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10/19/2023 Ask the Lawyer with Tom Peyton · Ask the Lawyer

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power of pasion on your side, the power of paying. It's a twenty
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three in good Thursday morning to you. This is five eighty WLEUHS the voice
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of Charleston, Jeff Jenkins with you and Tom Payton to the Peyton Law Firm
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in Nitro. Here and ready to go like he has every Thursday morning.
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The number to call three O four three four five fifty eight fifty eight.
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Three oh four three four five fifty eight fifty eight. Any questions about the
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law. Tom is here, He can handle those morning. Tom what's up
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all us get in by this morning recovering from the Big West Virginia Derby yesterday.
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Yeah, how about that? You know Derby? I started watching getting
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into soccer a little bit when my son did when he was young. And
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uh, it's like rivalry in close rivalry, right, yes, usually geographically
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located and you have the big pro teams in England and of course they're I
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don't know how many teams are in London, I mean multiple, so you
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have teams that might be their stadiums are only miles away from each other,
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and it's the Derby. But yeah, I think they were ranked five coming
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into the soccer game last night played in Morgantown Marshall was ranked one. Hadn't
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lost or drawn a game yet. They hadn't tied or lost a game yet
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this season, which is that can't in soccer. I don't know how many
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regular season games there are, probably twenty or something, but you're not going
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to stay undefeated and untied the whole way through. And it came to fruition
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last night, a good game, packed house that had been listed as a
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sellout in Morgantown for like a month or something, and three thousand some people
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attended, which is great. The largest crowd to watch a men's soccer game.
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Women might have had a bigger crowd before. I'm not sure they played
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some NCAA tournament games there, I believe. But good game, really good.
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I mean, I'm into soccer, so if you watch a one zero
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game or zero zero is even boring for me. But sometimes you have games
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like that. But last night was good because folks that aren't necessarily soccer enthusiasts
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but two would have seen a lot of action. So it was and I
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missed some of it. I was actually playing old man's soccer last night.
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But yeah, W pulled away with the window five to two, h five
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goals totals scored in the first half. It was three to two at halftime,
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and then WU got a couple of goals. But and both teams are
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really good and they play you know, I'm not sure about W's roster.
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I would say it's very similar, but you know a lot of international players
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which play, in my opinion, usually a little different style game, really
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good footwork, skill work. It's funny Marshall's played Indiana University a couple of
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times. Well, they beat him in the National championship game and twenty twenty
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one and then last year were eliminated by Indiana by one goal I think in
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a game. But Indiana has a I mean, they're probably one of them
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more heralded. They have got a lot of history, won some more than
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one, multiple national titles in soccer in soccer, and they have a different
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I mean, they only had one or two international players starting for their team.
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They just play a different style of game. But Marshall W's styles are
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fun to watch, say I had to find it was like a little more
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flair to their game, and so it's interesting to watch those really skilled players
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play and cocause Marshall got caught last night. Just the goals I saw by
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West Virginia, just a lot of defensive lapses on Marshall's part. Actually W
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could have had more goals. Marshall's defense getting out of position, things that
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maybe they've gotten by with some other teams but didn't get by with last night.
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So W got them. And a lot of people don't know. They
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only play one time during the regular season, but they're in the same conference
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because Big twelve doesn't have men's soccer and actually SEC doesn't have men's soccer,
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so UK is also in the Sun Belt Conference, usually a pretty good team
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for soccer. So but there's so many teams in the Sun Belt Conference that
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you only play your other conference teams one time. So there won't be a
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return game to Marshall Fors like you see in basketball, but they could play
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again because there's a conference tournament, right. So that's the way soccer is
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similar to basketball, and that I believe if you win your conference tournament,
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you get an automatic bid to the NCAA Tournament and then hopefully knock on wood.
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Both w and Marshall won't won't need that. They've both been highly ranked,
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but you know that can one game is important in soccer, and if
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you lose three or four in a row, right, yeah, you got
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they could have some problems. So they got to keep it rolling and keep
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playing well. Marshall doesn't have to win all the rest of their games like
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they did their first ten or eleven twelve games. But hopefully they'll both make
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the NCAA tournament. I'd like to see them meet again in the conference tournament.
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That would be interesting. What you noticed from last night and Tom Payton's
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with us A Peyton Long firm a Nitro number to call any questions about the
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law. Three oh four three four five fifty fifty. Just kind of the
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emotion of soccer. Right, there is one play that that you know,
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it's physical, right, so there is a physical kind of alter kate,
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you know, you know, kind of a physical endgame altercation, like right
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next to where a lot of fans were like, you know, the fans
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are right on topic. Fans are right on topic. It's crazy. Soccer
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is an interesting sport. It's one of those if you know me having played
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it for a number of years and into a little more, I mean I'll
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kind of watch the individual battles, so I enjoy a game when even when
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it's you don't get a lot of goals, but to have that many goals
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in that big game was really will help the game. I think the game
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of soccer in West Virginia and should have been exciting even for those who it's
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not that hard to I mean, there's there's there's various minute rules about handballs,
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et cetera. But basically this team's trying to kick it in that goal
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and that team's trying to stop them from doing it, and there are no
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timeouts, and you play all the way through unless somebody gets hurt, and
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that's it. You don't really need to know much more than that, can't
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touch it with your hands unless you're the goalie, and that's it. So
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you got off side, and are the things that are more complicated, but
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you don't really need to know those rules to enjoy watching soccer matches like we
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saw last night. Tom's here three or four three four five fifty eight fifty
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three or four three four five fifty. We've got some legal things that are
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happening. Brad mclaheney posted a story at our website wv metronews dot com of
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emotion coming from attorneys representing the governor in chief of Staff Brian Abraham in connecting
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with this class action lawsuit about conditions in the jails and prisons and they do
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not want to be deposed. Yeah. So we've seen some of this on
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the federal level with all the Trump cases that are going on, and so
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of course not surprising that the governor and his chief of staff don't want to
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be deposed, and not surprising they would foul a motion trying to stop it.
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I think when I've read in WV Metro News articles that my inclination is
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the judge's going to make him sit for a deposition because there are already some
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other witnesses from the government that say, make Governor Justice appear to have some
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factual information that will be useful to the plaintiff in that case. And it
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doesn't take much to bed I mean, you can take a deposition normally of
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any witness you want, as long as it's not I mean, even if
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they you're just trying to see if they if they know something, I mean
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they might be they might not know anything. You're still allowed to take their
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deposition, which a deposition is where they're held into uh, they can be
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subpoenaed, which is what's happened here into usually a lawyer's office when the lawyers
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using a party of the case and the courtporters there. They're placed under oath.
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There's no judge there monitoring the questions. So it's it's pretty the rules
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are pretty liberal and what you can ask and they're really liberal on who you
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can subpoena to make testify the deposition. So I think you know under and
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what I think will happen here is there'll be some parameters set on this deposition,
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probably because obviously, I mean everyday depositions with normal private citizens, you
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really can get into a lot of areas that it's hard to see how they
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have any direct connection to the case. But a deposition is an investigative til
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you ask questions there that you couldn't ask in front of a jury that wouldn't
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be relevant or wouldn't be admissible for a jury to hear because of various rules
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of evidence. But you can still ask them at these depositions. So I
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think what will happen is is there'll be some parameters set for these depositions,
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the judge will make them take them, but before they get in there,
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they'll already be some kind of some governing rules on areas that can be covered,
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and maybe even the amount of time the deposition can take something like that.
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But I don't foresee a judge allowed, you know, entering in order
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that prevents the depositions from being taken. I just don't see that happening in
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this case. I don't see anything in the pleadings that lead me to believe
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that Governor Justice is going to win that argument. But at the same time,
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they've taken the position of no deposition, I think somewhere in between is
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what's going to end up. So is that point are the strategy of the
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justice attorneys? I mean in their mind, are they telling their client,
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we're going to get you out of this deposition, or we're going to win
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this motion to prevent you having your deposition taken. I don't know what they're
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telling Governor Justice, and I don't know exactly what's in their mind, But
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to take that position that it shouldn't be taking it all starts some way up
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here, and it gives them some room to negotiate down for some parameters if
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because ultimately that's probably what's going to happen anyway, although the judge could just
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say no, take a deposition like anybody else. If you think it's going
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too long or the questions are way out of bounds, then we'll address it
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at the time that they may very well happen. And then so it's a
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tool by the plaintiffs in this, you know, to try to find out
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to discover information the facts about the case. And I think one of the
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things that had been argued by the plaintiff is that well we've got other I
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think it was Jeff Sandy, the former Homeland Security secretary. He had and
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I don't know if this is true. It's represented by the plane of Slaurer.
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There might be some deposition testimony from mister Sandy, but since the implication
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as he was informing the governor's office, we need these funds, here's the
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problem. Something like that maybe didn't get responses that he liked from the governor's
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office. Some of that effect so implicates some responsibility for the alleged bad conduct
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for the on the governor's office. So you think, well, let's ask
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the governor and his chief of staff makes perfect sense. So I think,
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yeah, and they're just going to try and figure out what he's got to
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say and then they can use it in the case, or they can at
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least preserve the testimony. Yeah, okay, so we'll see what happens there.
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You can read that story wv Metronews dot com. Tom Payton's with us
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with the Peyton Law Firm and Nitro lines are opening questions about the law and
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we'll be back in just a moment, So stay tuned. Three oh four,
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Put the power of Peyton on your side. We have the court room experience
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that you need. We never give up. We're prepared to fight for your
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rides. When you need action, count on us. Put the power of
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Payton on your side, the power of page. It's eight thirty seven on
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this Thursday morning. Jeff Jenkins with Tom Peyton and the Peyton Law Firm and
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Nitro give us a calling questions about the law three h four three four five
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fifty eight fifty eight. Three or four three four five fifty eight fifty neither
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got a question about a property dispute or about a will or been injured in
13:50
an automobile accident. Tom can take that question. Three or four three four
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five fifty eight fifty eight. Those are the type of things we handle over
13:56
absolutely. We can answer those questions, no problem. Hey, before I
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forget one of the other reasons people tune in sometimes us. We've got a
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free giveaway at your giveaway and we'll have a last time. Nobody got my
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trivia question right, I'll try and throw a little softball out there this time
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we'll see it. Look, here's what we're getting into basketball season. So
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we actually just got our hard copy season tickets in the mail this week,
14:22
and we can't go to the exhibition game, but it's played like a regular
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game. And so WVU is playing George Mason twenty seventh next Friday at seven
14:35
pm. So we have parking pass first of all, so you can park
14:41
in the white lot right next to the coliseum. We have four tickets.
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There are two and two, so you'd have to if you have little small
14:50
children or something, you need to split them up with an adult by two
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in one location, which is actually technically floor seats right at the end of
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the visitors bench. So those are really cool because you're st and down.
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If you watch close enough on the TV games, you can see you guys.
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Yeah, that's right. And then the other two are third row,
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but they're up on the regular seats. They're actually just kind of behind the
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ones that are on the court. But they're really good ticket. It's a
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good place to watch a game. So if anybody wants to go to that
15:18
game, you can get the trivia question here. And this kind of dovetails
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in I talked about last week. The Supreme Court came to Putnam County this
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week. Yeah, who's day. I saw a photo of you on the
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okay, good well, WV Courts gallery. They didn't cut me out there.
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You're there, right there on the front road. That's right, we
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were there. I helped, you know, as I talked about before,
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we had all four high schools go in and watch all the seniors I think
15:41
that wanted to attend, and so I was helping the pokey kids get ready
15:43
so they would understand what's going on. Went really well. Students were well
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behaved. Had they got to ask the lawyers that did the arguing some questions
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afterward, and at least in my session, all the kids had quite a
15:56
few good questions. Lawyers did a good job. It's quite a monumental task
16:00
because and chief well, and so they the staff has to basically come and
16:07
set up a portable. You know, you got security you got to have.
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It's got to be videos, it be recorded, and all this stuff.
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So it's kind of neat to have all that set up in the auditorium
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of the Buffalo High School. But so let me get into the tribute question.
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So who are the current five West Virginia Supreme Court justices that heard the
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cases in Buffalo on Tuesday. And we'll put a second part to it to
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make a little bit more difficult, which if any of the justices were initially
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appointed to the court as opposed to elected to the court, and doesn't mean
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they didn't win elections later. Yeah, yeah, yeah, yeah, all
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right, how about that? Yeah yeah. They only had to answer one
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of the second part, or the you gotta get it all right, you
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got to name the five and then name which ones if any were appointed when
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they initially got on the court versus being elected their elected position as there are
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twelve year terms, but vacancy then the governor appoints. And so how about
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that two part question. Okay, we're going to take the answers here.
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Sure if we get some call. If not, well, all right to
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do something else with it. Okay, three or four three four, we'll
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get some calls on yeah, three or four three four five fifty eight fifty
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eight three or four three four five fifty eight fift So named the five members
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of the West Virginia State Supreme Court or it's called the Supreme Court of Appeals.
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And then the second part of the question, so name there's five,
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and then if there were any that were appointed and was elected when they initially
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got court. Right, right, that's pretty googleable, So call it.
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Yeah, that's what I say. It's interesting. We got kind of moving
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off that topic till we get a call on the federal level. These Trump
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cases, they're hard to keep track of, and of course you got politics
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involved, and I'm not really getting into that, but it's really going to
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be interesting to see because this is going to be pressed probably the US Supreme
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Court, because this interesting dynamic between the First Amendments and then the justice system
18:06
and the in the courts trying to maintain a fair trial with h Trump consistently
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what he can say, yeah, what he can say and can't say.
18:15
And it's you know, it's tightrope there because you you have to be able
18:19
to criticize the government. That's the whole core of the First Amendment. But
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at the same time, you know, can you and this is not going
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to be direct quotes, but you know, can you call it call out
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a law clerk or something that works for a federal judge and and and basically
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name call them and things like that and and impugne them and and so there's
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certainly and then you've got you know, issues about trying to get pick a
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jury and fair trials and and if you've got folks, you know, bad
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mouthing potential witnesses in a public when they have maybe millions of followers on social
18:57
media, and said, that's thing we haven't really dealt with in the past,
19:02
because I mean, unless you do an interview, you know, a
19:07
politician's not going to get that type platform and they're not going to pay for
19:11
a commercial ordinarily too. You know, go call somebody deranged, you know,
19:18
but you can if you just spend five minutes typing something into true social
19:23
or X or whatever Trump is using at this point. So that'll be interesting
19:27
to see how that comes down. Balanced a tough, tough call. I
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mean, I think there's a judge what the New York maybe or two of
19:37
them have assually quot gag orders limiting what can be said or done, and
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the most recent one was this week or late last week, and that she
19:45
did the judge did a real good job of being really careful how she worded
19:52
the limiting order. And we'll but I mean, Trump hasn't needed any any
19:59
of these warnings, so we'll see. You know, you got then you
20:00
got that dynamic. If he won't, if he violates what the terms of
20:04
her gag order, then what happens to them? He's going to get contempt
20:07
contempt which can then result in find posting a bond to ensure compliance or being
20:14
incarcerated until you you know, conferred yourself with contempt and stop behaving that way.
20:19
So we'll see. My incnnation is he'll probably ratchet back. But you
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know Trump's going to push the line. So be wishing to see what he
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posts now if the gag order is in place, or two of them,
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and how close he'll come to that line and risk financial or whereas freedom temporarily
20:41
if he violates the order blatantly. Yeah, three or four three four five
20:45
fifty eight fifty eight three or four three four five fifty fifty Once again our
20:49
trivia question for four basketball tickets and a parking pass at the coliseum for a
20:56
week from tomorrow night. It's an exhibition game, but it's it's basically a
20:59
game. It's yeah, George the regular record w W and George Mason and
21:06
uh, so we've got uh And so the trigger question is named the five
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members of the West Virginia Supreme Court and and say if there's any that have
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been appointed they may have been elected since then, but are there any of
21:19
that have been appointed to the Court by the governor first. That's right,
21:22
right, Okay, all right, we're gonna go to the lies. Dwayne.
21:26
Is only you've got to answer to the trivia question or a basic question.
21:29
Duwayne, I believe I have an answer to the trivia question. Okay,
21:33
here we go. The five Supreme Court judges and best Walker judge everyone's
21:41
first name, Judge Hutchinson, Sude, Woots and Fun and also Tim Armstead.
21:48
It's right, all right. Do you know how many of them or
21:52
any of them that were appointed before they were elected? That's that's the tougher
21:56
part. I remember him Armstead was appointed, and who's an outstanding individual,
22:04
by the way, just want to throw that out there. And uh,
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I believe Hutchinson and Fun from what I can tell, we're also appointed.
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I think that's it. I hope those three and no more and no less.
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Then you got it? Got it, Dwayne? I what should he
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do? Tom? So? The tickets are at our office when the game
22:23
obviously isn't until next Friday, so we'll have him out front. You can
22:27
stop by any time between eight and five and pick them up. Great.
22:32
That sounds sounds awesome. Thank you, and thank you so enjoy it and
22:37
I always enjoyed listening. Thanks appreciating having the time. Today. It's an
22:41
exhibition, but it will be the first time you get to see this most
22:45
of the Scotshler new interim head coach. All right, we'll see and maybe
22:48
we'll get what's the Roquez battles the kids last night? Was there a little
22:53
foreshadowing yesterday by him because there were some comments by Eilert. I mean,
22:59
they're not getting any tips on but some comments he made at Big twelve media
23:04
days yesterday, he sounded a little more confident that they might get okay,
23:08
roccing battle right, rocking battle. Yeah, I couldn't remember his first name.
23:12
Yeah, yeah, that'll be key or helpful and uh hopefully some very
23:17
bad luckalness score right, and they really need points, that's right, need
23:21
some points. We've had some back of buckle on those decisions. But maybe
23:25
the fact that it's taking a little bit longer is good for us. Yeah,
23:27
but who can figure out the NC double A? I don't know.
23:30
I mean all these a lot of these decisions, like whether it's w V
23:33
or it's in C double A for whatever reason, we don't really I haven't
23:37
read like these rejection letters to say, do they just have such discretion that
23:42
they don't really have to even explain much. I wouldn't think so so,
23:47
but maybe. But I mean, you think you get something in writing,
23:48
like here's our decision, and then normally there's some kind of administrative appeal process.
23:53
But I guess that's what we're getting is the final part of that tract.
23:57
Record hasn't been very good on their bills, and we'll see what.
24:02
But there's some was the Perez was allowed to play. He's just not on
24:07
the team anymore, but there was some of these kids in Battle might be
24:10
in the situation where basically they transferred while the rule essentially indicated they were sure
24:15
shot to be able to play. And then now the rule was changed somehow
24:22
by NCAA after the student athlete has changed schools. Now there, I mean,
24:26
there could be some legal concepts there if somebody took that you know,
24:30
the coord and so well, you know you can't do the switcher reel on
24:33
me after I relied upon what the rule was when I changed. You know,
24:37
there's some legal concepts that might apply there. I don't somebody talks about
24:41
final lawsuit. Every one of the decisions and it just never came to for
24:44
a WSH and I can't remember who it was, so it'll be interesting and
24:48
a nice job to Wayne on that. That's good on five adwhs. Tom
24:53
Payton's with us of the Peyton Law Firm in Nitro. Yeah, those were
24:56
the five justices that were there. Sometimes you have just hours played a big
25:00
part in pulling this together. And it was real cool to have all the
25:03
justices down in Putnam County with all five actually sitting. Justices were the ones
25:08
that heard the arguments. We didn't have a they'll plug in a circuit court
25:12
judge if there's a convict or something, but there were no conflicts in these
25:17
four cases, and it was too trum two criminal cases to civil cases.
25:21
It's kind of interesting. The kids got to watch the arguments, and because
25:25
we'd helped them out beforehand, they knew the background. And then you know,
25:27
obviously, when you hear arguments at the Supreme Court, you know there's
25:30
no like Judge Judy where they ruined one way or the other right there,
25:34
and you can't tell which way they're going to rule right for sure. Now
25:38
you can get a tone. But I've had cases at the Supreme Court where
25:44
where I was getting peppered with questions and critique from one of the justices.
25:48
Well, then when they come out and issue their written opinion, that's the
25:51
justice that wrote it, and that's and the opinion was in my client's favor.
25:55
So he was just probably throwing questions at me that he might be getting
26:00
from his fellow justice about why he has the opinion he held, and then
26:03
it you know, was using me to to to see what I would say
26:08
to the questions he might be getting as they deliberate on their decision. I
26:11
talked to Judge Bunn on the phone, yeah, from from Buffalo High School,
26:17
and she was we always able to talk to her on the phone,
26:18
and she talked about how you know, she she really enjoys going out and
26:25
she thinks it has a lot Also she mentioned like respect for government, respect
26:27
for the process right, and how how is you going to garner that respect?
26:33
You know, unless these kids really know how it works. That's right,
26:34
That's that's really important. And you know the fact of the matter is
26:37
all these are all oral argument before the Supreme Court as far as I know,
26:42
is public. I mean, anybody can go. But you know,
26:45
the you know who what normal people are going to go travel to Charleston and
26:49
sit to watch oral arguments at the Capitol building. I mean, these kids,
26:53
probably most of them would never have seen that process at work unless but
27:00
for this program. So I'm not sure who. Uh I know, Judge
27:06
Tours uh the Circle, one of the circuit judges in Putnam County kind of
27:10
pulled it together, I believe. But hopefully we can get the Supreme Court
27:12
back down there another time because it went really well. All the just the
27:15
uh Geno's also helped with the food afterwards, so we want to give them
27:19
a shout out. But uh yeah, and the justice were able to they
27:22
stayed after the arguments and I ate lunch with the kids and that kind of
27:27
thing. So it was a really good opportunity to kind of put what happens
27:32
at the highest levels of government in West Virginia in front of the kids so
27:36
they can see how it works. And then you know, two of the
27:37
criminal cases, you know, uh, these are cases that have been going
27:41
on for quite some time, and you know they were convicted and sent sentenced
27:47
to prison. So and then but actually I know one of them that that
27:51
one of the cases I was zeroed in on for the poker students, that
27:55
person had already discharged their sentence and we're on parole one of the two.
28:02
And so really this appeal, I think she had discharged her complete sentence.
28:06
She was off, she was done. So this appeal is just whether she
28:10
stays convicted of three felonies or not, because she's already served out her sentence.
28:15
And actually the students asked, where was your client, and this lawyer
28:19
had never even met the client in person, rested upon the response I heard,
28:23
and so just didn't do the trial. You had a different lawyer arguing
28:27
the appeal than actually tried the case. So that was interesting. But yeah,
28:33
so we'll wait for those decisions to come out. Then we'll be able
28:36
to get those to the students and have them take a look and see,
28:38
well, here's how it came out. Now here's the result. And better
28:41
civil case we had in my group was just a person who was shocked by
28:45
a hot power line up in Mond County, hurt really bad and in case
28:52
ended up being dismissed. And then this is the injured party appealing saying we
28:57
should have had a right toury trial and a lot of the kids are how
29:02
come I thought you had an absolute right to have a jury trial, which
29:06
you do in a criminal case generally for some jail time involved. Even if
29:10
you it looks like a slam dunk for the prosecutor, for example, you
29:14
still have a right to a jury trial no matter what, and the government
29:17
has to prove. Now, civil's different. Yes, you can request a
29:19
jury trial and you will always get a jury trial ultimately unless your evidence is
29:26
insufficient to get to that point. And that's what the judge found up in
29:29
Morgantown. Actually, Judge Tucker, I think, had dismissed it, which
29:32
I think she's retired. Now he goes back, there'll be a different judge
29:36
hearing it. But that's an interesting one and we'll see all that comes out.
29:40
So the students are monitoring it and they're into it, and maybe one
29:45
of the will get in the legal field because we'll see, Yeah, three
29:48
or four three four five fifty eight fifty eight coupable minutes left with Tom any
29:52
questions about the law. Three or four, three four, five fifty fifty
29:55
Another kind of interesting development we had in the legal world here in Kanak County
29:59
this week. And we know we've done stories you've handled abuse and neglect cases.
30:03
I mean, it's just to overrun the court system over the last several
30:07
years because just of all the situation with the drug epidemic and everything, there's
30:11
a lot of difference, a lot of different neglect of the Department of Health
30:18
and Human Resources over a number of years and not funding it and not addressing
30:22
it correctly. Not just the court systems are overwhelmed. They get you know,
30:26
the court can't. Court only gets the cases that are put before it.
30:30
I mean, the whole d DHR or CPS system is completely completely overwhelmed.
30:34
But yet you're referencing the article where Judge Acres was I would say,
30:40
called the prosecutor'sternally addressing with the Kenaw County Prosecutor why some of the cases hadn't
30:44
moved along faster, and particularly what I heard from my perspective is that some
30:48
orders weren't being done as quickly or as they should be, or at all.
30:52
So when a court makes a ruling from the bench, ultimately they speak
30:56
to their written orders, so somebody has to type up that order that the
30:57
judge signs. Usually it's sometimes the judge will do it. My experience with
31:03
these type cases where the prosecutors representing the Department Health and Human Resources is almost
31:07
uniformally, the prosecutor drafts these orders and so they'll say when the next hearing
31:11
is, I'll say what the parties must do. But maybe more importantly,
31:14
a lot of these cases where kids are removed from the home are subsidized cases.
31:18
So there's federal benefits and things that come along with those that can help
31:22
the families that are helping take care of these kids that aren't the abuse abusing
31:26
parents. And you've got to get certain technical language in those orders. You
31:30
know, if you haven't done an abuse in the neglect case and you get
31:33
an order from the prosecutor, if the hearing, you'll be surprised because,
31:34
well, this has got all this language. The judge didn't say, well,
31:37
that's just language that we have to put in there, and there's certain
31:40
findings and things that have to be referenced in order to kick in those benefits.
31:44
I think that's probably a little bit where judge akers might be coming from,
31:47
is because some of the placements and some of the benefits for those adults
31:52
stepping up to help these kids won't go through unless you get these orders entered
31:56
and unless they have you know, the correct language in them to make sure
32:00
that you know, when it's simp to get the federal benefits, that box
32:04
is checked. And so I think that's some of her some of her frustration
32:08
there. I mean, it was and it was unusual because there was a
32:12
lower case lead and also just skyrocketed maybe within a year or a matter of
32:15
months even and and and the prosecutor, you know, he's had trouble with
32:20
turnover and and and that kind of thing in the office. And so it's
32:22
it's difficult when you have young lawyers that you know, aren't experienced, especially
32:27
if the if there's too many cases going with the prosecutor. But and it's
32:32
tough because because prosecutor has to represent all of those cases. That's right,
32:37
So the prosecutor normally in a criminal case is representing the kind of the public
32:42
interest at large. It's been the prosecutor by statute is representing the Department of
32:47
Health Human Resources in civil abuse and neglect cases where it involves parental rights and
32:52
so and there's been some case law in this. You know, the prosecutor,
32:55
uh, you know, discretion they would have in a criminal case,
33:00
they don't necessarily have the and the abuse and the GLECT case because they have
33:02
to do what their client directs them to do generally as long as its not
33:06
unethical or something. So they'll have a DTHR person tell them here, let's
33:08
take this position on this issue or that issue. So they're they're representing a
33:14
public entity, but they actually have a person kind of a legal person that
33:16
is their client. And so then they need to get these orders drafted and
33:22
get things moving along. And you know DTHR provides the information to the prosecutor
33:27
then a backlog of getting them moving along for whatever reason. And I think
33:31
Chuck Miller said that as of last Friday they had like eight hundred and twenty
33:37
four active abuse in the GLECT cases. That's ridiculously high. I mean,
33:44
you just not go be able to give them the I mean unless you have
33:45
increased the budget. I mean, you can get more experienced prosecutors to handle
33:50
those cases, but you know you're gonna have to address it financially to entice
33:53
folks to come and do that type work. Tom Payton, Peyton Law Firm
33:58
and Nitro tell us about the Yeah, so we talked about a lot today.
34:01
But yes, what we do are kind of bread and butter is civil
34:05
litigation on the plane of sides. Have you been heard or had a family
34:07
member heard or hopefully not. But if somebody killed in an accident, any
34:13
type of accident, and uh, that's the kind of case that we handle
34:16
when we handle them against insurance companies normally who ensure those type claims, a
34:22
lot of automobile accidents. But because we're a suburb firm, we're trying to
34:25
help people. We do a lot of different work as well, kind of
34:28
like the everyday western you needs done. Small business works, some deeds wills
34:31
we do so, scured disability, a little bit of criminal defense, not
34:37
very much family law, but I'll do some of it depending on We're very
34:39
selective on the cases that we take, but we do some of that.
34:43
But if you have a legal question, are in a situation where you have
34:45
a car wreck, you might not need a lawyer, but if you want
34:47
to make sure that you don't do something wrong or make a misstep, contact
34:52
us fairly quickly after the accident. Maybe a case where we don't represent you,
34:54
but we can lead you down the right path. But if you have
34:57
a really bad injury and you want a law firm that gives you personal attention.
35:02
We're not the Walmart. We're not the biggest law firm in the in
35:05
the country. We're not the Walmart law firms, but we'll give you a
35:07
particular attention, and each case is really important to us, and we know
35:12
it's really important to you, so we we give a particular attention, and
35:15
we have funding sources and experience that we think our chances of success are just
35:21
as good as a big Walmart type law firm. And when you call,
35:23
we'll actually know who you are and know about your case, and you'll talk
35:28
to the actual lawyer that will try your case if it gets that far.
35:30
And the number to call is yeah, three oh four seven, five five
35:36
five five five six, so three o four seven, munch fives and six
35:39
ye. And you can get ahold of us through our website Peyton Lawfirm dot
35:43
com and brand new looking website. That's right. We just revamped the website,
35:45
so that's good. Still working on it to make it better. But
35:47
you can go through there and send us an email and that goes right to
35:52
the lawyer's computers and we try and respond same day or next day. And
35:54
that's a great way to connect with us because we're running around so often.
35:59
We play a lot of phone tag, So send email if you have an
36:01
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36:04
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