Latest / WCHS Network Podcasts / 11/14/2024 Ask the Lawyer with Harvey Peyton

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11/14/2024 Ask the Lawyer with Harvey Peyton · WCHS Network Podcasts

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Speaker 2: The views and opinions expressed on this program do not
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Speaker 2: necessarily reflect the views and opinions of five eight WCHS
0:22
Speaker 2: it's employees or WVRC Media.
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Speaker 3: Put the power of maybe on the side. We have
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Speaker 3: a court room experience. Such a need, we never give up.
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Speaker 3: We're prepared to fight for your rights. When you need action,
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Speaker 3: count on us. Put the power of paton on your side,
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Speaker 3: the power of.
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Speaker 4: Bag and everybody's good morning to you. You can put
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Speaker 4: the power of patent on your side this morning. Three's
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Speaker 4: are A four three, four two eight one three one.
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Speaker 4: Our office number this morning is still how you would
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Speaker 4: get to talk to Harvey Payton? Who's here this morning?
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Speaker 4: Threes are A four three four two eight one three
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Speaker 4: one Harvey?
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Speaker 5: Good morning?
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Speaker 6: How you doing this morning, Bob? I'm doing quite well, Coop.
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Speaker 6: But it was a long and arduous, but pleasant drive
1:11
Speaker 6: in this morning little rainye huh, A little rainy, a
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Speaker 6: little foggy. Who can complain? It's like, I'm not going
1:16
Speaker 6: to complain about cold weather after the heat and drought
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Speaker 6: of this summer. Can't complain about the rain. Although it's good,
1:23
Speaker 6: it would have to rain like this for a month
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Speaker 6: to make up for the decrease in the water table
1:28
Speaker 6: we've suffered over the over the summer. And I I
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Speaker 6: think it was on your station that I heard Kent Leonhardt,
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Speaker 6: who's the agg commissioner, maybe maybe a month ago, was
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Speaker 6: talking about drought relief for farmers, and apparently the bag Department,
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Speaker 6: whose business it is to know these things, said that
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Speaker 6: long term forecast would predict that drought like conditions, dry
1:56
Speaker 6: conditions will persist at least through the first quarter of
2:00
Speaker 6: twenty five. I know. I saw the The Washington Post
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Speaker 6: had an interactive map this week of projected snowfall. It
2:10
Speaker 6: does not look good for the West Virginia ski industry.
2:12
Speaker 6: I mean, our area is labeled as slightly below normal
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Speaker 6: for snowfall, and as you go east, maybe to the
2:22
Speaker 6: Summersville a lot as far as Richwood area, it's more
2:26
Speaker 6: likely to be low snowfall. And when you get to
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Speaker 6: the Potomac Highlands. It's like this dark brown coloration which
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Speaker 6: has significantly below normal snowfall, and what that will do
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Speaker 6: to the industry and all the folks in Randolph, Tucker,
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Speaker 6: Grant and Poe Hodnis County who depend on, you know,
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Speaker 6: winter sports and winter activities for their livelihood. It's a
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Speaker 6: great concern. What are we going to do about it?
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Speaker 4: It's really amazing that we've seen. I mean, I'm fifty,
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Speaker 4: you're a little bit older than I am, but in
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Speaker 4: our lives, I mean, winter just isn't the same as
3:05
Speaker 4: it was. What I mean, even when I was a kid,
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Speaker 4: you know, thirty five, forty years ago, it's just not
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Speaker 4: the same.
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Speaker 6: Well, no, it's not. I mean, I'm old enough to
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Speaker 6: remember Coal River in Saint Albans below the Main Street
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Speaker 6: bridge freezing solid enough we can walk on it.
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Speaker 5: Kid.
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Speaker 6: Sure, the Tackers Creek backwater, which is there parallels West
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Speaker 6: Main Street where I grew up, would freeze solid and
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Speaker 6: ice skating was the thing I can remember seeing ice
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Speaker 6: feathers on the on the whole cover in the backwater
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Speaker 6: and then gouysh I'm thinking it must have been early
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Speaker 6: sixties when the Canal River at St. Albans froze over.
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Speaker 6: I'm not sure solid enough to walk on. I wouldn't
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Speaker 6: have tried it anyway, but yeah, we had ice across
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Speaker 6: the river. And it's a cyclical thing. Obviously. I think
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Speaker 6: no one can really legitimately deny now that there's some
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Speaker 6: homogenic effects on climate that have changed weather patterns kind
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Speaker 6: of sporadically. Actually, the change in climate can lead to
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Speaker 6: more cold weather in certain places and more warm weather
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Speaker 6: and drought than others. And you combine that with I
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Speaker 6: think there's a wild El Nino out in the Pacific
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Speaker 6: and we'll just have to see what winter holds. The
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Speaker 6: thing about it is, we've got a new president in
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Speaker 6: the new Congress. If the weather's lice and warm, you
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Speaker 6: can take credit for it. Hey, look it was cold
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Speaker 6: last winter when Joe Biden was president. Now it's warm.
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Speaker 6: But if you're going to you better address gas and
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Speaker 6: groceries first and foremost. Gas and groceries decided the day.
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Speaker 6: That's that's my personal analysis. I heard Tom last week
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Speaker 6: saying that he predicted the outcome of the election months ago,
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Speaker 6: and he did, And I had a bad feeling in
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Speaker 6: my heart that that, you know, he's right, because you
5:01
Speaker 6: can't argue around gas and groceries. You can have the
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Speaker 6: Paul Krugman Nobel Prize in Economics tell you all you
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Speaker 6: want about. Well, inflation's worldwide phenomenon, and the rate in
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Speaker 6: the United States is lower than other places, and our
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Speaker 6: economy now has bounced back more quickly than post pandemic
5:21
Speaker 6: and other economies. And the man in the streets says, yeah,
5:25
Speaker 6: but Eggs.
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Speaker 4: I have to and I have to admit as somebody
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Speaker 4: that is aware of all those things. I mean, I
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Speaker 4: was aware of how our economy against the rest of
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Speaker 4: the world was thriving compared to the rest of the world,
5:35
Speaker 4: I mean, based off of GDP and the lowering of
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Speaker 4: inflation and things like that. I mean, I was aware
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Speaker 4: of that. But I also kind of would get a
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Speaker 4: little upset when somebody obviously that was struggling to be like, man,
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Speaker 4: my groceries have gone up fifty percent, and then somebody
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Speaker 4: be like, well, actually, your groceries haven't gone up fifty percent.
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Speaker 4: They've gone up twenty one percent. So you know, economy
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Speaker 4: is great.
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Speaker 5: Man. Man, that is such a bad way to communicate
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Speaker 5: with people.
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Speaker 6: Yeah, losing way to communicate with people as the results
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Speaker 6: of last week's election clearly demonstrated. Well, we'll see. You know,
6:08
Speaker 6: it's America. You have an election, there's winners, there's losers.
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Speaker 6: You see what policies are implemented, what happens. You've got
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Speaker 6: a House and a Senate that write a check on
6:17
Speaker 6: the executive power. You've got a court system that checks
6:20
Speaker 6: on both of them. Don't see what happens. I mean,
6:22
Speaker 6: as the sun came up last Wednesday morning, and he's
6:26
Speaker 6: just like always went down on the west and do
6:28
Speaker 6: the same thing for the next four years or so.
6:31
Speaker 6: And we'll just see what happens. Now, we're going to
6:33
Speaker 6: see sometime maybe this week, what is going to happen
6:39
Speaker 6: with high school football playoffs in West Virginia.
6:43
Speaker 5: This is a crazy story, right, It is.
6:44
Speaker 6: A crazy story that is somewhat fluid. I had the
6:48
Speaker 6: good fortune when I walked in this morning, my friend
6:50
Speaker 6: Ben Selango was out at the front desk. He's on
6:53
Speaker 6: with another station here right now. Then he's going to
6:55
Speaker 6: be on Dave Allen. I got live at the nine
6:59
Speaker 6: o'clock hour and Ben we were just talking of the
7:03
Speaker 6: way lawyers do about look at this, well, he had
7:06
Speaker 6: a case. Gosh, maybe twelve or fifteen years ago involving
7:10
Speaker 6: a celt Charleston High School hurric and high school football
7:14
Speaker 6: game where players were disqualified after the fact by film
7:18
Speaker 6: review and he sought injunctive relief in the Circuit Court
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Speaker 6: of Knawk County won. The Supreme Court then reversed it
7:24
Speaker 6: because you know, for a long time, for decades, the Court,
7:30
Speaker 6: our Supreme Court, at least by way of dicta dicta
7:34
Speaker 6: being language in a case. It's not necessarily decisive, but
7:38
Speaker 6: it's somewhat demonstrative of the Court's reasoning was that, you know,
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Speaker 6: these there are matters that the Court should take a
7:45
Speaker 6: hands off attitude. For instance, eligibility rulings by the Secondary
7:49
Speaker 6: School's Activities Commission, which is a you know, quasi public institution.
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Speaker 6: It's ruled by the principles of schools that participate, and
8:01
Speaker 6: now they all participate. At one time, the Catholic schools
8:03
Speaker 6: had their own league. They're in commission to regulate athletics
8:07
Speaker 6: between all the Catholic schools. But then now they've consolidated
8:12
Speaker 6: with the SSAC, essentially telling circuit judges without backhand slapping
8:20
Speaker 6: any particular circuit judge, look, you really should be more
8:24
Speaker 6: cautious when you start dealing with matters that are really
8:29
Speaker 6: within the purview of the educational system, within rules that
8:31
Speaker 6: are adopted, they're vetted, they're promulgated. That sort of shifted,
8:37
Speaker 6: you know. Selango's case was reversed by the Supreme Court,
8:41
Speaker 6: but a few years later they changed course and acted
8:45
Speaker 6: in another similar case to approve a Circuit court's intervention.
8:50
Speaker 6: And now, of course what we have, at least what
8:52
Speaker 6: I read, I haven't seen any of the orders, is
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Speaker 6: that somehow a case originated in Wood County. Now that's
8:59
Speaker 6: what I all. The independent state of Wood County. There
9:02
Speaker 6: really isn't a whole lot of commerce and communication between
9:06
Speaker 6: the Kanal Valley or the rest of the state in Parkersburg.
9:10
Speaker 6: Parkersburg is an island unto itself. And I learned long
9:13
Speaker 6: ago that if there's a dispute between the big Red,
9:16
Speaker 6: which is Parkersburg High School in Parkersburg South, they line
9:20
Speaker 6: up along party line, not party lines, but high school
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Speaker 6: alumni Wood County and fight each other. It becomes an
9:27
Speaker 6: issue in elections for things like prosecuting attorney. Circuit judge,
9:31
Speaker 6: are you a big Red? Yeah, it's anyway that the
9:37
Speaker 6: judge there ruled on an issue that came up, as
9:40
Speaker 6: I understand it, back in August. You know, we went
9:44
Speaker 6: through this sort of legislative dictated reshuffling of the classes
9:52
Speaker 6: of schools that participate. We had it so we'd had
9:56
Speaker 6: a foray the quote big school class and it's super
10:00
Speaker 6: He did the triple A, which was we had for
10:03
Speaker 6: decades triple A or larger schools based upon population enrollment,
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Speaker 6: double A and single A, all of which keyed off.
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Speaker 6: You know, how many students do you have the idea
10:15
Speaker 6: being And I think it held true that the larger
10:18
Speaker 6: a universe of students you have to pick from, they're
10:22
Speaker 6: more likely you are to have talented, more talented, or
10:27
Speaker 6: as talented individuals rise at the top. You know, there
10:32
Speaker 6: are exceptions of which you could take schools like Moorefield
10:35
Speaker 6: and Wardensville where on occasion they would have four or
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Speaker 6: five really good athletes who just came through the system
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Speaker 6: randomly and then would win championships. Then you would have
10:48
Speaker 6: particular coaches. I had a coach in my office the
10:52
Speaker 6: other day just talking, we're just friends. Came back for
10:54
Speaker 6: a visit and they won seven girls Suptle championships at
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Speaker 6: Buffalo High School. Well, there's a single a school. What happened, Well,
11:04
Speaker 6: you've got you had a crop of really good students,
11:07
Speaker 6: and after that, you know, students aspired to play on
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Speaker 6: those teams. They worked hard. It was before the open
11:14
Speaker 6: transfer rule, and they knuckled down and won several consecutive
11:19
Speaker 6: state championships and girls softball. Well, but that meant that
11:24
Speaker 6: some people who didn't have that rare occasion of a
11:27
Speaker 6: bubbling up of superior talented individuals didn't get to go
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Speaker 6: to the playoffs. Well, nobody said life's always fair, right,
11:37
Speaker 6: But the answer to that was, let's reshuffle these divisions
11:41
Speaker 6: so everybody has a chance to go. I understand that
11:45
Speaker 6: under the current the ruling issued in Wood County, four
11:52
Speaker 6: teams would be out of the playoffs and four teams
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Speaker 6: who are not, one of which is Saint Alban's, which
11:59
Speaker 6: is my alma mater, right from St. Albans High School.
12:02
Speaker 6: And get this, nineteen sixty seven, which was twenty five
12:06
Speaker 6: years or more before you were born.
12:08
Speaker 4: Yeah, yeah, well no that was I was born in
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Speaker 4: seventy fours, so not that far.
12:14
Speaker 6: But think about that. Sat Albans has won three games
12:19
Speaker 6: over other teams who have won fewer games.
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Speaker 4: And they were gonna have to play Capital for the
12:24
Speaker 4: play in under that rule when Capitol had three wins.
12:26
Speaker 4: So it's gonna be two three win teams playing for
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Speaker 4: entry into the playoffs.
12:30
Speaker 6: Yeah, I guess the team that has eight wins, right,
12:32
Speaker 6: you know? So then now we had something come out
12:36
Speaker 6: of maybe perking up in Wyoming County. What do you
12:41
Speaker 6: do when you have competing injunctions from various circuit courts?
12:45
Speaker 6: In theory, you know, ruling of a circuit court only
12:49
Speaker 6: has application to the to the circuit where that judge
12:52
Speaker 6: is sitting. But if you've got a conflict between circuit courts,
12:56
Speaker 6: there's only one way to resolve it, and that's the
12:59
Speaker 6: Supreme Court appeal. So I understand now that there's going
13:03
Speaker 6: to be some sort of The SSAC may Secondary School's
13:05
Speaker 6: Activities Commission may have made some filing recently with the
13:11
Speaker 6: Supreme Court saying hey, tell us what to do here.
13:16
Speaker 6: They're also at the same time making arrangements for neutral
13:18
Speaker 6: field playoffs. It's you tinker with things that aren't really broken, right.
13:26
Speaker 6: Some people are disappointed with the way things worked before,
13:30
Speaker 6: But it wasn't broken.
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Speaker 4: There wasn't you thought we had one of the best
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Speaker 4: high school playoffs. I've lived in several different states. I
13:35
Speaker 4: thought we had one of the best products out there
13:37
Speaker 4: as far as fan engagement, entertainment, and oh, it was far.
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Speaker 6: Better than what we used to I can tell you.
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Speaker 6: I can tell you what the rule was in nineteen
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Speaker 6: sixty six because that was my senior year in high
13:46
Speaker 6: school at Saint Auban's High School. We played an all
13:50
Speaker 6: triple A schedule. We lost one game and stayed home
13:54
Speaker 6: for the holidays because we finished up third in the
13:57
Speaker 6: state rankings and at that time, the top two teams
13:59
Speaker 6: played off.
14:01
Speaker 5: Yeah.
14:01
Speaker 6: Right, so you got Huntington High and or no, maybe
14:04
Speaker 6: Bluefield and Buckana Upshire playing on one day the week
14:08
Speaker 6: after Thanksgiving, and hey, the winners of state champs and
14:10
Speaker 6: the rest of you just go home. I mean, certainly
14:13
Speaker 6: has more fear that was expanded. However, now that you
14:16
Speaker 6: have sixteen teams in Class four A when the classifications
14:21
Speaker 6: were redrawn back in August, that just extured every team
14:25
Speaker 6: in Class four A of a playoff slot. You know,
14:27
Speaker 6: we'll just have to see. The legislature should stay out
14:30
Speaker 6: of it. I think the courts need to lay down
14:33
Speaker 6: some bright line guidelines on when you can change these things,
14:38
Speaker 6: when these things can be done, and then leave it
14:40
Speaker 6: up to the principles of these schools, the athletic directors,
14:43
Speaker 6: the coaches, and the people that they place on the
14:47
Speaker 6: secondary School's Activities Commission and say, look, we're going to
14:50
Speaker 6: live with this. You know, Bill Wooton's on the Supreme
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Speaker 6: Court for years. Bill was the council statewide for this
15:00
Speaker 6: secondary school's Activities Commission. It's got to be somewhat painful,
15:02
Speaker 6: I would think for him to look at the current
15:04
Speaker 6: state of affairs. I mean, he was in circuit courts
15:07
Speaker 6: all over the state because every eligibility rule. Well, little Johnny,
15:13
Speaker 6: you know, he transferred in here, but his parents live
15:16
Speaker 6: over there. He's living with the cousmutsist of they're recruiting,
15:20
Speaker 6: which has always gone on and always created controversy. Well see,
15:24
Speaker 6: I mean, I just don't think that the courts. Do
15:26
Speaker 6: you think the courts are a really good place to
15:28
Speaker 6: resolve those issues?
15:31
Speaker 4: That seems very odd to me, And just from the
15:33
Speaker 4: outside looking in, one of the things that seems like
15:35
Speaker 4: one of the biggest mistakes that was made on this
15:37
Speaker 4: is we made all of these changes to the transfer
15:39
Speaker 4: portals and everything else, whatever you think about those, those
15:41
Speaker 4: are already baked in. But then we sat down and
15:44
Speaker 4: looked to classify schools, and we were looking at a
15:47
Speaker 4: broad history of those schools. The history no longer comes
15:50
Speaker 4: into play. After you change the transfer rules and you've
15:52
Speaker 4: changed the balance of power that's existed for decades. Suddenly
15:56
Speaker 4: you're trying to draw circles around cohorts that don't exist anymore.
16:01
Speaker 4: And I think that's where the problem came in at
16:04
Speaker 4: is that we didn't have any data to back up
16:06
Speaker 4: where we currently stand in high school sports in this state.
16:09
Speaker 4: Because it's sort of the wild West.
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Speaker 5: Out there right now. The powers have changed because of
16:14
Speaker 5: transfers and things along those lines. And I don't know.
16:16
Speaker 4: I mean, that's not my job, but to me, it
16:18
Speaker 4: seems like before you make wholesale changes, you need to
16:21
Speaker 4: have some data to back it up, and there was
16:22
Speaker 4: no data here. We've only been in this open transfer
16:24
Speaker 4: thing for a few years.
16:25
Speaker 6: Well, we had data on enrollment.
16:27
Speaker 5: Yeah, I mean that's it. Yeah.
16:28
Speaker 6: I mean you can just say, well, it may not be.
16:30
Speaker 6: It's like a sales tax, right, sales tax is regressive.
16:33
Speaker 6: Everybody agrees with that. It falls more heavily on low
16:36
Speaker 6: income earners because they spend more of their disposable they
16:41
Speaker 6: spend their income. You know, those who are more affluent
16:45
Speaker 6: put their money in savings, they invest in things, they
16:50
Speaker 6: buy real estate that's not subject to a sales tax,
16:53
Speaker 6: and so they're burdened no matter what the rate. The
16:56
Speaker 6: rates flat six percent seven municipalities, but it does fall
17:00
Speaker 6: more heavily on lower income earners. But the flip side
17:06
Speaker 6: is it's easy to collect, it's reliable. It generally fluctuates
17:16
Speaker 6: with the strength of the economy and consumer confidence, and
17:20
Speaker 6: therefore you just trade off some regressiveness for practicality. And
17:28
Speaker 6: it seemed to me that that same rule, we wouldn't
17:31
Speaker 6: hurt to apply that same rule, although that would require
17:33
Speaker 6: rolling back the four classifications, the expanded playoffs to what
17:40
Speaker 6: existed seemingly perfectly. Well, that's fifteen years ago.
17:46
Speaker 5: As a parent of a six year old.
17:47
Speaker 4: The other thing that kind of bothers me just observing this,
17:50
Speaker 4: and my kid's been homeschooled up until this point, and
17:52
Speaker 4: we've been waiting for the point that we would enter
17:54
Speaker 4: her into public schools or maybe a private school. That's
17:57
Speaker 4: always been our sort of what our plan was. But
18:00
Speaker 4: I've been looking for the last three or four years
18:02
Speaker 4: of the immense amount of energy that's put in to
18:05
Speaker 4: make sure that like basically, you know, no child left behind,
18:08
Speaker 4: Like I feel like that in this state, it's no
18:10
Speaker 4: child left off a court or a field. It's like
18:12
Speaker 4: our priorities is to make sure every kid can play
18:14
Speaker 4: a sport somewhere wherever they want to play, however they
18:16
Speaker 4: want to play it and get into the playoffs while
18:18
Speaker 4: doing it. But I'm kind of losing the plot on
18:21
Speaker 4: what's happening on the education side of things.
18:23
Speaker 6: Well, and of course you just have to face facts.
18:28
Speaker 6: It is baked in to the American psyche. I mean,
18:32
Speaker 6: it doesn't take any economic genius to look at spending
18:37
Speaker 6: across the United States at the secondary school level to
18:42
Speaker 6: see that significant assets are invested in athletics, interscholastic athletics,
18:51
Speaker 6: and on the theory that well, it's part of it
18:54
Speaker 6: trains you for dedication and discipline and work. Take a
18:58
Speaker 6: look at Putnam County. People want to move to Putnam
19:01
Speaker 6: County because of our school system. Well, we passed a
19:06
Speaker 6: levee a bond levy in Putnam County this last I
19:09
Speaker 6: don't know of any other county in the state that
19:11
Speaker 6: had a bond levy of well Capbell. They had one
19:13
Speaker 6: on the on the ballot and they passed it. That
19:16
Speaker 6: was held up by the participation of the library and Parks,
19:21
Speaker 6: which was excluded from the bond issue when it was
19:23
Speaker 6: on the ballot. I think earlier this year they had
19:28
Speaker 6: a change in superintendents. The issue was put back before
19:33
Speaker 6: the voters and the library and parks were included again
19:37
Speaker 6: as for a share, and it passed. But in Potdham County,
19:40
Speaker 6: we desperately need a new middle school for the Hurricane area, desperately.
19:46
Speaker 6: They have a new newer school in Eleanor and join
19:49
Speaker 6: GW because the old school burned. We have a new
19:52
Speaker 6: middle school newer than the high school in PoCA because
19:57
Speaker 6: the old school was the old high school and just
19:59
Speaker 6: was de crap. But I mean that was in the
20:02
Speaker 6: bond issues. You have a new high school of Buffalo,
20:04
Speaker 6: but on the ballot with the bond issue to build
20:08
Speaker 6: a new middle school on property that the board already
20:12
Speaker 6: owns near the high school and Hurricane, which is desperately needed.
20:16
Speaker 6: What else was included in that one? New scoreboards, new
20:21
Speaker 6: press boxes, new services for the playing fields, training facilities, gymnasiums,
20:31
Speaker 6: on and on and on. So there you have it.
20:34
Speaker 6: You're going to have a higher the passive bond issue.
20:37
Speaker 6: To build a school. You've got to give everybody a
20:40
Speaker 6: little something, and what do they want?
20:42
Speaker 5: Sports stuff?
20:43
Speaker 6: Sports stuff now, But you have to face the fact.
20:46
Speaker 5: That's the fact.
20:47
Speaker 4: It's amazing to me when I was traveling and I'm
20:51
Speaker 4: not a eurofil I'm a proud American. I have no
20:53
Speaker 4: problem at all asserting to folks from other countries, you know,
20:58
Speaker 4: when we get into conversations. However, I've never felt like
21:01
Speaker 4: more of an alien than when I was in Ecuador
21:03
Speaker 4: and there was a bunch of people from Australia, Europe
21:05
Speaker 4: and stuff. When the on the farm that I was
21:07
Speaker 4: staying at and conversation got to sports and different things,
21:09
Speaker 4: and I started to explain a little bit how sports
21:12
Speaker 4: as it worked in a relationship to education worked in
21:15
Speaker 4: the United States. Everybody looks at you like you're you're
21:19
Speaker 4: a stinking alien, But you have sports attached to your
21:21
Speaker 4: high schools and colleges that like, that's how that works.
21:24
Speaker 4: Those are all like attached to like it's it's way
21:28
Speaker 4: different than it is anywhere else, and it seems strange
21:30
Speaker 4: to folks for that to be attached to education in
21:33
Speaker 4: some way, shape or form, and explaining it as somebody
21:36
Speaker 4: that grew up in and it's kind of hard to
21:37
Speaker 4: explain it to a third person that has no relative
21:40
Speaker 4: understanding of the situation.
21:41
Speaker 6: Well, but it's a cultural norm in the exactly yeah,
21:43
Speaker 6: exactly cultural norm and it's not going to change. Uh,
21:47
Speaker 6: it's has. American culture has become more lonely and more
21:54
Speaker 6: disaffected than before. I mean we've seen a significant erosion
21:58
Speaker 6: and ands religious institutions, mainline churches are way down. You know,
22:05
Speaker 6: you see people's confidence in government except local government.
22:08
Speaker 5: People.
22:09
Speaker 6: You got the paradox of distance in government. You love
22:13
Speaker 6: your congressman because he can get a parking lot paved
22:15
Speaker 6: at the post office, but you hate the House representatives.
22:20
Speaker 6: They're bad. I mean it's a part of that. And
22:24
Speaker 6: of course it's reflected in.
22:27
Speaker 5: Sort of the.
22:30
Speaker 6: Emphasis on individual accomplishment and acquisition. I mean, it is
22:38
Speaker 6: unfair and it was always unfair to have really hard
22:44
Speaker 6: working eighteen to twenty four year olds enrolled in college
22:48
Speaker 6: unquote scholarships where they work seven days a week. Three
22:51
Speaker 6: hundred and sixty five days a year to go out
22:54
Speaker 6: and put on a sports spectacular once a week for
22:58
Speaker 6: twelve weeks in the fall. And coaches are making I think,
23:03
Speaker 6: didn't Saban last year at Alabama made eleven million dollars.
23:10
Speaker 6: Thinking out in the small one of the smaller and
23:14
Speaker 6: admittedly the next the poorest or poorest state in the Union.
23:18
Speaker 6: We have a coach in Morgantown. He makes four million dollars.
23:21
Speaker 6: We had a basketball coach who was making four million dollars.
23:24
Speaker 6: Now think about that.
23:27
Speaker 4: The top seven college football coaches all make over ten
23:29
Speaker 4: million dollars a year.
23:32
Speaker 6: And seeing that, you can't believe the players, I mean
23:40
Speaker 6: the players who've got their stake in it. But now
23:42
Speaker 6: it's become open season free agency. And get at UNLV
23:47
Speaker 6: that just said I'm going a red shirt because they
23:48
Speaker 6: didn't pay me.
23:49
Speaker 4: The NCUBA did not care what the players did as
23:52
Speaker 4: long as they could still make their money, so they
23:53
Speaker 4: just let that thing go the way it went.
23:55
Speaker 6: Well, the NCUBA lost control of March madness. They would
24:01
Speaker 6: fold their tents. That's just a money maker. And their
24:05
Speaker 6: enforcement power has been rapidly decreasing. I mean the major
24:12
Speaker 6: four conferences, well actually to the Big Ten of the
24:14
Speaker 6: SEC run the show. You look at the prospective teams
24:19
Speaker 6: that will be in the football playoffs right now the
24:22
Speaker 6: end season end of today. Georgia would get shut out
24:26
Speaker 6: because they're twelve. But Bye is right behind them, and
24:30
Speaker 6: BYU no not b YU, it's Boise States. They're gonna
24:35
Speaker 6: win the Mountain Athletic Conference and so they're the.
24:38
Speaker 5: The last team in, or has to be the last.
24:40
Speaker 6: Ten, their last team in because of their conference champs.
24:43
Speaker 6: But if Georgia was in there, it would be five
24:46
Speaker 6: SEC schools, four Big Ten schools, one from the Big twelve.
24:51
Speaker 4: The SEC and Big Ten like a shadow government to
24:53
Speaker 4: the NCAA. Well, they basically run it.
24:56
Speaker 6: They'd have all the money. They pulled out and signed
24:58
Speaker 6: their own football contract or TV contract like Notre Dame
25:03
Speaker 6: did years ago. There it is, let's take a break,
25:08
Speaker 6: maybe we'll come back. We can talk a little bit
25:10
Speaker 6: about the Peyton law.
25:10
Speaker 5: Let's do that I do and.
25:12
Speaker 6: Get somebody to give us a call. If you have
25:14
Speaker 6: a question about the law or some some issues that
25:18
Speaker 6: you want to discuss, just pick up the phone and call.
25:20
Speaker 5: That's right.
25:21
Speaker 4: Threes are four three, four two eight one three one
25:22
Speaker 4: pay attention to that number. It's little bit different right
25:24
Speaker 4: now until we get our studio situations taken care of.
25:26
Speaker 4: But we can't take your phone calls. Three zero four,
25:28
Speaker 4: three four two eight one three one till Tracy. You
25:30
Speaker 4: want to talk to Harvey Payton, when ask the expert
25:32
Speaker 4: and she'll send you right back to our producer who'll
25:34
Speaker 4: get you on the air. You can also text over
25:36
Speaker 4: questions if you would like. Three zero four nine three
25:38
Speaker 4: five five zero zero eight three zero four nine three
25:40
Speaker 4: five five zero zero eight. Peyton Law Firms located in Nitro,
25:42
Speaker 4: West Virginia. Payton Law Firm dot com. That's p Y
25:45
Speaker 4: two in Peyton Law Firm dot Com. We'll take a
25:47
Speaker 4: break and be back right for this. I'm Dell Cover.
25:49
Speaker 4: That's Harvey Payton. This is asked the lawyer on WCHS.
25:51
Speaker 4: The Voice of Charleston.
25:53
Speaker 7: Trans Siberian Orchestra, The Rock Holiday Tradition returns December fifth.
25:59
Speaker 7: It's seven pm. I'm Charleston Coliseum. Ticket on sale now
26:03
Speaker 7: at ticketmaster dot com. A portion of the proceeds benefiting
26:07
Speaker 7: WVU Medicine, Children, Sorry Guitars, Dazzling Lacris and Enumpyro to
26:14
Speaker 7: Keep You Warm all season. Then don't miss Trans Siberian
26:18
Speaker 7: Orchestra live in concerts.
26:22
Speaker 8: This is jb Acres. Thank you for your trust and
26:25
Speaker 8: sending me back to the capital as one of your
26:27
Speaker 8: Canall County delegates. No matter who you voted for, I'll
26:29
Speaker 8: always work for a whole community with optimism and energy.
26:33
Speaker 8: I'm not asking for your vote today, but if you're
26:35
Speaker 8: so inclined, I would ask for your prayers as we
26:37
Speaker 8: reunite our country and state after the election. This is
26:40
Speaker 8: jb Acres and I am grateful for the privilege of
26:42
Speaker 8: serving you in the place my wife, Mary Claire, and
26:44
Speaker 8: our three wonderful kids call home. Now let's roll up
26:46
Speaker 8: our sleeves and work together to make a better West Virginia.
26:49
Speaker 8: Paid for by jb Acres for West Virginia.
26:51
Speaker 9: Mister world, here just watching a scary movie with my
26:56
Speaker 9: eyes covered, which reminds me my eyes are also covered
26:59
Speaker 9: by my vision insurance and I need to hurry to
27:02
Speaker 9: Eyeglass World and use my benefits by the end of
27:04
Speaker 9: the year, you know, before they expire.
27:09
Speaker 2: Like that, poor guy.
27:10
Speaker 10: Use your vision insurance today to find one pair of
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Speaker 10: glasses and get forty percent off the second pair at
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Speaker 10: Eyeglass World. Visit eyeglassworld dot com to schedule your exam
27:19
Speaker 10: online and for offer details.
27:22
Speaker 3: Put the power of Payton on the side.
27:26
Speaker 5: We have the courtroom.
27:28
Speaker 3: Experience set you need. We never give up. We're prepared
27:34
Speaker 3: to fight for your rights. When you need action, count
27:39
Speaker 3: on us. Put the power of Payson on your side,
27:46
Speaker 3: the power of bases.
27:48
Speaker 4: You can put the power of Paton on your side
27:50
Speaker 4: this morning. Three zer a four three four five nope,
27:52
Speaker 4: three zer a four three four two eight one three
27:53
Speaker 4: one three zero four three four two eight one three
27:55
Speaker 4: one are office line this morning as we're getting everything
27:57
Speaker 4: sorted into our new studios. Three z are a four
27:59
Speaker 4: three four two eight one three one. You can also
28:01
Speaker 4: give us a Texas morning if you if you like to,
28:04
Speaker 4: don't have time to make the phone call three zero
28:05
Speaker 4: four nine three five five zeros your eight.
28:07
Speaker 6: Well, I want to talk a little bit about the
28:10
Speaker 6: Peyton Law Firm because we're sort of at a well
28:14
Speaker 6: at a significant point. You know, I've been as of
28:18
Speaker 6: this past May, I've been practicing law actively for fifty years.
28:22
Speaker 6: Oh wow, yeah, and got a little plaque. All you
28:25
Speaker 6: have to do is live long enough and pay your dues.
28:28
Speaker 6: Regularly and you get a small plaque. And Tom's been
28:33
Speaker 6: practicing for twenty three almost twenty four years now. Now
28:38
Speaker 6: all of his practice has been in one location that
28:40
Speaker 6: is in our office at twenty eight oh one First Avenue.
28:44
Speaker 6: That's on the corner of twenty eighth Street and First
28:46
Speaker 6: Avenue in Nitro, just about all half mile off the interstate.
28:50
Speaker 6: If you're going from downtown Charleston, in about twenty minutes,
28:54
Speaker 6: exit at Nitro, turn left, and five minutes you're at
28:57
Speaker 6: our office. Were located maybe ten minutes from Day's Valley
29:02
Speaker 6: Saint Albans Cross Lanes. We practiced all over Tom. I'm
29:07
Speaker 6: here today because Tom has a big hearing down in
29:09
Speaker 6: Campbell County this morning. We do work. We've done some
29:12
Speaker 6: working logan. I still have a couple of claims pending.
29:15
Speaker 6: There are pretty much all over southeastern or southwestern West
29:18
Speaker 6: Virginia and southeastern Ohio. Because Tom years ago went over
29:23
Speaker 6: to Ohio and took the bar. We had some railroad
29:26
Speaker 6: cases over there, and we've been over there and tried
29:28
Speaker 6: some cases in Columbus and Tom won a big case
29:32
Speaker 6: in the Court of Appeals for the Sixth Circuit in Cincinnati,
29:36
Speaker 6: and we have a call.
29:37
Speaker 5: We do have a call. Now, let's go and go
29:38
Speaker 5: to the fund lines. We have a caller on the
29:39
Speaker 5: air collar.
29:40
Speaker 4: What's your first name, Bob? Hey, Bob, how you doing
29:42
Speaker 4: this morning? What's your question or comment for Harvey?
29:45
Speaker 11: My comment is about the high school rating system, and
29:49
Speaker 11: to me, it's fairly simple. Any rating system that puts
29:54
Speaker 11: Saint Albans into the playoffs. And I'm a graduated of
29:59
Speaker 11: Saint Albans, I'm not knocking Saint Albans, but any rating
30:02
Speaker 11: system that puts them in the playoff you have to
30:06
Speaker 11: abandon because it's obviously flawed. Thanks.
30:11
Speaker 5: Thanks, Bob, appreciate the phone call.
30:12
Speaker 6: Yeah, I think that's self evident, and I was stunned
30:14
Speaker 6: when I saw that possible result. I mean, I graduated
30:17
Speaker 6: from SIN.
30:17
Speaker 4: I love good things to happen to the Red Dragons,
30:19
Speaker 4: There's no doubt about it. But that's so a little weird.
30:21
Speaker 6: My son Tom, my daughter Sarah, they both graduated from
30:24
Speaker 6: Saint Alban's High School. My youngest granddaughter, Lillian Roberts, she's
30:29
Speaker 6: there now. She plays in the marching band. Loves it. Uh.
30:35
Speaker 6: But the fact is what the fact is. Saint Albus
30:38
Speaker 6: High School doesn't belong in a football playoff period. Uh
30:41
Speaker 6: at a rating system that would accomplish that is indeed flawed.
30:45
Speaker 6: And did that flaw was it exacerbated by the shuffling
30:48
Speaker 6: that took place in August? Probably? Did the coaches see
30:52
Speaker 6: this problem coming when that shuffling took place, and they said, wait,
30:56
Speaker 6: you know we made our schedules based on strength of
30:58
Speaker 6: schedules based on a rating system. Now you've changed, so
31:03
Speaker 6: let's try to strength of schedule on the old ratings.
31:06
Speaker 6: Well no, no, no, you won't do that. So it's
31:08
Speaker 6: just it's blown up in everybody's face. And you would think,
31:13
Speaker 6: what a system is shown to be really flawed? Every
31:16
Speaker 6: system run by human beings is going to have a glitch.
31:20
Speaker 6: I mean, circuit courts don't run smoothly, they take sometimes
31:23
Speaker 6: too long, the results sometimes aren't fair and appropriate. That's
31:28
Speaker 6: what life is. But when you see that happening again
31:30
Speaker 6: and again or to a severe level, then you look
31:33
Speaker 6: at things and you make adjustments.
31:35
Speaker 5: Got another caller, Let's go ahead and go to the
31:36
Speaker 5: phone line's caller.
31:37
Speaker 4: You're on the air. What's your first name? Another Bob, Hey, Bob,
31:41
Speaker 4: what's your question of comment.
31:42
Speaker 12: For Harvey An a state question. My brother lives in
31:47
Speaker 12: Florida and we have a house that needs to be sold,
31:52
Speaker 12: and I'm wondering what's the easiest way to handle that
31:56
Speaker 12: would be, whether you know power of attorney or you
32:02
Speaker 12: know what methods are there to where it can be
32:05
Speaker 12: expedited and he doesn't have to wait on I don't know,
32:09
Speaker 12: male or whatever.
32:10
Speaker 6: Well, where's the house situated, city of Charleston. Okay, so
32:15
Speaker 6: he ends an interest in the house.
32:17
Speaker 12: Yeah, we are equal, equal owners.
32:20
Speaker 6: Now, yeah, well it's really not a big problem. One
32:25
Speaker 6: reason is now we have the Internet. I mean, we
32:29
Speaker 6: get this a lot because in addition to our primary function,
32:34
Speaker 6: which is bodily injury and litigation.
32:36
Speaker 9: Hi.
32:37
Speaker 6: Now, because I'm sort of semi retired to a good
32:40
Speaker 6: bit of transactional work working with the states. Things just
32:43
Speaker 6: like you've got. So you've got somebody who lives out
32:45
Speaker 6: of state who may have inherited an interest in real
32:48
Speaker 6: estate here. Now, of course the estate here has to
32:51
Speaker 6: be resolved so that everybody's title is clear.
32:55
Speaker 12: But as far as well, that's that's one of the complications.
32:59
Speaker 12: The death was a six years ago, the estate's already closed.
33:03
Speaker 12: You know, we just signed the paperwork to close it
33:05
Speaker 12: without a formal you know, divvying up yet because I
33:09
Speaker 12: couldn't get the house sold.
33:11
Speaker 6: Well, but actually was there a will involved?
33:14
Speaker 12: Yeah?
33:15
Speaker 6: And what did the will say?
33:16
Speaker 5: Just divided equally the house.
33:20
Speaker 12: Yeah, it's been long since I looked at it. I
33:22
Speaker 12: guess it said divide everything equally.
33:24
Speaker 6: All right? If it was just said divide everything equally, well,
33:26
Speaker 6: the fact is that when the estate was closed, title
33:29
Speaker 6: to that property passed to you and your brother equally
33:32
Speaker 6: by operation of the will. You don't really need to
33:35
Speaker 6: sell the house to close the estate. The estate deals
33:37
Speaker 6: with personal property, unless the will said you have to
33:41
Speaker 6: sell the house. In that case, okay, so so you
33:45
Speaker 6: each old an und divided whate half interest. The estate's
33:48
Speaker 6: been closed out, so the titles cleared up. What we
33:52
Speaker 6: do in those situations is you can either he can
33:56
Speaker 6: sign a power of attorney limited power of attorney authorizing
33:59
Speaker 6: you to sign a list, which you can do once
34:05
Speaker 6: you get a sales contract, you're going to have to
34:06
Speaker 6: share it with him. If you've already got a buyer
34:10
Speaker 6: and he agrees with the price, simple matters. We can
34:14
Speaker 6: prepare a deed for him to sign a closing disclosure
34:17
Speaker 6: for him to sign. We convert it to a PDF,
34:21
Speaker 6: send it to him by email. He can download it,
34:25
Speaker 6: take it to a notary in Florida, sign it, put
34:27
Speaker 6: it in the mail overnight, have it back. Bang. It's
34:31
Speaker 6: less than a week. And it's not really a problem.
34:35
Speaker 6: I mean, logistically, lawyers deal with that all the time.
34:41
Speaker 12: Okay, thanks, I may have to calculater.
34:44
Speaker 6: Yeah, call me if you want to call me at
34:45
Speaker 6: the office. Just I'll be glad to shout it out
34:47
Speaker 6: with you and see just where you stand and what
34:50
Speaker 6: we need to do. But it is not really a
34:52
Speaker 6: complicated matter. And the complication comes up when someone may
34:57
Speaker 6: live in another state and pass away owning real estate
35:01
Speaker 6: in West Virginia, then you have to follow a different
35:03
Speaker 6: procedure to clear up the title here. But you've got
35:06
Speaker 6: someone who lived in West Virginia and real estate here, died,
35:10
Speaker 6: had a will, divvy the property equally, you closed the estate.
35:13
Speaker 6: So it's really not going to be a big problem
35:16
Speaker 6: for you, and it's not going to take a lot
35:17
Speaker 6: of time.
35:18
Speaker 5: Okay, thank you.
35:20
Speaker 6: Give me a bus.
35:20
Speaker 4: Appreciate that phone call seven five five fifty five fifty
35:23
Speaker 4: six seven five to five fifty five fifty six threes
35:25
Speaker 4: or a four seven five five fifty five fifty six.
35:26
Speaker 6: That's our phone number and has been for a long time.
35:29
Speaker 6: When I got that number, that was in the old days.
35:31
Speaker 6: We went down to an office on McFarlane Street and
35:35
Speaker 6: you talked to a person who was with the telephone
35:38
Speaker 6: company and said, let me pick out a number on
35:40
Speaker 6: She said, let me give you this one. It's really
35:41
Speaker 6: easy to remember.
35:42
Speaker 5: I remember those days too.
35:43
Speaker 6: It's easy to remember, but it's hard to say five,
35:46
Speaker 6: five six, so many five's in it. But it's been
35:49
Speaker 6: the number for over thirty years, so we're not going
35:51
Speaker 6: to change it.
35:52
Speaker 5: But we.
35:55
Speaker 6: Thirty years ago we moved in this November one last
35:58
Speaker 6: week or two weeks ago, we moved into the new
36:02
Speaker 6: building there in Nitro. It was up the street at
36:05
Speaker 6: twenty six o two First Avenue, and then practice was
36:09
Speaker 6: expanding and I was out of space, needed some more lawyers,
36:13
Speaker 6: so we moved two blocks north into the Putnam County
36:17
Speaker 6: end of Nitro and built this building. And actually one
36:21
Speaker 6: of our employees Melody Matthews from Buffalo, first Lady of
36:26
Speaker 6: Buffalo at one time, her husband Bill was mayor for
36:29
Speaker 6: a while. Her dad was mayor too. Bill Whittington. Today
36:33
Speaker 6: marks her thirtieth anniversary day working with a Peyton Law firm.
36:37
Speaker 6: You don't find a whole lot of places where employees
36:39
Speaker 6: work in one spot for thirty years. That's a good
36:42
Speaker 6: little while. So happy anniversary, melody, congratulating you made it,
36:48
Speaker 6: and listen, working with me is not easy. We have
36:51
Speaker 6: had some turnover because I can be not so much now.
36:54
Speaker 6: I've mellowed out with old age, but I was a
36:58
Speaker 6: perfectionist streak and sometimes that just bubbles up, and even
37:05
Speaker 6: even though it seems like a little thing to someone,
37:08
Speaker 6: it's not a little thing to me. And I've had
37:10
Speaker 6: a bad temper in the past. I've tried to control that.
37:13
Speaker 6: You have to bite your tongue in court to learn
37:16
Speaker 6: from time's just calmed down. There's a lawsuit like I
37:23
Speaker 6: like to say, Look, nobody here has got cancer, nobody's terminal,
37:27
Speaker 6: and we had a time thirty seconds. They're okay. Peyton
37:30
Speaker 6: Law Firm. We're here to help you. If you have
37:32
Speaker 6: an injury or suffered a loss. You think you just
37:35
Speaker 6: need to talk to a lawyer about an issue you're
37:37
Speaker 6: dealing with, go online to Peyton Lawfirm dot com. Send
37:41
Speaker 6: an email only Tom and I see that, then respond
37:44
Speaker 6: to those as properly as we can. You can call
37:46
Speaker 6: three four seven, five five fifty five fifty six to
37:51
Speaker 6: try to return every call every day, but sometimes it's
37:54
Speaker 6: just not possible. We do it as soon as we can,
37:56
Speaker 6: or you can stop by. We see our thirty year
37:59
Speaker 6: old building which still looks essentially new at twenty eight
38:02
Speaker 6: oh one First Avenue and Niker.
38:04
Speaker 5: Very good.
38:04
Speaker 4: We'll see either you or Tom back here next week.
38:06
Speaker 4: Next week, every Thursday at eight twenty for ask the
38:09
Speaker 4: lawyer from the Payton Law Firm. I'm Del Cooper, Dave
38:11
Speaker 4: Allens Up next, you're listening to five ad whs The
38:13
Speaker 4: Boys of Charleston