Episode 20: Back in the 502
In this powerful episode of the Judgmental Podcast, Christine returns to Kentucky after an eye-opening trip to California, where she met with parents and advocates fighting for reform in the family court system. Joined by Hugh, the conversation dives deep into the emotional and systemic challenges faced by families navigating the courts, the lack of transparency, and the high financial and personal costs involved.
Key topics include:
Whether you’re a legal professional, someone affected by family court, or interested in justice reform, this episode offers raw insights, personal stories, and a call to action for greater accountability and compassion in the legal process.
Listen now to hear Christine and Hugh unpack the realities of family court and why the fight for transparency and due process matters more than ever.
You are listening to The Judgemental Podcast.
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:Speaker 9: We're Hugh and Christine, the
Minds Behind Judgy, the revolutionary app
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:that empowers you to judge the judges.
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:Speaker 8: It's pastime for
judicial accountability and
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:transparency within the courts.
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:Speaker 9: Prepare for sharp
insights, candid critiques, and
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:unshakable honesty from two lawyers
determined to save the system.
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:Speaker 10: We need some justice.
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:Justice, my fine justice.
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:And I wanna ring, be in public.
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:I wanna ring, be in public crowd.
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:Yeah.
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:Christine: All right.
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:Welcome to the Judgmental Podcast.
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:I am officially back in the
5 0 2 and happy to be here.
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:Hugh: You know, it's funny, the,
your setting behind you is not very
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:different than what it was in California.
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:Christine: Oh, no.
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:Hugh: The setup with like sort
of the cabinetry behind you.
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:Christine: Yeah, I mean, I
had, it was a, an experience.
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:I met so many parents and
obviously they were so gracious.
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:I stayed in this like amazing home.
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:We recorded for hours and
hours and being under studio
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:lights like all day, like I am.
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:Exhausted emotionally,
physically, all the things.
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:But yes, they were so kind to like
open their home and it was just
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:though like a trauma dump of emotions.
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:Hugh: So how, how long was the trip back?
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:Christine: I think like 18 hours.
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:I like an idiot.
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:I took a red eye outta LAX
and I had a layover in.
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:Orlando, and so I am jet lagged beyond.
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:But I wanted to jump on and just
start recording quickly because
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:I wanna talk while the emotions
are still raw about what I saw and
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:kind of how this trip changed me.
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:Hugh: Okay.
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:Yeah, absolutely.
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:So maybe start with the primary
purpose of heading out there and
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:how the, how the trip originated.
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:Christine: So I think we were, I was
invited out there to do some recording
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:for what hopefully will be a documentary
talking about family court issues.
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:You know, I was found by someone who
says, I'm the first attorney they've
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:ever seen to speak about the problems
in family court and it's hysterical.
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:One night we stayed up late like drinking
wine, doing an interview that was very
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:much like reacting to what we saw and
she was like, I'm not gonna lie, I
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:swear when I first saw you, I was like,
guaranteed this woman's been disbarred.
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:And I'm like, never had a complaint.
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:Because they're so used
to the retaliation.
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:I mean, obviously all the
people that I spoke to had lost
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:their children in family court.
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:And so to say that they have a different
perspective on life and how the systems
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:work would be an understatement, right?
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:Sure.
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:Hugh: Absolutely.
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:So they, they would've expected that
you would've been disbarred because
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:you speak out against the system.
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:Christine: Yeah.
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:Hugh: Or that you're, you're, you're angry
that you got disbarred, so that's why
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:you're speaking out against the system.
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:That's the only reason that, that
someone would actually speak out.
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:Christine: Yep.
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:And I think that goes to show, like
you and I have had conversations about
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:this, but this really changed how I'm
going to report and look on cases.
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:Obviously I've been in this
space about two years off and on.
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:I took time off, but you know, we don't
talk a lot about it on this platform,
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:but I've gotten a significant amount
of hate and rumors and anonymous Reddit
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:post and yada yada yada Idiocracy to the
10th degree because I literally just.
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:Talk about the truth and the problems,
but I still think I've been doing it
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:from a perspective of I was an attorney.
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:You know, I have sympathy for attorneys
going in front of some of these judges
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:and the way these judges behave.
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:But it was unreal to watch
it happen to all these people
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:without knowing the players.
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:You know what I mean?
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:Hugh: Yeah.
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:And I mean, it sounded to me
like a lot of these people had
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:not gotten a lot of, a lot of.
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:One-on-one time with their attorneys while
they were going through this process.
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:Christine: Oh yeah.
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:And the bigger thing, all of like, so
when we went down to court, and so,
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:you know, as an attorney I've probably
been, I don't know so many courthouses.
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:Right.
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:You have two.
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:And you didn't go to law
school in Louisville?
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:I didn't go to law school in Louisville.
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:So the courthouses, you know,
I'm sure you've been to the
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:ones where you went to school.
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:I have too.
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:I am not intimidated by courthouses.
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:It would be like a doctor going
to a hospital, even if it's
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:not the hospital they work at.
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:It's just not an intimidating setting
where the litigants, it's terrifying.
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:Right.
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:It was bizarre to see literally
same play, different actors.
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:Like I swear I saw the attorneys that
are all like working for the state
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:and making, I don't know how they
survive in Orange County making minimal
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:money, but they have this power.
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:Over wealthy people.
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:Mm-hmm.
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:And then you saw like three or four
high asset, you know, attorneys, and
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:then you saw some of these judges,
this magistrate I was in front of.
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:I mean, I swear to goodness, it was
like watching Jessica Stone in court.
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:I mean, when she walked out I
was like, that's Jessica Stone.
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:But it was just bizarre to see the
players and to know that like it's
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:the same courthouse, the same system,
the same people that are GS FOCs.
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:Their version is minor's counsel, the
custodial evaluators, the parenting
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:supervisors, which they have a huge market
for supervised parenting in Orange County,
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:and people are, they're the supervised
parenting people are billing 500 an hour.
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:Hugh: 500 an hour to supervise
people's parenting time.
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:Yes.
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:Does this, does this do you, were you
able to tell, does this, is there like
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:a physical location where everyone
does this or they're coming out and
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:this is private, they're supervising in
people's homes and charging that rate?
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:Christine: I think it's both.
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:But during, I went and watched one of the
protests, the family court protest and
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:there was a man and a parenting supervisor
that were like screaming at one another.
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:And this was like an aha moment.
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:I'm not ready quite yet to say the GAL
that this woman repre reminded me of.
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:I mean, if I tell you the facts,
you'll know immediately who it was.
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:Sure.
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:But they were getting into it.
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:And this parenting supervisor
was, he threatened me.
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:He threatened me, he's threatened me.
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:Get away from me, sir.
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:And it's like I have been threatened.
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:And this was in court.
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:No, this was outside court
and she'd come to watch.
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:And again, I am not making any assumption
as to whether or not this dad that
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:I met for three minutes is, I'm not
making any assumptions about him.
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:Right.
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:But what I will make an assumption about
is I've been threatened and if someone
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:actually scares me, I don't put my hand
in their face and scream at them, period.
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:You know, that's, that's
not logical to me.
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:And then she was doing what I consider,
I felt like the whole day was just
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:like this big gaslighting thing.
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:Like the way people in court spoke to me,
this woman was like, he's threatened me.
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:He's threatened me,
look at these messages.
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:And then she told me, like secretly,
she was like, you know, he's got guns.
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:And I'm like.
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:Honey Bunny, I'm from Kentucky.
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:Like somebody having guns doesn't
mean that's not an automatic thing.
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:When I go to buy
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:Hugh: coffee, my barista's
probably packing.
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:Christine: Right?
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:And it, you're just, it was
like she was sitting there.
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:Vilifying the guy trying to
convince me of her story.
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:And it was just bizarre because she's
got court immunity because she's
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:appointed and this guy right or wrong
has lost his children, and there was no
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:empathy or understanding that it wasn't.
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:All about her.
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:You know what I mean?
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:And so I know you know which
G-A-L-F-O-C I'm talking about, but we
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:have one in Kentucky that everything
ever that happens is all about her.
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:You know what I mean?
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:And she is, she has no children.
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:I have no children.
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:And she.
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:Themes that she's qualified to,
you know, understand all of these
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:super complex therapeutic issues,
which personally, I think is insane.
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:And let me just say one thing,
like, and I know I'm on a tangent,
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:but my name's Christine Miller.
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:I'm an attorney.
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:I am not qualified to decide that
understand the therapeutic issues
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:of parenting and qualified to say
people should or shouldn't have
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:their children removed from them.
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:I didn't learn that in law school.
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:Okay.
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:I have no training to do that whatsoever.
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:So when I say this about Gs or FOCs or
custodial evaluators, it's not that I'm
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:saying I'm qualified and they aren't.
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:It's that we all aren't
qualified for this.
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:Yeah, absolutely.
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:You know what I mean?
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:Hugh: And I, I think we might be less
qualified because of the unhealthy
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:dynamics that we see as part of our
practice and family law practice.
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:We don't see a lot of healthy dynamics.
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:The, I would imagine that.
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:I, there are a lot of situations
that I would see that I would
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:think, oh, that doesn't look so bad.
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:I've seen far worse than that, but that
most normal people would be looking
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:at thinking, oh my god, red flags.
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:Right.
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:Christine: No, you couldn't
have said it better.
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:And also, I.
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:You know, I don't know how to say this
other than to say it, but all I'm sitting
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:here, all these people are telling
me all of their traumas, you know?
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:My son was threatening to unlive himself.
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:I haven't seen my 10-year-old.
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:I was breastfeeding my.
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:Baby.
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:And she was like, I call him chunk,
and he was a little chunk, like she
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:showed me pictures and it was just
like that, that I lost my kids.
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:And our brains as lawyers are trained
to sort of not hear that, right?
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:Mm-hmm.
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:Like, it's like, okay,
where's the legal issue?
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:Yep.
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:Like I'm not, I can't say it enough.
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:I'm not a therapist.
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:I don't know where to store these traumas.
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:You know, I've got my
own fucking problems.
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:Like, not to discount them, but
I don't know how to cope and deal
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:with things that happen in my own
personal life from a therapeutic
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:standpoint, let alone someone else.
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:Like I have no training.
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:Yeah.
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:Other than being a human being.
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:Hugh: Well, and, and I remember
that talking with clients.
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:You talk to clients and they start
telling you the, the emotional
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:side of things, and you're next,
the next thing out of your mouth.
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:Isn't like a normal human, it's,
well, was there a hearing on
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:ect, on KRS, blah blah, blah.
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:And you just ask a procedural question to
make sure that, you know, you're looking,
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:you're hunting to see if something was
done correctly, whereas the, the human
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:thing to be, you know, that they're
expecting is, oh, that's so awful.
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:And just to talk about the, the
trauma they've been through.
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:So,
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:Christine: yep.
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:Hugh: Yeah, I, I would imagine that
that makes, I, I would think that
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:would make me less qualified to.
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:To talk about normal family re
you know, normal family dynamics
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:and, and whether or not a specific
circumstance is healthy for a child.
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:Christine: Right.
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:And we as lawyers, you know, I be,
we all became lawyers for different
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:reasons, you know, obviously.
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:My route, you know, was I
loved being a public defender.
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:If I could do anything and make a living,
I would go back to being a juvenile
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:public defender all day, every day.
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:But I wanted to be a lawyer because
I wanted to, you know, you grow up
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:in the era of watching all the movies
and you wanna like, help people
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:or expose problems or like quote
unquote, you know what I'm saying?
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:And then you have these group of people
that are like, they adamantly believe
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:all of the lawyers are in on it.
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:And I wanna give them credit in instead
of being like, oh, that's crazy.
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:Like in hearing their stories and the fact
that they're sitting there talking to a
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:Kentucky attorney and I'm the first person
that's told them, yeah, this is nuts.
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:Like we as lawyers have to do better
and we have to realize that our job
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:is not just to bill a hundred thousand
dollars on a case and keep it moving.
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:It's to, you know, lawyers are supposed
to be, to some degree truth tellers.
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:Right.
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:Hugh: Yeah.
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:No, absolutely.
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:And, and I think that's
an interesting transition.
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:'cause I was, I was about to ask
you, you attended while you were out
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:there, a, a protest, a family court
protest, and were a bit surprised at
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:the reaction to you as an attorney
coming to a family court protest.
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:Christine: Yes.
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:I mean, and I don't.
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:There are so many people that have been
in the fight for so much longer, and
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:it's actually personally affected them.
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:But it was one woman was like,
we don't know who to trust.
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:Like we don't know.
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:Who's gonna use, you know, exploit
our traumas for their own gain.
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:Why, why do you care about Kentucky?
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:Like, or like why do you
care about California?
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:And to go back to that, the reason
I care so much about California is
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:this whole cameras in courtrooms,
which, if this is the first episode
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:you're listening to, please go back
and listen to Hugh solo episode about
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:just kind of the background and the
importance of cameras in courtrooms.
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:But there is a different level of
gaslighting in California because.
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:The two themes, these people, there's
no cameras in courtrooms and these
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:people have to fight tooth and
nail and spend thousands of dollars
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:just to get what limited existence
of a record exists in their case.
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:Hugh: Yeah, and it sounds like a
lot of them had never, like a lot
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:of very serious things had happened.
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:They, their decisions had been
made regarding custody, parenting
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:time long-term decisions, and they
had never actually been through
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:a hearing and gotten to testify
or tell their side of the story.
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:Christine: Oh yeah,
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:Hugh: that's, yeah, that,
that part is shocking.
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:And, and you know, I, I, I said in the
last podcast that I am realizing some
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:of the, the benefits to the way that
our court systems work here in Kentucky.
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:I mean, we really do
some things right here.
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:The, we, we, we get transparency
right, in a lot of ways and.
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:We give people hearings.
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:I mean, a lot of time, we talk
a lot on here about decisions
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:being made without hearings.
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:It, it happens all the time
and it's still a big problem.
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:Due process is still denied to people,
but it, it's, it's still more the norm.
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:The the the exception than the norm.
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:It's not systematized.
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:You have to fight just to, I mean, some
courts it's better than others, but.
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:The fact that certain things could
even happen without a trial or without
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:a hearing was really shocking to me.
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:Christine: Yeah.
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:And I do wanna be clear though,
because like I said and this is me
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:personally and I, it's frustrating to
have to say this every single time.
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:It's idiotic to think that a human
being speaking, utilizing their voice is
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:somehow speaking for another human being.
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:But you and I both know, or I know
for a fact that there have been
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:conversations here in Louisville, Kentucky
about denying us access to courts.
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:Yes.
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:Figuring out things to make
sure that we can't go to court
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:because they are so concerned
that we are making them look bad.
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:And that in and of itself shows
what these systems are like.
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:They.
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:They need to quit worrying about me
and they need to quit worrying about
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:you and they need to do their job.
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:Period.
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:End of story.
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:You know what I mean?
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:I mean,
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:Hugh: and we'd talk about it too.
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:We, I mean there, there have been
some changes and some things that that
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:happened I'd like to think of in part
because of what we've been doing on
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:the podcast, and certainly there's
been meetings about it and about us
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:specifically, and it seems like an
opportunity just to correct some problems.
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:And Yeah, instead of making things worse,
and I, and I fear that I mean there
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:are a lot of broader things going on
in our country that I fear will, will
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:lead to more protection from the public
protection of the courts, from the public.
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:And, and I think that, that, that just
leads to more of these systems that
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:are toxic and, and that don't serve
children and don't serve families.
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:Like you've encountered.
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:Christine: Yep.
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:Hugh: I think one of my takeaways
from what you've conveyed to me from
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:your experience is that oftentimes
when we're talking about more of
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:a national concern about courts.
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:People are always talking about the
court system being this money making
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:machine and it just drags things out
and people are making a lot of money
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:on it and all, and I can see that
to a certain extent where we are.
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:But the people, you know, the, the,
the fees that p the, that court
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:appointed attorneys are paid are
not very high here in Kentucky.
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:You GA's FOCs, custodial evaluators
can be paid a health a healthy fee
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:if it drags out for a long time.
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:But in some of these other places,
it's a whole different world, $500
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:an hour to supervise visitation.
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:I mean, we have people that come
to homes and supervise visitation
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:in Kentucky, and it's, it's
absolutely might be a 10th of that.
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:I mean, it's, it's really incredible
the amount of money that almost
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:everyone that you spoke with had
spent on the process and none of them.
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:Are through with the process.
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:It's just this ongoing, no end in sight.
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:Yeah.
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:Spend hundreds and hundreds
of thousands of dollars.
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:Christine: And I think that's the game.
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:And I think that's why
they think it's the game.
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:And from my perspective, to be
clear again, there are people that
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:deserve to lose their children.
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:There are people that
deserve to go to prison.
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:Hugh: Oh yeah.
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:Christine: But that
comes with due process.
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:That is literally the radical conspiracy
theory that Christine Miller is a
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:spouting, I believe, in this country.
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:You shouldn't lose a fundamental
Right without due process.
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:Hugh: Yeah.
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:Christine: Period.
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:And I do think that, ooh,
that's, that's a tough
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:Hugh: one.
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:I, I mean, I think we gotta
slow down a little bit.
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:Christine: Oh, right.
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:I mean, what anonymous Reddit post
is gonna come from me saying that.
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:Yeah.
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:But I do think, and I want you to go
I know we talked about this, but I
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:would love for you to go see court in
a different jurisdiction and talk to
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:some of these people, because I think
we've really stumbled upon something
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:much bigger than, you know, a.
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:Person of mediocre, intelligent, doing
TikTok dances and exploiting domestic
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:violence victims, like this is a
fundamental problem in our country, and it
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:hasn't happened as much to you like yet.
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:And don't get me wrong,
it's coming and, you know,
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:yeah.
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:But just the hate and the rumors and
the slander and all of the mixing
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:everything up, but this really
emboldened me to speak much more about.
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:What actually is happening
and the patterns.
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:Because patterns expose problems, right?
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:Hugh: Yeah, absolutely.
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:And this is
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:Christine: happening everywhere.
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:Hugh: Well, you asked me all the time why
I'm not on social media and I've, I've
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:been able to avoid a lot of the hate.
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:But I also think that, you know,
very unfairly that I will get a
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:different side of it and it'll be
far less personal because I'm a
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:male and I think that's despicable.
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:And I see the words that people use and
the criticisms that come out, and it's
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:just, it's absolutely just ridiculous.
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:Christine: Yeah.
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:And I think we had a mutual friend of
ours text me and be like, you know,
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:you put yourself out there so much.
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:And so it's just, I'm owning it.
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:I'm embracing all of the things
that they say and I think they've
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:made a mistake with me and thinking
that that would silence me.
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:And I also think they started talking
shit about me a little bit too soon.
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:Do you know what I mean?
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:Like, we had something that
happened right before I went to
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:California that you're aware of.
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:That was super, I mean, hurtful was
the word, I guess you would say.
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:Yeah.
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:And just like enough is enough, correct.
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:Yeah.
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:You know, the fact that I've spoken
out about a judge violating statute
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:by Sue Ponte setting a shock
probation hearing is not racist.
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:Okay.
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:That is just basic.
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:But not to get off on a tangent,
I just think that, you know,
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:when I was sitting in this home
that I, I can't afford, right.
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:And I had all these parents
around me, like I was basically
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:just like their like drug dealer.
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:They were like, well, what about this
and what, and this is the part that's
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:so devastating is like they're reading
the constitution, they're reading
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:statue, and they're just looking for
like one answer to expose the problem
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:instead of realizing that the system,
like you say, every single time we've
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:created a machine and the machine is
going to keep the machine running.
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:Yep.
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:Hugh: No, that that's true.
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:It's also, you know, the experience
that these are represented people.
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:You are out there and they're looking to
you for answers when they have attorneys.
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:And it goes back to, you know,
your statement that we need
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:to do better as attorneys.
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:That, that's a big takeaway that I've
had from these people's experiences,
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:especially given the reports.
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:You know, what they told you, they,
they had spent on attorneys and the
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:things that they didn't know and that.
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:They were asking you about just very
basic, basic trial practice things,
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:preparing for testimony and things
that no one had ever prepped them on.
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:Christine: Oh, yeah, that was one night.
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:I just did the whole, you know,
like, state your name for the
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:record, how old your child.
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:Yeah.
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:And afterwards the woman was
like, I've never done that before.
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:It was so scary.
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:And you're just, you know, I did,
I cried a little bit thinking about
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:it after, because I can't understand
the emotion of losing your child.
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:I can't understand.
423
:You know, all of the
things that go in with.
424
:Getting divorced and you know,
not having access to your children
425
:even like you used to every day.
426
:But what I can understand is
what a lawyer's supposed to do.
427
:Yeah.
428
:And how a lawyer is supposed to
manage client expectations and educate
429
:clients on the law and legal arguments.
430
:And it didn't appear from any
of the people that I spoke
431
:to that that was happening.
432
:Hugh: Yeah.
433
:So is it fair to say, I mean, the, the
perspective just has changed a little
434
:bit because you and I as attorneys,
most of what we learn about cases and
435
:about the things that have gone poorly
in court have come from case cases that
436
:have been published or stories from
other attorneys or things that we've
437
:watched with attorneys arguing it.
438
:And you've now seen sort of a
different side because you're,
439
:you're seeing it from the litigants.
440
:Outside of the attorneys.
441
:And, and I know that on this podcast
we're, we're focusing on the courts and
442
:not necessarily attorneys, but mm-hmm.
443
:I think it's important for people to hear
that, you know, we're, we're considering
444
:all of that and we're not, our position
is not that attorneys are all great
445
:and they're doing their jobs and the
courts are, are, are in bad shape.
446
:There are a lot of issues with, with
the, the attorneys that are practicing
447
:in the courts and I think we've
recognized a lot of it is people that,
448
:you know, I, I see people that get
lazy in their practice and sell their
449
:clients out sort of as part of the
system because they can't rock the boat.
450
:Mm-hmm.
451
:They are in the same courts over and
over and over again and they would
452
:rather not push too hard for this
one client 'cause it could hurt their
453
:other clients and those compromises.
454
:That, that's not what
attorneys are supposed to do.
455
:And if you get pushback from a
court, you, you can't, you can't
456
:say, well, you know, I have to come
back in here on this other case.
457
:I'm just going to sacrifice
this, this client and, and
458
:let them take the fall for it.
459
:'cause the client's, the, the
judge is already already mad.
460
:And I'm not gonna, I'm not gonna stand up
for my client here because I want to have
461
:a better day next week when I'm in here.
462
:In something else.
463
:That's not what we're supposed to do.
464
:Christine: No, and if you even think,
like I talked about the movies from
465
:the nineties, you know, like think
about Aaron Brockovich and in all of
466
:these movements, if you wanna think
about major corporations committing
467
:environmental and fractions that harmed
families, or, which is by the way,
468
:Hugh: why I got into the law.
469
:Christine: I know.
470
:Yeah.
471
:I was thinking about that being out in
California because that's where, you
472
:know, all of that litigation mm-hmm.
473
:With pg and e was, and those people that
claimed pg and e was poisoning them.
474
:They were labeled as Crazy nut job,
radical conspiracy theorist, whatever.
475
:You know, the attorneys that
initially represented them were
476
:labeled as Whack jobs out there.
477
:No way.
478
:Right?
479
:Like, hi, we History has a way of writing
in these quote unquote, like people
480
:like Aaron Brockovich as somehow not
getting significant pushback at the time.
481
:Or you think about.
482
:I had a meeting last week talking
about you know, some of the things
483
:that have been going on here
locally, and it's like before:
484
:It was not popular to talk about
racism or police brutality.
485
:Okay.
486
:People weren't doing blog,
lawyers weren't doing blog posts
487
:saying, hi, my name is so and so.
488
:Mm-hmm.
489
:And I'm adamantly anti-racist.
490
:They're doing it now because.
491
:Hopefully they are that way.
492
:Right?
493
:That's an ideal way to be, but they're
doing it because that is what is
494
:popular and what society now claps for.
495
:Hugh: Well, but I think we, I think we
may have turned away from that a little
496
:bit more than I would like, but Yeah.
497
:Agreed.
498
:Christine: I mean, I, I, you know,
this is like where the talking
499
:points get weird because like, I
want nothing to do racism, sexism.
500
:Any of that kind of
stuff, like whatsoever.
501
:But I do think we have to look
at the fact that there are people
502
:that exploit issues of, and so
when it's convenient of to Yeah.
503
:When it's convenient to have
a Black Lives Matter sign.
504
:It's politics.
505
:It's politics.
506
:They have it.
507
:Hugh: Yeah.
508
:Right.
509
:But I mean, the same way it's,
it's convenient to have an easy,
510
:repeatable criticism of you that
can completely distract from
511
:what you're actually criticizing.
512
:Right.
513
:And you've seen it and it
continues, and I'm going to see it.
514
:So,
515
:Christine: yeah.
516
:Oh, absolutely.
517
:And so I think that those things just
weren't popular, and I swear, I'm telling
518
:you I, I believe this with every ounce of
my being, the movement about the problems
519
:in family court will be bigger than BLM.
520
:Hugh: Wow.
521
:Okay.
522
:That's a prediction.
523
:That's a prediction.
524
:Now, I've, I've learned not to bet
against you, but I'm interested to
525
:see how that how that turns out.
526
:Christine: And I hope that it's
just to expose the problem.
527
:And I do think like the lawyers in
particular, like if you were to go to
528
:criminal court and cover a bond for,
let's say like possession of matters,
529
:portraying children in essay type things,
and you were to have a camera and you
530
:were to record this bond hearing you.
531
:No one's going to say anything
negative about the public defender
532
:or the defense attorney that's
appointed to represent this person.
533
:No one's gonna say anything bad about the
reporter that comes in and records this.
534
:No one's gonna say anything about, you
know, the judge that sets a bond because
535
:we have, to some degree, normalized
cameras and courts and transparency in
536
:courts when it comes to certain arenas.
537
:Yeah, absolutely.
538
:For, for whatever, yeah,
for whatever arena.
539
:But only because we've had
540
:Hugh: to, only because the, the
Supreme Court told us we had to.
541
:Christine: Yeah, but for whatever reason,
like people just have this reaction that
542
:family court should be done in secret.
543
:Mm-hmm.
544
:And just a little bit like I called
you for y'all, I went to the courthouse
545
:and there are signs on every door, two
signs on every single door that say
546
:basically if you take a picture, if
you take any sort of recording it's
547
:a violation of California statute.
548
:And I mean, it is.
549
:Taken very, very seriously.
550
:Well, we watched that viral
551
:Hugh: video of a woman who took a
snapshot of just a one picture of
552
:her son in custody to be able to just
prove to family that he was healthy
553
:and she got locked up on the spot.
554
:Christine: Oh, well, I mean,
that's in the courtroom, Hugh.
555
:Yeah, I'm talking about in the lobby.
556
:Hugh: Oh, in the courthouse.
557
:Oh, no.
558
:Christine: Yeah, you're talking
about, you're talking about anywhere.
559
:No, I really think if you would've
taken a picture in the lobby or
560
:even taken a picture of the sign,
I think they would've arrested me.
561
:Oh my gosh.
562
:I think it would've
been a serious problem.
563
:Like I went, 'cause I, on these signs,
there are two things I wanna talk about
564
:and then we can wrap up for the day.
565
:But like on these signs it says
you can get a media request.
566
:So I was like, okay, we're media.
567
:I'll go down and get the form.
568
:And so I go down and wait for like
20 minutes, 30 minutes, however long.
569
:And I was like, Hey, I need
to get a media request form.
570
:And they were like, what?
571
:What?
572
:Like they looked at me like I had
just said something in Arabic.
573
:Hugh: They thought, oh, what
celebrity is getting divorced?
574
:The, the people are interested
and, and someone's, someone's
575
:asking for immediate request for,
576
:Christine: well, they, they acted
like it was foreign and they
577
:were like, can you go outside?
578
:But no one had ever done it.
579
:Go
580
:Hugh: outside.
581
:Christine: Yeah.
582
:Can you go outside?
583
:And I was like, of course I can go
like, not outside the courthouse,
584
:but outside basically their clerk.
585
:And I was like, sure.
586
:So I go back outside and they wrote on
a post-it note, a phone number for me
587
:to call, and I was like, no, no, no.
588
:I'm gonna get the form.
589
:So I go back in, I'm like, you
said, for me to wait outside.
590
:And they're like, we
don't know what to do.
591
:And they bring me out basically like
our version of like a A OC form.
592
:And it, that's when I called you.
593
:'cause I was like, this is not normal.
594
:Like you would've thought I'd
asked for something radical.
595
:But media is not reporting on these cases,
and it's my understanding, 90% of media
596
:requests or more are denied by the courts.
597
:Hugh: Wow.
598
:Yeah.
599
:I mean that's so I was
600
:Christine: telling Oh, sorry.
601
:Hugh: No, no, no.
602
:I just, yeah, that's shocking to me.
603
:Christine: Well, I was telling all
the parents, like for us as lawyers
604
:and stepping into journalism or just
storytelling, you know, because there's
605
:some component where we're podcasters,
we're telling stories, but I literally
606
:cannot verify what it is that they're
saying because where's the record of it?
607
:Yeah.
608
:And then last, this was the
thing that really hit me.
609
:This was like, I am in a
developing country, no doubt.
610
:Is there was a signage up that said
that parents, friends, family members,
611
:due to limited seating, can't come in.
612
:And I sent you a video of the courthouse.
613
:I mean, the courthouse is huge.
614
:Hugh: Yep.
615
:Christine: Yeah.
616
:And so in what world, like, you know, you,
you talk about like the downfall of de
617
:demo, like democratic countries democracy,
and one of the first things that you hear
618
:over, you know, historically speaking
is limited access to a judicial system
619
:that is fair, efficient, and transparent.
620
:Mm-hmm.
621
:Hugh: Yep.
622
:Yep.
623
:The courts, once it becomes secret
and they can do whatever they want,
624
:and there's no record of it, and you
c you don't have any real recourse.
625
:Christine: Yep.
626
:Hugh: Boy, it, yeah.
627
:Hard to walk that back.
628
:Christine: And we are in, we
are in real, real trouble.
629
:Seriously.
630
:Hugh: Well, my hope is that
people here listening will not.
631
:Take those same steps.
632
:I think it's extremely important that
more courts become, like we have here
633
:in Kentucky, where they are open and
people can view and access and see
634
:what's actually going on in the courts.
635
:I mean, it's, yeah, it's
big worry of mine, but.
636
:As of right now, we have, we have a
pretty open system here and I, I was very
637
:fortunate enough to practice in a system
that, I mean, I took great advantage
638
:of it as a litigant, but I always felt
that even when things were going very
639
:poorly, there's always recourse and
I could show exactly what happened.
640
:I didn't have to come in and,
you know, my word against someone
641
:else about what happened in there
because there's no recording of it.
642
:That's, that's crazy.
643
:In fact, here, if something
happens in the recording.
644
:You know, isn't made.
645
:Sometimes you have to have the proceeding
all over again because it has to be,
646
:there has to be a clear record of it.
647
:Christine: Well, that's two things.
648
:One, one of the recordings
that I requested of the case
649
:that you and I watched mm-hmm.
650
:Where the friend of the court tried
to get the attorney to speak on
651
:her behalf, that motion hour, that
recording, they can't find it.
652
:Okay.
653
:That was a couple weeks ago.
654
:Mm-hmm.
655
:Mm-hmm.
656
:We, so that's here in
Louisville, Kentucky.
657
:And two, what I realized in, you know,
you and I, getting tapes and going
658
:into the tape room is probably very
different than how a pro se person
659
:is treated going in to that arena.
660
:And I'd to follow it depends, depends.
661
:Somebody,
662
:Hugh: it depends on, depends
on what we're asking for.
663
:I mean, I have had times where.
664
:I mean, what do you, what do you
say the normal period of time is?
665
:Within two weeks, usually there's a
video available, but usually I found
666
:that it was four, four or five days.
667
:Christine: Oh, that,
668
:Hugh: oh, like if I needed a, if
I needed to get a video, because
669
:I might have to do a CR 59.05
670
:motion or something like that, which
is a motion to alter vendor vacate in
671
:the federal courts and in Kentucky.
672
:It usually has to be done
10 days after a ruling.
673
:So I would want to have the video
so that I could have the record
674
:once the ruling came out, and I
could get them fairly quickly.
675
:But then there were times where if I
had filed a writ and I had challenged
676
:a judge on something and something
had happened or there had been threats
677
:made toward me by the, by the court
in, in that hearing, and I would go
678
:immediately down and put the request in.
679
:It might be six months before
that that video ever made it down.
680
:So I know that that stuff happens.
681
:I know that, oh yeah.
682
:Those things are withheld.
683
:I just think as a system, you
know, that's, that's people
684
:trying to go around the system.
685
:Our system here still, it's
supposed to have the video being
686
:available to everybody but you.
687
:But I mean,
688
:Christine: is it, you know,
it's a slippery slope.
689
:Like these things happen
slowly, but I don't think I.
690
:My word.
691
:If it's controversial to say it, then
I'll just say it, but there's no question
692
:that Christine Ward and Brian Gatewood
take forever for tapes to come down.
693
:I mean, I don't think
that's radical, is it to say
694
:Hugh: No.
695
:I've had, I've had Gatewood take
many months and it was something
696
:that we requested a video.
697
:In another case that was before him,
that wasn't really that important
698
:to see if it was really something
going on with the system or not.
699
:And of course we got that tape and
it was it just, it seemed to be a
700
:cer certain cases are, are held.
701
:So yeah, I've, I've experienced that.
702
:Christine: Are certain practitioners, and
I had all these parents reading Adair vs.
703
:Emberton too, by the way.
704
:And they wanna figure out what
the California a dare law is.
705
:And that's the kind of stuff that will
make you cry, like literally will make you
706
:cry like they are so desperate for help.
707
:Hugh: They're sitting there, but how would
an not be able to talk to them about it?
708
:Like I'm, I was always such
a geek about this stuff.
709
:I probably talked to my clients too
much about it, but they'd be talking
710
:about it and I would say, well,
this is why it works this way and
711
:this is where we can take advantage
of it 'cause they're not doing.
712
:And I would explain all of that, and
then I would, I would often email
713
:statutes and say, this is the one I
was talking about in our conversation.
714
:You may wanna read through and
see how this mechanism works.
715
:I, I wanted people to get that.
716
:I didn't want them to think that
I was just telling them what I.
717
:I believed in, you know, the, the, I
wanted them to understand why I was
718
:giving them advice, because frankly, it
made my life easier if they followed it.
719
:Christine: Well, also, I didn't become
a lawyer to just like, I mean, certainly
720
:if I did become a lawyer just to make a
bunch of money, I have utterly failed.
721
:But I literally love the law and
love having those conversations.
722
:Yeah, me too.
723
:And I.
724
:You know, I, I just got a text message.
725
:I want you to stay on.
726
:We're gonna wrap this up real quick.
727
:We're both having a beer.
728
:I'm having a rolling rock.
729
:It, jet lag is real, but we're gonna
put this on a cliffhanger because I
730
:just got a text message that's going
to cause Hugh Barrow to throw something
731
:and he was not a violent person.
732
:Oh.
733
:But you are not gonna believe
I'm being, I'm kidding.
734
:And if you No, no, I gotcha.
735
:Hugh: Well, I will see,
see, your Rolling Rock.
736
:Or I can
737
:Speaker 4: raise
738
:Hugh: you a, a Country Boy Brewing Co.
739
:Nacho Bait
740
:Christine: Oh, you're so good.
741
:Y'all judgey judge y.com.
742
:We promise to keep this going and
if anything, you know, I think that
743
:we are both emboldened to talk about
this stuff more from a non-partisan.
744
:The law matters.
745
:Work ethic matters.
746
:Right.
747
:Hugh: Yep.
748
:Absolutely.
749
:And I think that, that, that's gonna
be more important for us to say,
750
:given how every single issue seems to
be looked at through a lens, right?
751
:A certain lens, one side
or the other right now.
752
:And that's, that's not our aim whatsoever.
753
:Yep.
754
:This is just black and white.
755
:Wow.
756
:Thanks guys.
757
:Peace./
758
:Speaker 2: Next call.
759
:We need some
760
:Speaker 3: justice, justice, justice.
761
:And I wanna ring bells in public.
762
:I wanna ring bes in public nor crowd.
763
:Yeah, but I To the fo Yeah.
764
:I To the fo Yeah.
765
:Speaker 7: I to the fo fo
766
:teaser.