Latest / Ask the Lawyer / 06/05/2025 Ask the Lawyer with Harvey Peyton

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06/05/2025 Ask the Lawyer with Harvey Peyton · Ask the Lawyer

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Speaker 5: This morning, give us a call three zero four three
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Speaker 5: four five fifty eight fifty eight three four five fifty
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Speaker 5: eight fifty eight. Put the power of Peyton on your
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Speaker 5: side this morning with Harvey Peyton from the Peyton Law
1:03
Speaker 5: Firm in studio with me this morning. Peyton Law Firm
1:06
Speaker 5: dot com, one line located in Nitro, West Virginia. Harvey,
1:09
Speaker 5: good morning, how are you doing this well?
1:10
Speaker 6: I'm just fine, And you know this is it's like
1:13
Speaker 6: either my third or fourth week in a row on
1:15
Speaker 6: ask the lawyer. Tom has been the oldest son who
1:20
Speaker 6: practices law. We are the Peyton Law Firm. He's had
1:24
Speaker 6: a lot of irons in the fire lately. And you know,
1:27
Speaker 6: if you end up with a hearing in Putnam County
1:30
Speaker 6: or Mason County or Campbell County earlier mid morning on
1:34
Speaker 6: a Thursday, it's just really burdensome for him to get here.
1:39
Speaker 6: But this morning I'm in Charleston because the Western Travelawyers Association,
1:46
Speaker 6: which is not the Travelayers Association, it's now the West
1:49
Speaker 6: Virginia Association for Justice, who can fault there right right
1:53
Speaker 6: was essentially the trial lawyers, plaintiff lawyers, people like Tom
1:56
Speaker 6: and I that represent common everyday folks who may be
2:02
Speaker 6: victimized by the negligence of someone else in an accident,
2:06
Speaker 6: suffer an extreme loss and death and injury, or have
2:09
Speaker 6: a financial loss insurance company dispute, a dispute with the bank.
2:15
Speaker 6: We're the white hat guys who represent the people who
2:19
Speaker 6: are on the outs, generally against much more invested interests
2:24
Speaker 6: whose goal is to hold on to their money and
2:27
Speaker 6: ours us to see that the folks who've suffered an
2:30
Speaker 6: injury are adequately and reasonably compensated. So every we have
2:36
Speaker 6: two big meetings a year for the trial lawyers, and
2:39
Speaker 6: so does the counterpart. There's the defense lawyers group. My
2:44
Speaker 6: friend Tom Herney has been ahead of that for a while,
2:48
Speaker 6: who represent primarily banks, insurance companies, and corporate interests.
2:51
Speaker 2: But we're all trial lawyers and.
2:53
Speaker 6: When you litigate for a living, you sort of develop
2:55
Speaker 6: an affinity for each other. You have to get along
2:58
Speaker 6: with the other side. So our meetings in February, obviously
3:02
Speaker 6: that's when the legislature's in session. Most professional associations have
3:07
Speaker 6: something in Charleston January, February or March to coincide with
3:11
Speaker 6: the legislative session. And then we have our annual meeting,
3:15
Speaker 6: which is usually like this year, the first weekend in June,
3:18
Speaker 6: first Thursday and Friday in June. Started last night with
3:22
Speaker 6: a reception and then at the Embassy suitees today. They're
3:25
Speaker 6: seminars because we you know West Virginia, like most bar
3:30
Speaker 6: associations or mandatory bar associations have in order to maintain
3:36
Speaker 6: an active license to hold yourself out to represent people,
3:40
Speaker 6: to perform legal work give legal advice requires that you
3:45
Speaker 6: satisfy requirement for continuing legal education. Cl OUR rules require
3:53
Speaker 6: twenty four hours twenty four full hours of continually education,
3:59
Speaker 6: only a part of which can be online, a good
4:02
Speaker 6: deal of which has to be face to face inter beting, verifiable,
4:08
Speaker 6: and a certain portion of that has to be in
4:10
Speaker 6: the area of ethics and office practice. That's over a
4:13
Speaker 6: two year period, so twelve hours a year. Although you
4:15
Speaker 6: can get all your CLE in the first year. Now
4:18
Speaker 6: the reporting years are the even years, So in twenty
4:22
Speaker 6: twenty four you had to report the continuing legal education
4:27
Speaker 6: you had had between twenty two and twenty four. And
4:30
Speaker 6: if you fall short, I mean there's a case just
4:34
Speaker 6: this month in the Westerrginia Reporters where the lawyer just
4:38
Speaker 6: didn't do his CLE. And that happens. I mean, people
4:42
Speaker 6: get caught short and July sneaks up on them of
4:45
Speaker 6: the reporting year. But the court bends over backwards says, look,
4:49
Speaker 6: you can do this, you can make this up. For
4:52
Speaker 6: some whatever reason, this person didn't ask for an exemption,
4:55
Speaker 6: which wasn't granted. But my thought in going to this
5:01
Speaker 6: cle it's maybe the last or next the last that
5:06
Speaker 6: I'll have I'll attend in my career because you know,
5:09
Speaker 6: if I get by, I've already got a number of
5:11
Speaker 6: hours that carried over plus what I got earlier this year.
5:14
Speaker 6: So if I get to the magic twenty four number
5:17
Speaker 6: before this month, then that's not due to be reported
5:23
Speaker 6: until June or July one, twenty six. So there's a year. Well,
5:30
Speaker 6: then twenty six starts a new period. I wouldn't have
5:33
Speaker 6: to report any cle until twenty eight. Now, assuming i'd
5:36
Speaker 6: be alive and still interested in practicing law, I'll just
5:40
Speaker 6: get up to June twenty twenty eight. Stiff them just
5:45
Speaker 6: go on in active status. So it's always a good time.
5:48
Speaker 6: I mean lawyers. And the idea that lawyers and judges
5:53
Speaker 6: all go to each other hammer and tongs and they
5:56
Speaker 6: sit around, open a desk door and have a drink together, well,
5:58
Speaker 6: that may have been what happened in the cracker barrel
6:02
Speaker 6: courts in Taxes or Missouri or West Virginia two hundred
6:06
Speaker 6: years ago, but that's not the way it works. It's
6:08
Speaker 6: an adversary system. The judiciary is held in high esteem,
6:12
Speaker 6: as it should be, and you don't hear many lawyers
6:17
Speaker 6: calling for the impeachment or some punishment of a judge
6:20
Speaker 6: just because they lose a case. If that happened, the
6:23
Speaker 6: whole system would deteriorate and fall apart. We've actually the
6:29
Speaker 6: Travelers Association, as well as the Defense Council's Group and
6:33
Speaker 6: the voluntary bar like the West Virginia Bar Association, honor
6:38
Speaker 6: each year some judicial officer, recognizing again the importance of it.
6:43
Speaker 6: We have a non partisan election that was a long fight,
6:49
Speaker 6: and actually I was on the side of the non partisans,
6:51
Speaker 6: even though most of my colleagues on the plane off
6:55
Speaker 6: side were on the side of continuing partisan elections with
6:58
Speaker 6: the idea that a deem might be better for a
7:00
Speaker 6: plaintiff than an are, which isn't true at all. I
7:05
Speaker 6: mean that's I literally think that in the journalism profession,
7:12
Speaker 6: it's a disservice to the country and the people. Every
7:16
Speaker 6: time you write an article about a judge who rules
7:18
Speaker 6: one way or another on a national sea, he identified
7:21
Speaker 6: who appointed him. Well, don't make any different. Look. James O.
7:25
Speaker 6: Holliday was a judge for two terms in Putnam County
7:29
Speaker 6: and Mason County. He was a lifelong Republican from Logan County,
7:33
Speaker 6: and those are rare. I mean He grew up on
7:36
Speaker 6: the Mud Fork area of going Up Island Creek from Logan.
7:40
Speaker 6: Got out of the service after the Korean War, where
7:45
Speaker 6: he did tough dute. He went to law school on
7:46
Speaker 6: the GF b Ill and he met Sally, his wife,
7:51
Speaker 6: who was from this area. She was a fletcher, and
7:53
Speaker 6: so he moved here. But Jim Holiday did as much
7:56
Speaker 6: or more for the overall practice law and for for
8:00
Speaker 6: plaintiffs given up a fair break and a fair shot
8:03
Speaker 6: in court. Is any other judges I've ever practiced in
8:05
Speaker 6: front of, except perhaps Hobby's Faulding who's now deceased. So
8:10
Speaker 6: it was just this pains me. It makes me cringe,
8:13
Speaker 6: which kind of segues me into the topic that I
8:18
Speaker 6: had on top of my list. I was reading an
8:20
Speaker 6: article this morning about Governor Morrissey's recent I guess yesterday
8:25
Speaker 6: or the day before appointments to the Judicial Selection Commission here,
8:31
Speaker 6: so folks listeners might get a little background. When there
8:37
Speaker 6: is a vacancy on a circuit court or now Intermediate
8:42
Speaker 6: Court of Appeals or Family Court or Western g Indo
8:45
Speaker 6: Supreme Court of Appeals, there are rules about how a
8:51
Speaker 6: successor is chosen at an election. It all depends on
8:56
Speaker 6: the person's remaining term of office is and when they
8:59
Speaker 6: actually step down. But here's what happens. Like Beth Walker
9:04
Speaker 6: or Justice Walker, I'm sorry, as announced, I believe that
9:08
Speaker 6: at the conclusion of this term of court around the
9:10
Speaker 6: twenty seventh of June, when they adjourn sine die, she's
9:14
Speaker 6: going to step down as a justice. Well, the election,
9:19
Speaker 6: no matter, cannot take place to name her successor until
9:24
Speaker 6: next May twenty twenty six because that is when the
9:28
Speaker 6: non partisan primary elections are held. So what do you do.
9:32
Speaker 6: You can't go without a Supreme Court justice and just
9:35
Speaker 6: bring in But we do it all the time. We
9:38
Speaker 6: bring in circuit judges to sit by designation when maybe
9:41
Speaker 6: one justice recuses themselves. But you would either have to
9:47
Speaker 6: bring in someone retired it's free to serve or for
9:50
Speaker 6: a continued period of time almost a year, or you
9:54
Speaker 6: just rotate judges by designation. What's clearing's not for the court.
10:00
Speaker 6: It affects the continuity, and so there's a procedure for
10:04
Speaker 6: the governor to fill those vacancies until the next election.
10:10
Speaker 6: Now that's not unbridled authority. We do have and have
10:15
Speaker 6: had for a couple of decades. A Judicial Selections Committee.
10:20
Speaker 6: It's the statute is not complex. I mean are there
10:24
Speaker 6: are lawyers, and the lawyers who serve on the Judicial
10:28
Speaker 6: Selection Committee come from a list submitted by the President
10:32
Speaker 6: of State Bar, the Chief Justice Supreme Court, the Dean
10:35
Speaker 6: of the Law School, and then there are citizens representatives,
10:39
Speaker 6: so that the general public is represented. Of course, you've
10:44
Speaker 6: got the Dean of the Law School and the Court
10:46
Speaker 6: Designate who are ex officio members that means non voting,
10:51
Speaker 6: but they can participate in deliberations. And it's incumbent upon
10:56
Speaker 6: that commission to advertise for and accept applications people who
11:02
Speaker 6: say I would like to fill this vacancy. Now, the
11:04
Speaker 6: statute also says that those applications their public record, and
11:08
Speaker 6: everything the Commission does is public record, with a very
11:11
Speaker 6: few exceptions, which is good. You see how it works.
11:14
Speaker 6: It's not like making sausage in some committee room at
11:18
Speaker 6: the House of Delegates. It is a formal, somewhat process.
11:24
Speaker 6: We have a call.
11:25
Speaker 5: We do have a call. We can you can finish
11:27
Speaker 5: your thumb. You want to go to the caller. We
11:29
Speaker 5: gotta finish your thought. We go to the call color
11:30
Speaker 5: hold on just one moment.
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Speaker 6: Yeah, well, I thought that you know, the governor was
11:33
Speaker 6: somewhat criticized by an article I saw today in the
11:35
Speaker 6: gazette about appointing a young woman from.
11:39
Speaker 2: Who's a student marshal.
11:40
Speaker 6: But does I understand it seems to be well qualified
11:42
Speaker 6: an honors program, a student marshal who aspires to have
11:46
Speaker 6: a PhD or a doctoral degree in occupational therapy. The
11:50
Speaker 6: criticism being that her father, I guess it's a cape heart.
11:52
Speaker 6: I don't know Aim. He's a lawyer somehow has had
11:58
Speaker 6: prior political contacts with the governor. Well, you know, you
12:01
Speaker 6: don't generally appoint your enemies. And if the governor met
12:06
Speaker 6: this young woman because he knows their father and was
12:08
Speaker 6: impressed and found her to be a dynamic and objective
12:13
Speaker 6: and bright person, isn't that what counts as opposed to
12:17
Speaker 6: her father's political identity. And one thing you need to
12:20
Speaker 6: remember as opposed to the national scene, if you look
12:23
Speaker 6: at that list of people that the governor appointed to
12:26
Speaker 6: the judicial Commission, it's going to have a say so,
12:28
Speaker 6: and who takes Justice Walker's place? The name that stands out,
12:32
Speaker 6: it's Mark Williams, who's the managing partner in West Virginia
12:36
Speaker 6: for an international law firm called Nelson Mullins. His brother
12:40
Speaker 6: Steve was the Governor's opponent in the general election. So
12:45
Speaker 6: to me, that's it, case closed, case, clothes, move on.
12:49
Speaker 6: The commission's going to meet. They have to submit not
12:51
Speaker 6: less than two or more than five names to the governor.
12:55
Speaker 6: If you don't like the looks of the list, you
12:56
Speaker 6: can go online and see their qualifications and the governor
12:59
Speaker 6: will make a pick with him. I had to deal
13:00
Speaker 6: within thirty days.
13:02
Speaker 5: Let's go ahead and go to our phone line. We
13:03
Speaker 5: have a call in for Harvey this morning. Good morning, call,
13:05
Speaker 5: you're on here. What's your first name?
13:07
Speaker 4: Hey, my name is Well.
13:09
Speaker 2: Go ahead, let's what's your question for Harvey?
13:12
Speaker 4: Okay, Yeah, I bought a pop up camper off a
13:15
Speaker 4: guy and it had an Ohio title, And now I'm
13:21
Speaker 4: having a hard time getting his switch because he did
13:24
Speaker 4: not have it notarized, and I can't get him to
13:29
Speaker 4: return any phone goals. And what other options would I have?
13:34
Speaker 6: I don't know, I don't know. I mean, that's why
13:37
Speaker 6: they put notaries on there, to keep people from from
13:42
Speaker 6: just signing an open title or forging a name on
13:45
Speaker 6: a title and just passing around at you know, bazaars
13:50
Speaker 6: and fairs and street sales and things of that nature.
13:55
Speaker 6: I would just have to say, I don't know, and
13:57
Speaker 6: you're just going to continue your efforts to try and
13:59
Speaker 6: track this guy down. I mean, there may be some
14:03
Speaker 6: rule or regulation that the Department of Motor Vehicles has.
14:06
Speaker 6: I think a good thing to do would be make
14:08
Speaker 6: an appointment, which you can do now so you don't
14:11
Speaker 6: have to wait and go to one of the DMV
14:12
Speaker 6: offices and just ask. But the complicating factor, of course
14:18
Speaker 6: is you've got to go to Columbus to get the title.
14:20
Speaker 4: Right, Okay, Well, the DMV officers said, well you need
14:25
Speaker 4: to get a motor resk. So that's that's where I'm
14:29
Speaker 4: at in. I just thought you there's something I could do.
14:33
Speaker 6: Well if if you if you hired a lawyer to
14:36
Speaker 6: litigate that with the depart High Department of Motor Vehicles,
14:41
Speaker 6: you'd have more money anything you paid for the camper right,
14:46
Speaker 6: and the pop up camp of course has to have
14:47
Speaker 6: a license plate because you put it behind your vehicle
14:50
Speaker 6: and tow it. Right, it's not a non right. Yeah,
14:52
Speaker 6: you got to have a license. I'd like to tell
14:55
Speaker 6: you that there's something that you could effectively do legally.
14:58
Speaker 6: That would be quickly, in a officiently handling a problem.
15:01
Speaker 6: But I don't know one try and find the guy,
15:04
Speaker 6: track him down. But then you got to find a
15:06
Speaker 6: notary just to acknowledge the signature.
15:12
Speaker 4: Right, Yeah, no, I have the address. I'd hate to
15:20
Speaker 4: go to someone's house, you know what I'm saying.
15:23
Speaker 6: Yeah, Well, but I mean, if that's the only alternative,
15:26
Speaker 6: it's the only alternative.
15:27
Speaker 2: People do.
15:27
Speaker 6: You have to do sometimes things you don't want to
15:29
Speaker 6: do or don't like doing. But you know, don't beat
15:32
Speaker 6: yourself up. You know now that it was a mistake
15:34
Speaker 6: to take it without the notary. I mean you looked
15:36
Speaker 6: at the title, you saw that it was signed, and
15:38
Speaker 6: it wasn't notarized. Sometimes there's just there's no legal remedy
15:46
Speaker 6: for every economic and social ill, and particularly sometimes those
15:50
Speaker 6: that are brought on by just mistakes. That's my grim reality. Yes,
15:56
Speaker 6: I'm sorry.
15:57
Speaker 4: Well, I was hoping for some different.
16:00
Speaker 6: Honesty's best policy. If I told you what I hope
16:02
Speaker 6: to hear, I'll just give you a false hope because
16:05
Speaker 6: you show up at the even and said, well, the
16:06
Speaker 6: lawyer told me, and the clerk will say, I don't care.
16:09
Speaker 6: No title yeah, yeah.
16:11
Speaker 4: To heard you on radio what he told you wrong.
16:15
Speaker 2: That's exactly right.
16:16
Speaker 5: That can happen, all right, appreciate your phone call, Thanks
16:19
Speaker 5: for calling in this morning. Good luck when getting through that.
16:21
Speaker 5: I know that could be very difficult, least if I'm
16:23
Speaker 5: not open for you, if you want to give us
16:24
Speaker 5: a call threes, you're a four three four five at.
16:25
Speaker 6: The interesting thing about uh, you know the Judicial Selections Commission,
16:30
Speaker 6: which is a big help. I mean it you don't
16:33
Speaker 6: just have I mean back in the day, the politicians
16:37
Speaker 6: just went around and tried to recruit somebody to take
16:41
Speaker 6: an appointment because they wanted their person on the bench.
16:45
Speaker 6: And it would just pop up like an idea, full
16:47
Speaker 6: blown from the governor's year. Well here good who forgets
16:50
Speaker 6: the job? And that's not really good for public confidence
16:54
Speaker 6: in the process. This is a much more open and
16:56
Speaker 6: transparent process, uh, that we we have, and it's an
17:01
Speaker 6: important process because if you look, we had a lot
17:04
Speaker 6: of discussion at one time, well should we continue to
17:08
Speaker 6: elect judges? Remember Sandra Day O'Connor came here at the
17:11
Speaker 6: request of then Governor Mansion to talk to a commissioner. Well,
17:16
Speaker 6: she did not favor the election of judges, although I
17:19
Speaker 6: think she might have been elected Justice O'Connor for the
17:23
Speaker 6: Arizona Supreme Court before President Reagan named of the United
17:27
Speaker 6: States Supreme Court. In any event, the vast majority of
17:33
Speaker 6: sitting circuit judges in West Virginia are there because they
17:36
Speaker 6: were initially appointed to fill a vacancy. Judicial elected offices
17:42
Speaker 6: do not change hands very often. The requirement is that
17:46
Speaker 6: in order to be a circuit judge or a family
17:49
Speaker 6: court judge, you've got to live in the family court
17:51
Speaker 6: circuit or or the judicial circuit. It's close to the people.
17:57
Speaker 6: I mean, those are people you vote for county wide
18:00
Speaker 6: or circuit wide. You know, you know what goes on
18:04
Speaker 6: at the courthouse. People go in as jurors, people at
18:07
Speaker 6: the circuit clerk. You can pretty easily judge the performance
18:11
Speaker 6: of one of your judges, and unless they're guilty of
18:13
Speaker 6: some real shenanigans, they're going to be re elected. For
18:17
Speaker 6: one thing, there's that sort of leg up. If you're
18:22
Speaker 6: a circuit judge and you're pretty popular and you think, well,
18:24
Speaker 6: I've got a good chance of winning this election. Who's
18:26
Speaker 6: the lawyer that in the town where you're judge, Who's
18:30
Speaker 6: going to step up and run against you and lose
18:33
Speaker 6: and then have to look at you for the next
18:35
Speaker 6: day year. And I don't think that's a big deal, right,
18:37
Speaker 6: I mean, I think that's way overblown. I've never seen
18:40
Speaker 6: a judge hold it against somebody who ran against them.
18:43
Speaker 6: I've seen judges talk harsh to people they didn't like
18:46
Speaker 6: before they were judges, and but I'm not sure that
18:50
Speaker 6: they and maybe their discretion was tilted somewhat by who
18:55
Speaker 6: they did or didn't know before they were judges. But
18:58
Speaker 6: across the board, we've got a pretty good issue. In
19:00
Speaker 6: West Virginia, the jobs don't change hands very often, and
19:04
Speaker 6: so these appointments, I mean, I would wager that who,
19:09
Speaker 6: if the trend follows, will see a person who's younger,
19:12
Speaker 6: perhaps in their forties, late forties, maybe in the late thirties.
19:19
Speaker 6: You've got to be licensed for ten years to be
19:21
Speaker 6: on the Supreme Court. Appointed with the idea that you know,
19:24
Speaker 6: an appointment is a leg up for an election, and
19:27
Speaker 6: so then if they are that person then fills Justice
19:32
Speaker 6: Walker's unexpired term by being elected in next May, then
19:38
Speaker 6: it gives them a leg up for a twelve year
19:39
Speaker 6: term after that. So and he wants somebody. I mean,
19:44
Speaker 6: the way to avoid those retirements is I hate to
19:47
Speaker 6: say it because I'm old with don't appoint old people.
19:50
Speaker 6: They get tired and they quit and they die more
19:53
Speaker 6: frequently than the young people. So that I mean, it's
19:55
Speaker 6: in the paper today. I think it's a subject of
19:58
Speaker 6: a little controversy. I think it unfounded, unfair. You know,
20:03
Speaker 6: I see a couplers and get a guy there. But
20:05
Speaker 6: Jason hoffmanoo's with some sort of Americans for prosper Any,
20:10
Speaker 6: a little right winging. But you know, does anybody think
20:12
Speaker 6: Patrick morrisy is not right? I mean, he's not a
20:16
Speaker 6: fill of the hun right right, He's he's certainly not
20:19
Speaker 6: Elizabeth Warren either.
20:21
Speaker 5: The thing and and we'll hit this and then we'll
20:24
Speaker 5: go to break and come back and talk about whatever
20:26
Speaker 5: Harvey wants to talk about. The thing that kind of
20:28
Speaker 5: gets me with h with your kind of opening point
20:30
Speaker 5: where where media portrays and it it's become this thing
20:34
Speaker 5: where you have to identify who appointed a judge right
20:37
Speaker 5: at the beginning of the article, you know, Judge Smith,
20:40
Speaker 5: George W.
20:41
Speaker 2: Bush appointee.
20:42
Speaker 5: What that has done even now that it's become very
20:46
Speaker 5: rote and maybe there's no real intent behind it. What
20:49
Speaker 5: happened over the course of years is certain activists were
20:54
Speaker 5: able to take a look at or a certain colobbyist
20:58
Speaker 5: or something or able to take a look able to
21:00
Speaker 5: modify the way people viewed the law. So they would
21:04
Speaker 5: call call it an activist thing. They would call it
21:06
Speaker 5: like looney Tunes, right wing, left wing, whatever it might be,
21:09
Speaker 5: and make people misunderstand the law at its foundation. And
21:13
Speaker 5: then when a ruling would come out at some point
21:15
Speaker 5: later that was perfectly within the purview of the law
21:19
Speaker 5: as it was written, suddenly it was an activist judge
21:21
Speaker 5: because it was appointed by Obama, Bush or whoever it
21:25
Speaker 5: might be, when really all you did was trick the
21:27
Speaker 5: person that isn't a legal expert into thinking the law
21:30
Speaker 5: was one thing. And then when the judge actually ruled
21:32
Speaker 5: in a perfectly you know, legal environment, like a perfect
21:37
Speaker 5: ruling or one that you could argue, you know, would
21:39
Speaker 5: be substantial, they call it an activist maneuver because you
21:42
Speaker 5: never understood what the law was to begin with, and
21:44
Speaker 5: that has caused such a gray area.
21:46
Speaker 2: And when it does these things, Oh yeah.
21:48
Speaker 6: The recent debate about the availability of quote due process
21:51
Speaker 6: to those persons who are unlawfully in the United States
21:55
Speaker 6: for a period in excess to two years or more
21:57
Speaker 6: than seventy five miles from the southern border. It's hailed
22:02
Speaker 6: as activism or rogue judges. They're all identified as either
22:06
Speaker 6: Obama appointees, Binding appointees, Trump appointees.
22:12
Speaker 2: It's just.
22:16
Speaker 6: And you shouldn't expect lay persons to understand the concept
22:19
Speaker 6: of due process from the fifth and fourteenth Amendments, except
22:23
Speaker 6: somebody should say, and I would think a national leader
22:25
Speaker 6: would say John Roberts would probably like to say it
22:28
Speaker 6: if it wasn't viewed as political. Listen, this is not
22:31
Speaker 6: a big deal due process in this circumstance. Due process
22:35
Speaker 6: is circumstantial in the concept of someone who enters the
22:39
Speaker 6: country and within one day or seventy five dolls of
22:44
Speaker 6: the border, you just ship them back.
22:46
Speaker 2: Period.
22:47
Speaker 6: Now, once they get if they make an application for
22:49
Speaker 6: asylum under the laws that's currently written, then they have
22:52
Speaker 6: certain rights to a hearing. It's not much. It's like
22:56
Speaker 6: a child in school has some due process rights if
22:58
Speaker 6: they're disciplined, but not much. Only what's necessary to give
23:02
Speaker 6: them a fair shot at denying the allegations and a
23:05
Speaker 6: reasonable opportunity to show otherwise, which they can't do. I
23:10
Speaker 6: am baffled. I will be baffled to my dying day
23:15
Speaker 6: that this fellow who's down there at El Salvador, the
23:18
Speaker 6: guy from whether they picked him up in Jersey or someplace,
23:22
Speaker 6: put the guy on a plane, bring him back up
23:25
Speaker 6: to a court in Jersey immigration court in like three weeks.
23:32
Speaker 6: They could have a hearing the government can present their
23:35
Speaker 6: evidence about and if they established probable cause, he's gone.
23:40
Speaker 6: I mean, were you know there is there's a great
23:43
Speaker 6: old lawyer here in Charleston, Robert H. C. K. Wonderful
23:48
Speaker 6: old fellow. I got to know him when he was
23:51
Speaker 6: in his eighties and nineties. But still Sharper's attack and
23:54
Speaker 6: Mike Banassa and I were taking a deposition when Mike
23:57
Speaker 6: was still over there at K Casto of our thenrew
24:00
Speaker 6: railroad worker, and mister K was sitting in and he said,
24:03
Speaker 6: now let's just stop a minute here. Boys is boys,
24:08
Speaker 6: you're a waist and ladder shaving and jackass here. And
24:11
Speaker 6: that's about what we've amounted. Anyway, we gotta.
24:14
Speaker 5: Take a let's going to take a break, go and
24:16
Speaker 5: give us a cofee. You have a question for Harvey
24:17
Speaker 5: three zero four three four five fifty to fifty. Got
24:19
Speaker 5: to remind you it is an auto Q. So you
24:21
Speaker 5: wanna hear Harvey talking right away. We'll get to your
24:23
Speaker 5: phone call. As long as you can hear us talking,
24:24
Speaker 5: then you know we'll get to you next. So if
24:26
Speaker 5: you call it, if you give us a call just
24:27
Speaker 5: waiting que, we'll get to you one line three zero
24:29
Speaker 5: four three four five fifty fifty eight three four five
24:32
Speaker 5: fifty eight fifty. We'll take a break and be back
24:33
Speaker 5: right after this. You're asking to ask the lawyer with
24:35
Speaker 5: Harvey Payton from the Payton Law Firm online Peyton Lawfirm
24:38
Speaker 5: dot com.
24:39
Speaker 2: I'm del Cooper. This is Wchs, the Voice of Charleston.
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25:42
Speaker 2: What they on the side.
25:46
Speaker 3: We have the court room experience, such a need we
25:51
Speaker 3: never give up. We're prepared to fight for your rights
25:56
Speaker 3: when you need action, count on.
26:07
Speaker 6: Up hating you.
26:08
Speaker 5: Put the power of painting on your side. Three's are
26:10
Speaker 5: a four, three, four, five, fifty eight fifty eight. That's
26:12
Speaker 5: what our caller's done this morning. Caller, you are on
26:14
Speaker 5: the air with Harvey. What's your first name?
26:17
Speaker 9: Ray? Hey?
26:18
Speaker 2: Ray, how you doing this morning? Harvey's on the air
26:20
Speaker 2: with you?
26:21
Speaker 9: Okay, Uh, mister Peyton had a question. I had a parent.
26:26
Speaker 9: We we got the home and we're going to sell it.
26:31
Speaker 9: The owner. I had a question about the lead pain
26:35
Speaker 9: in the house. I talked to really and they said,
26:40
Speaker 9: Lawrence said capsuli with like modern latex paint, it would
26:46
Speaker 9: be okay. But do you I don't know if you know,
26:49
Speaker 9: but would you have to notify the buyer that there
26:52
Speaker 9: is a lead pain in a home? You know?
26:54
Speaker 6: I think most I don't unless it's friable. And I
27:02
Speaker 6: mean every almost every home you know built before nineteen
27:06
Speaker 6: sixty eight sixty nine has got lead based paint at
27:08
Speaker 6: some that were built after that. And I don't see
27:13
Speaker 6: how being any harm to make a disclosure, whether it's mandatory.
27:16
Speaker 6: I've seen a couple of real estate sales contracts and
27:22
Speaker 6: for instance, some of these auction houses at augst Off
27:24
Speaker 6: real Estate, they are auction agreements specifically exempt any liability
27:30
Speaker 6: for lead based pains or other environmental factors. It just says,
27:33
Speaker 6: you know, this is with regard to these risks. You
27:37
Speaker 6: buy this priority at your own risk, which I think
27:40
Speaker 6: is perfectly appropriate. Whether there's actually a a and the realtor,
27:45
Speaker 6: of course is bound by whatever the rules are of
27:47
Speaker 6: their agency and the profession, and if they say well,
27:50
Speaker 6: we need to make a disclosure or exempt this. I
27:53
Speaker 6: don't think it's not reasonable requests. It's a little bit
27:58
Speaker 6: of a nanny statism in my opinion. I mean, you
28:03
Speaker 6: know what lived based paint is. You're not going to
28:05
Speaker 6: eat it if you don't have small children in the
28:07
Speaker 6: house and you don't have people are going to pick
28:09
Speaker 6: up scraps of paint ingest them. I don't think that's
28:16
Speaker 6: much of an answer to your question. But I just
28:19
Speaker 6: I think it's fine if you do a disclosure. But
28:22
Speaker 6: whether it's it's I don't think anything in federal law
28:24
Speaker 6: or state law makes it mandatory for you to disclose.
28:26
Speaker 6: The realtor may feel it's necessary, and if they do,
28:29
Speaker 6: they're not going to change.
28:30
Speaker 9: It, right, Okay, I don't know if it was legally required,
28:35
Speaker 9: we weren't going to real we're going to be company
28:40
Speaker 9: out of hur uh.
28:45
Speaker 6: Yeah, you're selling it without a without a realtor in
28:48
Speaker 6: your prais for self owner. Yeah, using somebody like Best
28:52
Speaker 6: Title or one of these outfits.
28:54
Speaker 5: I had experience ray and uh I did mortgages for
28:57
Speaker 5: years from the from the retail side and finance mortgages,
29:00
Speaker 5: and but I handled like on the real estate side.
29:02
Speaker 5: I had to handle all the disclosures, make sure they
29:04
Speaker 5: were signing things like that, and go to the closings.
29:06
Speaker 5: I've never seen like a lead bait, lead based paint
29:10
Speaker 5: disclosure before. I don't think that's something. Don't take my
29:13
Speaker 5: advice for it either. I don't know for sure. He
29:15
Speaker 5: want to make sure, you'll want to make sure all
29:16
Speaker 5: your boxes are checked, but that I'm aware of, I
29:18
Speaker 5: don't think that it's required necessarily.
29:21
Speaker 6: Oh sorry, here about the death of your parent. I'm
29:23
Speaker 6: sure that's not a good thing. And then you have
29:24
Speaker 6: to dispose of You have to do the work that
29:27
Speaker 6: sort of wraps up their whole body of civil works
29:32
Speaker 6: here on earth, and it's not easy to do.
29:35
Speaker 2: I hope you. I wish you well.
29:37
Speaker 6: I mean, if you need any I'm not going to
29:40
Speaker 6: be I don't want to be critical, but I'm just
29:42
Speaker 6: telling your real estate work. I've been doing this for
29:45
Speaker 6: fifty one years, and you know, I've been doing a
29:50
Speaker 6: state work lately for the side of a really good
29:52
Speaker 6: friend of mine who was a lawyer who did real
29:54
Speaker 6: estate work. It's not my primary source, but the title
29:59
Speaker 6: of real estate got to be careful. Uh, And I'm
30:02
Speaker 6: not ripping off on a title service or a deed service.
30:05
Speaker 6: But if they're not licensed attorneys, I've seen some bad
30:10
Speaker 6: things happen. I'm just telling you, I've just seen some
30:12
Speaker 6: bad things. Have just invest a couple of hundred dollars
30:14
Speaker 6: in talking to a lawyer to make sure the deed
30:17
Speaker 6: work and things are correct. I mean, you know, did
30:20
Speaker 6: your did your parent have a will?
30:24
Speaker 9: Uh? If it was my mother? Actually you also for death?
30:33
Speaker 6: Oh all right, so you've got to transfer on death.
30:35
Speaker 6: Well that you know that that's a different course of
30:37
Speaker 6: a different color, that that just passed by operational law
30:41
Speaker 6: at the moment of her demise. I still, and still
30:46
Speaker 6: it's my biased opinion. And if you've got a legal
30:49
Speaker 6: issue to do, you got to have a lawyer at
30:50
Speaker 6: least take a look at it.
30:52
Speaker 9: Uh.
30:52
Speaker 2: And the real property.
30:54
Speaker 6: Think about a deed once a once you sell it,
30:56
Speaker 6: and that's what you've done is on record in the court,
31:00
Speaker 6: it's there forever and if there's a glitch in it,
31:04
Speaker 6: well then somebody's going to come back to you, maybe
31:06
Speaker 6: years later, and ask to straighten it out.
31:08
Speaker 2: And it just.
31:10
Speaker 6: To me, the peace of mind would be worth it.
31:12
Speaker 6: But you know, I mean, if you look at it.
31:14
Speaker 6: You can look you can call the office and talk
31:17
Speaker 6: to me on the phone. I'm not going to be
31:18
Speaker 6: in the rest of this week, and I'll just be
31:20
Speaker 6: there a couple of days next week, but I'll be
31:22
Speaker 6: glad to if you have a question, I'll be glad
31:26
Speaker 6: to answer it account of charge, you think for that.
31:28
Speaker 6: I just want to see that you get it done
31:29
Speaker 6: and you get it done. You know your family's dealt
31:32
Speaker 6: with us, so you want to get I want you
31:34
Speaker 6: to get it done. I want you to get it
31:35
Speaker 6: done in the way they'll ever cause you another problem.
31:37
Speaker 6: We've already had the heartache of you losing your mother
31:39
Speaker 6: and that's hard to do.
31:40
Speaker 9: Right, okay, you, So you'll be on today or tomorrow.
31:48
Speaker 6: I'll be out today and tomorrow. I'll be in the
31:50
Speaker 6: office Monday. I've got to be down to Mason County Tuesday,
31:52
Speaker 6: and then I'll be honest. I'm going down to North
31:54
Speaker 6: Carolina because my youngest boy got wiped out in the
31:58
Speaker 6: hurricane down there last September and he's back in business
32:01
Speaker 6: and we just like to go down on the cage
32:03
Speaker 6: and help him rebuild. Obviously, i'll be back the week
32:05
Speaker 6: after that. If you need something to give me a bus.
32:09
Speaker 9: Now, I'm going to a comment on that on the
32:13
Speaker 9: seam of stuff real quick. What uh FEMA down there
32:19
Speaker 9: in North Carolina. Another person lost property in that storm.
32:25
Speaker 9: He's from nightcra West Virginia, and he was denied help
32:30
Speaker 9: and all that. SEMA refused to help he looked at
32:35
Speaker 9: his property. So it is a real problem what they
32:38
Speaker 9: did to the people down there. I just want to
32:40
Speaker 9: make people aware of that.
32:42
Speaker 6: Well, I mean, I could make you aware of the
32:44
Speaker 6: fact that my son had absolutely no problem. They set
32:47
Speaker 6: up a recovery center in a big parking lot of
32:49
Speaker 6: it washed out building across the street from where his
32:55
Speaker 6: business was. He and his wife both received the mediate
32:58
Speaker 6: emergency assistance. They got some assistance to help rebuild their home.
33:01
Speaker 9: And I'm glad to work up for you. Yeah.
33:04
Speaker 6: I mean, what I'm saying is, I'm sure that a
33:09
Speaker 6: huge disaster like that over a wide area, nobody's perfect.
33:17
Speaker 6: But I think it's unfair to take the one or
33:20
Speaker 6: two or three occurrences highly visible that they may be
33:23
Speaker 6: of imperfection and label an entire response as being somehow
33:28
Speaker 6: ineffective or the result of a senile president or whatever
33:31
Speaker 6: it was. All politically motivated, and it hurt I can
33:34
Speaker 6: tell you it hurt my son, and that hurt his
33:37
Speaker 6: wife because it led to a real animosity by some
33:43
Speaker 6: rural folks against people who were there working as hard
33:47
Speaker 6: as they could to help, and they were helping. So
33:50
Speaker 6: I'm not very tolerant of that. I mean, I feel
33:53
Speaker 6: I don't know who the person is from Nitro, what
33:55
Speaker 6: their issue was. Without knowing the specifics, I wouldn't want
33:59
Speaker 6: to comment on it, but I can. Our experience was
34:01
Speaker 6: completely opposite, and our experience was an undue criticism based
34:06
Speaker 6: upon politics hurt the people that I love down there,
34:10
Speaker 6: So I'm not listening to it. Thank you.
34:13
Speaker 5: Ye, you have a couple of minutes if you want
34:15
Speaker 5: to get the power paton on your side this morning,
34:16
Speaker 5: three zerre a four three four five fifty to fifty eight.
34:18
Speaker 5: We have a couple of minutes left. You can get
34:20
Speaker 5: one line this morning. Very briefly, I thought we'd take
34:23
Speaker 5: two seconds to talk about the snackdrop it. Oh, if
34:25
Speaker 5: you don't mind doing that.
34:26
Speaker 6: Hey, I pulled into the parking lot this morning looking
34:28
Speaker 6: for my usual place to hide and park over in
34:30
Speaker 6: the corner, and what are there trucks? Trucks and pickups. Well,
34:34
Speaker 6: there's my son in law, Brian Roberts. He Brian the
34:38
Speaker 6: works in Your Mission and the Union Mission, which does
34:41
Speaker 6: wonderful work and they've been at it for one hundred years.
34:43
Speaker 6: I mean, they're a really legitimate, locally based, hard working,
34:49
Speaker 6: empathetic help agency. So they're having a snack drop here
34:55
Speaker 6: if you want to drop off in the parking lot.
34:58
Speaker 6: Correct if somebody been in Republic.
35:00
Speaker 2: Till seven o'clock this evening, Yeah.
35:01
Speaker 6: It's box Cereal, rob and Noodles, mic and cheese, any
35:07
Speaker 6: essentially any prepackaged non perishable food items like naps, crackers,
35:13
Speaker 6: or prepackaged goldfish cheese. It's Kansas.
35:17
Speaker 5: Soit think about your kids lunchbox basically where you're sending
35:19
Speaker 5: them to school, the snack stuff that you put in there.
35:21
Speaker 2: The idea of this. Rob Real had this idea.
35:22
Speaker 5: He's from up early from ninety six to one Superstars
35:25
Speaker 5: to the Country KWSR sister station, and he has a
35:28
Speaker 5: lot of these drop ideas that he does for the community,
35:30
Speaker 5: but the snack drop one specifically. We all know about
35:32
Speaker 5: those programs that are in especially some rural communities that
35:34
Speaker 5: helped feed kids that don't have the school the school
35:36
Speaker 5: lunch program that feeds them during the during the off times, right,
35:39
Speaker 5: and there's ones that exists like backpack Buddies and things
35:42
Speaker 5: like that exist throughout the state, but not every community
35:44
Speaker 5: has those. So what this is aiming to do is
35:47
Speaker 5: to backfiel some of that to get snacks for kids
35:49
Speaker 5: in some of these communities that don't have these at
35:52
Speaker 5: lunch programs for why they're not in school. So it's
35:55
Speaker 5: a great cause. If you have the moment to stop
35:57
Speaker 5: by today from till seven o'clock, you can do that,
35:59
Speaker 5: and we're taking donations all day.
36:01
Speaker 6: Longing driving I'm going to go. I've got to go
36:04
Speaker 6: to this meeting. But when I get free, I'll be
36:06
Speaker 6: coming back up this way. Around five o'clock, I stop
36:10
Speaker 6: over here on the Washington Street at the Dollar General.
36:13
Speaker 6: There's one over here right about somewhere just around Elizabeth Street.
36:16
Speaker 6: Yeh yeah, we're just right down there, and pick up
36:19
Speaker 6: a couple of you know, you can get those multi snacks,
36:22
Speaker 6: something healthy like I know, soup, putting, nonperishable like fruit
36:28
Speaker 6: cups and drop all. I wouldn't hurt the thing. If
36:30
Speaker 6: you're a lawyer, you're you're doing well enough, You've benefited.
36:34
Speaker 6: God's been good to you. It's not outdoor work. There's
36:38
Speaker 6: no heavy lifting, and you're out of the sun. Go
36:41
Speaker 6: buy about twenty dollars worth of snacks. Come over here
36:44
Speaker 6: and drop them off and they'll box them up. Take
36:46
Speaker 6: them the Union mission and you can be sure, you
36:49
Speaker 6: can be absolutely one hundred percent guaranteed sure that that
36:52
Speaker 6: is going to a good place. Help someone who really
36:57
Speaker 6: really needs it.
36:58
Speaker 2: It they do a great job. You want to do
36:59
Speaker 2: a joh We love partnering up with him.
37:01
Speaker 5: About a little bit over a minute left in the program,
37:03
Speaker 5: Harvey tell us about the Payton Law Firm.
37:04
Speaker 6: Well, the Peyton Law Firm fifty one years as of
37:09
Speaker 6: gosh May the twenty fourth this year. I've been practicing law.
37:13
Speaker 6: Graduated from WV in nineteen seventy four. I've had an
37:17
Speaker 6: office in Nitros since nineteen seventy seven, representing folks in Putnam, Mason, Cabal, Kanawa,
37:23
Speaker 6: and all the federal district courts in the area. My
37:25
Speaker 6: young oldest boy, Tom, he's been there twenty five years
37:29
Speaker 6: now with me. He's licensed also over in Ohio.
37:33
Speaker 2: We do.
37:35
Speaker 6: Significant amount of auto accident litigation or claims handling the
37:41
Speaker 6: same way with insurance claims someone denies us to So
37:45
Speaker 6: we're a Nitro twenty eighth one First Avenue, fill online
37:48
Speaker 6: Peytonlawfirm dot com. We are not the largest law firm
37:51
Speaker 6: in the world, but we are large enough to help
37:55
Speaker 6: you with your problem, which to you is the biggest
37:57
Speaker 6: one you have at any given time. And we do
37:59
Speaker 6: our asked and you have our name on it. You
38:01
Speaker 6: can actually come and see us right Payponlawfirm dot.
38:05
Speaker 5: Com, Peyton Lawfirm dot com. Peyton Lawfirm dot com. Located
38:08
Speaker 5: at Nitro, West Virginia seven five five fifty five fifty
38:11
Speaker 5: six three zero four seven five five fifty five to
38:13
Speaker 5: fifty six seven five five fifty five to fifty six.
38:16
Speaker 5: Every Thursday at eight twenty five AD w CCHS ask
38:18
Speaker 5: the lawyer Dave Allan five eighty lives up next. I'll
38:20
Speaker 5: be back this afternoon at three oh six with Dave
38:22
Speaker 5: Weekly on hotline. Have a great day everyone, on the
38:24
Speaker 5: Voice of Charles in five eight w CCHS.
38:33
Speaker 2: Five e w CHS.
38:34
Speaker 7: AM fifty six point five Charleston one oh four point
38:37
Speaker 7: five Cross Lane on WVRC Media station.
38:41
Speaker 2: We're proud to live here too,