the supreme court said pretty much judges are immune from anything and alas they don't have jurisdiction if they act in a clear absence of all jurisdiction and that's what it is we take a few words that seem to have very plain and simple meaning and they need different things to different people depending on where you're looking at it ok so here the judge law and he thought that it is power to revise was a two way street but it was only one way street basically while the end of the absence of jurisdiction the record of what happened later is what illustrates what he was doing even when he got an order from his nevada supreme court in my client's case telling them judge you have no jurisdiction you didn't enter a written order why don't you enter a written order and an essence of facts the case so we don't have to deal with that's my point the i think if we look to the standard of those cases in the second circuit out a new york where they say that you got really two questions what a reasonably prudent judge acting under the same or similar circumstances have thought he had jurisdiction i would go back to something basic every last known every first year law student learns that when there's a final judgment your so they fashioned the key to the court they gave him a key in the court that said in post conviction proceedings you can do these things as long as you're doing these things you have the key to go into the probation the judge had jurisdiction clearly to revoke her probation where he sentencing the defendant is a completely different proceed here than revoking probation that's almost the same as if  i filed a lawsuit for a slip and fall case and then when i come into court i start arguing about an airplane crash there are completely different cases and it's a completely different thing now this is not a justice of the peace versus our criminal court judge who went to law school who pratt then on the bench for twenty some years i don't know how long he practiced prior to that and the idea that your fashion the only fashion of your jurisdiction is limited i think it is very clear and it's clear he  if there was a mistake in it would lead to a lower penalty could have had jurisdiction to correct right yes but correct that is correct your honor out just let me finish my question if that's correct but he thought that it was something that would go in both directions of the words he thought that he had made and there was a mistake on the premise that the her criminal record and that there should have been a larger sense why isn't that just the kind of mistake that leads to an error you know that would be reversible that was why does that mean he's got no judicial immunity clear absence of jurisdiction when he's misinterpreting the law two reasons judge number one this was a proceeding the state brought to revoke probation it was not of perceiving the state brought it correct in a legal and number two more importantly that was an exception that was created by judicial law and there's one key element to it the court only has jurisdiction to correct a sentence that number one works to the extreme detriment of the defendant and number two does not increase the sentence slows or the other limits that jurisdiction an you sure he misinterpreted the law for certain but let me ask another question for you we still have some time to think about this well while your colleagues are arguing the other side let's shifting directions to the another defendant to the corrections official yes so a corrections official gets the order of the judge and carries that out and that person as i understand  also yes how can that possibly be correct that whether it's how could a corrections official be expected to make a legal decision that the judge was in there and i'm not going to follow the judge's order that that's seems sort of like a bizarre i don't mean to insult your no it's theory but to me it just seems so weird to think that a corrections official would have discretion to disobey the judge's order i don't i'm not getting that a to why there shouldn't be absolute immunity for the corrections of people i may say number one and i don't want to not answer your question because i well number one i have said all along if judge mosley has immunity may answer your question this way by giving you some other information i arranged for this lady to go out on house arrest when the probation officer who was charged whether consciously looked at our record he said there is a mista believe what this lady was saying tell the probation officer gave it valenti now the probation officer who wasn't charged with her custody realized that this was an illegal sentance certainly somewhere along the line that department he was working for director crawford somewhere along the line they have an obligation to do something other than just that well i'm just going to roll along with the exactly roll along with the follow a court order you know but we need an order in this case and we were absolutely we were just wrong and you later got the supreme court to say we were not just wrong we were sort of director of prisons would have an obligation to get her to get him or her medical care what i'm saying and my case we've got to take the facts as i played them and the facts i pointed were that she had actual knowledge this was an illegal that she was holding them under a legal illegal sentence now once she has knowledge of that i think she has an obligation to take some effort and get an attorney do something to raise the issue that's what i'm saying not just go execute  according to my complaint she had actual knowledge was an illegal sentence interesting issue and i want to live to raise i want to make clear the complaint as i final that i don't like the way it is on that issue i made clear to the trial court that i would like to leave to amend it on that issue of director crawford to better played it with the view of his ruling on judge mosley's i'm unity and that wasn't really anything necessary to do i was glad that instead of re pleading it he issued his ruling so we had something to appeal  and but i want to make it clear that if the panel does grant us relief that is something that we do know we need to clean that up so it makes a little bit more sense and your honor does understand at least the of a complaint really had all kinds of theories all over the place alleging claims against state officials for damages in one thousand nine hundred three and whatnot but i believe that we've gotten to the crux of the matter and really pared it down to whether or not judge mosley was acting outside to complete completely outside of all jurisdiction in this case one thing that i do want to clear up is that there is even as i hear arguments today there is some kind of of the time line we talk about eradication of probation but we're not talking about which one there was a couple of them and so i want to clear that up really quick we have one judgment a condition that was entered in june of two thousand and one where acting and complete absence of all jurisdiction you read further in the complaint you get to pare paragraph nineteen of mister this that out his complaint and she concedes that the only allegations of conduct that that only the allegations of conduct in paragraph fortunate fifteen are the actions which mostly is is not acting with the benefit of  looking at my understanding of the sparkman and how this court has applied this classic judicial immunity case law in in this circuit i really don't see how you would have any problem in finding that judge mosley was acting within his at least within the ballpark of his jurisdiction especially when we have concepts that are you know judicial immunity is supposed to be interpreted broadly that you know it's not lost even when we're dealing with someone who's acting in excess of their jurisdiction or maliciously or corruptly that's just simply not the case that we have here you know i can refer the courts to the transcripts when we're looking pretty familiar with what the record shows  and so you know basically i would believe that the panel's view of the record is is what impressed me this is a judge that maybe although eventually was found out to be wrong  that there was some actual judge type work going on here there was discussion going back and forth he was acting as a judge he was like i said at least within the ballpark o regarding director crawford i believe us she even stands in a stronger position than judge mosley we have an executive official who's in charge of the prisons to receive the judgment of conviction that's no different  case we don't want these people who are executing judicial orders to be the lightning rod of all of you know the complaints of disgruntled inmates or you know people who have come after all in compliance with the judge  we you know i believe the patterson policy decisions really apply in this case we don't have any authority in the ninth circuit i don't think any legal precedent in our circu talking about we don't want all these people and i believe coverdale was a social worker we don't want these types of people be the lightning rod of you know litigation that's really targeted against a judge who has judicial immunity the issue in this in this case and i know i i don't i mean at that point in time there is no doubt that the court is acting within its clear jurisdiction ruling on post conviction motions but the other point effective that seems very strange the way in the judges but actually it's kind of common sometimes they do they don't get out the findings of fact conclusions of law and that's what's operative on the nevada supreme court for them to drive jurisdiction as a state k b s court practitioner i do see that notation or that order from the supreme court happen occasionally where a judge  you know i could see on one on one hand how somebody could have a concern about how come it took so long for the nevada supreme court to spring her but we also have to see that the petition herself really doesn't have clean hands in that aspect of things because at the time that she was recent and spak in november twentieth of two thousand right that's when the alleged violation of her double jeopardy occurred but she was given probation obviously maybe she thought i'm off on my merry way i don't care about these things or but it took a couple years before she ever challenge this unlawful sentencing and so yes in about a supreme court the tone might have some impatience with judge mosley yes the judge mostly was eventually found wrong but i don't believe that we have a case here where judge mosley's act when well that must have been the order between there apparently there were some language about communication between mostly in crawford is that what the concern is that you're referring to this is when she's trying to get out in two thousand and three no i think it's a well i am to presented to the department of corrections but because the department of corrections works on judgments of convictions written orders whatnot they wouldn't release or it was a meaningless thing and i was s'posed the my understanding is that at this point in time the refusal of the district court to enter that written order was because that notice of appeal had argand been put on and that he had lost or stiction at that point in time the footnote is talking about a written order but they require that written order so that they have a a a record of what is on appeal so that they so that they actually have jurisdiction to and so i think that the failure of this written order to be finally realize realize even though even though you know in the future maybe maybe there was some perturbed perturbed as there but again judicial immunity we're talking about you know people who are no way do i believe mostly is acting  and and this manner in this particular case but you know malicious corrupt people that's not what we have here and so i will go ahead unless there's any other questions i will defer the remainder of my time to reporting on as they please the court my name is stephanie parker i represent prosecutorial defendants in this case former district attorney stuart bell current district attorney david roger and clark county based upon appellant concession judicially munity this court reviews this case to novo and therefore we have briefed that issue it is the position of the prosecutor's office that all of the conduct that is alleged to have been offending to this particular appellant its conduct that was within the course and go prosecuting the case in the criminal process as part of the judicial process in the advocacy function of the prosecutor's office the request for felony sentencing the placement of a request for revocation on calendar the opposition of a motion to correct illegal sentence are all judicial for all prosecutorial functions within the judicial process in the courtroom context there is no conduct that is alleged that would be outside that context if the court has questions first thing i want to do very briefly is answer your question judge newman three hundred dollars and the immediate release was on a bail proceeding he had agreed to grant her bail and that was part of  do think that has a lot of significance because they gave him ten days to file a written order he never did it and that was part of my point he had that emergency stay from the nevada supreme court he was pretty well told well the nevada supreme court eventually issued an order in july that set her free and she was out on bail release and those few months so that's what you mean by the second time they t a refiling of a prior case this case was first filed january seventh of two thousand and three while she was still in custody yes which she couldn't do tech barred well it  with conditions of confinement i understand and i found that out as we went through i found that i was who went through the case the point is that i think it's going to come in through the county a riverside case as we said you know constructively we started  period of remedy as in riverside and then she was set free that's the point i'm trying to make ok i agree that that action was not that what was certainly not point is why is this court looking around why are they doing this one of the reasons they're doing this is all this publicity and this is the one final thing i want to say about the judicial system in the state of nevada the supreme court now the first time they g that opinion in ryan scott steinberg they had no reason to know that judge moseley wouldn't go ahead and follow their law the second time he did it by the time they gave him an emergency s they say file a written order you can't do this then in july by the time they issued their opinion in july he still had to get it on a written order they were pretty well on notice that he was likely to keep doing this and why didn't they have that the jurisdiction i i disagree with your honor i think that the a county at riverside versus mcglothlin case is exactly about the situation because once the case the started they get are free and depri or trying to private standing but that's one of the nice things about being a lawyer i just have to make the arguments and there's one of the things that bothers me about this case the most i used to set as a judge pro tem i heard small claims cases i probably sat one years ago and i still sometimes wake up at night wondering if i did the right thing what really bothers me is that we have prison officials we have a district attorney we have an attorney general we have a judge who now by any of the shadow of that out knows there are people certain in jail illegally and why isn't someone doing about it doing something about it i couldn't sleep at night if and i understand that running a criminal court a criminal master calendar is one of the more unpleasant trials in our judicial system i have sat and watched judge mosley's courtroom i've watched his calendar there enough money in this world to get me to do that job it is a very difficult job but we are supposed to live in a country where the end justify the means and i don't believe that judge mosley i thought i think he thought he was doing the right thing i got to protect the good citizens on my county from these criminals but irrespective of intent we're supposed to live in a country where they done justify the means and i've done everything i can do to present and i'm hopeful that your honour's will find some way to help my client and these other people all right thank you