essentially been conceded by the outgoing and that issue involves our whether or not there has been a valid civil order of contempt entered in this case and the alpha only i've read in their briefs i agree with that that in fact there is no valid  contempt order which then both they should down to whether or not we are dealing with a valid criminal contempt order that was entered against the share and we propose that that is not a case and in fact we propose that what does that do to the order if you're under the case for clear that i mean a label on the order itself is not controlling and that was explored in our brief so we would agree with that proposition however what it what is controlling is the nature of the remedy that was both stopped and granted then the remedy as we know in this case was the first two hundred dollars fine which was assessed against the sheriff we also know  of someone's was not served furthermore the order of contented knots i state that it found the sheriff in contempt of court beyond a reasonable doubt that is the standard of  violated court orders for oil in britain again this is not simply one order this is going back to august of two thousand and nine until finally effectuating order for possession in february of two thousand and ten and i was in there a cold problem in february it was it was so cold that he couldn't get executed that that day because of the temperature and the court found specifically that it was due to his own dilator well i think you could see from their for the first couple of orders were not complied with it became criminal effect point but at the moment that the order was if it became criminal that someone specified time what was the sheriff notified rate the jury waiver issue this is a very important issue the case that the sheriff cites did not but simply meant that the fine was reduced to five hundred dollars the criminal contempt was upheld in that case the very case that the few people versus robbery which specifically says if the defendant or the the sheriff in this case would have to have certain rights basically the right to present their side of the case to call witnesses subpoena witnesses they chose not i don't see why not well if you wasn't told is facing a criminal contempt i was supposed to know that he had the right to get a different judge well but that's one of the requirements in the under the case law that we sent there regarding the procedural criminal offense now and i want to different judge and i'm telling you this within ten days of this criminal contempt being put on your calendar give me a new judge that yes we have the opportunity to do that he could have his heavy so chose well to the extent that there is that it can be inferred in the case was very clear if the language can be inferred even if they don't say so we can be inferred regardless of what anybody deems it if the intent is clear and there's a rational basis to hold that the intent is clear then there will be a requirement that they order be a powell with regard to the fines again that there was not nice in explicit that this is one area where there is explicit language the waiting for of a jury trial and at this point there was no waiver so the five hundred dollar fine is at issue but again that's it's not touch the underlying criminal can time the very case cited by the sheriff specifically uphold