Issues include: marital property transferred to a trust; township supervisor conflict of interest; child abuse reports & accelerated rehabilitative disposition; Right-To-Know Law request compliance; real estate tax sale law right to redemption; and PA Unfair Trade Practices and Consumer Protection Law.
00:02 - WE WOULD LIKE TO WELCOME
00:03 - EVERYONE TO A SESSION OF THE
00:06 - SUPREME COURT.
00:08 - IN LIGHT OF THE BECAUSE THAT
00:10 - RATIONING WE ARE CONDUCTING
00:12 - THIS SESSION REMOTELY.
00:14 - THE COURT FOUND THAT IT BEST TO
00:16 - PROCEED IN THIS MATTER.
00:18 - RATHER THAN CANCELING OR
00:20 - POSTPONING THE SESSION.
00:22 - BECAUSE IT IS VITAL THE COURTS
00:24 - CONTINUE TO FUNCTION. EVEN
00:26 - THE MOST IF A CALL OF TIME.
00:30 - TRADITION YORK OR DOES NOT
00:31 - IMPOSE TIME WITH
00:32 - SOME COUNCIL BUT DUE TO THE
00:35 - CIRCUMSTANCES WE HAVE DEVELOPED
00:37 - A
00:37 - SPECIAL PROTOCOL WHEN SHE'D
00:39 - BEEN FORWARDED ALL COUNCIL WHO
00:41 - WILL BE JOINING OUR.
00:45 - COUNCIL HAS BEEN ADVISED THE
00:46 - REACH OF THE WORLD
00:47 - 20 MINUTES. WE RESERVE THE
00:51 - BEGINNING ASPIRATION AT THE END
00:54 - FOR THE CLOSING REMARKS.
00:58 - AND ALTHOUGH WE WOULD ASK THE
01:01 - KEEP AN EYE ON A LAW CHANGE.
01:03 - I WERE GIVEN TREATMENT ARK AND
01:05 - ASKED HIM TO PROPERTY. THE.
01:08 - THE JUSTICES SEEMED MORE
01:10 - QUESTIONS. WE'LL POSE THEM
01:12 - MONEY RESET ORDER.
01:15 - IN ORDER TO ACCOUNT FOR MY
01:16 - FOCUS THEIR ATTENTION ON THE
01:18 - JUSTICE. ASKING THE QUESTION.
01:21 - FINALLY AS IS A WIN. I WILL
01:24 - BRIEFLY STATE THE CASE
01:26 - IN ORDER TO REFRAME THE ISSUE
01:27 - BEFORE IT WAS.
01:29 - AND MISTER MANNER WITH I WOULD
01:31 - YOU PLEASE CALL THE FIRST TAKE.
01:36 - HER STORY
01:36 - IS IN RE PASS REALLY FAMILY
01:38 - TRUST WILL OF OUR GREAT OR
01:42 - >>WAS A ARE YOU IN
01:45 - THE EYE. WE CHOSE OF US REALLY
01:48 - IS. ACTION. I WOULD ARGUE NOT
01:52 - LIKE THEM IS THAT YOU WATCH.
01:58 - THE COURTING OF MISTER CANNOT.
02:03 - >>THE CASE POLICIES
02:05 - TO TERMINATE MIRABEL
02:07 - CAN TRUST. SHE CREATED WITH
02:10 - EARLY. DURING THE MARY.
02:14 - THE PARTICULAR LEGAL
02:15 - QUESTION INVOLVED IS WHETHER
02:17 - THE APA LEE ACTED FRAUDULENTLY
02:20 - NEW DID NOT DISCLOSE THE NATURE
02:22 - OF CERTAIN
02:23 - MERRILL PROPERTY. IT WAS BEING
02:25 - TRANSFERRED THE TRUST.
02:30 - >>I THINK HE'S WHAT YOU JUST AS
02:32 - COOL SAILOR AND HE SAYS THE
02:34 - U.S..
02:35 - THAT IS ACCORDING TO JOHN
02:37 - MCCAIN ON COUNCIL WORK MARK HER
02:39 - ON HER ONLY BE FOUND.
02:42 - WE'RE HERE TODAY
02:42 - TO DISCUSS AN ISSUE FOR
02:44 - PATIENTS OF SECTION 7 SOME
02:46 - BURNED SINCE THE ACCIDENT.
02:48 - IT
02:48 - STATES INTERESTS, HE'S MORE
02:50 - DOUBLE NEWS SENT ITS MISSION
02:51 - AND THESE HER QUESTION HE
02:55 - WAS EXCELLENT WHO
02:56 - SAID ROD. YOU KNOW FROM THE
02:58 - OUTSET THAT THE STATUTE DOES
03:00 - NOT DIFFERENTIATE. YOU KNOW
03:01 - RELATABLE AND YOU ARE A COUPLE.
03:04 - BROOKS BECAUSE THE LEGISLATURE.
03:07 - CLEARLY DID NOT DIFFERENTIATE.
03:09 - TO RECORD AND HAS A HOLD ITS
03:11 - OWN HOLDING GLOVER AND
03:13 - INTRODUCE A HEIGHTENED STATE
03:15 - COMES THROUGH EAST.
03:16 - THEY SLOWLY BACK THAT TRUST AND
03:18 - THAT'S IT. AS A HERO OR TRUST.
03:22 - WE'RE HUMANS AND
03:23 - WHETHER ME. WELL, MOSTLY
03:25 - BECAUSE CORPORATE.
03:27 - WHERE NECESSARY KNOW WE LIKE
03:29 - WHAT WE CAN DO IN THIS CASE.
03:32 - HERE WE HAVE A CASE WHERE
03:33 - HUSBANDS LIVING WHAT UNKNOWN
03:36 - TO. WHY AS AN ARTIST TO HOMES
03:39 - IN FLORIDA. ONE WHICH
03:41 - WHILE. PROGRAMS SOME LOOKS
03:44 - GREAT.
03:46 - BROWN WAS CASES THE
03:48 - PROPER DEGREE. AND THIS
03:50 - PRESIDENT SAYS THAT'S A REALLY
03:51 - KNOWN THESE FACTS SHE WOULD NOT
03:53 - HAVE SIGNED
03:53 - THE AGREEMENT GIVING HER
03:56 - HUSBAND WHO CONTROL THEM OR
03:57 - LESS. BUT THE CASE AND CALL FOR
04:01 - THE FAMILY. HE ONLY NEEDS THESE
04:04 - AWESOME SHIELD AGAINST WE
04:06 - SHOULD.
04:07 - THIS IS SPECIAL DO NOT HAVE
04:09 - ENOUGH WE DO NOT HURT THE HUNT
04:12 - FOR US.
04:15 - 1015 MEETING OF WHICH THIS IS A
04:16 - CRIME OR EVER.
04:19 - IN DOCUMENTS WERE GRANTED ONLY
04:20 - IN MY HUSBAND WAS PART OF YOUR
04:22 - JOURNEY. NO ONE COME ALL THE
04:25 - REQUESTS WAS IN COURT.
04:28 - COURT THEN THE SPURS REALLY
04:30 - WOULD SIGN ANY DOCUMENT.
04:33 - BACK 1000 SO CLOSE TO CALL.
04:36 - WITH REGARD TO THE LEVEL OF
04:37 - SCRUTINY. YOU BELIEVE, BUT ALSO
04:39 - SNEAKING BLOOMERS THE
04:42 - ELSE'S SITUATIONS.
04:43 - WE TRUST. HIS NEXT ONE AND NO
04:46 - NO TO SEAL IT RIGHT.
04:49 - AND SHE WOULD NOT SIGN THE
04:50 - TRUST WHICH HUMAN.
04:55 - HAS MADE HER A SHEEN NOT WARMER
04:57 - NOT LOSE YOUR.
04:59 - WELL THERE NICE WAY TO SIGN THE
05:02 - TRUST AGREEMENT WITH THE INTENT
05:03 - TO SCHOOL HIM MICHAEL
05:06 - IN AND YOU KNOW FOR ALL OF US.
05:09 - YESTERDAY IN NEW YORK
05:10 - FOR YOU. RESTATING HER PROPERTY
05:14 - WILL SOON PRESSERS WE'RE GOING
05:16 - TO YOU KNOW
05:17 - TURN TRANSPARENT WHICH
05:19 - HEARD BY ALL OF IT SAYS DOCTOR
05:21 - KNOWINGLY OR RECKLESSLY NEEDED
05:23 - MISREPRESENTS ITS. THE DONOR
05:26 - MATERIAL BLACK. IT WAS IN
05:28 - NEW YORK. THEY CAN TRANSFER
05:31 - THAT THE OWNER WOULD NOT
05:32 - OTHERWISE.
05:34 - >>THANK YOU
05:34 - MISTER MCKENNA THERE WILL BE
05:38 - WITH SAID JUST DESPAIR.
05:41 - >>I THANK YOU JUSTICE THAT BIG
05:44 - THE ONE OF THE IMPORTS IN THIS
05:46 - CASE, THE U.S. PERHAPS LESS
05:48 - THAN YOU IS WHAT'S THE
05:49 - APPROPRIATE HAS FOR FRAUD.
05:52 - SO.
05:53 - >>THIS APPEARED COURT SAID LOOK
05:55 - IF PAUL WHICH WAS OUR CASE.
05:57 - THEY SAID WELL THAT'S AN UNDUE
05:59 - INFLUENCE CASE AND THEREFORE
06:01 - THEIR DECISION AND GLOVER WAS
06:03 - RONI US BECAUSE ADOPTED A
06:05 - FRIED STANDARD. THE CHEMIST
06:07 - UPON AN UNDUE INFLUENCE.
06:09 - AND I'M CURIOUS OF YOUR VIEW IF
06:12 - YOU THOUGHT ABOUT
06:14 - WHAT THE TESTS SHOULD BE BEFORE
06:15 - WE TRY TO APPLY
06:16 - THE BEST. IF THE WEATHER IS
06:19 - CORRECT OR DISAPPEAR QUITE IS
06:21 - FINE.
06:22 - >>ID.
06:23 - >>POSITING THE TEST HERE
06:25 - AND THEIR THEIR ERROR YOUR VIEW
06:27 - WAS IN APPLYING IT.
06:29 - >>I THINK THAT
06:30 - IT'S TO CALL ITS FIRST THAT
06:31 - THEY THEY MADE A
06:33 - DIFFERENTIATION WE DIDN'T KNOW
06:34 - REMARKABLE CROSS. I WILL READ
06:37 - IT WON'T WORK THE STATUTE
06:38 - DOESN'T. SO I DON'T
06:40 - THEY THEY BASE THEIR NEED FOR A
06:42 - HIGH LEVEL OF SCRUTINY BASEMENT
06:45 - BACK TO THE REBEL.
06:47 - SINCE LEGISLATION WAS TO MAKE
06:49 - THIS QUEENS KNOW.
06:52 - >>YOU KNOW THIS PLACE.
06:53 - HOWEVER.
06:54 - >>WE DO BELIEVE THAT LOVER IS
06:57 - AND WAS THE LAW OF THE LAND WAS
06:58 - RETURNS TO SITUATIONS WHERE.
07:02 - >>THIS NOTION SHOULD
07:03 - BE MADE.
07:04 - >>AND THEIR TOP AND WE'RE NOT
07:06 - ME.
07:07 - >>IN 2 CITIES. WE.
07:10 - >>DON'T MORE. HE LEARNED HE
07:12 - ONLY TRUSTEE WHO SIGNED
07:15 - THE DOCUMENT IF THEY HAD KNOWN
07:17 - OF THAT FACT HE WOULD NOT SEND
07:19 - BUTTON AND THE COURTS OF GROUND
07:20 - THAT EVERYTHING ON HIM.
07:23 - >>LET ME LET ME INTERRUPT YOU
07:24 - BECAUSE TIME IS SHORT IN THIS
07:26 - FORMAT WITH COLLEGES THAT
07:29 - TRY TO GET TO IT IS THE
07:30 - MATERIAL MISREPRESENTATION HERE
07:33 - AND I APPRECIATE THAT.
07:36 - NO ONE SHOULD MAKE LIGHT OF
07:37 - THESE FACTS BUT AS THE MATERIAL
07:39 - MISS REPRESENTATION HERE
07:41 - AND HE HAD HIS GIRLFRIEND
07:43 - LIVING DOWN THERE
07:43 - AND ENCOUNTER OR THAT HE
07:45 - PURCHASED 2 HOMES IN FLORIDA IN
07:48 - L A
07:49 - OR BOTH.
07:49 - >>I THINK IT'S A COMBINATION OF
07:51 - THE 2 RUNNER AND I THINK
07:52 - BELIEVE IT THAT THIS ISN'T
07:54 - SOMEBODY WHO WAS SNEAKING
07:56 - AROUND AND GOING ONE TIME SHE
07:59 - ACTUALLY TOOK HER LAST
08:01 - PURCHASE THIS. HOUSE.
08:05 - >>RULE.
08:06 - >>A COMPANY THAT SHE
08:08 - OWNED SOLELY HYDE BACK SLOWS
08:11 - THE COMPANY'S VALUE. WE THINK
08:13 - THAT'S
08:13 - THE ROLE.
08:14 - >>SO IT'S NECESSARY. IT'S A
08:16 - MASK IF HE HAD SAID HE
08:18 - DISCLOSED THAT HE BOUGHT THESE
08:20 - TOO LONG, HE SAID
08:21 - YOU KNOW I I I THINK FLORIDA
08:23 - IS AN UPCOMING COMMUNITY HAVE
08:25 - AN OPPORTUNITY TO PICK UP 2
08:26 - HOUSES INEXPENSIVELY AND SHE
08:28 - SAID WHATEVER YOU THINK YOU
08:30 - COULD HEAR THE MONEY.
08:31 - STILL A MATERIAL
08:32 - MISREPRESENTATION BECAUSE
08:33 - NEGLECTED TO SAY THAT HE HAS A
08:35 - GIRLFRIEND LIVE IN THE WATER.
08:37 - >>I THINK IT'S THE SECOND THESE
08:38 - MARIJUANA SAYS HER KIDS
08:40 - EVEN THOUGH IT WAS THROUGH THE
08:41 - COMPANY THAT SOLD HIS COMPANY.
08:44 - ALSO IS THERE A LESSON. THERE'S
08:46 - A TRUST SET SO WE BELIEVE.
08:49 - >>THAT.
08:50 - >>WHAT
08:51 - I'M SAYING WHEN IT'S ALSO THE
08:53 - MOTIVATION FOR WHY HE WANTED TO
08:55 - MAKE IT A RATHER TRUST WHEN.
08:58 - CROSS AND SELL
08:59 - IT'S NOT AND NO TAX ADVANTAGE
09:01 - WAS LOST IN 19 O CONTROL LOOK
09:04 - FOR US. HE CONTROL ALL THE
09:07 - ASSETS IN BAYFRONT ALL AT ANY
09:09 - TIME.
09:10 - THERE'S NO. THERE'S NO I HAVE A
09:12 - GOOD RECORD THERE'S NO ON THIS
09:15 - DISCRETION IN THE HANDS.
09:17 - AND.
09:18 - >>YOU ALL RIGHT I JUST THE
09:22 - START.
09:23 - >>THANK YOU ARE.
09:24 - >>THANK YOU CHIEF JUSTICE.
09:27 - MISTER IT CANNOT I
09:28 - HAVE NO IT'S ALWAYS ON
09:32 - MISCONDUCT.
09:34 - >>SO PERCENT HAITIAN IN A
09:36 - MARRIAGE.
09:38 - >>IN CONNECTION WITH THIS
09:40 - SUMMER. PURCHASE SOME HOME IN
09:42 - FLORIDA WHERE MISTER A SON.
09:45 - HER FAMILY LIVES. MY PROBLEM
09:48 - WITH YOUR ARGUMENT IS
09:50 - I'M NOT CONVINCED THAT EQUATES
09:53 - TO FRAUDULENT INDUCEMENT THAT
09:55 - ENTER INTO THE TRUST.
10:01 - ACKNOWLEDGED I BELIEVE.
10:03 - HUSBAND DID NOT MISREPRESENT OR
10:06 - CORPUS
10:07 - OR US AND SHE WILLINGLY TO EARN
10:11 - HUSBAND'S
10:12 - FINANCIAL ACTION. AND IT'S NOT
10:15 - UNREASONABLE LEWD SHE WOULD
10:18 - HAVE SIGNED ON TO THAT FROST
10:20 - ENTERED INTO LAST WEEK OR SO
10:23 - I'D LIKE YOU TO LANNY A
10:27 - ME OR DISTINCTION BETWEEN
10:30 - HIS MISCONDUCT,
10:31 - BAD BEHAVIOR AND FRAUDULENT
10:34 - INDUCEMENT AND.
10:36 - >>I THANK YOU
10:38 - I DO SEE THAT THE THE AGAIN
10:40 - THAT WE BELIEVE MODEM
10:43 - INTENTION IS THIS CONTROL HERE.
10:47 - HIS INTENTION
10:49 - WAS MAKE SURE THAT WHEN SHE
10:52 - FINALLY TO POINT OUT THAT THIS
10:53 - IS WANT TO FIND OUT.
10:58 - THAT WE THAT HE WOULD
11:00 - USE THIS.
11:01 - TRUST THE TRIO WHO DISTRIBUTION
11:04 - FACT HE DID.
11:06 - DIDN'T SECOND POINT IS THAT
11:08 - THAT WE ALSO YOU CAN SEE ALL
11:10 - THESE AS IN SO HE DOESN'T TELL
11:13 - HER ABOUT THIS BECAUSE
11:15 - NEW
11:16 - AND THE MAN WHO LED $14 AND
11:19 - NEEDS TO BE. WELL THE PERSON HE
11:22 - KNEW GOING. WELL
11:23 - THAT'S WHEN YOU CAN KIND OF THE
11:25 - WORST.
11:27 - HE HAD CONTROL NO SENSE AND YOU
11:29 - KEEP YOUR HEAD. NO. NO THE
11:33 - YOU WILL. SO THE MOTIVE WAS
11:34 - EXTREMELY IMPORTANT. AND I
11:36 - THINK THAT WE THE FACT THAT YOU
11:39 - DISCLOSE THESE ASSETS IS
11:41 - ALL IS NOT OPEN TO
11:44 - MOON MODI HE'S HAVING A BARREL.
11:47 - HE'S TELLING US SEPARATELY AND
11:49 - HE SEES THAT SENSE.
11:52 - AND PUTS THE UNOCAL RATION SO
11:54 - YOU CAN'T YOU FIND OUT ABOUT
11:55 - WHAT'S IN THEIR INTEREST.
11:58 - I SIT WITH US. IT JUST SAYS OF
12:00 - ME. HERE'S
12:01 - WHAT'S WORK DOESN'T SAY THE
12:03 - GROUP SAYS HE'S LEADING THESE
12:05 - RISKS USE ME HE DIDN'T
12:06 - REPRESENT HE DIDN'T.
12:08 - >>PERCENT TO TOTAL
12:10 - FOR US.
12:11 - >>AND DID WHAT HE DID HE DID
12:13 - REPRESENT THE BOUNCE. HE SAID
12:15 - THAT IT'S WORTH 1.9 SOLID.
12:17 - HE DIDN'T SAY WAS IN.
12:19 - >>THE EXACT SET.
12:21 - >>THAT'S WHEN THE SLOW BY ALL.
12:23 - BUT
12:24 - ALL SAULT SAINT NE SOON YOU.
12:27 - HE'S HERE.
12:29 - BECAUSE HE HAD A PREORDAINED
12:32 - EASILY WANT TO CAUSE A LAWYER
12:34 - WHITEHEAD EXACTLY ONE HOUR YOU
12:36 - WILL NOT ONLY THAT ROSS.
12:38 - >>WELL.
12:39 - >>HER ATTORNEY TO HELP HER OUT
12:41 - AND.
12:42 - >>YEAH, I UNDERSTAND YOUR
12:44 - ARGUMENT THANK YOU.
12:46 - >>HE WAS A JUSTICE ON HERE.
12:48 - I'M GOOD MORNING COUNCIL.
12:50 - MY.
12:51 - >>IT IS AS I YOU KNOW READ THE
12:53 - TRANSCRIPTS IN YOUR GREASE ON
12:56 - YOU KNOW WHEN IT OCCURRED TO ME
12:57 - IS AND I'M ASSUMING YOU DID
12:58 - THIS INTENTIONALLY YOUR
13:00 - CONFLATING.
13:03 - >>OR
13:03 - OBSCURING WHAT YOUR CLIENTS
13:06 - ACTUAL PROBLEM IS WITH THIS
13:08 - TRANSACTION. AND AS I READ
13:12 - IT ON YOUR CLIENT'S COMPLAINT
13:14 - KID NOTHING TO DO WITH THE RAYS
13:17 - OF THE TRUST. IT HAS TO DO WITH
13:20 - THE FACT THAT OR
13:21 - HAS BEEN IN DISCLOSE THAT HE
13:24 - WAS INVOLVED IN AN EXTRAMARITAL
13:26 - AFFAIR.
13:27 - AND SO MY MY QUESTION TO YOU IS
13:29 - ON. I E. WHY.
13:34 - IN WITH THE
13:35 - APPROACH TAKEN
13:37 - TO ATTACK.
13:39 - THE NONDISCLOSURE OF THE
13:41 - PROPERTY IN ONE OF WELL HE'S AS
13:45 - OPPOSED TO ASKING FOR
13:48 - POTENTIALLY A REFORMATION OF
13:51 - THE TRUST SO
13:52 - THAT THE TRUSTEE WITH SOMEONE
13:55 - OTHER THAN THE HIGH AND I MEAN
13:57 - I UNDERSTAND THE ARGUMENT I
13:58 - WOULD NEVER NEVER GIVEN HIM.
14:00 - I CONTROL OVER ALL OF THESE
14:02 - ASSETS AND I KNOW HE WAS
14:03 - INVOLVED IN AN
14:04 - EXTRAMARITAL AFFAIR, BUT THAT
14:07 - DOESN'T GET YOU A INVALIDATION
14:09 - OF THE TRUST THAT WOULD
14:10 - GET YOU GENTLY EVER. OH YOU
14:13 - DIDN'T PAY FOR
14:14 - WHATEVER REASON. A REQUEST FOR
14:17 - REPLACED, THEY KNOW THE
14:18 - TRUSTEE.
14:19 - >>WELL ACTUALLY THE CHASE
14:20 - SORTED OUT IN FAMILY COURT
14:22 - JUDGE ORDERED THE FAMILY WORK.
14:24 - SENATOR LUGAR TEEN BE
14:26 - OPENS WORK BECAUSE OF THE
14:29 - INTEREST WAS BE USED AS A
14:31 - SHIELD AGAINST. I TOLD YOU SHE.
14:34 - >>AND THAT'S WHAT THEY CAN I
14:36 - JUST INTERRUPT HERE BECAUSE I
14:37 - MEAN I UNDERSTAND WHAT YOU ARE
14:39 - MANY IS THAT THERE IS NO
14:40 - DIVORCE PENDING.
14:42 - >>WHEN THIS I
14:45 - WAYSIDE ESTABLISHED SO MANY I
14:47 - UNDERSTAND WHAT YOU'RE YOU'RE
14:49 - ISSUE IT, BUT ME.
14:54 - WELL WE LOST THAT
14:55 - TEMPORARILY A SISTANI YOU.
14:59 - MOVED TO JUSTICE DAUGHERTY.
15:03 - >>COUNCIL IF WE WERE TO HAUL.
15:07 - CAN YOU SEE ME I WATCH YOU ALL
15:08 - FOR SECOND.
15:09 - >>I CAN SEE THE JUDGE.
15:11 - >>OKAY IF WE WERE TOLD IF
15:13 - WE WERE TO CONSIDER THAT HAS
15:15 - BEEN DID MAKE A
15:16 - MISREPRESENTATION CONSIDERING
15:17 - THAT THE COMBINED VALUE OF THE
15:19 - PROPERTIES WHERE APPROXIMATELY
15:22 - $470,000 COMPARED TO A
15:23 - 14 MILLION TRUCK,
15:25 - $40 MILLION TRUST. HOW WOULD
15:27 - YOU DEFINE THAT
15:28 - MISREPRESENTATION TO BE
15:29 - MATERIAL TO THE VALUE.
15:32 - >>CHILLS AND
15:32 - VALUE NOT I WOULD NOT I AS I
15:36 - SAID I THINK WE'LL TELL YOU ALL
15:38 - THESE THOUGHT NEEDS PROPERTIES.
15:40 - IT'S NOT THE ISSUE OR
15:41 - IMPORTANT. BUT WHAT I THINK
15:44 - IS IMPORTANT. HE'S THE REAL
15:46 - NAME RECLAIMED.
15:50 - >>VEHICLE USE BY WAS DONE.
15:53 - >>IN ORDER TO SHIELD. YES.
15:57 - >>HOPING TO EASE AND EVERYTHING
15:58 - SO THEN WHY WOULD NEVER.
16:00 - ANY CHANCE. IN WE'RE JUST
16:02 - TRYING TO PLAY HERE AND HE HAD
16:05 - MADE SURE AND NOT GOING
16:06 - TO WIN BASED ON BASED NOT
16:10 - DISCLOSING IT ALL.
16:11 - SO IT'S NOT THE
16:12 - ISSUE OF WHAT'S THE VALUE AND
16:14 - IT'S ONLY A PART OF THE THE
16:18 - THREAT OF THE CROSS. THE ISSUE
16:20 - IS WHAT WAS.
16:21 - WELL THIS WAS A RECORD TO BE
16:23 - INJURED BUT SOCIAL BEING ON
16:26 - THIS HOLE ALL STEEL AND IT IS
16:29 - IS THAT IT INVITES PEOPLE TO DO
16:32 - LIKEWISE IN SAVING SERVING IN
16:34 - ACROSS. AND WITH HIS MOTIVE
16:37 - IS TO THEY WERE
16:39 - NEVER DIVORCED. THAT'S WHAT IT
16:41 - WAS A BETTER THING TO DO THEN
16:43 - TO PROVING ITS WORTH TROUNCED
16:45 - AND THAT U HAUL OR REMOVAL, YOU
16:48 - KNOW. IT'S IT'S NOT
16:50 - HE DOESN'T HAVE ANY TAXES
16:52 - MANNER WHATSOEVER JUST SO COURT
16:58 - THIS IS THE COURT CAN NOT BE
16:59 - EVEN MORE. YOU GO BACK TO TRUST
17:01 - IN FAMILY COURT. JUSTICE A.
17:06 - THIS
17:08 - >>BARKLEY A FOLLOW-UP BEFORE
17:09 - REMOVING THE CORRECT. NO
17:12 - FACTS ARE. THIS IS CRACKED.
17:14 - >>THANK YOU TO DO JUST THIS
17:16 - MORNING COUNCIL. MORE THE
17:18 - COUNCIL IN
17:20 - IT'S NOT SINCE LAST EARLY SINCE
17:22 - THE A LIE WAS SET UP BACK IN
17:24 - THE 20'S. WE'VE ALL KNOWN WHAT
17:26 - THE 6 ELEMENTS OF FRAUD OR.
17:29 - >>AND I FOUND NO FACT-FINDING
17:31 - BY THE ORPHAN SCORED HERE ON
17:34 - THE 6 ELEMENTS A COUPLE ARE
17:36 - MISSING. INCLUDING SCIENCE FAIR
17:39 - AND YOUR YOU YOURSELF
17:41 - JUST SAID THERE'S NO
17:42 - MATERIALITY.
17:45 - THE CASE
17:48 - ABOUT VOIDING OF TRUST
17:50 - AND NOT ABOUT PLACING MORE OF
17:53 - BLAME TO AGREE ON THAT.
17:56 - >>IT'S ABOUT WHAT YOU TRUST.
17:58 - OKAY. SO HERE'S
18:00 - A QUESTION. YOU'VE GOT AN
18:02 - ORPHANS COURT NUMBER OPEN.
18:04 - WHY NOT GO OVER TO
18:06 - FAMILY COURT AND THEN YOU'RE IN
18:08 - DOMESTIC RELATIONS LITIGATE
18:09 - YOUR ECONOMIC CLAIMS IN
18:10 - DIVORCE, INCLUDING THE MARITAL
18:12 - MISCONDUCT ISSUE. AND IF THE
18:14 - JUDGE NEEDS TO GET OUT THE
18:15 - TRUST YOU'VE GOTTEN ORPHANS
18:17 - COURT NUMBER OPEN AND THERE YOU
18:19 - GO.
18:21 - I DON'T UNDERSTAND WHY THE
18:22 - TAILS WAGGING THE
18:23 - DOG HERE ARE AND WHY YOU'RE
18:26 - TRYING TO CHANGE THE LAW ON OUR
18:28 - LONGSTANDING REQUIREMENTS
18:30 - FOR FRAUD. ALL THAT SO YOU CAN
18:33 - OUT FIND A WAY TO USE THE
18:36 - INFIDELITY IS
18:37 - WAY TOO. STRIKE THE TRUSTEE
18:39 - EXPLAIN THAT TO MAKE BELIEVE
18:42 - THAT ARE USED IN CELL THE.
18:44 - >>I WOULD AGAIN I WANT TO BE
18:46 - HEARD
18:47 - ALL WE'LL BE ON THE MOTIVATION.
18:50 - WHY DON'T YOU GETTING IT
18:51 - BECAUSE I THINK IT'S MORE
18:52 - IMPORTANT HERE.
18:53 - >>THIS WAS PREPLANNED THIS
18:55 - ISN'T SOMETHING THAT. WOODS
18:57 - JUST HAPPENING A LITTLE.
19:00 - >>IN TERMS OF FRAUD AND TIME OR
19:02 - WAS IT WAS THE LAY OF THE LAND.
19:05 - >>NOW THERE IS
19:06 - EVIDENCE TO RESTATEMENT CALL
19:09 - THAT WILL BE STAYING IN MY
19:10 - OPENING. SINBAD WHO WHITES
19:14 - BY A GUY COATS
19:16 - ALL WHO ARE OF ORTIZ WE
19:19 - ALSO NEED YOU KNOW.
19:23 - BECAUSE HE'S NOW ONE OF
19:25 - THE E.
19:26 - >>THE FAMILY COURT HARD TO HER.
19:30 - NEW YORK AND WORK.
19:32 - THEY REACHED THE POINT WHERE
19:33 - THE HOST WAS SAY. NO
19:36 - YOU CAN'T LET'S NOT TALK ABOUT
19:38 - THE CENSUS BECAUSE THERE ARE
19:40 - NEW ROLE ALREADY IN THE RUBBLE.
19:42 - ROSS AND HE JUST ALERTS HE
19:45 - BASICALLY NEEDS IN THAT
19:46 - LANGUAGE. YOU KNOW HE'S AN
19:49 - GOING ON IN THEY NEED TO BE
19:51 - HOUSTON'S CREATE MISTRUST.
19:53 - THE VIEWER TURNED OVER MEAT
19:55 - ORPHANS COURT UVALDE INSTRUCTED
19:57 - US THAT AND SUGGEST RECALL
19:59 - PETITION WHICH WE DID.
20:06 - >>AND THEY ALL SAID YES ROCHE.
20:11 - >>THANK YOU COUNCIL, THANK YOU
20:12 - TO JUSTICE.
20:14 - >>AND MONEY DO YOU HAVE A
20:17 - QUESTION.
20:19 - >>NO QUESTIONS.
20:21 - >>THANK YOU WELL I THINK WE
20:23 - HAVE A.
20:26 - OH GOOD JUSTICE JOHN HUGHES
20:27 - BACK ON IT. I THINK I AM I'M BY
20:29 - TELEPHONE. ALL
20:31 - BY TELEPHONE. YOU
20:33 - CAN WALL-E YES IS ON EU WE LOST
20:36 - YOU FOR A MINUTE WE'RE TO 2
20:37 - MINUTE MARK. AND YOU'RE KIND OF
20:40 - INTERRUPTED SHOW. YEAH,
20:43 - I MEAN
20:44 - IT TOOK 85 ALLOW PASS FOR NOW I
20:48 - >>BREAK THAT. HEY.
20:52 - >>AND
20:53 - THANK YOU. AS YOU CAN AND WE
20:57 - UNDERSTAND UPPER HAND YOUR
20:59 - ARGUMENT.
21:02 - AND SO WE WILL NOW TURN
21:06 - COUNCIL FROM THE APP ALLEY.
21:09 - I BELIEVE
21:11 - RYAN WE HAVE THE.
21:13 - COUNCIL PRESIDENT THAN THEY
21:15 - WOULD BOTH.
21:17 - I DID WHEN THEY WOULD LIKE TO
21:18 - DIVIDE THEIR TIME IS THAT.
21:20 - THAT'S IN SHARP. AND MISTER
21:23 - ASHUN MR.
21:24 - OCEAN WE'LL START I GUESS YOU
21:26 - MISSED RATIONED.
21:32 - GETTING YOUR ARGUMENT AND NOT.
21:35 - AND THEN WHEN WE COME TO MISTER
21:36 - OCEAN, YOU KNOW THE ADMISSIONS
21:38 - ALWAYS WE LIKE TO
21:39 - AVOID REDUNDANCY YOU KNOW THERE
21:42 - ARE YOU HAVE PROBABLY EASE
21:44 - SINCE I BELIEVE
21:47 - IT IS NATIONAL CHANGE BY.
21:52 - IT HAS SINCE EXPLAINED.
22:02 - >>GOOD MORNING. MISTER CHIEF
22:02 - JUSTICE AND FELLOW MEMBERS OF
22:04 - THE COURT ON WHAT I WOULD LIKE
22:05 - TO DO IS APPROPRIATE MY 3
22:07 - MINUTES ON HAPPY TO YIELD TO
22:09 - ANY QUESTIONS THE COURT HAS TO
22:10 - MISTER OCEAN IN TERMS
22:11 - OF ARM ISSUES THAT ARE BEFORE
22:14 - US JUSTICES. YOU MIGHT POSE TO
22:16 - EITHER ONE OF US.
22:19 - MY NAME IS MARK ASHTON AND
22:20 - I REPRESENT A MASS RALLY, THE
22:21 - FELLOW WHO SEEMS THAT CREATED
22:23 - THIS CONTROVERSY
22:23 - 5 YEARS AGO. WAS HE THOUGHT IT
22:26 - WAS PROBABLY AT THAT TIME WITH
22:28 - ALL HIS OWN ASSETS ALL JOIN
22:30 - ASSETS AND INTEREST FOR
22:31 - HIMSELF. HIS WIFE AND HIS KIDS.
22:34 - I KNOW THAT ON THAT DAY
22:35 - 5 YEARS AGO. HE CONTRIBUTED $7
22:38 - MILLION OF ASSETS TITLE IN HIS
22:40 - NAME ALONE. AND ANOTHER MILLION
22:44 - IN ASSETS. AND HE MISSES PASS
22:45 - REALLY ON JOINTLY. WE
22:47 - KNEW ENTERPRISE CALLED THE PAST
22:48 - REALLY FAMILY REVOCABLE TRUST.
22:51 - IN DOING SO
22:52 - HE ALSO TOOK ON ALL OF THE
22:54 - DUTIES THERE ARE INHERENT IN
22:55 - THE ROLE OF TRUSTEE. IN EFFECT.
22:58 - YOU CAN TRACK TO BECOME A
22:59 - FIDUCIARY I MAKE THIS ALL THE
23:01 - WAY SO EVIDENT POINT IS I
23:03 - BELIEVE THE STANDARD FOR FRAUD
23:05 - IN THE CONTEXT OF AN INNER
23:06 - VITALS TRUST. NBA CONTRACT
23:08 - STANDARD OF FRAUD HAS CONCLUDED
23:10 - BY THE SUPERIOR COURT 14 MONTHS
23:12 - AGO.
23:13 - AS I UNDERSTAND IT WE'RE HERE
23:14 - TODAY TO TRY TO RECONCILE
23:16 - PERCEIVED DIFFERENCES BETWEEN
23:18 - SUPERIOR COURT RULING A 14
23:20 - MONTHS AGO IN 1962 SUPREME
23:22 - COURT RULING CALLED CALLS THE
23:23 - STATE AND THE SUBSEQUENT
23:25 - SUPERIOR COURT CASE HOPES TO
23:26 - GO OVER. MY GOAL TODAY IS TO
23:28 - TRY TO BE HELPFUL TO YOU IN
23:29 - MAKING THAT HIS POLICY
23:31 - DECISIONS.
23:32 - IN TREAD LIGHTLY OF CASES AGAIN
23:35 - AND AGAIN. THE STATE IS
23:36 - HARDEN'S BECAUSE THE RANGE OF
23:38 - FRAUDULENT ACTIVITIES IS QUITE
23:40 - BROAD AND IN BUT ALSO STATE AND
23:42 - THE COLOR
23:43 - OF STATE. OF COURSE STOCK TO
23:44 - SPECULATE WHAT THAT DOES SEEM
23:46 - TO WANT
23:46 - IT DONE AND THAT THE SCENE
23:48 - KNOWN ALL THE FACTS WHEN
23:49 - PREPARING THEIR WHEELS.
23:51 - IN ALL THESE CASES INCLUDING
23:53 - PAUL RESOURCES MORE ASK YOU
23:55 - KNOW. THERE ARE STRONG HINTS OF
23:56 - INFIRMITY ON DOING WELL.
23:59 - WE DO NOT HAVE THAT HERE.
24:01 - WE HAVE TO COLLEGE EDUCATED
24:03 - ADULTS IN THE PRIME OF THEIR
24:04 - LIVES. I'M TO SECURE THEIR
24:06 - WEALTH FOR
24:06 - THEIR FUTURE. AMONG THE ASSETS
24:08 - HAS BEEN PUT INTO THE TRUST ONE
24:10 - HIMSELF AND HIS WIFE OR 2
24:12 - QUARTER MILLION
24:12 - DOLLAR HOUSE. THOSE RENTAL
24:14 - PROPERTIES COMPOSE ROUGHLY 3%
24:16 - OF THE
24:16 - ENTIRE STATE. THE PROBLEM IN
24:18 - THE FRAUD CLAIM IN THIS CASE
24:20 - IS THAT BECAUSE THE CO GRANT OR
24:22 - THE TRUST PROFESSORS THAT SHE
24:23 - DID NOT KNOW ABOUT THESE ASSETS
24:25 - THE ENTIRE TRUST MUST FAIL.
24:27 - SUPERIOR COURT TERM THAT
24:28 - CLAIMED PEOPLE WE SERVE FOR
24:31 - 2 REASONS IDOL. HEARST THERE IS
24:33 - NO DUTY UNDER TRUST LOT OF
24:35 - COURSE EVERY ASSET GOING INTO A
24:36 - TRUST. SECOND.
24:38 - THE 2 OFFENDING POINTS
24:40 - CONTRIBUTED $470,000.
24:42 - THE GREATER GOOD OF THE PAST
24:44 - REALLY FAMILY INCLUDING MISSUS
24:45 - HAS HER OWN.
24:47 - HEARD AND PERHAPS LEAST
24:48 - IMPORTANT NONDISCLOSURE
24:49 - IS IMMATERIAL. THE 2 HOUSES
24:51 - MISTER MCINNIS AND SEEDS OR 3%
24:53 - ON INTEREST RATES. I WANT TAKEN
24:56 - FROM THE TRUST. ALRIGHT, IN
24:58 - BY STEALTH. THEY WERE PUT INTO
25:00 - A TRUST FOR THE BENEFIT OF THE
25:01 - FAMILY.
25:02 - SO WHILE I UNDERSTAND THE
25:04 - RATHER WHAT I WOULD DESCRIBE AS
25:05 - WEAK TWO-PART TEST LIVE IN
25:08 - LOWER CASE WITH I DIDN'T KNOW
25:10 - THE FACTS AND HAD THE DECEIT
25:12 - KNOWN ALL THE FACTS SHE HAD
25:15 - WRITTEN WOULD NOT HAVE BEEN
25:15 - WRITTEN AS AN AD. I DON'T
25:17 - BELIEVE IT
25:18 - HAS MERIT IN A IN THE CONTEXT
25:20 - OF THEM IN OR BUY VOTES TRUST
25:21 - SETTING. HEAR ALL OF
25:24 - THE PARTIES. GRANT HORST
25:25 - TRUSTEE BENEFICIARIES ARE
25:27 - ALIVE. AND
25:29 - A LOW THRESHOLD WHICH IS I
25:30 - DIDN'T KNOW AND I WOULD HAVE
25:31 - DONE OTHERWISE IS A SITUATION
25:34 - WHICH CAN BE USED AS A WEAPON
25:35 - TO ACCOMPLISH THE PURPOSES WHAT
25:37 - I THINK HAS BEEN DONE HERE.
25:39 - THE GLOVER TEST INVITES AN
25:40 - UNHAPPY PARTY TO ANY FACT
25:42 - AND CLAIMED THAT HE CAN CLAIM
25:45 - ANY FACT A SUFFICIENT TO SAY I
25:46 - DIDN'T KNOW IT AND THAT RUSSIAN
25:48 - BE THIS PART SHOULD BE
25:49 - TO SPEND. PASS REALLY PARENTS
25:51 - HERE SIGNED A TRUST TO
25:52 - PRESERVE WEALTH. IT'S THE 40
25:55 - ONCE THAT CONTRACT WAS SENT IN.
25:57 - LET HER PROVED THE SAME
25:58 - ELEMENTS OF MISREPRESENTATION.
26:00 - MATERIALITY JUSTIFY ALLIANCE
26:03 - DAMAGE IS NOT ANY OF THE
26:04 - CONTRACT.
26:06 - INDICATED IN THE SUPREME COURT
26:09 - SORRY TO INTERRUPT YOU, BUT SIR
26:11 - YOU CAN TAKE YOUR ALTERNATE
26:12 - STRIP. IF YOU DO THAT THEN
26:14 - OBVIOUSLY YOU'VE ELECTED OR
26:16 - GOING TO QUESTIONING BY THE
26:17 - COURT.
26:20 - >>ME OUT YOU MIGHT GET HER HELP
26:22 - YOUR CAUSE YOU.
26:24 - IN BRIBES. YOU KNOW YOU SEE ALL
26:26 - THE RESPOND TO ANY QUESTIONS
26:28 - YOU JUST AS YOU MIGHT HAVE BUT
26:30 - IT'S YOUR CHOICE YOU WANT TO
26:31 - JUST KEEP GOING. AS WE ROUND
26:33 - OUT THE ANSWER QUESTIONS.
26:35 - OKAY, WE'LL START WITH JUST
26:36 - DESPAIR. AND THEN YOU ARE IN.
26:39 - IT YOU KNOW BY THE TIME OR
26:40 - THROUGH ANY QUESTIONS WERE
26:41 - MOVED TO A COKE. THERE IN THE.
26:45 - NOW THE
26:45 - OTHER COUNCIL FOR HALEIGH JESSE
26:47 - SPEER.
26:49 - >>AND MISTER ACTION YOU'LL
26:51 - FORGIVE ME IF I PERHAPS
26:52 - INTERRUPT BECAUSE I HAVE A FEW
26:53 - QUESTIONS THAT I WANT TO ASK
26:55 - VERY
26:56 - LIMITED TIME, YOU'RE OPPOSING
26:57 - COUNSEL SUGGEST THAT WE SHOULD
26:59 - PULL THE LENS BACK ON THIS
27:00 - TRANSACTION AND LOOK AT IT AS
27:03 - A TOTALITY AND IN AND OBVIOUSLY
27:06 - I'M NOT READ THE NOT READ THE
27:09 - TRANSCRIPTS AND IN SOMEBODY
27:10 - WILL DO THAT OR WE'LL ALL DO
27:12 - THAT. BUT THAT THIS WAS AN
27:13 - ELABORATE SCHEME. THAT HE HID
27:16 - THESE HOMES IN JAPAN
27:18 - THAT HE HAD ONLY ONE LAWYER IN
27:20 - IN IN THE IRREVOCABLE TRUST IN
27:23 - HIS DESIGN WHICH HE THEN
27:24 - CARRIED OUT WAS TO GET THE
27:26 - EQUITABLE DISTRIBUTION AND TRY
27:28 - TO THIS INHERITOR OF THE
27:30 - MILLION THAT THEY HAD.
27:34 - JOINTLY. ATTRIBUTED WHY IS THAT
27:37 - WRONG WHY WOULDN'T THE TRUST
27:39 - JUST ONE COMPONENT OF A SCHEME
27:41 - TO WALK AWAY FROM THE MARRIAGE
27:43 - WITH EVERYTHING AND WHAT
27:45 - YOU ARE.
27:45 - >>WHO LETS PUT IT THIS WAY
27:47 - LET'S LOOK FIRST OF ALL MRS.
27:49 - PASTOR ONLY INDICATED ON THE
27:51 - RECORD AND
27:51 - HER TESTIMONY IF SHE WANTED TO
27:53 - PRESERVE THESE ACTIONS THAT SHE
27:55 - WAS AWARE OF THE CONSEQUENCES
27:56 - OF DIVORCE. THESE ARE QUESTIONS
27:58 - THAT SHE POSTED A LAWYER IN THE
27:59 - DAY THAT SHE SIGNED IT
28:00 - MOREOVER CHAPIN IS ACTUALLY A
28:02 - COMPANY THAT WAS USED. MISTER
28:04 - PASS RALLY AND HIS FORMER
28:06 - PARTNER OWN. IT WAS USED TO
28:08 - HOLD REAL ESTATE
28:09 - LONG BEFORE ON THE BUSINESS WAS
28:11 - SOLD FOR THE BUSINESS OF THE
28:12 - UNION IS PARTNER OWN.
28:14 - ALL FOR THE SUBSTANTIAL AMOUNT
28:15 - OF MONEY THAT IS
28:16 - TODAY INTERESTS. LET ME ME
28:20 - INTERRUPT YOU ONE 2ND BECAUSE
28:22 - TIME IS SHORT. LET'S TALK ABOUT
28:23 - J BEEN A LITTLE BIT MORE
28:25 - DOESN'T OWN ANYTHING BESIDES
28:27 - 2 HOMES. OH YES, YES, OWNS IT
28:29 - OWNS 5 OF THE RESIDENTIAL
28:31 - PROPERTIES OF I HAVE WRECKED
28:32 - YOUR HONOR AND A DONATE
28:33 - AND PROBABLY RECORDERS MILLION
28:36 - DOLLARS IN TREASURY BONDS AND
28:38 - HIS WIFE AWARE OF
28:39 - ALL THAT. WELL YOUR HONOR ON TO
28:41 - THAT LET'S PUT IT THIS WAY I
28:42 - DON'T KNOW SHE KNEW EXACTLY
28:44 - WHAT WAS IN SHAPE AND JANE WAS
28:45 - DISCLOSED AS MISTER REBECCA
28:47 - MACKINNON INDICATED IS HAVING A
28:48 - VALUE OF $4.2 MILLION AND THEN
28:51 - VALUE WAS UNCONTESTED
28:52 - AND WAS UNCONTESTED IN THE
28:53 - HEARING WHICH TELLS ME SHE KNEW
28:54 - SOMETHING ABOUT IT.
28:57 - THANK YOU JUST BOUGHT.
29:02 - I HAVE NO QUESTIONS
29:04 - TO JUST.
29:05 - >>THANK YOU JUSTICE ADANI YEAR.
29:08 - >>I THINK COUNCIL I CAN'T
29:10 - ANSWER TO ME I'D LIKE YOU WHY I
29:13 - ASK YOU
29:14 - YOUR VIEW. I MEAN THAT'S A BIG
29:16 - CITY WITH WHICH THE ASKED
29:18 - STAFF.
29:19 - I DIED THIS
29:21 - TRIED I NEEDED TO BE DISCLOSED
29:24 - AS I UNDERSTAND IT JAKE, THEN
29:25 - IT'S A REAL STATEMENT, THE
29:27 - PARTNERSHIP
29:28 - THAT CORRECT.
29:29 - >>WELL I DON'T WANT TO SAY TO
29:31 - HIS PRIMARY ASSETS ARE REAL
29:33 - ESTATE AND I RECALL CORRECTLY
29:34 - WAS CREATED FOR THAT PURPOSE.
29:37 - >>OK SHOW ME
29:38 - THE ACTUAL ASKED THAT IN THE
29:40 - TRIAL WHEN HE
29:41 - CAN CORRECT.
29:43 - >>WHAT IT'S TAKE THEM
29:44 - UNDERSTAND IS JAY BEEN
29:46 - REPRESENTING MILLION
29:48 - OF THE ROUGHLY MILLION THAT
29:50 - MISTER I'M OK I
29:53 - UNDERSTAND THAT, BUT MY MY
29:54 - QUESTION IN UH IT IS REALLY
29:56 - SPEAK GET
29:57 - BACK TO.
29:58 - >>I'D BE ASKED THAT DAD IS AT
30:00 - ISSUE HERE BY YOUR OPPOSING
30:03 - COUNCIL TAKE THE CONDITION
30:05 - NAPPY AFGHAN ARE
30:07 - ALL OF THE ASSETS HELD BY THE
30:10 - LIMITED PARTNERSHIP AS I
30:12 - UNDERSTAND YOUR POSITION AND
30:14 - THE REASONING OF THE SUPERIOR
30:16 - COURT KEY ASSET IN
30:17 - FACT BE. LIMITED PARTNERSHIP II
30:21 - DO YOU AGREE WITH BACK IN
30:22 - CONTENTION.
30:23 - >>I LOOK LET ME
30:24 - BE CLEAR AND TRUST INDENTURE
30:27 - WHICH IS IN THE RECORD THE
30:28 - TRUST INDENTURE INDENTIFIED AS
30:30 - THE ASSET CONVEYED AS THE
30:31 - ASSETS AND THE LNP CHAIN BEEN
30:33 - PROPERTIES.
30:35 - THAT 200 AND BEFORE
30:38 - $70,000 OF THAT MILLION
30:40 - CONSISTS OF THESE
30:41 - 2 OFFENDING HOMES. THE BALANCE
30:43 - OF IT CONSISTS OF OTHER
30:44 - RESIDENTIAL REAL ESTATE UP AND
30:45 - DOWN THESE BOATS.
30:48 - >>I UNDERSTAND THAT COUNCIL, I
30:50 - MEAN BY THAT
30:51 - I
30:52 - THE QUESTION IS I SEE IT IS IT
30:55 - A SHAME TO BE ASKED THAT.
30:59 - I E J CAN AND IT VALUATION
31:03 - IN TOTAL. I
31:04 - BELIEVE I CAN DO AFTER HE THE
31:07 - SAMPLE OF WHAT THEY WANT TO BE
31:09 - ASKED THAT IT BE TRIED WITH
31:10 - THE CORPORATION. WOULD WOULD IT
31:13 - BE NECESSARY COULD DISCLOSED OR
31:15 - ALL OF THE PROPERTY HELD BY THE
31:17 - CORPORATION. I DON'T THING
31:20 - YEAH. FILE CABINET, ETCETERA OR
31:22 - IF THAT
31:23 - DECISION QUE IT'S CLOSE THE
31:26 - EXISTING OF THE CORPORATION IS
31:28 - PART OF THE RACE TO BE TRIED IN
31:30 - TO PUT A VALUE ON IT, I'M
31:31 - ASSUMING YOU'RE ADDITIONAL
31:33 - LINES WITH THAT AS THE
31:34 - SUPERIOR COURT.
31:36 - >>AND YES AND WHAT WE'RE
31:37 - SUGGESTING HERE IS THAT AGAIN
31:39 - THIS CAN BE USE THIS DEVICE.
31:41 - BREAK APART TRUST FOR OTHER
31:42 - REASONS. EXAMPLE SUPPOSE MISTER
31:45 - CASTRO'S INVESTMENT ACCOUNT
31:46 - HELD STOP IT NOW IN CROP ARE
31:48 - SOME OF THE
31:49 - OTHER COMPANIES AND OUR OPIOID
31:51 - MANUFACTURERS I CAN UNDERSTAND
31:53 - WHERE SOMEONE MIGHT BE OFFENDED
31:54 - BY THAT OR ANY OTHER FORM OF
31:56 - ASSET WAS GRAHAM'S AT THAT TIME
31:59 - IN 2010 BUT BE OFFENDED BY
32:00 - ASSET. THE FACT OF THE MATTER
32:02 - IS THAT POSSIBLE DOES NOT
32:04 - REQUIRE US TO DISCLOSE EACH AND
32:05 - EVERY ASSET IN CONTRIBUTED TO A
32:07 - CAR DEALERSHIP
32:08 - I MEAN THERE'S A HUGE NUMBER I
32:10 - UNDERSTAND THAT LET ME LET ME
32:11 - JUST INTERRUPT I COULD GET IN
32:13 - ONE MORE
32:13 - QUESTION ON.
32:15 - >>YOUR OPPOSING IS IT APPEARS
32:19 - NOW IN SOME LIGHT AND INCREASE
32:20 - THE MORE
32:21 - SO NOW.
32:22 - >>I TAKING A POSITION THAT THIS
32:24 - CASE AS SOMETHING TO DO
32:26 - WITH ON
32:28 - PERPETRATION OF ROUGH RIDE IN
32:30 - GENERAL AS OPPOSED TO THE
32:32 - MANNER IN WHICH I UNDERSTAND
32:33 - THE CASE WITH THE BALLOT WHICH
32:35 - A DIFFERENT CHALLENGE
32:37 - TO A
32:38 - 9 DISCLOSURE OF AFTER THAT WITH
32:41 - IN THIS
32:45 - LIMITED PARTNERSHIP. ARE WE NOT
32:48 - CONFINED IN ADDRESSING THIS
32:50 - CASE TOO.
32:52 - THE FACTS AND TO REDEFINE WHICH
32:54 - WE DEVELOPED I E AN ATTACK
32:56 - ON 9 TO CLOSE WHAT I WANT TO BE
32:59 - AT THAT GUY IN THE TRUCK.
33:05 - >>I SEE THIS IS A LITTLE BIT
33:06 - DIFFERENTLY AND HOW IT WAS
33:07 - PRESENTED IT WAS PRESENTED
33:08 - FIRST IS THERE WAS A NEED TO
33:09 - DISCLOSE THE RELATIONSHIP IN
33:12 - ORDER FOR THE TRUST THE BALLOT.
33:14 - THE TRIAL COURT DECIDED IT WAS
33:16 - GOING TO INVALIDATE THE TRUST
33:18 - BASED UPON THE NONDISCLOSURE
33:19 - BEEN
33:19 - 2 PROPERTIES. NOW AND THE
33:22 - VARIOUS POINTS DURING THIS
33:23 - DURING
33:24 - THIS ARGUMENT. ALL THE WIFE HAS
33:26 - TAKEN DIFFERENT POSITIONS ON
33:27 - THAT AND BASICALLY EITHER
33:29 - ADVANCED IT CAN THINK WELL WHY
33:31 - NOT JUST GO TO THE YES IT WAS
33:32 - ENOUGH AND THE OTHERS THE NOT
33:33 - JUST WHAT IS THE RELATIONSHIP.
33:35 - I THINK MISTER OCEAN'S PRE
33:36 - DOESN'T OUR GOVERNMENT AND WAS
33:38 - LEAVING THE FACT THAT
33:39 - HOW ARE WE TO DEFINE WHAT IS A
33:41 - RELATIONSHIP AND WHAT IT MEANS
33:42 - ON. AND AND WHERE IS WHERE DOES
33:46 - THAT LINE GET DRAWN. I THINK
33:47 - THAT'S A VERY. DIFFICULT TASK
33:50 - FOR ANY COURT TO TRY TO DO.
33:52 - >>THANK YOU MISTER AND GET HER.
33:53 - THANK YOU MISS DRIVE IN THAT.
33:55 - WE WILL TURN A IN THE
33:57 - REMAINING. IT CAN
34:00 - MATCH TO YOU'RE ALL SHOULD.
34:05 - >>THANK YOU CHIEF PLEASE THE
34:08 - AGAIN MONEYS THAT WAS WAS
34:10 - APPOINTED AS GUARDIAN AD LITEM
34:12 - ON BEHALF OF E. TO PASS A
34:15 - MOTION WITH CHILDREN.
34:17 - AND IF I MAY UTILIZE
34:19 - MY SO THE LIMITED ISSUE.
34:22 - IT'S TEMPTING TO. LET'S
34:26 - WELL WITH THE JUSTICE TIDE AND
34:28 - JUST AS DONAHUE OF BRIEFLY
34:29 - CHARACTERIZES MISCONDUCT.
34:32 - CLAIM.
34:34 - GENERALLY WHEN DEALING WITH
34:36 - FINANCIAL DISCLOSURES. SEASON,
34:37 - ONE WHEN EWING WITH DISCLOSURE,
34:39 - GENERALLY EITHER YOU NEED.
34:42 - THE MASSACRE RELATIONS CONTACTS
34:44 - OR ME. THE STATE CONTEXT WE'RE
34:47 - DEALING WITH FINANCIALS WE'RE
34:49 - NOT DEALING WITH MISCONDUCT OR
34:51 - EXTRAMARITAL
34:52 - AFFAIRS, THOSE AND THERE'S NO
34:54 - CASE LAW IS AS I CAN FIND A
34:56 - FEELING WE NEED TO MAKE THOSE
34:58 - CLAIMS OF SCHOOLS.
35:00 - AND WHEN I WAS PREPARING FOR
35:02 - THE SURGERY, I HAD AN
35:03 - OPPORTUNITY TO
35:04 - WATCH MONDAY'S. STREAM AND SOUL
35:08 - JUST
35:08 - AS FAIR. POSITIVE NUMBER OF
35:10 - HYPOTHETICALS WHICH GOT ME MR.
35:12 - ASHTON'S THINKING WELL WHAT
35:14 - WOULD THIS DO TO SETTLE
35:15 - DOMESTIC RELATIONS LAW.
35:17 - IF ON A DATING THIS WOOD IN
35:20 - HIS ARGUMENT. THERE WAS A
35:22 - REQUIREMENT BEGIN MAKING PEACE
35:24 - HOPES OF DISCLOSURES.
35:25 - AND IT IS SAFE TO LEAVE.
35:29 - WE RUN THE RISK OF.
35:31 - INVALIDATING WE'RE CALLING INTO
35:33 - QUESTION. THE VALIDITY OF ANY
35:35 - NUMBER OF THE NUPTIAL
35:36 - AGREEMENTS. BECAUSE
35:39 - AS PRACTITIONERS.
35:43 - COAKLEY DUTIES OF OUR CLIENTS
35:44 - ARE GENERALLY NOT OUR CONCERN
35:46 - IT'S WHAT ARE YOUR FINANCIALS
35:48 - WHAT'S YOUR INCOME
35:49 - AND IS THE DISCLOSURE MADE
35:52 - OTHER SUFFICIENT ENOUGH OR WAS
35:54 - THERE A FULL WAIVER. HAS FOUND
35:56 - IN THE BENNETT CASE. COURTED BY
35:58 - MISTER RICK AND HIS CLIENT.
36:01 - THE BIGGER PROBLEM
36:03 - IS IF YOU MAKE A GENERALIZED
36:06 - FINDING THAT THIS TYPE
36:07 - OF MISCONDUCT II'S A NECESSARY
36:11 - ELEMENT DISCLOSURE. THOSE THAT
36:13 - CALL INTO QUESTION WHETHER OR
36:15 - NOT.
36:18 - PREMARITAL MISCONDUCT MUST
36:20 - BE DISCLOSED. OTHERWISE YOU
36:22 - CALL INTO QUESTION. THE
36:23 - VALIDITY OF THE MARRIAGE.
36:25 - UNDER 33 '05, YOU
36:27 - KNOW, IT'S. THERE'S NO CASE LAW
36:30 - THAT COULD FIND ON THE WALL
36:31 - HEALING THAT ISSUE.
36:34 - THERE ARE LIMITED REFERENCES TO
36:37 - PREMARITAL AND CHASTITY
36:39 - WELL AS I COULD FIND IN THE NL
36:41 - OR. BUT GENERALLY.
36:45 - IT GAINED THE FRAUD REFERENCE
36:47 - FOR A NO-MAN'S DOESN'T. STILL
36:50 - IN 2.
36:54 - THIS COURT TO ADOPT NOW.
36:56 - >>THANK YOU MISTER
36:57 - OCEAN OUT OH I'D LIKE TO BE A
37:00 - FOR YOU
37:00 - CONCLUDE GO. I ASK YOU SOME OF
37:03 - THE OTHER REMAINING JUSTICES
37:05 - MIGHT HAVE A QUESTION YOU.
37:07 - STARTING JUSTICE DAUGHERTY'S
37:10 - WHO QUESTIONS.
37:14 - >>THANK YOU FOR MISTER ASKED
37:15 - HIM A COUPLE QUESTIONS CHIEF
37:16 - JUSTICE. MISTER ASHTON WOULD
37:18 - YOU AGREE THAT THERE'S NO
37:20 - REASON WHY
37:21 - WE SHOULD GO STRAIGHT FROM THE
37:24 - 6 LONGSTANDING ELEMENTS FOR
37:26 - FRAUD.
37:28 - >>YEAH, ABSOLUTELY AS I SAID I
37:29 - DO THIS IS A CONTRACT CASE.
37:31 - WHEN I SAY THAT I THINK THIS
37:32 - TRUST IS A CONTRACTOR HAS
37:34 - DUTIES IN THE RUNNING MAN BOTH
37:36 - DIRECTIONS AND THEREFORE SHOULD
37:37 - BE DECIDED AS AS A COUNTRY CASE
37:39 - NOT IN A STATE IS THE OTHER THE
37:41 - OTHER QUESTION I HAVE FOR YOU
37:42 - SIR
37:46 - THE WIFE BROUGHT THE
37:47 - DIVORCE CLAIM. AND I UNDERSTAND
37:50 - ON HER PETITION FOR SPECIAL
37:51 - RELIEVE BE.
37:53 - >>THE FAMILY OF THE DOMESTIC
37:54 - RELATIONS COURT SUBSTANTIAL
37:57 - AMOUNT OF THE TRUST CORPUS IS
37:59 - NOT RIGHT. YEAH, HE TRIED TO
38:01 - INCREASE HAVE BEEN EFFECTIVELY
38:02 - CONTROLLED BEFORE HIS OWN.
38:04 - >>YEAH, SO THEN
38:07 - WIFE BRINGS HER PETITION
38:09 - FOR TERMINATION OF THE TRUST
38:10 - AND THE ORPHANS COURT. MY
38:12 - QUESTION IS SO YOU'VE GOT THESE
38:15 - 2 ACTIONS THERE.
38:17 - WHY CAN'T HE BE CONSOLIDATED
38:19 - AND THEN SHE CAN LITIGATE THE
38:21 - MISCONDUCT CLAIMS IN THE
38:22 - ALIMONY ISSUE ON TO THE EXTENT
38:24 - THAT'S THERE AND IF FOR
38:26 - SOME REASON THERE ARE NONE OF
38:28 - ASSETS AT THE END OF
38:29 - THIS GAME. DUE IN JUNE AND KATE
38:31 - BE ECONOMIC GOD CLAIMS IN
38:33 - DIVORCE. INTEREST CORPUS HASN'T
38:35 - GONE ANYWHERE IN THE 6 ELEMENTS
38:38 - FOR FRAUD ARE MADE OUT. BOY
38:40 - ABILITIES AVAILABLE WALK.
38:42 - I ISN'T THAT THE WAY THIS
38:44 - SHOULD
38:44 - BE HANDLED. WHY I TEND TO I
38:47 - DON'T ENTIRELY AGREE WITH YOUR
38:48 - ANALYSIS RIGHT AND AGREE WITH
38:49 - THE PREMISE OF IT WHICH IS.
38:51 - >>THESE PEOPLE MADE A CONSCIOUS
38:52 - DECISION TO PUT ASSETS
38:53 - INTERESTS. SO THERE IS A TRUST
38:55 - AND THE TRUST IS A SUBJECT
38:57 - ORGANS. COURTS
38:57 - EXCLUSIVE JURISDICTION. HE ALSO
39:00 - IN OUR RETIREMENT ASSETS AND
39:02 - OTHER THINGS THAT THEY DON'T
39:03 - PERSONALLY SHOWERS AND THEY'RE
39:05 - ALSO ALIMONY CLAIMS ALL WINTER
39:07 - PERFECTLY DRINKABLE INDY ALL
39:09 - FAMILY COURT DIVISION. SO I I
39:12 - SEE THIS IS A SITUATION WHERE
39:14 - THERE ARE 2 SETS OF CLAIMS BOTH
39:16 - OF WHICH TEMPLE IN THE END BOTH
39:17 - OF WHICH YOU AND PROCEEDED ON
39:19 - WITHOUT INFLATING THE 2.
39:25 - >>LET'S JUST REMIND YOU THAT
39:27 - QUESTION BEFORE WE INCLUDED.
39:30 - >>NO QUESTIONS. THANK YOU.
39:33 - AND MR.
39:33 - >>OCEAN NEAR A WORD THAT YOU
39:36 - WOULD LIKE TO SAY BY WAY OF
39:37 - SUMMER.
39:41 - >>BEING THE ONLY
39:44 - >>THE STATE.
39:45 - >>IF PARTIES TO DIVORCE
39:46 - LITIGATION TEND TO UTILIZE
39:48 - OTHER EQUALS TO PUERTO RICO, HE
39:50 - PULLED DISTRIBUTION.
39:52 - IT'S NOT LEAST FROWNED
39:55 - UPON DO YOU FIND IT QUITE OFTEN
39:56 - IN EITHER PRENUPTIAL OR ANY NOT
39:58 - TO HUMANS.
39:59 - THE QUESTION IS ALWAYS WHETHER
40:01 - THE FAIR DISCLOSURE WAS MADE
40:03 - ARGUABLY AS MISTER ABSOLUTELY
40:04 - IT EARLIER. SUCH A DISCLOSURE
40:07 - WAS MADE IN THIS CASE EVEN
40:09 - THOUGH WASN'T
40:10 - NECESSARILY REQUIRE. I THINK
40:13 - THAT THE LAST COMMON ON A CASE
40:14 - THAT THE SCRIVENER TESTIFIED
40:16 - THAT THERE WAS A CONSCIOUS
40:17 - DECISION ON HIS PART
40:19 - TO IDENTIFY THE ASSETS IN
40:21 - SCHEDULE IN A BID TRUST AS THEY
40:23 - WERE I CAN'T FAULT BECAUSE
40:25 - THE CORPORATE INTEREST WAS WHAT
40:27 - WAS TRANS.
40:29 - THERE WAS OTHER DOCUMENTATION
40:31 - THAT WAS ADMITTED THIS
40:32 - TIME TRIAL AND THAT SHOWED
40:34 - EARLIER SPREADSHEETS THAT
40:36 - CONTAIN EACH IDENTIFIABLE
40:38 - ASSETS THAT THE THE SCHEDULE
40:40 - WAS COLD FRONT.
40:42 - SO OBVIOUSLY THAT CALLS INTO
40:43 - QUESTION WHETHER OR NOT THERE
40:45 - WAS
40:45 - HIS INTENT. ON THE PART OF
40:47 - MISTER YASSER ALI TO
40:49 - CREATE THIS SCHEME A FRAUD WHEN
40:51 - THE INFORMATION WAS.
40:53 - DELIVER TO SCRIVENER AND BY THE
40:56 - SCRIPTURES A MISSION COLD FROM
40:58 - OR DID HE WAS SCHEDULED TO
41:00 - SCORE.
41:01 - >>THANK YOU, THANKS TO ALL
41:02 - COUNCILS WITH THAT NO COUNTRY
41:04 - THE ARGUMENT.
41:08 - >>RECONVENE THE ARGUMENT.
41:13 - THANK YOU FOR YEARS.
41:17 - >>SUMMER IS HERE AND SO IS PCN
41:19 - SUMMER LINEUP. IT ALL STARTS
41:20 - WITH THE AFRICAN AMERICAN
41:21 - EXPERIENCE SHOWCASING THE
41:23 - ACCOMPLISHMENTS AND HISTORY OF
41:25 - AFRICAN AMERICANS AND P A TAKE
41:27 - A TRIP BACK IN TIME WITH ITS
41:29 - HISTORY.
41:30 - THE UK WITH SOME OF OUR STATE'S
41:31 - FAMOUS FIGURES WITH PCN
41:33 - PROFILE. FINALLY TREAT YOURSELF
41:35 - TO SOME
41:36 - STARTING AROUND KEYSTONE
41:38 - CUISINE PCN SUMMER LINEUP.
41:40 - EVERY SUNDAY BEGINNING JULY 12
41:42 - ON CABLE AND STREAMING.
41:48 - >>THIS MATTER IS IN THE CIVIC
41:50 - VERSUS THE STATE ETHICS
41:51 - COMMISSION ARE YOU GOING TO
41:53 - HAVE A POEM IS REALLY BEHALF OF
41:56 - THE MOVIE. JEFFREY FRANKEL.
42:00 - AGAIN MORNING.
42:03 - WI MEMBER.
42:06 - TOWNSHIP'S BOARD OF SUPERVISORS
42:08 - HERE.
42:10 - ALAN SECURED EMPLOYMENT
42:12 - FINISHED ON. AND THEREAFTER HER
42:15 - EYES SHUT. I'M SHE.
42:18 - STATE ETHICS COMMISSION
42:19 - DETERMINED THE ISLAND.
42:21 - RILEY CONFLICTS OF INTEREST
42:23 - PROVISION IN THE ARCTIC SHELL
42:25 - IN ORDER HIM TO PAY
42:26 - RESTITUTION.
42:29 - HOW LONG IS SHOWN BEING EASE.
42:33 - TERMINATIONS.
42:39 - >>GOOD MORNING MISTER TO
42:40 - JUSTICE AND MEMBERS OF THE
42:41 - QUARTER AND ARE YOU READY.
42:43 - COUNSEL FOR THE A POUND JUNE
42:44 - PIECE OF IT MAY IT PLEASE
42:46 - THE COURT. RESOLUTIONS IN THIS
42:49 - CASE OF
42:49 - COMMON CLEAN. BECAUSE THE
42:51 - FACTUAL EVIDENCE MR. COM WORLD
42:53 - PROVIDED TO MEET THE
42:54 - REQUIREMENTS OF THE
42:56 - I WANT TO ADDRESS THE U.S.
42:57 - COMPUTERS TO ISSUE OF
42:59 - RESTITUTION FIRST.
43:01 - IT WAS STIPULATED IN THE RECORD
43:03 - BOTH THE COMMISSIONER
43:04 - COMMONWEALTH COURT FOUND THAT
43:05 - WAS TO SERVE ITS OWN WAS A
43:06 - MAINTENANCE WORKER ON THE
43:07 - ROAD CREW. UNDER MISTER CIVICS
43:09 - IMMEDIATE SUPERVISION IS
43:11 - DIRECTOR OF
43:11 - PUBLIC WORKS. AND IN THIS
43:13 - SPECIFIC WAS AN ELECTED MEMBER
43:14 - OF THE BOARD OF SUPERVISORS AND
43:16 - IN FACT THE CHAIRMAN OF THE
43:17 - BOARD OF SUPERVISORS.
43:19 - IMAGE AN INDICATION THE
43:20 - COMMISSION ORDERED MR. CENTER
43:22 - TO PAY RESTITUTION IN THE
43:23 - AMOUNT OF
43:24 - $30,000. THE PRIME OF SENIOR
43:27 - RECEIVED BY HIS SON IS A LABOR.
43:29 - I'M ALL COURT OF
43:30 - HEALTH DISORDER. THIS IS NOT
43:32 - AUTHORIZED BY THE ACT.
43:34 - AS ALWAYS THE BEST WAY TO
43:36 - DETERMINE THE INTENT AND
43:37 - PURPOSE 70 STATUTE IS TO FOCUS
43:39 - ON THE WORDS ACTUALLY EMPLOYED
43:40 - BY THE GENERAL ASSEMBLY.
43:43 - POWER GIVEN TO THE COMMISSION
43:44 - TO ORDER RESTITUTION APPEARS IN
43:46 - ONLY ONE PLACE THE ENTIRE ACT.
43:49 - SECTION 107 13 SENTENCE NUMBER
43:52 - 3 IS THAT LOCATION.
43:55 - IT'S VERY
43:55 - CLEAR QUOTE ANY WORD OR
43:57 - RESULTING FROM A FINDING THAT A
43:59 - PUBLIC OFFICIAL OR PUBLIC
44:00 - EMPLOYEES AS OF SUNDAY,
44:02 - INTERRUPTING IN VIOLATION OF
44:03 - THIS CHAPTER. THEY REQUIRE THE
44:05 - RESTITUTION PLUS INTEREST OF
44:07 - THE TEAM TO THE APPROPRIATE
44:08 - GOVERNMENTAL BODY WAS COLD.
44:11 - IT'S NEVER BEEN CONTENDED THAT
44:12 - HIS SON WAS A
44:13 - PUBLIC OFFICIAL OR PRESS OR
44:15 - PUBLIC EMPLOYEE AS THOSE TERMS
44:17 - ARE DEFINED BY WILL MOVE TO THE
44:19 - ACT.
44:20 - INSTEAD BOTH THE COMMISSION AND
44:21 - COME WITH 40 NOTIFIED.
44:23 - ONLY JOHN PIECE OF THE
44:24 - RESPONDENTS AS A PUBLIC
44:26 - OFFICIAL AND PUBLIC EMPLOYEE.
44:28 - THIS IS A
44:29 - SO IT WASN'T CONCLUSION OF LAW
44:30 - NUMBER ONE OF THE COMMISSION'S
44:32 - DETERMINATION.
44:34 - BUT BY FOCUSING ON THE ACTUAL
44:35 - WORDS AND KNOWLEDGE IN STATUTE.
44:37 - THE LEGISLATURE WENT FROM A
44:38 - TRUSTED TO SURE A QUOTE PUBLIC
44:40 - OFFICIAL OR PUBLIC EMPLOYEE, AS
44:42 - A TEEN FINANCIAL GAIN.
44:45 - THEREFORE BEEN
44:46 - LEGISLATED DETERMINATION IS
44:48 - THAT YOUR SON IS NOT ANY
44:50 - BROADER CIRCUMSTANCES SUCH AS
44:52 - ANY TIME COMPENSATIONS PETER
44:53 - RECEIVED IN VIOLATION OF THE
44:56 - ACT. FRANKLY THAT PHRASE
44:58 - TO OBTAIN WE HAVE
44:59 - REALLY RESTRICTS THE LIST OF
45:01 - RECIPIENTS TO ONLY THE PUBLIC
45:03 - OFFICIAL OR PUBLIC EMPLOYEE.
45:04 - WE'RE IN MINIMUM REQUIRES
45:06 - PUBLIC OFFICIAL REPUBLICAN
45:07 - PARTY TO COME INTO CONTACT WITH
45:09 - THE COMPENSATION.
45:11 - REVENUE DOESN'T SUPPORT THAT
45:12 - AND THEREFORE THE AN
45:14 - INTERPRETATION OF THE STATUTE
45:15 - IS A FOUNDER. THE COMMISSION
45:19 - AND THE COURT.
45:22 - LANGUAGE TO LOSE 7.30. DO OUR
45:25 - INSTITUTION FOR
45:26 - ANY QUOTE AND IN TRUE GAME
45:28 - BENEFITING THE PUBLIC OFFICIAL
45:29 - REPUBLICANS WILL HE REMEMBERED
45:31 - HIS IMMEDIATE FAMILY TO SCHOOL.
45:33 - THAT'S ACTUALLY FROM THE
45:34 - COMMONWEALTH COURT DECISION
45:35 - PAGES. 2425 OF THE MEMBERS OF
45:38 - THE CANYON.
45:40 - THE LAND THAT LEGISLATIVE
45:41 - OPTION WAS PURSUED WASN'T
45:43 - ELECTED BY THE
45:43 - GENERAL ASSEMBLY. IT IS NOT
45:45 - WITHIN THE PURVIEW OF EITHER
45:47 - THE COMMISSION OR THE
45:48 - COMMONWEALTH COURT TO ENSURE
45:50 - THE LANGUAGE OF THE STATUTE.
45:52 - >>THANK YOU. MISTER NG WHO WILL
45:55 - BEGIN THE QUESTIONING YES THIS
45:58 - TIME.
46:00 - >>THANK YOU CHIEF JUSTICE.
46:02 - GOOD MORNING COUNCIL.
46:03 - >>WHO REALLY.
46:05 - >>THERE ARE CASES.
46:07 - >>OUT THERE. WE'RE A PUBLIC
46:09 - OFFICIAL
46:10 - AS.
46:11 - >>CHANGE IT TO OFFER SOMEONE
46:13 - CAME TO BENEFIT FOR SOMEONE WHO
46:15 - MAY OR MAY NOT BE A FAMILY
46:17 - MEMBER AND THEN A PUBLIC
46:19 - OFFICIAL RECEIVES A LOOK AT
46:22 - RECEIVE SOME SORT OF FINANCIAL
46:24 - GAIN GROUND THAT
46:26 - I MEANT THAT IS CLEARLY NOT THE
46:28 - CASE HERE IS THAT CORRECT SIR.
46:34 - >>THERE ARE OTHER FOLKS IT'S
46:36 - UNDER PERCENT.
46:40 - I WANTED TO ADDRESS TO TO SHUN
46:42 - SEPARATE.
46:46 - I GUESS WE'RE WHAT I'M GETTING
46:48 - AT IS.
46:51 - UNDER THE PLAIN MEANING OF THE
46:52 - ACTOR WHO REALLY DID ENOUGH
46:54 - TAXED.
46:56 - AND UNDER THE FACTS OF THIS
46:58 - CASE GIVEN CRIMES TOO.
47:00 - THE MISCONDUCT AND A VIOLATION
47:02 - OF THE ACT.
47:03 - THERE IS NOT GETTING REPS TO
47:05 - JUNE. THE TRENDS. I WOULD SHOW
47:08 - US ALL AND NOT RECEIVED A
47:10 - GRANT. SET
47:13 - YOUR ARGUMENT.
47:13 - >>I THOUGHT IT WAS ISSUES NOT
47:15 - JUST.
47:17 - >>NOTHING FOR YOU.
47:19 - >>IT WOULD USE IS
47:20 - DOWN HERE.
47:21 - >>I DON'T FEEL THAT THEY CANNOT
47:23 - LOOK AT THE SACKING IT TO THEM
47:25 - IF YOU ARE DOING 72. IT INTO
47:28 - THE OPENING MINUTE. THAT'S
47:30 - CORRECT ARE
47:30 - THEY ON AND IT'S AND SCIENTISTS
47:34 - CAN'T DIE THAT'S IN THIS CASE
47:36 - ON.
47:38 - A REVIEW OF
47:39 - THE TIME SHE THOR PERSONNEL
47:41 - RECORDS I I THE OF OTHER
47:45 - EMPLOYEES
47:46 - HAPPENED EASTON IT'S REALLY
47:48 - ESSENTIALLY I'M IN THE ORDINARY
47:50 - COURSE OF BUSINESS AND THERE'S
47:52 - NO
47:52 - EVIDENCE THAT THIS AND WHAT IS
47:55 - IT ANY DIFFERENTLY THAN ANY
47:57 - OTHER EMPLOYEE WHO SENT THAT
47:59 - SOME CLASS OF
48:00 - INDIVIDUALS WHOSE PERSONNEL
48:03 - RECORDS ON THE ACCOUNTANT
48:04 - REVIEW
48:05 - AND CORRECT.
48:07 - >>YOU'RE ASKED TO SPEAK TO HER
48:09 - AND IT IS I IF I UNDERSTAND
48:11 - YOUR ARGUMENT ABSENT EVIDENCE
48:14 - OF SOME SPARE AND TREATMENT.
48:16 - IN THIS CASE SIDE.
48:19 - THIS STATUTE. I
48:20 - CLEARLY IN CONGRESS AS
48:23 - I AND AFFIRMS THE PROPRIETY OF
48:26 - THE KIND OF THING WHICH YOUR
48:28 - CLIENT WAS INVOLVED IN THIS
48:29 - CASE.
48:32 - >>IN THE ABSENCE OF EVIDENCE TO
48:34 - SUPPORT IT CONCLUSION YOU
48:36 - TRICKED US
48:36 - AND PROVIDE ME THAT THERE
48:38 - CANNOT BE OPENING THAT YOU
48:40 - FINALLY PUT THE REQUIREMENTS.
48:43 - THE THRESHOLD UNQUOTE COMMUNITY
48:45 - INTO CONFLICT OF INTEREST TO BE
48:47 - SOMETHING MORE THAN
48:48 - HE TREATED. WITHIN A CLASSIC
48:51 - REQUIRED TO BE TREATED
48:52 - DIFFERENTLY FROM REMEMBER THE
48:54 - CLASS THIS CLASS HAS IT EXCUSES
48:56 - OF ALL FULL-TIME EMPLOYEES
48:58 - UNDER MISTER CIVICS IMMEDIATE
48:59 - SUPERVISION AND THERE'S JUST NO
49:01 - EVIDENCE CONCRETE. THE HOURS
49:03 - WERE BY OR PAID FOR.
49:06 - TO MISTER CIVICS AND VERSUS
49:08 - ANYBODY ELSE ONLY A ON THE ROAD
49:10 - FOR HIM TO MISS THE CYNICS.
49:13 - PLUS A VISION. I BELIEVE THAT
49:15 - THERE HAS TO BE SO FOR THAT
49:17 - THEY DID IF THERE IS NO PROOF
49:19 - SHE RULED HERE I THINK THE THE
49:21 - STATUE REQUIRES SOMETHING
49:22 - BEYOND THAT THRESHOLD. IT'S
49:24 - VERY CLEAR
49:24 - FROM THE DEFINITION AND
49:26 - SELFRIDGES THIS TERM DOES NOT
49:28 - INCLUDE SEN.
49:30 - THAT MEANS BILL ABOVE THAT IS
49:33 - REALLY GET INTO THE ZONE
49:34 - WHETHER YOU HAVE A CONFLICT OF
49:35 - INTEREST I CAN BE CERTAIN OF
49:37 - THAT PERCENT BASIS OR SOMETHING
49:39 - TO THAT EFFECT.
49:40 - THERE'S JUST NO TRIP THAT HAD
49:41 - TO BE DONE ABOUT THEM AND THAT
49:42 - RUSSIA WILL.
49:43 - >>OK THANK YOU THANK YOU
49:44 - COUNCIL.
49:45 - >>THANK YOU JUSTICE DAUGHERTY.
49:49 - >>I'VE BEEN QUESTIONS COUNCIL.
49:55 - >>JOHNSON AND
49:56 - JUSTICE COUNCIL. THERE'S
49:58 - SOMETHING TO BE UNITY IN THE
49:59 - STATUTE OR BEING ON A GREAT.
50:02 - YOU KNOW HIM.
50:07 - IT'S HARD
50:13 - >>I DON'T HAVE ANY OTHER
50:13 - FEEDBACK. SO SOURCES HERE.
50:18 - USES OR AND IT
50:23 - WILL SERVE.
50:25 - BUT YOU'D GIVEN THEIR NORMAL
50:26 - ACCORDING TO THE COURT OF
50:27 - MEETING.
50:28 - >>FOR EXAMPLE THAT IT HAS TO
50:32 - WELL THE CITY.
50:33 - SOMETHING THAT SAYS HE WAS NOT
50:35 - TREATED TO THE SAME DEGREE IS
50:36 - A CLASS OVER THE GROUP WITH
50:38 - INCLUDES A PUBLIC OFFICIAL
50:40 - REMEMBERS HIS MEDIA FAMILY.
50:41 - IN HIS SPEECH TO THE SAME
50:42 - DEGREE. I DON'T THINK YOU GET
50:45 - TO THIS OR THAT CONFLICT
50:47 - PROBLEM HAS TO BE SOMETHING
50:48 - THAT SAYS.
50:53 - THANK FROM A JUDGE SAYS.
50:57 - THEIRS A LACK OF CASES ACTUALLY
50:59 - GET INTO THAT DISTINCTION.
51:01 - WHAT IS THE
51:02 - MEANING YOUR BEING IN THE SAME
51:04 - CLASS TO THE SAME DEGREE
51:05 - AFFECTED BY THE ACTION FIRST
51:07 - YEAR VERY FEW CASES THAT I
51:08 - FOUND THE DEAL WITH THAT AT
51:10 - LEAST IN PENNSYLVANIA.
51:14 - JUST AS MONDAY.
51:19 - I HAVE NO QUESTIONS. YES IS
51:22 - THERE.
51:23 - LET ME TAKE YOU BACK TO THE
51:25 - FIRST ARGUMENT THAT YOU MADE
51:27 - AT LIFE. AND YOU YOU LOOK AT
51:30 - 11, I WAS 7.13 IN IT YOU
51:32 - POINTED OUT THE LANGUAGE PUBLIC
51:34 - EMPLOYEES AND FINANCIAL GAIN.
51:37 - >>BUT YOU DIDN'T GO FURTHER IT
51:38 - SAYS IN VIOLATION OF THIS
51:40 - CHAPTER.
51:41 - CHAPTER 11 AND THAT INCLUDES A
51:44 - 11 O 3 WHICH SAYS
51:47 - AND THAT IT'S
51:49 - VIOLATION OF THE ETHICS AT TO
51:51 - ENGAGE IN A CONFLICT OF
51:52 - INTEREST AND THEN 11 '02 THAT
51:54 - DEFINES CONFLICT OF INTEREST IN
51:56 - SAYS TO PROVIDE PRIVATE PQ
52:00 - NEARY GAME GO HAMMER OF YOUR
52:02 - IMMEDIATE FAMILY. SO
52:04 - I'M A LITTLE LOST UNDERSTAND
52:06 - THAT THAT THAT ANALYSIS
52:08 - REQUIRES A COUPLE
52:09 - STEPS BUT WE'RE CAPED WILL TAKE
52:12 - A COUPLE STEPS. WHY WHY DOESN'T
52:14 - THAT INDICATE THAT AID YOUR
52:16 - CLIENT
52:17 - VIOLATED CHAPTER BY ENGAGING IN
52:20 - A CONFLICT OF INTEREST ALLOWING
52:22 - PRIVATE REGAINED HIS SON.
52:26 - >>AND MISTER PRESIDENT IS
52:27 - ESSENTIALLY THE POSITION TAKEN
52:28 - BY THE COMMISSION ITSELF
52:29 - OF COURSE BUT THE FACT OF THE
52:31 - MATTER IS UNDER THE RESTITUTION
52:35 - 107 13. YOU HAVE TO BOTH BY LEE
52:37 - THE ACT ITSELF.
52:39 - AND YOU HEARD BEFORE WITH THE
52:40 - CLASSIFICATION OF BEING A
52:41 - PUBLIC OFFICIAL
52:41 - PUBLIC EMPLOYEE WHO HAS
52:43 - ATTAINED FINANCIAL YOU IRISH
52:45 - LIBYA. YES,
52:48 - I AM.
52:49 - >>LET ME INTERRUPT I UNDERSTAND
52:50 - THAT NO I THINK YOU WOULD BE
52:52 - CORRECT. YOU MAY BE CORRECT
52:55 - THAT WOULD BE YOU'D BE CORRECT.
52:56 - BUT FOR THE FACT THAT IT SEEMS
52:58 - AS IF THIS ACT.
53:00 - REDEFINES OR OR OR CLARIFIES IS
53:03 - JUST AS MIKE
53:04 - SAID YOU I CASUALLY AMBIGUOUS
53:06 - BY SAYING IF THERE'S A
53:07 - FINANCIAL GAIN TO YOUR SON
53:09 - THAT IS A FINANCIAL GAIN TO YOU
53:11 - AND I AGREE THE LEGISLATIVE
53:12 - CONSTRUCTIONS SUCH NATIONAL I'M
53:14 - TRYING
53:14 - TO EXPLORE. 11 '02 MORE THAN
53:17 - 11 '07. 7 IS THE ACTUAL
53:20 - LANGUAGE OF SENSE FOR THE
53:21 - RESTITUTION POWER. THERE'S NO
53:24 - ADDITIONAL WORDS OR LANGUAGE IN
53:25 - THAT HAS TO BE CONSIDERED THE
53:26 - RESULT OF. PROBABLY
53:29 - LEGISLATIVE COMPROMISES
53:30 - CERTAINLY DISCUSSION WHEN THEY
53:32 - SETTLE ON WORDS AND WHERE A
53:33 - PUBLIC OFFICIAL REPUBLICAN PLOY
53:35 - EAT.
53:35 - >>AS A TEEN A
53:36 - FINANCIAL GAIN. THE ONLY TIME
53:39 - THAT THEY'RE ALLOWING
53:40 - INSTITUTION OF THE ORDER
53:41 - NOTHING ELSE THAT THANK YOU
53:43 - COUNCIL, THANK YOU CHIEF.
53:45 - >>THANK YOU I THANK YOU MISTER
53:46 - AGO IF YOU HAD THE
53:49 - FREE FROM AMR TO PASS SHE MAY
53:52 - SHUN WILL A TURN TO THE UP
53:55 - EARLY.
53:57 - >>I BELIEVE THE COURT ACTUALLY
53:58 - UNDERSTANDS THE ARGUMENT SIMPLY
54:00 - THE QUESTIONS IDENTIFY THE
54:01 - AREAS I THINK
54:03 - THEY'RE FULLY. FLESHED OUT IN
54:06 - BE WILLING TO SMEAR IT ON YOUR
54:07 - COMMUNITIES.
54:11 - >>AND MR. RANKING MURDER.
54:14 - >>WHEN YOU JUST DON'T THINK THE
54:16 - CHIEF JUSTICE. THE NAME PLEASE
54:17 - THE COURT.
54:18 - MINE IS JUST TRYING TO MURDER
54:19 - AND AN ASSISTANT COUNSEL FOR
54:20 - THE INVESTIGATIVE DIVISION, THE
54:22 - PENNSYLVANIA STATE ETHICS
54:23 - COMMISSION.
54:24 - THE RESTITUTION ORDERED IN THIS
54:25 - CASE PROPER BECAUSE SECTION 11
54:27 - IN 7.13 IS NOT AMBIGUOUS
54:30 - THE PALATE TAINT A FINANCIAL
54:32 - BENEFIT PERSON IN VIOLATION OF
54:34 - THE ETHICS ACT. AND JUST AS
54:36 - BEAR HAD BEEN NOW ON THE HEAD.
54:37 - WHEN HE SAID THAT THE B
54:40 - IMPORTANT LANGUAGE OF THIS
54:41 - SECTION OF THE LAW
54:43 - IS THAT ANY ORDER RESULTING
54:45 - FROM A FIGHT AND HAD A PUBLIC
54:46 - OFFICIAL REPUBLICAN COOLLY HAS
54:48 - A KEEN TO FINANCIAL GAIN IN
54:50 - VIOLATION OF THIS CHAPTER MAY
54:52 - REQUIRE RESTITUTION.
54:54 - THE COMMISSION HAS BEEN HOLDING
54:56 - THIS WAY SINCE RESTITUTION WAS
54:57 - ALLOWABLE BY THE COURTS.
55:00 - AFTER ONE OF THE AMENDMENTS TO
55:01 - THE ETHICS.
55:02 - AND THERE IS A DOCTRINE OF
55:03 - AGENCY DEFERENCE THAT I THINK
55:05 - SHOULD BE APPLIED TO THIS CASE.
55:07 - JUST LIKE IN THE REBEL VERSUS
55:08 - SEC DECISION THAT THIS COURSE
55:10 - HANDLE. OVER A DECADE AGO IN
55:12 - THAT CASE THE COURT. I DID
55:15 - DETERMINE WHAT I'M BUSINESS NET
55:17 - UNDER
55:17 - THE EFFORTS. WHETHER PROFITS
55:20 - FOR PROFIT BUSINESSES OR
55:21 - NONPROFIT BUSINESSES. COULD BE
55:23 - INCLUDED IN THE DEFINITION OF
55:25 - BUSINESS AND THE COURT. THIS
55:27 - COURT WENT INTO A AND THE
55:30 - NATIONAL SAYS AND FOUND
55:32 - THAT NONPROFIT BUSINESSES ARE
55:34 - ALSO INCLUDED IN THAT
55:35 - DEFINITION. WE USE THE DOCTRINE
55:37 - OF THE AGENCY THAT RUNS.
55:39 - WE ALL SEASON STATUTORY
55:40 - CONSTRUCTION. AND I THINK THE
55:43 - SAME THING CAN BE CAN BE USED
55:45 - HERE.
55:47 - THE COURT LOOKED AT THE
55:48 - POSSIBLE CONSEQUENCES IN BE.
55:52 - AND HAS BEEN.
55:54 - >>WHAT WAS TO BE WHAT WAS GOING
55:56 - TO HAPPEN IF THEY RULE BIT
55:57 - NONPROFITS WERE NOT PART OF
55:59 - A BUSINESS AND SO IN THIS CASE
56:03 - IF YOU RULE THAT OUT A PUBLIC
56:04 - OFFICIAL CAN FUNNEL MONEY
56:06 - WHETHER IT'S LIKE IN THIS CASE
56:07 - THROUGH EMPLOYMENT.
56:08 - ONE OTHER CASES LIKE GIVING
56:09 - GRANTS TO THEIR BUSINESSES.
56:12 - YOU'RE OPENING THE FLOODGATES
56:13 - FOR MILLIONS OF DOLLARS TO BE
56:15 - ABLE TO GO TO PUBLIC OFFICIALS
56:17 - I FAMILY MEMBERS WITH NO
56:18 - RECOURSE FOR THEM HAVING TO PAY
56:20 - IT BACK.
56:22 - WHAT THE COURT ALSO DIDN'T RUN
56:23 - DOWN WHAT YOU SHOULD DO IN THIS
56:25 - CASE. IF YOU SHOULD LOOK AT THE
56:26 - PURPOSE OF THE
56:28 - AND THAT IS THAT PUBLIC OFFICE
56:29 - IN PUBLIC EMPLOYMENT IS A
56:30 - PUBLIC TRUST. ANY VIOLATION OF
56:33 - THAT PUBLIC TRUST IS GOING
56:35 - TO DIMINISH THE EFFECTIVENESS
56:37 - OF GOVERNMENT IN THIS COMEDY.
56:39 - AND IF YOU HAVE PUBLIC
56:40 - OFFICIALS WHO ARE ABLE TO
56:42 - GIVE THEIR SONS JOBS IN THE WAY
56:44 - THAT THIS PUBLIC OFFICIAL GAVE
56:45 - HIS SON A JOB.
56:47 - THE SENTENCE
56:48 - UNTRUE TOWNSHIP PAID FLYER
56:49 - COURSE 3 MONTHS BEFORE THE SUN
56:51 - EVEN APPLY FOR JOBS. THE
56:52 - TOWNSHIP. THE SUN FILLED OUT AN
56:54 - APPLICATION AND IT WAS
56:55 - HIS FATHER. ON THE NEWS SIDE
56:57 - 70'S AFTERS APPLICATION 3
56:59 - MONTHS LATER WITHOUT ANY FORMAL
57:02 - RECORDED VOTE BY THE TOWNSHIP.
57:04 - THESE ARE ALL
57:05 - BAD ACTS THE CONSTANT USE OF
57:07 - OFFICES THERE ISN'T ENOUGH IF
57:09 - FINANCIAL GAIN. AND SO LEADING
57:12 - ON TO THE SECOND POINT. HIS SON
57:15 - WAS TREATED DIFFERENT.
57:16 - HIS FATHER CONCOCTED A SCHEME
57:18 - WHERE HE LOBBIED INDIVIDUAL
57:20 - TOWNSHIP SUPERVISORS. AND
57:23 - THE SCHEME HAS LAID OUT BY THE
57:24 - COMMONWEALTH COURT IN THE
57:24 - COMMISSION IN ITS ENTIRETY AND
57:26 - YOU CAN'T FORGET ABOUT THAT AND
57:28 - THIS IS FRANKEN MURDER.
57:32 - >>WE
57:32 - LOVE YOU, I'M PROMOTING BUT
57:34 - WE'RE GOING TO MOVE TO RUSSIAN
57:37 - MINISTER WITH THAT. YES THIS
57:39 - TIME.
57:42 - >>MISTER FRANKEN BURGER.
57:44 - IT'S WHAT WE AGREE THERE WAS A
57:46 - VIOLATION OF THE ETHICS ACT.
57:49 - BUT YOU NOT AGREE RESTITUTION
57:53 - IS IN ORDER ARE THERE OTHER
57:55 - PENALTIES TO MISTER SENATE.
57:58 - >>WHILE THE PENALTIES THAT ARE
57:59 - AVAILABLE UNDER THE ETHICS ACT
58:01 - THAT THE COMMISSION.
58:04 - >>THEY CAN ISSUE A PUBLIC
58:05 - ORDER. WHICH THEY
58:07 - HAD DONE. THEY CAN RE FROM.
58:10 - THE CASE TO
58:11 - FOR BY THE DISTRICT ATTORNEY'S
58:13 - OFFICE OR THE ATTORNEY
58:14 - GENERAL'S OFFICE. BUT THAT'S
58:17 - REALLY IT AND THEN.
58:18 - THE APPELLANT AND HIS SON WOULD
58:20 - GET AWAY WITH MONEY THAT THEY
58:21 - ARE IN THE WEEK.
58:24 - >>YOU USE THE PHRASE.
58:26 - >>FINAL.
58:27 - >>MONEYS TO HIS SON THAT HE
58:30 - USED THIS SCHEME. JUST FUNNEL
58:32 - MONEY THROUGH.
58:34 - >>THERE'S NO EVIDENCE ON THIS
58:35 - RECORD WHAT I HAVE READ THERE
58:38 - WAS ANY FUNNELING HALL. NOT MY
58:41 - PROBLEM WITH RESTITUTION
58:43 - REMEDY.
58:44 - THE SUN IS NOT DONE.
58:47 - THERE'S NO INDICATION THAT HE'S
58:49 - GETTING PAID. NEXT TO HIS
58:51 - FATHER, HIS FATHER GOT SOME
58:53 - FINANCIAL GAINS FROM
58:54 - IT SO I'M HARD PRESSED UNDER
58:57 - THE LANGUAGE OF THE ACT TO SEE
58:59 - WERE ARRESTED TO SHUN AND PCN.
59:02 - THE NEW ACTUALLY THERE'S
59:04 - SOMETHING IN
59:05 - THE RECORD.
59:06 - >>AND WHEN PALIN WAS LOBBYING
59:09 - ONE OF THE
59:09 - OTHER SUPERVISORS. SUITS AND
59:12 - THE HIGHER HIS SON BECAUSE HE
59:13 - KNEW THAT HE COULDN'T VOTE ON A
59:14 - HUGE SCREEN. AND HE SAID THAT
59:17 - HIS SON REALLY NEEDED THE JOB
59:18 - BECAUSE THE SUN WAS GOING
59:19 - THROUGH A TOUGH TIME.
59:21 - >>AND.
59:22 - >>UNFORTUNATELY NOT ALL THE
59:25 - PEOPLE IN PENNSYLVANIA WHO ARE
59:26 - EMPLOYED IN WHO ARE GOING
59:28 - THROUGH TOUGH TIMES.
59:30 - FAMILY MEMBER WHO'S A PUBLIC
59:31 - OFFICIAL. YOU CAN USE THEIR
59:33 - POSITION ILLEGALLY YET BEEN A
59:35 - JOB TO HELP THEM THROUGH THOSE
59:37 - TOUGH TIMES.
59:38 - >>AND I UNDERSTAND THAT SERVE
59:40 - YOUR ARGUMENT
59:41 - GOES TO A VIOLATION OF THE
59:44 - ETHICS ACT, NOT TO THE REMEDY
59:46 - OF PROSTITUTION SETTLE.
59:51 - >>I DISAGREE WITH A AROUND A
59:52 - BIT. IT'S NEW TO THANK YOU.
59:55 - THANK YOU COUNCIL.
59:57 - >>THANK YOU. YES HAS DONE HERE.
59:59 - 300 >>AND NO QUESTIONS KATE
01:00 - 03.130 THANK YOU. THANK YOU JUSTICE
01:00 - 06.470 DARKENING. COUNCIL.
01:00 - 09.670 >>THE CONCERN THAT I HAVE IS
01:00 - 12.800 THESE CALORIE WAS ONE A 126,000
01:00 - 13.760 HOURS OF WHAT MOST.
01:00 - 15.920 >>THAT WAS THE TOTAL AMOUNT THE
01:00 - 18.350 HE RECEIVED AND THAT WAS ABOUT
01:00 - 19.670 87 SCRAPPED.
01:00 - 21.340 >>THE BEST OF THE 3 YEAR
01:00 - 23.080 PERIOD. AND YOU KEEP REFERRING
01:00 - 24.810 TO HIS ILLEGAL RECEIPT HE WAS
01:00 - 26.970 IN FACT. THANKFULLY EMPLOYED
01:00 - 29.150 RECEIVING A CHECK CORRECT.
01:00 - 32.210 AND HE WAS
01:00 - 33.830 RECEIVING SOMEWHERE CHECK SUCH
01:00 - 35.470 AS EVERY OTHER EMPLOYEE, BUT IN
01:00 - 36.950 A DIFFERENT CAPACITY WHO WORKS
01:00 - 37.550 FOR THE COUNTY.
01:00 - 40.200 >>CORRECT IN BUT THE OTHER
01:00 - 41.790 EMPLOYEES WERE NOT HIRED BE A
01:00 - 44.110 USE OF. THE USE OF OFFICE BY
01:00 - 44.610 THEIR FATHER.
01:00 - 48.100 >>NO REALLY YOU'RE ALLEGING A
01:00 - 50.090 FEW DEFENSES NEPOTISM AS
01:00 - 50.780 OPPOSED.
01:00 - 56.340 A CONFLICT ORDERED ARE YOU
01:00 - 57.170 SAYING THEY'RE ONE AND THE
01:00 - 57.520 SAME.
01:00 - 59.870 >>IN THIS INSTANCE, THERE ONE
01:00 - 00.800 IN THE SCENE BUT
01:01 - 03.400 NAPA BUT A CONFLICT OF INTEREST
01:01 - 03.650 ISN'T
01:01 - 05.560 ALWAYS NEPOTISM AND THAT THAT
01:01 - 06.690 ISN'T IT ISN'T ALWAYS A
01:01 - 08.010 CONFLICT OF INTEREST BECAUSE
01:01 - 09.220 THERE ARE WAYS THAT HIS SON
01:01 - 10.340 COULD HAVE BEEN MADE BY THE
01:01 - 11.790 TOWNSHIP THAT WOULD NOT HAVE
01:01 - 13.870 BEEN A PUBLIC INTEREST IF HE
01:01 - 15.750 WOULD HAVE IS THAT THE FATHER
01:01 - 18.080 WOULD HAVE NOT BEEN INVOLVED IN
01:01 - 20.040 LOBBYING THE OTHER SUPERVISORS
01:01 - 21.430 NOT BEEN INVOLVED IN REMOVING
01:01 - 22.830 THE PRISON POLICY.
01:01 - 24.550 IT PROHIBITED THAT THE OTHER
01:01 - 25.970 SUPERVISORS FROM HIRING.
01:01 - 27.810 THOSE ACTIONS ARE WHAT
01:01 - 30.270 CONSTANTLY USES OF OFFICE AT
01:01 - 32.030 THE BEGINNING OF THIS THAT
01:01 - 33.700 DIDN'T MAKE IT ILLEGAL UNDER
01:01 - 34.340 THE APP.
01:01 - 36.180 >>AND THEN WHERE DO YOU FIND
01:01 - 37.990 THE JUSTIFICATION OR ORDERED
01:01 - 40.390 THE BASIS FOR A 30,000 MISTER
01:01 - 42.010 BUSH INTEREST ON 3 YEAR
01:01 - 44.390 AGGREGATE 126.
01:01 - 46.060 >>THANK YOU YOUR
01:01 - 49.550 IN THE ORDER I FIRST OF ALL THE
01:01 - 52.410 STATUTE, 11 OH, 7.13. I'D SAYS
01:01 - 54.820 THAT THE COMMISSION MAY ORDER
01:01 - 56.320 RESTITUTION SO IT IS
01:01 - 58.880 DISCRETIONARY AND UNFORTUNATELY
01:01 - 59.790 IN THEIR ORDER.
01:02 - 01.420 THE COMMISSION DID NOT GO INTO
01:02 - 02.740 DETAIL ABOUT HOW THAT CAME
01:02 - 05.370 ABOUT THAT $30,000 IN YOUR.
01:02 - 08.180 NO ANYTHING THAT I CAN SEATS
01:02 - 10.230 THAT WOULD BE SPECULATION AS I
01:02 - 11.830 WAS THE PROSECUTOR IN THE CASE
01:02 - 13.490 IS NOT THE FACT FINDER AND THE
01:02 - 16.270 COMMISSION. WE'RE NOT GOING TO
01:02 - 17.050 GET SNOW.
01:02 - 18.730 I CANNOT TELL YOU HOW THAT
01:02 - 21.510 $30,000 FIGURE WAS I THE TERM.
01:02 - 26.240 >>I DON'T THINK THE HUMAN
01:02 - 27.870 SPIRIT OVER THE ACTUAL FIGURE
01:02 - 29.780 THOUGH AS IT STARTED THE CASE.
01:02 - 33.880 I KNOW IT'S A FACTOR
01:02 - 35.650 RESTITUTION SOUTH JUSTICE
01:02 - 36.090 WHACKED.
01:02 - 38.520 >>I THANK YOU CHIEF JUSTICE CAN
01:02 - 40.220 YOU HEAR ME COUNCIL. YES,
01:02 - 42.880 YOUR AGENDA. OKAY, BECAUSE MY
01:02 - 44.430 VIDEO IS DOWN FOR A MOMENT ON
01:02 - 46.630 THIS END. COUNCIL YOU.
01:02 - 50.760 HAVE TALKED AT LENGTH ABOUT BAD
01:02 - 53.040 ACTS AND CETERA. BUT THE
01:02 - 55.520 ISSUE HERE ISN'T THE MORAL
01:02 - 56.010 BLAME
01:02 - 58.540 WORTHINESS OF MISTER CEVIK
01:02 - 00.190 SENIORS ACTIONS. THE ISSUE FOR
01:03 - 00.570 US IS
01:03 - 02.880 THE STATUTE WHICH WE HAVE TO
01:03 - 04.310 CONSTRUE RADLEY THAN
01:03 - 05.810 RECONSTRUCT WOULD YOU AGREE.
01:03 - 10.570 IN THAT REGARD.
01:03 - 13.880 WHY IS IT SO ABSURD THAT THE
01:03 - 16.620 GENERAL ASSEMBLY TO CONSIDER
01:03 - 17.860 THAT IT IS POSSIBLE.
01:03 - 19.660 >>THAT IN.
01:03 - 21.570 >>THE DIFFERENT LANGUAGE, THE
01:03 - 23.070 GENERAL ASSEMBLY USED IN
01:03 - 24.110 SECTIONS 11 OH
01:03 - 27.650 2.11 '07. THE GENERAL ASSEMBLY
01:03 - 29.080 MIGHT HAVE CONSIDERED
01:03 - 32.650 5 YEAR PRISON SENTENCE AND OF
01:03 - 36.790 $10,000 I MIGHT BE SUFFICIENT.
01:03 - 41.940 RETURNS OR A V EMPLOYEE.
01:03 - 46.440 AND THAT RESTITUTION.
01:03 - 49.580 REACHING BEYOND
01:03 - 51.610 TO LOVE FAMILY MEMBERS WOULD
01:03 - 53.180 NOT BE NECESSARY THAT.
01:03 - 56.100 >>I THINK THAT THEY COULD HAVE
01:03 - 57.210 EASILY LEFT OUT
01:03 - 59.670 THE LANGUAGE IN SECTION, 11 OR
01:04 - 02.200 7.13, SAVING IN VIOLATION OF
01:04 - 04.180 THIS CHAPTER. IF THAT LANGUAGE
01:04 - 05.410 WASN'T THERE THEN MISTER
01:04 - 07.160 HEALY'S ARGUMENT, I'M NOT SURE
01:04 - 08.680 THE NIGHT THAT I CAN REALLY
01:04 - 10.160 HAVE A COUNTER AND YOU WILL.
01:04 - 11.820 >>WELL FOLLOWING UP ON THAT YOU
01:04 - 13.440 TALK YOU KEEP TALKING ABOUT THE
01:04 - 15.190 IN VIOLATION OF THIS CHAPTER.
01:04 - 18.050 >>IT CAN BE IN VIOLATION OF THE
01:04 - 19.640 COSMOS BUT THERE STILL HAS TO
01:04 - 22.180 BE FINANCIAL. GAME IS THAT
01:04 - 22.600 CORRECT.
01:04 - 26.660 SO YOU CAN YOU HOW CAN YOU GET
01:04 - 27.690 US TO MAKE THE LEAP.
01:04 - 32.920 FINANCIAL GAME 2. CITIBANK THE
01:04 - 33.610 SUN.
01:04 - 37.640 JUMP FROM THAT TO FINANCIAL
01:04 - 38.790 GAIN TO 78.
01:04 - 43.800 I THINK THAT THE ANSWER TO THAT
01:04 - 45.370 IS THE THE USAGE OF THE WORD
01:04 - 46.290 AND THE STATUE WHICH IS THE
01:04 - 47.120 WORD OBTAIN.
01:04 - 49.290 >>IT'S NOT RECEIVE IF THE
01:04 - 51.550 WORKERS RECEIVE THEN.
01:04 - 54.250 THEN YOU AND MISTER HEALY WOULD
01:04 - 55.720 WOULD I THINK BE CORRUPT YOU
01:04 - 56.560 CAN'T MAKE THAT LEAP.
01:04 - 58.640 BUT BECAUSE THE WORDS OF TEEN I
01:04 - 59.800 CAN OBTAIN SOMETHING FOR
01:04 - 01.950 SOMEONE ELSE. EVERY TIME YOU
01:05 - 04.360 ORDER GROUND MY THE DELIVERY
01:05 - 06.810 MAN AND TEENS ME. A MEAL FROM
01:05 - 08.170 WHENEVER RESTAURANT HE GOES TO.
01:05 - 10.610 >>RIGHT AND IN THAT IN THAT
01:05 - 14.340 PRESUMABLY EVIDENCE WOULD HAVE
01:05 - 15.480 BEEN PUT ON
01:05 - 18.760 THAT THE FOOD WENT FROM THE.
01:05 - 21.370 MIDDLE PERSON TO THE END
01:05 - 22.220 CONSUMER RIGHT.
01:05 - 25.350 CORRECT I CAN ALSO KNOW THAT
01:05 - 26.110 YOU DON'T HAVE THAT IN THIS
01:05 - 27.060 RECORD DO YOU DON'T HAVE
01:05 - 29.650 EVIDENCE IN YOUR RECORD HERE OF
01:05 - 31.600 TRANSACTIONS, CONVEYING
01:05 - 33.600 THESE MONIES FROM SIMIC THE
01:05 - 35.140 SUNDA CIVIC THE FATHER DEAL.
01:05 - 37.360 I DO NOT. ALL RIGHT. WELL
01:05 - 38.620 THAT'S A BIG MISSING PIECE
01:05 - 41.230 ISN'T IT. I RESPECTFULLY
01:05 - 43.370 DISAGREE ON A IF I CAN CHANGE
01:05 - 44.920 MY GRUBHUB SCENARIO SECOND.
01:05 - 47.040 >>I CAN ALSO ORDER GRUBHUB AND
01:05 - 48.090 HAVE IT DELIVERED SOMEWHERE
01:05 - 50.280 ELSE. AND THEREFORE THE GRUBHUB
01:05 - 52.930 DELIVERY. HER SON IS OBTAINING
01:05 - 55.000 A SANDWICH OR SOMEONE ELSE.
01:05 - 00.160 >>THANK YOU JUST AS MONDAY.
01:06 - 04.200 I HAVE NO QUESTIONS
01:06 - 06.080 THANK YOU. THANK YOU JUST
01:06 - 08.050 DESPAIR AND THEN WILL CONCLUDE.
01:06 - 13.150 MISTER FRANKEN I'D LIKE TO.
01:06 - 14.540 >>LOOK AT
01:06 - 16.380 SECOND ISSUE.
01:06 - 17.800 >>WHICH IS
01:06 - 23.370 QUESTION OF THE FACT THAT THEY
01:06 - 25.550 THE FATHER REVIEW,
01:06 - 27.970 PAYROLL RECORDS AND IT OF
01:06 - 29.870 COURSE THERE'S THE EXCEPTION
01:06 - 32.070 THERE WHERE THE WOOD WHATEVER
01:06 - 33.370 HIS HEART SUPPORT.
01:06 - 36.580 WHERE YOU'RE JUST PART OF A AT
01:06 - 38.210 OF A BODY. SO
01:06 - 40.290 IF YOU'RE THE CHIEF
01:06 - 41.790 FINANCIAL OFFICER
01:06 - 45.460 OF APPLE. AND IT'S 100,000 OR
01:06 - 47.680 WHATEVER IT IS EMPLOYEES AND
01:06 - 48.560 AND YOU WILL
01:06 - 50.690 CASUALLY THROUGH THE COMPUTER
01:06 - 52.390 PRINT OUT AND SIGN YOUR NAME
01:06 - 55.010 VERIFY THAT YOU SEE IT WITH
01:06 - 56.140 WOULD THERE BE A VIOLATION
01:06 - 56.940 UNDER THAT SECTION.
01:06 - 59.740 >>NO YOUR HONOR BUT THAT IS A
01:06 - 00.830 IT'S ACTUALLY VERY DIFFERENT
01:07 - 02.830 FROM THE SITUATION THAT IS HERE
01:07 - 03.610 BEFORE THE COURT.
01:07 - 04.970 >>ALL RIGHT IN
01:07 - 07.230 2 CRANES CASE. YOU'RE THE
01:07 - 09.390 CONSENT COUNTY CONTROLLER OF
01:07 - 11.510 BERKS COUNTY AND YOUR HUSBAND'S
01:07 - 13.460 THE EMPLOYEE WAS INCORRECTLY
01:07 - 15.420 DECIDED THAT THERE WAS NO
01:07 - 17.770 VIOLATION BECAUSE AGAIN HE'S
01:07 - 19.970 PART OF THEM. SOME PARTS OF THE
01:07 - 23.110 STATUTE. I DISAGREE THAT HE'S
01:07 - 23.740 WHO.
01:07 - 27.340 I JUST CREATED THAT ARE I THINK
01:07 - 28.830 THAT THAT CASE WAS INCORRECTLY
01:07 - 30.710 DECIDED NUMBER ONE. BUT IF IT
01:07 - 33.300 WAS CORRECTLY DECIDED IT IS IT
01:07 - 34.390 REALLY IS STINGING TROUBLE FROM
01:07 - 36.070 THE CASE OF HIM GO AHEAD AND
01:07 - 38.000 DISTINGUISH IT. SHORT SO WHEN
01:07 - 40.050 THE CRANES CASE. HER HUSBAND
01:07 - 42.290 WAS WORKING FOR THAT GOVERNMENT
01:07 - 44.810 ON SUNDAY LONG BEFORE. SHE
01:07 - 46.450 BECAME A PUBLIC OFFICIAL OTHER.
01:07 - 47.950 AND IN THIS CASE.
01:07 - 50.730 THE APPELLANTS WAS A
01:07 - 52.790 PUBLIC OFFICIAL AND USED HIS
01:07 - 54.030 OFFICE TO HIRE A SON IN
01:07 - 55.460 VIOLATION OF THE ETHICS ACT.
01:07 - 57.870 AND THEN TREATED HIS SON
01:07 - 00.740 DIFFERENTLY BECAUSE THE MONEY
01:08 - 01.560 BACK UP A SECOND.
01:08 - 05.600 HE DID NOT DO IN IN SIGN OFF ON
01:08 - 06.610 THE HOURS WORKED BY THESE
01:08 - 09.140 EMPLOYEES, ALTOGETHER YOU KNEW
01:08 - 10.810 EACH EMPLOYEES AND
01:08 - 12.630 SHE INDIVIDUAL. THERE'S THE
01:08 - 13.440 RECORD SAID THAT.
01:08 - 15.690 YES AND THAT THAT THAT IS WHAT
01:08 - 16.860 THE COMMONWEALTH COURT AND THE
01:08 - 17.620 COMMISSION BOTH
01:08 - 19.850 OUT I'VE ALREADY TOLD HIM ABOUT
01:08 - 21.280 THE NIGHT YOU TOLD ME CRANE
01:08 - 23.530 WRONGLY DECIDED YOU THINK RAINS
01:08 - 25.220 AND I BERKS COUNTY HAS A 100
01:08 - 27.160 EMPLOYEES WHICH IS NEXT.
01:08 - 29.340 AND IF THE CONTROLLER.
01:08 - 32.220 HAD WHO EACH RECORD EVENTUALLY
01:08 - 32.800 INSIDE.
01:08 - 35.570 THAT'S A FACT THAT SUSAN FROM
01:08 - 38.470 THE APPLE SCENARIO. YES, OKAY,
01:08 - 40.020 THANK YOU SO MUCH. YEAH ON
01:08 - 40.560 THE AIR.
01:08 - 42.900 >>MOST COUNTS. SO.
01:08 - 50.660 MR. BERNABE EARLIER ALLOWED.
01:08 - 51.790 UNDER.
01:08 - 53.280 PROTOCOL.
01:08 - 55.290 >>MY MOTHER TO INCLUDE A FEW
01:08 - 57.730 MIKE IN HOT MOVIE.
01:08 - 59.310 >>AND HERE NOW JUST TAKE A
01:08 - 59.690 MOMENT.
01:09 - 02.100 THE PURPOSE OF THE ETHICS ACT
01:09 - 03.810 IS TO ENSURE THAT THE MOST
01:09 - 04.990 PUBLIC OFFICIALS OF PUBLIC
01:09 - 06.750 EMPLOYEES ARE NOT USING THEIR
01:09 - 07.940 POSITIONS FOR THE FINANCIAL
01:09 - 08.460 BENEFIT
01:09 - 10.500 OF THEMSELVES. IMMEDIATE FAMILY
01:09 - 12.480 MEMBERS OR BUSINESSES THAT DAY
01:09 - 15.060 SO IF YOU FIND IN FAVOR OF THE
01:09 - 16.680 TOWN THIS IS YOU WILL
01:09 - 18.160 DAMAGE THAT PUBLIC TRUST IN
01:09 - 18.270 THEIR
01:09 - 21.040 PUBLIC OFFICIALS. AND IT'S TIME
01:09 - 22.200 TO SHOW FOR THE CONTINUED
01:09 - 24.170 SUCCESS, I WANT TO ASK YOU TO
01:09 - 25.280 FUND MCCONNELL'S COURT'S
01:09 - 26.340 DECISION THANK YOU.
01:09 - 28.760 >>THANK YOU, THANKS TO A.
01:09 - 31.530 BOTH THE COUNCIL. DREW THE
01:09 - 33.570 ARGUMENT AND THE OTHER.
01:09 - 38.080 WE'RE NOT STARTING AT 11:00AM.
01:09 - 42.570 >>TUNE IN THIS SUNDAY AT
01:09 - 44.860 05:00PM FOR MONEY SMARTS WITH
01:09 - 46.460 MATT. YOU LEARN ABOUT
01:09 - 49.200 INVESTING. I RAISE REDUCING
01:09 - 51.400 TAXES. RETIREMENT INCOME
01:09 - 52.990 PRESERVING YOUR STATE
01:09 - 55.320 AND MORE EVERY EPISODE IS FULL
01:09 - 57.210 OF GOOD SOLID USEFUL
01:09 - 59.530 INFORMATION. SO TUNE IN BEFORE
01:09 - 01.590 DINNER THIS SUNDAY AT 05:00PM
01:10 - 02.450 TO MONEY SMARTS
01:10 - 04.550 WITH MATT. ON THIS CHANNEL, NEW
01:10 - 05.780 YORK PENNSYLVANIA CABLE
01:10 - 06.150 NETWORK.
01:10 - 13.010 >>IT CERTAINLY SEEMED JF VERSUS
01:10 - 13.130 THE
01:10 - 16.080 DEPARTMENT OF SERVICES ARE IAN
01:10 - 18.170 BEHALF AND IS ALREADY WRECKED
01:10 - 20.650 REBECCA MILLER. EARLY ON YOU
01:10 - 22.950 HAVE ONLY IS RISK FOR ELI.
01:10 - 25.820 A GOOD
01:10 - 31.760 >>A CHILD PROTECTIVE
01:10 - 34.470 SERVICES LAW. THE DEPARTMENT OF
01:10 - 36.280 HUMAN SERVICES MAINTAINS ITS
01:10 - 38.880 DISPLAYED DATA BREACH WHICH
01:10 - 41.030 INCLUDES REPORTS. COUNT.
01:10 - 44.030 IN THIS TRACKING SYSTEM
01:10 - 46.320 FOUNDED REPORTS. OUR
01:10 - 47.430 DISTINGUISHED FROM OTHER
01:10 - 49.760 CATEGORIES REPORTS SO SHE HAS
01:10 - 52.370 INDICATED OR ON FOUNDED WORK.
01:10 - 55.770 REPORT IS FOUNDED WHERE
01:10 - 57.910 YOU'RE EITHER WHERE THERE HAS
01:10 - 59.850 BEEN EITHER AS JUDY IT IS
01:10 - 02.720 FOR EDUCATION OR ACCEPTANCE
01:11 - 04.020 INTO AN EXCEL THE
01:11 - 05.760 REHABILITATIVE DISPOSITION
01:11 - 06.410 PROGRAM.
01:11 - 09.180 I NEED YOU TO CATION WILL REACH
01:11 - 11.700 4 SECONDS. IT INVOLVES THE SAME
01:11 - 13.870 FACTS OR CIRCUMSTANCES BLOCK
01:11 - 15.850 THE ALLEGATION. CHILD ABUSE.
01:11 - 18.710 THE REPORT WAS MADE THAT UP
01:11 - 20.200 REALLY COMMITTED OUT OF YOU.
01:11 - 23.080 SHE WAS SUBSEQUENTLY SHOT IN
01:11 - 25.520 GRANTING SUMMARY REHABILITATIVE
01:11 - 26.930 DISPOSITION PURPOSE.
01:11 - 29.520 THE ISSUE PRESENTED.
01:11 - 31.960 CONCERNS WHETHER AFTER LEE WAS
01:11 - 32.710 ENTITLED TO
01:11 - 34.980 A HEARING. YOU DETERMINE YOUR
01:11 - 36.240 FOR ACCEPTANCE INTO THEIR
01:11 - 38.930 PROGRAM SUPPORTED THE LABELING
01:11 - 41.210 OF THE REPORT UNFOUNDED.
01:11 - 45.580 I WOULD I WOULD TO INTRODUCE
01:11 - 48.200 YOURSELF. BEGIN HERE ARE YOU.
01:11 - 51.590 WE SUPPORT.
01:11 - 53.080 >>MY NAME IS REBECCA TAYLOR,
01:11 - 54.260 NOT REPRESENT THE DEPARTMENT OF
01:11 - 56.680 THE CHURCH. AN ADMINISTRATIVE
01:11 - 58.470 HEARING AND NOT FLAT I'M IN
01:11 - 00.060 TOWN. WORK WHEN THE
01:12 - 02.500 RECORDING SOUNDED ON EXCEPT IN
01:12 - 04.560 THE NEXT HOUR A DEGREE OVER IT.
01:12 - 07.030 AND THE PERPETRATOR AND THE
01:12 - 07.510 REASON
01:12 - 10.320 FOR ENTRY. IT'S THE SAME JOSHUA
01:12 - 12.490 CIRCUITS IS THAT MY PURPOSE.
01:12 - 15.000 THIS IS IMPORTANT BUT CLIMBING
01:12 - 16.130 TO THE TOP TICKET SERVICE.
01:12 - 18.280 YEAH, AND THE INTENT OF THE
01:12 - 20.020 LEGISLATURE. IF AMENDMENT OF
01:12 - 20.710 THE DEFINITION.
01:12 - 25.000 CBS ON SUNDAY DEMANDED 2030
01:12 - 27.030 ALLOWS FOR WORK WE FOUND IT,
01:12 - 29.420 IT'S IN 2, 3, AND A
01:12 - 31.040 ARE D AS LONG AS THE FACTS AND
01:12 - 32.560 CIRCUMSTANCES THE UNDERLYING
01:12 - 32.940 IT.
01:12 - 37.160 COMMONWEALTH COURT REVERSED THE
01:12 - 38.180 DECISION OF THE DEPARTMENT'S
01:12 - 39.780 PAIR OF HEARINGS AND APPEALS
01:12 - 41.280 AND REQUIRED A HEARING IN THIS
01:12 - 42.290 CASE BECAUSE THEY WERE NOT
01:12 - 44.960 EDUCATED ACT FOUNDER ERIK D A
01:12 - 46.850 WHICH IS NOT GENERALLY PART OF
01:12 - 49.340 THE ACCELERATED IT PROCESS.
01:12 - 51.820 IN A CANYON COMMONWEALTH OR
01:12 - 53.280 EMPHASIZE HER. THE FIRST
01:12 - 54.870 SENTENCE OF SOME PARAGRAPH ONE
01:12 - 55.920 OF THE DEFINITION OF THAT
01:12 - 57.540 REPORT. THERE'S BEEN A HUGE
01:12 - 00.030 ISSUE EDUCATION. I THINK THAT
01:13 - 01.150 I'LL MAKE A SEPARATE
01:13 - 03.590 REPORT, YOU AND HE SHOULD
01:13 - 04.640 BOUNCE IN FACTUAL
01:13 - 05.360 CIRCUMSTANCES.
01:13 - 08.890 BUT THE AIR AND THE PROVISION
01:13 - 10.700 IS FOUND IN SOME AIRCRAFT TOO,
01:13 - 12.490 AND USUALLY THE CASE IN REQUIRE
01:13 - 14.020 MINUTE PER HOUR AND.
01:13 - 17.490 YEAH AND I INTERVIEWED A
01:13 - 19.170 DEFINITION AND REPORT THE
01:13 - 20.790 LEGISLATURE ESTABLISHED ENTRY
01:13 - 22.630 AND ENERGY SHOULD THE GROUND
01:13 - 25.240 WORK ON A CHOPPY SURE WHY ARE
01:13 - 26.490 DUE TO HEAT IT BACK WHERE
01:13 - 28.290 TRAVEL WORKING IN A
01:13 - 30.200 FAMILY THAT AND THEN THE
01:13 - 32.160 LEGISLATURE INTENDED 2013.
01:13 - 34.570 MUCH LIKE ONE OF THE PURPOSES
01:13 - 37.880 OF AIR D IS TO ALLOW STATION
01:13 - 39.460 BUT ULTIMATELY GET A CLEAN
01:13 - 41.610 SLATE OR WE'RE GOING TO ERR D
01:13 - 42.640 DOES NOT HAVE THE
01:13 - 44.520 PERMANENT AND ONCE THEY ARE DUE
01:13 - 45.400 6 EFFORT TO
01:13 - 49.310 BARNES RICHARD PENSKE REMOVAL
01:13 - 49.920 OF THAT CAR.
01:13 - 53.510 CRIMINAL COURT IN ITS DECISION
01:13 - 55.290 BROWN REACH OF ITS PRIOR
01:13 - 56.850 DECISION. WE'RE DETERMINED THAT
01:13 - 58.260 A PERPETRATOR OF CHILD ABUSE
01:13 - 00.780 WITHIN TITLE TOO MUCH. YOU KNOW
01:14 - 01.700 WE'RE GOING TO TERMINATE THE
01:14 - 03.170 UNDERLYING JUDICIALLY ISSUED.
01:14 - 07.200 WHO CAN BOTH OF THOSE CASES
01:14 - 08.950 WERE DECIDED WE'LL SEE YES OUR
01:14 - 11.510 MANDATE INCLUDE ENTRY AIR.
01:14 - 14.620 AND OUR MATERIAL TO SEE REALLY
01:14 - 15.840 DISTINGUISHABLE FROM THIS.
01:14 - 20.210 >>I
01:14 - 22.150 >>LET ME GIVE
01:14 - 24.830 ME A QUESTIONING BY CALLING ON
01:14 - 27.400 THE JUSTICE DONE HERE. I THINK
01:14 - 27.900 E T.
01:14 - 30.720 >>I'M COUNCIL I THE FACTUAL
01:14 - 32.710 CREDITED IN THIS CASE. I BET
01:14 - 35.550 YOU RELY ON AND THE PARDON ME
01:14 - 37.710 VIA DISSENTING JUDGE IN THE
01:14 - 38.840 COMMONWEALTH COURT
01:14 - 42.930 IS THAT I'D BE APPLE WE HERE AT
01:14 - 44.480 MATT'S YEAH, THE
01:14 - 46.740 THE ACTUAL CIRCUMSTANCES
01:14 - 49.600 SURROUNDING THE ENTRANCE INTO
01:14 - 52.870 THE I R D PROGRAM ARE SAYING AS
01:14 - 54.690 THE FACTUAL CIRCUMSTANCES
01:14 - 56.110 GIVING RISE TO BE
01:14 - 59.050 CHILD ABUSE CHARGE.
01:14 - 02.240 YES, THE THERE WAS NOT THAT
01:15 - 04.000 AGREEMENT AND THEIR WAYS A
01:15 - 08.460 DISPUTE AND TO BE ON SIMILARITY
01:15 - 08.800 OF THIS
01:15 - 11.660 ACTUAL CIRCUMSTANCES. I'M IN
01:15 - 15.330 THAT WHAT IS YOUR VIEW AS TO
01:15 - 17.250 WHETHER OR NOT A HEARING I
01:15 - 18.060 WOULD BE PERMITTED.
01:15 - 19.400 >>IN
01:15 - 22.370 THAT CIRCUMSTANCE. BHA SHOULD
01:15 - 23.990 HAVE HELD A HEARING MORE OVER
01:15 - 26.110 HERE FOR WHAT PURPOSE.
01:15 - 28.900 WHETHER OR NOT THE SOFT
01:15 - 31.600 SURFACE. AND HOW WOULD THEY DO
01:15 - 31.870 THAT.
01:15 - 36.110 >>AND HOW AND HOW WOULD THEY
01:15 - 36.960 ACCOMPLISHED THAT.
01:15 - 39.870 >>THAT'S SOMETHING THAT HAS
01:15 - 41.390 ACTUALLY BEEN DONE GRANT.
01:15 - 43.360 >>ALL RIGHT, LET'S GET RIGHT TO
01:15 - 44.130 YOU OR.
01:15 - 45.260 >>YEARS.
01:15 - 47.460 >>AND WHAT THE ADMINISTRATIVE
01:15 - 51.920 LAW SENSES KENYA'S.
01:15 - 56.410 THE CASE ONE OF THE CASES CITED
01:15 - 57.950 IN THE ECONOMY OR ONE OF THE
01:15 - 59.580 THINGS THAT REALLY WAS A BALL.
01:15 - 00.830 IT'S ACTUALLY GOOD EXAMPLE OF
01:16 - 03.370 THIS. IT'S. IF THE R
01:16 - 05.480 A CASE. AND IN THAT
01:16 - 07.830 CASE. THE CHILD ABUSE REPORT
01:16 - 08.690 RESPONDED BASED ON
01:16 - 11.470 SEXUAL ABUSE. BUT THE HURT AND
01:16 - 13.090 THE CHILD ABUSE OR IN CRIMINAL
01:16 - 14.990 CASE. ULTIMATELY LEAD TO
01:16 - 17.940 YOU CAN'T LOOK AT THOSE 2
01:16 - 20.460 THINGS AND SAY THAT ENDANGERING
01:16 - 22.010 LAW PER CHILD IN A
01:16 - 24.430 CERTAIN WAY AND SO THEREFORE
01:16 - 26.500 THERE IS A HEARING TO SEE IF
01:16 - 28.940 THE U.S. CHARGES AGAINST HIM.
01:16 - 34.000 HERE REASON REQUEST
01:16 - 34.890 A HEARING.
01:16 - 36.130 IT BECAUSE THERE WAS NO
01:16 - 37.150 JUDICIAL DETERMINATION
01:16 - 38.740 CONCERNING SERIOUS INJURY.
01:16 - 40.780 DEFEND THE INNOCENT OF THE
01:16 - 42.480 ALLEGATIONS BUT YOU ENTER ERIC
01:16 - 43.940 E WHICH IS IN
01:16 - 46.570 THE STATUE. ISSUE
01:16 - 48.140 DURING A HEARING TO EXPLAIN HER
01:16 - 49.130 VERSION OF THE INCIDENT AND
01:16 - 51.110 REASONS FOR THEIR FEET WHICH
01:16 - 53.000 GETS A LITTLE CLOSER, BUT IT'S
01:16 - 55.040 STILL NOT. THE SCENE.
01:16 - 57.520 OK THANK YOU.
01:16 - 59.170 >>THANK YOU WROTE JUSTICE
01:16 - 59.690 TARGET.
01:17 - 03.320 >>WELL COUNSEL PERCENT TO
01:17 - 05.930 6341 AGE 2.
01:17 - 08.440 AN INDIVIDUAL'S ENTITLED TO A
01:17 - 09.420 HEARING FOR AN INDICATOR
01:17 - 11.310 REPORT. THE FACTS OF THIS CASE
01:17 - 14.220 SHOWED THAT THERE WAS 2
01:17 - 15.530 INDICATED REPORTS.
01:17 - 18.730 I WASN'T UNTIL HER ACCEPTANCE
01:17 - 20.210 IN THE DAY OR THE THAT YOUR
01:17 - 23.070 OFFICE AMENDED AND MADE A FOUND
01:17 - 25.210 THAT REPORT. WHY IS SHE NOT
01:17 - 26.370 GUARANTEED A HEARING.
01:17 - 29.950 UNDER THE 90 DAY WINDOW WHEN
01:17 - 31.900 SHE APPLIED WHEN SHE WAS QUOTE
01:17 - 33.480 UNQUOTE INDICATED AS OPPOSED TO
01:17 - 33.920 FOUND.
01:17 - 36.950 >>WHEN THE REPORT
01:17 - 38.980 WAS INDICATED. SHE DIDN'T BACK
01:17 - 41.150 RACINE APPEAL RIGHTS AN APPEAL.
01:17 - 44.500 DECISION BUT BEFORE YOU COULD
01:17 - 46.610 BE HELD THE STATUS WAS HE FOUND
01:17 - 48.280 IT, THEY'RE REALLY INDICATED
01:17 - 51.460 STATUS GOES AWAY. AND THE RIGHT
01:17 - 53.560 TO APPEAL WORDED UNDER AGE 2
01:17 - 54.510 AND OUR.
01:17 - 56.860 >>WHEN YOU SAY IT GOES AWAY IN
01:17 - 58.390 USE DIRECTLY TO THE STATUTE
01:17 - 59.160 THAT SAYS THAT.
01:18 - 04.110 JUST PRACTICE. SO YOU COULD
01:18 - 06.260 AVOID PROVIDING INDICATED
01:18 - 07.740 REPORT THAT'S BEING APPEALED A
01:18 - 08.850 RIGHT TO A FAIR HEARING.
01:18 - 11.840 >>ACTIVISTS BUT IT'S
01:18 - 14.890 NOT TO AVOID THE RIGHT TO A
01:18 - 17.410 FAIR HEARING. IT'S NOT BE
01:18 - 20.670 FOUNDED STATUS. YES BECAUSE
01:18 - 22.790 THERE IS GENERALLY COMMON PLEAS
01:18 - 24.060 COURT THERE IS ANOTHER COURT
01:18 - 24.670 ACTION.
01:18 - 27.080 THAT GENERALLY CALLED A HIGHER
01:18 - 29.180 BURDEN OF PROOF. THERE ARE
01:18 - 31.600 SUBSTANTIAL EVIDENCE WIRED THE
01:18 - 34.220 MONEY IN IT. AND AS I
01:18 - 35.440 MENTIONED OR.
01:18 - 38.680 STATUS BASED ON AIR. HE DOESN'T
01:18 - 39.430 HAVE THE
01:18 - 42.270 PERMANENT BASED ON SECTION 60
01:18 - 45.760 DEGREE ONLY 1, 8, 1, WHEN
01:18 - 49.270 HE SAYS IT FOUND. IF THE
01:18 - 50.340 PERPETRATOR CAN SHOW THE
01:18 - 52.580 DEPARTMENT THAT THE UNDERMINE
01:18 - 55.000 OR ACTION FOUND IN THE CASE AND
01:18 - 57.700 THEN HER SERVE A KID AND ON ITS
01:18 - 00.550 DEBTS. IF YOU'RE. HE WOULD THEN
01:19 - 02.660 BUT BACK INTO THE
01:19 - 04.200 INDICATED THAT AND
01:19 - 07.780 AT ALL. HE WRITES WHAT A MESS.
01:19 - 13.970 >>THANK YOU OR I GUESS IT
01:19 - 14.630 WORKED.
01:19 - 17.100 THANK YOU CHIEF JUSTICE COUNCIL
01:19 - 18.340 WITH RESPECT TO
01:19 - 22.810 63 0, 3, 8, 2,
01:19 - 25.320 QUOTE THE SAME FACTUAL
01:19 - 27.630 CIRCUMSTANCES UNQUOTE. MY
01:19 - 29.500 QUESTION FOR YOU IS.
01:19 - 34.930 HOW ARE WE TO MAKE THE JUMP TO
01:19 - 35.300 LEAVE.
01:19 - 39.250 VERBIAGE IN AC WIRE
01:19 - 41.360 FOR PORT OR A CRIMINAL
01:19 - 42.280 COMPLAINT.
01:19 - 46.450 DETERMINATION OF AS A MATTER OF
01:19 - 47.150 LAW.
01:19 - 49.990 WHAT THE FACTUAL CIRCUMSTANCES
01:19 - 50.270 ARE
01:19 - 52.910 THE SAME. WE CAN'T JUST SORT OF
01:19 - 54.950 ROUGH GUESSTIMATE THAT AND WE
01:19 - 57.030 WOULDN'T THE APPROPRIATE THING
01:19 - 57.760 TO DO.
01:19 - 59.930 FOR YOU TO GET A COURT ORDER
01:19 - 01.310 OVER THE AIR THE HEARING.
01:20 - 04.160 GET SOME SORT OF STIPULATION OR
01:20 - 05.710 AT LEAST SOME VERBIAGE.
01:20 - 08.750 NO RECORD FROM THE A ARE D HERE
01:20 - 11.940 INCIDENTS, SOMEBODY. SOME JUDGE
01:20 - 13.500 JUDY CATER I WOULD
01:20 - 15.470 SAY YEAH THOSE ARE THE SAME
01:20 - 16.750 FACTUAL CIRCUMSTANCES THE
01:20 - 18.880 OTHER OTHERWISE. ARE YOU JUST
01:20 - 20.100 SAW ALWAYS GOING TO BE JUST
01:20 - 22.400 SORT OF SORT OF YEAH THAT'S
01:20 - 23.740 KIND OF SORT OF THE SAME THING
01:20 - 25.400 SO THAT'S THE SAME.
01:20 - 28.750 >>I DON'T THINK I THINK YES.
01:20 - 32.520 THERE IS AN
01:20 - 33.660 ALLEGATION THAT A SEXUAL
01:20 - 36.050 SERVICES. THE QUESTION IS STILL
01:20 - 37.850 ON IT. IN
01:20 - 40.470 THIS CASE. WE ARE LOOKING AT.
01:20 - 41.470 >>THE E.
01:20 - 42.740 >>YOU'RE HEARING THE APPEALS
01:20 - 44.680 ARE ARE MISTER TRUMP, YOU KNOW.
01:20 - 47.800 >>LOOK AT THE ALLEGATIONS IN
01:20 - 49.340 THE CRIMINAL COMPLAINT AND THE
01:20 - 50.700 APP IT PROBABLE CAUSE.
01:20 - 54.070 THOSE MATCHUP WITH
01:20 - 57.350 FACT LISTED IN THE C I 40.
01:20 - 01.250 ALL OF THE AID OF THE INCIDENT
01:21 - 02.090 WHICH ARE
01:21 - 04.770 THE SAME. AND WE DON'T HAVE THE
01:21 - 07.030 PERPETRATOR AND HAS A SAY THAT
01:21 - 08.860 HAS NOT HAPPENED. I GOT IN
01:21 - 10.230 DANGER AND WELFARE OF A CHILD
01:21 - 11.250 CHARGES BUT.
01:21 - 14.510 AND THE CHILD IN A CAR NOT
01:21 - 15.110 BECAUSE
01:21 - 21.120 AND IT'S NOT THE CASE. WE.
01:21 - 21.750 >>THERE
01:21 - 22.540 SHOULD BE.
01:21 - 24.390 >>A HEARING IN FRONT OF THE
01:21 - 25.160 CHECK TO SEE IF
01:21 - 29.170 ARE SAYING AND BY THE SAME AND
01:21 - 30.460 LEAVING THE UNITED WILL.
01:21 - 32.410 YES THAT DAY.
01:21 - 36.120 >>THERE'S ALSO A
01:21 - 38.810 THE STATUTORY DEFINITION OF A
01:21 - 40.080 HERO OR A CHILD.
01:21 - 42.040 ANY TYPE OF CHILD ABUSE AND SEE
01:21 - 43.080 WHAT REALLY WAS.
01:21 - 47.330 >>ARMY JUST VERY BRIEFLY OR IS
01:21 - 49.530 IT YOUR POSITION THEN THE BIRD
01:21 - 53.110 IS ON IS THE BURDEN IS ON THE
01:21 - 54.220 ALLEGED ABUSER
01:21 - 56.440 TO SHOW THAT THE FACTUAL
01:21 - 57.820 CIRCUMSTANCES ARE NOT THE SAME.
01:21 - 01.020 >>ONCE THERE HAVE BEEN THAT
01:22 - 02.940 OTHER COURT DETERMINATION IN
01:22 - 04.640 THIS CASE ENTER INTO ENERGY.
01:22 - 07.150 YES, SOME ARE JUST TOO THE
01:22 - 12.480 ESPECIALLY BECAUSE IT'S THE.
01:22 - 14.650 COUNTY JURY YET FOR THE
01:22 - 16.330 DEPARTMENT AND THAT IN THE
01:22 - 18.370 INITIAL OBVIOUSLY THIS ASIAN.
01:22 - 23.200 WHAT'S IN THE THE SAME.
01:22 - 25.770 WHETHER IT'S AFTER REQUEST
01:22 - 28.120 ARTERY OR AND THIS IS THE BEST
01:22 - 30.270 HERE IN THE INDICATED THAT THE
01:22 - 30.530 KEY.
01:22 - 39.320 >>I HAVE NO QUESTIONS
01:22 - 41.840 THANK YOU. YOU CAN GUESS WHERE.
01:22 - 44.540 >>THERE'S
01:22 - 45.630 LOTS LAW.
01:22 - 48.350 >>THEY SAID THAT RECOGNIZES
01:22 - 50.940 THAT PEOPLE AT AM D J LEVEL.
01:22 - 52.770 >>WE DO NEED TO BEAT THESE
01:22 - 54.450 CHARGES THE MATTER TO YOU THE
01:22 - 56.910 CHANCE TO SNEAK SAID THE SAME
01:22 - 00.400 IS TRUE FOR A R P. YOU MAY WELL
01:23 - 00.950 NOT HAVE
01:23 - 03.360 DONE IT. I'M LIKE A GUILTY PLEA
01:23 - 05.030 CALL WHILE YOU DON'T HAVE
01:23 - 07.440 CONCEDED TO GET INDIA ARE THE
01:23 - 10.120 IT'S A RE CROWD,
01:23 - 12.200 THIS POSITION. PEOPLE ARGUED
01:23 - 13.760 IT'S NO LEGAL SENSE, BUT THAT'S
01:23 - 15.370 NOT HERE BEFORE US TODAY.
01:23 - 18.480 SO IT'S BOTHERSOME TO ME
01:23 - 20.340 IS A CORE AS A MATTER OF
01:23 - 23.210 HOARDING PROCESS THAT BECAUSE
01:23 - 24.300 SOMEBODY WANTS TO
01:23 - 27.800 RD ELIMINATE THE EXPENSE AND
01:23 - 29.590 UNCERTAINTY AND GET BACK ON IN
01:23 - 31.270 THEIR LIFE. HE WANTED HOURS OF
01:23 - 33.300 COMMUNITY SERVICE SENTENCE ON
01:23 - 35.680 THE DAD EQUATES TO THAT THAT
01:23 - 37.920 FORCES THEM TO FORFEIT THE
01:23 - 39.030 RIGHT TO CONTEST.
01:23 - 42.000 THE. FOUNDED CHILD CHILD
01:23 - 43.150 SUPPORT AND
01:23 - 45.250 I APPRECIATE THE LEGISLATURE
01:23 - 46.780 SAID THAT NEXT WE'RE WORKING
01:23 - 48.540 WITH THE LEGISLATURE ALSO SAYS
01:23 - 49.820 PEOPLE POINTED OUT YOU
01:23 - 51.850 ANY ADMINISTRATIVE AGENCY LOT
01:23 - 53.400 OF THE ISSUES THAT INDICATION
01:23 - 54.070 TO GET A HEARING.
01:23 - 56.110 SO ARGUABLY WE HAVE A CAN OF A
01:23 - 57.690 CONFLICT IN STATUTE.
01:23 - 59.780 AND MY QUESTION IS GIVEN THE
01:23 - 01.170 REALITY OF A YORKIE
01:24 - 02.850 AND WE DON'T WANT TO CHILL
01:24 - 04.700 PEOPLE FROM NOT GOING TO BE
01:24 - 05.410 BECAUSE OF THIS.
01:24 - 07.420 WHY DON'T WE FIND IN FAVOR OF
01:24 - 08.910 THE ADMINISTRATIVE AGENCY LINE
01:24 - 09.750 LET YOU GIVE THEM A LITTLE
01:24 - 10.080 HERE.
01:24 - 17.020 >>I THINK IF WE
01:24 - 17.880 LOOK AT.
01:24 - 21.100 >>THE PURPOSE OF A OR B AND THE
01:24 - 26.500 UNDER OR IN THE STATE THERE
01:24 - 28.860 COULD BE SOME BALANCE. THERE
01:24 - 29.730 ARE MUCH LIKE.
01:24 - 36.310 AIR D HAS BEEN FOUND IN A
01:24 - 39.050 CERTAIN RIGHTS TRIALS IN MAY
01:24 - 40.770 THE RIGHT SECTION EACH AN.
01:24 - 42.490 THEY'RE ALSO AT
01:24 - 45.170 LEAST TEMPORARILY WAIVING THEIR
01:24 - 47.560 RIGHTS YEARS.
01:24 - 49.590 THEY ENTER THAT WHATEVER
01:24 - 51.980 STRATEGIC REASON. THEY RECEIVED
01:24 - 53.470 A RECEIPT SANCTIONS FOR
01:24 - 53.890 EVERYBODY.
01:24 - 58.380 LEE BASED ON SUCCESSFUL
01:24 - 59.900 COMPLETION. WHAT.
01:25 - 04.810 WE HAVE.
01:25 - 08.720 MISS NOT BE THAT THE
01:25 - 11.970 AIR D THAT'S LIKE ONE MIGHT YOU
01:25 - 14.880 KNOW. RATHER THAN
01:25 - 19.300 GO THROUGH. THE TIME HAS A
01:25 - 20.630 SPECIAL REASON THAT MINOR
01:25 - 23.150 MINOR. CRIMINAL CHARGES.
01:25 - 26.950 THEY WERE SEEING. I THINK EARLY
01:25 - 28.660 PERIOD OF TIME. IN THIS CASE
01:25 - 30.500 AND REPORT AND ONCE THEY
01:25 - 31.600 SUCCESSFULLY COMPLETED
01:25 - 34.540 THEIR D. IT CANNOT SHOW THAT SO
01:25 - 35.630 COMPLETION THE EXPANSION
01:25 - 39.420 OF RECORD. MOVES THE SOUNDS
01:25 - 41.780 THAT INDICATE AND
01:25 - 44.760 THAT ARMY. BOTH THE STATUTORY
01:25 - 46.310 BORROWING LIMIT WOULD BE LET IN
01:25 - 47.760 THERE IS A WARM FRONT OF THE
01:25 - 50.880 YEAR AND TO BE ABLE TO HEAR.
01:25 - 52.700 BURTON WOULD BE OUR COUNTY OR
01:25 - 55.940 DEPARTMENT SHOW THAT YOU IT.
01:25 - 59.430 LET ME JUST LOVE FOLLOW IS THE
01:25 - 00.380 REMOVAL.
01:26 - 02.900 >>OF THE FOUNDED REPORT UPON
01:26 - 05.450 SUCCESSFUL COMPLETION OF A R D
01:26 - 06.530 MINISTER ARIEL
01:26 - 08.680 AS A DEPARTMENT OF ANY CHOICE
01:26 - 09.450 BUT TO REMOVE IT.
01:26 - 12.780 >>I THINK BASED ON THE LANGUAGE
01:26 - 14.470 OF 6.41 SEE
01:26 - 17.150 0.1. THEY DON'T HAVE MANY
01:26 - 17.590 OPTIONS
01:26 - 19.970 NOT RETURN. SO THAT SECTION
01:26 - 21.130 SAYS THAT THEY FOUND IN THE
01:26 - 21.690 REPORT.
01:26 - 25.430 IF YOU CAN JUST THE UNDERLYING
01:26 - 27.430 COURT NOMINATION. IT CAN
01:26 - 28.920 IN THIS CASE IT WOULD BE AN
01:26 - 29.900 ENERGY WOULD BE FUN.
01:26 - 33.220 RECORD. IT CAN SHOW WAS OVER.
01:26 - 35.100 I DON'T SEE ANY ROOM FOR THE
01:26 - 37.210 DEPARTMENT TO THE TEAM FOUND
01:26 - 38.880 STATUS BECAUSE THAT UNDERLIES.
01:26 - 42.850 THANK YOU CHIEF, THANK YOU.
01:26 - 44.890 >>THANK YOU ARE JUST GONE.
01:26 - 47.430 THANK YOU CHIEF.
01:26 - 51.100 >>AND IT SEEMS TO IN YOUR
01:26 - 54.020 PARTICULAR CASE IS WORSE
01:26 - 55.890 SPIRIT. EAST ON.
01:26 - 59.740 IN PART. THE FACTS THAT TO
01:26 - 01.870 THEM. INDIVIDUAL
01:27 - 03.680 MOTHER HERE ACTUALLY
01:27 - 06.330 MID PRIOR TO WORK.
01:27 - 10.980 ENERGY SAVINGS. SHE'S USED THE
01:27 - 13.770 ACT FACTS THAT IN FRIES
01:27 - 15.850 TO YOUR FOUNDER OR IN
01:27 - 18.040 OTHER WORDS. SHE WOULDN'T STOP
01:27 - 19.780 ALLEGED TO HAVE LEFT HER
01:27 - 23.660 2.15 YEAR-OLD TEAM ON AMY'S
01:27 - 26.200 THEIR FRIENDS. ALL NIGHT.
01:27 - 27.600 WELL SHE WENT TO
01:27 - 31.360 A R AND THAT WAS THE BASIS FOR
01:27 - 34.350 CHART FROM THE CHARGES AND
01:27 - 36.130 THE ULTIMATE.
01:27 - 38.650 RT AND THAT'S ALSO
01:27 - 42.220 EXACTLY PRECISELY. THE BASES UP
01:27 - 44.120 OR WHAT YOUR DEPARTMENT DID IT.
01:27 - 47.260 SO IT SEEMS TO ME MILLER CASE
01:27 - 47.750 ARE.
01:27 - 50.860 PARTICULARLY
01:27 - 54.610 HOWEVER MY CONCERN AND OUR
01:27 - 57.210 CONCERN IS ALWAYS YOU WRITE
01:27 - 00.350 THESE CASES OR THE ENTIRE ON
01:28 - 00.870 WELL.
01:28 - 03.830 AND I'M JUST NOT SURE ECHOING
01:28 - 06.100 THE CONCERNS EXPRESSED BY SOME
01:28 - 07.870 OF MY COLLEAGUES, I'M JUST
01:28 - 09.550 NOT SURE THAT
01:28 - 12.580 THAT ANSWER LIES WHEN THE FACTS
01:28 - 15.270 ARE NOT SO NEATLY LINED UP SAY
01:28 - 17.350 YOU'RE HERE. I WONDER IF YOU
01:28 - 17.920 COMMENT.
01:28 - 21.890 >>I THINK IN CASES WHERE FACTS
01:28 - 23.310 ARE SO BEING THE GROUND UP AND
01:28 - 24.520 I HEARD ENOUGH.
01:28 - 28.960 AND THERE IS AN OPPORTUNITY IN
01:28 - 31.580 FRONT OF ME. MICHIGAN TRYING TO
01:28 - 34.220 YOU KNOW. AND HAVE.
01:28 - 36.550 >>THE COUNTY AND THE
01:28 - 38.140 PERPETRATOR EITHER SHOW THE
01:28 - 40.430 FACTS ARE THE FACTS ARE THE
01:28 - 41.710 DIFFERENCE IN THIS CASE IS THAT
01:28 - 43.460 KARMA OR OR IT'S HER
01:28 - 46.380 FIERY EDUCATION OF THE ACT.
01:28 - 48.580 AND THEN IT JUST TO THE
01:28 - 50.990 HARRISON BETWEEN THE CROWN
01:28 - 52.660 COURT THAT IN FACT IT WAS
01:28 - 54.190 OPERATING UNDER AND CHURCHES
01:28 - 56.400 AND THE TOP CANDIDATES. ARE THE
01:28 - 56.810 SECRET.
01:29 - 06.000 >>AND SEE WHERE THE AIR TO MARK
01:29 - 06.830 SO FAST.
01:29 - 09.370 YOU KNOW WE'RE TO ASSUME NATION
01:29 - 10.280 I APPRECIATED.
01:29 - 13.300 >>VERY RELIGIOUS IN HERE.
01:29 - 17.450 THE LEGISLATURE INCLUDED AIR D.
01:29 - 19.390 IN THE DEFINITION OF
01:29 - 21.080 FOUNDER COURT. IF YOU LOOK AT
01:29 - 22.450 THE CHANGING THE DEFINITION OF
01:29 - 24.250 20 FOR THE FIRST WEEK OR IN
01:29 - 27.020 EXPANDED IT RE MI AND HE'S VERY
01:29 - 30.200 PACIFIC INTENTIONAL LANGUAGE IN
01:29 - 30.610 EACH OF
01:29 - 32.730 THE ORDER. THE ACTIONS AND FOR
01:29 - 34.730 REASONS YOU CAN'T ASK FOR
01:29 - 36.730 THE NATURE OF THE INTERVIEW
01:29 - 38.400 ITSELF DOES NOT LEND ITSELF TO
01:29 - 40.320 GET IT BACK THAT IF YOU LOOK AT
01:29 - 40.800 THE CRIMINAL
01:29 - 42.850 PROCEDURE CODE YOU'LL SEE THAT
01:29 - 45.160 CRIMINAL PROCEDURE WIRES.
01:29 - 48.300 YOU KNOW OFF THE RECORD
01:29 - 49.700 TO DISCUSS THE BACK WHERE THE
01:29 - 51.680 JUDGE AGREES ENTRY INTO ERIC E.
01:29 - 54.410 THEREFORE A REQUIRED YOU CAN
01:29 - 57.260 ACT REGION AND A REPORT AGAINST
01:29 - 58.590 THE LEGISLATIVE INTENT IN MY
01:29 - 59.070 MIND.
01:30 - 08.500 >>CHRIS LYON ON BEHALF OF THE
01:30 - 09.200 TELLY.
01:30 - 11.220 >>I MEAN SHE'S
01:30 - 14.650 JUST IN RESPONSE TO A JUST
01:30 - 17.690 CAUSE IN
01:30 - 19.100 THE FACTS. I DID
01:30 - 20.670 THIS A PURELY HYPOTHETICAL I
01:30 - 21.790 KNEW I WOULD SAY THE FACTS
01:30 - 22.650 DON'T DON'T.
01:30 - 26.580 >>DON'T LINE UP HERE MOM DIDN'T
01:30 - 27.260 ADMIT ANY.
01:30 - 29.240 I MEAN THAT'S THE WHOLE PROBLEM
01:30 - 31.200 IS THAT IS JUST THE CLAIM SAYS
01:30 - 33.090 THERE'S JUST A CLAIM IN REPORT.
01:30 - 33.920 >>THAT.
01:30 - 35.890 >>TURNED INTO A FOUNDED REPORT
01:30 - 37.610 LATER ON THAT MOMMY, THESE
01:30 - 39.870 MISSIONS BUT. WE DON'T
01:30 - 41.310 KNOW THAT THAT'S NOT PART OF
01:30 - 42.610 THE RECORD OF THIS CASE RIGHT
01:30 - 43.840 NOW AND CERTAINLY DIDN'T COME
01:30 - 45.410 UP IN A ARE D C WHICH
01:30 - 48.070 IS A WHICH ISN'T ON BY BY RULE
01:30 - 49.950 PROCEDURES IN ON RECORD SHEET.
01:30 - 53.680 SO I JUST WOULD SAY JUST IN
01:30 - 55.640 GENERAL JUST GENERALLY SPEAKING
01:30 - 57.620 IF THERE'S ANY AMBIGUITY IN THE
01:30 - 59.230 STATUTES AND HOW THE HOW THEY
01:30 - 00.990 ARE INTERPRETED IT SHOULD WAY
01:31 - 04.930 IN FAVOR OF PELLEY BECAUSE.
01:31 - 06.600 >>THERE'S
01:31 - 07.930 A LOT AT STAKE HERE FOR PEOPLE
01:31 - 08.990 IN A ALREADY OR BE SOMETHING
01:31 - 10.340 THAT'S EQUALLY AVAILABLE TO
01:31 - 11.610 BOTH INNOCENT AND
01:31 - 13.510 GILLEY DEFENDANTS AND YOU'RE
01:31 - 14.320 GOING TO GET VERY VERY
01:31 - 16.280 DIFFICULT FOR
01:31 - 18.270 INNOCENT PEOPLE TO AVAIL
01:31 - 19.520 THEMSELVES OF THE BENEFITS OF
01:31 - 19.800 THE
01:31 - 21.780 ENERGY PROGRAM WHEN THEIR NAME
01:31 - 22.840 IS GOING TO BE ON THIS
01:31 - 24.410 REGISTRY, WHICH BASICALLY
01:31 - 25.670 MARCHING WITH A SCARLET LETTER
01:31 - 26.390 ON SHIPS.
01:31 - 30.440 THAT WOULD BE MY
01:31 - 31.890 MY MY ARGUMENT IS A MATTER OF
01:31 - 32.480 POLICY.
01:31 - 35.050 >>THANK YOU I GUESS IS DONE
01:31 - 35.430 HERE.
01:31 - 39.030 >>I CAN SO YOU HEARD ME GOING
01:31 - 40.370 BACK TO THE QUESTION THAT JUST
01:31 - 40.610 THIS
01:31 - 43.870 YEAR EARLIER WHICH IS I THINK
01:31 - 44.600 YOU RE
01:31 - 47.300 STARTED KID THAT AFTER
01:31 - 50.100 THE I R D PROGRAM TIME FRAME
01:31 - 52.830 HAS EXPIRED THAT THE FOUNDING
01:31 - 54.430 REPORT INDICATION WILL BE
01:31 - 54.870 REMOVED.
01:31 - 58.610 AS I UNDERSTAND THE STATUTE
01:31 - 59.490 THAT YOU'RE OPPOSING
01:31 - 02.530 COUNCIL REFERENCE. I THESE DOWN
01:32 - 05.420 THE REPORT I WILL BE REMOVED OR
01:32 - 07.890 ERADICATED I GUESS THE
01:32 - 11.350 DISPOSITION IS VACATING IS I
01:32 - 12.700 BELIEVE THE LANGUAGE OF THE
01:32 - 13.390 STATUTE.
01:32 - 14.570 >>ON.
01:32 - 16.660 >>WHICH IS DIFFERENT THAN ANY
01:32 - 17.590 EXPUNGEMENT
01:32 - 21.580 AND SO MY QUESTION TO YOU IS I
01:32 - 22.930 DO YOU SEE IT AS
01:32 - 25.750 A CERTAINTY. I THEN AT THE END
01:32 - 27.680 OF THE YORKIE HERE IS THAT
01:32 - 30.180 THERE WILL BE A REVOCATION ARE
01:32 - 31.980 FOUND IN COURT INDICATION.
01:32 - 34.480 WELL, I MEAN THE WORD OUT
01:32 - 36.310 IT WORKED. THEY ATE IT IS
01:32 - 36.860 TROUBLING.
01:32 - 38.700 VERY DIFFICULT
01:32 - 41.200 8 REQUIRES A COURT ORDER DOES
01:32 - 43.620 IT NOT RIGHT AND THAT TO ME
01:32 - 45.570 HERE JUST READING AND I ADMIT
01:32 - 46.980 THAT I DID RESEARCH THAT
01:32 - 48.410 TEACHER ISSUES LIKE THIS.
01:32 - 49.900 JULIE SEEKING TO TRY TO GET AN
01:32 - 52.720 EVIDENTIARY HEARING. BUT.
01:32 - 56.000 LET ME JUST LOGICALLY IT
01:32 - 57.530 DOESN'T MATCH UP THAT I DON'T
01:32 - 58.560 THINK THAT I DON'T THINK IT'S
01:32 - 00.350 ARE YOU GOING TO GET THIS FROM
01:33 - 00.720 YOU.
01:33 - 07.440 YOU DOCUMENTS SHOWING THAT THE
01:33 - 09.600 RESPONSE. OK THANK YOU.
01:33 - 12.520 >>THANK YOU JUSTICE AND R D.
01:33 - 16.400 >>MY SUMMERS OR SIMILAR DID.
01:33 - 18.680 >>JUSTICE TANI USE BEACH.
01:33 - 20.850 POSITION OR THE
01:33 - 23.150 IN FOUNDED REPORT YOU NEED TO
01:33 - 26.640 BE VACATED OR CURSED BY HARD HE
01:33 - 28.500 IS EXPUNGED
01:33 - 31.490 SO THE QUESTION I HAVE IS BE
01:33 - 33.240 DISTINGUISHED BACK PARTICULAR
01:33 - 33.570 TERM
01:33 - 35.980 OF ART AS PART OWING WITHIN
01:33 - 38.650 THIS SUCH BAD AN A OR B
01:33 - 41.400 RESTFUL COMPLETION CAN STILL BE
01:33 - 43.740 CHALLENGED. AND THE REPORT
01:33 - 46.350 REMAIN. KEEP READING
01:33 - 48.390 THE BASED READING THE STATUTE.
01:33 - 51.220 AS YOU EXPLAIN THE RICH THAT'S
01:33 - 51.900 MY CONCERN.
01:33 - 55.750 >>YES, TONIGHT
01:33 - 57.840 NOT DIRECTLY I'M JUST BY
01:33 - 59.080 POINTING OUT THAT THERE'S STILL
01:33 - 01.140 A LOT. A LOT OF STATE FOR THE
01:34 - 02.830 LET ME GET BECAUSE THEY MAY BE
01:34 - 04.920 THEY MAY BE ON PROBATION DOING
01:34 - 06.860 PRAYER BEFORE A LONG TIME.
01:34 - 08.810 >>AND MAY BE SUFFERING. I THINK
01:34 - 10.720 WHEN SAYS OF THAT BEING ON
01:34 - 11.570 THE REGISTRY.
01:34 - 14.320 AGAIN WHEN I THINK WE THEY MAY
01:34 - 16.060 HAVE BEEN COMPLETELY INNOCENT
01:34 - 18.020 OF WHATEVER CLAIMS CAME DOWN, I
01:34 - 18.560 SO.
01:34 - 20.710 I STILL FEEL THERE'S ENOUGH
01:34 - 22.250 THERE TO WARRANT A LITTLE
01:34 - 23.860 HEARING ON THIS MATTER GIVE
01:34 - 25.250 SOMEBODY A CHANCE TO BE HEARD
01:34 - 27.290 ON ON THE REASONS THEY ENTERED
01:34 - 28.360 INTO THE PROGRAM.
01:34 - 32.600 HOW WOULD YOU HOW DO YOU.
01:34 - 36.550 >>HOW DO YOU FOLLOW THAT LOGIC
01:34 - 37.740 WITH THE PLAIN READING OF THE
01:34 - 39.890 STATUTE THEN A ARE D IT WAS
01:34 - 41.330 FOUND THAT REPORT DOWN THE
01:34 - 43.070 REPORT EQUALS NO HERE.
01:34 - 46.920 >>I HATE TO
01:34 - 48.340 SAY I WOULD DISAGREE WITH YOU I
01:34 - 49.600 DON'T THINK IT'S AS EQUALS
01:34 - 51.090 FOUNDED REPORT, I THINK THERE'S
01:34 - 52.560 ENOUGH. I MEAN IT
01:34 - 53.900 I'M NOT GOING TO PULL THE
01:34 - 55.100 LANGUAGE THAT WE HAVE IT ALL IN
01:34 - 57.380 FRONT OF US HERE UP. I.
01:35 - 03.380 THE THERE'S A THERE'S NO
01:35 - 04.870 THERE'S NO THERE ARE NO FACTS
01:35 - 06.490 AIR DOWN THE AIR DE BRUYNE WAS
01:35 - 08.680 ONLY INTO SECRET. I LOOK FOR
01:35 - 11.020 SO THERE'S NOTHING THAT'S BEING
01:35 - 12.570 AIRED OUT THERE WE WERE PUTTING
01:35 - 14.090 SOMEBODY ON THIS REGISTRY.
01:35 - 16.930 >>WELL FAIR ENOUGH, BUT
01:35 - 17.950 THAT WOULD HAVE BEEN A
01:35 - 19.360 CHALLENGE TO THE STATUTE FOR
01:35 - 21.480 WHICH YOU DID NOT MAKE. OKAY
01:35 - 22.460 OKAY.
01:35 - 25.400 >>I STILL THINK THAT THERE'S
01:35 - 26.870 BEEN NO AIRING OUT YOUR BEAT
01:35 - 28.170 THE REASONS OF GOING INTO THE
01:35 - 30.350 PROGRAM YOU HAVE SOME LANGUAGE
01:35 - 31.880 WORK WITH AIR TO THE EXTENT
01:35 - 32.540 THAT THERE'S ANY
01:35 - 34.590 AND THE UN HE AND WHAT IS THE
01:35 - 35.960 COURT TO FALL AGAIN.
01:35 - 37.500 IF THERE'S AN AMBIGUITY THE
01:35 - 38.680 COURT HAS TO DECIDE WHAT HE
01:35 - 40.090 SAID TO ME.
01:35 - 40.750 >>AND I.
01:35 - 43.390 >>I'M UTTERLY IN FULL RAISING A
01:35 - 44.940 POLICY WOULD HERE ORAL
01:35 - 46.630 ARGUMENT THAT EACH SHOULD
01:35 - 48.000 CONSIDER DWAYNE FAVORITE
01:35 - 49.270 ITALIAN WHAT'S AT STAKE.
01:35 - 51.030 THE 4 COUNTIES AND IN LIFE
01:35 - 52.660 CIRCUMSTANCES. THANK YOU.
01:35 - 55.240 >>THANK YOU. MY MAIN JUSTICE
01:35 - 58.160 WORK. YOU JUST THIS MORNING
01:35 - 00.660 COUNCIL WITH RESPECT TO
01:36 - 03.570 LANGUAGE IN SECTION NOW
01:36 - 06.100 SUBSECTION 8, 2 REGARDING SAME
01:36 - 09.150 FACTUAL CIRCUMSTANCES. WHAT IN
01:36 - 10.090 OUR VIEW.
01:36 - 14.390 IS THE MINIMUM LEVEL A PROCESS.
01:36 - 16.230 THAT MUST
01:36 - 18.150 BE AFFORDED TO THE ALLEGED
01:36 - 21.130 ABUSER. BEFORE.
01:36 - 24.860 STANDARD IS SATISFIED THERE.
01:36 - 29.130 WELL TO COMPARE IT TO A GUILTY
01:36 - 30.590 PLEA COLLOQUY WHERE.
01:36 - 32.370 >>YOU KNOW YOU HAVE THE DIA A
01:36 - 33.760 RECITING THE FACTS.
01:36 - 35.710 IT WAS LIKE THE FAX WEEKLY TO
01:36 - 36.000 WORK AND
01:36 - 39.800 THEN THE SENATE IS THE SENATE
01:36 - 40.620 DID YOU UH
01:36 - 43.740 IF YOU IS THAT TRUE THEY SAY
01:36 - 46.590 YES AND. THAT WOULD BE
01:36 - 47.110 SUFFICIENT.
01:36 - 51.120 I AGAIN DO ARE THESE ARE NON
01:36 - 53.000 RECORDS TO SEE. SO YOU'RE NOT
01:36 - 55.670 GOING TO HAVE THAT. YOU'RE NOT
01:36 - 56.450 GOING TO BE ABLE TO PULL
01:36 - 59.480 A COLLOQUY AND IN HERE THAT
01:36 - 00.510 CONVERSATION, THOSE
01:37 - 02.120 CONVERSATIONS ARE HELD OFF OFF
01:37 - 03.530 THE RECORD. IT'S SOMETHING YOU
01:37 - 05.450 CARE YOU COULDN'T HEAR I JUST
01:37 - 07.710 INTERRUPT YOU FOR A AND AND I'M
01:37 - 09.890 THINKING ABOUT THE CHRONOLOGY.
01:37 - 12.180 >>IT WOULDN'T
01:37 - 13.150 BE FEASIBLE
01:37 - 17.510 BILL THAT RECORD BY BRINGING
01:37 - 19.440 YOUR OWN CORP OR SO TO SPEAK BY
01:37 - 20.740 FOR EXAMPLE.
01:37 - 23.530 >>IF THEY KNEW.
01:37 - 25.110 >>ABOUT THE A ARE D BRINGING IN
01:37 - 26.580 COURT PORTER IN GETTING SOME
01:37 - 28.130 KIND OF RECORD IT'S NOT GOING
01:37 - 29.220 TO HAPPEN RIGHT BECAUSE
01:37 - 30.890 SEE WHY IT'S NOT GOING TO BE
01:37 - 33.250 PREPARED IN THESE CASES TO
01:37 - 34.890 DEVELOP THAT. BACK AT THE TIME
01:37 - 36.170 OF THE AIR D HERE RIGHT.
01:37 - 40.470 PROBABLY BE AFRAID US THERE TO
01:37 - 41.620 I DON'T KNOW THAT THE COURT.
01:37 - 43.440 THE COMMON PLEAS FOR WOULD BE
01:37 - 45.450 TO PARTICULARLY PLEASED BECAUSE
01:37 - 47.020 IT'S IN MY VIEW IS SOMEWHAT
01:37 - 48.170 STRUCK IN MAY.
01:37 - 50.150 MAYBE IT LASTED MORE DIFFICULT
01:37 - 51.300 HAD THESE PROCEEDINGS GO
01:37 - 51.620 THROUGH.
01:37 - 52.410 >>BECAUSE THEY MAY HAVE AN
01:37 - 54.360 ASSEMBLY LINE GOING ON IN AND
01:37 - 55.500 THEY'RE NOT GOING TO WANT TO
01:37 - 57.320 HAVE A COLLOQUY FOR SEE WHY
01:38 - 05.470 >>I QUESTIONED.
01:38 - 09.650 I JUST DESPAIR. THANK YOU
01:38 - 10.910 KEITH UP JUST
01:38 - 12.650 REALLY BRIEFLY BECAUSE IT'S NOT
01:38 - 14.620 THE MEAD OF THE LEGAL ARGUMENT.
01:38 - 17.410 BUT I MEAN IF YOU'RE LOOKING A
01:38 - 18.180 GIFT HORSE IN
01:38 - 20.560 THE MOUTH. YOU'RE YOU WHEN
01:38 - 22.120 BEFORE US YOU GET A HEARING.
01:38 - 25.370 YOUR CLIENT DID BAR FROM
01:38 - 27.810 MIDNIGHT UNTIL 06:00AM THAT
01:38 - 30.610 CHILD ABUSE IN IN YOUR FOUNDED
01:38 - 32.720 INSTEAD SHE GOES A ARE D IS A
01:38 - 33.810 MATTER OF CONVENIENCE
01:38 - 35.420 SHE WAITS UNTIL SHE DOES IS
01:38 - 36.890 COMMUNITY SERVICE AND THE LIKE
01:38 - 39.540 AND END UP IN GETS VACATED.
01:38 - 41.110 IS
01:38 - 43.060 THAT THE IT'S THE SMART THING
01:38 - 44.760 TO DO TO NOT GO YOU'RE OUT AND
01:38 - 46.280 IT JUST GOING RD GET RID OF
01:38 - 46.980 THIS CONVENTION.
01:38 - 50.910 IT'S TOUGH QUESTIONS ARE OKAY.
01:38 - 53.140 JUST THE SPOTTED BE.
01:38 - 56.010 IT IS A POINT WHEN
01:38 - 58.250 THE LEGISLATURE. BUT THE
01:38 - 59.810 PROBLEM HERE SEEMS TO ME TO BE
01:38 - 00.640 DUE PROCESS.
01:39 - 03.100 AND IT'S I THINK THAT'S WHAT
01:39 - 04.220 YOU'RE ARGUING AND I THINK
01:39 - 05.450 THAT'S WHAT BY DID ALTHOUGH I
01:39 - 07.010 DON'T KNOW THAT YOU RAISE THAT
01:39 - 08.150 IN CERTAINLY WAVE
01:39 - 09.750 CONSTITUTIONAL ISSUES IN CHINO
01:39 - 11.960 WHAT WOULD DIE THE COMMONWEALTH
01:39 - 13.050 COURT HELD IS UNDER THE
01:39 - 14.720 ADMINISTRATIVE AGENCY LAW THIS
01:39 - 16.130 EQUALS IN THE JUNE OCCASION.
01:39 - 17.940 AND IN
01:39 - 21.420 THE ADJUDICATION IT CAN OCCUR
01:39 - 22.730 WITHOUT WITHOUT A HEARING.
01:39 - 25.190 THE OTHER SECTION A LAW THAT
01:39 - 27.370 WE'VE ALL TALKED ABOUT SAYS
01:39 - 29.860 IF YOU GO A ARE D YOU DON'T GET
01:39 - 30.280 A HEARING.
01:39 - 31.980 WHAT WE DO WITH WHAT I
01:39 - 33.580 PERCEIVED WHAT I WOULD DO THIS
01:39 - 35.260 CASE IS A CONFLICT INTO
01:39 - 36.640 SECTIONS OF PENNSYLVANIA LAW.
01:39 - 40.740 WELL AS I HAD MENTIONED BEFORE.
01:39 - 43.880 ONE OF THE EYE.
01:39 - 45.690 I'M NOT AN EXPERT IN AND IN
01:39 - 47.550 STATUTORY CONSTRUCTION TO BRING
01:39 - 49.900 >>THE.
01:39 - 51.750 >>YOU KNOW CONSTITUTION AND ASA
01:39 - 53.200 TO SHUN A LAW THAT I WOULD SAY
01:39 - 54.720 JUST AS A MATTER OF POLICY.
01:39 - 57.780 THAT I WOULD ASK THE COURT TO
01:39 - 59.720 CONSIDER A COUNTY THAT HAVE A
01:39 - 00.680 STRONGER INTEREST.
01:40 - 05.090 BECAUSE OF THE BRANDISHING
01:40 - 07.310 A FAT OF BEING PLACED ON THIS
01:40 - 08.680 REGISTRY AND HAPPENED WHEN IT'S
01:40 - 10.450 YOUR EMPLOYMENT OPPORTUNITIES
01:40 - 11.790 AND JUST HOW YOU'RE VIEWED BY
01:40 - 13.220 PEOPLE IN SOCIETY IN GENERAL
01:40 - 14.450 THERE'S A LOT AT STAKE FOR ME.
01:40 - 17.050 >>I I APPRECIATE IT THANK YOU
01:40 - 18.330 VERY MUCH, THANKS CHIEF.
01:40 - 21.700 THANK YOU JUSTICE OF. NEW
01:40 - 23.800 QUESTIONS STREET. THANK
01:40 - 25.340 YOU MR.
01:40 - 27.920 >>I'VE MET YOU HAVE A A.
01:40 - 30.580 THAT SEARCH OF SUMMATION.
01:40 - 33.440 >>NO SIR I BEAT THE COMMENTS US
01:40 - 33.660 WANT.
01:40 - 37.070 AND I I APPRECIATE THAT THE
01:40 - 39.790 FIRST WEEK OF EARLY ON. NOT
01:40 - 41.860 ONLY ARE YOU BREACH SO
01:40 - 43.940 WE THOUGHT. I WILL CONCLUDE
01:40 - 45.760 THIS ARGUMENT AND A.
01:40 - 51.910 >>PEOPLE FROM HAGERSTOWN WELL
01:40 - 52.740 SOUTH OF HERE ALONG THE
01:40 - 53.800 MOUNTAIN RANGE WE'RE COMING
01:40 - 55.510 INTO GETTYSBURG AND SAY THE
01:40 - 57.170 COMPUTER FOR MOVING NORTH AND
01:40 - 58.370 IF THEY CHOSE TO COME OVER
01:40 - 59.780 THE MOUNTAINS THAT THEIR
01:40 - 01.310 HARVESTS WERE IN DANGER,
01:41 - 02.780 GETTYSBURG BATTLE WALKS A
01:41 - 04.640 GUIDED TOURS OF THE HISTORIC
01:41 - 06.780 BATTLEFIELD LED BY THE EXPERTS
01:41 - 07.450 WHO CAN TELL YOU
01:41 - 09.570 WHAT HAPPENED EACH BOTTLE WALK,
01:41 - 11.350 LET'S YOU WALK IN THE SHOES OF
01:41 - 13.480 THE MEN WHO FOUGHT AND DIED
01:41 - 13.810 HERE.
01:41 - 15.680 >>GETTYSBURG BATTLE LOCKS,
01:41 - 18.310 JULY FIRST SECOND AND 3RD ONLY
01:41 - 19.550 ON PC M.
01:41 - 22.390 >>THESE ARE GETTING IS IN UNION
01:41 - 24.050 COUNTY NEWS ANCHORS ARE SAYS
01:41 - 25.110 IT'S BEEN A DEPARTMENT OF
01:41 - 27.980 CORRECTIONS BEHALF COHEN IS
01:41 - 29.430 MISSED EVERSON RAND
01:41 - 31.650 ARE YOU IN BEHALF OF LEE IS
01:41 - 32.840 MICHAEL J JOINTS.
01:41 - 37.610 >>AH THE GOOD AFTERNOON, NOT.
01:41 - 40.270 THEY WERE REPORTER SENT A
01:41 - 41.710 REQUEST TO THE PENNSYLVANIA
01:41 - 42.980 DEPARTMENT OF CORRECTIONS
01:41 - 44.450 PURSUANT TO THE RIGHT TO KNOW
01:41 - 44.840 LAW.
01:41 - 47.450 SHAKING INFORMATION REGARDING
01:41 - 48.440 THE HEALTH INMATE.
01:41 - 50.790 THE DEPARTMENT DENIED
01:41 - 53.060 THE REQUEST. THE OPPOSITE OF
01:41 - 54.500 OPEN RECORDS REVERSE THAT
01:41 - 55.070 DECISION.
01:41 - 57.960 THEREAFTER THE DEPARTMENT ONLY
01:41 - 59.210 PARTIALLY COMPLIED WITH THE
01:41 - 59.830 REQUEST.
01:42 - 02.900 AND THE NEWSPAPER FOUND FORSMAN
01:42 - 03.310 ACTION.
01:42 - 05.650 THE COMMONWEALTH COURT
01:42 - 07.000 ADJOURNED THAT THE DEPARTMENT
01:42 - 07.900 HAD ACTED IN
01:42 - 10.510 BAD FAITH AND IMPOSE OR
01:42 - 13.040 $100,000 IN TOURNEY HISTORY.
01:42 - 14.850 IN ADDITION TO OTHER PARENTS.
01:42 - 17.750 APPEAL WAS ALLOWED TO REVIEW
01:42 - 19.330 THE BEST SAFETY TERMINATION.
01:42 - 22.180 AS WELL AS THE PROPRIETY OF THE
01:42 - 24.340 AWARD THAT TOO.
01:42 - 31.870 YOU CAN INTRODUCE YOURSELF AND
01:42 - 34.880 PROCEED THAT ARGUMENT. WE HAVE
01:42 - 36.420 THE TALENT WE APPRECIATE IT
01:42 - 37.080 RAN.
01:42 - 39.400 >>THANK YOU YOUR HONOR AND YOUR
01:42 - 40.530 HONOR I WOULD LIKE TO JUST
01:42 - 42.310 EXPRESS OUR APPRECIATION FOR
01:42 - 44.450 THE COURTS ENABLING THIS VIDEO
01:42 - 45.240 HEARING I'M SURE
01:42 - 46.940 THAT WAS DIFFICULT IN YOUR
01:42 - 49.200 STAFF'S BEEN VERY SIGNING
01:42 - 50.140 HELPING US GET UP TO
01:42 - 52.180 SPEED HERE. I THINK YOU'RE ITS
01:42 - 53.980 POSITION IN THIS CASE IS
01:42 - 56.670 IMPORTANT HAVE THESE IMPOSED
01:42 - 58.200 UNDER THE RIGHT TO KNOW ACT.
01:42 - 00.480 YOU NEED 2 THINGS A FINDING OF
01:43 - 02.090 BAD FAITH AND STATUTORY
01:43 - 03.940 AUTHORITY AND I'D LIKE TO
01:43 - 05.870 ADDRESS FIRST TO QUESTION A BAD
01:43 - 06.430 FACE.
01:43 - 09.200 IT IS CRITICAL TO THE
01:43 - 10.580 DEPARTMENT'S POSITION THAT THE
01:43 - 11.720 COURT UNDERSTAND
01:43 - 13.750 THAT WHEN THE DEPARTMENT
01:43 - 16.210 RECEIVED THE REQUEST IN 2014.
01:43 - 19.090 IT READ THEIR REQUEST NARROWLY
01:43 - 20.840 THAT'S NOT IN DISPUTE.
01:43 - 24.460 IT'S NOT UNTIL 2016 2 YEARS
01:43 - 26.280 LATER IN THE ENFORCEMENT
01:43 - 28.840 PROCEEDING LAND. JUDGE SIMPSON
01:43 - 30.050 RIGHT TO HIS OPINION
01:43 - 32.580 THAT WE LEARNED THAT ARE
01:43 - 35.160 READING WAS IMPROPERLY NARROW.
01:43 - 36.920 AND ALTHOUGH THE JUDGE FOUND
01:43 - 38.310 THE READING TO BE NARROW.
01:43 - 39.680 HE ALSO MADE TO WHETHER
01:43 - 42.400 IMPORTANT FINDINGS. ONE WHY'S
01:43 - 45.180 THAT THERE WAS A BASIS FOR THE
01:43 - 47.410 NARROW READING AND THE SECOND
01:43 - 49.500 WAS THAT THE NARROW READING WAS
01:43 - 51.310 NOT IN BAD SHAPE.
01:43 - 53.660 CRITICAL TO
01:43 - 55.970 UNDERSTANDING WHY WE CONTENDERS
01:43 - 57.430 NO THAN FAITH IN THIS CASE.
01:43 - 59.620 IT'S IMPORTANT WHEN LOOKING AT
01:43 - 01.220 THE CASE TO BE LOOKING
01:44 - 03.400 AT IT ALWAYS THE HARTMAN LOOKED
01:44 - 04.470 AT THE REQUEST IN
01:44 - 07.350 2014. NOT THE WAY IT WAS
01:44 - 09.160 CONSTRUED BY THE COURT 2 YEARS
01:44 - 10.750 LATER IN 2016.
01:44 - 12.380 AND ALTHOUGH IT IS TRUE THAT
01:44 - 14.820 HURTS SIMPSON SAID IN HIS EYE.
01:44 - 16.160 THEY HAD FAITH OPINION
01:44 - 17.830 THAT THE DEPARTMENT SHOULD HAVE
01:44 - 19.140 BEEN ON NOTICE SINCE READING
01:44 - 21.360 WAS TOO NARROW BASED ON E L OUR
01:44 - 23.550 DECISION I WOULD RESPECTFULLY
01:44 - 25.210 INVITE THE COURT TO READ THAT
01:44 - 26.750 DECISION AND THERE IS NO
01:44 - 29.270 DISCUSSION THAT DECISION OF
01:44 - 30.500 ITS SCOPE.
01:44 - 33.120 THE REQUEST IS FOCUSED ENTIRELY
01:44 - 34.200 ON WHETHER THE DEPARTMENT
01:44 - 35.470 MINUTES BURDEN TO SHOW THERE IS
01:44 - 37.190 AN INVESTIGATION. IT'S
01:44 - 39.190 CONTRACTED BY LANGUAGE
01:44 - 40.160 SEEKING
01:44 - 42.150 INFORMATION CONCERNING
01:44 - 45.120 ILLNESSES CONTRACTED BY INMATES
01:44 - 47.170 AT SCI FAYETTE WAS
01:44 - 49.130 READ TO MEAN EXACTLY THAT IN
01:44 - 51.310 LATE IN ADDITIONAL LANGUAGE IN
01:44 - 54.140 REQUEST WAS READ AS BEING
01:44 - 55.590 EXPLANATORY RATHER THAN
01:44 - 56.480 EXPANSION
01:44 - 59.350 EXPANSIVE WHEN YOU UNDERSTAND
01:44 - 00.660 THAT THAT'S HOW THE DEPARTMENT
01:45 - 02.240 LOOKED AT THE CASE INITIALLY
01:45 - 04.190 YOU NEED TO SEE WHAT HAPPENED.
01:45 - 05.730 THE FIRST THING HAPPENED IS THE
01:45 - 07.290 REQUESTS CAME AND IT WENT TO
01:45 - 09.480 THE RIGHT TO KNOW OFFICER WHO
01:45 - 11.310 DID WHAT THE STATUTE SAID HE
01:45 - 12.680 DIRECTED IT TO SOMEONE IN THE
01:45 - 14.810 AGENCY TO ANSWER THAT PERSON
01:45 - 17.030 WAS MISS MONTANA. IT'S MONTANA
01:45 - 19.400 CAME BACK AND STATED THERE ARE
01:45 - 21.050 2 SETS OF RECORDS THAT WOULD
01:45 - 22.290 BE RESPONSIVE. THE
01:45 - 23.710 INVESTIGATIVE RECORDS
01:45 - 25.830 CONCERNING THE ABOLITIONIST LAW
01:45 - 28.540 CENTER REPORT AND IN THE
01:45 - 30.000 INDIVIDUAL INMATE MEDICAL
01:45 - 32.190 RECORDS. BOTH OF THOSE WE
01:45 - 33.290 BELIEVED WERE SUBJECT TO
01:45 - 34.830 EXCEPTION AND SO
01:45 - 37.050 WE DENIED THE REQUEST CITING
01:45 - 38.810 KNOWS AMONG OTHER EXCEPTIONS.
01:45 - 42.090 >>THANK YOU MISTER AND JUSTICE
01:45 - 42.960 DAUGHERTY'S YOU HAVE ANY
01:45 - 43.630 QUESTIONS.
01:45 - 47.390 SORRY ABOUT THAT GUYS.
01:45 - 51.050 NO NOT AT THIS POINT. THANK YOU
01:45 - 52.060 JUSTICE WORK.
01:45 - 53.850 >>THANK YOU TO THOSE THIS I
01:45 - 54.890 HAVE NOTHING AT THIS TIME.
01:45 - 57.110 >>THIS IS MONEY.
01:45 - 59.220 I HAVE NO QUESTIONS
01:45 - 02.560 THANK YOU. THIS IS WHERE I WAS
01:46 - 04.510 SORRY TO BREAK THE STRING.
01:46 - 08.440 COUNCIL YOUR ARGUMENT DOESN'T
01:46 - 09.410 SEEM TO ME TO
01:46 - 10.470 BE RESPONSIVE.
01:46 - 12.560 >>TO EITHER THE ISSUES THAT WE
01:46 - 13.500 GRANTED
01:46 - 16.870 AND YOU AS A APPELLATE FRAME
01:46 - 18.590 THOSE ISSUES WE REALLY ADOPTED
01:46 - 21.110 THEM SO EXPLAIN TO ME IF
01:46 - 22.840 I UNDERSTAND YOUR FIRST
01:46 - 24.240 ARGUMENT AND TELL ME IF I'M
01:46 - 26.860 WRONG. THE ARGUMENT IS THAT IF
01:46 - 28.680 YOUR RIGHT TO KNOW RESPONDER
01:46 - 30.230 AGENCIES RIGHT NOW RESPONDERS.
01:46 - 32.840 DELEGATED THE TASK THAT YOU
01:46 - 34.010 INDICATED TO OTHERS
01:46 - 36.250 AND THE OTHERS MADE A MISTAKE.
01:46 - 37.760 THE AGENCY IS NOT RESPONSIBLE.
01:46 - 42.040 >>THAT IS CORRECT THAT IF THEY
01:46 - 43.210 NEED A MISTAKE.
01:46 - 45.070 SO IF MISS MONTAG MADE A
01:46 - 46.820 MISTAKE IN THE WAY SHE READ THE
01:46 - 48.940 REQUEST THAT DOESN'T MEAN
01:46 - 50.560 WE ACTED IN A WAY THAT WAS
01:46 - 51.980 UNREASONABLE OR IN
01:46 - 54.400 BAD FAITH. THE EVIDENCE ISN'T
01:46 - 56.700 THE AGENCY RESPONSIBLE RIPPED
01:46 - 57.500 HEARTLESS OF.
01:46 - 59.900 >>HOW YOU INTERNALLY ORGANIZE
01:46 - 01.580 YOUR YOUR YOUR OPPORTUNITIES
01:47 - 01.830 ARE.
01:47 - 03.880 >>YES, THE AGENCY IS
01:47 - 05.190 RESPONSIBLE IN THE SENSE THAT
01:47 - 05.700 THAT'S WHAT THE
01:47 - 08.400 STATUTE SAYS IT OBVIOUSLY HUMAN
01:47 - 09.780 BEING HAS TO RESPOND TO THE
01:47 - 10.670 REQUEST.
01:47 - 13.760 THE AGENCY ITSELF CAN'T 4 MENS
01:47 - 15.880 REA I CAN'T AND YOU KNOW
01:47 - 17.940 HAVE A SHRED DOCUMENTS OR DO
01:47 - 18.980 ANY OTHER SUCH THING.
01:47 - 20.590 SO I THINK YOU HAVE TO LOOK AT
01:47 - 21.980 THE RECORD WE HAVE IN THE 2
01:47 - 23.510 INDIVIDUALS WHO ARE ACTUALLY
01:47 - 25.170 AGENCY EMPLOYEES WOULD BE
01:47 - 27.220 RESPONSIBLE. MISTER MA WHERE
01:47 - 29.470 HIS MONTANA HOME. LOOK FOR
01:47 - 30.630 DOCUMENTS OR HE
01:47 - 32.080 I DON'T KNOW SHE LOOKED BUT SHE
01:47 - 33.500 CAME BACK AND SAID THIS IS WHAT
01:47 - 34.160 THEY'RE WISE.
01:47 - 36.200 AND MISTER OTHMAN WHO THE COURT
01:47 - 37.210 FOUND CREDIBLE
01:47 - 38.930 AND KIM SAID IT WAS ON THE
01:47 - 40.840 PHONE WITH DOCTOR IN DOCTOR,
01:47 - 43.200 THE WEALTH AND WE WERE ASKING
01:47 - 45.130 QUESTIONS ABOUT WHAT DOCUMENTS
01:47 - 45.940 ARE THERE SOME HE WAS
01:47 - 48.280 MAKING INQUIRIES AND BASED ON
01:47 - 50.010 THAT I THINK THERE'S NO BAD
01:47 - 52.130 STATE. ONCE YOU GET
01:47 - 56.790 TO THE THAT'S OK I MIGHT TIMES
01:47 - 58.060 VERY VERY LIMITED. SO
01:47 - 58.430 I JUST.
01:47 - 00.600 >>TYPICALLY AGO NEAR A POOL OF
01:48 - 01.460 PEOPLE THEY WERE NOT
01:48 - 02.730 CONSTRAINED A COUPLE MINUTES.
01:48 - 04.910 I THINK YOU'RE MAKING A
01:48 - 06.550 DIFFERENT ARGUMENT THAN US THIS
01:48 - 08.680 LOOK AT YOU'RE ARGUING THAT YOU
01:48 - 10.760 AS AN AGENCY. WE'RE IN GOOD
01:48 - 12.880 FAITH BECAUSE YOU MAY KNOW MIX
01:48 - 15.020 PAY AND A MISTAKE I UNDERSTAND
01:48 - 16.200 THAT ARGUMENT YOU WERE TRYING
01:48 - 18.160 TO PROTECT THE EXPOSURE TO
01:48 - 19.830 TOXIC COAL WASTE REPORT.
01:48 - 21.550 I DON'T THINK THAT'S THE ISSUE
01:48 - 22.480 HERE. BUT
01:48 - 24.650 I WANT YOU TO BE AWARE THAT IT
01:48 - 25.950 SEEMS TO BE THE ISSUE THAT YOU
01:48 - 27.340 RAISE THE SPARTAN RACE
01:48 - 29.890 2 ISSUES. BUT THE THE THE FIRST
01:48 - 31.540 ISSUE YOU RAISED WAS THAT.
01:48 - 33.420 YET SOMEHOW
01:48 - 34.870 THE AGENCY'S NOT RISK NOT
01:48 - 35.880 RESPONSIBLE IF THERE'S
01:48 - 37.410 CONFUSION AMONG THE RIGHT TO
01:48 - 39.340 KNOW RESPONDER AND PEOPLE THAT
01:48 - 40.780 HE DELEGATES IN THIS.
01:48 - 44.840 I RESPONDED IF NOT WE'LL JUST
01:48 - 45.140 DECIDE
01:48 - 47.550 THE CASE. NOW I THINK THAT THIS
01:48 - 49.000 STATUTE IS CLEAR THAT IT'S NOT
01:48 - 50.470 THE DUTY OF THE A ROW TO DO THE
01:48 - 51.120 SEARCH.
01:48 - 53.750 >>AND IN THIS CASE HE DIDN'T
01:48 - 55.060 AND THE FACT THAT HE DIDN'T I
01:48 - 56.000 DON'T THINK IT'S BAD THING.
01:48 - 59.100 OK THANK YOU. NICE WHEN JUSTICE
01:48 - 59.530 TIME.
01:49 - 02.160 >>I HAVE NO QUESTIONS CHIEF
01:49 - 02.770 JUSTICE.
01:49 - 04.840 >>THANK YOU JUSTICE TANI YEARS.
01:49 - 05.710 >>I
01:49 - 08.840 USE COUNCIL ON BIG GET BACK TO
01:49 - 11.040 LIKE JUST AS FEARS QUESTION ON
01:49 - 13.750 WHEN SHE IS ESSENTIALLY
01:49 - 14.910 FOCUS STEIN.
01:49 - 18.690 >>ROLE OF THE OPEN
01:49 - 20.200 RECORDS OFFICER.
01:49 - 23.730 >>WHO BY STATUTE IS DESIGNATED
01:49 - 25.050 AS THE
01:49 - 29.390 CENTER POINT ON RESPONSIVENESS
01:49 - 31.680 SIDE AND REACTION. I TO
01:49 - 34.200 REQUESTS FOR DOCUMENTS. I IN
01:49 - 37.420 MY VIEW. HE PERSONIFIES THE
01:49 - 39.350 AGENCY'S OBLIGATION YOU
01:49 - 40.750 HAVE DEFINITIONS OF WHAT THE
01:49 - 43.350 AGENCY IN DO AN EFFORT BETSY
01:49 - 45.140 COME STAND BY. HE
01:49 - 47.400 SAID THE. JOBS AT
01:49 - 51.480 THE SLOW THEN TO THE OPEN
01:49 - 52.410 RECORDS OFFICE
01:49 - 55.260 OR SO. IT'S MY UNDERSTANDING
01:49 - 56.870 THAT YOU'RE TAKING THE POSITION
01:49 - 58.620 THAT HE REALLY ONLY SERVES IN
01:49 - 59.850 MANY CEREAL.
01:50 - 01.810 HE GETS A REQUEST HE
01:50 - 04.010 GIVES IT TO SOMEBODY ON ANY
01:50 - 05.420 CHECKS TO SEE HOW THEY'RE DOING
01:50 - 06.660 AND THEN SOMEBODY JUST TELLS
01:50 - 08.400 HIM WHAT TO SAY AND THEN EACH
01:50 - 10.400 PASSING THAT ALONG IS THAT IS.
01:50 - 11.590 >>YES,
01:50 - 12.220 AND AND.
01:50 - 15.490 >>I DON'T I DON'T UNDERSTAND I
01:50 - 18.040 HOW ONE COULD COME TO THAT
01:50 - 21.240 CONCLUSION. WHEN YOU LOOK AT
01:50 - 21.830 THE SENSE.
01:50 - 24.300 >>ALL OF THE OPEN RECORDS
01:50 - 27.770 OFFICER ME. HIS ULTIMATE JOHN
01:50 - 30.640 IS TOO ISSUE INTERIM AND
01:50 - 32.320 FINAL RESPONSES.
01:50 - 36.210 I MEAN THAT SUGGESTS SOMETHING
01:50 - 37.890 MORGAN PARITY
01:50 - 40.380 INFORMATION THAT HE
01:50 - 42.870 ACCEPTS BLINDLY FROM
01:50 - 44.500 INDIVIDUALS TAKE THIS CASE FOR
01:50 - 45.930 EXAMPLE ON TIME.
01:50 - 48.040 YOU SAID YOU DON'T KNOW WHETHER
01:50 - 49.130 SHE HE LOOKED
01:50 - 51.030 AT DOCUMENTS HIS RECORD
01:50 - 52.860 REFLECTS MY UNDERSTANDING IS
01:50 - 53.790 THAT HE DID NOT.
01:50 - 56.350 SHE ESSENTIALLY LOOK AT THE RAC
01:50 - 57.660 REQUEST INSTEAD
01:50 - 00.250 I THIS TOUCHES UPON INFORMATION
01:51 - 02.490 I BET I SEND IT TO ITS ACTIONS
01:51 - 03.200 AND THAT WAS THE END
01:51 - 05.550 OF IT ISN'T IT THE OFFICE OF
01:51 - 07.560 OPEN RECORDS ON.
01:51 - 10.220 HER SON ISN'T THAT ISN'T IT
01:51 - 12.810 THAT OFFICERS JOT TO MAKE AN
01:51 - 15.660 INQUIRY INTO WHAT WAS DONE TO
01:51 - 17.220 COME TO THAT CONCLUSION IS IN
01:51 - 19.800 HERE SHE KNEW HER SON WHO
01:51 - 20.350 WITHIN THE
01:51 - 23.620 AGENCY IS GIVEN THAT SPOT
01:51 - 25.680 BECAUSE THEY'RE FAMILIAR WITH
01:51 - 27.500 THE LAW WHEN IT IS A PUBLIC
01:51 - 29.660 RECORD. WHAT ARE THE EXCEPTIONS
01:51 - 31.690 ISN'T IT. THE EXPERTISE OF THAT
01:51 - 33.510 OFFICER THAT POINT SAID OFFICER
01:51 - 34.830 A NEW POSITION IN DOING
01:51 - 36.070 SOMETHING 100 IN
01:51 - 38.920 KAREN E INFORMATION THAT PASSED
01:51 - 39.610 ALONG TO HIM.
01:51 - 43.060 I DON'T BELIEVE THAT'S CORRECT
01:51 - 44.880 YOUR HONOR AND THE REASON WHY I
01:51 - 45.680 SAY THAT.
01:51 - 47.880 >>IS FIRST I WANT TO SAY THAT I
01:51 - 49.510 DO THINK SOMEONE HAS A DUTY TO
01:51 - 50.880 SEE THAT IT'S IT'S BEING
01:51 - 52.030 RESPONDED TO AND I WOULD
01:51 - 53.590 SUGGEST THAT THAT DUTY WOULD BE
01:51 - 55.300 ON MISS MONTAG SUPERVISORS,
01:51 - 55.900 NOT THE.
01:51 - 58.110 >>AT THE SAME OPEN RECORDS.
01:51 - 59.140 I RESPONDED THAT WE
01:51 - 01.520 HAVE HERE BUT SECOND DEPENDING
01:52 - 02.930 ON THE KINDS OF DOCUMENTS YOU
01:52 - 04.980 HAVE IT'S NOT EVEN NECESSARILY
01:52 - 06.070 POSSIBLE THAT
01:52 - 08.650 RECORDS OFFICER WOULD KNOW OR
01:52 - 09.900 BE ABLE TO UNDERSTAND THE
01:52 - 10.780 DOCUMENTS SOME OF THESE
01:52 - 11.690 DOCUMENTS ARE FAIRLY
01:52 - 12.320 COMPLICATED
01:52 - 14.290 MEDICAL DOCUMENTS TO THE
01:52 - 15.390 AVERAGE PERSON WOULD
01:52 - 16.860 NECESSARILY KNOW IF THEY WERE
01:52 - 18.490 REALLY RESPONSE AND WE'RE NOT
01:52 - 20.430 LET ALONE BE TASKED WITH
01:52 - 23.540 LOOKING FOR THEM. ANALYZING KIM
01:52 - 24.630 RAINEY COUNCIL
01:52 - 26.380 I DIDN'T SAY THAT HE HAD AN
01:52 - 28.200 OBLIGATION TO LOOK FOR
01:52 - 30.200 DOCUMENTS OR NECESSARILY.
01:52 - 32.910 >>OR NEED TO LOOK AT ALL OF THE
01:52 - 33.290 DOT.
01:52 - 36.040 BUT GIVEN HIS DESIGNATED
01:52 - 37.220 POSITION WITHIN THE
01:52 - 39.940 STATUTORY FRAMEWORK DOES HE OR
01:52 - 41.440 SHE NOT HAVE MORE
01:52 - 43.230 RESPONSIBILITY THAN JUST
01:52 - 46.790 PARENTING WITHOUT ANY INQUIRY
01:52 - 48.380 INFORMATION THAT PASSED ALONG
01:52 - 49.070 TO HIM OR HER.
01:52 - 52.240 >>NO I DON'T THINK
01:52 - 54.510 SO I THINK HE CAN RELY ON THE
01:52 - 56.590 STATEMENTS OF ANOTHER EMPLOYEE
01:52 - 58.170 OF THE AGENCY WHO'S MORE OF AN
01:52 - 59.940 EXPERT IN THAT AREA
01:52 - 03.550 OF DOCUMENTATION TO SAY THESE
01:53 - 03.650 ARE
01:53 - 06.820 THE DOCUMENTS. IF THAT'S NOT
01:53 - 08.860 RIGHT THAT PERSON IS THE ONE
01:53 - 10.530 THAT SHOULD BE ON OXFORD WITH
01:53 - 11.460 US REPRESENTING.
01:53 - 12.350 >>MS.
01:53 - 15.330 >>BUT YEAH, IT WOULD BE AT THE
01:53 - 17.130 END OF THE DAY THAT PERSON IF
01:53 - 18.840 THAT YOU THINK IS RESPONSIBLE
01:53 - 20.990 PERSON MACY AGENCY ON THE HUNT
01:53 - 21.670 FOR BACK PAY.
01:53 - 27.420 PRETTY I WOULD AGREE WITH YOU
01:53 - 29.320 ABOUT THAT BUT I DON'T BELIEVE
01:53 - 31.620 THAT THE NSA PEACE THEIR RECORD
01:53 - 33.490 SUPPORTS THAT MISS MONTAG ACTED
01:53 - 34.860 IN BY THE ANTE.
01:53 - 37.250 >>AND I CAN GET THIS RECORD
01:53 - 39.910 SITES ARE 1256 1257.
01:53 - 43.000 AND 1263 1264 WHERE THERE'S
01:53 - 44.170 TESTIMONY AS TO WHAT
01:53 - 45.370 INFORMATION SHE CAN PAY.
01:53 - 53.250 >>YOU WOULD LIKE
01:53 - 56.950 I SAY A FEW WORDS IN SUMMARY
01:53 - 58.870 AROUND YOUR ARGUMENT I THINK
01:53 - 01.460 THE IT
01:54 - 04.550 ENCANA NOT TO RESPOND YES, THIS
01:54 - 05.300 IS QUESTIONS.
01:54 - 07.660 >>YOUR HONOR I THINK THE
01:54 - 09.870 POINT WE'D LIKE TO IN ADDITION
01:54 - 11.350 TO THE LACK OF BAD FAITH IS
01:54 - 12.920 THERE REALLY ISN'T STATUTORY IS
01:54 - 13.900 ALREADY HERE.
01:54 - 15.990 I'M FIRST OF ALL WE DO BELIEVE
01:54 - 17.370 THAT THE ERA WAS NOT THE ONE
01:54 - 18.080 WHO SHOULD BE
01:54 - 19.430 INDUCTING THE SEARCH ARE
01:54 - 21.650 ANALYZING THE DOCUMENTS AND AND
01:54 - 23.320 AGAIN BECAUSE THE AREA OF
01:54 - 25.720 EXPERTISE OF THE NIRO IS NOT IN
01:54 - 28.070 EVERY SUBSTANTIVE SORT OF
01:54 - 29.950 REQUEST THAT'S BEING MADE AND
01:54 - 31.510 SECOND. THE
01:54 - 33.150 RIGHT TO KNOW LAW DOES NOT
01:54 - 35.220 PROVIDE FOR SANCTIONS EXCEPT
01:54 - 36.790 INTO CIRCUMSTANCES, NEITHER
01:54 - 38.750 WHICH WE HAVE HERE. THE FIRST
01:54 - 40.200 IS IF THE OFFICE OF OPEN
01:54 - 42.510 RECORDS ARE A DECISION IS
01:54 - 43.940 REVERSED BY THE COURT WHICH IT
01:54 - 45.290 WASN'T BECAUSE THE REQUESTER
01:54 - 46.590 PREVAILED IN THE DEPARTMENT AND
01:54 - 48.270 APPEAL. AND THE SECOND IS IF
01:54 - 50.080 THERE'S A TEAM DENIAL THEIR SON
01:54 - 52.060 WAS AN DENIAL, I MEAN THE COURT
01:54 - 53.960 THEN RECORDS OFFICE SAID
01:54 - 55.540 GIVE STUFF AND THE DEPARTMENT
01:54 - 57.790 GAVE SOME STUFF TINY WITHIN THE
01:54 - 58.980 PERIOD OF TIME SO
01:54 - 00.630 THERE'S NOT EVEN A FLORIDIAN
01:55 - 01.770 THINK UNDER THE RIGHT TO KNOW
01:55 - 04.370 THE LAW. YOU THAT IN MIND I
01:55 - 05.500 WOULD I WOULD AGAIN THANK THE
01:55 - 07.190 COURT. NATS THAT'S ALL.
01:55 - 10.660 >>AND WE THANK YOU. MR. JOYCE.
01:55 - 13.010 THANK YOU
01:55 - 13.960 CHIEF JUSTICE.
01:55 - 15.390 GOOD AFTERNOON AND MAY PLEASE
01:55 - 16.700 THE COURT MY NAME IS MICHAEL
01:55 - 18.660 JOYCE EWING OR STING IN LEE
01:55 - 19.370 ARE. AND
01:55 - 21.380 I REPRESENT ELLIE UNIONTOWN
01:55 - 22.670 NEWSPAPERS AND ONE OF ITS
01:55 - 24.140 REPORTERS CHRISTINE HAND.
01:55 - 25.860 >>THIS APPEAL PUT THAT ISSUE
01:55 - 27.350 ONE OF THE MOST IMPORTANT HOMER
01:55 - 28.990 TO OUR DEMOCRATIC SYSTEM IT'S
01:55 - 30.120 THE OPENNESS OF GOVERNMENT.
01:55 - 31.920 >>A PRESUMPTION OF OPENNESS IS
01:55 - 33.500 CONTAINED, BUT THEN RIGHT NO
01:55 - 35.400 LIFE NOW. AND WE'RE
01:55 - 36.760 SPECIFICALLY DEALING WITH VERY
01:55 - 38.210 IMPORTANT PARTS OF THE VITAL
01:55 - 39.950 THAT THE TORY RAIN WORKING AT
01:55 - 41.160 THE ENFORCEMENT DIVISION.
01:55 - 43.050 AND THE POTENTIAL FOR SANCTIONS
01:55 - 44.980 FOR BAD FAITH AND A FAILURE TO
01:55 - 45.560 COMPLY WITH
01:55 - 48.110 THE LAW. WITHOUT APPLICATION OF
01:55 - 49.860 THE SANCTIONS PROVISION TO THIS
01:55 - 51.770 CASE AND REALLY THE AVERAGE AGE
01:55 - 51.960 OF A
01:55 - 53.800 SIMILAR POSTURE. THE RIGHT TO
01:55 - 55.550 KNOW ALL THE GOOD FIGHT AND THE
01:55 - 56.740 PUBLIC'S RIGHT TO OPEN
01:55 - 58.740 GOVERNMENT INJURED. FOREVER,
01:55 - 00.470 AND THEY DO YOU SEE WANTS TO
01:56 - 02.270 LIMIT THE SANCTIONS PROVISIONS
01:56 - 03.170 TO NARROW
01:56 - 05.300 PROCEDURAL OFFICERS. GOOD AT
01:56 - 06.970 READING CREATE INTERNAL IN
01:56 - 08.490 CONSISTENCIES IN THE LANGUAGE
01:56 - 10.260 OF THE STATUTE AND ULTIMATELY
01:56 - 11.680 RESULTS IN AN ABSURD
01:56 - 14.030 OUTCOME, THE ONLY LOGICAL
01:56 - 16.260 READING OF THE LAW AND IT IS 3
01:56 - 17.860 AND A PURPOSE THAT THE SANCTION
01:56 - 18.420 PROVISION
01:56 - 20.950 APPLIES HERE. THE COMMONWEALTH
01:56 - 22.850 COURT JUDGE SIMPLY IMPROPERLY
01:56 - 24.610 AWARDED SANCTIONS BECAUSE THE D
01:56 - 26.290 O C ACTED IN BAD FAITH IN A
01:56 - 27.920 NUMBER OF RESPECTS IN THE FIRST
01:56 - 29.120 INSTANCE OF THAT WAS FROM THE
01:56 - 31.090 VERY BEGINNING. DO YOU SEE
01:56 - 32.730 FAILED TO MAKE ANY
01:56 - 34.360 EFFORT SEARCH LET ALONE A GOOD
01:56 - 35.880 FAITH SEARCH AS REQUIRED BY THE
01:56 - 37.530 RIGHT TO KNOW LAW. THE RESPONSE
01:56 - 39.500 OF RECORD. IT WASN'T UNTIL THE
01:56 - 41.180 NEWSPAPERS ENFORCEMENT ACTION
01:56 - 42.860 AND THE NEWSPAPER UNDERTOOK
01:56 - 44.770 DISCOVERY THAT ANY CHURCH EVEN
01:56 - 45.690 BEGAN TO OCCUR.
01:56 - 48.060 THIS INITIAL FAILING CREATED A
01:56 - 49.640 RIPPLE EFFECT OF BAD FAITH
01:56 - 50.100 THROUGHOUT THE
01:56 - 52.640 ENTIRE PROCESS. FOR EXAMPLE, IT
01:56 - 54.580 MEANT THAT THE D O C LITIGATED
01:56 - 57.450 DEFENSE IS OR BEYOND WITHOUT
01:56 - 58.740 REALLY KNOWING THE BASIS FOR
01:56 - 00.590 THEM. IT ALSO LED TO THE LOSS
01:57 - 02.020 OF RESPONSE OF INFORMATION
01:57 - 03.700 BECAUSE THE OC FAILED TO LOOK
01:57 - 05.480 AT LET ALONE PRESERVE THE
01:57 - 06.480 RESPONSE OF DATABASE.
01:57 - 07.950 IT CREATED THE NEED FOR
01:57 - 10.030 SIGNIFICANT LITIGATION JUST TO
01:57 - 11.650 FORCE BASIC RIGHT, NO LAW
01:57 - 13.820 DUTY, EVEN IN DECEMBER OF
01:57 - 15.890 2016 WHEN THE CWAM COMMONWEALTH
01:57 - 17.510 COURT REMINDED THAT YOU SEE
01:57 - 19.250 SPECIFICALLY WITH DOCUMENTS
01:57 - 21.410 RESPONSIVE. THE D O C STILL
01:57 - 22.480 FAILED TO PRODUCE.
01:57 - 24.670 5 YEARS OF LITIGATION LAW
01:57 - 26.240 ENFORCEMENT ACTION SHOULD NOT
01:57 - 28.820 BE NECESSARY. BALLON AGENCY TO
01:57 - 30.380 LOOK FOR REVIEW
01:57 - 32.120 AND ULTIMATELY PRODUCED PUBLIC
01:57 - 33.940 RECORDS PARTICULARLY WHEN WE'RE
01:57 - 35.670 DEALING WITH SUCH AN IMPORTANT
01:57 - 36.720 TOPIC IS THE HEALTH AND
01:57 - 38.000 WELL-BEING OF CITIZENS OF THE
01:57 - 38.610 COMMONWEALTH.
01:57 - 40.880 IN THE END THE COMMONWEALTH
01:57 - 41.890 COURT OPINION SHOULD BE
01:57 - 43.530 AFFIRMED AND I LOOK FORWARD ANY
01:57 - 44.840 QUESTION BEFORE MY OUT.
01:57 - 47.340 >>LET US ENJOY SAID JUSTICE
01:57 - 50.250 DIARY. NO QUESTIONS.
01:57 - 55.860 THANKS TO OUR THANKS TO YOU
01:57 - 57.210 JUST AS NO QUESTIONS HERE.
01:57 - 59.110 THANK YOU JUSTICE MONDAY.
01:58 - 05.250 >>DID YOU ADDRESS IF YOU
01:58 - 08.580 EXCUSE ME. IF YOU ARE GOING
01:58 - 12.220 TRY TO MAKE A DETERMINATION AS
01:58 - 14.420 TO WHAT THE ROLE OF
01:58 - 17.300 THE OWN OPEN RECORDS OFFICER
01:58 - 19.620 WAS IN THIS CASE. WE'RE WITH
01:58 - 20.960 YOU. LOOK.
01:58 - 25.090 >>I THINK THE
01:58 - 27.220 ROLE THAT THE OPEN RECORDS
01:58 - 28.990 OFFICER NIGHT AND I THINK JUST
01:58 - 30.390 AS DONNA YOU TOUCHED ON THIS.
01:58 - 31.790 >>VERY WELL IF THAT'S THE
01:58 - 34.200 CENTRAL PERSON WHO'S ORGANIZING
01:58 - 35.670 THE ENTIRE RESPONSE TO A RIGHT
01:58 - 36.670 TO KNOW LAW REQUEST
01:58 - 39.060 AND SECOND, I KNOW ONE OF THE
01:58 - 39.830 RIGHT TO KNOW LAW
01:58 - 41.700 CLEARLY STATES THAT UPON
01:58 - 43.160 RECEIPT OF A WRITTEN REQUEST,
01:58 - 44.330 THEM. THE INDIVIDUAL WHO
01:58 - 46.030 RECEIVED THE REQUEST OF THE
01:58 - 47.220 OPEN RECORDS OFFICER,
01:58 - 49.230 CERTAIN THINGS MUST OCCUR AND
01:58 - 50.420 THAT'S THAT'S A GOOD FAITH
01:58 - 51.870 REVIEW SEARCH AND ALL THOSE
01:58 - 53.980 OTHER OFF THE PATIENT. AND I
01:58 - 56.080 THINK THAT'S THE BASIC DUTIES
01:58 - 57.480 OF THE OPEN RIGHTS RECORDS
01:58 - 59.420 OFFICER. WELL.
01:58 - 01.990 >>I GUESS MY POINT WAS KIND OF
01:59 - 03.480 DOVETAILING ON TO SOME OF THE
01:59 - 05.760 DISCUSSION BY JUSTICE DONAHUE
01:59 - 08.320 AND I JUST KNOW IN SECTION
01:59 - 11.640 5 '02. WHERE TALKS ABOUT THE
01:59 - 13.320 FUNCTIONS OF THE OPEN RECORDS
01:59 - 16.880 OFFICER I DON'T SEE THE
01:59 - 17.780 EXPANSIVE
01:59 - 20.110 ROLE THAT IS DESCRIBED BY THE
01:59 - 21.690 COMMONWEALTH COURT THAT'S WITH
01:59 - 24.040 THE FUNCTIONS OF THAT
01:59 - 27.040 THE KILLER HER SON. VIS-A-VIS
01:59 - 27.790 THE STATUE.
01:59 - 30.990 >>AND JUST THE MONEY I THINK I
01:59 - 33.260 HAD A SLIGHTLY DIFFERENT REVIEW
01:59 - 34.320 OF THE COMMONWEALTH COURT'S
01:59 - 36.420 OPINION THEM AND THERE'S A LOT
01:59 - 37.470 OF PAGE AND A HALF OF OUR
01:59 - 39.040 REPORT LAYS OUT BULLET POINTS
01:59 - 41.560 OF EACH TIME. JUDGE SIMPSON
01:59 - 43.360 CLEARLY PIN. THE SEARCH
01:59 - 44.380 REQUIREMENT IN SOME OF THE
01:59 - 46.050 OTHER KEY REQUIREMENT ON
01:59 - 47.520 THE AGENCY AS A WHOLE AND I
01:59 - 48.140 THINK THAT'S THE
01:59 - 50.360 KEY IS. JUDGE SIMPSON NOTED
01:59 - 51.730 THAT THE AGENCY AS A WHOLE
01:59 - 52.960 BUILDING KNOWS OBLIGATION.
01:59 - 54.970 IT'S ALSO AN INTERESTING POINT
01:59 - 56.860 THAT THE IN DO YOU SEE
01:59 - 59.390 ZONE PROCEDURES. I SEEM TO
01:59 - 01.470 ASSIGN THE VERY DUTIES THAT
02:00 - 02.910 WE'RE TALKING ABOUT THE SEARCH
02:00 - 04.530 THE REVIEW OF DOCUMENTS THINGS
02:00 - 06.080 LIKE THAT THOSE DUTIES REPLACE
02:00 - 07.920 ON THE OPEN RECORDS OFFICER IN
02:00 - 09.900 THE DIOCESE. PROCEDURE.
02:00 - 13.030 >>I JUST HAVE ONE LAST FALL.
02:00 - 15.730 >>AND DO YOU
02:00 - 17.970 BELIEVE THAT UNDER THE LETTER
02:00 - 20.620 OF THE STATUTE ITSELF THAT THE
02:00 - 21.200 OPEN
02:00 - 22.580 RECORDS OFFICER.
02:00 - 24.830 >>HAS THE RESPONSIBILITY TO
02:00 - 26.820 LOOK PAGE BY PAGE THROUGH EVERY
02:00 - 27.510 DOCUMENT
02:00 - 29.790 THAT IDENTIFIED OTHER AGENCY
02:00 - 31.610 BUREAU'S HAS BEEN RESPONSIVE OR
02:00 - 33.710 NON RESPONSIVE. THE REQUEST.
02:00 - 37.130 >>NO I DON'T JUST AS I THINK
02:00 - 38.700 THAT'S AN AGENCY DUTY AND IT
02:00 - 40.500 CAN BE A COLLABORATIVE DUTY,
02:00 - 42.470 BUT ULTIMATELY SOMEBODY ASKED.
02:00 - 45.790 >>THANK YOU
02:00 - 48.320 JUSTICE BREYER AND I'D LIKE TO
02:00 - 50.390 FOCUS ON THE SECOND ISSUE.
02:00 - 57.370 SAYS AS I'M SURE YOU WELL KNOW.
02:00 - 59.970 IF A COURT REVERSES THE FINAL
02:00 - 02.530 DETERMINATION OF THE APPEALS
02:01 - 03.410 OFFICER MAY
02:01 - 05.350 WARD COUNCIL. AN APPEALS
02:01 - 07.610 OFFICERS FIND IS AN EMPLOYEE
02:01 - 10.230 THE O R AND DOES THAT MAKE ANY
02:01 - 11.210 SENSE TO YOU AT ALL.
02:01 - 14.530 CAN YOU EXPLAIN THAT TO ME.
02:01 - 19.890 I DO.
02:01 - 21.470 >>THANK YOU JUST DESPAIR AND I
02:01 - 22.660 DON'T THINK THAT LANGUAGE
02:01 - 23.940 ULTIMATELY MAKES SENSE
02:01 - 26.580 WITHIN THE GREATER CONFINES OF
02:01 - 27.250 THE STATUTE.
02:01 - 28.630 IF YOU START WITH THE TITLE
02:01 - 30.350 WOULD CLEARLY SAYS REVERSAL OF
02:01 - 30.440 AN
02:01 - 32.310 AGENCY DETERMINATION. AND I
02:01 - 33.980 THINK THAT SETS THE BASIS FOR
02:01 - 35.510 REALLY WHAT THE CONDUCT.
02:01 - 36.750 WE'RE LOOKING AT YOUR PEERS,
02:01 - 38.900 REVERSAL OF AN AGENCY AND
02:01 - 40.820 IF YOU GO THROUGH THE SECTION
02:01 - 42.200 SECTION OF SUBSECTIONS ONE AND
02:01 - 44.470 2. AGAIN CLEARLY PUT THE FOCUS
02:01 - 46.470 ON THE CONDUCT OF THE AGENCY
02:01 - 47.990 THAT SHOULD BE THE TRIGGER IN
02:01 - 50.180 EFFECT FOR SANCTIONS. NOT SOME
02:01 - 51.920 NARROW PROCEED YOUR WHICH.
02:01 - 54.520 FRANKLY RESULT IN COMPLETE
02:01 - 56.180 ABSURDITY IF IF THE THE
02:01 - 57.450 PREDICATE WAS.
02:01 - 59.940 >>A REVERSAL OF ARE.
02:02 - 02.270 >>THAT'S A DISINCENTIVE FOR
02:02 - 04.050 REQUESTERS TO PREVAIL AT THE O
02:02 - 05.980 R AND FURTHER IF YOU THINK
02:02 - 07.850 ABOUT WHAT TYPE OF CASES WOULD
02:02 - 11.040 OFTEN RESULT IN IN A DECISION
02:02 - 12.420 THEY WILL KNOW WHERE THE BEARS
02:02 - 13.660 ARE OFTEN THE WORST FAITH.
02:02 - 15.210 I'M SO I THINK THE SYSTEM
02:02 - 16.690 STARTS TO BREAK DOWN THAT
02:02 - 18.410 NARROW PROCEDURES REQUIRED.
02:02 - 21.260 >>THAT IS WHAT THE
02:02 - 23.550 LEGISLATURE SAID. IT PUTS US IN
02:02 - 25.140 A DIFFERENT COMPOSITION OUR JOB
02:02 - 26.840 IS TO INTERPRET LEGISLATIVE
02:02 - 29.100 SAYS. GENERALLY NOT TO
02:02 - 31.050 REWRITE IT. IT SEEMS TO ME THAT
02:02 - 32.820 THAT FOR YOU TO PREVAIL.
02:02 - 34.910 I MUST SAY SHE SHOULD PREVAIL.
02:02 - 35.900 WE HAVE TO
02:02 - 37.770 REWRITE THAT THAT INTRODUCTORY
02:02 - 39.270 PARAGRAPH NOT SOMEONE OR
02:02 - 39.990 SOMETHING.
02:02 - 42.740 >>I THINK
02:02 - 44.200 ULTIMATELY JUST AND FAIR THAT
02:02 - 46.120 THE COURT HAS BEEN TOLD IT CAN
02:02 - 47.410 STIR A STATUE WHEN THERE'S THAT
02:02 - 48.760 TYPE OF INTERNAL CONFLICT.
02:02 - 50.740 >>AND THAT'S THAT'S ESPECIALLY
02:02 - 52.010 IMPORTANT HERE BECAUSE THIS IS
02:02 - 53.500 THIS IS THE REAL TURN UNDER THE
02:02 - 54.810 RIGHT TO KNOW LAW THAT THIS IS
02:02 - 56.450 THE KEY TO THIS IS THAT AMOR
02:02 - 58.080 IT'S NECESSARY TO ENFORCE THE
02:02 - 59.950 LAW AND THE LEGISLATOR, WHAT
02:02 - 01.530 WAS CLEAR AT LEAST IN ITS
02:03 - 02.880 HISTORY MAYBE NOT AS CLEAR AS
02:03 - 04.390 WE'D LIKE IN THE LANGUAGE THAT
02:03 - 06.120 THIS NEW VERSION OF THE LAW WAS
02:03 - 08.000 SUPPOSED TO EXPAND SANCTIONS.
02:03 - 09.400 IT WASN'T SUPPOSED TO RESULT IN
02:03 - 11.700 A MORE NARROW OR NONEXISTENT
02:03 - 13.520 SERIES OF EVENTS THAT COULD
02:03 - 15.170 SUPPORT SANCTIONS THAT YEAH.
02:03 - 17.230 >>ALL RIGHT, THANK YOU SO MUCH.
02:03 - 19.380 THANK YOU. THANK
02:03 - 22.390 I JUST DESCRIBED.
02:03 - 25.280 I HAVE NO QUESTIONS TOO.
02:03 - 27.830 THANK YOU JUSTICE. I'M HERE.
02:03 - 30.810 NO I'M GOOD CHIEF THANK YOU.
02:03 - 34.390 THANK YOU OR NOT. THANK YOU.
02:03 - 37.140 MR. JOYCE SAID. I
02:03 - 39.780 THINK YOU A REALLY A OPEN YOUR
02:03 - 41.660 ARGUMENT RESPONDING TO THAT
02:03 - 44.500 OR QUESTIONS. I WOULD YOU LIKE
02:03 - 46.820 A A ROMER CHAIR OF THE NATION.
02:03 - 50.130 >>THANK YOU CHIEF JUSTICE.
02:03 - 53.050 IN THE END THE USE THE IGNORED
02:03 - 54.570 IT'S MADE MOST BASIC DUTIES
02:03 - 55.850 UNDER THE RIGHT TO KNOW LAW.
02:03 - 57.800 IM REFUSED TO MAKE AN INITIAL
02:03 - 58.930 INDISPENSABLE SEARCH FOR
02:03 - 00.370 DOCUMENTS AND THE FACT THAT
02:04 - 01.620 IT'S NO SEARCH AT ALL.
02:04 - 03.950 THIS WAS THE FIRST IN A SERIES
02:04 - 04.040 OF
02:04 - 06.210 BAD AIR. ALL DESIGNED TO BLOCK
02:04 - 07.760 ACCESS TO PUBLIC RECORDS
02:04 - 09.160 REGARDING A REALLY IMPORTANT
02:04 - 10.810 ISSUE THE HEALTH AND WELL-BEING
02:04 - 11.670 OF CITIZENS OF THE
02:04 - 13.460 COMMONWEALTH. WHEN IT LOST AT
02:04 - 15.470 THE O R THAT OF APPEALING
02:04 - 17.500 IT DISAGREED OR OTHERWISE BEEN
02:04 - 19.910 FLYING JUST REFUSED TO COMPLY
02:04 - 21.120 AND INSTEAD PRODUCE THE
02:04 - 23.360 DOCUMENTS THAT IT WANTED NOT
02:04 - 24.250 THE DOCUMENTS THAT WERE
02:04 - 24.920 RESPONSIVE.
02:04 - 27.080 THE NEWSPAPER WAS FORCED TO
02:04 - 28.820 LITIGATE ITS ENFORCEMENT ACTION
02:04 - 29.560 AN HOUR OVER
02:04 - 32.300 5 YEARS JUST TO SECURE A SEARCH
02:04 - 33.270 IN PRODUCTION THAT SHOULD HAVE
02:04 - 34.190 HAPPENED FROM THE VERY
02:04 - 35.960 BEGINNING. THIS IS AND HOW THE
02:04 - 37.420 RIGHT TO KNOW LAW SHOULD WORK.
02:04 - 40.210 AND ULTIMATELY IN THE NORMAL
02:04 - 42.490 COURSE I AM MOST REQUESTERS
02:04 - 43.010 WOULD NOT HAVE
02:04 - 44.860 THE PATIENTS OR THE WHEREWITHAL
02:04 - 46.310 OR THE FINANCES TO FIGHT THIS
02:04 - 48.230 BATTLE. LUCKILY FOR THE PUBLIC
02:04 - 49.540 IN PARTICULAR THOSE IN FAYETTE
02:04 - 51.470 COUNTY HAROLD STANDARD DID.
02:04 - 53.320 IN THE END THE D O C HAD
02:04 - 54.900 MULTIPLE CHANCES TO COMPLY WITH
02:04 - 56.320 THE RIGHT TO KNOW LAW WHEN IT
02:04 - 56.890 REFUSED TO
02:04 - 59.230 DO SO JUNCTIONS AND OPINION
02:04 - 00.820 SHOULD FROM BECAUSE THEY WERE
02:05 - 02.750 WHOLLY APPROPRIATE AND BECAUSE
02:05 - 04.570 THEY REPRESENT BUT NOTHING CAN
02:05 - 05.510 STEP FORWARD AND OPEN
02:05 - 07.250 GOVERNMENT HAS THE NEWSPAPER
02:05 - 09.030 AND IT'S A MEATY THE OFFICE OF
02:05 - 09.970 OPEN RECORDS IN THE
02:05 - 11.930 PENNSYLVANIA ASSOCIATION
02:05 - 14.280 ALL AGREE THE FUTURE AND FOR
02:05 - 15.530 STABILITY OF THE RIGHT TO KNOW
02:05 - 16.540 A LOT IS AT STAKE.
02:05 - 17.560 THANK YOU.
02:05 - 19.650 >>THANK YOU. DEAR JUDGE, THANKS
02:05 - 20.810 TO BOTH COUNCIL.
02:05 - 23.750 AND THAT CONCLUDES OUR HEARING
02:05 - 24.460 THIS CASE.
02:05 - 28.980 RE CONVENIENT WHEN YOU'RE IN
02:05 - 30.640 THE AIR ARE GIVEN IN THE AREA.
02:05 - 35.060 >>AWARD-WINNING HISTORIAN BRADY
02:05 - 36.260 CRANKS OR TAKES YOU ON A
02:05 - 37.930 JOURNEY THROUGH 300 YEARS OF
02:05 - 39.880 CONFLICT IN BATTLEFIELD
02:05 - 41.520 PENNSYLVANIA, A GUIDE TO THE
02:05 - 42.990 KEYSTONE STATE'S MOST SACRED
02:05 - 45.050 GROUND. THE BOOK BASED OFF OF
02:05 - 46.670 PC ENDS ORIGINAL PROGRAM
02:05 - 48.280 BATTLEFIELD, PENNSYLVANIA
02:05 - 50.460 EXPLORES 29 OF THE STATE'S MOST
02:05 - 52.020 SIGNIFICANT BATTLEGROUNDS
02:05 - 53.590 DISCOVER THE HISTORY IN OUR
02:05 - 55.890 BACKYARD ORDER YOUR COPY TODAY
02:05 - 57.110 BY CALLING THE NUMBER ON YOUR
02:05 - 57.760 SCREEN.
02:06 - 05.860 >>IS IN THE MATTER OF READ MORE
02:06 - 07.440 VERSUS SURGE OF THE PARTNERS
02:06 - 10.640 ARE YOU ON BEHALF IS GREGORY
02:06 - 12.430 JACKSON ARE YOU DOING ON BEHALF
02:06 - 15.090 OF HE IS IT'S JUST IN CASE
02:06 - 15.500 HOUSE.
02:06 - 17.550 I
02:06 - 18.810 GET AFTERNOON.
02:06 - 21.800 >>AND OR RECORD ON ENERGY TO
02:06 - 23.420 ARSENAL AND LANDED ON NEWTON
02:06 - 25.950 COUNTY. THEY WERE SOLD ONLY A
02:06 - 27.980 ACTUALLY ALL. THEY STOPPED
02:06 - 30.630 READING THE PROPERTY. UNDER THE
02:06 - 31.870 MUNICIPAL TRASH
02:06 - 34.100 MAN'S LIFE. WHICH PROVIDES
02:06 - 35.760 OPPOSE SHARE REDEMPTION PERIOD
02:06 - 36.810 FOR IT ACTUALLY FEELS.
02:06 - 39.070 BICKERING FIRST AND SECOND
02:06 - 40.170 CLASS COUNTY.
02:06 - 43.310 THE TRIAL COURT DETERMINED THAT
02:06 - 45.510 INSTEAD. THE REAL ESTATE
02:06 - 47.780 ACTION, SHE'LL LAW GOVERN.
02:06 - 49.860 YOU CAN LEAVE
02:06 - 52.620 THAT STATUE AGE OR REDUCTIONS
02:06 - 54.730 ARE MAKING TRIES TO OTHER
02:06 - 55.890 CLASHING OF COUNTY.
02:06 - 58.960 WELL THE CONTENDING THAT THE
02:06 - 00.770 LACK OF A REDUCTION PROVISION
02:07 - 02.470 IN THE REAL ESTATE, ACTUALLY
02:07 - 04.920 THE LAW. MILEAGE EQUAL
02:07 - 07.230 PROTECTION. I'M STRUCK.
02:07 - 11.430 >>THANK YOU MISTER CHIEF
02:07 - 13.410 JUSTICE SUMMIT HE SUPPORTS MY
02:07 - 14.390 NAME IS GREG JACKSON AND
02:07 - 15.740 REPRESENT JUST IN
02:07 - 18.060 JULIE'S HOUSE. LAURISSA
02:07 - 19.800 MY CLIENTS KNOW NAMES SOME
02:07 - 23.230 PROCESS WAS TO STUDENTS.
02:07 - 25.790 CASES LISTED AS WALKER SAYS
02:07 - 27.270 SERIOUSLY ART.
02:07 - 29.580 FIRST OF ALL LET ME
02:07 - 32.050 APOLOGIZE FOR MY OFFICE IS
02:07 - 34.060 LOCATED VERY CLOSELY VERY BUSY
02:07 - 36.900 TRAIN. FLOSSIE EASTBOUND TRAINS
02:07 - 38.200 BLOW THEIR WHISTLE LITERALLY
02:07 - 38.720 OUTSIDE
02:07 - 41.130 OF MIAMI. IT'S IN THE PROCESS
02:07 - 43.400 OF SPEAKING HE GOT ROUNDED OUT
02:07 - 45.270 BY THE SOUND OF THE TRAIN JUST
02:07 - 45.810 LIKE ALL
02:07 - 46.290 OF US.
02:07 - 48.530 >>AND WE NEED TO TAKE A PAUSE
02:07 - 49.750 WILL BEAR WITH IT.
02:07 - 51.050 >>THANK YOU TOUR.
02:07 - 54.510 >>FIRST I WOULD LIKE TO CLARIFY
02:07 - 56.650 ANY ISSUES RAISED MY COLLEAGUE
02:07 - 59.630 IT GRIEF. WE ARE NOT OUR
02:07 - 00.840 DUTY THAT.
02:08 - 01.620 >>THE.
02:08 - 03.450 >>RIGHT TO REDEMPTION IN OF
02:08 - 05.430 ITSELF IS A FUNDAMENTAL RIGHT.
02:08 - 09.490 >>WE ARE WHAT WE ARE ARGUING IS
02:08 - 09.800 THAT.
02:08 - 13.070 >>SACKS THAT THERE IS A STATUTE
02:08 - 15.110 GOVERNING ENTIRE U.S. LATE EACH
02:08 - 16.420 CONTAINS THAT VISION
02:08 - 18.720 AND THEN A STATUTE THAT
02:08 - 19.240 GOVERNS.
02:08 - 21.380 >>ANOTHER PART ONLY SEEING A
02:08 - 23.740 PART OF THE. WELL THAT DOES
02:08 - 25.510 NOT CONTAIN THAT
02:08 - 27.420 EVENTUALLY VISION THAT'S A
02:08 - 29.670 VIOLATION OF MY CLIENTS, THE
02:08 - 31.980 PROTECTION, WE'RE NOT ARGUING
02:08 - 33.240 THAT THE RIGHT ITSELF IS
02:08 - 35.030 FUNDAMENTAL IT'S THE FACT THAT
02:08 - 36.330 SOME PEOPLE HAVE THE
02:08 - 38.240 OPPORTUNITY AND OTHERS DID NOT
02:08 - 39.760 IS A VIOLATION OF EQUAL
02:08 - 40.300 PROTECTION.
02:08 - 44.620 HE WOULD THAT WORK.
02:08 - 47.310 >>EVERYTHING ELSE YOU WANT TO
02:08 - 48.460 SAY BEFORE WE BEGIN
02:08 - 49.040 THE QUESTION.
02:08 - 50.950 >>NOW FOR THAT CLARIFICATION I
02:08 - 51.900 WOULD BE HAPPY TO ANSWER ANY OF
02:08 - 52.720 THE REST.
02:08 - 54.360 >>THANK YOU. MISTER JACKSON,
02:08 - 56.310 YES, AS WE'RE ACTION. WELL
02:08 - 57.470 THANK YOU TO YOU DOES THIS
02:08 - 59.030 COUNCIL. YEAH,
02:08 - 02.510 WORRYINGLY REDEMPTION. ISSUE
02:09 - 04.070 THE SIDE FOR A MOMENT ARE
02:09 - 06.670 THERE OTHER ASPECTS OTHER
02:09 - 08.930 HIGHLIGHTED IN
02:09 - 13.400 THE CASE. IT ALLOW SOME
02:09 - 15.750 RATIONAL BASIS DIFFERENTIATION
02:09 - 17.930 USE SUCH AS THE STAYING IN
02:09 - 22.690 ASPECT OF THE RED SOLE AND THE
02:09 - 24.400 GREATER DEMANDS OF NOTABLES
02:09 - 27.600 NOTICE IN THE RATS ALL THAT
02:09 - 28.160 WOULD GO.
02:09 - 32.820 COMPENSATE FOR THE LACK OF
02:09 - 33.610 ACTION RIGHT HERE.
02:09 - 36.300 >>I DON'T THINK SO YOUR HONOR
02:09 - 37.690 HE HAS THE.
02:09 - 40.220 THE REDEMPTION PROVISION THAT
02:09 - 41.010 EXISTS
02:09 - 45.650 IN THE ALL THAT IS LUSTY LEFT
02:09 - 46.510 IN ITS 3RD.
02:09 - 51.080 >>THE THAT IS YOU EVEN BE ABLE
02:09 - 52.290 TO AVAIL YOURSELF OF THAT
02:09 - 53.800 PROVISION IS CERTAINLY
02:09 - 56.220 A GREATER PROTECTION THAN BEING
02:09 - 57.850 SOLID POSITIONS WITH THE
02:09 - 00.050 NOTICE RECALL. SO I DON'T I
02:10 - 01.240 DON'T THINK THAT THE 2 ARE
02:10 - 03.170 NECESSARILY WILL. THERE
02:10 - 04.600 STATUS.
02:10 - 08.100 >>IF I BRIEF SUPPOSING
02:10 - 10.460 THAT WE APPLY RATIONAL BASIS
02:10 - 11.100 REVIEW.
02:10 - 15.460 >>DOES THAT DIFFERENTIATION IN
02:10 - 17.200 NEW YORK VIEW.
02:10 - 23.120 AMOUNT TO SOMETHING IRRATIONAL
02:10 - 25.310 BY THE GENERAL ASSEMBLY RATHER
02:10 - 25.880 THAN A.
02:10 - 31.820 AN ATTEMPT BY THE LEGISLATURE
02:10 - 33.070 TO ACCOUNT FOR DIFFERENCES
02:10 - 35.230 BETWEEN ORAL AND A LARGE URBAN
02:10 - 35.820 DISTRICTS.
02:10 - 38.060 >>I DON'T YOUR
02:10 - 40.120 HONOR BECAUSE THE PURPOSE OF
02:10 - 42.240 THE TAX SALE IS TO GET THE
02:10 - 43.830 VALUE OF THE TAXES INTO THE
02:10 - 45.020 OFFICE A LOCAL.
02:10 - 49.150 STILL UP. AND THAT GOAL
02:10 - 50.240 IS ACCOMPLISHED
02:10 - 52.070 REGARDLESS OF WHETHER YOU ARE
02:10 - 53.860 PROCEEDING UNDER THE TAX ALONG
02:10 - 56.190 WITH THE NEWS MEDIA TAX SO
02:10 - 58.760 THE MALL PEOPLE ARE GOING TO BE
02:10 - 59.670 GOOD AT THOSE
02:10 - 02.590 TESTS SALES. AND REGARDLESS OF
02:11 - 03.930 WHETHER OR NOT THERE'S THAT
02:11 - 05.240 THEIR REDEMPTION PERIOD.
02:11 - 06.940 THE QUESTION IS HOW LONG DO
02:11 - 07.740 THEY HAVE TO WAIT
02:11 - 10.330 UNTIL THAT IT WILL NOT GET THE
02:11 - 11.780 LAY SHE'S GOING TO BEAR FRUIT.
02:11 - 20.670 I HAVE NO QUESTIONS.
02:11 - 23.450 YES THE SQUARE.
02:11 - 28.150 >>IN RESPONSE TO JUST A SWEAT.
02:11 - 34.010 HIS SUGGESTION, THERE'S A
02:11 - 35.840 RATIONAL BASIS THAT THEY MET
02:11 - 38.280 THE TEST FOR EQUAL PROTECTION.
02:11 - 40.380 I MEAN THESE TAXES IS THERE A
02:11 - 41.220 RATIONAL BASE.
02:11 - 44.380 >>IF ARE YOU NO LONGER
02:11 - 45.370 CAN PENDING.
02:11 - 47.370 >>THAT THIS IS A FUNDAMENTAL
02:11 - 48.610 RIGHT SUBJECT TO STRICT
02:11 - 49.210 SCRUTINY.
02:11 - 51.820 >>HERE I BELIEVE IT IS A
02:11 - 53.140 FUNDAMENTAL RIGHT SUBJECT TO
02:11 - 54.010 STRICT SCRUTINY.
02:11 - 56.160 >>LEAST OF ALL ME BECAUSE OF A
02:11 - 57.010 PROSTITUTION
02:11 - 59.670 WILL PROVIDES THAT WIRE INCEST
02:11 - 01.290 AND PROTECTING PROPERTY AND
02:12 - 02.010 IT'S A SHOE.
02:12 - 05.640 ALSO I HAD AS YOU CAN DO THIS
02:12 - 08.490 AT SCHOOL. THIS IS WHAT RIGHTS.
02:12 - 09.840 I THINK IT WILL THE
02:12 - 12.260 PROPERTY RIGHTS ENJOY THE SAME
02:12 - 14.430 STATUS, HIS REPUTATION WHICH
02:12 - 15.430 HAS BEEN FOUND TO BE A
02:12 - 16.260 FUNDAMENTAL RIGHT.
02:12 - 20.210 >>THIS ISN'T JUST A
02:12 - 22.880 QUICK FOLLOW-UP. GOVERNMENT CAN
02:12 - 24.370 TAX YOUR REAL PROPERTY
02:12 - 26.170 GOVERNMENT IN SONIA REAL
02:12 - 26.970 PROPERTY.
02:12 - 30.640 >>IF YOU DON'T PAY YOUR TAXES.
02:12 - 33.740 CHAPMAN CAN FACILITATE THE
02:12 - 35.170 TAKING OF YOUR PROPERTY.
02:12 - 38.810 >>TO TO TO TO TO GET BACK
02:12 - 41.130 TO TEXAS. SO THIS IS REALLY
02:12 - 43.320 ABOUT THE PROPERTY ITSELF.
02:12 - 45.440 IT'S ABOUT A DIMINISHMENT OF
02:12 - 47.780 RIGHTS AQUINAS CONDUCT BY THE
02:12 - 48.180 SAYS.
02:12 - 50.640 >>WHAT
02:12 - 52.370 WHAT WE ARE ARGUING IS THAT THE
02:12 - 54.290 FACT THAT ONE GROUP OF CITIZENS
02:12 - 56.230 HAVE THE ABILITY TO PROTECT ITS
02:12 - 58.160 WELL ANOTHER CITIZENS WHO ARE
02:12 - 00.210 IN TIME AND IDENTICAL SITUATION
02:13 - 02.470 THEY HAVE THEIR TAXES. THEY
02:13 - 04.570 DON'T HAVE THAT SAME ROUTE AND
02:13 - 06.070 SO IT'S JUST THAT
02:13 - 07.800 THERE IS A DIFFERENTIATION MADE
02:13 - 09.470 BETWEEN WHERE SOMEONE LIVES IN
02:13 - 10.300 THE OPEN GOLF
02:13 - 11.820 AS TO WHETHER OR NOT THEY HAVE
02:13 - 13.390 THE ABILITY TO EXERCISE
02:13 - 16.150 PROTECTIONS FOR THEIR PROBLEM.
02:13 - 17.910 >>ALL RIGHT KAI
02:13 - 19.940 THANK YOU, I GOT IT.
02:13 - 22.120 >>THANK YOU JUSTICE DONE HERE.
02:13 - 25.010 >>COUNCIL TO DECLARE BUY
02:13 - 26.980 SOMETHING FOR ME PLEASE ON.
02:13 - 28.560 >>AND YEAH.
02:13 - 31.680 >>KEY DEW THE COUNTY SAID ALAN
02:13 - 33.320 GET ANY IN PHILADELPHIA.
02:13 - 34.420 >>HAVE
02:13 - 37.710 THE OPTION. I'VE USING I VERY
02:13 - 38.610 BEING YES BILL
02:13 - 42.880 CLAIMS ACT OR REAL ESTATE SALES
02:13 - 45.330 TAX LIKE THAT. IS AT
02:13 - 45.890 PLAY HERE.
02:13 - 46.860 GERMANY.
02:13 - 50.030 >>HERE THAT YET THE TAX LEVY
02:13 - 51.290 LAW WHICH
02:13 - 54.450 SO TOO BY THE U N C
02:13 - 57.180 T L WHICH ONLY
02:13 - 00.300 APPLIES IN WE USE THOSE WHO
02:14 - 01.720 STILL HAVE THE OPPORTUNITY TO
02:14 - 02.720 OPTION ACT.
02:14 - 06.850 OTHER COUNTIES WHICH THAT
02:14 - 09.940 AND CTL FLIES.
02:14 - 13.530 ALL OF THAT RAIN THIS YEAR.
02:14 - 18.330 THE COUNTIES WHERE THAT APPLIES
02:14 - 20.650 MAY ALSO OPT IN TO EASE THE
02:14 - 22.630 OTHER TAX SALE LAW.
02:14 - 28.240 >>SO THE LEGISLATURE REALLY HAD
02:14 - 29.340 NOT A A
02:14 - 32.230 CHOICE TO DISTINGUISH
02:14 - 34.220 BETWEEN 2 DIFFERENT CLASSES IN
02:14 - 37.390 COUNTY IN ACTUALITY. SINCE
02:14 - 37.750 THE OTHER
02:14 - 40.980 65 COUNTIES AND BASED UPON
02:14 - 42.900 THEIR OWN LOCAL DECISION-MAKING
02:14 - 44.840 DECIDE TO PROVIDE A BREAK FOR
02:14 - 45.380 REDEMPTION.
02:14 - 47.930 >>I TOLD YOU I DID NOT HEAR
02:14 - 48.560 YOUR QUESTION.
02:14 - 52.950 >>I THE LEGISLATURE
02:14 - 55.070 THAN REALLY DIDN'T MAKE A HARD
02:14 - 56.900 AND FAST FOR A STEP THE OTHER
02:14 - 59.270 60 BY CAMPESE CAN'T NOT
02:14 - 01.150 PROVIDING RIGHT AT THE GET SOME
02:15 - 01.500 SUN.
02:15 - 03.930 >>NO YOUR HONOR THAT THOUGH THE
02:15 - 05.580 OTHER COUNTIES HAVE THE OPTION
02:15 - 05.760 OF
02:15 - 08.180 U C THE STATUTE THAT INCLUDES
02:15 - 09.640 THE RIGHT TO USE. YES.
02:15 - 16.400 >>YEAH, I'M INADVERTENTLY
02:15 - 18.040 PASSED OVER GUESTS TO STOP.
02:15 - 20.820 >>THAT'S QUITE ALL RIGHT.
02:15 - 21.650 THANK YOU CHIEF.
02:15 - 26.510 DON'T
02:15 - 28.440 NOT REALLY YOU MISS
02:15 - 31.590 TRUSS ROOF. TEST AND RATHER FLY
02:15 - 33.250 THE RATIONAL BASIS TEST.
02:15 - 35.540 IF YOU WANT TO DRESS THE
02:15 - 38.250 RECENT IS A LOGICAL REASON
02:15 - 40.930 FRENCHY NATION LOWER. WE'RE
02:15 - 43.710 EXCITED TOO. AS WHY THERE WAS A
02:15 - 44.970 RUSSIAN ACES.
02:15 - 47.180 SANCTION.
02:15 - 48.270 >>WELL.
02:15 - 51.020 >>THE 2 LOWER COURTS. THE TOP
02:15 - 52.270 WORD AND THEN OH WELL.
02:15 - 54.400 >>UP WITH DIFFERENT RESCUE
02:15 - 56.760 ORGANIZATIONS AND THEY THEY
02:15 - 59.140 BASICALLY I DEALT WITH THE IDEA
02:15 - 01.480 THAT IT'S OK THAT THE POPULATED
02:16 - 03.940 PLACE IS THE DETERMINING FACTOR
02:16 - 07.200 WHETHER OR NOT WRITERS READ NC
02:16 - 07.690 O'CLOCK.
02:16 - 11.540 >>WELL, YES,
02:16 - 13.490 BUT THEN WENT FURTHER AND
02:16 - 16.090 IDENTIFIED SPECIFICS A CHANCE
02:16 - 17.900 INTENTIONAL REASONS FOR
02:16 - 19.220 DIFFERENTIATION.
02:16 - 22.810 >>INCLUDED BE. HE'S SO CHEATING
02:16 - 25.060 ATTACKS A LITTLE MORE POPULOUS
02:16 - 28.530 COUNTY. AND ADDITIONAL.
02:16 - 31.640 EXPLANATIONS ON THE
02:16 - 34.860 LEGISLATURE. JENSEN TO MAKE
02:16 - 35.470 THIS DIFFERENT.
02:16 - 37.330 ARE YOU JUST
02:16 - 38.640 DISREGARDING THOSE.
02:16 - 41.270 >>IT'S YOUR EYES IN A MATTER OF
02:16 - 42.400 DISREGARDING I WOULD I
02:16 - 44.430 WOULD DISAGREE THAT THE
02:16 - 46.250 POPULATION OF THE LOW 60'S
02:16 - 48.270 SHOULD DETERMINE WHETHER OR NOT
02:16 - 49.310 WE BELIEVE THAT
02:16 - 50.720 THE PROPERTY. THE FACT THAT
02:16 - 52.480 MORE BIDDERS MAY SHOW UP IN
02:16 - 54.650 PHILADELPHIA. AND SO THEREFORE
02:16 - 55.840 THE PEOPLE WHO SOUGHT OUT THE
02:16 - 57.970 ISSUE NOW GREATER ACTION TO
02:16 - 01.080 PROTECT PROPERTY. THAT
02:17 - 04.070 THAT DOESN'T MAKES SENSE TO ME
02:17 - 05.040 IT REALLY DOESN'T MATTER
02:17 - 06.410 WHETHER THEY'RE 10 PEOPLE THE
02:17 - 08.560 SALE OF 3 PEOPLE IN SALE IF THE
02:17 - 10.460 PROPERTY IS SO THE PERSON THAT
02:17 - 12.620 OWNS THE PROPERTY CRIME.
02:17 - 14.170 THEY'RE NOT REALLY CONCERNED AS
02:17 - 15.390 TO HOW MANY PEOPLE SHOWED UP AT
02:17 - 15.860 THE OFFICE.
02:17 - 20.440 >>THANK YOU
02:17 - 23.650 JUSTICE DAUGHERTY'S SHARK YOU
02:17 - 25.730 FIND THAT CLASSIFICATION BASED
02:17 - 27.970 UPON POPULATION A LEGITIMATE
02:17 - 29.480 DISTINCTION FOR PROPERTY
02:17 - 29.950 OWNERSHIP.
02:17 - 32.650 >>NOT FOR PROPERTY OWNERSHIP,
02:17 - 34.300 YOUR HONOR BECAUSE IT BECAUSE
02:17 - 35.670 REGARDLESS OF WHERE YOU LIVE
02:17 - 35.860 YOU
02:17 - 38.080 OWN PROPERTY AND THE ONE CAN
02:17 - 40.970 OWN PROPERTY LOCATION OR THE
02:17 - 42.930 PROPERTY IN A RURAL LOCATION.
02:17 - 44.000 AND YOU HAVE
02:17 - 46.600 TO SAY ATTACHMENT AND ENJOYMENT
02:17 - 48.200 OF THE REAL PROPERTY REGARDLESS
02:17 - 50.360 OF THE POPULATION THAT YOU OWN
02:17 - 50.560 IT.
02:17 - 55.570 >>I HAVE NOTHING FURTHER.
02:17 - 57.860 AND MISTER
02:17 - 00.390 WHERE YOU'RE LIKE
02:18 - 04.980 A A ARE YOU. SUMMARIZING
02:18 - 06.130 CONCLUDES YOUR REGULAR.
02:18 - 08.750 >>NOW AS WE SET FORTH
02:18 - 10.970 EVERY OUR POSITION IS THAT
02:18 - 12.740 WHERE SOMEONE LIVES IN THE
02:18 - 14.560 OFFENSE YOU SHOULD DICTATE
02:18 - 15.710 WHETHER OR NOT THEY HAVE THE
02:18 - 17.620 ABILITY TO PROTECT THEIR
02:18 - 19.570 PROPERTY AND THE
02:18 - 25.780 ACTOR LEAST SMYTH THE SITUATION
02:18 - 27.350 IN THAT MY CLIENTS
02:18 - 28.340 LIVES IN
02:18 - 29.910 AND JAMES STREETS AND COMING
02:18 - 33.600 BEEN SOLD OUT THE OPPORTUNITY
02:18 - 35.560 TO SAVE THEIR PROPERTY AFTER
02:18 - 37.400 THE SALE. THE FACT THAT THEY
02:18 - 39.700 LIVE IN A WORLD LOCATION SHOULD
02:18 - 41.560 BE THE SEAT THAT OPPORTUNITIES.
02:18 - 44.450 >>THANK YOU AND YOU ARE.
02:18 - 46.680 MR. HAUSER.
02:18 - 50.050 >>THANK YOU MISTER CHIEF
02:18 - 51.310 JUSTICE AND MAY IT PLEASE
02:18 - 54.500 THE COURT. I THINK THE COURT
02:18 - 56.340 HAS QUESTIONS HAS ENCAPSULATED
02:18 - 58.480 MUCH OF THE BASIS
02:18 - 00.580 FOR AROUND KELLY'S POSITION IN
02:19 - 01.330 THIS MATTER.
02:19 - 04.060 I WOULD JUST BEFORE
02:19 - 06.510 A QUESTIONS. INDICATING
02:19 - 08.830 THIS THIS ISSUE HAS BEEN
02:19 - 10.680 CONSIDERED A LEAST IN SOME FORM
02:19 - 13.600 THIS BY THIS ABOUT
02:19 - 16.230 60 YEARS AGO. AND THE LIKE THE
02:19 - 18.980 HISTORY WAS OUTLINED IN THAT IN
02:19 - 20.320 THAT IN THOSE DECISIONS
02:19 - 22.310 I THINK
02:19 - 23.770 MISTER JACKSON'S INDICATION
02:19 - 25.340 THAT THE RIGHT TO REDEEM IS NOT
02:19 - 26.450 A FUNDAMENTAL RIGHT.
02:19 - 28.480 THAT WOULD BE OUR POSITION AS
02:19 - 32.100 YEAR HONORS. AS IT IS NOT A
02:19 - 34.070 FUNDAMENTAL RIGHT. I DON'T
02:19 - 35.750 THINK THAT IS NECESSARY TO
02:19 - 37.120 REACH THE QUESTION OF WHETHER
02:19 - 39.150 THE RIGHT TO OBTAIN ALL RIGHT.
02:19 - 41.480 RETAIN PROPERTY IS NECESSARILY
02:19 - 42.460 A FUNDAMENTAL RIGHT IN THE
02:19 - 44.810 CONTEXT OF THIS CASE. THE RIGHT
02:19 - 44.950 TO
02:19 - 48.140 SOMETHING THAT IS A STATUTORY
02:19 - 49.860 RIGHT IF IT'S IN VALUE WEIGHTED
02:19 - 51.140 BALL, CONSTITUTIONALLY I
02:19 - 53.460 BELIEVE RATIONAL BASIS ANALYSIS
02:19 - 55.470 IS THE APPROPRIATE WAY TO
02:19 - 58.280 DO THAT. THERE IS A RATIONAL
02:19 - 00.010 BASIS FOR THIS WHETHER IT BE
02:20 - 02.050 THE POPULATION DISTINCTION THAT
02:20 - 03.280 WAS OUTLINED BELOW
02:20 - 05.610 OR THE AS OUTLINED IN OUR
02:20 - 07.190 RECENT THERE IS AN EQUAL BE
02:20 - 08.690 THE 2 PROCEDURES OF THE 2
02:20 - 10.460 STATUES ARE ROUGHLY EQUIVALENT,
02:20 - 11.770 ALTHOUGH THE ONE DOES NOT
02:20 - 13.660 CONTAIN A RIGHT OF REDEMPTION.
02:20 - 16.120 CONTAINS MUCH MORE FROM AND.
02:20 - 18.310 NOTICE REQUIREMENTS AND THE
02:20 - 20.160 OPTION TO PAY IN INSTALLMENTS
02:20 - 22.750 WHICH WOULD GIVE A GREATER
02:20 - 24.070 OPPORTUNITY BECAUSE IT GIVES
02:20 - 25.490 THE OPPORTUNITY TO PAY THAT
02:20 - 26.710 AMOUNT OVER THE COURSE OF
02:20 - 29.370 A YEAR RATHER I BELIEVE THE 9
02:20 - 31.100 MONTHS WHICH RIGHT OF
02:20 - 33.800 REDEMPTION IN B AND C T LA
02:20 - 36.250 WHAT HAPPENED THIS
02:20 - 37.880 TIME AND THAT'S RELATIVELY
02:20 - 39.740 RECENT THAT ABOUT PERIOD OF THE
02:20 - 40.530 RIGHT TO READ AND SHE
02:20 - 43.120 HAS MOVED. BACK AND FORTH OVER
02:20 - 44.690 AND OVER TIME IS TO THE EXTENT
02:20 - 46.260 OF THE WHO'S IN TIME TO TAKE
02:20 - 46.780 ADVANTAGE
02:20 - 48.460 OF IT. AT ONE TIME IT ALSO
02:20 - 50.550 EXTENDED TO JUDGMENT CREDITORS
02:20 - 52.420 AND THEY'RE A SIAMESE AS WELL
02:20 - 53.520 AND SO YOU'RE ON IT.
02:20 - 54.960 WE BELIEVE THAT THERE IS A
02:20 - 56.610 RATIONAL BASIS FOR THE REASONS
02:20 - 58.080 ARE CALCULATED BELOW THE
02:20 - 00.190 REASONS ARTICULATED IN FAIRNESS
02:21 - 00.380 THE IN
02:21 - 03.670 DIFFERENT COUNTIES, DIFFERENT
02:21 - 05.260 POPULATIONS OF EASE OF
02:21 - 06.740 OBTAINING TAX TITLES AND
02:21 - 08.640 DIFFERENT REGIONS WRITING THAT
02:21 - 10.950 OPPORTUNITY. AND AT THE SAME
02:21 - 12.860 TIME ENSURE THAT THERE IS AN
02:21 - 14.510 AMPLE OPPORTUNITY HER NAME IS
02:21 - 15.910 AN AMPLE OPPORTUNITY FOR THE
02:21 - 17.270 TAX THERE TO PROTECT
02:21 - 19.070 HIS OR HER PROPERTY WHETHER IT
02:21 - 20.750 BE BY INSTALLMENT PAYMENTS
02:21 - 22.520 ON THE FRONT END OR RIGHT TO
02:21 - 23.750 REDEEM ON THE BACK AND HE
02:21 - 24.740 BELIEVES THAT ANY
02:21 - 26.740 EQUAL PROTECTION. TESTED IN
02:21 - 28.020 COURT WOULD WISH TO APPLY WOULD
02:21 - 29.120 BE THE SIZE.
02:21 - 33.950 >>JUSTICE WILL ACT. THANK YOU
02:21 - 35.540 CHIEF JUSTICE. GOOD AFTERNOON
02:21 - 36.090 COUNCIL.
02:21 - 39.410 LATELY HAD SOME OPPORTUNITIES
02:21 - 40.870 TO WRITE ABOUT.
02:21 - 43.290 ABOUT
02:21 - 46.500 RIGHT OF ENJOYING IN DEFENDING
02:21 - 48.100 OR OF ACQUIRING POSSESSING AND
02:21 - 49.350 PROTECTING REPUTATION.
02:21 - 52.660 >>ALL OF THIS CASE ARE.
02:21 - 57.010 >>IN EURO ADVERSARIES VIEW
02:21 - 58.010 IMPLICATES
02:21 - 00.950 >>ACQUIRING POSSESSING AND
02:22 - 02.480 PROTECTING PROPERTY ASPECT.
02:22 - 05.420 THE MAYOR TO RECENTLY SO I
02:22 - 06.960 GUESS MY QUESTION NEWS THIS
02:22 - 08.540 HOUR WITH REGARD TO THE LEVEL
02:22 - 08.610 OF
02:22 - 11.540 SCRUTINY HERE. IF I'M IN THIS
02:22 - 13.020 PARTICULAR CONTEXT.
02:22 - 17.890 PROPERTY IS NOT TO BE VIEWED
02:22 - 19.170 THROUGH THE FUNDAMENTAL RIGHT.
02:22 - 20.580 LANDS
02:22 - 22.990 ARE THERE ANY OTHER CONTEXT IN
02:22 - 25.470 WHICH THIS PROPERTY RIGHT IN
02:22 - 26.920 OUR DECLARATION OF RIGHTS
02:22 - 29.740 IS TO BE MEASURED UNDER A
02:22 - 31.340 FUNDAMENTAL RIGHTS LEVEL
02:22 - 31.950 OF SCRUTINY.
02:22 - 34.250 >>WELL HER OWNER DOESN'T APPEAR
02:22 - 36.560 TO ME THAT THERE THERE HAS
02:22 - 40.460 BEEN ONE TODAY AND IN LIFE AND
02:22 - 41.580 IN THAT REGARD.
02:22 - 43.560 WE LOOK AT PROBABLY THE
02:22 - 47.650 MOST DEPRIVATION OF OF OF
02:22 - 48.810 PROPERTY THAT OF EMINENT
02:22 - 51.150 DOMAIN. UNDER THE FEDERAL
02:22 - 52.600 CONSTITUTION AS WELL AS THIS
02:22 - 53.690 CONSTITUTION.
02:22 - 56.440 OBVIOUSLY THE FEDERAL COURTS
02:22 - 58.820 HAVE REPEATEDLY IN THE U.S.
02:22 - 00.440 SUPREME COURT HAS SENATOR RIGHT
02:23 - 01.120 TO PROPERTY IS
02:23 - 02.960 NOT FUNDAMENTAL. THERE'S SUCH
02:23 - 04.760 AN EMINENT DOMAIN EXERCISE DOES
02:23 - 05.190 NOT BEAR
02:23 - 07.660 STRICT SCRUTINY. IN FACT AS I
02:23 - 08.980 THINK THIS COURT IS WELL AWARE
02:23 - 10.780 WHAT HAPPENED IN THE HILO CASE
02:23 - 12.360 ABOUT A DECADE AGO AND
02:23 - 13.620 PENNSYLVANIA'S RESPONSE
02:23 - 16.180 TO THAT. I THINK THAT IT'S BEEN
02:23 - 17.650 THE EVERY
02:23 - 21.190 I GUESS TO TAKE IT TO ITS LIMIT
02:23 - 23.140 TO SEE WHETHER. THERE'S A
02:23 - 24.200 FUNDAMENTAL RIGHT IF THERE'S
02:23 - 26.500 NOT ONE IN THAT PARTICULAR CASE
02:23 - 27.520 I DON'T KNOW THAT THERE
02:23 - 28.980 IS A A
02:23 - 32.010 RESPONSIBILITY BE A PART OF THE
02:23 - 33.970 PUBLIC COURTS TO SAFEGUARD IN
02:23 - 35.300 IT WITH A STRICT SCRUTINY
02:23 - 37.750 ANALYSIS, HOWEVER I DOES FALL
02:23 - 39.530 UPON THE LEGISLATURE AS IT HAS
02:23 - 40.880 IN THE FIRST, YOU KNOW CASE TO
02:23 - 43.660 ENSURE. THAT THEIR RIGHTS ARE
02:23 - 44.890 EQUALLY PROTECTED UNDER
02:23 - 46.470 RATIONAL BASIS STANDARD WHICH
02:23 - 48.610 I THINK LEGISLATURE MADE A
02:23 - 50.340 DECISION TO LIMIT THE UH PLAY
02:23 - 51.870 FOOTBALL. YOU THAT HE LO CASE
02:23 - 54.810 IN PENNSYLVANIA. AND IN THIS
02:23 - 56.060 PARTICULAR CASE OF THE
02:23 - 58.300 LEGISLATURE HAS PROVIDED EQUAL
02:23 - 58.840 AND FORMS
02:23 - 00.190 OF PROTECTION. ONE OF THE
02:24 - 01.460 FOREFRONT OF NOTICE AND THE
02:24 - 02.850 OTHER IN THE FORM OF AND BACK
02:24 - 04.210 IN THE U.S. OR PERHAPS YOU'RE
02:24 - 06.390 100 LONG LAWYERS OF ANSWERING
02:24 - 07.350 THE FACT THAT I
02:24 - 10.980 DO NOT NO THE AREA WHERE A OR
02:24 - 12.280 EXCUSE ME RESTRICTS HER TO
02:24 - 12.980 WOULD BE APPLIED TO
02:24 - 15.510 PROPERTY RIGHTS. GIVING GIVEN
02:24 - 16.530 THE HISTORY OF THE DEVELOPMENT
02:24 - 17.820 OF THAT AREA OF THE LAW.
02:24 - 19.390 >>INTERESTING INTERESTING.
02:24 - 22.670 THANK YOU COUNCIL. JUST
02:24 - 25.630 THIS MONDAY. QUESTIONS
02:24 - 27.100 THANK YOU. THANK YOU
02:24 - 29.040 JUST DESPAIR. I HAVE NO
02:24 - 30.390 QUESTIONS CHIEF THANK YOU.
02:24 - 31.910 STRIDES.
02:24 - 34.380 >>QUESTIONS IT ALL.
02:24 - 36.580 >>I DO CHEAT IF I MAY.
02:24 - 42.440 MY QUESTION COUNCIL SO IS IT
02:24 - 44.650 YOUR POSITION. IF YOU BELIEVE
02:24 - 45.840 CLASSIFICATION BASED
02:24 - 48.540 UPON POPULATION. IT IS THE
02:24 - 50.010 RATIONAL RELATIONSHIP TO THE
02:24 - 51.600 DISPATCHER THAT HE'S NOT US.
02:24 - 53.410 >>WELL YOU'RE ON OR IS IT IS
02:24 - 56.770 RATIONAL RELATIONSHIP THAT HAS
02:24 - 58.800 BEEN ARTICULATED BEFORE AND
02:24 - 00.240 COULD BE ARTICULATED I
02:25 - 02.140 AS I KNOW THAT THE COURT IS
02:25 - 04.520 FOR RATIONAL BASIS TEST.
02:25 - 05.900 IT'S NOT NECESSARILY BE
02:25 - 06.520 NECESSARY
02:25 - 09.250 TO SAY THE LEGISLATURE HAD
02:25 - 11.520 PARTICULAR BASES IN MIND ARE
02:25 - 12.950 ARTICULATED THIS PARTICULAR
02:25 - 14.900 BASIS FOR A RATIONAL BASIS
02:25 - 17.470 REVIEW STAND IS ONLY NECESSARY
02:25 - 19.000 TO SAY THAT THIS THIS IS A
02:25 - 20.600 RATIONAL BASIS UPON WHICH THE
02:25 - 21.370 LATEST
02:25 - 25.320 ON HAVE. AGES SUBMITTED
02:25 - 28.190 STATION POPULATION IS IS ONE
02:25 - 30.190 POTENTIAL BASIS. I THINK THAT
02:25 - 33.730 HE TYPE OF IN THE
02:25 - 35.550 DIFFERENT COUNTIES AS FAR AS
02:25 - 37.680 THE EVERY SIZE OF THE LAND
02:25 - 39.130 COULD BE ANOTHER. I DON'T
02:25 - 40.350 THINK WE'VE ARGUED THAT, BUT I
02:25 - 41.560 THINK THAT THERE ARE THERE ARE
02:25 - 43.070 BASES TO DISTINGUISH BETWEEN
02:25 - 44.280 THE PLASTIC NATIONS OF
02:25 - 45.900 COUNTIES. AS WE
02:25 - 48.680 ARGUED BELOW PERMIT THAT THAT
02:25 - 49.740 SORT OF DISTINCTION TO
02:25 - 52.470 BE MADE. AND AS WELL YOUR HONOR
02:25 - 54.450 I THINK THAT THE COURT COULD
02:25 - 56.050 HAVE DECIDED SIMPLY TO CREATE
02:25 - 57.370 OR EXCUSE ME THE LEGISLATURE
02:25 - 58.580 COULD HAVE DECIDED SIMPLY
02:25 - 01.380 TO CREATE EQUAL
02:26 - 03.860 MEANS OF A ALLOWING FOR
02:26 - 05.580 PROPERTY TAX SALES
02:26 - 08.500 TOOK HER. PROVIDED IN SOME
02:26 - 10.480 CIRCUMSTANCES THEY DECIDED THAT
02:26 - 13.250 IF A COUNTY OPTED INTO ONE THAT
02:26 - 14.720 PUT MORE NOTICE IN THE FRONT
02:26 - 16.640 ALLOWING THE STUDY AT THE END
02:26 - 18.580 TO BE TRANSFERRED MORE QUICKLY.
02:26 - 21.060 COUNTY AND ITS DECISION-MAKING
02:26 - 22.900 COULD AN OFFER THAT BASED ON
02:26 - 23.080 HIS
02:26 - 25.080 LOCAL CIRCUMSTANCES OVER ON THE
02:26 - 27.590 OTHER HAND ONE ENABLE THE SALE
02:26 - 28.960 TO HAPPEN MORE QUICKLY AFTER
02:26 - 31.090 THE TAXES WERE DUE. BUT
02:26 - 31.630 HELD UP.
02:26 - 34.560 THE U D E HIRING OUT IF YOU
02:26 - 35.880 WOULD HAVE TITLE TO THAT UNTIL
02:26 - 35.960 THE
02:26 - 37.990 BACK END MIGHT APPEAL TO OTHER
02:26 - 39.580 COUNTIES BASED UPON THE NATURES
02:26 - 40.560 OF THE PROPERTIES
02:26 - 42.730 AND THE APPETITE FOR SALES AND
02:26 - 43.810 IN THOSE COUNTIES.
02:26 - 47.570 YES, JOHNNY YEAR.
02:26 - 50.590 >>I COUNSEL I GETTING BACK TO
02:26 - 51.900 THE NATURE OF THE RIGHT ID
02:26 - 53.350 ISSUE LIFE THAT YOU'RE
02:26 - 54.710 DISCUSSING WITH JUSTICE
02:26 - 57.570 I MEAN YOUR REFERENCE TO THIS
02:26 - 59.610 FEDERAL COURT DECISION I IN
02:26 - 01.660 THIS AREA ARE INTERESTING BUT
02:27 - 02.750 WE'RE TALKING ABOUT THE
02:27 - 04.830 PENNSYLVANIA CONSTITUTION THAT
02:27 - 07.630 RESERVES RIGHTS TO THE CITIZENS
02:27 - 09.610 OF THE COMMONWEALTH, SO WE'RE
02:27 - 11.210 ON A DIFFERENT FOOTING.
02:27 - 13.970 AND IN THAT
02:27 - 17.250 REGARD. I IT COULD BE COULD BE
02:27 - 20.470 YOUR I COULD COULD BE.
02:27 - 22.450 SCHEME
02:27 - 24.070 THAT WE HAVE AN ISSUE HERE WITH
02:27 - 25.790 CERTAIN COUNTIES BE HAVING THE
02:27 - 27.870 RIGHT TO REDEEM EITHER CITIZENS
02:27 - 28.810 AND OTHERS NOT.
02:27 - 31.490 IF WE DECIDED THAT THIS WAS AN
02:27 - 34.380 IMPORTANT BUT NOT A FUNDAMENTAL
02:27 - 34.690 RIGHT.
02:27 - 37.130 THIS
02:27 - 39.880 SCHEME SURVIVE. I'M THE
02:27 - 41.760 SCRUTINY ATTENDANT TO
02:27 - 44.480 THAT INTERMEDIATE WELL WHICH IS
02:27 - 46.520 A SUBSTANTIAL RELATIONSHIP TO
02:27 - 47.550 AN IMPORTANT GOVERNMENT
02:27 - 48.050 INTEREST.
02:27 - 50.350 >>YES, YOUR HONOR I I BELIEVE
02:27 - 52.310 THAT IT COULD WAS MY
02:27 - 54.120 UNDERSTANDING THAT THE DEAL WAS
02:27 - 56.070 BASED ON ON BOTH CONSTITUTION
02:27 - 57.280 WHICH IS WHY I ARGUE THAT, BUT
02:27 - 58.600 I'M HAPPY TO DISCUSS THE
02:27 - 00.230 PENNSYLVANIA CONSTITUTION AND
02:28 - 01.860 ITS RELATIONSHIP TO THIS
02:28 - 03.900 DEPENDING ON HOW THE COURT
02:28 - 05.610 CATEGORIZE IT I WOULD
02:28 - 08.710 IT'S OUR POSITION THAT EVEN IF
02:28 - 10.190 THE COURT DETERMINES THE RIGHT
02:28 - 11.330 OF THE PROPERTY RIGHT
02:28 - 15.200 IS RESERVED. IS AN RIGHT ON THE
02:28 - 16.890 PENNSYLVANIA CONSTITUTION OF
02:28 - 18.020 THE RIGHT OF REDEMPTION.
02:28 - 19.880 THE EQUITY OF REDEMPTION IS NOT
02:28 - 21.600 NECESSARILY BOUND UP IN THAT
02:28 - 22.830 AND WE COULD ARGUE THAT HAS
02:28 - 26.000 STATUTORILY CREATED. OPTION IS
02:28 - 28.290 NOT BOUND UP IN THE RIGHT OF
02:28 - 29.490 PROPERTY THAT'S MENTIONED IN
02:28 - 31.370 THE CONSTITUTION. IF THE COURT
02:28 - 32.880 WERE TO FIND THAT IT WERE.
02:28 - 34.300 WE BELIEVE
02:28 - 38.170 AND THE HISTORY PROPERTY ALL IN
02:28 - 39.270 PENNSYLVANIA PROPERTY,
02:28 - 40.820 TAXATION, PENNSYLVANIA THE
02:28 - 42.080 TAXES OF THE LIFEBLOOD
02:28 - 44.820 OF GOVERNMENT THERE IS AN
02:28 - 46.670 IMPORTANT GOVERNMENT INTEREST
02:28 - 48.210 HERE THAT THE STATE OF
02:28 - 49.590 THE COLLECTION OF TAXES AND THE
02:28 - 50.920 RETURN OF PROPERTY TO THE
02:28 - 53.660 TAX LOOPHOLES. AND THE FACT
02:28 - 57.150 THE NSA'S NECESSITY TO ENSURE A
02:28 - 58.630 PLAYER AND EFFICIENT TRANSFER
02:28 - 00.330 OF TITLE. HE ACHIEVED THAT
02:29 - 01.970 PURPOSE. THERE IS
02:29 - 04.370 THERE IS A SUBSTANTIAL
02:29 - 05.940 RELATIONSHIP THERE REGARDLESS
02:29 - 06.770 OF WHETHER ONE
02:29 - 08.910 SAYS STATUTES HAS THE RIGHT OF
02:29 - 12.150 REDEMPTION AND A VERY ROBUST
02:29 - 13.860 NOTICE REQUIREMENT, NOT ONLY IN
02:29 - 15.800 TERMS OF PERSONAL SERVICE IN
02:29 - 16.270 TERMS
02:29 - 21.660 THE RIGHT TO OR TO TAKE
02:29 - 23.160 EXCEPTION TO A TAX SALE
02:29 - 24.820 ON THE BASIS OF NOTICE WAS NOT
02:29 - 26.600 PROPERLY PROVIDED THE EXPANDED
02:29 - 29.490 PUBLICATION NOTICE AND THE AND
02:29 - 29.830 THE
02:29 - 32.370 INFAMOUS IN NA AX LOT SET SAIL
02:29 - 34.170 ALL JURORS PRUDENCE A SECTION 6
02:29 - 35.060 OF 7 A
02:29 - 37.810 IN WRESTLE SHOW REQUIRES
02:29 - 38.800 EXTENSIVE EFFORTS
02:29 - 43.030 TO IDENTIFY. AND OWNER OF WHICH
02:29 - 44.860 GO FAR BEYOND THOSE REQUIRED IN
02:29 - 47.000 THE OTHER STATUTE. I THINK THAT
02:29 - 48.670 WHETHER WE SEE THAT I FIND MY
02:29 - 49.570 IT.
02:29 - 51.650 >>IF I MIGHT JUST ASK YOU
02:29 - 54.420 ONE FOLLOW-UP WHERE I STAND
02:29 - 55.830 BECAUSE I KNOW MY TIME IS
02:29 - 56.320 LIMITED.
02:29 - 00.930 DO YOU HAVE A POSITION ON
02:30 - 02.200 WHETHER OR NOT
02:30 - 03.890 THE RIGHT
02:30 - 08.440 TO RECLAIM PROPERTY AFTER
02:30 - 10.980 YOU'RE RIGHT PROP. PRETTY RIGHT
02:30 - 12.290 HAS BEEN FORFEITED.
02:30 - 14.670 HAS ANY PROTECTION UNDER
02:30 - 15.250 ARTICLE ONE
02:30 - 17.620 SECTION ONE. YOU'RE ALREADY GOT
02:30 - 20.040 TAXPAYER WHO OWN PROPERTY WORK.
02:30 - 23.000 ITS OWNERSHIP. IT
02:30 - 24.630 IS THAT A RIGHT THAT IS
02:30 - 26.800 PROTECTED OR DOES IS TRULY FALL
02:30 - 28.420 INTO THE CATEGORY.
02:30 - 32.260 A RIGHT THAT HIGH. I NEITHER
02:30 - 34.150 OFTEN MENTAL UP OR
02:30 - 34.980 I IMPORTANT.
02:30 - 39.180 >>YOUR WE OBVIOUSLY AS MUCH AS
02:30 - 40.100 WE LIKE TO ARGUE IN THE
02:30 - 41.980 ALTERNATIVE THAT WOULD BE OR
02:30 - 43.150 OUR UNDERSTANDING OF THE
02:30 - 45.170 STATUTE THAT THE RIGHT TO TO
02:30 - 46.790 READ THE MORE RECLAIM PROPERTY
02:30 - 47.520 AFTER IT HAS
02:30 - 49.450 BEEN SOLVED, IS IS NOT A
02:30 - 51.180 RIGHT TO HIS CAUCUS OF ALL OF
02:30 - 52.870 THE STATUTORY CREATED RIGHT HE
02:30 - 53.830 COULD BE REMOVED BY THE
02:30 - 55.610 LEGISLATURE AT ANY GIVEN TIME.
02:30 - 58.360 THAT USER THAT IS MORE CENTRAL
02:30 - 58.870 POSITION.
02:30 - 00.150 >>OK THANK YOU.
02:31 - 02.090 >>THANK YOU, THANK YOU MISTER
02:31 - 02.950 HAUSER YEAR.
02:31 - 05.850 WELL SOME IN A PLANE MADE IN
02:31 - 06.190 THAT.
02:31 - 10.060 UK YOU HAVE THE OPPORTUNITY TO
02:31 - 13.060 STRESS THEM SHOW. I ASSUME THE.
02:31 - 14.090 IN
02:31 - 15.810 CLOSING UDACITY.
02:31 - 19.550 DECISION OF THE COMMONWEALTH
02:31 - 21.840 COURT REAFFIRMED THE REGION'S A
02:31 - 24.190 RESET FOR THE JUDGE.
02:31 - 25.710 >>THAT'S CORRECT YOUR HONOR
02:31 - 26.290 THANK YOU.
02:31 - 27.290 >>IT.
02:31 - 34.230 >>WE'RE GOING TO ADVANCE SAID.
02:31 - 38.670 THE NEXT IN FINAL ARGUMENT
02:31 - 39.500 10 MINUTES.
02:31 - 43.740 RIDE TO THEIR.
02:31 - 48.090 ORGANIZATIONS BUSINESS AND
02:31 - 50.040 ASSOCIATIONS THE OPPORTUNITY TO
02:31 - 53.010 TELECAST STATEWIDE FUSION ON
02:31 - 55.770 REACH OUT TO ALL OF
02:31 - 57.020 PENNSYLVANIA, USING OUR
02:31 - 00.390 ONLINE STREAMING. YOU PRODUCE
02:32 - 01.870 THE CONTENT WITH YOUR MESSAGE
02:32 - 05.770 FUSION IS A PARTNERSHIP THAT
02:32 - 08.620 MEET OBJECTIVES THROUGH AN
02:32 - 12.960 GO TO PCN TV DOT COM SLASH
02:32 - 17.170 >>IT CERTAINLY IS IN THE MATTER
02:32 - 18.940 OF GARY AND MARY GREAT
02:32 - 21.450 AMERIPRISE FINANCIAL ARE YOU ON
02:32 - 22.690 BEHALF OF OPPONENTS
02:32 - 25.910 IS THIS AND EVEN THOUGH ARE YOU
02:32 - 28.410 IN BEHALF OF HOW HE IS WITH OUR
02:32 - 28.760 AIR.
02:32 - 31.220 I GET
02:32 - 32.380 AFTERNOON NOT.
02:32 - 34.240 >>THIS CASE INVOLVES A
02:32 - 35.850 PENNSYLVANIA IS UNFAIR TRADE
02:32 - 37.410 PRACTICES AND CONSUMER
02:32 - 38.530 PROTECTION LAW.
02:32 - 40.570 WHICH CAME TO A
02:32 - 42.530 CULTURAL PARADE. THEY'RE
02:32 - 43.700 BURNING EMBERS YOU GOT YOURS
02:32 - 45.670 FROM ENGAGING IN ANY FRAUDULENT
02:32 - 45.770 OR
02:32 - 47.920 DECEPTIVE CONDUCT. WHICH
02:32 - 50.830 CREATES FROM QUICK TO FUSION OR
02:32 - 51.950 A MISUNDERSTANDING.
02:32 - 54.760 INTERPRETING THE CATCHALL FOR
02:32 - 57.030 BEIJING. THE SUPREME COURT
02:32 - 59.640 CLEARLY ESTABLISHING DECEPTIVE
02:32 - 01.630 CONDUCT. HE'S NOT REQUIRE PROOF
02:33 - 02.530 OF INTENT.
02:33 - 05.240 AND THEREFORE IT'S TRUE BLACK
02:33 - 07.290 BILITY STANDARD GOVERNS CLAIMS
02:33 - 10.250 BROUGHT ME AS SUCH. THE COURTS
02:33 - 12.460 ASKED TO DO THAT TERMINATION.
02:33 - 17.340 YES, THANK YOU
02:33 - 18.000 YOUR HONOR.
02:33 - 20.190 >>I MEAN PLEASE RECORD YOUR
02:33 - 21.850 HONOR INDICATED WE ARE HERE ON
02:33 - 23.960 A VERY NARROW SINGLE ISSUE.
02:33 - 27.370 IN 1996 THE LEGISLATURE AMENDED
02:33 - 28.770 THE CATCH-ALL PROVISION.
02:33 - 30.880 I'M TO CHANGE IT FROM
02:33 - 32.620 PROHIBITING IN GAUGING IN ANY
02:33 - 34.350 FRAUDULENT CONDUCT WHICH
02:33 - 36.770 CREATES A LIKELIHOOD. CONFUSION
02:33 - 39.360 OR MISUNDERSTANDING, CHANGED IT
02:33 - 40.080 TO READ
02:33 - 42.240 TO PROHIBIT ENGAGING IN ANY
02:33 - 44.700 FRAUDULENT OR DECEPTIVE CONDUCT
02:33 - 46.710 WHICH CREATES A LIKELIHOOD OF
02:33 - 48.810 CONFUSION OR MISUNDERSTANDING.
02:33 - 52.460 NOTABLY IN CRITICALLY. THEY DID
02:33 - 56.070 NOT AMENDED TO NEARLY TAKE OUT
02:33 - 58.030 THE WORD FRAUDULENT IN WHICH
02:33 - 59.110 CASE THAT WE'RE AN
02:33 - 01.540 TO PROHIBIT ENGAGING IN ANY
02:34 - 03.060 CONDUCT WHICH CREATES A
02:34 - 05.230 LIKELIHOOD. CONFUSION OR
02:34 - 07.510 MISUNDERSTANDING. NONETHELESS
02:34 - 08.690 THE SUPERIOR COURT
02:34 - 11.400 READS THE WORDS FRAUDULENT OR
02:34 - 13.990 DECEPTIVE CONDUCT THE
02:34 - 16.450 CATCH-ALL PROVISION, DECEPTIVE
02:34 - 18.440 CONDUCT DOES NOT MEAN ACTING
02:34 - 20.140 WITH THE UTMOST CARE AS A
02:34 - 20.600 SUPERIOR
02:34 - 22.630 COURT INDICATED, AND WE KNOW
02:34 - 24.390 THIS BECAUSE OF THE PLAIN
02:34 - 25.290 MEANING OF DECEPTIVE
02:34 - 28.070 CONDUCT WHICH VARIOUS
02:34 - 30.210 DICTIONARIES USE IN A NAME SUCH
02:34 - 32.630 AS BAMBOOZLED DO HOAX
02:34 - 35.670 THE CROSLEY CHEAT IN SMEAR
02:34 - 39.040 AND BELIEVED. WE ALSO KNOW NOW
02:34 - 40.300 IT BECAUSE
02:34 - 42.040 OF THE LEGISLATIVE HISTORY
02:34 - 44.180 GOING BACK TO THE ORIGINAL
02:34 - 46.290 ENACTMENT IN 1968.
02:34 - 48.800 THE UNFAIR TRADE PRACTICES ACT
02:34 - 49.750 IN PENNSYLVANIA.
02:34 - 51.620 AND COMING FORWARD TO THE
02:34 - 54.130 AMENDMENT ITSELF. THE 1996.
02:34 - 56.630 IN 1986,
02:34 - 59.230 BEING I'M TO TRADE PRACTICES
02:34 - 00.340 ACT WAS
02:35 - 02.940 MODELED WITH CHANTS SIGNIFICANT
02:35 - 05.700 CHANGES OPT OUT A MODEL ACT.
02:35 - 08.040 BUT SIGNIFICANTLY THAT MODEL
02:35 - 10.070 ACT HAD IN IT. A
02:35 - 12.480 CATCH-ALL PROVISION WHICH BOTH
02:35 - 13.910 THEN AND NOW
02:35 - 17.080 THE LEGISLATURE CHOSE NOT TO
02:35 - 17.720 INCLUDE IN
02:35 - 20.020 PENNSYLVANIA ACT. IT'S EPIC
02:35 - 21.700 REACT CATCH-ALL PROVISION
02:35 - 24.720 THAT COVERED IN GAUGING IN ANY
02:35 - 26.730 CONDUCT WHICH CREATES A
02:35 - 28.320 LIKELIHOOD OF CONFUSION OR
02:35 - 29.800 MISUNDERSTANDING. THE
02:35 - 31.570 LEGISLATURE REJECTED THAT WHEN
02:35 - 32.890 THEY INITIALLY AN ACTIVE THE
02:35 - 34.400 ACT IN 1968.
02:35 - 36.650 THEY REJECTED IT AGAIN WHEN IT
02:35 - 39.320 WAS PROPOSED. I AS A POSSIBLE
02:35 - 41.930 AMENDMENT IN 1976, WHEN THEY
02:35 - 43.130 ADDED THE PRIVATE RIGHT OF
02:35 - 45.300 ACTION AND AT THAT TIME THEY
02:35 - 46.200 SIGNIFICANTLY
02:35 - 49.080 POINTED OUT THE PURPOSE OF THE
02:35 - 50.340 ACT WAS TO PREVENT
02:35 - 53.240 UNSCRUPULOUS PRACTICES AND NOT
02:35 - 54.500 TO HARM HONEST AND
02:35 - 57.420 ETHICAL BUSINESSMAN AND THEN IN
02:35 - 00.200 1996 WHEN THEY AMENDED THE
02:36 - 02.730 CATCH-ALL PROVISION TO ADD OR
02:36 - 05.580 DECEPTIVE CONDUCT. WELL AS PORT
02:36 - 07.330 OF AMENDMENTS THAT WERE GEARED
02:36 - 08.990 TOWARD ELIMINATING
02:36 - 10.940 TELEMARKETING FRAUD AND SCAMS
02:36 - 13.700 ON THE ELDERLY. THEY.
02:36 - 20.580 DID NOT DISCUSS IN ANY WAY THE
02:36 - 23.050 IMPOSITION OF STRICT LIABILITY
02:36 - 24.340 AS BEING THE PURPOSE.
02:36 - 26.950 THEY DID NOT SAY THAT THEY WERE
02:36 - 28.300 TRYING TO COVER INNOCENT
02:36 - 31.820 CONDUCT. WHATSOEVER INSTEAD,
02:36 - 33.860 ALL OF THE LEGISLATIVE HISTORY
02:36 - 35.080 IN THE COMMENTS WHICH ARE IN
02:36 - 37.270 OUR BRAINS RELATED ONCE AGAIN
02:36 - 38.650 TO UNSCRUPULOUS TO HAVE
02:36 - 41.030 BEHAVIOR. PERPETRATORS THAT
02:36 - 43.530 ACTED LIKE COCKROACHES DEMS
02:36 - 46.350 ET CETERA. I WORRY ABOUT THANK
02:36 - 49.650 >>WE'LL SEE AND NOW THE U.S. IS
02:36 - 51.010 MONEY AS A NEW QUESTION YOU'RE
02:36 - 51.490 HERE.
02:36 - 55.120 >>I HAVE NO QUESTIONS AT THIS
02:36 - 57.370 TIME. THANK YOU FOR.
02:37 - 01.680 SHOULD I THINK IT
02:37 - 02.830 WAS IN THE BRIEFING IN THIS
02:37 - 04.360 CASE THERE'S SOME DISCUSSION
02:37 - 06.080 THAT THIS COMES FROM THE
02:37 - 08.580 FEDERAL TRADE. THE MISSION.
02:37 - 09.580 AP.
02:37 - 13.230 >>THAT PENNSYLVANIA ADOPTED
02:37 - 15.140 THAT AND THEN UNDER THE FEDERAL
02:37 - 17.250 TRADE COMMISSION ACT IN THE IS
02:37 - 18.760 INCREDIBLE AS IT MAY SEEM.
02:37 - 21.220 DECEPTION CAN OCCUR WITHOUT AN
02:37 - 21.460 END.
02:37 - 24.640 >>YOUR HONOR I'M WRONG GUY.
02:37 - 27.670 I'M SORRY. IT'S HARD TO TELL
02:37 - 27.910 WITH THE
02:37 - 30.450 LAG TIME, I'M YOUR HONOR TO BE
02:37 - 30.690 ON
02:37 - 34.160 PENNSYLVANIA AD ACT IS NOT THE
02:37 - 35.840 SAME AS THE FEDERAL TRADE.
02:37 - 38.910 I IN MANY MANY WAYS ALL VERY
02:37 - 40.840 SIGNIFICANT WAYS TO THE ISSUE
02:37 - 42.210 WILL HEAR ABOUT TODAY.
02:37 - 45.350 THE PRESIDENT
02:37 - 46.870 ALL THE UNFAIR TRADE PRACTICES
02:37 - 48.600 ACT IN PENNSYLVANIA ON LIKE THE
02:37 - 50.260 AX AND MANY OTHER STATES
02:37 - 52.190 DOES NOT REFERENCE OR
02:37 - 54.350 INCORPORATE THAT AFTER THE
02:37 - 57.350 SIERRA WHICH MANY MANY OTHER
02:37 - 59.980 STATES DO. THE
02:37 - 02.430 ONLY SIMILARITY WHATSOEVER
02:38 - 05.220 BETWEEN BE AFTER THE CIA AND
02:38 - 07.540 THE PENNSYLVANIA ACT IS MADE
02:38 - 09.410 BOTH INCLUDE THIS
02:38 - 11.680 GENERAL LANGUAGE AND THEY'RE
02:38 - 13.300 PREVENTING THE USE OF QUOTE
02:38 - 15.400 UNFAIR METHODS OF COMPETITION
02:38 - 17.350 AND UNFAIR OR DECEPTIVE ACTS.
02:38 - 19.800 HOWEVER SIGNIFICANTLY IN THE
02:38 - 21.450 PENNSYLVANIA ACT UNLIKE THE
02:38 - 25.190 FTC, A THE LEGISLATURE GOES ON
02:38 - 27.330 AND IT SPECIFICALLY DEFINES
02:38 - 30.800 20 SPECIFIC ACTS THAT ARE
02:38 - 33.450 UNFAIR OR DECEPTIVE ACTS.
02:38 - 35.450 THE FTC ATTORNEY DOES NOT THE
02:38 - 37.610 FTC AGES CONTAINS THAT GENERAL
02:38 - 39.930 LANGUAGE AND ALSO
02:38 - 41.680 THE FTC A AND AS
02:38 - 44.500 YOU KNOW IS A PUBLIC IN FORSMAN
02:38 - 46.290 ACTION ONLY DOES NOT PROVIDE
02:38 - 47.940 FOR ANY PRIVATE RIGHT OF ACTION
02:38 - 50.380 WHEREAS OF COURSE SINCE 1976.
02:38 - 52.560 OUR APP DOES.
02:38 - 55.150 I THINK IT'S ALSO VERY
02:38 - 57.290 SIGNIFICANT WHEN LOOKING AT THE
02:38 - 58.160 FT C
02:38 - 01.040 A A NOW THAT THE FEDERAL CASE
02:39 - 02.110 LAW THAT I BELIEVE
02:39 - 05.860 ON THAT APPLE LEAVES RELY UPON
02:39 - 07.880 INTERPRETING THE FTC A WITH
02:39 - 09.620 BOTH LANGUAGE IN YOUR HONOR
02:39 - 11.800 REFERENCE IS CASE LAW LOOKING
02:39 - 13.670 AT THE FALSE ADVERTISING
02:39 - 16.690 PROVISION OF THE FT C A WHICH
02:39 - 18.610 IS A VERY SPECIFIC PROVISION
02:39 - 20.990 AND THAT PROVISION DOES NOT
02:39 - 22.790 REFERENCE DECEPTIVE CONDUCT.
02:39 - 25.380 AT ALL. WHY CAN'T PROHIBIT IS
02:39 - 28.410 MISLEADING CONDUCT. SO WHEN THE
02:39 - 30.450 FEDERAL COURTS ARE LOOKING AT.
02:39 - 31.270 INCH ARE
02:39 - 34.000 PUTTING BE FALSE ADVERTISING
02:39 - 36.950 PROVISION OF THE FT C A WHICH
02:39 - 38.840 REFERS ONLY TO.
02:39 - 41.710 ADVERTISER PROHIBITS
02:39 - 43.630 ADVERTISING THAT'S MISLEADING
02:39 - 45.280 AND GOES ON AND TALKS ABOUT
02:39 - 48.080 WHAT MISLEADING IS IN A VERY
02:39 - 50.730 BROAD WAY. IT'S NOT SURPRISING
02:39 - 52.570 THAT THOSE FEDERAL WHO WORKS
02:39 - 53.350 WITH DAN.
02:39 - 55.860 COME UP WITH THE STATEMENTS
02:39 - 57.260 YOUR HONOR THAT THAT YOU
02:39 - 58.840 INDICATED WOULD BE SOMEWHAT
02:39 - 59.650 SURPRISING
02:39 - 02.120 IF APPLIED. MORE BROADLY TO
02:40 - 03.440 SOMETHING LIKE A CATCH-ALL
02:40 - 05.040 CLAUSE WITH DECEPTIVE CONDUCT.
02:40 - 06.250 AND WE ARE JUST
02:40 - 08.420 POINT OUT HOW REAL QUICK ENOUGH
02:40 - 09.650 I MAY I JUST POINT OUT THAT THE
02:40 - 11.090 FTC, A DOES NOT HAVE A
02:40 - 12.810 CATCH-ALL CLAUSE THOUGH IT
02:40 - 14.190 DOESN'T EVEN HAVE THE CATCH-ALL
02:40 - 15.760 CLAUSE THAT WE'RE HEAR ABOUT
02:40 - 18.220 TODAY. VERY FINANCIAL. THANK
02:40 - 19.740 YOU CHIEF. THANK YOU.
02:40 - 21.250 >>THAT'S HIS TIME.
02:40 - 24.590 >>THANK YOU CHIEF JUSTICE MISS
02:40 - 25.360 CONDO.
02:40 - 28.150 DECEPTIVE CONDUCT
02:40 - 31.410 IS REAL FUNDAMENTALLY THE SAME
02:40 - 33.790 AS FRAUDULENT ON DART IN SO
02:40 - 36.650 FAR AS THEY BOTH ARE WHY ARE
02:40 - 39.500 SOME. IT TURNED OUT. WOULD HAVE
02:40 - 41.080 BEEN A PURPOSE OF THAT MEETING
02:40 - 42.740 SEPTA TO
02:40 - 43.610 THE DEFINITIONS.
02:40 - 46.320 >>IN YOUR HONOR I I THINK THAT
02:40 - 48.650 THE 3RD CIRCUIT COURT
02:40 - 50.850 IN BELMONT ADDRESS THIS ISSUE
02:40 - 52.060 AND I UNDERSTAND IT'S NOT
02:40 - 53.890 IT'S NOT PRECEDENT BUT I THINK
02:40 - 55.490 IT'S IT'S IMPORTANT TO NOTE.
02:40 - 56.810 FIRST OF ALL IT'S IMPORTANT
02:40 - 59.750 BECAUSE ONE OF THE 3. I
02:40 - 02.160 JUSTICES ON THAT PANEL WAS
02:41 - 04.180 FORMER SENATOR FISCHER WHO
02:41 - 05.610 HAPPEN TO HAVE BEEN THE SPONSOR
02:41 - 07.100 OF THE AMENDMENT THAT WE'RE
02:41 - 07.280 HEAR
02:41 - 09.690 ABOUT TODAY. THE SECOND IN
02:41 - 11.660 BELMONT NOTED WHEN WHEN
02:41 - 12.980 ANSWERING THAT VERY QUESTION
02:41 - 14.210 YOUR HONOR'S RAISING.
02:41 - 16.800 THEY HAD DECEPTIVE CONDUCT
02:41 - 18.880 DOESN'T REQUIRE PROOF OF THE
02:41 - 19.880 ELEMENTS OF COMMON
02:41 - 22.830 LAW FRAUD. BUT KNOWLEDGE OF THE
02:41 - 24.650 FALSITY OF ONE STATEMENTS
02:41 - 26.790 OR THE MISLEADING QUALITY OF
02:41 - 29.060 ONE'S CONDUCT IS STILL REQUIRED
02:41 - 31.220 AND I THINK THAT IF IF YOU
02:41 - 34.410 THINK ABOUT KIND ACT THAT IS
02:41 - 36.480 FRAUDULENT. IT'S A LIE.
02:41 - 39.510 WHY YOU
02:41 - 41.420 CAN HAVE CONDUCT THAT'S
02:41 - 43.390 INTENDED TO SEEM THAT MAY NOT
02:41 - 46.360 TECHNICALLY BE RAJOY NOR BE
02:41 - 47.720 ALIGNED IF YOU LOOK AT THE
02:41 - 50.560 LEGISLATIVE HISTORY. GETS IN.
02:41 - 53.010 MY BRIEF WITH RESPECT TO THIS
02:41 - 54.780 AMENDMENT. AGAIN BE
02:41 - 57.840 THE PRINCIPAL. WHAT IRAN MAY BE
02:41 - 59.650 THAT THEY ARE LEGISLATURE WAS
02:41 - 01.790 LOOKING TO PROVIDING THOSE
02:42 - 02.880 AMENDMENTS WAS AGAINST
02:42 - 05.590 THE TELEMARKETING FRAUD AND
02:42 - 07.350 SCAMS ON THE ELDERLY
02:42 - 09.460 AND THEY TALK ABOUT HOW THERE
02:42 - 11.670 CAN BE THINGS THAT ARE STATED.
02:42 - 13.470 I THAT ARE NOT.
02:42 - 16.530 WHEN SOMETHING JUST CAME UP ON
02:42 - 17.800 MY SCREEN BUT HOPEFULLY IT'S
02:42 - 19.350 NOT IMPACTING THE REST OF YOU,
02:42 - 20.780 I'M THAT ARE
02:42 - 24.640 TECHNICALLY LIES. NO THEY
02:42 - 25.580 WOULDN'T TECHNICALLY BE
02:42 - 28.770 FRAUDULENT BY. THEY ARE I'M
02:42 - 31.400 WITH THE KNOWLEDGE OR INTENT
02:42 - 31.790 THAT
02:42 - 35.140 THEY COULD MISLEAD THE COURT.
02:42 - 37.680 THE CONSUMER AT ISSUE AND SO I
02:42 - 39.470 THINK THAT IS THE DISTINCTION
02:42 - 40.160 AND
02:42 - 42.650 THAT IS WHY THE LEGISLATURE WAS
02:42 - 45.130 LOOKING TO ENLARGE IF YOU WILL
02:42 - 46.660 THAT THE LANGUAGE HERE TO
02:42 - 48.650 INCLUDE DECEPTIVE CONDUCT.
02:42 - 53.040 >>THANK YOUR ADJUSTED, I E U.
02:42 - 57.210 >>I DO WHEN WHEN
02:42 - 00.050 THE EYE I'M JERRY IN THIS CASE
02:43 - 02.490 I RETURNED THE VERDICT FOR YOUR
02:43 - 05.030 CLIENTS AND BOTH PRIDE AND I
02:43 - 06.850 NEGLIGENT MISREPRESENTATION.
02:43 - 09.190 >>YOU READ THAT YOU THAT THAT
02:43 - 12.520 WAS RAISED TO HAS TO BE HIGH
02:43 - 14.180 CLAIMS UNDER THE STATUTE.
02:43 - 16.470 ON WAS IT THE
02:43 - 18.740 NO FRIED FINDING MORE WAYS IT
02:43 - 20.340 BE KNOWN NEGLIGENT THIS
02:43 - 22.460 REPRESENT CASE IN FINDING THAT
02:43 - 22.820 YOU'RE
02:43 - 23.390 LYING LINE.
02:43 - 25.540 >>I'M RELYING YOU'RE ON THE NO
02:43 - 27.260 NEGLIGENT MISREPRESENTATION AND
02:43 - 28.020 THE REASON FOR
02:43 - 31.460 THAT IS THE OB BURDEN OF PROOF
02:43 - 33.800 UNDER WHICH THE JURY FOUND
02:43 - 35.760 THEY'RE NOT TO BE FRAUD WAS
02:43 - 37.320 CLEAR AND CONVINCING EVIDENCE
02:43 - 39.200 BECAUSE IT WAS A COMMON LAW
02:43 - 40.560 FRAUD CLAIM THEY WERE LOOKING
02:43 - 43.440 AT AND THE
02:43 - 45.900 BURDEN HERE AND UNFAIR TRADE
02:43 - 48.000 PRACTICES ACT OR FRAUDULENT
02:43 - 49.540 CONDUCT WOULD BE PREPONDERANCE
02:43 - 49.650 OF
02:43 - 52.030 THE EVIDENCE. IT'S MY POSITION
02:43 - 53.330 HOWEVER THAT WHEN THE JURY
02:43 - 55.190 FOUND THAT THERE WASN'T EVEN A
02:43 - 56.980 NEGLIGENT MISREPRESENTATION
02:43 - 58.330 BY PREPONDERANCE OF THE
02:43 - 59.810 EVIDENCE WHICH WAS THE STANDARD
02:43 - 02.270 THAT THEY APPLIED TO THAT THAT
02:44 - 02.620 BAD.
02:44 - 06.120 RICK LOSE TO RAISE JAKARTA ANY
02:44 - 07.750 POSSIBILITY THAT THERE COULD
02:44 - 09.500 HAVE BEEN DECEPTIVE CONDUCT
02:44 - 11.350 BECAUSE AND I'M IN A MOM,
02:44 - 13.630 DECEPTIVE CONDUCT. IT'S GOING
02:44 - 15.690 TO REQUIRE NEGLIGENCE AT A
02:44 - 18.370 MINIMUM AND GOING BACK TO A
02:44 - 20.130 QUESTION THAT JUSTICE POD
02:44 - 21.780 RAISED ABOUT WHAT
02:44 - 23.560 WHAT WHERE THEY TRUE WHAT WAS
02:44 - 25.180 THE LEGISLATURE TRYING TO DO
02:44 - 27.700 WITH IT I ENDED DECEPTIVE
02:44 - 30.240 CONDUCT. HAS OF COURSE PROBABLY
02:44 - 31.330 WHERE FROM THE BRIEFING THERE
02:44 - 32.920 HAVE BEEN SOME FEDERAL COURTS
02:44 - 33.720 THAT HAVE SAID
02:44 - 36.060 THAT MAYBE THEY WERE TRYING TO
02:44 - 37.700 LESSEN THE STANDARD DOWN TO AT
02:44 - 39.790 LEAST NEGLIGENCE BUT WE KNOW
02:44 - 40.260 THAT.
02:44 - 42.350 AND THE BELMONT COURT SAID YOU
02:44 - 43.390 NEED KNOWLEDGE.
02:44 - 45.550 THERE BEEN COUPLE OTHER FEDERAL
02:44 - 47.110 COURTS THAT HAVE LOOKED AT THIS
02:44 - 48.160 AMENDMENT AND SAID
02:44 - 51.060 YOU NEED AT LEAST NEGLIGENCE SO
02:44 - 52.130 IF YOU HAVEN'T MADE A
02:44 - 55.190 NEGLIGENT MISREPRESENTATION YOU
02:44 - 57.130 MOST CERTAINLY WOULD NOT HAVE
02:44 - 58.930 ENGAGED IN DECEPTIVE CONDUCT.
02:45 - 03.130 SO THE WENT 28 YOUR POSITION ON
02:45 - 04.900 THE APPROPRIATE REQUIRE.
02:45 - 08.830 >>SO MY SORT OF FOR LACK OF A
02:45 - 10.360 BETTER WORD ACADEMICALLY
02:45 - 12.400 IS THE POSITION OF THE BEAUMONT
02:45 - 14.560 COURT WHICH IS THAT
02:45 - 17.060 YOU NEED. YOU NEED SOME
02:45 - 19.030 KNOWLEDGE THAT WHAT YOU ARE
02:45 - 20.050 REPRESENTING.
02:45 - 25.340 YOU'RE DOING IT IN ORDER TO
02:45 - 28.360 DECEIVE SOMEBODY. YOU'RE WHEN
02:45 - 29.720 YOU'RE SAYING SAID IT
02:45 - 31.860 INTENTIONAL CONDUCT. GET YOUR
02:45 - 33.810 POSITION. YES, THAT IS MY
02:45 - 36.160 POSITION, HOWEVER AND A HALF.
02:45 - 38.510 I DON'T NEED TO GO THAT FAR I
02:45 - 40.500 AND I JUST DID
02:45 - 42.250 INSPECT QUESTION. HOW DID
02:45 - 45.330 EDITION OF THIS RACE, DECEPTIVE
02:45 - 46.160 CLOCK BACK.
02:45 - 49.110 >>AND DANCE. THE CAUSE
02:45 - 51.740 OF CONSUMERS. IF YOU'RE IN BOTH
02:45 - 53.980 THE PREEXISTING FRIDAY LINK
02:45 - 55.520 LINED UP AND NOW THE NEW
02:45 - 58.500 DECEPTIVE KIND I REQUIRES AN
02:45 - 00.050 INTENT TO DECEIVE.
02:46 - 04.140 >>BECAUSE AGAIN YOU
02:46 - 06.380 CAN INTENDED TO SAVE SOMEBODY
02:46 - 08.430 YOU THINK OF TELEMARKETERS
02:46 - 09.740 WHICH AGAIN WITH WAS WHAT
02:46 - 11.410 THE LEGISLATURE WAS TALKING
02:46 - 13.190 ABOUT YOU CAN CALL A PERSON.
02:46 - 14.990 YOU CAN INTENDED TO SEE THEM
02:46 - 17.030 WITHOUT LINE TO THEM. SO YOU
02:46 - 18.230 CAN INTEND TO
02:46 - 20.520 MISLEAD THEM AND TO SEE THEM
02:46 - 21.990 THROUGH THE THE THINGS THAT
02:46 - 23.780 YOU'RE TELLING THEM IN ORDER TO
02:46 - 25.380 GET THEM TO PURCHASE WHAT YOU
02:46 - 27.170 WANT THEM TO PUNCHES. IT'S
02:46 - 28.640 TECHNICALLY NOT A LIE.
02:46 - 31.160 AND TECHNICALLY I PROBABLY
02:46 - 32.800 WOULD NOT MEET THE ELEMENT OF
02:46 - 36.200 FRAUDULENT CONDUCT. BUT IT'S
02:46 - 38.530 IT'S THE SEPT OF CONDUCT
02:46 - 40.110 AND SOMETHING LEGISLATURE
02:46 - 41.400 WANTED TO MAKE SURE
02:46 - 43.220 PARTICULARLY AS IT WAS THINKING
02:46 - 45.000 ABOUT THE TELEMARKETING SCAMS A
02:46 - 46.980 MONTH CALLS TO THE ELDERLY AND
02:46 - 47.480 IF YOU LOOK
02:46 - 50.500 AT HER. THE TELEMARKETING I'M
02:46 - 52.090 PROVISIONS THAT THE LEGISLATURE
02:46 - 53.290 PUT IN AT THE SAME TIME THEY
02:46 - 55.070 MADE THIS AMENDMENT THEY PUT
02:46 - 57.470 AFFIRMATIVE DUTIES, I'M CERTAIN
02:46 - 59.480 LIMITED DUTIES ON TELEMARKETERS
02:46 - 01.090 TO MAKE SURE THAT WHAT THEY
02:47 - 03.200 WERE. WHAT THEY WERE
02:47 - 06.070 TELLING PEOPLE I DIDN'T HAVE
02:47 - 06.880 THE ABILITY TO
02:47 - 08.780 DECEIVE THEM AND THAT MAY NOT
02:47 - 10.410 HAVE BEEN FRAUDULENT CONDUCT
02:47 - 11.350 THAT CERTAINLY WOULD BE
02:47 - 12.950 DECEPTIVE CONDUCT AND WOULD BE
02:47 - 15.300 DONE WITH THE INTENT TO MISLEAD
02:47 - 16.390 OR DECEIVE THE PERSON THEY'RE
02:47 - 17.250 TALKING TO.
02:47 - 19.340 >>SO THE LEGISLATURE TOOK CARE
02:47 - 20.270 OF THEIR PROBLEM WITH
02:47 - 21.950 TELEMARKETERS BY IN
02:47 - 25.090 FACT I ADDING PROVISIONS THAT'S
02:47 - 26.660 DEALT SPECIFICALLY WITH
02:47 - 29.310 THAT PROBLEM. MAYBE A
02:47 - 31.360 PHRASE DECEPTIVE CONDUCT
02:47 - 33.070 THEREFORE DOES NOT ADDRESS THAT
02:47 - 34.680 PROBLEM, THE STATUTE ITSELF
02:47 - 36.510 WEIGHS AMENDED TO ADDRESS THAT
02:47 - 38.650 PROBLEM. THAT'S CORRECT
02:47 - 39.140 YOUR HONOR.
02:47 - 41.280 >>AND THE ONLY ADDITIONAL POINT
02:47 - 43.510 I WOULD WANT TO MAKE IS THAT
02:47 - 45.130 EVEN THOUGH I THINK
02:47 - 47.340 ACADEMICALLY AS AS THE BELMONT
02:47 - 50.340 COURT DEAD. THERE THERE IS
02:47 - 52.600 SOME REQUIREMENTS FOR IN YOUR
02:47 - 54.020 HONOR'S WORDS MENS REA ARE
02:47 - 55.650 INTENT OR KNOWLEDGE WITH
02:47 - 56.280 RESPECT.
02:47 - 57.970 >>DECEPTIVE CONDUCT.
02:47 - 01.240 AT A MINIMUM IT HAS TO BE WRONG
02:48 - 03.170 FOR IT CAN'T BE INNOCENT OR
02:48 - 04.770 STRICT LIABILITY SO
02:48 - 07.840 EVEN IF IT'S ONLY NEGLIGENCE
02:48 - 09.970 AND WRONGFUL CONDUCT IT HAS TO
02:48 - 11.870 AT A MINIMUM BE BACK BECAUSE
02:48 - 12.910 OTHERWISE YOU HAVE STRICT
02:48 - 15.190 LIABILITY AND THE LEGISLATURE
02:48 - 17.550 HAS SHOWN US OVER THE YEARS
02:48 - 19.060 THAT WHERE IT WANTS TO CREATE
02:48 - 21.160 STRICT LIABILITY. IT KNOWS HOW
02:48 - 22.950 TO DO THAT AND I BUT IN MY
02:48 - 24.020 BRIEF A CHART
02:48 - 25.560 OF THE NUMEROUS STRICT
02:48 - 27.190 LIABILITY STATUTES THAT THE
02:48 - 28.700 LEGISLATURE OVER THE YEARS HAS
02:48 - 30.660 ENACTED AND THEY MAKE THEIR
02:48 - 32.380 EAST THEY USE VERY SPECIFIC
02:48 - 34.070 LANGUAGE WHEN THEY DO THAT.
02:48 - 36.940 SO THAT WE KNOW THAT THAT THIS
02:48 - 39.940 IS A FAULT FREE STATUE. YOU
02:48 - 42.200 KNOW THEY NOT ONLY I DIDN'T
02:48 - 44.160 DO THAT THEY DID THE EXACT
02:48 - 45.960 OPPOSITE IN CENTER JUST TAKING
02:48 - 46.960 OUT FRAUDULENT.
02:48 - 49.720 AND AND HAVING A CATCH-ALL
02:48 - 51.240 CLAUSE CONSISTENT WITH
02:48 - 53.430 WHAT THEY HAD REJECTED TWICE
02:48 - 55.190 BEFORE WHICH ONLY WOULD HAVE
02:48 - 57.960 SAID. THAT YOU'RE PROHIBITED
02:48 - 00.020 FROM ENGAGING IN CONDUCT WHICH
02:49 - 02.860 HAS THAT POTENTIAL TO CREATE
02:49 - 03.450 CONFUSION
02:49 - 05.780 OR MISUNDERSTANDING. THEY THEY
02:49 - 07.020 DIDN'T DO THAT THEY DID THE
02:49 - 08.220 EXACT OPPOSITE
02:49 - 10.500 SO WE WE KNOW FROM THAT THAT IT
02:49 - 12.300 CANNOT BE IN THE SAME CONDUCT
02:49 - 13.940 THAT CANNOT BE STRICT LIABILITY
02:49 - 15.650 AT A MINIMUM IT NEEDS TO BE
02:49 - 17.500 NEGLIGENCE. I THINK THAT COULD
02:49 - 19.240 DAMAGE THE LEE. THERE'S STILL
02:49 - 21.560 SOME NEED FOR MEN'S I MEAN FROM
02:49 - 23.340 MY POSITION TO PREVAIL,
02:49 - 25.940 FRANKLY IT IS LONG AS IT'S NOT
02:49 - 27.760 IN HIS AND IT'S NOT STRICT
02:49 - 30.260 LIABILITY. THAT'S
02:49 - 32.260 YOU KNOW THAT'S ALL I NEED SO
02:49 - 33.720 TO SPEAK, I'M JUST GIVING YOU
02:49 - 36.870 MY ACADEMIC ANSWER. WHEN I SAY
02:49 - 38.370 THAT I I BELIEVE
02:49 - 40.700 THAT UNDER BELMONT'S RATION
02:49 - 42.040 THIS
02:49 - 43.300 CONDO YES.
02:49 - 45.380 >>ANY REPETITIVE AND WE'D LIKE
02:49 - 46.420 TO GET SOME OF THE QUESTION
02:49 - 48.450 YOU'RE SURE START WHO WE
02:49 - 49.750 CERTAINLY UNDERSTAND YOUR POINT
02:49 - 51.080 THAT YOU MADE A BULLY
02:49 - 54.110 MULTIPLE TIMES. I GUESS IT GOT
02:49 - 54.400 PRETTY.
02:49 - 57.800 NO QUESTIONS. THANK YOU RYAN.
02:49 - 59.010 DOES THIS WORK.
02:49 - 00.670 >>THANK YOU CHIEF JUSTICE
02:50 - 02.630 COUNCIL, I LOVE A COUPLE OF
02:50 - 04.670 QUESTIONS. YOU KEEP TALKING
02:50 - 05.870 ABOUT INNOCENT CONDUCT.
02:50 - 07.100 WHAT WAS IT ABOUT MR.
02:50 - 08.630 KOVALCHUK'S CONDUCT WAS SO
02:50 - 09.020 INNOCENT.
02:50 - 12.650 >>WELL THE JURY FOUND HE DIDN'T
02:50 - 13.420 MAKE A NEGLIGENT
02:50 - 15.330 MISREPRESENTATION AND THEY
02:50 - 16.020 FOUND THAT OUT BY A
02:50 - 16.790 PREPONDERANCE OF
02:50 - 17.590 THE EVIDENCE.
02:50 - 19.840 >>BUT ARMO OBVIOUSLY DIDN'T
02:50 - 20.570 FIND OUT
02:50 - 23.230 IN THE FACT-FINDING ON THESE
02:50 - 25.280 STATUTORY CLAIM WAS CONFIDE AND
02:50 - 25.870 WAS IT NOT.
02:50 - 29.570 >>YES,
02:50 - 32.610 EXCEPT THAT. UNDER MY POSITION
02:50 - 34.110 THERE WAS RAISED TO TO CONNER
02:50 - 37.260 AND THEREFORE I HE WASN'T ABLE
02:50 - 39.140 TO RELITIGATE THE QUESTION OF
02:50 - 39.610 WHETHER
02:50 - 43.020 I'M MISTER WALCZAK HAD ENGAGED
02:50 - 44.050 IN A NEGLIGENT
02:50 - 46.130 MISREPRESENTATION RIZWAN TRIAL
02:50 - 48.060 RIGHT THE JURY AND JUDGE HEARD
02:50 - 49.210 THE SAME CASE RIGHT.
02:50 - 50.900 >>THAT'S RIGHT YOUR HONOR YOU
02:50 - 53.510 GET I GET RACE TO AQABA WHEN
02:50 - 54.390 YOU HAVE A DIFFERENT FACT
02:50 - 55.890 FINDER SAME CASE.
02:50 - 58.120 ARE YOU ARGUING I GUESS ONE
02:50 - 59.570 ARGUMENT CONSISTENT BURN IT'S
02:50 - 00.800 BUT THERE'S NO RACE TO DEPART.
02:51 - 03.260 >>NOW I I BELIEVE THERE
02:51 - 04.380 IS RAISED YOU TO CON I KNOW
02:51 - 06.220 THAT WASN'T BECAUSE THE ISSUE
02:51 - 07.300 WHY NOT JUST ON
02:51 - 11.030 THE QUESTION OF THAT THOSE
02:51 - 12.730 STATUTORY INTERPRETATION.
02:51 - 15.160 AND SO YOU DON'T HAVE THAT IN
02:51 - 16.440 YOUR BRIEF BY IT.
02:51 - 19.230 IT WAS BRIEF BELOW AND I
02:51 - 20.430 BELIEVE THAT RACE TO THE COURT
02:51 - 22.160 APPLIES HERE BECAUSE ONCE.
02:51 - 24.680 THE PLAINTIFF HAD A FULL AND
02:51 - 26.450 FAIR OPPORTUNITY TO LITIGATE
02:51 - 27.970 YOU KNOW THE ISSUES IN FRONT OF
02:51 - 30.200 A JURY AND THE JURY MADE
02:51 - 31.400 A DETERMINATION.
02:51 - 34.220 AND JUDGE MARMOL CAN THEN MAKE
02:51 - 36.410 A DIFFERENT INTERPRETATION OR A
02:51 - 39.700 DIFFERENT RULING WASN'T THAT
02:51 - 40.930 WASN'T WHAT HAPPENED DOWN BELOW
02:51 - 42.450 RIGHT THE CASE WENT TO HIM.
02:51 - 44.770 >>ON A STATUTORY WELL IN IN
02:51 - 44.950 THEM.
02:51 - 47.750 IT DID GO TO HIM ON A STATUTORY
02:51 - 48.920 RULING WITH NO ADDITIONAL
02:51 - 51.320 EVIDENCE NOBEL HE WAS DECIDING
02:51 - 52.510 IT ON THE EVIDENCE.
02:51 - 55.360 >>AND THE OTHER LET ME
02:51 - 56.380 INTERRUPT A AND B A
02:51 - 58.510 I'M TAKING ON A FROLIC IN
02:51 - 00.090 DETOUR BUT YOUR USE OF THE TERM
02:52 - 00.490 RACE YOU TO
02:52 - 02.990 CALL IT I NOT ON BOARD WITH
02:52 - 04.190 THAT HERE. BUT LET ME LET ME
02:52 - 05.610 MOVE ELSEWHERE. YOU KEEP
02:52 - 07.040 TALKING ABOUT TELEMARKETING
02:52 - 08.660 TELEMARKETING WHERE IS THAT IN
02:52 - 09.320 THE STATUE.
02:52 - 13.500 >>YOUR HONOR PAULA JONES I I
02:52 - 14.800 MEAN IT'S IT'S IN ONE OF THE
02:52 - 16.700 SECTIONS THAT IN MY BRIEF I
02:52 - 18.960 CAN'T CITE TO YOU THE THE
02:52 - 21.390 SECTION OF BUT IT WAS PART OF
02:52 - 23.430 THE 1996 AMENDMENTS AND THERE'S
02:52 - 24.340 A SEPARATE.
02:52 - 27.270 >>SECTION A SEPARATE SECTION
02:52 - 28.910 BUT NOT THIS SECTION IS NOT
02:52 - 30.380 RIGHT NOT THIS SECTION.
02:52 - 32.740 >>WELL THIS IS THE SECTION
02:52 - 34.400 WE'RE TALKING ABOUT IS THAT
02:52 - 37.070 THERE IS GOOD PROVISION
02:52 - 38.810 AND IN THE
02:52 - 40.300 SAME STATUTE, THERE'S A
02:52 - 41.830 SPECIFIC DISCUSSION OF
02:52 - 43.620 TELEMARKETING WHAT'S NOT
02:52 - 44.870 WELL THAT I'M SORRY TO KEEP
02:52 - 46.520 INTERRUPTING ON THIS ALONG
02:52 - 48.360 THAT'S THE VERY POINT IS IN
02:52 - 50.670 THIS CASE WHEN THE VERDICT BY
02:52 - 52.110 ARMO ON THE
02:52 - 53.740 CATCH-ALL PROVISION AND THE
02:52 - 55.230 CATCH-ALL PROVISION SAYS
02:52 - 56.680 NOTHING ABOUT TELEMARKETING
02:52 - 59.420 RIGHT THAT'S CORRECT YOUR HONOR
02:52 - 01.670 SECOND FROM JUST LIKE THE SAME
02:53 - 03.550 CATCH-ALL PROVISION DOESN'T
02:53 - 05.590 TALK ABOUT FRAUD YOU ARE AND
02:53 - 07.940 RATHER DECEPTIVE ADVERTISING IN
02:53 - 09.330 NURSING HOMES WHICH WE DEALT
02:53 - 11.130 WITH IN THE CATCH-ALL PROVISION
02:53 - 12.480 CONTEXT THAN THE GOLDEN GATE
02:53 - 14.410 CASE WHICH YOU KNOW SITE AT ALL
02:53 - 16.220 IN YOUR OPENING GREAT. ALL
02:53 - 16.510 RIGHT.
02:53 - 19.010 >>YOUR HONOR I DON'T CITED IN
02:53 - 20.410 MY BRIEF BECAUSE I DON'T
02:53 - 21.500 BELIEVE THAT THE GOLDEN GATE
02:53 - 23.360 CASE RELATES TO THIS ISSUE AND
02:53 - 25.070 I DID ADDRESS THAT IN MY REPLY
02:53 - 27.050 BRIEF. MY POINT ABOUT 2
02:53 - 29.430 MARKETING IS IS MERELY THAT
02:53 - 31.070 THAT WHEN YOU LOOK AT THE
02:53 - 33.460 LEGISLATIVE HISTORY. ARGUMENT
02:53 - 34.520 WHEN YOU LOOK AT THE
02:53 - 36.350 LEGISLATIVE HISTORY FOR WHEN
02:53 - 38.870 THE 1996 AMENDMENTS WERE MADE
02:53 - 40.540 THE ONE WE'RE HERE ABOUT THEY
02:53 - 42.170 WERE THE TELEMARKETING
02:53 - 44.190 AMENDMENT WAS MADE AT THE SAME
02:53 - 45.870 TIME AND THAT'S MY ONLY POINT
02:53 - 47.280 ABOUT TELEMARKETING I
02:53 - 48.970 THIS IS NOT A TELEMARKETING
02:53 - 51.050 CASE I AM MY TIME RUNS SHORT
02:53 - 53.510 >>I MEAN LOOK AT THE STATUTE
02:53 - 54.160 AND YOU CAN LOOK AT THE
02:53 - 56.630 LEGISLATIVE MY QUESTION ON THE
02:53 - 57.210 GOLDEN GATE
02:53 - 59.990 CASE IS IN THAT CASE WE SAID.
02:54 - 02.930 AND WE WERE NEARLY UNANIMOUS IF
02:54 - 04.380 NOT USE THE SOME OF THE CASE.
02:54 - 05.430 HER THROAT.
02:54 - 08.690 AND YOU WANT TO RELY ON BELMONT
02:54 - 10.760 BUT IN OUR DECISION IN GOING
02:54 - 11.170 OKAY,
02:54 - 13.490 WE WROTE NEED INTENTION TO
02:54 - 15.450 DECEIVE NOR ACTUAL DECEPTION
02:54 - 16.400 MUST BE PROVED
02:54 - 18.550 RATHER IT NEED ONLY BE SHOWN
02:54 - 20.050 THAT THE ACTS AND PRACTICES
02:54 - 22.510 ARE CAPABLE ON BEING INTERRED
02:54 - 25.830 IN A MISLEADING WAY. WHY IS
02:54 - 26.820 THAT IN THIS CASE.
02:54 - 29.250 >>YOUR OWN FIRST OF ALL THAT
02:54 - 32.280 WAS ON GOLDEN GATE WAS PUBLIC
02:54 - 33.900 ENFORCEMENT ACTION, THIS IS A
02:54 - 35.270 PRIVATE RIGHT OF ACTION
02:54 - 37.710 SECONDLY I BELIEVE THAT THAT
02:54 - 39.730 LANGUAGE WAS PULLED FROM.
02:54 - 42.240 I REMEMBER CORRECTLY, PEOPLE'S
02:54 - 44.600 BENEFITS SERVICES. I
02:54 - 47.250 DO THAT THE GOLDEN GATE CASE
02:54 - 49.120 WAS NOT DECIDED ON THE QUESTION
02:54 - 50.220 OF INTENT. THE GOLDEN
02:54 - 52.760 GATE CASE. A LOOK AT AS I
02:54 - 54.980 RECALL 2 ISSUES ONE WHETHER
02:54 - 56.940 CERTAIN STATEMENTS WE'RE PATH
02:54 - 59.460 OR YOU'RE NOT AND TO WHETHER
02:54 - 02.090 CERTAIN PROVISIONS I'VE THE OF
02:55 - 03.710 THE ACT WERE LIMITED
02:55 - 06.070 TO JUST ADVERTISEMENTS. SO THE
02:55 - 07.960 STATEMENT THAT EUROPE YOUR
02:55 - 10.720 HONOR HAS READ WAS WAS PULLED
02:55 - 13.460 OUT OF ANOTHER PUBLIC
02:55 - 14.940 ENFORCEMENT ACTION CASE,
02:55 - 16.860 PEOPLE'S BENEFITS SERVICES.
02:55 - 18.220 WHEN IT WAS NOT.
02:55 - 20.880 OF FINDING YOUR RULING IN THIS
02:55 - 22.720 CASE IT WAS IN THE IN THEY GO
02:55 - 24.100 GET CASE IT WAS DICK DEATH.
02:55 - 25.220 AND I
02:55 - 27.500 WOULD SUBMIT DIDN'T HAVE THE
02:55 - 29.670 THE EVALUATION EITHER IN TERMS
02:55 - 31.250 OF PLAIN LANGUAGE OR
02:55 - 33.710 LEGISLATIVE HISTORY THAT WE'RE
02:55 - 35.560 EXPANDING UPON NOW BECAUSE THIS
02:55 - 37.400 REALLY IS THE ISSUE IN THIS
02:55 - 39.430 CASE IS WHAT DECEPTIVE CONDUCT
02:55 - 39.850 TO BE.
02:55 - 42.810 THANK YOU, THANK
02:55 - 43.430 YOU SHOULDN'T.
02:55 - 46.090 >>THANK WE'RE HERE NOW FROM L
02:55 - 47.730 A. WE'RE UP.
02:55 - 51.470 >>THANK YOU CHIEF
02:55 - 52.680 JUSTICE SAILOR.
02:55 - 54.450 I HOPE THE JUSTICES OF THE
02:55 - 56.770 COURT MY NAME IS BURNED AND I'M
02:55 - 57.700 I'M HERE ON BEHALF OF
02:55 - 59.680 CONSUMERS. GARY UNMARRIED
02:55 - 01.170 GREAT. THANK YOU FOR THE
02:56 - 02.540 OPPORTUNITY TO ADDRESS
02:56 - 04.070 IMPORTANT HER PETITION OF OUR
02:56 - 04.570 CONSUMER
02:56 - 06.760 PROTECTION LAW BASED ON THE
02:56 - 08.210 DECISIONS OF THE COMMONWEALTH
02:56 - 09.750 COURT THE SUPERIOR COURT IN
02:56 - 12.100 THIS COURT THAT INTENT IS NOT
02:56 - 13.030 AN ELEMENT OF PROOF OF THE
02:56 - 13.950 CATCHALL SECTION OF
02:56 - 15.920 THE STATUTE. IT'S CLEAR COURT
02:56 - 17.510 WAS CORRECT IN LABELING IT A
02:56 - 18.930 STRICT LIABILITY STANDARD.
02:56 - 21.440 WEREN'T YOU JUST FOR REASONS
02:56 - 23.740 WHY SHOULD A FIRM FIRST THE
02:56 - 24.260 PURPOSE OF
02:56 - 27.220 THE STATUTE. 1974 THIS QUARTER
02:56 - 28.780 LYNN MONUMENTAL PROPERTIES.
02:56 - 30.920 THE STATUE WAS ENACTED TO EVEN
02:56 - 32.410 OR LEVEL THE PLAYING FIELD
02:56 - 34.070 BETWEEN CONSUMERS AND VENDORS
02:56 - 36.780 AND REDICK EATING THE USE OF
02:56 - 38.060 UNFAIR AND DECEPTIVE BUSINESS
02:56 - 40.360 PRACTICES. THIS COURT CHOSE TO
02:56 - 42.810 USE THE WORD ERADICATING PUT
02:56 - 43.430 AN END
02:56 - 46.030 THESE PRACTICES. THIS ALSO
02:56 - 47.570 HELPS LEVEL PLAYING FIELD FOR
02:56 - 48.100 HONEST AND
02:56 - 50.340 ETHICAL BUSINESSES. ACCORDINGLY
02:56 - 51.840 THE STATUES TO BE INTERPRETED
02:56 - 53.580 BROADLY TO PROTECT CONSUMERS.
02:56 - 55.160 THE SYSTEM WITH THIS BROAD
02:56 - 57.810 INTERPRETATION IN 2018 AND THE
02:56 - 59.520 GOLDEN GATE NURSING HOME CASE.
02:56 - 01.030 THIS COURT EXPLAINED THAT
02:57 - 02.250 NEITHER THE INTENTION TO
02:57 - 04.960 DECEIVE BRASH DECEPTION MUST
02:57 - 06.770 BE APPROVED. THE SECOND REASON
02:57 - 07.900 IS THE RULES OF STATUTORY
02:57 - 09.740 CONSTRUCTION. THE LEGISLATURE,
02:57 - 11.780 THEN A FIGHT 21 DIFFERENT FORMS
02:57 - 12.430 OF UNFAIR
02:57 - 15.210 BUSINESS PRACTICES. 18 DO NOT
02:57 - 17.180 CONTAIN ANY LANGUAGE REQUIRES
02:57 - 19.790 AN INTENT ONLY 3 DO WHEN THE
02:57 - 21.400 LEGISLATURE. BOTH INCLUDES A
02:57 - 24.030 TERM AND OMITS THAT TERM WITHIN
02:57 - 26.710 THE SAME STATUTE. JOE THAT TERM
02:57 - 28.420 IS SIGNIFICANT. HERE
02:57 - 30.100 THIS MEANS THAT INTENT IS NOT
02:57 - 31.860 REQUIRED TO PROVE OF 18
02:57 - 34.440 21 SUBSECTIONS WHICH INCLUDES
02:57 - 36.470 THE CATCH-ALL THE 3RD REASON IS
02:57 - 37.690 A CONSUMER PROTECTION LAW WAS
02:57 - 39.610 CREATED BY THE LEGISLATURE AND
02:57 - 41.010 DOES NOT COME FROM THE COMMON
02:57 - 43.370 LAW. THIS COURT MANO PROPERTY
02:57 - 45.460 IS DESCRIBED AS FRAUD. IN THE
02:57 - 47.800 STATUTORY SENSE. SCHWARTZ THE
02:57 - 48.290 ROCKY
02:57 - 51.160 2007. THIS CHRIS PLANTE A PROOF
02:57 - 52.810 OF RELIANCE DERIVED FROM THE
02:57 - 55.180 CAUSATION REQUIREMENT EXPRESS
02:57 - 57.230 ON THE FACE OF SECTION 9.2.
02:57 - 59.460 AN MOT ON THE COMMON LAW.
02:57 - 01.530 THE 4TH AND FINAL REASON IS
02:58 - 02.310 LOOKING TO THE STATES
02:58 - 03.560 SURROUNDING PENNSYLVANIA.
02:58 - 05.790 NOT REQUIRE PROOF OF INTENT.
02:58 - 07.090 IT'S LIKE A DONE IT IN THE
02:58 - 08.900 HOLE. THE SENATE WANTS TO MAKE
02:58 - 10.360 PENNSYLVANIA INTO THE HALL.
02:58 - 12.100 APPARENTLY MAKE A SAFE HARBOR
02:58 - 13.380 WHERE IS MORE DIFFICULT TO
02:58 - 14.670 PROVE A CONSUMER PROTECTION
02:58 - 16.350 VIOLATION IN THE SURROUNDING
02:58 - 16.870 STATES.
02:58 - 19.160 IN CONCLUSION. GIVEN THAT OF
02:58 - 20.670 CONSUMER PROTECTION LAWS BASED
02:58 - 22.790 UPON STATUTORY LAW IT MAKES
02:58 - 24.580 COMPLETE SENSE. THE SUPERIOR
02:58 - 25.960 COURT TO DESCRIBE THE GOVERNING
02:58 - 27.970 STANDARD, A STRICT LIABILITY.
02:58 - 29.570 IT MAKES SENSE FOR THIS COURT
02:58 - 30.560 TO DO THE SAME
02:58 - 32.670 IN ORDER TO ELIMINATE ANY
02:58 - 34.690 LINGERING DEBATE ABOUT THE
02:58 - 35.610 NATURE OF THE CATCH-ALL
02:58 - 36.820 PROVISION. THANK YOU.
02:58 - 38.860 >>THANK YOUR CHEST WITH MONEY.
02:58 - 43.570 NO QUESTIONS THANK YOU. AND
02:58 - 44.950 CAROL JUSTICE BREYER.
02:58 - 48.970 >>MISTER BAER IN IT THE RULE
02:58 - 51.610 YOU PROPOSE SOON BE SHOCKINGLY
02:58 - 53.880 WROUGHT FOREST WHICH SCRAPPLE.
02:58 - 56.760 AND SOON THAT YOU REPRESENT A
02:58 - 59.360 CLIENT. AND YOU STIPULATE
02:59 - 02.050 THEN THE REAL ESTATE
02:59 - 04.690 SALESPERSON SPOCK SALESPERSON
02:59 - 08.100 OFFICE OR AT HOME OR ANY ONE
02:59 - 10.870 AND SUNDRY VERY COMPLICATED.
02:59 - 12.860 TRANSACTIONS THAT OCCUR EVERY
02:59 - 15.820 DAY WAS OPEN WAS TRANSPARENT
02:59 - 18.100 WAS ON US WAS ABOVE BOARD.
02:59 - 21.040 BUT YOUR CLIENT WAS CONFUSED.
02:59 - 23.070 AND YOUR CLIENT MISUNDERSTOOD
02:59 - 24.600 LIABILITY OR NOT.
02:59 - 28.260 >>I THINK THAT THE LIABILITY
02:59 - 30.620 ALLIES IN IF THAT COULD BE
02:59 - 32.490 INTERPRETED AS A DECEPTIVE
02:59 - 33.930 MANNER, IT'S NOT JUST WHERE
02:59 - 35.420 THEY CAN CHOOSE THAT LEADS TO
02:59 - 37.650 CONFUSING AND OR
02:59 - 39.650 MISUNDERSTANDING OR HER.
02:59 - 41.540 SO WHAT YOU'RE LOOKING
02:59 - 43.980 AT HERE IS THAT AN HONEST AND
02:59 - 45.050 ETHICAL BUSINESS THAT THEY
02:59 - 46.590 REALIZE BUT THE WAY THEY
02:59 - 48.920 PRESENTED MADE COULD BE
02:59 - 50.370 INTERPRETED MORE THAN ONE WAY
02:59 - 51.610 AND ONE WHICH IS HARMFUL TO
02:59 - 53.630 THE CONSUMER. BUT ALL I HAVE TO
02:59 - 55.540 DO IS REVERSE A TRANSACTION OR
02:59 - 57.250 ON THE THE AGREEMENT AS IT
03:00 - 21.720 >>IT ALLOWS FOR MISCHIEF.
03:00 - 34.530 I'M NOT SAYING YOU DID ANYTHING
03:00 - 37.960 WHICH AS I AS I SAID AT THE
03:00 - 42.130 ESTATE IN THE COMPLEX
03:00 - 47.900 CLOSINGS ARE OR STOP IAN'S
03:00 - 51.960 DRAFTING OF A WILL OR TRUST IS
03:00 - 57.030 IT SEEMS TO ME THAT IF THEIR
03:01 - 02.140 BUSINESS PERSON. LAWYER.
03:01 - 07.230 CAN EITHER REFUND THE MONEY.
03:01 - 10.180 THE DOCUMENTS REFUND THE MONEY
03:01 - 16.160 FACE LIABILITY AND I FIND IT
03:01 - 19.840 LEGISLATURE INTENDED THAT
03:01 - 23.670 SO WE SHOULD EXTRAPOLATE THAT
03:01 - 27.170 LIABILITY.
03:01 - 31.770 SENATE MONUMENTAL PROPERTIES,
03:01 - 35.420 THE ERADICATION OF UNFAIR AND
03:01 - 38.100 NOT THE REDUCTION OR LESS AND
03:01 - 41.970 AIR IT'S INSIDE OF THE FAVOR
03:01 - 45.040 JUDGE. A JUDGE TO MAKE A
03:01 - 46.700 COMMON-SENSE EVALUATION OF
03:01 - 50.160 CONSUMER IS OVERSTEPPING THEIR
03:01 - 53.690 LEAD AND THE HANDLE IT SO THERE
03:01 - 55.230 HIS HONOR.
03:01 - 59.830 CONFINED TO THE IDEA OF STRICT
03:02 - 02.660 PROBLEM WITH THE INCONSISTENT
03:02 - 03.910 VERDICTS ESSENCE WHAT WAS
03:02 - 06.640 CHIEF THANK YOU VERY MUCH.
03:02 - 11.890 >>IT'S SHE. MISTER BAER AND ON.
03:02 - 13.540 >>THIS FOLLOW-UP TO JUSTICE
03:02 - 16.600 >>YOU KNOW THE PHRASE
03:02 - 21.520 THAT'S THE FIGHTING WERE PEOPLE
03:02 - 26.340 TO CLIMB NOW ISN'T
03:02 - 32.050 LOWER COURTS IN THIS CASE.
03:02 - 36.760 STRICT LIABILITY STATE.
03:02 - 41.910 IS A LATE WILL DISAPPEAR OR
03:02 - 46.540 A WAY TO WHAT HE CALLED US AND
03:02 - 48.560 THEY WERE BUT THERE WITHIN 2
03:02 - 52.210 GATE THEY WERE SAYING NO INTENT
03:02 - 54.920 AND THAT ONCE THEY SAW THAT NO
03:02 - 56.350 IN TIME'S RICK AND HE SAID
03:02 - 59.300 STRICT LIABILITY THERE'S NO
03:03 - 02.730 THE LABEL WE SHOULD BE CAUGHT
03:03 - 05.460 THE CONCEPT OF WHAT WE'RE
03:03 - 08.470 >>THAT LABEL LABEL GETS A LOT
03:03 - 11.100 >>IF.
03:03 - 15.560 IT'S NOT AND
03:03 - 19.630 NOT A STRICT LIABILITY STATUTE
03:03 - 23.440 >>NOW I THINK IT'S BROUGHT A
03:03 - 27.670 HE'S GOOD LEGISLATOR CLIPS THAT
03:03 - 31.740 OR NEGLIGENT ON DUCT THEY DID
03:03 - 35.230 DECEPTIVE. THE SEPT OF HAS A A
03:03 - 38.050 THE FIELD OF
03:03 - 41.130 INTERPRETED BY COURTS ALL OVER
03:03 - 43.320 FEDERAL COURTS IN THE FEDERAL
03:03 - 48.220 ACT WHICH THIS THAT IS BASED
03:03 - 51.260 I SHOULD MENTION THAT THE
03:03 - 52.530 FEDERAL COURTS LOOK AT THEIR
03:03 - 55.370 AND FINALLY THE STRICT
03:03 - 57.060 LIABILITY, THEY HAVE A PROBLEM
03:03 - 59.680 >>THANK YOU MISTER EAR.
03:04 - 02.790 DONE HERE.
03:04 - 06.500 THANK YOU JUST THE START OF
03:04 - 10.260 >>NOTHING SIR. THANK YOU YOUR
03:04 - 10.710 HEART.
03:04 - 13.100 COUNCIL.
03:04 - 18.580 THOUGH TENSION FOR SUBJECTIVITY
03:04 - 20.790 OR SUBJECTED CONFUSION SEEMS TO
03:04 - 24.850 APPELLANTS CONCERN DOESN'T BE.
03:04 - 30.960 >>THAT THEY HAVE.
03:04 - 40.530 CATEGORY.
03:04 - 45.130 THAT YOU'RE GOING TO HAVE A
03:04 - 51.100 EXPANSION. ACROSS ECONOMY SITE
03:04 - 55.050 BE POTENTIAL FOR GREAT
03:04 - 58.310 FACT FINDERS.
03:05 - 02.870 MAY BE COMMON PLEAS. JUDGE HAS
03:05 - 04.350 RUN THE COMPANY WOULD YOU HOW
03:05 - 04.760 WOULD YOU
03:05 - 06.920 RELATE TO THE APPELLANTS IN
03:05 - 08.250 THEIR ME KEYS POINT IN THAT
03:05 - 08.610 REGARD.
03:05 - 12.970 >>THE 3 LARGEST ECONOMIES IN
03:05 - 15.010 UNITED STATES, CALIFORNIA TEXAS
03:05 - 17.090 AND NEW YORK. NOW THE REQUIRE
03:05 - 19.130 PROOF OF INTENT. IT STARTS WITH
03:05 - 19.780 GOOD FINANCIAL
03:05 - 21.500 LOOK AT EVERY STATE THAT
03:05 - 23.140 SURROUNDS PENCIL WHICH DOES NOT
03:05 - 24.540 REQUIRE PROOF OF INTENT TO
03:05 - 26.300 ESTABLISH A CONSUMER VIOLATION.
03:05 - 28.540 SO. I WILL
03:05 - 30.240 SEE THAT THE B A.
03:05 - 33.020 A COMPELLING ARGUMENT FROM THE
03:05 - 33.720 STANDPOINT
03:05 - 36.810 G EVERYWHERE IF YOU'RE OUT
03:05 - 38.300 AND SYLVAIN YOU YOU DON'T HAVE
03:05 - 39.250 TO PROVE INTENT BUT IN
03:05 - 40.390 PENNSYLVANIA DO.
03:05 - 42.560 THEY DON'T POINT TO OTHER
03:05 - 43.750 STATES SAYING THERE WAS MASS
03:05 - 45.430 EXODUS IS FROM CALIFORNIA AND
03:05 - 46.610 CALIFORNIA SAID YOU DON'T HAVE
03:05 - 47.620 TO PROVE INTENT. THERE IS A
03:05 - 48.960 MASS EXODUS FROM NEW YORK,
03:05 - 51.440 ETCETERA ETCETERA. SO I I DON'T
03:05 - 52.750 THINK THAT THAT ARGUMENT REALLY
03:05 - 53.730 HOLDS ANY WEIGHT ON.
03:05 - 55.760 >>FINAL QUICK QUESTION SIR UH
03:05 - 58.970 WHAT YOUR
03:05 - 00.500 ADVERSARIES ARGUMENT.
03:06 - 03.010 ON THAT OF THE GENERAL ASSEMBLY
03:06 - 04.350 HAD WANTED THIS TO BE STRICT
03:06 - 05.680 LIABILITY THEY WOULD JUST SAID
03:06 - 05.930 THAT.
03:06 - 11.340 >>YEAH THEY COULD HAVE IT'S
03:06 - 12.860 HARD TO DELVE INTO THE MINDS OF
03:06 - 14.420 OUR STATE LEGISLATURE AND WHY
03:06 - 15.420 THEY CHOOSE THE WORDS THEY
03:06 - 17.280 CHOOSE. THEY DID AND
03:06 - 18.760 WERE DECEPTIVE. THEY MEANT
03:06 - 19.890 SOMETHING YOU HAVE TO BE A
03:06 - 21.750 LOWER STANDARD THAN FRAUDULENT.
03:06 - 23.330 THERE WOULD YOU TURN THAT TO
03:06 - 25.500 THE NATURAL GRETCHEN WAS
03:06 - 26.850 DECEPTIVE TO FIND OUT IF YOU
03:06 - 27.470 LOOK BACK TO
03:06 - 29.930 THE FTC. WHICH THIS COURT SAID
03:06 - 31.810 LOOK TO FOR GUIDANCE IN THE
03:06 - 33.060 MONUMENTAL PROPERTY CASE.
03:06 - 35.860 THE FTC DOES NOT REQUIRE INTENT
03:06 - 37.880 IS INTERPRETED AS A STRICT
03:06 - 40.280 LIABILITY STATUTE AS IT IS THE
03:06 - 41.130 FEDERAL DEBT COLLECTION
03:06 - 42.950 PRACTICES ACT AS YOU KNOW THE
03:06 - 44.210 THE OTHER FEDERAL CONSUMER
03:06 - 45.710 ACTS. SO WE WOULD JUST BE
03:06 - 47.000 FALLING IN LINE WITH THE REST
03:06 - 48.330 OF THE COUNTRY THAT WAY IN HOW
03:06 - 49.380 THE FEDERAL COURTS LOOK AT
03:06 - 50.550 CONSUMER FRAUD.
03:06 - 55.830 THANKS TO BOTH OF YOU.
03:06 - 00.570 >>I WANTED TO TAKE A ONE YEAR
03:07 - 03.470 FINE REMAINING MINUTE. AND SOME
03:07 - 04.460 ROADS IF YOU MIKE.
03:07 - 07.380 >>THANK YOU CHIEF JUSTICE.
03:07 - 09.390 WHEN INNOCENT CONSUMER IS
03:07 - 10.950 HARMED BY THE DECEPTIVE ACTS
03:07 - 12.400 AND PRACTICES OF BUSINESS.
03:07 - 14.310 THE CONSUMER IS NOT REQUIRED TO
03:07 - 15.800 PROVE AN INTENT TO DECEIVE IN
03:07 - 17.060 ORDER TO OBTAIN RELIEF.
03:07 - 19.200 THIS RULE FOSTER'S ETHICAL
03:07 - 20.470 BUSINESS PRACTICES AND
03:07 - 22.580 DISCOURAGES THOSE ACTS THE
03:07 - 24.460 CAPACITY ORIGIN TENDENCY TO
03:07 - 26.320 MISLEAD ALL TO THE BENEFIT OF
03:07 - 28.320 CONSUMERS, AN HONEST AND
03:07 - 29.970 ETHICAL BUSINESSES WHICH IS
03:07 - 31.170 CONSISTENT WITH THE GLOBAL
03:07 - 32.670 LEGISLATURE TO ERADICATE THE
03:07 - 33.760 USE OF UNFAIR BUSINESS
03:07 - 35.210 PRACTICES AND I FALL
03:07 - 36.790 IN LOVE HERE TO SEND HIS
03:07 - 38.120 POSITION IS BASED ALMOST
03:07 - 39.430 ENTIRELY ON DEFENDANTS
03:07 - 41.350 INTERPRETATION DICTIONARY
03:07 - 43.200 DEFINITIONS STATUTORY KAREN'S
03:07 - 45.500 LEGISLATIVE HISTORY. WITHOUT
03:07 - 47.140 REFERRING TO THIS COURT'S OWN
03:07 - 49.010 GUIDANCE PROVIDED LONGSTANDING.
03:07 - 50.710 THROUGHOUT THE YEARS ON
03:07 - 52.570 THE STATUE. THIS CASE
03:07 - 53.850 REPRESENTS THE COURT WITH THE
03:07 - 55.750 OPPORTUNITY TO CLARIFY THE
03:07 - 57.330 ELEMENTS OF A PROFILE PRIVATE
03:07 - 59.760 CONSUMER CLAIM. THE REAFFIRMED
03:07 - 01.360 THE BROAD REMEDIAL PURPOSES OF
03:08 - 03.590 THE STATE YOU AND TO ERADICATE
03:08 - 05.430 ANY LINGERING EFFORT WHO
03:08 - 06.970 INCORPORATE COMMON LAW
03:08 - 09.160 INTENT REQUIREMENTS INTO CLAIMS
03:08 - 10.690 ARISING UNDER THE UNFAIR TRADE
03:08 - 11.770 PRACTICES AND CONSUMER
03:08 - 13.270 PROTECTION LAW THAT'S ALL
03:08 - 14.760 PROVISIONS. THANK YOU.
03:08 - 15.900 THANK YOU.
03:08 - 18.010 >>THANK YOU BOTH OF YOU
03:08 - 22.100 NUCLEAR ARGUMENTS ARE SURE