concurring.
I must accept both parts of the majority opinion. The part dealing with the claim of custodial interference I accept without reservation. The part dealing with the claim for intentional infliction of emotional distress has, I believe, got to be accepted because of the state of the law concerning the absolute privilege accorded statements made in connection with judicial proceedings under Oregon case law.
If the facts alleged by plaintiffs could be proved, they would establish an utterly unconscionable course of officious intermeddling on the part of defendants, for which they ought to be held to account. The absolute privilege came into being when judicial policy encouraged resort to the judicial process for the resolution of disputes. That policy is still one that ought to be accorded paramount status. Today, however, in all too many instances people seek to use the judicial process for abusive purposes. Plaintiffs’ claim alleges facts that would constitute an egregious example of that.
The privilege, or immunity, was judicially created, and it can be judicially amended. I hope that the Supreme Court, if given the opportunity, will engraft a good faith and fair dealing limitation on the privilege, rendering it less than absolute. Whether or not bad cases make bad law, “bad” facts sometimes illuminate the need for law reform.