Latest / Ask the Lawyer / 05-25-23 - Ask the Lawyer with Harvey Peyton

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05-25-23 - Ask the Lawyer with Harvey Peyton · Ask the Lawyer

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zero one, one zero one. The views and opinions expressed on this program
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do not necessarily reflect the views and opinions of five AD wchs it's employees or
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w VRC Media. Put the power of Payton on the side. We have
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fight for your rights. When you need action, count on us. The
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power of patient on your side. The power of Paton is in the studio
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with us this morning, and he's now across from me. A day.
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It's a pleasure to be here with us morning. And I've as vacations stack
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up here at the Western the Radio. I've noticed that you're you're the go
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two guy for about everything at five eighty Live, and you've covered for Dave,
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and you've covered for Jaff and you're here today. It's always a pleasure.
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You're truly a radio professional from way back right, Well, I mean
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I don't feel that way, but I think that it's getting to the point
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where in this uh, in this industry, there's not a whole lot of
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people with air experience anymore, frankly, and so that's the I don't.
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I feel that way somewhat in the in the law business. And I've been
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was admitted to practice in May get this, nineteen seventy four. If I'm
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making another year, it will be fifty years of practicing law. And I've
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seen a lot of things change, and I've seen a lot of things,
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uh develop in the legal field. I had two old time clients in the
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office yesterday and they're from Saint Albans, where I grew up. And uh,
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you know, the fact that my office is at night hasn't ever been
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an issue. I mean, they've represented him on and off. They don't
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need a lawyer much, you know, plus state planning, a little business
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advice. But we talked about the city of Saint Albans. The city of
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Saint Albans has but ten thousand people, ten eleven thousand, so we're about
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three thousand more than the city of Nitro. And as I think about it,
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there are zero or perhaps one part time practitioner in Saint Albans. How
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does that happen? I mean, I don't like competition. I don't like
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the competition that's provided by TV advertisers from Florida who flood the airwaves with you
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know, with well done Los Angeles produced ads just mining the area to try
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to pick up injury work for people who select the lawyer off a TV.
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You shouldn't do that, by the way, get folks to stop by the
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fox machine officer, right. But you know, I have the previous dean.
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I haven't spoken to the current dean of the law school, but I
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spoke with the previous two deans of the law school in Earnest about you know,
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they have attract about sustainability law, they have attracted about mineral law,
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attract study. You know, So how about a track for a litigation track?
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How about a track for general practitioners to help people do what people need
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to have done at sea level? Bought in an ivory tower and never made
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most progress with that. But you know, if a person wants to work
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and they're competent, smart enough and don't want to put in eighty hours of
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a week and they don't want the stress of litigation, which is stressful.
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I mean, that's what I've been doing most all my life, and it
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can catch up with you. And work for yourself right, which I always
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thought was an important factory. Absolutely, you can work then all you want,
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which means you can control your earnings. You can put a lot of
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hours in, but not necessarily a time away from your family doing things that
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people need done. Get out of law school, maybe you get your feet
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on the ground doing a little work in the prosecutor's office or for some other
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law firm, and in bolt out on your own after a couple of years,
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hang out a shingle and do it the old fashioned way. Go to
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the chamber of commerce, go to events, be active in your church or
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in school functions. Start doing a good job for people, and build a
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practice. It has some value that you can live off of for thirty or
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forty years. But that just doesn't seem to be the InVogue today in the
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legal profession. What I see is either those who choose government service, which
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is honorable, or we have a whole cadring now of professional assistant prosecutors.
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They want to work in prosecuting attorney's offices, or get in the US Attorney
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system, or people who want to run ads everywhere for truck accidents, none
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of which really helps the public much. To me. It's a bit troubling,
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and I think we're going to see here coming up in the near future
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is some discount online or television advertising for family law or state planning driven by
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AI. Absolutely driven by AI. I mean, it's almost to overtaken the
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real estate business for those in where there are big volume lenders and refinancers who
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work over the internet. They generate a bunch of paperwork and they'll just drive
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to somebody's house and get papers signed for loan refinances or loan closures, which
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just abominable. And I couldn't tell you the number of times I've gotten involved
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in those transactions to straighten out a mess that was created by an online lender
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and so called title company that somebody based in Texas. Plano, Texas must
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be there must be a farmer. Yeah, there is something about that,
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because there's uh, you get a lot of addresses that terminate there, right.
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It's sort of like a Tara Hall to Indiana was all the credit cards
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for a long time. It seems like they came out of there there's some
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in Delaware where you have all the corporations, there must be something about the
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laws and the rules there. I just want to ask you about as as
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far as um as that goes. You were talking about the I forgot what
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you were talking about. Now what I was going to ask you a question.
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I forgot what my fathers I was talking about. The pause or shortage
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of attorneys in smaller towns providing basic services, and the and the artificial intelligence
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in the way that we're worried about that. If I'm not mistaken, you
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can have you can legally execute an instrument and it doesn't necessarily have to be
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well done. It could be legal without necessarily being right. Is that So
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that's a problem that you can run into, is you can have an AI
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that can craft what's technically legislation that is legal for the area. Because that's
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the thing that you hear about. Well, if you tell it to write
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a power of attorney that's legal in West Virginia or something like that. Theoretically,
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I think it's supposed to be able to do that. But the problem
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is it may be able to make it legal, but that doesn't mean it
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makes it right for what you need, Well, it doesn't make it right
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for what that client right. You know, I could, I could show
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you examples of folks who have thought they need a quote. Trust and trusts
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aren't really the the vogue in West Virginiary are in the east as far as
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the state settlement. And yeah, these tents, I said, well,
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these instruments are perfectly legal, they're correct, but they're not going to help
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you. In fact, they hurt you for what you need done. And
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AI can't, at least yet cannot delve into human emotion. They cannot delve
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into the intangibles. I can tell you the doctors. I was talking to
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a doctor a couple of weeks ago about how his interaction with patients has changed
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and how my interaction with clients has changed over the last couple of decades,
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to ask way more in depth questions about family and work habits in the background
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when we're just preparing, because you know, you talk to people and they're
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talking about I want to make a change. I want to make a change
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in how my estate is distributed. I want to make a change in how
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I named someone to look after me. And while there's something there and almost
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always nowadays as drugs, or someone who's been in prison for drugs or who
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is addicted to drugs. And you know, if you ask questions and find
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that, I'll said, okay, there, here's what we need to do.
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You know, you don't need to abandon that person. You can here's
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what we can do. Hey, I can't think about that. Hey,
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I doesn't see a person. I mean, I have interaction with the families
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of transgender youth who who are concerned about how you refer to that person in
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documents. Right, particularly in view of what our legislature and legislatures and other
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bonehead states have done. That makes a tremendous difference because you can see some
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I mean purely mean. You can see somebody being purely mean somewhere down the
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line where you try to keep buddy, somebody from an inheritance, or somebody
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from something because they were identified as either a plural pronoun or the wrong pronoun
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at the time, or something along those lines. You can definitely see that
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happening just for spite. That could happen just for spite, and that could
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happen with you. It's driven by money and someone who wants to come up
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with a program, someone who has a law license in some states. Who
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wants to come up with a program of AI and pitch it to the public
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can produce these beautiful You just call on the telephone, you know, like
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you do if you respond to the large world's largest law firm. Your initial
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contact is by telephone and maybe by facts. And you know, it's a
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long way down the line before you see if you ever see a lawyer,
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and and people will walk in their home, they'll receive these instruments and they'll
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take them to a notary somewhere if they're told how to do that property and
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they'll have an instrument that's just a ticking time bomb because it's not going to
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do what they want to do when it needs to be done. It's but
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but you know, it's a function of price, and that drives a lot
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of things, don't Which is why I always tell people do not be afraid
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to call a lawyer, and do not be afraid to ask what's this going
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to cost me? Right, that's a reasonable enquiry and a lawyer should be
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able to tell you and explain to you, well, here's what's involved in
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what you want me to do. What I think you need to have done,
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and you know, here's what you should budget. I'm not saying it's
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going to be that much, but you ought to have a budget and we'll
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work within that. AI at least as far as I know, doesn't have
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the capacity do that now because it cannot see and evaluate the person sitting across
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from you to know what we're dealing with. Period. It's and it's spooky
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to think about that. People are trying to manipulate it to do those things,
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like even things that it aren't really built for that it's not good at.
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People are just assuming AI is actually a lot dumber than what people think
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it is. It's a It does a good job of tricking you into things,
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and there's some things that it's really really good at at determining, but
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when it comes to like fact based things and information based things, it's just
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not really all that great at it. Yet you can if you do research,
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quote unquote one an AI helping you to do research, if you follow
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up and fake checked it, you're going to find a lot of incorrect information.
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I thought it just came to my mind, we shouldn't define AI.
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Yeah, our artificial intelevison. We had somebody call it earlier A one like
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the sauce and so yeah, it's a great stake sauce, by the way,
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but pick up peppers even better, way better than the A one.
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So it's artificial intelligrs. It's you know the computer. Hell yeah, from
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we can't turn this all What are you doing? Days are you doing?
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Dave? Yeah, that's the thinking computer. Well we're way past that.
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Yeah, I mean what the computer how could do in two thousand and one
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of Space Odyssey. I mean we blew past that. Our phones can do
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that for the most part. Yeah, I mean I carry a phone in
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my car. I don't have it on me. I don't usually take it
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in places. But it has more power than the rocket that went to the
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moon as far as computer savvy goes. But it's just start going to We're
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gonna have to be careful. It's transition to AI. And a part of
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that I think is trying to compress upon these young men and women who are
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in law school. Look, you can I had a professor named Henry Collins.
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He taught tax and trusts at the law school. It's a really smart
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guy. He had the highest degree in law. You can have it.
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An LM from NYU and tax and at a post LA post doctorate study in
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England. I mean he was a really smart guy. He've been at the
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law school for decades. And he talked about a w View graduate who went
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to New York and looked around. He was working for a big law firm
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and said, you know, there's nobody really doing much in this neighborhood in
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Brooklyn for people that just need these things done like deeds, wills, estate,
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playing a little business advice. So open an office and made millions of
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dollars doing things that people need to be done. And if you could just
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talk to I haven't seen a lawyer hang out a shingle just on their own
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in a decade. Now there are lawyers who have small offices like ours.
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They sort of get together, and we have some in Putnham County, but
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some of the area is in Kanawa County and some in Putnham County are under
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lawyered. And when people say there are too many lawyers, well, there
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are a lot of licensed attorneys, but there are not enough. It's sort
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of like when Notre Dame had a bad football coach out there and he signed
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the ten best quarterback prospects in the United States over a five year period,
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but he didn't have any tackles and guards. They consistent, consistently lost and
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he lost his job. We're sort of at that level, I think,
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And so there's like too many specialists and not enough people just doing general law
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well, not being trained in law school or given the option to say,
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well, you know, this would be an honorable thing to do and I
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could make a decent living. You know, let's go back to the base.
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When you know, doctors drew buicks. The lawyers wanted to show off,
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so they drive Cadillacs and they were satisfied with that. You didn't have
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to have a home in Puerto Rico to avoid taxes, and you didn't have
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to be able to buy your wife a five care at Diamond ring to show
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off, and everybody didn't need to think they were going to be a millionaire
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on one case. I mean, when it was an honorable profession, a
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learned profession, which it is and still is. But I just think we've
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shifted, at least from I've seen, away from the basic function of helping
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people with basic issues to too much emphasis. I will politics, for one,
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when the lawyers are all lined up. The defense colts are lined up
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as ours, and the planeffs lawyers are d's and never the twain shall meet.
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But I mean that's up to the law. That's above my pay grade.
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That's up to the law schools and the curriculum people and the bar associations
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as well. I think to a pretty good job of talking about general law,
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but maybe not enough enough emphasis. I don't think there was this guy
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twenty five years ago. I was trying to do the math in my headges
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Now I was about twenty five years ago. When I was I worked for
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a manager a mortgage company and I had a client. This was in Michigan.
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I had a client in Lansy, Michigan. His name was Jesse Janes,
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Jesse James Jones, Jesse James Jones, j j j JJJ. And
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whatever you could attribute by knowing that name to the personality of the guy is
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exactly right. It was just the character. But he was a I don't
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know if he like flunked out of law school or if he was a paralegal
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or something that he wasn't a lawyer, but he lived in a in an
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urban in an urban area, relatively not run down, but you know,
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uh, less income area, you know, a lower income area. But
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he had a placard out in front of his house. It was like legal
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advice, not a lawyer. That's what I said, a legal advice,
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not a lawyer. This guy in his basement, and this was in nineteen
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ninety seven. This guy in his basement had a computer set up with a
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scanner, a Fox machine and all this stuff. People would bring him documents,
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he would scan him in. He would have his Fox machine over there,
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and he would like represent people, not represent them, but give them
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advice when like relatively low velocity type things, trying to get money back when
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something, or give him advice or what an attorney to go to or whatever
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else. That guy was always busy and he did it mostly for free,
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right well. And he did not represent himself to be an attorney. No,
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he didn't here for did not engage. I mean, we do have
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a committee on the unlawful practice an author I practice the law because to practice
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law, to represent a third party and provide what are considered to be legal
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services, you need to be licensed, and you need to be a member
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of the West Virginia State Bar. It's a mandatory, but a person who
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is maybe a banker or in this case, just a smart person. He
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was just like, nobody, these people don't come see us, so I
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need to I need to try to help my people out. That was his
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whole thing there. There wasn't nobody here. You know, here's what I
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think you should do. Here's what I think you should do. Right,
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that's not against the law. I think you should probably see that person in
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a small claim school. Right. He wouldn't actually do it. He would
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just say, I think you might have a case here, but I thought
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that that might speak a little bit to what you were talking about. In
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in this area. It's not like in Lansing, Michigan, there were no
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lawyers. There were tons of lawyers even in this area. But it did
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make me curious. And when I was when he was my client for a
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while, and when I was looking around, you did see law firms around
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there, but they all like in the back then there were yellow pages,
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right, So in the Yellow Pages they would all have what they specialized in.
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You never saw somebody that was like specializing in small claims or whatever else.
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It was always shooting for the moon on stuff. And so if you're
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just browsing through the yellow Pages looking for an attorney, and you're kind of
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a low socioeconomic class and you have like a somewhat small claim that you want
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to work when you're like, none of these guys want to talk to me.
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They might if you called them, but just the advertisement wasn't there.
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Well, it's a fine line to walk. You can become so emerged in
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the innutia of general practice that you lose the capacity to do other things.
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And one of the things that I'm always proud of about our office, the
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Payton Law Firm. I mean, if someone comes to me and they have
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a serious claim, they're injured, maybe another lawyer's turned their case down.
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Maybe they said, you know, I don't know if I have a case
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here, so let you know, let me take a look at this,
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let me see where the equities are. And we find some equity in their
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cause and your success. That's what we present it. And they said,
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well, you know, what should I do? They come back and they
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want to talk about what I'm going to buy a house? Okay, out,
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I can help you with that. Law firms will run those people off
19:10
all the time if they want to talk about the well, my property damage
19:14
came. Well, if you call the largest law firm in the universe,
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they're gonna say, we don't do property damage. We'll talk to you about
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your injury. Well, what harm does it do to me? Right?
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If somebody comes to me or to Tom and they've suffered a serious loss or
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a loss that's serious to them, and a part of that is, you
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know I can't get my car fixed, Well, it doesn't hurt me any
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I'm gonna get well paid at the end of the day if I do my
19:38
job and help them out with that. But you know, it just seems
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that that the idea that the lawyer's just there to help people that come in
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their office and develop a relationship with them. Maybe I'm wrong about that.
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Maybe maybe what I'm seeing is just jaded because I'm old and I'm with the
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way it used to be. It's just not that way anymore. Seems common
20:03
sense to me. We do have a call we have calling in from We
20:07
have Randy who is calling me this morning from Beckley. From Beckley this morning,
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Randy, good morning, how you doing this morning's right? Let's try
20:14
to talk about helping little people out of an attorney that just happened to me
20:18
with a law firm in Nitro. I heard on the radio and ask him
20:23
a question about h D when you transfer dat at death? Yeah, transfer
20:33
transfer run death, and I followed through with it, and Um, your
20:37
firm done an absolute great job for me and didn't cost me a whole lot.
20:44
Well, I'm glad to hear that. Thank you. I appreciate your
20:45
call, appreciate your listening, but appreciate that. Randy. Sure, yes,
20:49
sir, Well we like testimonials. That's fine. Well, I do
20:52
like testimonials. We don't solicit them, no, no, no, yeah
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not. I asked class to come to a studio and Phil mc commerce sole
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talking about how happy they are with the millions they got. But then there's
21:03
nothing wrong with that. People should be satisfied with their claims of lawyers there
21:07
to help them. But we're gonna take a break and then we'll come back.
21:10
We want to talk a little bit about criminal responsibility. I want a
21:12
really interesting case floating around. Yeah. I love that. So if you
21:15
have any questions, if you want to put the power of Peyton on your
21:18
side, you can do so this morning, just like Randy did. Three
21:19
is you're four three four? Five fifty fifty eight three or four three four
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five fifty and fifty. If you want to text over a question because you're
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in a hurry or some other reason, you can do that as well as
21:26
threes or four nine three five five zero zero eight. We'll take a break
21:30
and be backward after this. You're listening to Ask the Lawyer with Harvey Peyton
21:34
from the Payton All Firm in Nitro, West Virginia. You can find out
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more information online. It's paint them all from dot com. That's peyto and
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paint them all firm dot com and their phone nuber seven five five fifty five
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fifty six three or four seven five five fifty five fifty six. You can
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call us this morning at three or four three four five fifty eight fifty eight.
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We'll be back right after this one. Ask the law your five at
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WCHS the Voice of Charleston. If you've been hurting a car rex, stop
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worrying about your car, stop worrying about your medical bills, and stop worrying
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about your lost wages. Is called Peyton Law Firm right now and we'll fight
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City dot com. We are excellent free. As we head into this third
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hour of your Thursday commute, we have a disabled vehicle listed one nineteen north
23:11
at two fourteen near Terry Road. Later this morning in Nitro Second Avenue between
23:18
nineteenth and twenty First Street will be closed for the West Virginia Vietnam Memorial as
23:22
it is being escorted into the city. Remember, for you're traveling for Memorial
23:26
Day, you can always check West Virginia five one one dot org for incident
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and traffic updates. Put the power of baby on the side. We have
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the courtroom experience such a need. We never give up. We're prepared to
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fight for your rights. When you need action, count on us. Put
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the power of reason on your side, the power of way. You're listening
24:02
to the power of Peyton and in studio with three this morning is Harvey Peyton
24:04
from the Peyton Law Firm in Nitro, West Virginia. You can give us
24:07
a call this morning at three or four three four five fifty fifty eight.
24:10
Three or four three four five fifty eight fifty eight. If you have any
24:12
questions about the law for Harvey Payton, you're more than welcome to call.
24:15
We're going to talk about a few things from the headlines. If you want
24:17
to comment on those things too, you're more than welcome to give us a
24:18
call this morning at three or four three four five fifty fifty eight. Text
24:22
over questions or comments to three or four nine, three, five, five
24:23
zero zero eight Harvey. As soon as I sat down in here this morning,
24:26
you brought up a story that we've been covering with Metro News. It's
24:29
been around and it's a it's a tragic story about a young a young girl,
24:33
I guess, a young child of seven years old, who allegedly started
24:37
a fire on purpose. That's that's the release that was that was put it.
24:42
But I'll let you take it from there. But the vocabulary and things
24:47
around this story in particular is a little odd to me because we're dealing with
24:49
somebody so young. Please out here, mean the question the story this morning
24:55
was that a seven year old child. It didn't I can't remember. I
25:00
think I mistakenly said female. I don't think it was. I had a
25:03
daughter, so I think that was regardless. I had been quote arrested by
25:07
the Jackson County Sheriff's Office for intentionally in charge of first degree arson, which
25:15
would be intentionally burning a dwelling house while folks are there, who mother and
25:18
father were asleep in the house. This would be an interesting case to follow.
25:25
A seven year old, of course, is a juvenile. They're under
25:27
eighteen. They can't be confined involuntarily in anything other than the least restrictive alternative
25:37
for their placement, which I presume in this case would be back in the
25:41
custody of the parents. And then it devolves upon the prosecuting attorney's office to
25:49
determine whether that indeed is a case where they follow what's called a juvenile petition
25:55
charging this this child with what would we call to non status offense and juvenile
26:02
law their status offenses like truancy. Well, I see, yeah, because
26:08
of your age, it's an offense. So certain other areas of misbehavior.
26:14
And then there are non status offenses, which are those things that would be
26:17
crimes regardless if they were committed by an adult. And certainly first degree arson
26:22
is a crime, whether a whether it's seven year old, I mean,
26:26
that'll be a determination that will be interesting to see how the prosecutor in Jackson
26:30
County handles at seven. Children under the age of seven are presumed presumed not
26:38
to be capable of criminal intent seven to fourteen, and the hower you get
26:45
on that scale, the closer to fourteen, there's a rebuttable presumption that they're
26:48
incapable of negligence or forming criminal intent. I don't know the facts of this
26:56
case except what we've seen, and that is seven year old intentionally to the
27:00
Firewell, children who play with matches intentionally late fires. But does a seven
27:07
year old have the capacity? The forem was called scienter or a criminal state
27:12
of mind. But I'm setting a fire with the intention of killing my parents,
27:17
like I'm mad at mom and dad. I'm gonna do whatever to start
27:19
a fire. Right, is it a foot stomping? Is it a foot
27:23
stomping here pulling tantrum on the floor that's manifested by I'll show them. Or
27:30
is it a deeply disturbed child who needs health mental healthcare and counseling also to
27:38
make sure they didn't see something on line? You know, I mean you
27:41
never know, you never know, you never know what even children at seven
27:44
years of agency anymore. I was concerned about years ago one of my grandsons.
27:52
I said, you know, Tomy is searching around his room to see
27:56
if he's got any girly mags. He said, what are you talking about?
27:57
That on a computer? Look at anything? He was a computer to
28:03
now only is right? So yeah, that I mean that is an issue
28:06
that was there a cartoon was there an action game that a child at that
28:11
age? I got a horse story on that. I'm not gonna tell it,
28:12
but I got a horse story on that with my daughter. But clearly,
28:15
a child at age seven, whether it's a mental health issue, a
28:19
misbehavior issue, a tantrum manifesting itself, in my opinion, does not have
28:26
the capacity to form the criminal intent necessary to charge that child with a first
28:30
degree arson? Now, did something have to be done right at the moment?
28:36
Was a sheriff confronted with a situation where we got to do something to
28:41
justify taking this child somewhere besides here? And there are a lot of reasons,
28:47
you know, their honesty are a lot I think law enforcement will admit
28:49
this. There are a lot of reasons sometimes you arrest someone or take them
28:52
into custody other than the absolutely need to prosecute. You know, I hear
28:57
from some of my more conservative people, why if they prosecute these people that
29:03
broke into the capital, what about all those people that they arrested and turned
29:07
loose in Portland? And Well, if you look at that, you'll probably
29:11
find that seventy percent of what are can called crowd control arrests, you arrest
29:18
them so you have the ability to get them out of the area, knowing
29:21
you're not going to prosecute one hundred people for trespassing in a park. I
29:25
think there's been like twelve hundred arrests from that summer. Well, it happens
29:27
all under arrests. There's been any number of people. I mean, the
29:30
guy who put an explosive device in a federal building, serving twenty years in
29:33
prison, the guy who a building on a fire, serving ten years in
29:37
prison. One of them was killed and tracked down by the US Marshal Service
29:41
and shot and killed after he shot somebody, you know. And the other
29:45
fact is if you charge somebody with the crime, you have to prove it.
29:48
If it's midnight in Portland, Orgon on a foggy midnight and somebody who
29:52
throws a bottle out of a crowd hits a policeman, that's a terrible thing.
29:55
But who do you charge if you're in the most secure camera Leaden building
29:59
and the universe, streaming it live on your own personal account, Yeah,
30:02
streaming live on your own personal account, or posing for cameras in the Capitol
30:06
build. Think it's a whole lot of different story about prosecution. But this
30:10
is really going to be an interesting But I mean, I assume now the
30:12
prosecutors have said the Sheriff's department in Jackson County said no further comment. That's
30:17
completely appropriate. I mean, we've we've got a child here, a seven
30:21
year old. But my immediate reaction was the prosecutors just sort of had a
30:30
something dropped in their punch bowl there. That's unpleasant. How are we going
30:33
to deal with this? You know, you don't want to law enforcement performs
30:37
a valuable service. You don't want to jump on the law enforcement team because
30:44
of the arrest itself. You've got to find out where this is and maybe
30:48
after all the dust settles, the ashes cool off, we'll have some other
30:52
public statement about what's going on, what the justification was. But on its
30:57
on its face, it does seem quite unusual that a child would be quote
31:03
arrested, unless it was the necessity of you know, we have to do
31:06
something to justify taking this child into custody. And we don't know how the
31:10
parents were reacting at the time either. Could there could have been protection measure
31:11
even in consideration, we have no idea, I guess, and listen,
31:15
if we've been practicing lawmost fifty years, like I have. You see,
31:21
sometimes parents are extremely adverse to their children. You know, they locked the
31:25
ice box so they won't eat snacks and accusing. I had one case in
31:30
Putnam County. Judge Spaulding was the judge, and he was a spart guy.
31:33
Judge Hobby Spaulding was a good judge. And these folks they adopted a
31:41
child and then thereafter found out they were able to conceive an biological child.
31:47
And so the child who was adopted, frankly, is mistreated, and they
31:51
kept trying. They wanted to get a juvenile petition against the child for quote,
31:56
stealing, because he would go to the refrigerat later and take food that
32:01
they had. They labeled everybody's food. Well, you know, Spaulding,
32:08
I was appointed to represent this child, and I just thought it was horrible
32:13
and Spaulding like cruelty. Honestly, Spaulding feld probable cause and placed the child
32:20
in the custody of the department. And I said, you know, Judge
32:23
Pson Harvey, look my option is denny the petition and send this child back
32:30
into that hall. I am not going to do it. I'm not going
32:34
to do it. So the child went to a alternate living and actually sort
32:40
of blossomed. You really like basketball. I want him a basketball and gave
32:45
to him, and you know, he got out of that environment and became
32:50
a productive adult that I know him to be now. But you know,
32:54
there are a lot of things that unspoken things you'll see, and probably that's
32:58
going to happen in this case in Jackson County, I would hope. Yeah,
33:00
a couple pretty good. Well, Jackson County has three judges and all
33:05
three of them they're new, but not that there. They've all been on
33:08
the bench for four or five six years. So we'll see three or four,
33:13
three fifty fifty eight. We have about five minutes left if you want
33:15
to try to get in our last final thing with Harvey Peyton this morning.
33:20
You meant something else that's kind of in the news now, and we talked
33:22
about this before, maybe the last time we did a show. It's been
33:24
a little while, but you've mentioned some of the troubles of Governor Jim Justice
33:28
and some of the debt being called on him, specifically the issue that's in
33:32
Virginia. You brought this up once before, and this is a little bit
33:36
more unique than some of these other stories. Well, it is the quote
33:39
confession of judgment. That is a procedure that's it's not recognized in West Virginia.
33:45
It's in the nature of what we call a Cognovac note. Would you
33:49
sign a note agreeing to repay and you also agree, as a part of
33:53
that borrowing process to allow judgment to be taken against you if you miss a
33:59
payment. Well, that's considered coercive generally in West Virginia. There's an economic
34:02
disparity between the parties. But Virginia, which still has a code that's rooted
34:09
back in the Thomas Jefferson days and Lamb's Code of Virginia from eighteen forty nine,
34:16
acknowledges these confessions of judgment. You record them in court and then the
34:22
debtor has a limited period of time to come and dispute that, and if
34:30
not, there's a judgment against you that stands it. These were filed before
34:35
I think two years ago, and there was a quote a quote settlement arrived
34:40
upon which apparently either was not performed or didn't come to fruition, and these
34:46
have been filed again. It would be troubling. I think it's troubling to
34:51
the governor and his business interests. That these confessions of judgment have now been
34:57
recorded in court in Virginia, I mean that could lead to an enforceable judgment.
35:02
I mean the difference between owing a debt, just owing someone a general
35:07
debt, and having a judgment taken against you for that debt is monumental.
35:10
A judgment is a function of the civil authority of the state, which can
35:15
then I assistance enforcement by doing things like seizing your salary that's already been done
35:22
to the governor, seizing your assets, and in this case, when it's
35:25
a personal guarantee, compelling a person to appear to testify about where their assets
35:30
are, it's called a deposition and aid to execution. It's serious, and
35:37
you know it's not. I don't think it's a coincidence the stories that have
35:40
bubbled up lately. The governor says, well, this is just political posturing.
35:45
Well, no, it's not. You owe the money and you don't
35:46
pay, and you've got to have it through your whole business life of doing
35:50
this. It's no secret to anybody in the legal profession who's been around that
35:54
Jim Justice won't pay his bills. But there is a political aspect to it
36:00
because now the DNCC, the Democratic Senatorial Committee, and the Fund for Growth
36:05
on behalf of Mooney, these are all these facts are bubbling up because they're
36:08
planning stories. They're putting it in the wind. They may not tell a
36:12
reporter for the gazette, but the right they may not tell how betro News
36:15
what's right, but they're seeing. You're seeing these things come through on the
36:19
fax machine from different sources, and that's where the story is. Mister Jasics
36:23
is going to learn right quick that when you poke your nose into national politics,
36:29
especially the United States Senate for a seat is one of a hundred in
36:32
the world of the most powerful political positions in the world, you better be
36:37
ready to knuckle down and take it. And it's not going to stop.
36:40
We had a political commentator on five Live. Yeah, anyway, I was
36:44
feeling in for dayv Allen, and he made he made the observation that the
36:46
playbook is the Ted bud Bud playbook out of North Carolina, I think where
36:51
they got him elected. And his counterpart was much like justice, somebody who
36:54
had some of these some of these issues that people knew about, but not
37:00
on the national level. You know, it was like in this this playbook
37:04
of exposing and dumping everything into that to try to demim money. I mean
37:08
that was part of the playbook and getting but elected. So I think that's
37:12
it's an interesting strategy that that Mooney's going for there. Oh, I think
37:15
it's directly attributable the Mooney Yeah, and oh yeah, there's no yeah,
37:20
or the picks that that are you know, yeah, you know, also
37:22
to the Demis. They think that Joe Manson has a better chance of beating
37:27
Alex Mooney because of Mooney's carpetbaggers. Of course he does, yeah, than
37:30
he does of beating uh Jim Justice. Justice has more statewide appeal. Mooney
37:36
is an Eastern Panhandle guy, right, they don't care what he does in
37:38
the Eastern Panhandle. He's got an address in Hampshire County. Yeah, I
37:43
don't know, Jefferson County. That's going to get him overwhelming votes in eight
37:46
seven or eight counties in that district. And oh the other Demis are living
37:50
it and uh, but that's that's all aside. I want to talk just
37:54
evented about the Peyton Law Firm. We do the things that will need that
38:00
weekends. If you have an injury. Maybe another lawyer said, I we
38:05
don't take a case, but sure a case not good enough for us,
38:07
Well we'll take a look at it. I've got one right now where I'm
38:09
gonna do some real good for a client. Call us go online Peyton Law
38:14
Firm dot com, or call us at six three or four seventy five,
38:17
five fifty five fifty six. You will get to sit down with either me
38:22
or my oldest boy Tom who practice us with me and talk about your case,
38:27
and we will listen to your problem and tell you whether we can help
38:30
you, and we will give you honest and solid advice about whether you do
38:32
or don't have a case and what you should do. We're finished. That's
38:37
Harvey Painting with the Paytentaw Firm for the power. Painton on your side,
38:39
paytonaw Firm dot Com sent fifty five fifty six. Stay with me. I'll
38:43
be back on five in just a moment. You're listening to five A c
38:45
H has the voice of Charleston fight a w c HSA up at six point
38:52
five. That's then Charleston one four point five Cross Lanes. Don't u VRC
38:55
Media station. We're troup live here too from ABC News, I'm Derek Dennis.
39:06
Debt ceiling negotiators running out of time before the government goes into default.
39:10
Negotiators have been talking for a while, and they've yet to reach an agreement
39:15
to raise the debt ceiling. Fitch Rating says that's a problem because there's a
39:17
real possibility that for the first time, America may not be able to pay
39:22
its bills. It's placed the US on a negative watch, citing the ongoing
39:25
brinkmanship between Republican and White House negotiators. It isn't a downgrade, but it
39:30
is a warning that the nation's top notch credit is at risk. Daria albing
39:35
Our, ABC News. Lawmakers are going on holiday break told a return to
39:37
Washington within twenty four hours if a deal is reached. Meantime, the rush
39:42
is on for travelers heading into the Memorial Day