Monday night is Eddie’s night. Eddie discusses myths surrounding “practicing law without a license”, and then hosts take calls.
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HOUR 1 & 2
Traffic Night
Eddie discusses what constitutes Unauthorized Practice of Law. Eddie reads Texas statutes including definitions. The State Supreme Court outlined that section of law. The judicial branch of government can not create law (including Supreme Court, Court of Criminal Appeals) though they can provide interpretations of law. Therefore it is not a law and is only a rule. Only those subject to rules (employees of court, officers of court) are bound to the rules. The people are not a part of the Judicial branch, so rules of the Judicial branch do not apply to the people.
Eddie reads some of the exceptions that allow non-lawyers to provide legal assistance. They are trying to make an appearance of a small exception to the law.
Two parts of high courts: civil, criminal.
Supreme Court is over civil side. Court of Criminal appeals is over criminal side. Therefore Supreme Court rules apply only to civil side, and not to criminal legal counsel.
Texas penal code 38.123 explicitly relates only to civil court. No penal code deals with acting as counsel in criminal case, nor for civil case that is not for personal damages.
Makeup of Unauthorized Practice of Law Committee. Members are appointed, including three non-attorney members. Duties of committee. State Bar funds the committee. Committee can sue a person, but how does committee show damage and harm?
This is about controlling access to the courts.
1939 State Bar Act.
All members of Bar are judicial officers.
Texas Constitution Article 2, division of powers, is being violated.
Forces most important jobs in the courts to be taken by a bar card attorney, which keeps the people out of the management and operation of the court system.
State Bar is unconstitutional illegal monopoly.
Texas section 81.105, local committees.
Texas section 81.106, immunity.
The system is rigged in favor of the bar card attorneys.
Eddie is working to fix this problem. Eddie appreciates people attending Saturday seminars.
Eddie describes problem of helping someone with their traffic ticket. The person also has an attorney. The attorney is uncooperative.
Eddie discussed with a licensed attorney how to defend traffic cases. Chapter 5-43 implies the person is under custodial arrest during a traffic stop with citation.
Eddie discusses Patrick’s traffic case that has a faulty complaint, and how to press his attorney.
47:17 Hondo in Texas.
Attended last weekend’s seminar. Says traffic seminar materials are worthwhile.
Citation in Lexington for driving with suspended license. Date listed to appear was before the traffic violation. Court corrected the problem by changing the date of appearance and that pretrial motions must be submitted seven days before the pretrial date. Entitled to copy of complaint no less than ten days prior to any proceeding. Citation does not meet requisites of a complaint and you can’t plead to a complaint. If there is not complaint in the record, file complaint against judge for summoning you without a complaint.
Summons must be signed, issued by court, and follow same form and procedure as felony case.
1:03:45 Hondo in Texas.
Failure to appear does not give authority to suspend license.
File an open records request for everything in file and in computer.
1:08:29 Susan.
She has no license and no insurance.
Went to municipal court to get her file on an accident report and citation. They found nothing on her in the computer.
Other person’s insurance adjuster says Susan is in the wrong.
Her attorney now says they won’t represent her.
Police report has each party claiming other was at fault. No witnesses nor traffic cameras. Gas station has cameras. Gas station says she must go through police to get the video.
Go to district court for an order for pre-trial discovery to file on gas station for copy of video.
Eddie says the issue is the timing of the lights at the intersection. Who hit whom is not the issue.
1:19:24 Rick in California.
Inspired by Eddie’s knowledge and thanks the other hosts. Eddie says “you’re the me of California”.
1:20:38 Patrick in Texas.
Eddie will send him updates from weekend course to use against his attorney.
What Patrick got was not a proper complaint nor information.
1:27:05 Gary in Texas.
Went to Department of Public Safety Office to renew driver license. Attempted to sign a certain way, and clerk said he could not sign that way. Asked for statute allowing them to require just a name for the signature.
Brainstorming ideas such as criminal charges and official oppression.
Look in transportation code and administrative code about usage of signature on driver license. If nothing is specified there, then they are denying you a privilege.
Attorney General opinion does not make law. Those opinions must be based upon law.
1:34:56 Joel in Texas.
Hang up.
1:35:16 ChuckO in Pennsylvania.
Traffic stop when parked at parking meter. ChuckO has no license. Told police he is exempt from licensing and police have no authority. Police was interested in the information ChuckO had. Car was impounded.
Eddie asks if police have no authority, how did they take the car?
Eddie does not do UCC and redemption and does not recommend doing it. UCC is not a fix-all.
1:46:59 Pat.
Comment on Susan’s traffic accident. Opposing insurance adjuster probably assumes Susan has no financial resource (since she has no insurance/license) and will let Susan work it out.
1:49:37 Terry in Texas.
Discusses taking action and the radio program. Expressing love as a gift.
Upset about slow flow rate of gasoline pumps and gas pump over-regulation.
1:54:15 Doug in Texas.
Refers to book Cornucopia of Evil by Michael Collins. Caller describes corruption in legal system.
1:56:54 Hannibal in New York.
How does penal code not apply to Hannibal?
Penal code applies to everyone for types of crimes. The body of law applies to everyone if there is a violation of rights of others.
Most other codes are administrative and do not apply to the people.