Latest / Ask the Lawyer / 05/15/2025 Ask the Lawyer with Tom Peyton

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05/15/2025 Ask the Lawyer with Tom Peyton · Ask the Lawyer

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Speaker 4: this morning, give us a All threes are A four
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Speaker 4: three four five fifty eight fifty eight. Threes are A
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Speaker 4: four three four five fifty eight fifty eight. For Tom
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Speaker 4: Paython from the Paython Law Firm. Tom is here this
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Speaker 4: morning with us. You can find more information online. It's
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Speaker 4: Peyton Lawfirm dot com. Peyton Lawfirm dot com online is
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Speaker 4: where you can find more information in Nitrol West Virginia.
1:15
Speaker 4: Will give you more of that information as we go
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Speaker 4: along here today. But Tom Payton is in studio with
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Speaker 4: us this morning. Tom, Good morning. How you doing this morning?
1:20
Speaker 5: I'm doing great?
1:21
Speaker 2: How are you, Dale Man?
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Speaker 4: I'm doing okay. Can't can't complain about too much at
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Speaker 4: all things. It's a nice morning this morning, getting ready
1:26
Speaker 4: for kind of a stormy day tomorrow, I think, but
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Speaker 4: hopefully not.
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Speaker 2: Yeah, it'd be nice of it.
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Speaker 6: Kick off fingers Cross because we got the big you know,
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Speaker 6: I'm the president over at the Dumont Tracking on ay Ymcday,
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Speaker 6: the one in Scott Deepoly. We have one big fundraiser
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Speaker 6: year and it's the golf tournament. It's sept for tomorrow,
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Speaker 6: all day long. Than a concert, well, a party with
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Speaker 6: a live band on the patio tomorrow evening. I think
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Speaker 6: we do have a couple of we we've almost maxed out.
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Speaker 6: We got anybody gets an ankling and wants to golf
1:54
Speaker 6: and the scrambles. We have a morning flight at eight fifteen,
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Speaker 6: an afternoon flight at one fifteen. I think we still
1:59
Speaker 6: have maybe three or four slots left. If you get
2:01
Speaker 6: a group before and want to play, just contact, just
2:04
Speaker 6: called a why let's see, I got this number of
2:06
Speaker 6: member's three or four seven, five, seven zero zero one six,
2:10
Speaker 6: and any of the staff there can probably take the information,
2:14
Speaker 6: so you'll get registered. And it's a great it's a
2:17
Speaker 6: great time. If we get a little rain or a thunderstorm,
2:20
Speaker 6: I think we just have a delay and then carry
2:22
Speaker 6: on after that. But yeah, I got a nice lunch
2:25
Speaker 6: presented by Jimmy John's, and then Sleepy Hollow is providing
2:29
Speaker 6: the food and for the evening, which should be really good.
2:31
Speaker 6: And then we have with the Lost Cause Band, which
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Speaker 6: is a local band, but it's a full set like
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Speaker 6: drum set and everything, and they play kind of popular
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Speaker 6: seventy eighties nineties songs and it's out on the Sleepy
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Speaker 6: Hollow patio, which is a great venue. And most importantly
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Speaker 6: it helps the why and what we use that money
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Speaker 6: for is to fund our scholarship. We call it a
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Speaker 6: scholarship program, but it's you know, we we have a
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Speaker 6: policy that you know, no child's left behind as far
3:02
Speaker 6: as our programs. You know, we got soccer, we've got swimming,
3:07
Speaker 6: we've got basketball, uh flag football, camp High Tour in
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Speaker 6: the summer, which is a really great summer camp.
3:15
Speaker 5: We have a newly.
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Speaker 6: Renovated pool and and and some other renovations out there
3:20
Speaker 6: to make it nice. It's in some it's on some
3:22
Speaker 6: acreage a little bit out of the way, so you
3:24
Speaker 6: get the kids out in the country a bit and
3:26
Speaker 6: doing summer camp type activities. But if if there's a
3:30
Speaker 6: situation where a child's family can't afford any of those activities,
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Speaker 6: there's a screening process, but we don't turn those children
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Speaker 6: away no matter what.
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Speaker 5: That's great, and so that's what.
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Speaker 6: This this fundraiser is really about. It's trying to raise
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Speaker 6: some money so we can continue. We fully intend to
3:47
Speaker 6: continue to do that, but this helps us, uh keep
3:50
Speaker 6: that going. And and and we're trying to We're being
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Speaker 6: pretty progressive over there as far as improvements, so we've
3:55
Speaker 6: always got things in the works to make it better.
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Speaker 6: It's it's just, you know, Puttnam Camp pretty prominent, but
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Speaker 6: at the same time, it doesn't have the population base
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Speaker 6: that you have in a metropolitan area like Charleston or Huntington.
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Speaker 6: And what we're really trying to do is get this
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Speaker 6: why to the point where kids that can't get transportation
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Speaker 6: from say north of the River in Putnam County Buffalo
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Speaker 6: areas alan er red House still have the opportunities for
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Speaker 6: similar opportunities that you would have if you were living
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Speaker 6: in a metropolitan area, and we're working towards that, and
4:26
Speaker 6: we're working towards a pretty at a pretty rapid pace.
4:29
Speaker 6: So we've got some renovations going on. We're going to
4:32
Speaker 6: renovate the fitness center, span the main main area for
4:36
Speaker 6: the twenty four hour at this area in and allow
4:40
Speaker 6: us to provide even more activities for the kids. So yeah,
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Speaker 6: if you if you're interested in golf or you just
4:45
Speaker 6: want to come to the party tomorrow night, we sell
4:47
Speaker 6: tickets just for the party and I think it's you know,
4:49
Speaker 6: wine and wine beers included. And then Sleepy Hollow will
4:53
Speaker 6: be operating their nineteen fifty five bar, which has a
4:56
Speaker 6: full cocktails they'll be available there.
4:59
Speaker 2: And wow, what a creative music.
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Speaker 5: Style on auction.
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Speaker 6: So all that being said, keep our fingers crossed with
5:05
Speaker 6: the weather, but we should persevere. If we get a
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Speaker 6: storm here there, well we'll pause for a minute and
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Speaker 6: then get started again.
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Speaker 2: Is that on Friday?
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Speaker 4: That's that's tomorrow tomorrow and on Friday, Okay, yeah, absolutely,
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Speaker 4: So that's great. That's great information and what a great cause.
5:17
Speaker 4: You know, these these programs that we have at all
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Speaker 4: of our community wise and community centers and all these
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Speaker 4: different places, they really create a tapestry for for there's
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Speaker 4: resources out there available. If you don't want your kid
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Speaker 4: to be stuckling on the screen all the time or whatever.
5:30
Speaker 4: There's really no reason to complain that there's not the
5:32
Speaker 4: stuff to do. There is stuff to do out there. Now,
5:34
Speaker 4: I'll admit, as as a parent of a homeschool kid,
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Speaker 4: sometimes you know you got to really look for timing
5:39
Speaker 4: to work out on things and stuff along those lines.
5:41
Speaker 4: But there are resources out there, and these things are
5:42
Speaker 4: important to have any after school activity or any activity
5:46
Speaker 4: in general. And then the ability that you're looking for
5:49
Speaker 4: and trying to help out, you know, disadvantaged children that
5:51
Speaker 4: might not be able to make it or afford it otherwise.
5:53
Speaker 4: I mean, that's that's important to our community stuff.
5:55
Speaker 6: There's children that have gone grown up through the WY
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Speaker 6: programs and you know, really we'll testify that it's quite
6:01
Speaker 6: helpful to them and growing up.
6:03
Speaker 5: And it's uh.
6:04
Speaker 6: When I was a kid, it was trying to find
6:06
Speaker 6: things to keep the kids off the streets, and now
6:08
Speaker 6: it's really trying to find put them on the streets,
6:10
Speaker 6: to get them from behind their screens, which is really difficult.
6:15
Speaker 6: But yeah, there's kind of something for everybody. It's a
6:18
Speaker 6: it's a non intimidating atmosphere. Everybody's friendly, welcoming. You know,
6:23
Speaker 6: you get other gems and I do have gone to
6:26
Speaker 6: other gyms, you know, it's a little more intense maybe
6:28
Speaker 6: as far as just strictly working out, because we offer
6:30
Speaker 6: a lot more than a gym at the YMCA. But
6:33
Speaker 6: it's also a if you're hesitant to go because you're
6:37
Speaker 6: not experienced with going to a fitness center or doing
6:41
Speaker 6: a group fitness class, I would say the Why is
6:43
Speaker 6: an excellent place to put your toes in the water
6:46
Speaker 6: because it's quite welcoming and friendly at least as far
6:50
Speaker 6: as far as I can tell when I go in there.
6:52
Speaker 6: And that's kind of our modus operandi. So if you're
6:55
Speaker 6: thinking about your physical or mental health and and you
6:58
Speaker 6: want to get in to some activities, the Wise a
7:01
Speaker 6: great place to start.
7:02
Speaker 4: Yeah, And and like you said, like if you are
7:05
Speaker 4: a little shy is not really a word, but if
7:07
Speaker 4: you're a little adverse to going to uh, you know,
7:09
Speaker 4: some of these public gyms where you know everybody's mass
7:11
Speaker 4: loading and you know where where it's a you know,
7:13
Speaker 4: a real strong workout kind of attitude. Not every places
7:17
Speaker 4: like and sometimes that's a stereotype, but the why is
7:19
Speaker 4: usually a lot more relaxed on.
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Speaker 6: Anything you do new when there's other people around it.
7:25
Speaker 6: I mean there's naturally a nervousness too. I mean you
7:28
Speaker 6: might not know how to and seeing it on DV
7:30
Speaker 6: lift weights or what to do. And you've got trainers
7:34
Speaker 6: and and staff over there that will walk you through,
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Speaker 6: uh at your convenience, the different pieces of equipment and
7:42
Speaker 6: things like that, so that you get some comfort level
7:44
Speaker 6: and going and working out there.
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Speaker 2: It's great information and if you want to help you can.
7:48
Speaker 4: You can do that as well, and either maybe find
7:51
Speaker 4: a spot in the call scramble or just go to
7:54
Speaker 4: the party donate otherwise, that's a that's definitely a good cause.
7:57
Speaker 4: You can get a hold of us a sworn if
7:58
Speaker 4: you have a questions you want to put the law
7:59
Speaker 4: on your side, or if you have any comments on
8:01
Speaker 4: the on the y I guess you could do that
8:03
Speaker 4: as well. You give us a call this morning three
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Speaker 4: zer A four three four five fifty eight fifty eight
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Speaker 4: three zero four three four five fifty eight fifty eight.
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Speaker 4: Tom Payton is here from the Payton Law Firm online,
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Speaker 4: Payton Lawfirm dot com. P E Y t O in
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Speaker 4: Payton Lawfirm dot Com. So what's going on that's interesting
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Speaker 4: to talk about on the law.
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Speaker 5: A lot of national news going on. We have.
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Speaker 6: The I don't know when the argument is, it's soon,
8:23
Speaker 6: but we have the birthright citizenship case that's filtered its
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Speaker 6: way up to the US Supreme Court, and I think
8:31
Speaker 6: most of the legal scholars almost universally say that, you know,
8:36
Speaker 6: President Trump's executive order essentially voiding the birthright citizenship provision
8:42
Speaker 6: of the Constitution is unconstitutional. I mean it is what
8:49
Speaker 6: it is. Basically, if you were born in the United States,
8:51
Speaker 6: you're a citizen of the United States. Now it does say,
8:56
Speaker 6: and I don't have the language in front of me,
8:58
Speaker 6: but in subject to the jurisdiction of.
9:00
Speaker 5: The United States.
9:00
Speaker 6: So there's a there's some very a couple carve outs
9:06
Speaker 6: to that about somebody being here temporarily at a consulate
9:10
Speaker 6: or something like that, but otherwise it's pretty pretty well
9:13
Speaker 6: been universally applied for more than one hundred years that
9:17
Speaker 6: if you're born here, you're a citizen here, and that's
9:20
Speaker 6: being challenged. I think the argument from the Trump administration
9:24
Speaker 6: is that, you know, if you're born from parents who
9:29
Speaker 6: are not citizens or maybe not here legally, then you're
9:35
Speaker 6: not a citizen under the birthright citizenship clause of the Constitution.
9:40
Speaker 6: Now that's three or four maybe more district courts, which
9:44
Speaker 6: is the trial level for the for the federal court system,
9:49
Speaker 6: have all ruled against the Trump administration with not in finality,
9:55
Speaker 6: but these preliminary injunctions where it says you.
9:57
Speaker 5: Can't enforce this order.
9:58
Speaker 6: While we side the ultimate outcome of this case, and
10:02
Speaker 6: it's been appealed up to the US Supreme Court and
10:04
Speaker 6: they've agreed to hear it, we might not get a
10:08
Speaker 6: ruling about the constitutionality of the Trump executive order because
10:15
Speaker 6: I think one of the underlying issues being appealed, and
10:19
Speaker 6: maybe the primary one at this point, is whether a
10:22
Speaker 6: district court. So let's say Judge Goodwin here in Charleston,
10:26
Speaker 6: he's the Southern District Court for West Virginia. One of
10:30
Speaker 6: the judges, and he enters in injunctions, says, well, this
10:33
Speaker 6: isn't enforceable well as the law stands generally. Now, that
10:39
Speaker 6: would be an order that applies across the United States. Now,
10:44
Speaker 6: you can have conflicting You could have a district in
10:46
Speaker 6: another state that rules a different way, and that's when
10:48
Speaker 6: they normally get quickly appealed up through the circuit courts.
10:51
Speaker 6: And then when you have conflicts with the lower appellate
10:54
Speaker 6: courts or district courts, the Supreme Court normally handles those,
10:58
Speaker 6: takes them up and handles them pretty pretty expediently. But
11:03
Speaker 6: that's kind of the procedural issue that's actually at the
11:06
Speaker 6: US Supreme Court. So they may not come out and
11:08
Speaker 6: say this executive order is invalid or address the ultimate
11:15
Speaker 6: issue of birthright citizenship and what it means. That may
11:18
Speaker 6: come out and say, well, you know, a district court's
11:22
Speaker 6: jurisdiction is limited to its you know, like Judge Goodwin
11:26
Speaker 6: an example, I have. You know, it's a territory of
11:29
Speaker 6: we have a northern district as well, So you've got
11:32
Speaker 6: certain counties in southern West Virginia where if you file
11:35
Speaker 6: a federal lawsuit to get to sign assigned to this district,
11:39
Speaker 6: southern district, and so maybe they could find that, you know,
11:42
Speaker 6: his order doesn't carry weight across the entire nation. It's
11:46
Speaker 6: somehow limited in geographic scope based on jurisdiction. That's not
11:50
Speaker 6: been the law so far, and so that would be
11:54
Speaker 6: a stretch as well. But what you get, and we've
11:57
Speaker 6: seen it as far as politics goes, you can see
12:00
Speaker 6: it both ways. There's been multiple cases filed by i
12:05
Speaker 6: would say extremely conservative special interest groups and they file
12:09
Speaker 6: with a particular judge that Texas and because they you know,
12:13
Speaker 6: if they the path is easier for this yes, if
12:16
Speaker 6: they can get a venue there. They know that this
12:18
Speaker 6: judge almost universally rules in a very conservative manner in
12:23
Speaker 6: a way in which they predict will be in their favor.
12:26
Speaker 6: And then you know, you can have the opposite as well,
12:29
Speaker 6: where you know, because you can get jurisdiction on these
12:33
Speaker 6: federal question issues, you know pretty much what's in any
12:37
Speaker 6: federal court. And then it's just venue, meaning which is
12:40
Speaker 6: the proper venue and uh which which just means which court,
12:43
Speaker 6: even though they all have jurisdiction, what's the most convenient
12:45
Speaker 6: for this particular issue. So you find a citizen down
12:48
Speaker 6: there with a controversy and file it down in the
12:51
Speaker 6: Texas court because you have more confidence that that you'll
12:54
Speaker 6: get a favorable ruling down there versus another one. So
12:58
Speaker 6: you know, you get those, there's rulings that maybe are
13:05
Speaker 6: outside the box compared to what established precedent is or
13:08
Speaker 6: over rules established president, and it applies across the country
13:13
Speaker 6: until it's now you get I think that it's okay
13:17
Speaker 6: the way it is because things that are really outlier
13:21
Speaker 6: rulings get addressed rather quickly. Did the appellate process in Texas.
13:25
Speaker 6: Then you get to New Orleans for the Fifth Circuit
13:27
Speaker 6: Court of Appeals, which is also has a reputation and
13:32
Speaker 6: has rulings that that are quite conservative as well. But
13:36
Speaker 6: but generally the outlier cases where they're really I mean,
13:41
Speaker 6: I think there was one now may be wrong, but
13:43
Speaker 6: it's been some years ago where maybe a district judge
13:45
Speaker 6: in Texas just basically throughout the Affordable Care Act in
13:50
Speaker 6: its entirety, and it was you know, that was limited
13:54
Speaker 6: by the appellate court right quick. So you know, I
13:58
Speaker 6: tend to think they'll probably leave it the way it is.
14:01
Speaker 6: It would be good if the US Supreme Court would
14:05
Speaker 6: I think they probably can. Certainly if they don't ultimately
14:10
Speaker 6: rule on it, they can give a good indication of
14:13
Speaker 6: how they would rule on the birthright citizenship issue, and
14:15
Speaker 6: so might get that ruling early this summer. And and
14:20
Speaker 6: so that's that's before the Supreme Court right now, so
14:22
Speaker 6: we'll see how that comes out. Didn't but yeah, if
14:27
Speaker 6: you if you listened to Scott. In fact, there was
14:28
Speaker 6: somebody on Metro News interviewed this morning, I think maybe
14:33
Speaker 6: a law professor from Loyola, but just said this is
14:36
Speaker 6: pretty much a crystal clear issue on the birthright case.
14:39
Speaker 6: But but they're making some arguments that subject to jurisdiction
14:44
Speaker 6: lemits somehow, maybe that somebody who is worn of, somebody
14:49
Speaker 6: that's here temporarily or not legally is not a US citizen.
14:52
Speaker 4: I think that this might. I think we had this
14:54
Speaker 4: conversational a bit last week. It's it's the chosen path
14:58
Speaker 4: of some people that that can used legal arguments in
15:01
Speaker 4: bad faith. Because the language doesn't shut out particular avenues
15:04
Speaker 4: of approach, like the most common sense approach to it
15:07
Speaker 4: might be startlingly clear to everybody. However, because the negative
15:12
Speaker 4: space of that was not addressed in the in the
15:14
Speaker 4: clear language, you could actually take the negative space the
15:18
Speaker 4: opposite view of it and say, well, they could also
15:20
Speaker 4: mean this, although everybody on the planet understands that it
15:23
Speaker 4: actually doesn't mean that. The fact that it wasn't limited
15:25
Speaker 4: in the language, you could technically make that argument.
15:28
Speaker 6: Well, and it's all got to be considered in context
15:33
Speaker 6: and how it's been interpreted over the years. I mean,
15:35
Speaker 6: it's you can take a you know, fractional part of
15:41
Speaker 6: a sentence or a snippet and almost twisted to mean
15:46
Speaker 6: anything in certain situations. But that's why legislative history, the
15:52
Speaker 6: manner in which it's been applied by courts over time
15:55
Speaker 6: to particular factional situations are all important to figuring out
15:58
Speaker 6: what language means, not just us taking five words, you know,
16:03
Speaker 6: out of context and then spinning. And we've got some
16:05
Speaker 6: of that going on here with the current controversy about
16:12
Speaker 6: mandatory immunizations to go to public school, because we've got
16:18
Speaker 6: the legislature did not ultimately pass the bill this session
16:22
Speaker 6: that would have allowed philosophical and or religious exemptions to
16:28
Speaker 6: immunizations to go to school, and so then I think
16:33
Speaker 6: the it's miss Blatt, I think she's the state superintendent
16:38
Speaker 6: of schools put out a memo saying, you know, we're
16:40
Speaker 6: going to go by the law. That's the statute that's
16:43
Speaker 6: stolen the books that says we're going to enforce mandatory immunizations.
16:48
Speaker 6: And then but just before that, the governor had issued
16:52
Speaker 6: an executive order essentially allowing ordering what the bill said
16:59
Speaker 6: that did not passed the legislature. So he's overriding what
17:03
Speaker 6: the legislature said. Now what he's and I don't have
17:06
Speaker 6: the statute on the top of my head, but he
17:08
Speaker 6: is relying.
17:08
Speaker 5: You can't just do that.
17:10
Speaker 6: You know, on a wentway cand But it's not going
17:13
Speaker 6: to be valid for him just to say, well, I
17:15
Speaker 6: passed this law even though it didn't get past the legislature.
17:18
Speaker 6: So he is relying on a different statute that I
17:22
Speaker 6: believe was passed during the pandemic time frame that at
17:26
Speaker 6: the time it was passed, had nothing to do as
17:29
Speaker 6: I recall it and have read with the mandatory customary
17:35
Speaker 6: immunizations that have been in place for decades for going
17:38
Speaker 6: to public school. But he's that's another example where he's
17:42
Speaker 6: he's stretching that statute will justify his executive order when
17:47
Speaker 6: that statute did not address this situation, and the one
17:52
Speaker 6: that did was debated had nauseum during this legislative session
17:58
Speaker 6: and ultimately didn't pass. And it's always I find that
18:01
Speaker 6: odd because you know, he teuts himself as a conservative,
18:04
Speaker 6: and to me, that's as far as government overreach, that's
18:07
Speaker 6: the opposite it. You think something's right, so you're going
18:11
Speaker 6: to impress it upon your constituents however you can, even
18:18
Speaker 6: though it means certainly pushing the bounds would be a
18:24
Speaker 6: nice way of putting it. Of the law and your power,
18:27
Speaker 6: I mean, exerting extra government power over people's lives. That's
18:31
Speaker 6: not what I think of as conservative. But I guess
18:34
Speaker 6: it's in the eye that beholder if he thinks it's right.
18:37
Speaker 6: I mean, but that's a that's a that's an example
18:41
Speaker 6: of the same thing, you know, where he's taking language
18:44
Speaker 6: from a statute that was past years ago that had
18:48
Speaker 6: nothing to do with this particular context, just twisting it
18:51
Speaker 6: to justify his actions. Right, I don't think it's going
18:54
Speaker 6: to so then, of course, the state Superintendent of Schools
18:57
Speaker 6: pulled back because, well, she basically addressed directly by the governor,
19:03
Speaker 6: as I understand that, you know, you have to follow
19:05
Speaker 6: the executive order, and of course he as the governor,
19:08
Speaker 6: you have power as far as per strings and other things,
19:13
Speaker 6: and so then I think the state superintendent School's backed
19:19
Speaker 6: off and said, well, we'll go by the governors. But
19:22
Speaker 6: now that she's getting more pushed back, I think from
19:24
Speaker 6: the other side. So it's all going to come to
19:26
Speaker 6: a head here and we'll see. I think that ultimately
19:30
Speaker 6: his executive orders is going to be there's no court
19:32
Speaker 6: case failed yet as far as I know. Somebody would
19:34
Speaker 6: have to challenge it. But I don't see how he
19:37
Speaker 6: enforces that executive order under these circumstances, and the statute
19:43
Speaker 6: he's relying upon is just not a statute that was
19:48
Speaker 6: really meant to address this situation.
19:50
Speaker 4: Let me ask you this question in context, and we
19:52
Speaker 4: can spin away from this if you want to, because
19:53
Speaker 4: this isn't really the business the Peyton Malfirm necessarily, but
19:56
Speaker 4: it's interesting discussions that we have. The concern is a
19:59
Speaker 4: layperson I've seen over the last few years as we
20:02
Speaker 4: talk about bad faith arguments and stuff. I'm going to
20:04
Speaker 4: assume to some degree this has always happened, finding ways
20:08
Speaker 4: to come at something from an adjacent viewpoint that might
20:11
Speaker 4: be able to help a client or help a cause,
20:13
Speaker 4: or whatever it might be. The concern that I have
20:16
Speaker 4: from a lay person looking at that is what you
20:18
Speaker 4: were talking about earlier. With precedent, you know, I mean,
20:20
Speaker 4: it seems like the legal profession realies a lot on
20:22
Speaker 4: previous interpretation and precedent to keep things consistent. And we've
20:25
Speaker 4: seen some things recently where that's being blown up because
20:28
Speaker 4: of reinterpretation of things that have been held under a
20:32
Speaker 4: certain way for decades or in some cases, you know,
20:34
Speaker 4: one hundred years or something like that. From a layperson
20:37
Speaker 4: looking at that, that concerned me because I already am
20:41
Speaker 4: behind the eight ball as.
20:42
Speaker 2: Far as the law goes. I'm an expert as far
20:43
Speaker 2: as that stuff goes. You know.
20:45
Speaker 4: That's why I would contact the Payton Law Firm. But
20:47
Speaker 4: it makes that whole thing seem all that much at
20:49
Speaker 4: least before I thought there was like a consistency behind it.
20:51
Speaker 4: You get somebody to help, there's an established precedent behind
20:55
Speaker 4: these things, and you know, you work your way through it,
20:57
Speaker 4: whatever it might be. It seems like now that if
20:59
Speaker 4: you try hard enough and find the right court and
21:01
Speaker 4: the right the right situation and things like that, or
21:03
Speaker 4: the right judge to interpret a certain thing a certain
21:06
Speaker 4: way that maybe previous judges didn't before, that you could
21:09
Speaker 4: almost win about anything.
21:11
Speaker 5: Well, that's that's the feeling you get.
21:12
Speaker 6: But it's it's it's more to me more of attempts
21:17
Speaker 6: to do that and it's getting thwarted by the courts.
21:19
Speaker 6: Is why you know, the law is not static, but
21:23
Speaker 6: it's objective and the facts are what changes. And uh,
21:27
Speaker 6: certainly the law can develop some I mean stery decisives
21:31
Speaker 6: is the is the process of relying upon prior precedent.
21:35
Speaker 6: And you'll you know, if there's precedent that's long established
21:39
Speaker 6: is being overruled, there needs to be a really good
21:41
Speaker 6: reason for it. And and the courts, when they do
21:43
Speaker 6: that usually give pretty thorough explanations about why times have
21:47
Speaker 6: changed and now it's time for the law to change.
21:50
Speaker 5: But that that.
21:53
Speaker 6: You do get that feeling because you hear this rhetoric
21:55
Speaker 6: like we're just talking about today now. Ultimately, I think
21:58
Speaker 6: Governor Morris's at what I will call overreach will be
22:03
Speaker 6: denied by the courts. And that's why, you know, our
22:08
Speaker 6: society is really based on the rule of law. That's
22:10
Speaker 6: what we need. We've got to remember that because it's
22:13
Speaker 6: it's more than just what you want. And I give examples.
22:16
Speaker 6: You know, it's you have cases we talked about some
22:21
Speaker 6: of these deportation cases where there's no due process at
22:24
Speaker 6: all for a person who's located in the United States
22:27
Speaker 6: who is entitled to some due process. But that's the
22:34
Speaker 6: rule of law is objective that we can all rely upon,
22:37
Speaker 6: and when you use your thought process, unfortunately, I think
22:41
Speaker 6: is the feeling people are getting. But the rule of
22:44
Speaker 6: law results sometimes in you know, you could have a
22:48
Speaker 6: gang member that could be set free, you could have
22:51
Speaker 6: a gang member that is allowed to stay in the
22:54
Speaker 6: United States. You could have I mean, in the most
22:57
Speaker 6: extreme examples, you could have a murderer that because of
23:01
Speaker 6: I mean, the evidence seems crystal clear, but because of
23:05
Speaker 6: some constitutional issue, that person is not convicted. I mean,
23:10
Speaker 6: that's it's a cruel result for the victim's family, it's
23:13
Speaker 6: an immoral result. Generally, it could be a dangerous result.
23:18
Speaker 5: But that's the.
23:21
Speaker 6: That's what we've accepted so that we avoid government action
23:28
Speaker 6: at the whim of whoever happens to be elected at
23:30
Speaker 6: the time. The rule of law ultimately controls and that's
23:33
Speaker 6: really the backbone of our society, so that we don't
23:36
Speaker 6: just you know, it's not just however this person sees it,
23:39
Speaker 6: as how it's going to be. Ultimately, it does fall
23:42
Speaker 6: back to the rule of law, and that's why the
23:45
Speaker 6: courts are there. That's why it's a bit dangerous when
23:49
Speaker 6: we start having politicians just personally attacking judges or saying
23:54
Speaker 6: we're going to impeach them just because they ruled a
23:56
Speaker 6: certain way. And many times those rulings are just consistent
23:59
Speaker 6: with what's been done in the past with precedent, but
24:03
Speaker 6: they're being attacked politically rather than just you can, everybody's
24:09
Speaker 6: free to criticize its first Amendment, and if you disagree
24:11
Speaker 6: with the reasoning or the ultimate outcome of a ruling,
24:15
Speaker 6: there's nothing wrong with criticizing that.
24:16
Speaker 4: But and there's appeals up to a certain level, and
24:19
Speaker 4: eventually that beget for the lawyers.
24:20
Speaker 5: I mean, the.
24:23
Speaker 6: Expressing a disagreement with the ruling is certainly fine, but
24:25
Speaker 6: then ultimately the way you resolve that as appeal, and
24:27
Speaker 6: if it gets all the way to the US Supreme Court,
24:29
Speaker 6: for example, and you lose, then that's the law and
24:31
Speaker 6: you live with it. You don't go on a campaign
24:35
Speaker 6: to personally criticize and impeach a judge because they ruled
24:40
Speaker 6: a certain way in a legal matter.
24:42
Speaker 4: To take a break, but before we take a break.
24:43
Speaker 4: We had a phone call that was just now. I
24:44
Speaker 4: was getting ready as to the call. Go ahead and
24:46
Speaker 4: give us a call back three zero four three four
24:48
Speaker 4: five fifty to fifty. We'll get you on the air
24:49
Speaker 4: when we're in the break here, give us a call
24:51
Speaker 4: back three zero four three four five fifty to fifty. We'll
24:53
Speaker 4: get you right one. We'll take a break and be
24:54
Speaker 4: back right after this. You're listening to the picton ball
24:55
Speaker 4: firm and ask the lawyer A five any wchs the
24:58
Speaker 4: voice of Charleston.
24:59
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Speaker 2: Lights camera take action.
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25:54
Speaker 8: Three zero four, three nine five eight five two. To
25:57
Speaker 8: secure your tickets, put the power.
26:01
Speaker 3: Of Payping on the side. We have the court room
26:05
Speaker 3: experience set you need. We never give up. We're prepared
26:11
Speaker 3: to fight for your rights when you need action.
26:16
Speaker 2: Count on us.
26:19
Speaker 3: Puts the power of Payton on your side.
26:23
Speaker 2: The power of pain.
26:27
Speaker 4: Good morning, you can put the power of Peyton on
26:28
Speaker 4: your side this morning. Threes are A four three four
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Speaker 4: five fifty eight fifty eight three zer A four three
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Speaker 4: four five fifty eight fifty eight pit the power of
26:34
Speaker 4: Paton on your side This morning with Tom Peyton from
26:36
Speaker 4: the Paton Law Firm Peyton Lawfirm dot com online. Larry
26:38
Speaker 4: from spring Hill has called in this morning and he
26:40
Speaker 4: has a question for Tom Peyton. Larry, good morning, how
26:42
Speaker 4: you doing this morning.
26:45
Speaker 2: Right? What can we do with you?
26:47
Speaker 6: Good morning, Larry, Good morning Tom?
26:50
Speaker 8: Uh what is the penalty for law abiding by the
26:53
Speaker 8: constitution and lies and enforced.
26:56
Speaker 6: Well, the it just depends, so the if the if
27:02
Speaker 6: there's a lawsuit filed by a citizen alleging that certain
27:07
Speaker 6: governmental conduct is unconstitutional. One you know, ultimately you're seeking
27:12
Speaker 6: what's called a declaratory judgment. You want a court to say, hey,
27:14
Speaker 6: what the government's trying to do or this entity is
27:17
Speaker 6: trying to do is unconstitutional. And if you win against
27:22
Speaker 6: the government, ordinarily there isn't really any penalty, so to speak,
27:26
Speaker 6: like you don't necessarily you can get damages, you know,
27:28
Speaker 6: if you have an injury of some sort, like an
27:30
Speaker 6: excessive force from a law enforcement for example, violate your rights.
27:36
Speaker 5: A lot of times you see nominal damages when it's
27:39
Speaker 5: just a.
27:39
Speaker 6: Technical violation of your constitutional rights. But you also can
27:44
Speaker 6: oftentimes get your lawyer's fees awarded and costs of the proceedings.
27:48
Speaker 6: So if you have a claim like that, you can
27:52
Speaker 6: often get attorneys to handle them because if they prevail,
27:55
Speaker 6: they can get their fees paid. But it just really
27:58
Speaker 6: depends on context lay But generally just you know, like
28:03
Speaker 6: if the governor's attempt at this executive order that I
28:06
Speaker 6: was talking about about immunizations, get sued and the court
28:11
Speaker 6: declares that that's unconstitutional, he's not punished, and ultimately from
28:16
Speaker 6: the public coffers will come money, uh, likely to pay
28:20
Speaker 6: the person that had to file the lawsuit to get
28:22
Speaker 6: that issue straightened out by the courts. If that answers
28:27
Speaker 6: your question, uh, And then you know you get when
28:30
Speaker 6: you get practical things like in criminal cases, then you
28:36
Speaker 6: know that the the resolution is that evidence can be excluded.
28:39
Speaker 6: And if it's a law enforcement officer, for example, that
28:41
Speaker 6: or some government official that intentionally violated constitutional rights, they
28:45
Speaker 6: get punished privately through their employment sanctions and things like that.
28:50
Speaker 2: There's so there's a process involved.
28:51
Speaker 4: It's not like you can just say, hey, that guy
28:53
Speaker 4: vialuated my constitution and then suddenly they're thrown in jail
28:56
Speaker 4: or something.
28:57
Speaker 2: The whole process.
28:57
Speaker 6: It's more of a civil rights issue, although there can
29:01
Speaker 6: be I mean, there are civil rights criminal cases, but
29:05
Speaker 6: that that has to be addressed through a prosecute US
29:08
Speaker 6: attorney or the or the county prosecutor, through the the
29:13
Speaker 6: state system. And there are civil rights criminal statutes in
29:17
Speaker 6: place which we've I think I think the there were
29:21
Speaker 6: some civil rights charges related to I might be mistaken.
29:25
Speaker 6: Where we had the case earlier this year with the
29:28
Speaker 6: two foster parents out in rural Kannall County that had
29:32
Speaker 6: the kids that had stayed in a like squalid conditions,
29:35
Speaker 6: and they were African American and the adoptive parents were white,
29:38
Speaker 6: and I think there was some allegation of racial bias,
29:41
Speaker 6: and there might have been some civil rights criminal charges
29:45
Speaker 6: there as well, so that in that context there can
29:47
Speaker 6: be punishment for violating someone's civil civil rights. But generally
29:52
Speaker 6: government misconduct that or conduct that's deemed unconstitutional, other than
29:58
Speaker 6: maybe at the next election cycle, or if they're a
30:02
Speaker 6: lower level employee, then they don't really get a punishment,
30:08
Speaker 6: although the government can have to pay the plaintiff's attorney's
30:11
Speaker 6: fees and costs if it goes against the government.
30:14
Speaker 4: That's Larry from spring Hill. Thanks for your phone call.
30:16
Speaker 4: Appreciate that leads a phone line open for you if
30:17
Speaker 4: you want to get in in the last eight or
30:19
Speaker 4: nine minutes of the show. Here to ask Tom a
30:21
Speaker 4: question from the Faton Law Firm. Three zero four three
30:22
Speaker 4: four five fifty to fifty eight three four five fifty
30:24
Speaker 4: eight fifty.
30:25
Speaker 2: We've got a text.
30:26
Speaker 4: Question over on our text line. Our text line number
30:28
Speaker 4: three zero four nine three five five zero zero eight.
30:30
Speaker 4: Our text comes from the three zero four five three nine,
30:32
Speaker 4: Mister Payton. Many laws on the books regarding injuries related
30:35
Speaker 4: to dogs and harm to dogs, but I cannot find
30:37
Speaker 4: any laws on the West Virginia books requiring dogs to
30:39
Speaker 4: be kept and controlled on leashes, et cetera. While when
30:43
Speaker 4: can such a law be implemented?
30:45
Speaker 6: Yeah, I think I'm unaware of us. I think that's
30:48
Speaker 6: a local issue as far as lease laws. Now, there
30:55
Speaker 6: is a statue that addresses animals running at large, including dogs,
31:00
Speaker 6: and I've relied upon it many times when I've had
31:03
Speaker 6: cases where sometimes children or adults are attacked by dogs
31:08
Speaker 6: that aren't on leashes. And if you have if you're
31:12
Speaker 6: the keeper or owner of an animal this case, we'll
31:16
Speaker 6: say dogs, and that dog is running at large, meaning
31:21
Speaker 6: not least gets out of its fence and harms someone,
31:26
Speaker 6: that statue provides that that person, that dog owner or keeper,
31:30
Speaker 6: is strictly liable, which is a legal terms that essentially
31:33
Speaker 6: means you don't have to prove they were negligence, so
31:36
Speaker 6: to speak, They're just automatically responsible for the harm caused
31:41
Speaker 6: by that dog. So but as far as I mean,
31:46
Speaker 6: that should be a deterrent to allowing a dog to
31:49
Speaker 6: run off a leash. I know it happens all the time,
31:51
Speaker 6: especially out in the country, but I've had numerous cases
31:57
Speaker 6: like that over the years. And if you're a an
32:00
Speaker 6: owner a keeper of a dog and it runs at
32:02
Speaker 6: large and harms somebody, it's also generally covered by your
32:05
Speaker 6: homewank most people have. You have homeowners insurance, you have
32:08
Speaker 6: a liability portion of your homeowners policy that covers you
32:12
Speaker 6: for those type of injuries if they if they happen.
32:17
Speaker 6: But other than that, as far as lease laws, I
32:20
Speaker 6: think that's county or municipal law that would have to
32:24
Speaker 6: come in to play there. I'm not aware of any
32:26
Speaker 6: statute beyond the one I just referenced, and the one
32:29
Speaker 6: I reference really doesn't as I understand, it's been on
32:33
Speaker 6: the books for a long time. It doesn't really come
32:35
Speaker 6: from the a lease law. It's more broad and may
32:41
Speaker 6: have even had its roots in the harming of livestock
32:45
Speaker 6: and having to do with farms and things like that.
32:48
Speaker 6: But it applies to any harm caused by an animal
32:53
Speaker 6: that you owner keep that's running at large.
32:55
Speaker 4: Now that can be I know that could be a
32:56
Speaker 4: dicey issue, and I'm sure you've ran into it before.
32:59
Speaker 4: I think I have a situation in my neighborhood where
33:01
Speaker 4: for years I've had a young couple that ran jogged
33:04
Speaker 4: in our neighborhood and they always had their dog with them,
33:06
Speaker 4: and they left their dog off the leash as it ran.
33:08
Speaker 4: Seems like a well behaved dog and everything. It would
33:10
Speaker 4: run into my yard sometimes, and I'm trying not to
33:12
Speaker 4: be overly friendly with strange dog just because you know,
33:14
Speaker 4: you don't want to make them come back or anything
33:15
Speaker 4: like that if they're not yours. But I was always
33:18
Speaker 4: friendly enough, like hey, they were poochy or whatever, maybe
33:20
Speaker 4: scratching behind the ears a couple of times, and that
33:23
Speaker 4: seemed okay before I had my kid, right, and now
33:26
Speaker 4: when that dog runs into my yard's fine family, there's
33:29
Speaker 4: nothing wrong, you know, there's nothing wrong with it at all. However,
33:32
Speaker 4: my perspective has completely changed, and now I'm like, man,
33:35
Speaker 4: I don't know if my kid's gonna You know, she's
33:37
Speaker 4: a kid. She's selling she wants to play with animals,
33:39
Speaker 4: and she loves dogs and she thinks all dogs love her.
33:42
Speaker 4: I don't know what she's going to do to that
33:43
Speaker 4: kid or that dog, grab it by the ears, you know,
33:45
Speaker 4: try to do anything with it. But that she's done
33:47
Speaker 4: with family animals and stuff in the past, that's a
33:49
Speaker 4: real problem, you know. So I could see where that
33:51
Speaker 4: could get really nice and.
33:53
Speaker 6: They jog with their dog and the dog is not
33:56
Speaker 6: on a leash, right, Yeah, maybe it's the nicest dog
34:01
Speaker 6: in the world for the last five years, but something happened.
34:05
Speaker 6: You know, you have a small dog with you or
34:07
Speaker 6: small child in it, something goes off and that dog
34:11
Speaker 6: running loose harms you, your family or your pet. Then
34:16
Speaker 6: they're going to be liable for it. It's not a
34:17
Speaker 6: criminal case, right, it's a civil case for damages. And
34:22
Speaker 6: so that's the risk that they run when they when
34:25
Speaker 6: they do that, and that's what the state law provides.
34:29
Speaker 4: So Peyton Lawfern. We have about two and a half
34:31
Speaker 4: minutes left here. Of course, the Peyton Loffern has been
34:33
Speaker 4: in Nitro, West Virginia for a long time. You and
34:36
Speaker 4: Harvey with how many years?
34:38
Speaker 5: Yeah, well Dad started off with.
34:41
Speaker 6: You know basically oh gosh on eight late seventies with
34:48
Speaker 6: there was a lawyer named Jerry McCormick. He's passed away
34:50
Speaker 6: now Saint Almond's guy, and then Chip Calwell and then
34:54
Speaker 6: so that's then in ninety three, I believe Dad built
35:00
Speaker 6: his own office just a couple of blocks down, so
35:02
Speaker 6: and that's really when Peyton Law Firm kind of started
35:05
Speaker 6: at that point.
35:06
Speaker 5: So it's what is that forty years.
35:09
Speaker 6: But we bet had a base if you include Dad's
35:11
Speaker 6: previous time in Nitro, in Nitro since nineteen probably nineteen
35:15
Speaker 6: eighty or something like that. So we like it there.
35:17
Speaker 6: It's been well for us. It's a convenient location. If
35:20
Speaker 6: you're in you know, Hurricane Charleston, you can get there,
35:23
Speaker 6: you can get to our office and without traffic and
35:26
Speaker 6: maybe fifteen twenty minutes at most from downtown Charleston. I
35:31
Speaker 6: got a nice office. So we'd like to we take
35:34
Speaker 6: some pride in that. And if you if you have
35:36
Speaker 6: an issue and you just are in the Nitro area
35:39
Speaker 6: and want to stop by your finally stop buy and
35:41
Speaker 6: talk to staff. If I'm available, Dad's available, We'll come
35:43
Speaker 6: out and talk to you. Otherwise, you can send us
35:45
Speaker 6: an email through the website at Peytonlawfirm dot com and
35:49
Speaker 6: those come right to our computers. Nobody else's. It's not
35:51
Speaker 6: a canned response. We try and respond the same day.
35:54
Speaker 6: If it goes a couple of days and you don't
35:55
Speaker 6: hear from us, you might just try one more time,
35:58
Speaker 6: because sometimes it gets thrown into junk mail, or you
36:00
Speaker 6: can give us a call. You know, we don't charge
36:02
Speaker 6: any fee for responding to initial emails. We're answering questions
36:06
Speaker 6: over the phone. And uh, but probably our bread and butter.
36:09
Speaker 5: What we do.
36:10
Speaker 6: You know, we're trial lawyers. We like trying cases. I
36:13
Speaker 6: like trying cases. It gives us a chance to kind
36:15
Speaker 6: of deal with ordinary people and and we usually do
36:19
Speaker 6: well there. We're not one of one of these firms
36:22
Speaker 6: that has a mass production of cases.
36:25
Speaker 5: We're not the lawmard of law firms.
36:26
Speaker 6: But if we get a case and we take it,
36:29
Speaker 6: and you know, we we pay attention to it, and
36:31
Speaker 6: we work it and we work it hard, and that's
36:32
Speaker 6: how you get good results. And so if you get injured,
36:37
Speaker 6: or you have a family member injured or hopefully not
36:39
Speaker 6: but somebody killed, or a fight with an insurance company
36:42
Speaker 6: over some issue, and there's a lot of choices out there,
36:45
Speaker 6: a lot of billboards and and and we were just
36:48
Speaker 6: asked that you consider our firm and and you won't
36:51
Speaker 6: regret it if you hire us and we keep track
36:54
Speaker 6: of what's going on. You don't talk to a pair
36:56
Speaker 6: ofegal that knows nothing about your case or a lawyer
36:59
Speaker 6: that knows nothing about your case. You're going to deal
37:01
Speaker 6: with the patents and you're going to deal with our
37:03
Speaker 6: staff that has longevity and knows what they're doing. And uh,
37:07
Speaker 6: and we care about the case, maybe because we don't
37:09
Speaker 6: have thousands of them, but we think that helps our
37:13
Speaker 6: clients versus hurts them by not being the largest firm
37:16
Speaker 6: in the world. Now we've got significant resources and if
37:19
Speaker 6: we take your case, there's no case too big for us.
37:23
Speaker 6: And if it's a specialized matter, we'll refer it somewhere else.
37:26
Speaker 4: That's crazy information. And as always, the Payton Law Firm
37:28
Speaker 4: on air for decades here on Ask the Lawyer on
37:31
Speaker 4: five ADWZHS the Voice of Charles and really appreciate Tom
37:34
Speaker 4: and Harvey coming in and putting their expertise to you.
37:37
Speaker 4: You can give the Payton Law Firm a call. They're
37:39
Speaker 4: located in Nitro, West Virginia. The phone nubers three zero
37:41
Speaker 4: four seven five five fifty five to fifty six three
37:44
Speaker 4: zero four seven five to five fifty five fifty six,
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Speaker 4: seven five fifty five to fifty six, Payton Law Firm
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Speaker 4: dot Com p E y t O and Payton Law
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Speaker 4: Firm dot Com twenty eight oh one, First Avenue South
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Speaker 4: in Nitro, West Virginia. That's gonna do it for us today, Tom,
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Speaker 4: Thank you so much for your time, appreciate it. That's
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Speaker 4: always glad to be here. See you next week.
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Speaker 2: Coming up next is.
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Speaker 4: Gonna be Dave Allen five Eightylave followed by Dave Wilson
38:03
Speaker 4: and TJ on talk line. I'll be back this afternoon
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Speaker 4: at three oh six on hotline with a weekly Have
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Speaker 4: a great day everyone.
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Speaker 2: On five ad w CCHS. We are the voice of Charleston.
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Speaker 4: Five E d w C hs A L ninety six
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Speaker 4: point five, then Charleston one oh four point five Cross
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Speaker 4: Lane WVRC Media Station.
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Speaker 2: We're proud to live here too,