i say that because the county code requires and doesn't a state's attorney as turning for the county and all actions for prosecution which was another conflict however one the next case came before the say judges such relief eventually all cases were before the judge or feel he flip flop apply in addition the state's attorney has a my client's standing to bring the position to of point is allowed for any private citizen including her once the our eye on the ball here is only an action to appoint a special prosecutor am i correct that is where the case is right now ross correct so a special prosecutor assuming but he if one were to be appointed which is discretionary with the court correct not quite well let's assume it is ok there are some standards but that special prosecutor may or may here as to the appointment of a special prosecutor and you're saying colorable claim goes to the essence of this underlying let allegations of a their  standing you said that the young lady has standing as a private citizen to bring the action but she did not bring this action as a private citizen did she she brought counsel i agree that there's a threshold issue in this matter and it's not whether there is a conflict of interest there is an actual conflict of interest that would require the appointment of a special prosecutor there are  applying only to physical or other inability not to conflict of interest so in this particular matter a five is not an option for the appointment of a special prosecutor as brought in this petition as far as a fifteen that provides for the voluntary refusal of the state's attorney or the state's attorney deems it appropriate for any reason the special prosecutor should be appointed in this particular case the state's attorney before this case it involves some of the same party however in that particular case the auditor was not trying to sue on behalf of the county board rather she was suing the county board and the set of circumstances was quite different  the state's attorney did determine that particular case it was appropriate to recuse himself he did so and requested the appointment of a special prosecutor and a special prosecutor was appointed in this particular case the circumstances were different states attorney and decide that there's there was no conflict of interest that required recusal and so do not petition or ask the court for recuse on a special prosecutor the only section of the can petition for a special prosecutor under a th of that particular statute however the standard the requirement prior to the appointment of a special prosecutor is more than a simple conflict of interest more than a per se conflict statute requires an actual conflict of interest and that is a higher standard the supreme court has held that only situations where the state's attorney is interested is a private individual and a national party for the litigation would an actual conflict of interest occur in this case that's that is that's not the situation i don't think there's any dispute in this case the state's attorney is not interested as a private individual and the appellant has acknowledged that the state's attorney was named in the caption of the lawsuit only for the purpose of requesting a special prosecutor and there's no i believe that correct ok is that the case here i don't believe so there's no indication that the state's attorney would be called as a witness in this case there were allegations made against the former i guess now twice former  vicki grass off their allegations made against david zimmerman but there were no no kind of allegations against the state's attorney's office and it's not a matter that the state's attorney's office had become involved in as far as providing advice to the different parties or long period of negotiations that the state's attorney was involved with trying to some sort of resolution between the different parties that's not not the case here so who played pace for the special prosecutor that's appointed or in the previous case did some other state official assume prosecution has a special prosecutor or was private counsel retained d well in all cases the payment of a special prosecutor is the responsibility of the  county and the statute acknowledges that and allows the county board to have some sort of information about the amount of money that's being spent alternately the appointment of special counsel or special prosecutor is within the discretion of the court the judge has the ability to try to find counsel that is essentially less expensive to the county initially and then ultimately has has the discretion to appoint counsel whether another public agency or private individual as the courts he's my point is it can be quite cost costly for states attorney to recuse valen terribly and very nice the burden on the county to find somebody to do the same work certainly ok thank you so in this case the requirement for a special prosecutor is that an actual conflict of interest be found and it's within the i guess the other point i'd like to make is not only does a court have to find an actual conflict of interest st but even if the actual conflict of interest is sound it's still within the discretion of the court whether it should appoint a special prosecutor or not the statute clearly indicates that as well so there's there's sort of a double requirement there that st an actual conflict of interest be found and then also that the court d feels that it's appropriate or or necessary to appoint a special  county of cook for one illinois decision a thirty four that cites environmental protection agency versus pollution control board sixty nine nd three hundred and ninety four that indicates that the standard for an actual conflict of interest is where the states attorney's interested is a private individual and he or she is an actual party for the litigation but certainly the only rules of professional conduct are consideration in making that determination and i think the circuit court judge acknowledged that in order however today you enter the outlying his consideration factors i don't believe that it was a detailed outline believe he acknowledged that they the filler rules of professional conduct have to be considered in context with all of the circumstances and facts including that the special prosecutor statute the brief that the apologies have submitted and also professional conduct by the state's attorneys and we hold ourselves to that high standard but they also acknowledge that there's other there's other laws that may need to be considered and may apply to a particular situation and in this case  special prosecutor statute must be reading conjunction with you know my rules of professional conduct to determine whether national conflict applies the special prosecutor statute just simply has a higher standard for the replacement of the state's attorney they can they can extricate themselves from that for say conflict by acceptance by both parties is that correct i believe so would it not have been prudent here to do so or are you just relying on the other stat to get actual conflict in the standard i'm not sure i understand the question do you mean what you are saying it doesn't have to be a person a conflict examined we look at the record findings that we need to know what were you can rely on i believe the the lower court took into consideration the special prosecutor statute the requirements that are provided in exercised its discretion to deny the request to appoint a special prosecutor is within the discretion or and i believe that the standard of review in this case would be an abuse of discretion thank you if you are there any questions for mr holly so if you look at the statute i'm sure you will the only thing that talks about an actual conflict of interest are those four words mr burt now that you're on that topic specifically because it promulgated by the supreme court takes precedent over over the statutory language though the spirit of the legislature and the actual conflict says whenever the state's attorney is sick with the nd that's all there and there is a case that says that but i want the court to understand that the nd section that was also say in essentially the same circumstances the end of conflict and withdraw and not here in this case appals me frankly the other thing that baffles me about the order is that ju what we are designed here in our court to review and that is we review the decisions of the trial court use of discretion we are not the a a r d c we are not here to rule on whether it's violated the code of professional response ability even if the trial court's decision is up held there's still a remedy there to now for mr i'm hoaxes here to honor the code of professional responsibility so please help me i think you're asking us to function as the attorney registration commission now or