Cite as: 522 U. S. 118 (1997)
Scalia, J., concurring
brief or succinct it may be, the evidentiary component of an application for an arrest warrant is a distinct and essential predicate for a finding of probable cause. Even when the person who makes the constitutionally required "Oath or affirmation" is a lawyer, the only function that she performs in giving sworn testimony is that of a witness.
Finally, petitioner argues that denying her absolute immunity will have a "chilling effect" on prosecutors in the administration of justice.18 We are not persuaded.
It may well be true that prosecutors in King County may abandon the practice of routinely attesting to the facts recited in a "Certification for Determination of Probable Cause" and pattern their procedures after those employed in other parts of the Nation. Petitioner presents no evidence that the administration of justice is harmed where the King County practice is not followed. In other respects, however, her argument addresses concerns that are not affected by our decision because we merely hold that § 1983 may provide a remedy for respondent insofar as petitioner performed the function of a complaining witness. We do not depart from our prior cases that have recognized that the prosecutor is fully protected by absolute immunity when performing the traditional functions of an advocate. See Imbler, 424 U. S., at 431; Buckley, 509 U. S., at 273.
Accordingly, the judgment of the Court of Appeals for the Ninth Circuit is
Affirmed.
Justice Scalia, with whom Justice Thomas joins, concurring.
I agree that Ms. Kalina performed essentially the same "function" in the criminal process as the police officers in Malley v. Briggs, 475 U. S. 335 (1986), and so I join the opinion of the Court. I write separately because it would be a
18 Brief for Petitioner 25.
131
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