EP 30 Face Palm
The JudgeMental Podcast – Episode 30
In this episode of The JudgeMental Podcast, Christine and Hugh return to the studio after a month away to dive deep into the realities of family court, courtroom management, and the challenges attorneys face in front of the bench.
Christine shares her candid experiences from Jessica Stone’s courtroom, discussing the complexities of business taxes, the role of court-appointed experts, and the importance of clear judicial decision-making. Hugh offers his perspective as a seasoned attorney, reflecting on courtroom dynamics, attorney advocacy, and the impact of judicial transparency.
Key topics include:
Navigating family court and business tax issues
The pros and cons of court-appointed experts
The importance of effective courtroom management
Attorney strategies and the risks of negative advocacy
Real-life stories from the Kentucky legal system
Plus, Christine and Hugh tease an upcoming update about the judge-y app and website, designed to help attorneys and litigants navigate the court system more effectively. Stay tuned for more details on judge-y in the next episode!
Listen now for an honest, behind-the-scenes look at the legal world, only on The JudgeMental Podcast.
For more resources and updates, visit judge-y.com.
Transcript
You are listening to
The Judgemental Podcast.
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:We're Hugh and Christine, the Minds
Behind Judgy, the revolutionary app
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:that empowers you to judge the judges.
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:It's pastime for judicial accountability
and transparency within the courts.
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:Prepare for sharp insights, candid
critiques, and unshakable honesty from
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:two lawyers determined to save the system.
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:We need some justice.
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:Justice, my fine justice.
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:And I wanna ring, be in public.
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:I wanna ring, be in public crowd.
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:Yeah.
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:Christine: All right.
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:Well, it's good to be back in the studio.
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:Let's go.
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:It's been a month.
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:I got lost on the way here.
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:Seriously.
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:Hugh: Oh my gosh.
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:It's gotta be, it feels like
longer than a month, to be honest.
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:Christine: Yeah.
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:We did a lot remote and we had,
we've had so many things going down.
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:I guess we can just jump right in.
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:We're gonna have an update at
the end for you about the app.
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:Hugh: Oh, okay.
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:Christine: We're gonna make this short
and sweet, but we went to court on
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:Monday and I kind of think I misbehave.
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:Hugh: You know, I didn't notice.
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:I know that somebody told you, you
gotta stop, like, making noise or like
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:snickering or laughing or whatever.
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:, I was sitting right next to
you, I didn't hear anything.
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:Now it could have been all of
the thoughts in my head that were
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:happening so loudly and the LOL the
alarms going off from what I was
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:seeing, but , I really didn't notice.
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:Christine: Yeah, we were in
Jessica Stone's courtroom.
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:Y'all, she ran for judge because she went
through, I mean, , I do think there's
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:altruistic reasons for why she ran, to
give her some of the benefit of the doubt.
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:She'd gone through a divorce and
thought the system was a mess.
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:She's an attorney.
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:She's
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:Hugh: right.
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:Christine: Yeah.
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:Hugh: I mean, what, what she said
when she was running about it, needing
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:help and all, all, all correct.
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:Christine: Yeah.
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:But she is.
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:I don't have the words and sometimes I did
TikTok on this, but I really, sometimes
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:I can be, you know, the C word or I can
be dramatic or I can be intense or I
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:can be tongue in cheek or I can be mean.
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:Hugh: And you don't mean
collusion or conspiracy?
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:No,
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:Christine: but like, I'm
not even trying to be mean.
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:Like somebody needs to
step in and help her.
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:I'm happy to volunteer
my time to help her.
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:I hope the attorneys help her.
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:Some of the other judges she has an
absolute inability to understand anything.
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:Worst courtroom management I've ever seen
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:Hugh: I definitely don't think it
was like, I disagree on the work.
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:Worse courtroom management, , I've
seen worse and I've seen motion
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:hours that lasted much longer
because you know, without, without
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:getting into , who those were.
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:Now as far as how you.
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:You react and how you handle
the arguments in front of you?
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:I don't know that I've seen worse.
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:Yeah.
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:But the courtroom management side, sadly
I have, I have seen worse, but it was, I
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:maybe, maybe I didn't notice you making
noises or doing anything because I wanted
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:to just, I, in my head I'm screaming out.
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:Christine: Yeah.
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:Hugh: You know, she, she's trying to
sort out what was being said and I
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:just, there's part of me was just like.
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:They're saying this.
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:Yeah.
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:This is what they're saying.
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:Not that you're, I knew exactly how she
was mishearing it, and the parties didn't,
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:you know, the attorneys arguing wouldn't
know exactly like how to say, no, judge.
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:That's not really what we're saying.
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:Yeah.
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:And I'm wanting to scream
it, and it was so painful.
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:Just sit
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:Christine: and watch.
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:Well, I think that one attorney
in particular was taking advantage
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:of the fact that the judge didn't
have any idea what was going on.
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:I mean, y'all, this was like really,
I would say a pretty basic motion.
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:It was talking about taxes and
people that own their own businesses.
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:There's a different tax date
than there is for everyone else.
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:I mean, and people file quarterly.
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:This is not this is so basic for
anyone that's ever run a business.
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:Right.
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:Hugh: Yeah.
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:I will say that.
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:Throughout my time my, one of my
biggest pet peeves across the board
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:in family court was I never felt
like I went in front of a judge
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:that properly understood how to look
at business taxes, but, oh, yeah.
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:I know from my practice, in certain
cases, you know, that five was one
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:of the worst places you could be if
you're dealing with business taxes.
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:And , I've even seen her.
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:Look at gross income on a business
bank account and impute that as income.
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:Yep.
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:For maintenance purposes, which
is not statutory whatsoever,
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:has not, you know Right.
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:It completely ignores.
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:We have a statute that says what
income is, but it requires you to know
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:how to read a business tax return.
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:Yep.
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:And I've always struggled
with that in family court.
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:I've, , I've used for a long time, I
would have financial experts come in.
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:Oh, I think there's financial experts
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:Christine: all over.
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:And y'all, this, we go into
it this deep on episode six.
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:Yes, I do have all of
the episodes memorized.
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:It's weird.
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:Good on
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:Hugh: you.
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:Good on you.
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:Christine: But this was not even,
and in this case in particular, there
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:is an expert that everyone's paying.
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:I mean, just handing
out experts like crazy.
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:But this was literally
just about filing taxes.
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:Yeah.
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:Hugh: There, yeah.
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:And the, I mean, the argument.
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:, I won't say how long, 'cause
I didn't look at my watch.
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:It sure felt like it went
on for like 15 minutes.
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:Christine: It was, it was over a 0.2
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:just instinctually.
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:And I remember just being
like, make a decision.
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:Make a decision.
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:But then it was like, and the way
that one of the attorneys spoke so
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:negatively about the opposing party.
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:Yep.
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:That is one of my pet peeves for judges.
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:Nip that shit in the bud.
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:'cause all it does is just
kind of radicalize the party.
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:But this one attorney,
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:Hugh: yeah, that's true.
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:Christine: And she's
a high asset attorney.
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:She just talked about this woman as though
she was a dog and just talked about how,
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:you know, there was an argument about
whether or not a state judge can order
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:someone to sign a tax return without
reviewing it, and it was just silly.
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:You know what I mean?
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:It was stupid.
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:Hugh: Yeah.
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:But I was looking at it, you know,
from the attorney's points of view,
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:I didn't have an, I mean, they
were advocating for their client.
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:They were taking advantage of the
forum where they were arguing.
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:I mean, yeah, you could see what
was going on, but it was, to a
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:certain extent, smartly played.
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:I mean, it may not be the best game, it
may not be the cleanest game to play,
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:but as an advocate, , if you have,
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:Christine: I'm gonna go hard on the
opposite side of that, because as
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:an advocate, what you're doing is
you're increasing, you, you should,
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:there should a balance there, right?
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:Oh,
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:Hugh: there's definitely a balance.
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:If you create the, but she's increasing.
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:Yeah.
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:If you create, if you increase the
acrimony, so if the parties were
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:there and that happened, like.
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:I always found, you know, show my age back
when for the first half of my practice,
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:people mediated in the same room.
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:Yeah.
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:The mediators would insist on it.
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:It was awful.
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:And you had people just started
the mediation by, the attorneys
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:would get to make a statement and
they would sit, you know, the other
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:attorney would bad mouth your client.
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:Immediately, no one will settle.
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:They're all dug in and
it was the dumbest thing.
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:And I started insisting on, on
mediating separately because of that.
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:So I agree with you if they're sitting
in the same room, but when you're sitting
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:in front of a judge that if you paint
someone as the bad guy, they just get
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:in their head that they're the bad guy
and they start ruling that way, you
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:kind of know how to manipulate that.
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:Well that though, when you're the attorney
in court and the clients weren't sitting
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:in there and weren't necessarily gonna.
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:Hear those comments.
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:So I think that was for
the specific audience.
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:Christine: Well, they're gonna run
home and tell their clients, but I
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:think if attorneys are doing that,,
I think that's unprofessional.
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:I, yeah, , I think it's borderline
sanctionable because what the
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:attorney is doing though, is
if you essentially testifying.
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:Hugh: If you are saying, yeah,
but you're making the argument,
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:well, so here's what we don't know.
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:We don't know how many times they've
come in front of the court, right?
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:Because someone hasn't complied.
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:Somebody is trying to get
someone to sign a tax return.
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:I agree with you.
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:If they've already been in front of
the court a lot because someone has
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:not been complying and you are re just
reminding the court that this person
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:never does what you say is never, you
know, if that's what you're saying.
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:Christine: I didn't like it.
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:Hugh: I think that's fair game.
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:If.
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:You are bringing facts in that
haven't already been presented
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:to the court at past times.
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:It sounded to me like this case
had gone on for a long time.
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:One party had been in non-compliance on
a whole lot of things and the attorney
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:was sort of reminding the judge of that.
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:Well,
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:Christine: and I think
that I could be wrong.
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:You are wrong.
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:I could
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:Hugh: be wrong.
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:Christine: Yeah, you are wrong.
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:'cause I looked it up.
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:Oh,
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:Hugh: okay.
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:I looked it up
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:Christine: in depth and now, 'cause this
is one of those I saw and also there's an
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:attorney on there that just personally.
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:I've seen things, let's put it like that.
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:Okay.
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:But I did read everything, and this is one
of those cases where they have a expert
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:that's appointed essentially just to
explain things to Judge Stone, which now
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:that being said, I mean, that might make
sense 'cause Jesus take all the wheels.
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:Hugh: I, I mean, listen, I used
to have to do it before the tax
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:code changed in whatever, 2018 and
maintenance was taxable to the payer.
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:No to the payee.
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:Sorry.
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:Yeah.
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:Yeah.
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:It's taxable to the payor now.
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:I see that the payee
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:I would always get, you know, the
judges would say, okay, you make
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:X amount, here's your expenses,
and then just forget about taxes.
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:Never take into account taxes
when determining whether
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:someone had enough to live on.
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:They just didn't do it.
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:And I would, I had someone that
fortunately didn't charge me
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:a whole lot, it was like 300
bucks, but she would come in.
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:She would testify for like 20
minutes to explain how that worked
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:and still it would get screwed up.
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:But the same person I would have come
in and testify about how business
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:taxes were, and she was an accountant
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:Christine: and so that's brilliant.
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:And any person, this is America.
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:So if you have a hundred thousand
dollars to spend on litigation, no, this
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:Hugh: was like 300 bucks.
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:I just found someone because they
were helping my clients who didn't.
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:Christine: But my point is it
wasn't a court appointed expert.
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:It was your
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:Hugh: expert.
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:No, but I had to do it because
I knew Okay, that the, the
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:judge wasn't going to get it.
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:Right.
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:It would at least give me a
chance of getting a ruling.
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:I didn't have to appeal.
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:Christine: Well, I think that gives
us, though a great way to pivot.
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:I, I have no problem with experts
to explain stuff to the court,
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:but in this particular case,
there is a court appointed.
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:So with that court
appointment comes immunity.
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:There's a pointin court appointed
expert to explain things justice.
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:I didn't
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:Hugh: understand that that was
court appointed in that case.
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:I thought they were just, they kept
referencing the account and I didn't
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:realize that it was court appointed, and
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:Christine: I've never seen
that, and that's dangerous.
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:A court appointed
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:Hugh: accountant, I've tried to
get it where we, I wanted some
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:accountability and, and I wanted a
court appointed accountant who would
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:feel that they can't be just, you
know, speaking to only one side.
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:And now we know how with court
appointed, that doesn't guarantee
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:it, but at least, mm-hmm.
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:You had, you, you would hope, and there
are certain accountants do do a lot of
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:the work within the court system and
I have, I don't have issues with them.
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:I think they've done,
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:Christine: it depends for me.
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:Hugh: I mean,
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:Christine: I wanna caveat
real quick 'cause I wanna
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:be careful with what I said.
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:If in any way I misspoke, if anything
I misspoke, we'll clear it up.
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:Okay.
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:It's my understanding as
a court appointed Yeah.
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:Expert.
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:Yeah.
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:Hugh: I was simply saying that when I
was listening to it, I formed my opinions
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:based on thinking, you know, there
were some assumptions 'cause I'd never
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:looked at the case before and it just.
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:You would've thought, I mean, my
main thought was you, if you read
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:this motion beforehand, you would
have a ruling already in your head.
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:No.
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:You would ask the questions you needed
to make sure your ruling was right.
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:Then you would move on.
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:Yeah.
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:It was clear that you're coming in
there not knowing anything about it.
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:The attorneys are having to go in and
anytime you allow an attorney to explain
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:the situation, they're going to spin it.
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:Yep.
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:That's what we do.
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:Yep.
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:If you read the pleadings, which.
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:Attorneys still spin things in
pleadings, but were constrained a
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:little bit more in written pleadings.
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:You can read it, you get to ask the
questions at motion hour to figure
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:out the things you might not know
need to make a ruling, but you don't
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:wanna go in and have like a mini
hearing where, okay, what do you say?
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:Okay, what do you say?
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:And then the worst of it
was the thinking out loud.
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:That's what scared me.
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:It was like anytime there was a question.
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:Christine: And tell me more.
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:'cause Yeah.
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:I want listeners to follow
who was thinking out loud?
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:Oh,
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:Hugh: the judge.
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:The judge was thinking out loud.
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:Mm-hmm.
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:And well, so if I find this,
don't I have to do that?
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:And it was like inviting the
decision into group discussion.
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:And it was just like having
this open dialogue on your
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:thought process going through.
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:And I, I get how.
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:No, you know, someone might want to
be, I wanna be transparent, here's
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:what I'm thinking, blah, blah, blah.
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:But that, it just wasn't helpful and
it just allows you to be manipulated
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:because I'm sitting there with my attorney
hat on 'cause I'm sitting in court.
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:Yeah.
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:And.
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:Every time you tell me what your thought
process is, I'm thinking of what I'm gonna
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:say next to guide you in my direction.
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:Mm-hmm.
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:And you're just allowing
people to to game.
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:To game things.
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:I don't want to, I, God, I don't ever
want to judge sitting there and being so
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:transparent that they're talking through
how they're getting from the X and y.
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:Okay.
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:And
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:Christine: I know how smart you are
and like constantly, like in your head,
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:you're constantly thinking of things
like, I'm the same way, like the voice
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:in my head's going 400 miles an hour.
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:Honestly, I think for this judge
that that's her internal voice, it's
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:that slow and it's that not bright.
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:Hugh: Oh.
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:I don't know.
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:I, I don't, I don't know her personally.
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:I don't, yeah, I mean, you,
you may be right and God, God
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:help us if, if that's true.
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:But I, I,
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:Christine: okay, I'm gonna tell a story
and I said I would never tell this story.
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:We, Jessica Stone and I ran at the
exact same time we ran in:
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:She was running for district
court judge at the time I was
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:running for circuit court.
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:I won't to say who I was covering for,
but I was covering for another criminal
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:attorney, going to district court,
something that was a theft from Walmart.
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:Literally, it was like the no one cares.
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:Okay.
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:And I was covering for the attorney
and the attorney's like, Hey, I
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:just need to get a, this video
because there's other circumstances.
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:Honestly, I didn't even listen.
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:Criminal court, the
attorney wants the video.
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:That's all that matters, right?
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:Hugh: Sure.
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:Christine: So it was pretrial.
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:So I had Jessica Stone was
the prosecutor at the time.
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:And I went in there and she was like,
well, one, why are you in this room?
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:And I was like, well, because
this is where, this is the room
357
:that I was told to come to.
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:Do you know what I'm saying?
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:So then it was, she was.
360
:Raging.
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:And I was like, okay, we're campaigning.
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:I understand everyone's stressed out.
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:And I was like, so and
so can't be here today.
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:So and so is gonna be on Zoom.
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:Realize.
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:She's like, do you realize court's
not on Zoom anymore and the judge
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:is going to blah, blah, blah?
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:And I'm like, I don't care.
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:It's not my case.
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:It's a misdemeanor at Walmart.
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:No one cares.
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:Hugh: We, yeah, we just can,
can I get the video please?
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:Yeah, please.
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:With the cherry on top.
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:Can we just do that and let me move on?
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:Christine: Yeah.
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:And so she's like, well, the judge isn't
gonna let you do the, I said, fine.
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:Let's at least give me the folder so
I can take it in front of the judge
379
:so I can explain this to the judge.
380
:And if the judge wants to set it for a
jury trial this afternoon, I'll wing.
381
:Because this is stupid and no one cares.
382
:You know, you're not gonna
have your witness here.
383
:But she was just so, I mean, and
you get this a lot with prosecutors
384
:in Louisville in particular, they,
they think they have this godlike
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:complex, but it got really like heated.
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:And I remember just being like, I
don't wanna, this is not something
387
:that I ever wanna pick up, fight with.
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:I'm literally just
covering for an attorney.
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:This is like, whatever, you know?
390
:And I called the attorney
up and I was like.
391
:Please tell me that you slept with
this woman's husband or boyfriend.
392
:I don't know if she's married or
divorced or whatever at the time.
393
:And she was like, I have
never heard of this person.
394
:Because the reaction from Jessica
Stone, it was almost like it was
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:Hugh: a personal hatred or something.
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:It had to be,
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:Christine: yeah.
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:And and also just unnecessary and dumb.
399
:And I really think, you know,
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:Hugh: it sounds, it sounds like
that viral video we watched Yeah.
401
:Where the person just wanted to get.
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:You know, and filed something and
the court went off just like you
403
:don't have to file those things
and you just, yeah, I don't know.
404
:Christine: But she had no idea.
405
:I mean, at the time I thought that was
stupid with criminal, but whatever.
406
:And, but she doesn't have any
understanding of, we watched
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:this over and over and over
again in her courtroom where.
408
:She's thinking out loud.
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:You have to just make
a decision, you know?
410
:Yeah.
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:She's too easily persuaded by
attorneys that can manipulate her
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:Hugh: well, and And she
sets herself up for it.
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:Yeah.
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:So I've seen that happen.
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:I've seen certain people
that were good at it.
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:I've been frustrated that when I was
trying to do it, someone else did
417
:it better than me, and that was sort
of the game that was being played.
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:But, and
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:Christine: that's funny.
420
:Hugh: I, you know.
421
:I, I agree with you.
422
:Not having, not known her personally,
but knowing sort of the backstory that
423
:she came into it, trying to fix things.
424
:So, yeah.
425
:So from that point of view, I can
see going on the bench and trying
426
:to be very transparent about how
I'm thinking and all this stuff.
427
:And, and to be fair, her demeanor's nice.
428
:Like she does, she's not one of those
that's going in there and yelling at
429
:everybody on the bench like some of the
others, but she's, it's almost like.
430
:Let's all sit down and talk this
through, and it's just like, that
431
:is the exact opposite of what Yeah.
432
:You need from the bench.
433
:Like the attorneys, if they could
have talked that through Right.
434
:They wouldn't be standing
there, I promise you.
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:Right.
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:The attorneys like, I
didn't mind going to court.
437
:In fact, I liked it on a lot of things.
438
:Yeah.
439
:Attorneys, no matter how.
440
:How much they just love billing
for everything or whatever.
441
:Nobody wants to be in front of a judge
unless it's necessary and overtime's
442
:stupid, and especially not motion hour.
443
:Yeah, motions hours.
444
:Motion hour sucks because he just
takes up so much of your time.
445
:Especially if you're over there in person.
446
:It's cutting out so much of your day that
you could be doing other things and so
447
:much of it's not billable 'cause you're
traveling back and forth in his wait time.
448
:Just if they could have worked
on this by having a, like a round
449
:discussion, they wouldn't be there.
450
:It's you that gets to just
ask the questions you need
451
:and to make the decision.
452
:Christine: Yeah.
453
:And it should have been made.
454
:I mean, and one of the attorneys,
y'all, I wanna be clear like.
455
:This attorney was literally being
like, your Honor, go to 0.1,
456
:add these words.
457
:Go to 0.2.
458
:Yeah.
459
:Add these wor I've never
seen that, that I can recall.
460
:Hugh: Oh, I have, I've seen it
where FOCs tell judges exactly what
461
:to write in there and they do it.
462
:I have seen that, but,
463
:Christine: but not an emotion hour.
464
:Not like this.
465
:Hugh: No, no.
466
:I've seen it.
467
:, I've seen it overturned as well,
but no, this was, yeah, it was.
468
:Christine: Yeah,
469
:Hugh: that
470
:Christine: was y'all.
471
:If you're not watching us on YouTube,
it was literally, he just said it
472
:with his face and body language.
473
:Hugh: Yeah.
474
:It was just, it was tough.
475
:It was painful.
476
:It was really tough.
477
:It was like squirming in the seat.
478
:And I remember because the
motion hour had gone so long
479
:that the next one had started.
480
:Yeah.
481
:And there didn't seem to be any
more interesting motions or anything
482
:really to report from five years.
483
:Like, do you want to go on to the
next or do you wanna, I was like, yes.
484
:Like, yeah, let's get
outta here right now.
485
:Like this is, this is like.
486
:Painful.
487
:It was very painful.
488
:And
489
:Christine: then there was one case
that was like, well first off, that
490
:attorney that was on Zoom, there was one
attorney on Zoom, one attorney on person.
491
:The attorney on Zoom
just kept talking over.
492
:So I look for patterns too.
493
:Like on that first case we were
just talking about I, the reason I
494
:went and researched it is because
it was like, what's that saying?
495
:Doth protest too much.
496
:Hugh: Yeah.
497
:Christine: And I was like, this attorney
is just sitting here trying to vilify this
498
:other person in a way that's just like.
499
:Extraordinary and long-winded.
500
:I wanna look into this
because it's, she lost me.
501
:Like,
502
:Hugh: did the judge
say something about it?
503
:One of somebody that we watched said
something about speaking negatively,
504
:like just reminded somebody to,
to dial it back a little bit.
505
:It wasn't, I can't remember
who that was, wasn't
506
:Christine: I Now she did.
507
:When you had the person on Zoom, we're
not gonna mention attorney's names.
508
:I'm not going to right now, but the
person that was on Zoom that she was just
509
:talking completely over this attorney.
510
:Oh, that's
511
:Hugh: right.
512
:You wouldn't let the other one speak.
513
:Yeah, yeah, yeah, yeah.
514
:It
515
:Christine: was, it was astonishing.
516
:It was borderline.
517
:If you do it again, I'm gonna
find you a hundred dollars.
518
:'cause she wouldn't stop.
519
:Hugh: Yeah.
520
:Christine: And that's,
521
:Hugh: I mean, that's
what you want them to do.
522
:Christine: Yeah.
523
:Right.
524
:You want the judges to say, I mean, that's
525
:Hugh: what do you want the judge to do?
526
:Christine: But this was, it was
interesting 'cause it seems like it had
527
:been on last week for the same motion,
and then the motion had been like the,
528
:the judge immediately again tried to
defend herself or defend her staff.
529
:And that's what got my ears perked up.
530
:It was like, well, your motion,
you didn't leave blanks.
531
:Which I don't even know what that meant.
532
:Hugh: Oh, I forgot about this one.
533
:Yeah.
534
:Oh God.
535
:I, and then it, it
536
:Christine: was like we printed it out,
blocked it out, and it was like one page.
537
:But so, but then there weren't
blanks and it's like, so this is the
538
:Hugh: one where the staff threw the motion
539
:Christine: allegedly
540
:Hugh: away.
541
:Christine: Yeah.
542
:Hugh: Well, no, it, it was
alleged when before discarded
543
:discard is what the words, yeah.
544
:Oh, discarded.
545
:Yeah.
546
:Okay.
547
:So I don't know what other
things you can do to discard
548
:besides throwing something away.
549
:I guess presumably you could eat it or you
could, I mean, I would imagine the best
550
:case scenario would be throwing it away
giving the staff the benefit of the doubt.
551
:But it was allegedly until we went
in there and the judge then was
552
:just like, well, the reason it
got discarded, it was like, oh.
553
:Now on the record.
554
:Yeah.
555
:We, we, we, we, we admit
that we, we got rid of it.
556
:We threw it away, which is
557
:Christine: a crime.
558
:Hugh: It, yeah.
559
:I mean,
560
:Christine: I don't know
561
:Hugh: if it is for the court itself.
562
:If I went and did that, then I would be
locked up and should be, yeah, yeah, yeah.
563
:If I went into, you know, went
into chambers of review a file and
564
:pulled something and threw it away,
565
:Christine: but the judge's
excuse was saying, well, it was
566
:just one page and it was like.
567
:Okay, so if you file something
through the circuit clerk and it gets
568
:like, you file it electronically,
it goes to the circuit clerk
569
:Hugh: and you have to file electronically
570
:Christine: now.
571
:Yeah.
572
:And they like put it through their
little thing or whatever, and then they
573
:print it out and put it in the file.
574
:So to me, if I looked and there was
a one page motion without blanks,
575
:because I guess last time they were
talking about blanks, I'd be like,
576
:Hey, they only printed one of page.
577
:Hugh: Go get, get a copy of this?
578
:Yeah.
579
:Or you know, I can log in and I can pull
a copy of any motion that's been filed.
580
:It seems like that would've been
the thing to do, to tell somebody,
581
:Hey, would you mind logging in?
582
:Getting a copy of the file?
583
:Only has one page of this.
584
:Yeah.
585
:Not, I mean, how do you go
from there to, well, it only
586
:printed one page of the motion.
587
:Let's just throw it away.
588
:So we thought it didnt belong
and not put another motion in.
589
:Yeah.
590
:And we'll just pretend.
591
:And eventually the person who filed
the motion will figure out we're not
592
:doing anything and file it again.
593
:Well, yeah.
594
:Like is that what was gonna happen?
595
:Christine: I guess because then
she said, you know, I'm sorry Mr.
596
:Attorney, that you had
to go file the motion.
597
:You didn't do anything wrong.
598
:But if it's true that someone discarded,
which I think that's the exact verbiage,
599
:they said that person should be terminated
or they should be doing something else.
600
:That's way too dangerous.
601
:And like your first thought is
when you have a court file Yeah.
602
:And something doesn't look right,
let's just like throw it away.
603
:Hugh: Well, and I will say, you know.
604
:You don't know what's
happening behind closed doors.
605
:, If I were, I mean, the inclination for the
court to defend the staff on that while
606
:you're on the record, is understandable.
607
:And there may be a reckoning
behind closed doors.
608
:I don't know.
609
:I mean, we won't know what happened
there, but it just, there were so many
610
:ways to deal with that without having
to go through that, like just mm-hmm.
611
:Get another copy, put it in the file
and then have the arguments on that
612
:instead of like a 10 minute discussion
about how things got thrown away.
613
:And then the bizarre thing was,
you know, the other attorney
614
:in that case was alleging that
they, what they got was blank.
615
:And yeah, I mean it was like, so
it doesn't matter anyway, judge.
616
:'cause it was just a blank motion and it,
617
:Christine: but then the judge
was saying it wasn't blank.
618
:And that's also something that once the
judge realized that, I don't think you
619
:should ex parte, but the judge should
have emailed both counsel and said,
620
:Hey, let's have a meeting because.
621
:Something went awry here and this isn't
okay because imagine how the attorney,
622
:Hugh: but that happened all
the time in my practice.
623
:If we, if people
624
:Christine: would throw
625
:Hugh: things away.
626
:No, no, no, no.
627
:That, something would get filed.
628
:It would not be complete or something.
629
:There would be, let's just say you
had a case management conference.
630
:Yeah, yeah.
631
:Middle of a case.
632
:People said, okay, we're gonna
submit these by these dates.
633
:Somebody gets something but it's
not complete and the judge wants to
634
:know, is this the complete submission
or was there a transmission error?
635
:'cause I wanna know if I can
take this under submission.
636
:Either the judge, sometimes the
judge, or most likely a staff member
637
:calls says, I'm calling about this.
638
:Yeah.
639
:I'm gonna get the other side on the phone.
640
:Yeah.
641
:Or shoots a group email out.
642
:Yeah, yeah, yeah.
643
:And says, here's what happened.
644
:Can you tell me was this intentional?
645
:Or do you wanna send over
a copy of the full thing?
646
:Yeah.
647
:And it solves it.
648
:Like, how the hell do you get to the
point where you're arguing about why?
649
:Why your staff threw
away somebody's pleading.
650
:Christine: Yeah, I mean it's,
and you know, again, we wanna de
651
:dive and we wanna do a call out.
652
:'cause this is what I notice a lot.
653
:You know, we have a lot of missing tapes.
654
:We do, we have a lot of problems.
655
:And people that have tapes that
have been missing in Louisville
656
:Hugh: and by tapes, you know, old
lady here is referring to the video.
657
:The, the digital video files tv.
658
:Christine: But you know, and I didn't
know that when I was practicing,
659
:Hugh: you didn't know what
660
:Christine: that tapes went missing
or that that stuff was missing.
661
:I really didn't experience that problem.
662
:But if anyone listen, listening is
in division five, or frankly anywhere
663
:in Louisville Family Court, and you
filed something and you have reason to
664
:believe it's been thrown away or was
not made a part of the file, and you
665
:have a receipt where it was e-filed.
666
:Submit it to judge y 'cause patterns
show everything and we can, we
667
:promise to continue to look into it.
668
:I know we're trying to do these a little
bit shorter so y'all can listen to 'em at
669
:work and we can get more stuff out to you.
670
:I think we wanted to talk
about more, but y'all C-L-E-C-E
671
:CLEs for Judge Jessica Stone.
672
:I am not trying to be mean.
673
:, Judges help her out.
674
:Attorneys don't go to that division.
675
:You gotta try to get stuff settled.
676
:Hugh: Yeah, , I agree.
677
:I mean, that's, that's
how I felt initially.
678
:I just hoped that it had gotten
better, but I'm, , I think
679
:it might've gotten worse.
680
:Christine: Yeah.
681
:Hugh: So, I mean, since I practice,
since I was last practicing
682
:earlier, you know, early this year,
683
:Christine: terrifying enough.
684
:All right, judge y.com,
685
:the soon to be app, we promised
you an update and we're gonna give
686
:it to you on the next episode.
687
:Mm-hmm.
688
:Hugh: Bye.
689
:Thanks.
690
:Next call.
691
:We need some justice, justice, justice.
692
:And I wanna ring bells in public.
693
:I wanna ring bes in public nor crowd.
694
:Yeah, but I To the fo Yeah.
695
:I To the fo Yeah.
696
:I to the fo fo teaser.