[01:22:59.480 --> 01:23:00.480]  Well, why didn't you?
[01:23:00.480 --> 01:23:02.480]  Well, Mr. Kelton, I didn't believe you.
[01:23:02.480 --> 01:23:04.480]  Oh, you didn't believe me, huh?
[01:23:04.480 --> 01:23:06.480]  And you consider yourself an ethical attorney?
[01:23:06.480 --> 01:23:08.480]  He said, yes, I do.
[01:23:08.480 --> 01:23:12.480]  Mr. Star, are you familiar with American Bar Association standards for the prosecution function?
[01:23:12.480 --> 01:23:14.480]  Yes, Mr. Kelton, I am.
[01:23:14.480 --> 01:23:19.480]  Are you familiar with standard 3-3.11?
[01:23:19.480 --> 01:23:22.480]  No, Mr. Kelton, I'm not familiar with every single paragraph.
[01:23:22.480 --> 01:23:25.480]  Well, let me familiarize you with it then.
[01:23:25.480 --> 01:23:40.480]  At the time it said, it is unethical conduct for the prosecuting attorney to refrain from pursuing evidence solely because that evidence may show the innocence of the accused or mitigate the guilt of the accused.
[01:23:40.480 --> 01:24:06.480]  What it says today is a prosecuting attorney should not intentionally fail to make timely disclosure to the defense at the earliest feasible opportunity of the evidence of the existence of all evidence or information which tends to negate the guilt of the accused or mitigate the offense charged or which tend to reduce the punishment of the accused.
[01:24:06.480 --> 01:24:09.480]  They softened it up a bit.
[01:24:09.480 --> 01:24:17.480]  Well, when I finished, I said, now, Mr. Hale, do you still consider yourself an ethical attorney?
[01:24:17.480 --> 01:24:21.480]  And his old bald head turned bright red.
[01:24:21.480 --> 01:24:28.480]  And I was thinking, if I wind up spending a year in jail, this is worth it.
[01:24:28.480 --> 01:24:31.480]  But I didn't go to jail over that one.
[01:24:31.480 --> 01:24:34.480]  Okay, we're going to go to the second one.
[01:24:34.480 --> 01:24:46.480]  The statute reads, a prosecutor should not fail to make reasonable diligent effort to comply with a legally proper discovery request.
[01:24:46.480 --> 01:25:06.480]  How many times have we heard people on the air complaining that the prosecutor refused to produce discovery, refused to produce the dash cams and the evidence that would clearly show the innocence of the accused?
[01:25:06.480 --> 01:25:24.480]  A prosecutor should not intentionally avoid pursuit of evidence because he or she believes it will damage the prosecution's case or aid the accused.
[01:25:24.480 --> 01:25:37.480]  That is 3-3.11. Now we're going to go to 3-3.2, relations with victims and prospective witnesses.
[01:25:37.480 --> 01:25:56.480]  A prosecutor should not compensate a witness other than an expert for giving testimony but is not improper to reimburse an ordinary witness for the reasonable expenses of attendance upon court, attendance for depositions pursuant to statute or court rule or attendance for pretrial interviews.
[01:25:56.480 --> 01:26:05.480]  Payments to a witness may be for transportation and loss of income provided there is no attempt to conceal the fact of the reimbursement.
[01:26:05.480 --> 01:26:09.480]  Okay, clearly you can't buy witnesses.
[01:26:09.480 --> 01:26:21.480]  A prosecutor should advise a witness who is to be interviewed of his or her rights against self-incrimination and the right to counsel whenever the law so requires.
[01:26:21.480 --> 01:26:43.480]  It is also proper for a prosecutor to so advise a witness whenever the prosecutor knows or has reason to believe that the witness may be subject of a criminal prosecution. However, a prosecutor should not advise a witness for the purpose of influencing the witness in favor of or against testifying.
[01:26:43.480 --> 01:26:59.480]  Relations with victims of prospective witnesses. The prosecutor should not, should readily provide victims and witnesses who requested information about the status of cases in which they are interested.
[01:26:59.480 --> 01:27:11.480]  In Texas we have a victim's rights amendment that goes quite a bit further than, this is the federal standard, so it goes quite a bit further than the federal standards.
[01:27:11.480 --> 01:27:32.480]  Relations with victims and prospective witnesses. The prosecutor should seek to ensure that victims and witnesses who may need protection against intimidation are advised of and afforded protections where feasible.
[01:27:32.480 --> 01:27:51.480]  3-3.2E, the prosecutor should ensure that victims and witnesses are given notice as soon as practicable of scheduling changes which will affect the victims or witnesses required attendance at judicial proceedings.
[01:27:51.480 --> 01:28:12.480]  F, the prosecutor should not require victims and witnesses to attend judicial proceedings unless their testimony is essential to the prosecution or is required by law. When their attendance is required, the prosecutor should seek to reduce to a minimum the time they must spend at the proceedings.
[01:28:12.480 --> 01:28:28.480]  G, this one is a little more complex, I've broken it up into several pieces, so I'm going to read this one in the form of a question because it's a little bit easier to understand that way.
[01:28:28.480 --> 01:28:57.480]  Did the prosecutor seek to ensure that victims of serious crimes or their representatives were given timely notice of the judicial proceedings relating to the victim's case, disposition of the case including plea bargains, trial and sentencing, and any decision or action in the case which results in the accused's provisional or final release from custody.
[01:28:57.480 --> 01:29:15.480]  It hasn't been too long ago that someone was killed by the person who was released and immediately went after the person who testified against him, and the person who testified against him had no idea they were out of prison.
[01:29:15.480 --> 01:29:39.480]  H, where practical, the prosecutor should seek to ensure that victims of serious crimes or their representatives are given an opportunity to consult with and provide information to the prosecutor prior to the decision whether or not to prosecute, to pursue a disposition by plea, or to dismiss the charges.
[01:29:39.480 --> 01:29:59.480]  This is Randy Kelton, Deborah Stevens, we love our radio, our phone lines are open, give us a call, 512-646-1984, we'll be right back.
[01:29:59.480 --> 01:30:11.480]  Ah, fresh air. Did you know just breathing in a forest can turbo charge your immune system? I'm Dr. Catherine Albrecht and in a moment I'll explain how better health could be as close as your local park.
[01:30:11.480 --> 01:30:31.480]  Your search engine is watching you, recording all your searches, and creating a massive database of your personal information. That's creepy, but it doesn't have to be that way. Startpage.com is the world's most private search engine. Startpage doesn't store your IP address, make a record of your searches, or use tracking cookies, and they're third party certified.
[01:30:31.480 --> 01:30:42.480]  If you don't like big brothers spying on you, start over with Startpage. Great search results and total privacy. Startpage.com, the world's most private search engine.
[01:30:42.480 --> 01:30:52.480]  They're called phytoncides, airborne chemicals released by trees and plants to defend against insects and decay, and breathing them is extraordinarily good for you.
[01:30:52.480 --> 01:31:09.480]  Research shows that an hour or two in the woods lowers your blood pressure, slows your pulse rate, helps regulate blood sugar, and reduces stress hormones. Breathing plant rich air also turbo charges your immune boosting white blood cells and the body's natural killer cells, with effects lasting up to a week.
[01:31:09.480 --> 01:31:21.480]  The Japanese call basking in the woods shinrin-yoku, or forest bathing, and you're doing it whenever you smell that clean forest smell. So the next time you're feeling under the weather, head for the woods and breathe deep.
[01:31:21.480 --> 01:31:29.480]  I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com.
[01:31:51.480 --> 01:31:59.480]  The people that did the things they did knew doggone well what they were doing. Expose the cover-up now at ennobleeye.com.
[01:31:59.480 --> 01:32:08.480]  At hempusa.org, we offer chemical-free products to people around the world, detoxifying, self-healing, while rebuilding the immune system.
[01:32:08.480 --> 01:32:23.480]  We urge our listeners to please consider our largest selling product, micro plant powder. Our micro plant powder is rich in iodine, probiotics, zinc, and silica to help rebuild the immune system and to create a healthy stomach flora.
[01:32:23.480 --> 01:32:32.480]  Micro plant powder is excellent for daily intake and is perfect to add to your storage shelter. We urge our listeners to please visit us at hempusa.org.
[01:32:32.480 --> 01:32:41.480]  And remember, all of our products are chemical-free and healthy to eat. We constantly strive to give you the best service, highest quality, and rapid shipping anywhere.
[01:32:41.480 --> 01:32:54.480]  And we offer free shipping on orders over $95 in the U.S. Please visit us at hempusa.org or call 908-691-2608. That's 908-691-2608.
[01:32:54.480 --> 01:33:01.480]  See what our powder, seeds, and oil can do for you at hempusa.org.
[01:33:01.480 --> 01:33:10.480]  Looking for some truth? You found it. LogosRadioNetwork.com.
[01:33:31.480 --> 01:33:57.480]  Okay, we are back. Randy Kelton, Deborah Stevens, Rule of Law Radio, and we're going to go to Pat in Texas.
[01:33:57.480 --> 01:34:01.480]  Hello, Pat. Are you hanging off that tower again?
[01:34:01.480 --> 01:34:04.480]  No, I'm just driving on the road.
[01:34:04.480 --> 01:34:07.480]  Oh, it's the boss.
[01:34:07.480 --> 01:34:09.480]  The boss, right.
[01:34:09.480 --> 01:34:17.480]  Hey, I have a question. I'm not sure though if it's something that you can help with, but I wanted to run it by you because you are absolutely brilliant.
[01:34:17.480 --> 01:34:22.480]  And it has to do with escrow, real estate, and banking.
[01:34:22.480 --> 01:34:26.480]  Escrow is not my area.
[01:34:26.480 --> 01:34:45.480]  Okay, what about banking and cash? Well, let me tell you my question. The question has to do with if you sell a house in Texas and you're lucky enough to have equity and say you wanted to have the proceeds, you want to cash that you want to be paid in cash for your proceeds.
[01:34:45.480 --> 01:34:49.480]  And nobody wants to give you cash anymore. They want to give you electronic numbers.
[01:34:49.480 --> 01:34:50.480]  Yes.
[01:34:50.480 --> 01:34:58.480]  So I'm just wondering, you know, it can't be a crime to take your own money and request that it be paid to you in cash.
[01:34:58.480 --> 01:35:04.480]  Oh, everything has to be payable in cash if you request it.
[01:35:04.480 --> 01:35:08.480]  Okay, so that's my question. We can insist on it, right?
[01:35:08.480 --> 01:35:09.480]  Yes.
[01:35:09.480 --> 01:35:18.480]  Okay, and if they don't comply and tell us that we can't because blah, blah, blah, which they're going to say, right?
[01:35:18.480 --> 01:35:28.480]  That would be interesting because all debts can be paid in legal tender.
[01:35:28.480 --> 01:35:29.480]  Okay.
[01:35:29.480 --> 01:35:44.480]  But that is a good question. While I can pay any debt with legal tender, does the law authorize me to demand legal tender for payment?
[01:35:44.480 --> 01:35:46.480]  Yes, that's my question.
[01:35:46.480 --> 01:35:53.480]  That is a fine point of law, and I really can't answer that one.
[01:35:53.480 --> 01:35:54.480]  Okay.
[01:35:54.480 --> 01:35:57.480]  You have stumped the chump.
[01:35:57.480 --> 01:36:00.480]  I stumped the expert. Good for me.
[01:36:00.480 --> 01:36:02.480]  Yeah, I...
[01:36:02.480 --> 01:36:04.480]  Well, that means I have to pay for it for the rest of the show, right?
[01:36:04.480 --> 01:36:10.480]  Yeah, that is a good question. I will be pondering that one.
[01:36:10.480 --> 01:36:13.480]  Okay, well, thank you so much. I really enjoy your show.
[01:36:13.480 --> 01:36:15.480]  Okay, thank you.
[01:36:15.480 --> 01:36:18.480]  Thanks. Take care. Bye-bye.
[01:36:18.480 --> 01:36:27.480]  Okay, we're going to go back to the American Bar Association standards for the prosecutorial function.
[01:36:27.480 --> 01:36:35.480]  We're going to go to decision to charge, and here's one that I have serious issues with.
[01:36:35.480 --> 01:36:44.480]  It does go to the current practice, and until I can get the current practice changed, we'll have to deal with what it says.
[01:36:44.480 --> 01:36:54.480]  Okay, the decision to institute criminal proceedings should be initially and primarily the responsibility of the prosecutor.
[01:36:54.480 --> 01:36:58.480]  Horse manure.
[01:36:58.480 --> 01:37:08.480]  The decision to initiate criminal proceedings is very clearly the duty of a magistrate.
[01:37:08.480 --> 01:37:21.480]  That is the purpose of a magistrate, and the only purpose of a magistrate, other than setting bail after he makes a determination of whether or not to prosecute.
[01:37:21.480 --> 01:37:35.480]  But over time, through long practice and no objection, these practices have become institutionalized.
[01:37:35.480 --> 01:37:42.480]  Even though they've become institutionalized, they've never gained the force of law. That's Hall v. State.
[01:37:42.480 --> 01:38:04.480]  A prosecutor should take reasonable care to ensure that investigators working at their direction or under their authority are adequately trained in the standards governing the issuance of arrest and search warrants and should inform investigators that they should seek the approval of a prosecutor in close or difficult cases.
[01:38:04.480 --> 01:38:10.480]  Now, this goes to the prosecutorial team.
[01:38:10.480 --> 01:38:28.480]  All police officers are considered to be members of the prosecutorial team, so the standard goes to the duty of the prosecutor to adequately advise all of the police officers and not just the investigators that work for the prosecutor.
[01:38:28.480 --> 01:38:38.480]  The prosecutor should establish standards and procedures for evaluating complaints to determine whether criminal proceedings should be instituted.
[01:38:38.480 --> 01:38:42.480]  And it's my position that they should do no such thing.
[01:38:42.480 --> 01:38:51.480]  If the magistrate finds probable cause, they can petition the court to dismiss for lack of evidence or whatever.
[01:38:51.480 --> 01:39:05.480]  The procedures, the technical procedures are all there, but prosecutors seem to have found it inconvenient, and that's why we have this nonsense section in there.
[01:39:05.480 --> 01:39:14.480]  Okay, we're going to go to the next section, relation with grand juries.
[01:39:14.480 --> 01:39:33.480]  Okay, where the prosecutor is authorized to act as a legal advisor to the grand jury, the prosecutor may appropriately explain the law and express an opinion on the legal significance of the evidence, but should give due deference to its status as an independent legal body.
[01:39:33.480 --> 01:39:41.480]  The term its here means the grand jury status as a independent legal body.
[01:39:41.480 --> 01:39:53.480]  You will hear prosecutors, I just had a captain on the sheriff's department tell me that I had to get the prosecutor's permission to go to the grand jury.
[01:39:53.480 --> 01:39:56.480]  Are you kidding me, Bubba?
[01:39:56.480 --> 01:39:58.480]  I don't have to do any such thing.
[01:39:58.480 --> 01:40:06.480]  I'm going to go to the grand jury, and if the prosecutor interferes with my access, I'm going to expect you to arrest him.
[01:40:06.480 --> 01:40:22.480]  Okay, the prosecutor should not make statements or arguments in an effort to influence a grand jury action in a manner which would be impermissible at trial before a petty jury.
[01:40:22.480 --> 01:40:36.480]  That means he can't bring bogus evidence to the grand jury. The prosecutor's communications and presentations to the grand jury should be on record.
[01:40:36.480 --> 01:40:41.480]  Now they claim all of this is secret, but there still should be a record of it.
[01:40:41.480 --> 01:40:51.480]  Okay, quality and scope of evidence before grand jury.
[01:40:51.480 --> 01:41:07.480]  A prosecutor should only make statements or arguments to the grand jury and only present evidence to the grand jury which the prosecutor believes is appropriate or authorized under law for presentation to the grand jury.
[01:41:07.480 --> 01:41:21.480]  In appropriate cases, the prosecutor may present witnesses to summarize admissible evidence available to the prosecutor which the prosecutor believes he or she will be able to present at trial.
[01:41:21.480 --> 01:41:42.480]  The prosecutor should also inform the grand jurors that they have the right to hear any available witnesses, including eyewitnesses.
[01:41:42.480 --> 01:41:51.480]  Okay, I think I got that whole one. Okay, quality and scope of evidence.
[01:41:51.480 --> 01:42:02.480]  No prosecutor should knowingly fail to disclose to the grand jury evidence which tends to negate guilt or mitigate the offense.
[01:42:02.480 --> 01:42:15.480]  A prosecutor should recommend that the grand jury not indict if he or she believes the evidence presented does not warrant an indictment under governing law.
[01:42:15.480 --> 01:42:37.480]  If the prosecutor believes that a witness is a potential defendant, the prosecutor should not seek to compel the witness's testimony before the grand jury without informing the witness that he or she may be charged and that the witness should seek independent legal advice concerning his or her rights.
[01:42:37.480 --> 01:43:06.480]  The prosecutor should not compel the appearance of a witness before the grand jury whose activities are the subject of the inquiry if the witness states in advance that if called he or she will exercise the constitutional privilege not to testify unless the prosecutor intends to judicially challenge the exercise of the privilege or to seek a grant of immunity according to law.
[01:43:06.480 --> 01:43:21.480]  A prosecutor in presenting a case to a grand jury should not intentionally interfere with the independence of the grand jury, preempt a function of the grand jury or abuse the process of the grand jury.
[01:43:21.480 --> 01:43:26.480]  Abuse the process of the grand jury. That's one thing they do all the time.
[01:43:26.480 --> 01:43:36.480]  They send out, especially U.S. attorneys, they will send out grand jury subpoenas when the grand jury doesn't know anything about them.
[01:43:36.480 --> 01:43:44.480]  So they use the power of the grand jury to subpoena when it's actually the U.S. attorneys doing the subpoenas.
[01:43:44.480 --> 01:43:59.480]  This is Randy Kelton, Deborah Stevens, Eddie Craig, Rule of Law Radio. Call at number 512-646-1984. We'll be right back.
[01:44:14.480 --> 01:44:23.480]  Call the books and DVDs you're looking for by authors like Alex Jones, Ron Paul and G. Edward Griffin. They even stock inner food, Berkey products and Calvin soaps.
[01:44:23.480 --> 01:44:26.480]  There's no way a place like that exists.
[01:44:26.480 --> 01:44:31.480]  Go check it out for yourself. It's downtown at 1904 Guadalupe Street just south of UT.
[01:44:31.480 --> 01:44:35.480]  By UT, there's never anywhere to park down there.
[01:44:35.480 --> 01:44:43.480]  Actually, they now offer a free hour of parking for paying customers at the 500 MLK parking facility just behind the bookstore.
[01:44:43.480 --> 01:44:46.480]  It does exist. But when are they open?
[01:44:46.480 --> 01:44:59.480]  Monday through Saturday, 11 a.m. to 9 p.m. and 1 to 6 p.m. on Sundays. So give them a call at 512-480-2503 or check out their events page at bravenewbookstore.com.
[01:44:59.480 --> 01:45:14.480]  Are you the plaintiff or defendant in a lawsuit? Win your case without an attorney with Jurisdictionary, the affordable, easy to understand 4CD course that will show you how in 24 hours, step by step.
[01:45:14.480 --> 01:45:21.480]  If you have a lawyer, know what your lawyer should be doing. If you don't have a lawyer, know what you should do for yourself.
[01:45:21.480 --> 01:45:26.480]  Thousands have won with our step by step course and now you can too.
[01:45:26.480 --> 01:45:33.480]  Jurisdictionary was created by a licensed attorney with 22 years of case winning experience.
[01:45:33.480 --> 01:45:42.480]  Even if you're not in a lawsuit, you can learn what everyone should understand about the principles and practices that control our American courts.
[01:45:42.480 --> 01:45:51.480]  You'll receive our audio classroom, video seminar, tutorials, forms for civil cases, pro se tactics and much more.
[01:45:51.480 --> 01:46:00.480]  Please visit RuleOfLawRadio.com and click on the banner or call toll free 866-LAW-EASY.
[01:46:21.480 --> 01:46:36.480]  Okay, we are back. Randy Kelton, Deborah Stevens, Rule of Law Radio.
[01:46:36.480 --> 01:46:40.480]  This is our four hour info marathon.
[01:46:40.480 --> 01:46:49.480]  And we are going through the American Bar Association standards for the prosecutorial function.
[01:46:49.480 --> 01:46:55.480]  And I lost my place. Where were we? Quality and scope of evidence.
[01:46:55.480 --> 01:47:01.480]  Okay, we're into quality and scope of evidence.
[01:47:01.480 --> 01:47:04.480]  Now I know where I'm at.
[01:47:04.480 --> 01:47:09.480]  Okay, quality and scope of evidence.
[01:47:09.480 --> 01:47:15.480]  A prosecutor should only make statements or no, I'm sorry, we've already done this one.
[01:47:15.480 --> 01:47:19.480]  My bad.
[01:47:19.480 --> 01:47:26.480]  Discretion in the charging decision 3-3.9.
[01:47:26.480 --> 01:47:38.480]  A prosecutor should not institute or cause to be instituted or permit the continued pendency of criminal charges when the prosecutor knows that the charges are not supported by probable cause.
[01:47:38.480 --> 01:47:52.480]  A prosecutor should not institute or cause to be instituted or permit the continued pendency of the criminal charges in the absence of sufficient admissible evidence to support a conviction.
[01:47:52.480 --> 01:47:55.480]  I have two issues about this.
[01:47:55.480 --> 01:48:05.480]  Prosecutors at this point could care less whether or not they have sufficient evidence to get a conviction.
[01:48:05.480 --> 01:48:12.480]  Absolutely does not matter because they have no intention of you ever getting to court.
[01:48:12.480 --> 01:48:27.480]  They only intend to force you into a deal and they have all sorts of dirty rotten lowdown tactics they use, which includes some we've referenced earlier of getting a continuance for the purpose of delay.
[01:48:27.480 --> 01:48:44.480]  Of calling you to a hearing when they have no intention of having a hearing, setting hearings and continue getting a continuance the day before the hearing so you take off work and you come down there and you get there and they tell you there's no hearing.
[01:48:44.480 --> 01:48:52.480]  A whole stack of things they do in order to force you into making a deal and they've done a good job of it.
[01:48:52.480 --> 01:49:06.480]  The average conviction rate in the state of Texas for all criminal accusations across the board, 99.6.
[01:49:06.480 --> 01:49:14.480]  It begs the question, would you recognize a police state if you were in one?
[01:49:14.480 --> 01:49:20.480]  This is by far the worst police state the world has ever seen.
[01:49:20.480 --> 01:49:27.480]  And for the most part, we have no clue.
[01:49:27.480 --> 01:49:35.480]  And which brings us to the next section plea discussions.
[01:49:35.480 --> 01:49:47.480]  The prosecuting attorney should have and make known a general policy or willingness to consult with defense counsel concerning disposition of charges by plea.
[01:49:47.480 --> 01:49:57.480]  Now in this one you will probably never get to file a complaint against the prosecuting attorney.
[01:49:57.480 --> 01:50:05.480]  Because this is what they want to do in every case without exception.
[01:50:05.480 --> 01:50:17.480]  A prosecutor should not engage in plea discussions directly with an accused who is represented by defense counsel except with defense counsel's approval.
[01:50:17.480 --> 01:50:25.480]  Where the defendant has properly waived counsel, the prosecuting attorney may engage in plea discussions with the defendant although where feasible.
[01:50:25.480 --> 01:50:30.480]  A record of such discussion should be made and preserved.
[01:50:30.480 --> 01:50:57.480]  Anybody who has ever been in a traffic or class B misdemeanor or even an A has probably had the experience of the prosecutor trying to talk you, if you didn't have counsel, trying to coerce you into a deal without asking you for a waiver.
[01:50:57.480 --> 01:51:09.480]  A prosecutor should not knowingly make false statements or representations as to fact or law in the course of plea discussions with defense counsel or the accused.
[01:51:09.480 --> 01:51:16.480]  I think we've all had experience of these guys lying like dogs.
[01:51:16.480 --> 01:51:27.480]  Okay, we're close to the end here. We have 3-42 and then we have trial and sentencing and most of these aren't very long.
[01:51:27.480 --> 01:51:35.480]  We have one call on the board. I'll go through a couple more of these if they go pretty relatively quickly and then we'll go to the caller.
[01:51:35.480 --> 01:51:40.480]  Okay, fulfillment of plea discussions.
[01:51:40.480 --> 01:51:50.480]  A prosecutor should not make any promise or commitment assuring a defendant or defense counsel that a court will impose a specific sentence or a suspension of sentence.
[01:51:50.480 --> 01:51:58.480]  A prosecutor may properly advise the defense what position will be taken concerning disposition.
[01:51:58.480 --> 01:52:08.480]  A prosecutor should not imply a greater power to influence the disposition of a case than is actually possessed.
[01:52:08.480 --> 01:52:21.480]  A prosecutor should not fail to comply with a plea agreement unless a defendant fails to comply with the plea agreement or other extenuating circumstances are present.
[01:52:21.480 --> 01:52:32.480]  And under plea discussions, we have one more section and it's one very short, very short.
[01:52:32.480 --> 01:52:51.480]  Did the prosecutor, I'm sorry this one I'm reading as a question, did the prosecutor fail to make a record of the reasons for the dismissal of an action by way of a nolo proeschi or its equivalent?
[01:52:51.480 --> 01:52:58.480]  And I know you want me to tell you what a nolo proeschi is.
[01:52:58.480 --> 01:53:03.480]  And I've looked it up but I don't remember what it is.
[01:53:03.480 --> 01:53:07.480]  My bad, I'll have to look that up and put the definition in here.
[01:53:07.480 --> 01:53:18.480]  Whenever felony criminal charges are dismissed by way of a nolo proeschi or its equivalent, the prosecutor should make a record of the reasons for the action.
[01:53:18.480 --> 01:53:28.480]  I suspect that's going to be on the action of the prosecutor, probably a filing but my bad on that one, I wasn't prepared.
[01:53:28.480 --> 01:53:34.480]  Okay, we're going to go to our caller, Gina from Texas.
[01:53:34.480 --> 01:53:43.480]  Hello Gina, what do you have for us today?
[01:53:43.480 --> 01:53:51.480]  Gina, do you have your mic muted?
[01:53:51.480 --> 01:53:58.480]  Okay, we can't hear Gina, I'll let the producer see if he can get that, whatever the issue fixed.
[01:53:58.480 --> 01:54:02.480]  And we will keep going until we get that sorted out.
[01:54:02.480 --> 01:54:07.480]  Okay, now we're going to go to the trial.
[01:54:07.480 --> 01:54:26.480]  The prosecutor should not make public comments critical of a verdict rather rendered by the judge or jury.
[01:54:26.480 --> 01:54:32.480]  Courtroom professionalism, we probably find a lot of good stuff in here.
[01:54:32.480 --> 01:54:57.480]  As an officer of the court, the prosecutor should support the authority of the court and the dignity of the trial courtroom by strict adherence to codes of professionalism and by manifesting a professional attitude toward the judge, opposing counsel, witnesses, defendants, jurors, and others in the courtroom.
[01:54:57.480 --> 01:55:07.480]  When a court is in session, the prosecutor should address the court, not opposing counsel on all matters relating to the case.
[01:55:07.480 --> 01:55:27.480]  If you ever had a prosecutor talk to you or yell at you, make comments at you, that is absolutely unprofessional conduct, and one of the things that I'm trying to get to is to build a checklist that you can take with you into court.
[01:55:27.480 --> 01:55:34.480]  One for the judge and one for the prosecutor or opposing counsel.
[01:55:34.480 --> 01:55:42.480]  So you have a checklist of the things for which you can file grievances.
[01:55:42.480 --> 01:55:46.480]  And as you go through the court, you just start checking them off.
[01:55:46.480 --> 01:55:48.480]  That ought to get their attention.
[01:55:48.480 --> 01:56:03.480]  Okay, prosecutor should comply promptly with all orders and directives of the court, but the prosecutor has a duty to have the record reflect adverse rulings or judicial conduct, which the prosecutor considers prejudicial.
[01:56:03.480 --> 01:56:12.480]  The prosecutor has a right to make respectful requests for reconsideration of adverse rulings.
[01:56:12.480 --> 01:56:22.480]  Prosecutors should cooperate with the courts and the organized bar in developing codes of professional conduct for each jurisdiction.
[01:56:22.480 --> 01:56:34.480]  Now, there are some things I haven't seen yet that I have been expecting to see, goes to some of the other things the prosecutors do.
[01:56:34.480 --> 01:56:36.480]  Primarily, you're supposed to keep a handbook.
[01:56:36.480 --> 01:56:40.480]  I hope we get to that one.
[01:56:40.480 --> 01:56:44.480]  Selection of jurors.
[01:56:44.480 --> 01:56:45.480]  We have a couple.
[01:56:45.480 --> 01:56:49.480]  Let's see if we can get to our calls before we go to.
[01:56:49.480 --> 01:57:03.480]  These will be instructive to people going to court because it goes to selection of jurors, relations with the jury, opening statement, presentation of evidence.
[01:57:03.480 --> 01:57:08.480]  We will get to those after these calls.
[01:57:08.480 --> 01:57:11.480]  Okay, let's see if we can bring Gina back up.
[01:57:11.480 --> 01:57:17.480]  Gina, are you there?
[01:57:17.480 --> 01:57:26.480]  Hello, Gina, we still can't hear you.
[01:57:26.480 --> 01:57:29.480]  Okay, Gina has a question about real estate from the car.
[01:57:29.480 --> 01:57:36.480]  Okay, we're still having a problem hearing Gina, so we're going to go to Ramon in Texas.
[01:57:36.480 --> 01:57:40.480]  Hello, Ramon, you have a question or comment?
[01:57:40.480 --> 01:57:47.480]  Yeah, hey, Randy, just wanted to give you some feedback on the nolle pro seque.
[01:57:47.480 --> 01:57:56.480]  Nolle pro seque is Latin for we shall no longer prosecute, which is an information made to judge.
[01:57:56.480 --> 01:57:57.480]  Okay, well, thank you.
[01:57:57.480 --> 01:58:02.480]  That would be a petition by the prosecuting attorney to dismiss.
[01:58:02.480 --> 01:58:03.480]  That's what I thought it would be.
[01:58:03.480 --> 01:58:05.480]  And thank you for that.
[01:58:05.480 --> 01:58:06.480]  And your timing is perfect.
[01:58:06.480 --> 01:58:08.480]  We're about to go to break.
[01:58:08.480 --> 01:58:15.480]  Do you have any other comments or questions you'd like to address?
[01:58:15.480 --> 01:58:19.480]  No, no, no, I just wanted to, I thought it was important that we break that up.
[01:58:19.480 --> 01:58:21.480]  Good, I'm glad you did that.
[01:58:21.480 --> 01:58:24.480]  Okay, this is twice the chunk got stumped today.
[01:58:24.480 --> 01:58:35.480]  Okay, this is Randy Kelton, Deborah Stevens, Rule of the Radio, our call-in number, 512-646-1984, give us a call.
[01:58:35.480 --> 01:58:43.480]  We're going into our third hour, so the calls generally build up at the end, so give us a call, get in line.
[01:58:43.480 --> 01:59:07.480]  We'll be right back.
[01:59:43.480 --> 01:59:59.480]  You are listening to the Logos Radio Network, LogosRadioNetwork.com.