Latest / WCHS Network Podcasts / 07/03/2025 Ask the Lawyer with Tom Peyton

Transcript

07/03/2025 Ask the Lawyer with Tom Peyton · WCHS Network Podcasts

• 0:00
  Speaker 1: Unlock your dream property with meex Realty Group, where rich
• 0:03
  Speaker 1: the realtor makes real estate dreams a reality, whether it's
• 0:05
  Speaker 1: residential or commercial. We've got Charleston to Huntington covered. Your
• 0:09
  Speaker 1: key to exceptional real estate experience is start here Meeks
• 0:12
  Speaker 1: Realty Group. Contact us at Meeks dot us.
• 0:16
  Speaker 2: The views and opinions expressed on this program do not
• 0:18
  Speaker 2: necessarily reflect the views and opinions of five eight WCCHS
• 0:22
  Speaker 2: it's employees or WVRC Media.
• 0:26
  Speaker 3: Put the power maybe on the side. We have the
• 0:30
  Speaker 3: courtroom experience on such your need. We never give up.
• 0:36
  Speaker 4: We're prepared to.
• 0:37
  Speaker 3: Fight for your rights. When you need action.
• 0:42
  Speaker 4: Count on us.
• 0:45
  Speaker 3: Both the power of pason on your side, the power.
• 0:50
  Speaker 4: Of page and good morning to you. It is eight
• 0:55
  Speaker 4: twenty one here in the capital city, seventy two degrees.
• 0:58
  Speaker 4: I'm Matt Murphy here on the Voice of Charleston five
• 1:00
  Speaker 4: eighty w CCHS. This is asked the lawyer joined in
• 1:04
  Speaker 4: the studio here by Tom Payton of the Peyton Law Firm.
• 1:07
  Speaker 4: You can put the power of Peyton on your side.
• 1:10
  Speaker 4: You can call their office at three zero four seven
• 1:12
  Speaker 4: five five five five five six, or they're also located
• 1:16
  Speaker 4: conveniently first Avenue in Nighter twenty eighth one first avenue
• 1:20
  Speaker 4: there in Nyer, And of course you can visit online
• 1:22
  Speaker 4: at Peyton Lawfirm dot com. That's p E. Y t
• 1:25
  Speaker 4: o n Law Firm dot com. Tom, Good morning, good morning,
• 1:29
  Speaker 4: Glad to be here. Glad you're here. And I feel
• 1:32
  Speaker 4: like there's been a lot of things in the news
• 1:36
  Speaker 4: lately in Washington, even from from both the legislative standpoint
• 1:41
  Speaker 4: as well as with the courts, the Supreme Court.
• 1:43
  Speaker 5: Yeah, it's we kind of knew they were coming to,
• 1:46
  Speaker 5: you know, our Supring Court West Virginia and the US
• 1:49
  Speaker 5: Supreme Court. They take on sendai. I think that's how
• 1:53
  Speaker 5: you pronounce it. But it's just like a break in
• 1:54
  Speaker 5: the summer. Now there's still working they might do. You
• 1:56
  Speaker 5: see a lot of separate opinions come in the West
• 2:00
  Speaker 5: Virnion Supreme Court. You know, the majority opinion that controls
• 2:04
  Speaker 5: was already issued, but you'll see maybe this justice or
• 2:06
  Speaker 5: that justice dissented and you see those orders come through.
• 2:09
  Speaker 5: And then if there's emergency matters they take them up.
• 2:11
  Speaker 5: But generally all the if you have an appeal pending,
• 2:14
  Speaker 5: which I have a couple with the Western Supreme Court
• 2:16
  Speaker 5: of Appeals, and you didn't get your opinion by now,
• 2:20
  Speaker 5: you're probably waiting till the fall.
• 2:21
  Speaker 4: Terms and if it all comes in chunks, right.
• 2:23
  Speaker 5: And then a lot of them get and then at
• 2:25
  Speaker 5: the US Supreme Court level, of course, there's you know,
• 2:28
  Speaker 5: there's cases that can control the law in the entire country,
• 2:32
  Speaker 5: and some of those tend to get built up till
• 2:34
  Speaker 5: the end. And that's what we saw. I mean, we
• 2:37
  Speaker 5: saw five or six important opinions come out last week
• 2:40
  Speaker 5: on the national level. And probably not to get in
• 2:44
  Speaker 5: the weeds too much, but we had the birthright citizenship case.
• 2:47
  Speaker 5: But and the ruling was in favor of I guess
• 2:53
  Speaker 5: the Trump administration's executive order kind of trying to do
• 2:58
  Speaker 5: away with the birthright citizens for certain individuals.
• 3:02
  Speaker 2: But they really didn't rule on that right.
• 3:05
  Speaker 5: And in fact, their ruling was one in which the
• 3:09
  Speaker 5: Biden administration had asked the Supreme Court to take up
• 3:13
  Speaker 5: as well, and so that the issue was so the
• 3:17
  Speaker 5: District court, which is the trial level, the lowest level
• 3:21
  Speaker 5: court in in the federal judiciary, had had ruled that,
• 3:26
  Speaker 5: you know, it can't be deportations because birthright citizenship has
• 3:30
  Speaker 5: been in place for over a century, and this is
• 3:34
  Speaker 5: obviously in violation of the Constitution, so you can't force it.
• 3:38
  Speaker 5: But that was a preliminary ruling, like a preliminary injunction
• 3:41
  Speaker 5: saying you know, that's not the final ruling, but it
• 3:44
  Speaker 5: looks like there'll be harm if this is put in
• 3:47
  Speaker 5: place during this case, and there's a likelihood the opposition
• 3:52
  Speaker 5: will win the argument that this executive order is unconstitutional,
• 3:56
  Speaker 5: so you can't enforce it. Now, let's say, can't remember
• 4:00
  Speaker 5: which court that was out of, but you know, district
• 4:02
  Speaker 5: courts are per state and then per region, So we
• 4:05
  Speaker 5: have the Northern District Court in West Virginia and then
• 4:08
  Speaker 5: the Southern District Court. So if you file a case
• 4:10
  Speaker 5: in federal court in Putnam County, it gets assigned to
• 4:16
  Speaker 5: the Southern District Court and actually the Huntington Division, which
• 4:19
  Speaker 5: right now I believe is just judged chambers.
• 4:23
  Speaker 2: For now.
• 4:24
  Speaker 5: So let's take you know, let's say that case was
• 4:25
  Speaker 5: filed there does chambers rules. As I said, you know,
• 4:29
  Speaker 5: we're going to join the the federal government from enforcing
• 4:32
  Speaker 5: this or stop them from enforcing this executive order deporting
• 4:36
  Speaker 5: folks that were born in the United States and have
• 4:39
  Speaker 5: always been considered citizens by the birthright clause in the Constitution.
• 4:44
  Speaker 2: Well, that applied to the end.
• 4:47
  Speaker 5: That ruling, even though it was in West Virginia, applies
• 4:51
  Speaker 5: throughout the country, right, And so then you might have
• 4:56
  Speaker 5: a court in Texas rule the opposite way. In those
• 4:59
  Speaker 5: two to get up to the Circuit Court and the
• 5:02
  Speaker 5: Supreme Court rather quickly because they were decisions from the
• 5:06
  Speaker 5: district court that actually applies throughout the country. So the
• 5:09
  Speaker 5: issue that the U. S. Supreme Court ruled upon was
• 5:12
  Speaker 5: not the legality of the executive order kind of reversing
• 5:17
  Speaker 5: century or more of law regarding birthright citizenship. It was
• 5:22
  Speaker 5: whether a district court in that scenario, my hypothetical judge
• 5:28
  Speaker 5: Chambers can apply across the entire country, right, And it
• 5:33
  Speaker 5: goes both ways. So like you know, if you can
• 5:36
  Speaker 5: find a plaintiff or an issue that maybe gives you
• 5:42
  Speaker 5: a proper venue and jurisdiction in let's say, any of
• 5:46
  Speaker 5: the districts in the United States, if you're filing the suit,
• 5:49
  Speaker 5: you can pick the one you want to file in.
• 5:51
  Speaker 5: So you know, there's certain district court judges that tend
• 5:56
  Speaker 5: to rule this way, and there's certain district court judges
• 6:00
  Speaker 5: that tend to rule that way, and so you get,
• 6:05
  Speaker 5: you know, a conservative bent plaintiff, Well, they're going to
• 6:08
  Speaker 5: file in one of these districts where they think it's
• 6:12
  Speaker 5: more likely they'll get a favorable ruling, and the same
• 6:14
  Speaker 5: with the opposite side. You get a more liberal leaning plaintiff,
• 6:19
  Speaker 5: they might file in a different jurisdiction. And so but
• 6:23
  Speaker 5: then whatever those rulings are, sometimes, no matter how extreme,
• 6:26
  Speaker 5: at least temporarily, they apply across the entire country. And
• 6:30
  Speaker 5: so the issue in that case was not really birthright citizenship,
• 6:37
  Speaker 5: although it's such a the Trump administration's attempt to do
• 6:42
  Speaker 5: away with it is really far out. I mean, it's
• 6:46
  Speaker 5: a it's a theory that's not really been pushed very
• 6:50
  Speaker 5: far because I think most people think the law is
• 6:52
  Speaker 5: fairly well settled on that and that executive order is wrong,
• 6:56
  Speaker 5: which which it's it's kind of bad facts make bad law.
• 7:00
  Speaker 5: So that this one kind of was a bad one
• 7:02
  Speaker 5: to take up for that issue, I think, because it
• 7:04
  Speaker 5: seems like a fairly obvious result in the end. But
• 7:10
  Speaker 5: what the Supreme Court ruled was that no, you can't.
• 7:13
  Speaker 5: They basically limited that those type of rulings to and
• 7:18
  Speaker 5: I haven't read the whole opinion in detail, but let's
• 7:20
  Speaker 5: say it would apply to the person who filed the case,
• 7:23
  Speaker 5: not everybody across the country, because it was an individual
• 7:25
  Speaker 5: that filed the case.
• 7:26
  Speaker 4: I think they mentioned that the injunctions can't necessarily stop things, right.
• 7:31
  Speaker 5: So it's my hypothetical if person A filed that case
• 7:34
  Speaker 5: here in West Virginia and Judge Chambers rules in their favor,
• 7:39
  Speaker 5: his ruling applies to that person. It's not going to
• 7:42
  Speaker 5: necessarily control or won't the law across the entire country.
• 7:48
  Speaker 5: And actually that's all they ruled, So they did not come.
• 7:52
  Speaker 5: They did not rule on the merits of the executive
• 7:56
  Speaker 5: order reversing birthright citizenship at all. That's still issue that's
• 8:00
  Speaker 5: out there. It still will filter through the court system
• 8:04
  Speaker 5: back to the US Supreme Court probably at some point
• 8:06
  Speaker 5: if they take it up. That might be one where
• 8:08
  Speaker 5: the laws really well settled. They just turn it down
• 8:11
  Speaker 5: when it gets to that point. So really it wasn't
• 8:16
  Speaker 5: and so you take it the Biden administration, you just
• 8:19
  Speaker 5: have the opposite happen, where you get a real conservative judge,
• 8:22
  Speaker 5: maybe from Texas, that rules in a certain way and
• 8:25
  Speaker 5: affects the entire country. So the Biden administration had pushed
• 8:28
  Speaker 5: the US Supreme Court to address.
• 8:30
  Speaker 2: This as well.
• 8:31
  Speaker 5: It just never got there, saying, you know, these stationwide
• 8:34
  Speaker 5: injunctions are need to be limited in scope and somehow,
• 8:38
  Speaker 5: and that's that's what the ruling was.
• 8:39
  Speaker 2: Now.
• 8:41
  Speaker 5: At the same time, kind of seeing it coming, I
• 8:44
  Speaker 5: think there were.
• 8:46
  Speaker 2: At least one, I know, maybe.
• 8:47
  Speaker 5: More class action lawsuits which can still apply to everyone
• 8:54
  Speaker 5: in that class. So if you have, you know, you
• 8:57
  Speaker 5: would argue that birthright citizenship applies to all those similarly
• 9:03
  Speaker 5: situated people that were born here in this particular situation.
• 9:06
  Speaker 5: And so there's still an avenue around that. So it's
• 9:09
  Speaker 5: not as monumental ruling for the ultimate issue as it
• 9:14
  Speaker 5: might be construed. And if you just read the headline
• 9:18
  Speaker 5: of an article, it really just limited the scope of
• 9:22
  Speaker 5: these injunctions. No matter what the issue is.
• 9:26
  Speaker 4: It's really more just the way the courts operate. I'm
• 9:28
  Speaker 4: always fascinated too by how you can be either far
• 9:33
  Speaker 4: left or far right, and you know, there's still kind
• 9:37
  Speaker 4: of a common thing that people are working for there
• 9:40
  Speaker 4: talking about the Trump administration versus the Biden administration, regardless
• 9:44
  Speaker 4: of what side you were on there in some cases,
• 9:46
  Speaker 4: these types of things.
• 9:47
  Speaker 5: Yeah, and you'll see its politics in a way, so
• 9:50
  Speaker 5: you'll see I'm sure. I mean I didn't pay attention,
• 9:53
  Speaker 5: but I'm sure I'm true. Social there was some or
• 9:56
  Speaker 5: by other members of the federal executive touting great victory
• 10:01
  Speaker 5: in that case, but it really was a procedural issue
• 10:05
  Speaker 5: for the most part and won't have much effect on
• 10:08
  Speaker 5: anyone's everyday life or the I guess it could. I
• 10:12
  Speaker 5: mean absent these class actions. Now, it did lift the
• 10:17
  Speaker 5: injunction for everyone who hadn't been a party to a case,
• 10:21
  Speaker 5: who who would have birthright citizenship and might not otherwise.
• 10:24
  Speaker 5: I mean it's subjects to deportation, so that that that
• 10:29
  Speaker 5: is significant. But I think these other cases that were
• 10:32
  Speaker 5: filed either rather quickly or right before the ruling will
• 10:36
  Speaker 5: hopefully fill that fill that gap. So that was one
• 10:39
  Speaker 5: of them. I got a lot of headlines, and then
• 10:41
  Speaker 5: there was there was multiple others. The one I thought
• 10:45
  Speaker 5: could have practical implication that will be interesting to watch
• 10:49
  Speaker 5: in years to come. There was a challenge by parent
• 10:55
  Speaker 5: I believe it was in a in a public school setting,
• 10:58
  Speaker 5: saying that they want to advance notice and the right
• 11:02
  Speaker 5: to opt their child out of instruction days or sessions
• 11:09
  Speaker 5: where what was being taught would be wouldn't comport with
• 11:16
  Speaker 5: their religious beliefs, and that the underlying facts were there
• 11:20
  Speaker 5: might be some content in a school lesson that references
• 11:25
  Speaker 5: l g B, t Q, and the parents say, well,
• 11:29
  Speaker 5: that's I don't want my child to hear any of
• 11:31
  Speaker 5: that because my religious beliefs prohibit discussion about it or
• 11:38
  Speaker 5: and you know, with the and and so then their
• 11:43
  Speaker 5: line cord had I think ruled in favor of the
• 11:45
  Speaker 5: let's say, the school board uspring court reversed that and
• 11:49
  Speaker 5: said that no, you gotta you know, this type instruction
• 11:54
  Speaker 5: would be infringe on their right to participate in the
• 12:00
  Speaker 5: religion of their choosing and violate their freedom of religion.
• 12:03
  Speaker 5: And so that that was the ruling now, and I
• 12:07
  Speaker 5: haven't read that every word of that one, but that
• 12:09
  Speaker 5: we'll see how that plays out in the future, because
• 12:13
  Speaker 5: that's one particular parent's religious beliefs. And now, you know,
• 12:18
  Speaker 5: you can't stick a meter in somebody and say is
• 12:19
  Speaker 5: that do you really have a good faith religious belief
• 12:22
  Speaker 5: or using religion as a pretext just because you don't
• 12:26
  Speaker 5: like a lifestyle or something like that. And then of
• 12:29
  Speaker 5: course we know there's all different types of religion I
• 12:33
  Speaker 5: mean predominantly Christian probably throughout the US, but I mean
• 12:36
  Speaker 5: there are lots of them, and so we'll see how
• 12:40
  Speaker 5: that plays out. I think it's going to be could
• 12:43
  Speaker 5: be a real practical problem for the school system because
• 12:46
  Speaker 5: it involves maybe providing some advanced notice and when you
• 12:51
  Speaker 5: start getting into I mean even just the facts of
• 12:56
  Speaker 5: that case. If you have some homosexual uh person or
• 13:02
  Speaker 5: a character in a in a book or a part
• 13:05
  Speaker 5: of history or something that you have to maybe it's
• 13:07
  Speaker 5: not the focus of the lesson, but it's there. So
• 13:10
  Speaker 5: what do you have to do draw the line? I mean,
• 13:12
  Speaker 5: are you going to have to go through and you know,
• 13:15
  Speaker 5: critique your lesson plan for the entire year and then
• 13:18
  Speaker 5: give And then what if somebody comes up with a
• 13:21
  Speaker 5: different uh, strongly held religious belief that involves something that's
• 13:26
  Speaker 5: much more common in the in the lesson plans, I mean,
• 13:31
  Speaker 5: how do you how do you address that? So we'll
• 13:33
  Speaker 5: see that's one where we might see some fallout and
• 13:36
  Speaker 5: some practical application to our lives in the in the
• 13:40
  Speaker 5: public education system because and I think it's it's one
• 13:45
  Speaker 5: of those rulings that maybe write on paper, I don't know,
• 13:50
  Speaker 5: but when you get into how you apply that in
• 13:52
  Speaker 5: real life, it's going to be interesting to see how
• 13:54
  Speaker 5: that how that gets handled by the public school systems
• 13:58
  Speaker 5: going forward.
• 13:58
  Speaker 4: Well, not to get too are in the rabbit hole there,
• 14:01
  Speaker 4: but my backgrounds in education and over the last decade
• 14:06
  Speaker 4: or so that I obviously not teaching, but to watch
• 14:11
  Speaker 4: the way that various laws have affected the school systems,
• 14:15
  Speaker 4: you know, from a local level to a state level. Nationally,
• 14:18
  Speaker 4: it's it seems like it's getting more and more difficult.
• 14:22
  Speaker 4: It's like teachers and administrators are getting kind of pinned
• 14:25
  Speaker 4: in corners more often.
• 14:27
  Speaker 5: We take West Virginia, you know, just we had a
• 14:31
  Speaker 5: I hope I remember this correctly, but we had a
• 14:33
  Speaker 5: constitutional amendment proposed that would in essence, allow the legislature
• 14:40
  Speaker 5: to sign off on a manner in which the state
• 14:43
  Speaker 5: board of Education operates the school system and improve their
• 14:46
  Speaker 5: rules and regulations. The idea we have a provision in
• 14:51
  Speaker 5: our Western New Constitution that kind of I think puts
• 14:55
  Speaker 5: out on the state Board of Education versus a political
• 14:57
  Speaker 5: body like the legislature, And so that constitutional amendment to
• 15:02
  Speaker 5: allow the legislature to uh be oversee the rules of
• 15:08
  Speaker 5: the State Board of Education ultimately failed at the polse,
• 15:12
  Speaker 5: but uh, no worries because the legislature knows better than everyone.
• 15:17
  Speaker 5: So this past session they pass a bill that that
• 15:20
  Speaker 5: attempts to give the legislature that same control that the
• 15:24
  Speaker 5: voters voted down I think two or three years ago.
• 15:27
  Speaker 5: And so now that's a good example of what you
• 15:30
  Speaker 5: were saying where you're you know, they're going to The
• 15:33
  Speaker 5: idea or the concept was that you know, the State
• 15:36
  Speaker 5: Board of Education to extend possible be a political it
• 15:39
  Speaker 5: wouldn't be a political body where you have all these
• 15:41
  Speaker 5: influences and elections and things like that. Now the legislature
• 15:45
  Speaker 5: is going to try and step in and really I
• 15:48
  Speaker 5: guess dictate probably or you know, modify rules that the
• 15:54
  Speaker 5: State Board of Education. And I assume and the idea
• 15:57
  Speaker 5: is that you know, folks that are on the State
• 16:00
  Speaker 5: Board of Education executive director, they are trained and and
• 16:06
  Speaker 5: uh probably participate in a lot of interstate education and
• 16:12
  Speaker 5: training about universal things that need to be taught in
• 16:15
  Speaker 5: public schools for kids to be educated and successful. And
• 16:21
  Speaker 5: and now we're going to have politics stuck into that.
• 16:24
  Speaker 5: And so we'll see how that that plays out.
• 16:27
  Speaker 2: But yes, that's uh.
• 16:28
  Speaker 5: And then now we have this ruling by the US
• 16:31
  Speaker 5: Supreme Court and the school board is gonna have to
• 16:34
  Speaker 5: pass some uh, some rules that that put it in place,
• 16:37
  Speaker 5: because it's just unconstitutional to not give a parent now
• 16:42
  Speaker 5: uh notice and an opportunity to I think they can
• 16:48
  Speaker 5: they can opt out of that school day basically if
• 16:50
  Speaker 5: they say that, you know, this lesson plan is going
• 16:52
  Speaker 5: to infringe on my right to freedom of religion.
• 16:56
  Speaker 4: I have to think when I was a kid, if
• 16:58
  Speaker 4: that had been possible, I would have found something to
• 17:02
  Speaker 4: be offended by.
• 17:04
  Speaker 5: Hey, mom, Yeah, you know, it's just one of those
• 17:06
  Speaker 5: practical things that and maybe this is lawyer skepticism coming through,
• 17:10
  Speaker 5: but you know you have well, yeah, let's let's assume
• 17:13
  Speaker 5: that in the US Supreme Court case it was a
• 17:16
  Speaker 5: sincere religious belief by the parent. But if you've been
• 17:21
  Speaker 5: in reality your life and dealt with the practicality, you
• 17:24
  Speaker 5: know that.
• 17:24
  Speaker 2: People will, you know, create.
• 17:31
  Speaker 5: Religious issues that they don't really have in order to
• 17:34
  Speaker 5: maybe have a child in a school that day or
• 17:36
  Speaker 5: be pulled out of a lesson plan they don't like,
• 17:38
  Speaker 5: and just creat But there's no it's very difficult to
• 17:44
  Speaker 5: prove that that's not a sincere, sincerely held religious belief.
• 17:48
  Speaker 5: I mean, how do you prove that. I mean you could,
• 17:50
  Speaker 5: you could do depositions and testimony and have an arbiter
• 17:53
  Speaker 5: decide whether it's it's a true religious belief or not.
• 17:56
  Speaker 2: But that's that.
• 17:57
  Speaker 5: We don't have the ability to process those type issues
• 18:01
  Speaker 5: in any meaningful fashions. So we'll see how it how
• 18:05
  Speaker 5: it falls out. But uh yeah, those are some interesting
• 18:07
  Speaker 5: things on the national level. Locally, the thing that's been
• 18:13
  Speaker 5: in the news, probably interestingly is there were two local
• 18:17
  Speaker 5: circuit court judges that were admonished by the Judicial Investigation Commission.
• 18:24
  Speaker 5: I don't know if anyone you have to file a
• 18:27
  Speaker 5: complaint to get it started, but I thought I read
• 18:30
  Speaker 5: were maybe just maybe a person member of the Commission,
• 18:34
  Speaker 5: or another member of the judiciary, or a state Supreme
• 18:37
  Speaker 5: Court employee. Somebody saw Judge Akers, for example here in
• 18:42
  Speaker 5: Kana County, she had I think the other judge was
• 18:46
  Speaker 5: Judge Sweeney. He had he had hailed a high ranking
• 18:50
  Speaker 5: member of the Department Health Human res or Department Human
• 18:52
  Speaker 5: Resources over uh child protective services to come to the
• 18:57
  Speaker 5: county he's in, and it never happened. It was an
• 19:01
  Speaker 5: order that was issued and then kind of held in
• 19:03
  Speaker 5: abeyance so it didn't didn't happen. And then Judge Acres,
• 19:06
  Speaker 5: if you you might remember, there were there were it
• 19:10
  Speaker 5: was some evidence apparently that children that were removed from
• 19:15
  Speaker 5: a home were being kept four h camp and maybe
• 19:18
  Speaker 5: in offices or hotel rooms.
• 19:20
  Speaker 2: We know some of that.
• 19:20
  Speaker 5: I mean, it definitely went on and so and then unfortunately,
• 19:24
  Speaker 5: one of the children apparently made a suicide attempt while
• 19:28
  Speaker 5: while being housed at the for H facility. And so
• 19:33
  Speaker 5: Judge Acres essentially held in the executives from the CPS
• 19:38
  Speaker 5: office UH to address those concerns, and.
• 19:41
  Speaker 2: She did it in a very public way. I watched
• 19:44
  Speaker 2: some of that. It was live.
• 19:45
  Speaker 5: Stream, and the public were at least certain members of
• 19:49
  Speaker 5: the public were allowed in the courtroom during this hearing.
• 19:52
  Speaker 5: And it you know, I actually I don't know the
• 19:54
  Speaker 5: case number on it. But so child protective service cases
• 19:58
  Speaker 5: or abuse neglect cases are comp their private right and
• 20:01
  Speaker 5: you can't just go in and watch them. You have
• 20:04
  Speaker 5: to be an interested party. And then it's very limited
• 20:06
  Speaker 5: on who can come in the courtroom. So she held
• 20:09
  Speaker 5: this hearing and was really careful not to identify the
• 20:13
  Speaker 5: children involved, and it was sort of more of a
• 20:15
  Speaker 5: policy hearing versus you know, what's happening. It was not
• 20:20
  Speaker 5: on what's happening on those particular cases as far as
• 20:23
  Speaker 5: where that child is, where they're being placed now, but
• 20:24
  Speaker 5: it was like, why does this happen at all? And
• 20:29
  Speaker 5: how are we addressing it? Generally? Are their children being
• 20:32
  Speaker 5: housed here, here, and here? Yes?
• 20:34
  Speaker 2: Well why is that?
• 20:34
  Speaker 5: And then I think she appointed essentially a monitor of
• 20:38
  Speaker 5: the system, a lawyer I believe, to help monitor that.
• 20:43
  Speaker 5: And that was a very public hearing. It didn't it
• 20:49
  Speaker 5: didn't violate the child abuse and neglect confidentiality rules as
• 20:52
  Speaker 5: I understand it, because it didn't it wasn't really a
• 20:54
  Speaker 5: particular case and didn't identify the particular children. But then
• 20:59
  Speaker 5: she came on Think on this station and did an
• 21:03
  Speaker 5: interview and began it with a what I'll call it disclaimer.
• 21:06
  Speaker 5: You know, I can't talk about particular case and certain
• 21:08
  Speaker 5: things I can't say, so if you asked me certain things,
• 21:12
  Speaker 5: I'm just gonna have to tell you that I can't answer.
• 21:14
  Speaker 5: But she talked about her experience as a prosecutor and
• 21:17
  Speaker 5: trying to get some awareness out there about the situation
• 21:21
  Speaker 5: because I've talked about it on this show. It's been
• 21:24
  Speaker 5: problem for a decade, sure, probably more with our foster
• 21:28
  Speaker 5: care system and just really with the I think it's
• 21:32
  Speaker 5: gotten worse with the drug pandemic and opulate abuse. You
• 21:36
  Speaker 5: just have a lot of I'd say that's probably the
• 21:39
  Speaker 5: source of a ninety percent of the abuse and neglect
• 21:42
  Speaker 5: cases that are filed. But recently then apparently someone filed
• 21:46
  Speaker 5: a complaint under the judicial rules, and then she was
• 21:50
  Speaker 5: issued in what they called admonishment, which is basically what
• 21:56
  Speaker 5: you think of as a slap on the wrist of
• 21:57
  Speaker 5: even that it shouldn't have done this. There was actually
• 22:02
  Speaker 5: some language and that kind of softened it, like you know,
• 22:05
  Speaker 5: they understood that it was for the public good, good intentions,
• 22:09
  Speaker 5: but primarily saying a judge, well a cases pending can't
• 22:16
  Speaker 5: talk about it at all in the media even generally,
• 22:21
  Speaker 5: and and ad monistor. Now she I think I saw
• 22:27
  Speaker 5: on your website today or maybe yesterday that she's that's
• 22:32
  Speaker 5: that's the initial ruling.
• 22:33
  Speaker 2: You can appeal that. So she has filed an objection
• 22:36
  Speaker 2: to that.
• 22:36
  Speaker 5: So that one's going to continue on and we'll see
• 22:39
  Speaker 5: where it plays out. It seems now I don't know.
• 22:44
  Speaker 5: It could be a technical violence. I mean, there's got
• 22:46
  Speaker 5: to be some gray area there and what a judge
• 22:48
  Speaker 5: can or can't do. And it's frustrating, I think for
• 22:50
  Speaker 5: the judiciary and not to speak for them, but you know,
• 22:54
  Speaker 5: when they're getting personally attacked because of rulings are called
• 22:59
  Speaker 5: lunatic or whatever.
• 23:04
  Speaker 2: You know.
• 23:05
  Speaker 5: This this admonishment basically says you really can't say anything
• 23:10
  Speaker 5: if it has any connection to any current pending matter.
• 23:14
  Speaker 5: And I think that's where Judge Acres has taken issue.
• 23:17
  Speaker 5: So she's she's objected to that, and will we'll appeel
• 23:20
  Speaker 5: that and we'll see where that that one comes out.
• 23:22
  Speaker 5: It's you know, I think certainly talking about why you
• 23:29
  Speaker 5: are ruling a certain way or aspects of a current
• 23:33
  Speaker 5: pending matter and litigazation is problematic. What she did was
• 23:40
  Speaker 5: I didn't view it as that. I thought it was
• 23:42
  Speaker 5: more of a general kind of conceptual discussion where she
• 23:48
  Speaker 5: didn't breach the rules of professional conduct or the judicial
• 23:53
  Speaker 5: canons that govern judges. But the j I C felt
• 23:57
  Speaker 5: otherwise a monister. So she's she's found objection to that,
• 24:01
  Speaker 5: will go up to another panel who will decide it
• 24:04
  Speaker 5: again and we'll see where that one comes out.
• 24:07
  Speaker 4: It does kind of raise the question as to whether
• 24:09
  Speaker 4: or not judges should be able to criticize an overall
• 24:14
  Speaker 4: system within the judicial process without I mean, obviously, as
• 24:20
  Speaker 4: you mentioned, you can't talk about it a specific case.
• 24:23
  Speaker 4: But it is it just an issue of the timing
• 24:27
  Speaker 4: because there's cases are ongoing, or is it one of
• 24:30
  Speaker 4: those things where you know you really at any point
• 24:34
  Speaker 4: aren't allowed to Uh.
• 24:36
  Speaker 5: Yeah, it's certainly it's much more sensitive. And I think
• 24:39
  Speaker 5: what Judge Baker said was, you know, she's not really
• 24:41
  Speaker 5: saying anything on her interview that isn't I mean, a
• 24:44
  Speaker 5: judge generally speaks from the bench sally obviously they rule,
• 24:47
  Speaker 5: but then ultimately they're their rulings are set forth in
• 24:50
  Speaker 5: what it's called orders, written documents that say what their
• 24:52
  Speaker 5: ruling is and generally provide reading. And so I think
• 24:57
  Speaker 5: she was saying, I'm not saying anything in this interview
• 24:59
  Speaker 5: that's not already and said by.
• 25:01
  Speaker 2: Her front of the bench or in her orders.
• 25:04
  Speaker 5: So no real problem, you know, a ruling or issues decided,
• 25:10
  Speaker 5: it's done. I don't know that there's anything wrong, you know,
• 25:15
  Speaker 5: years later talking about, well, here's this ruling and having
• 25:17
  Speaker 5: some discussion about it from the judiciary. Certainly, it would
• 25:22
  Speaker 5: be frustrating to be getting beat up in the media
• 25:26
  Speaker 5: about your ruling, especially if it's personal type attacks, and
• 25:30
  Speaker 5: not be able to then respond and then generally there's
• 25:35
  Speaker 5: not a response. We've seen a little bit from the
• 25:39
  Speaker 5: US Spring Court Chief Justice Roberts and he put a
• 25:41
  Speaker 5: statement or two out which is rare about you know,
• 25:44
  Speaker 5: basically the rule of law and the proper way in
• 25:47
  Speaker 5: which to handle rulings you do not agree with, which
• 25:51
  Speaker 5: criticism of them is perfectly fine, but really personally attacking
• 25:56
  Speaker 5: a judge for their family is not proper, and it
• 26:02
  Speaker 5: and it but it erodes the public's confidence or can
• 26:07
  Speaker 5: in the rule of law, which is if we don't
• 26:10
  Speaker 5: have that, where our society is going to fall apart here.
• 26:13
  Speaker 5: So which is a difficult concept to you just kind
• 26:17
  Speaker 5: of need reminded of that. And I've used this example
• 26:20
  Speaker 5: on our show before, But I mean the rule of
• 26:23
  Speaker 5: law also it can create harsh and unfair and mean
• 26:26
  Speaker 5: and bad results. Practically mean, you can have a person
• 26:30
  Speaker 5: who committed murder or homicide at least you know, the
• 26:36
  Speaker 5: case can be dismissed if there are violations of their
• 26:41
  Speaker 5: constitutional rights depending on what it is. But that's the
• 26:44
  Speaker 5: that's the balance we accept to make sure that everybody's
• 26:47
  Speaker 5: rights are protected, and you're hearing a lot of that
• 26:50
  Speaker 5: due process in relation to these deportations, and due process
• 26:54
  Speaker 5: is a very relative term. It doesn't mean you get
• 26:57
  Speaker 5: a jury trial or even a full well we think
• 27:00
  Speaker 5: of as a trial or hearing it all. But you
• 27:03
  Speaker 5: even at its minimal aspects, you get notice of what
• 27:07
  Speaker 5: you're accused of doing that is going to result in
• 27:10
  Speaker 5: you being deported and at least some opportunity to be heard.
• 27:13
  Speaker 5: And they could have the wrong person, they could have
• 27:15
  Speaker 5: There's all kinds of things that technically could be a
• 27:19
  Speaker 5: problem with the deportation that can't be faded out if
• 27:23
  Speaker 5: somebody doesn't get at least minimal due process, even if
• 27:27
  Speaker 5: they turn out to be a member of the most
• 27:31
  Speaker 5: heinous gang in the United States, which is hard to swallow.
• 27:35
  Speaker 5: You know, it's like, well, why should they get that right?
• 27:37
  Speaker 5: But that it has to apply universally for it to work,
• 27:43
  Speaker 5: and so that's that's a that's a difficult concept sometimes
• 27:47
  Speaker 5: to difficult pill to swallow. When the Constitution helps a
• 27:52
  Speaker 5: horrible person, sure and can come out with results that
• 27:55
  Speaker 5: seem unjust, but that's that's the way it works. So yeah,
• 28:01
  Speaker 5: so that's kind of the local level. We on our
• 28:05
  Speaker 5: level Peyton Law Firm, you know, just to fill in
• 28:10
  Speaker 5: the gaps if folks don't listen regularly. You know, we
• 28:12
  Speaker 5: do a lot of civil litigation, a lot of automobile accidents, injuries,
• 28:17
  Speaker 5: fighting insurance companies, and that's kind of our bread and butter.
• 28:21
  Speaker 5: I'll tell you though, just another PSA and we kind
• 28:24
  Speaker 5: of pound this drum a lot and maybe too much.
• 28:27
  Speaker 5: But I'd say over the last month talking about a
• 28:30
  Speaker 5: state planning, doing wills and power of attorneys and things.
• 28:35
  Speaker 5: In the last month, I've probably addressed either taking cases
• 28:39
  Speaker 5: or addressed issues with folks that have called or emailed
• 28:42
  Speaker 5: about controversies with US states. And ninety percent of those
• 28:47
  Speaker 5: are folks that attempt to draft their own wills or
• 28:51
  Speaker 5: use forms. And I call it the problem is that
• 28:56
  Speaker 5: they those forms have the blanks on there that when
• 29:00
  Speaker 5: the right people sign them, and maybe it's notorized they
• 29:03
  Speaker 5: are wills. Meaning a lot of times I see those
• 29:06
  Speaker 5: I thought, well, I wish they would have done this wrong,
• 29:08
  Speaker 5: because you guys would be a lot better off if
• 29:09
  Speaker 5: they didn't have a will at all, it doesn't go
• 29:11
  Speaker 5: to the state, it would go to the family members.
• 29:14
  Speaker 5: But if you don't have proper counsel and all those
• 29:17
  Speaker 5: form based entities, I think they dearly will all have disclaimers.
• 29:23
  Speaker 5: They're not giving legal advice. Here's just information, and you
• 29:26
  Speaker 5: don't have a lawyer to consult with. And they're almost
• 29:29
  Speaker 5: universally nationally based, So I see a lot of them
• 29:32
  Speaker 5: that have all this language that has no application to
• 29:35
  Speaker 5: West Virginia law. People aren't counseled properly. And then these
• 29:40
  Speaker 5: wills are submitted, which they have to be. If you
• 29:43
  Speaker 5: have somebody's original will and they've passed away, you have
• 29:46
  Speaker 5: a duty to turn it in if you know whether
• 29:48
  Speaker 5: it doesn't mean you have to probate it, but you
• 29:50
  Speaker 5: have to turn it into the County Commission or the
• 29:52
  Speaker 5: Fiduciary Supervisor's Office, which is essentially the probate office in
• 29:56
  Speaker 5: West Virginia, and then it will be the will, and
• 29:59
  Speaker 5: then you got to deal with the language and how
• 30:02
  Speaker 5: in the person who drafted it or used the form
• 30:06
  Speaker 5: in their mind, they know what they want to do,
• 30:09
  Speaker 5: but they don't have a lot of times the training
• 30:11
  Speaker 5: to understand how the language they're using in this document
• 30:16
  Speaker 5: is going to apply in practicality. So I really strongly encourage.
• 30:21
  Speaker 5: But we have a very simple process. I think we
• 30:23
  Speaker 5: have a very reasonable fee for a state planning. You
• 30:27
  Speaker 5: come and meet with me or Dad, usually in person.
• 30:30
  Speaker 5: We can do it by phone if there's mobility problems.
• 30:33
  Speaker 5: But half hour to an hour meeting normally, and then
• 30:38
  Speaker 5: we scheduled to come back usually about a month out.
• 30:40
  Speaker 5: We have all the documents ready to takes another half
• 30:42
  Speaker 5: hour an hour, maybe we supply all the witnesses that
• 30:45
  Speaker 5: you don't need to bring documents. You don't need to
• 30:48
  Speaker 5: have a whole lot of information. You just have to
• 30:51
  Speaker 5: have an idea of what you want to have happen
• 30:54
  Speaker 5: with your things, whether it's a table chair, car land,
• 30:59
  Speaker 5: interesting lane, and we don't need an itemization of all
• 31:02
  Speaker 5: those things. You don't have to make a list generally,
• 31:04
  Speaker 5: and we have usually that consultation is here's generally what
• 31:09
  Speaker 5: we want to do, and then I give them some
• 31:11
  Speaker 5: ideas about how we can accomplish that. And we make
• 31:13
  Speaker 5: sure that the language used in the will is something
• 31:16
  Speaker 5: that when you pass away your family members can apply
• 31:21
  Speaker 5: clearly normally, And so there's not arguments or fights or
• 31:27
  Speaker 5: I mean, you start talking about land. The language of
• 31:30
  Speaker 5: a will is operates kind of like a deed, and
• 31:33
  Speaker 5: if it's not worded correctly, if everybody involved doesn't agree,
• 31:37
  Speaker 5: you're going up sending your whole family to court.
• 31:39
  Speaker 2: You got to take a break.
• 31:40
  Speaker 4: Yeah, I need to take a break. I was going
• 31:42
  Speaker 4: to say before we go here. Basically a couple hours
• 31:44
  Speaker 4: worth of your time, you've get all that peace of mind,
• 31:46
  Speaker 4: which is incredibly important.
• 31:48
  Speaker 5: Yeah, and you know, talking about what it would cost,
• 31:51
  Speaker 5: you know, probably if it's very simple husband and wife,
• 31:54
  Speaker 5: you might spend, depending on what you want done, thween
• 31:57
  Speaker 5: five hundred and one thousand dollars by the.
• 31:58
  Speaker 2: Time you're done.
• 31:59
  Speaker 5: And I don't know what these form places are charging,
• 32:02
  Speaker 5: probably at least a couple hundred dollars. So if you
• 32:04
  Speaker 5: can spend the time to do that, you really ought
• 32:07
  Speaker 5: to think about getting your state planned done by a
• 32:09
  Speaker 5: lawyer so that it's it's worth the events, yes, and
• 32:12
  Speaker 5: doesn't throw your family into litigation later.
• 32:14
  Speaker 4: Yeah, we'll take a break and we'll be right back.
• 32:16
  Speaker 4: You're listening to ask the lawyer here on the Voice
• 32:18
  Speaker 4: of Charleston five ADWCHS.
• 32:21
  Speaker 6: They say roads are made for journeys, not destinations, and
• 32:24
  Speaker 6: now that I'm retired, I make a point to journey
• 32:27
  Speaker 6: as much as I can. But when night driving became
• 32:29
  Speaker 6: a challenge, my son and I decided it was time
• 32:32
  Speaker 6: for a doctor's visit to insure my safety behind the wheel.
• 32:35
  Speaker 6: I was worried, but instead of restrictions, we discuss solutions
• 32:39
  Speaker 6: to make sure I can continue on my journeys.
• 32:41
  Speaker 4: Aging can alter how we drive.
• 32:43
  Speaker 1: Take charge of your safety and independence by evaluating your
• 32:45
  Speaker 1: driving skills regularly.
• 32:46
  Speaker 5: Learn more at staysafewv dot com.
• 32:48
  Speaker 1: This message is brought to you by the West Virginia
• 32:50
  Speaker 1: Governor's Iway Safety Program.
• 32:52
  Speaker 7: The Starbucks Summer Very Refresher is officially back. Bold notes
• 32:55
  Speaker 7: of raspberry, blueberry, and BlackBerry shaken with ice and coort
• 32:59
  Speaker 7: over raspberry favored pearls. Try it with lemonade or coconut milk.
• 33:02
  Speaker 7: Available for a limited time. Your Summer Very Refresher is
• 33:05
  Speaker 7: ready at Starbucks.
• 33:07
  Speaker 4: I love this song. I love nachos, loving everything.
• 33:11
  Speaker 2: You might be buzzed.
• 33:12
  Speaker 4: You know what, I'd love a ride when it's time
• 33:14
  Speaker 4: to head out. If you see a buzz moarning sign,
• 33:16
  Speaker 4: call for a ride. When it's time to go home.
• 33:18
  Speaker 2: Buzz driving is drunk driving. A message from NITZA and
• 33:20
  Speaker 2: the ad Council.
• 33:22
  Speaker 3: Put the power of Peyton on the side. We have
• 33:27
  Speaker 3: the court room experience. Such your need, we never give up.
• 33:33
  Speaker 3: You're prepared to fight for your rides. When you need action,
• 33:38
  Speaker 3: count on us. Put the power of Page on your side.
• 33:46
  Speaker 4: The power of Page, and you're listening to ask the law.
• 33:50
  Speaker 4: You're on five eighty w se Chess. Good morning. I'm
• 33:53
  Speaker 4: Matt Murphy and studio with Tom Peyton from the Peyton
• 33:56
  Speaker 4: Law Firm. I've got a call here. Good morning, you're
• 33:59
  Speaker 4: on the air.
• 34:00
  Speaker 8: Good morning, This is Jennifer. I want to give a
• 34:05
  Speaker 8: real life story related to what Tom was just talking about.
• 34:09
  Speaker 8: I'll make it brief. My mother died and it was
• 34:13
  Speaker 8: a complicated thing all the way around for two people
• 34:16
  Speaker 8: who really didn't have much than the more than the
• 34:18
  Speaker 8: home they owned. She had dementia, so she reached a
• 34:25
  Speaker 8: point where she was not capable of the pointing the
• 34:28
  Speaker 8: power of attorney, so she did not have a power
• 34:30
  Speaker 8: of attorney. That led to all kinds of issues and
• 34:33
  Speaker 8: I had to come to Tom to help me with
• 34:36
  Speaker 8: that before before I got all that straightened out. It
• 34:41
  Speaker 8: had cost in legal fees, not with Tom but with
• 34:46
  Speaker 8: another attorney who was handling things, all those five thousand
• 34:50
  Speaker 8: dollars just to get myself to a point where I
• 34:53
  Speaker 8: could handle her affairs for her. My dad died before
• 34:57
  Speaker 8: she did, so everything was up because nobody had the
• 35:02
  Speaker 8: authority to sign documents for my mother, including the continuation
• 35:08
  Speaker 8: of his retirement, his health insurance, claiming, the life insurance
• 35:11
  Speaker 8: and all of that. But the other thing I wanted
• 35:14
  Speaker 8: to mention is that in the will, which was a
• 35:17
  Speaker 8: joint will, which I understand people don't do that anymore
• 35:21
  Speaker 8: because it leads to problems. But it was a joint
• 35:24
  Speaker 8: will that had been done decades ago, and all three
• 35:28
  Speaker 8: of the children were named beneficiaries of everything. Well, my
• 35:32
  Speaker 8: brother predeceased them and the will was never modified. So
• 35:38
  Speaker 8: I thought in my mind, because I don't have any
• 35:41
  Speaker 8: legal knowledge either, that my brother's children would inherit his
• 35:45
  Speaker 8: third Well, but I go to the courthouse and this
• 35:49
  Speaker 8: is in Greenberg County, to get things started. The fiduciary
• 35:55
  Speaker 8: clerk said, oh, so you and your sister inher and everything,
• 35:58
  Speaker 8: And I said, well, what about my other children? And
• 36:00
  Speaker 8: she said, oh, no, because it's said some furbage that
• 36:05
  Speaker 8: was in the will, last man standing type thing. She said, no, no,
• 36:12
  Speaker 8: he's out of it now because he predeceees them. Well,
• 36:15
  Speaker 8: I took her word for it, and I even came home.
• 36:18
  Speaker 8: It bought me a lot. So I came home and
• 36:21
  Speaker 8: googled it. Well, Google supported what she said. We go
• 36:27
  Speaker 8: all the way through the process up to the point
• 36:29
  Speaker 8: where they're ready to sell the will, and the attorney
• 36:32
  Speaker 8: who was handling the probate called in one at my
• 36:35
  Speaker 8: brother's address so she could send him arms to sign.
• 36:39
  Speaker 8: And I said, he's deceased, and I understand he doesn't
• 36:41
  Speaker 8: get anything. And she said, no, that's not true. Not
• 36:44
  Speaker 8: in West Virginia. There is West Virginia case law that
• 36:49
  Speaker 8: is different, makes it different. It costs such a rift
• 36:53
  Speaker 8: in our family that we have yet to recover from
• 36:56
  Speaker 8: it because my brother did end up getting it, but
• 36:59
  Speaker 8: that was after my sister thought that she had this
• 37:02
  Speaker 8: much money coming and we had to redivide things and
• 37:08
  Speaker 8: it caused lots of problems. Yeah, So I just really,
• 37:13
  Speaker 8: I just really encourage everybody. It doesn't matter whether you
• 37:16
  Speaker 8: don't have the two Nichols to rub together, you should
• 37:19
  Speaker 8: have an attorney help you with your will.
• 37:24
  Speaker 5: Sage advice there, Jennifer, thanks for the call. Yeah, so
• 37:27
  Speaker 5: joint will is just we do a lot of what
• 37:30
  Speaker 5: are basically mirror image will's. Husbands and wives normally will
• 37:34
  Speaker 5: we'll have the same estate plan, but they each other
• 37:36
  Speaker 5: in will a joint will, which we don't. I haven't
• 37:39
  Speaker 5: drafted one in twenty years. I probably wouldn't if somebody
• 37:42
  Speaker 5: even demanded it is where you do a will, and
• 37:46
  Speaker 5: they're reciprocal, so you sign kind of the same will
• 37:51
  Speaker 5: or two different documents, but they say they're reliant upon
• 37:53
  Speaker 5: each other. So if person A passes away young, the
• 37:58
  Speaker 5: other person then can no longer change their will potentially
• 38:03
  Speaker 5: forever because they had a joint agreement with their spouse
• 38:07
  Speaker 5: that it would never be changed. That's seems good in concept,
• 38:10
  Speaker 5: but in realities of life and the way things change,
• 38:13
  Speaker 5: and it just is too static and create and create
• 38:16
  Speaker 5: a mess later and then be careful playing Google lawyer too.
• 38:21
  Speaker 5: That's sometimes they usually has some truth to it, but
• 38:24
  Speaker 5: the devil's in the details.
• 38:25
  Speaker 4: And that's sage advice from you, Cality.
• 38:27
  Speaker 5: If anybody out there has called me ask questions, I
• 38:29
  Speaker 5: get I do a lot of quizzing, you know, asking questions,
• 38:32
  Speaker 5: and because I know what I need to know and
• 38:34
  Speaker 5: folks details.
• 38:34
  Speaker 4: And that's sage advice for you, cality.
• 38:37
  Speaker 5: If anybody out there has called me us questions, I get.
• 38:39
  Speaker 5: I do a lot of quizzing, you know, asking questions,
• 38:41
  Speaker 5: and because I know what I need to know, and
• 38:43
  Speaker 5: folks don't, they want to tell me what they want
• 38:45
  Speaker 5: me to hear.
• 38:45
  Speaker 2: So it is.
• 38:46
  Speaker 5: It is a little annoying, maybe if I'm prying a lot,
• 38:49
  Speaker 5: but it's it's all to make sure that we get
• 38:51
  Speaker 5: the plan, taking care of the way that you want it,
• 38:54
  Speaker 5: make it easy and power of attorneys get you got
• 38:56
  Speaker 5: to get them done before you become a capacity. It's
• 38:59
  Speaker 5: too late at that, so we can do all that
• 39:01
  Speaker 5: for you.
• 39:02
  Speaker 4: W C H s A N W two four three
• 39:04
  Speaker 4: d r FN Charleston at W two A three a
• 39:06
  Speaker 4: Q Cross Lanes, a w v r C media station.
• 39:10
  Speaker 4: We're proud to live here too.