the first one that was challenged by defense smugglers and peterson and was the issue of whether they instituted the criminal prosecution of our client now under the standard of the law all that is required is that that it had a reality of the we had established that they actually initiated as if filing the prosecution that the prosecutor's filing it alone was not sufficient because the prosecutor files a criminal prosecution therefore pressured the prosecutor to file charges in this case we had an example of the defendants certainly the ones who brought the motion on this element and not only asked dr simply asking the prosecutor sheth that would fall within a particular crime once they did that they then put a full court press on the mason county prosecutors who after that time they've been telling them you don't have a crime we can't charge this person with a crime there's no custodian there is no or so what would be wrong here providing information well first of all the question is they didn't just provide information he provided information and continued to pressure the prosecutor even at your honor points out you need referral or making a request it was a constant barrage in fact at one point mrs peters peterson prepared research memos for the past year how him why how she thought he could get around the problems with extradition now certainly an argument they're making are that all were just innocently giving less to the prosecutor but the fact the matter is the evidence wasn't just them giving in to it it was  prosecutor the other thing is prosecutors testified they didn't make an independent investigation that they rely completely on the information provided to them by these parts there wasn't a police or sheriff going out making an investigation there wasn't any other party out there who was providing a neutral buffer to them they rely completely on the defense in giving them this information so i would contrast a simple referral with that they wanted this civil goal they wanted to stop our clients from carting mary mother around which they believe was in danger in her and they were told by the the criminal forty's the only way they could do that  invalid because plaintiff didn't create didn't commit the crime in washington and therefore created a new out of david in order to find a way to amend the probable cause affidavit to get a way to extradite him and bring him back to washington so clearly if they were aware of these fast and i would go back to my original premise is the jury the question is can a jury have drawn reasonable inferences from these fast and concluded there was an ounce and issue is raised primarily by the court and the defendants in the court extracting one word from the elements of the court in the strategy prosecution and that one word is a van and what the court is what the defense mother or the guardian ad litum were able to have any contact with mary mother and that occurred only because marianne coffey when she's sent the legal pressure on her getting to great file the guardianship action state of illinois including guardian ad litum have caused by judicial immunity and has a very dry squeak because they fulfill the functions that the judges themselves have to undertake in the case in particular in family law we know that unusual and who had apparently erred in wrongfully recommend custody as things turned out but nevertheless she had immunity and the court went through all the tasks of our performing functions of judges and noted and noted that in the family law area as we have here in a guardianship case those functions are expensive to conduct investigations and protect the best interests of the individuals who are on our tissue and went on to note both the policy implications if it were not immunity which would be very serious in paring the at all in washington that support the point of view here and i know that they have cited to the lutheran daycare case if you read that piece carefully it does not support their point of view it arose out of the executive branch of government out of a and the motion and denying the motion for reconsideration the mother should direct contact with the prosecuting attorney consists of four letters one of which was written by fred mother after the amended information conduct evidencing abandonment can satisfy the claim that there can be a review of barring the statue of limitations there is two separate events that all the vendors argue in the theater that there would be a part of the statue limitation on strike counsel me please the court i'm steve fisher and i represent eileen peterson and her law firm gordon thomas honeywell there's a strong public policy for immunity which can be found in three separate areas your honor to answer vulnerable adults and finally and most practically it gives us attorneys fees that the walter copies of the world should not lose the battle but when wark fine making those who are here and spend considerable time and resources in addition to that we have a long line of washington cases that indicate that the purpose of an advocate such as ms peterson is to represent her clients appropriately and particularly when it has the benefit to potential third parties our supreme court has said those advocacy decisions are to be very very very carefully limited in terms of exposure to the attorney and i peterson didn't put any quirk in the fact he doesn't have a bad the prosecutor has that second of all even if she tried that it's not a factual question this court deals all the time with communities and qualified immunity for example in civil rights cases and i'm a little out of my area but it's my understanding or cited here on in their side of this of every case they're decided as a matter of law and in fact my understanding is the state of the laws that they're typically decided early on so that the marriage that he quote took mary more clear and carter tour around the country had he not done soul i don't think any of the people at the side of the courtroom would have been put in the position they weren't and i don't think that they should the funeral i just in any way