8 14 13 0204 3913 3914 Motion To Disqualify RMC and Rca and Hon Judge Dilworth

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Document Code:
Zach Coughlin
Nevada Bar No: 9473 (temporarily suspended as of !7!"# $rder in %&3&'
"47" () 9
th
*t)
+eno, N- &9."#
/ele and 0a1: 94927274%#
pro per indigent re3uesting court appoint co2counsel only, if not permitted to remain one4s self
primary counsel, then see5s hearing on co2counsel right 6ayton, etc)
7N /8( +(N$ 9:N7C7;<6 C$:+/ $0 /8( */</( $0 N(-<D<
7N <ND 0$+ /8( C$:N/= $0 ><*8$(
C7/= $0 +(N$?
;6<7N/700,
vs)
Z<C8 C$:@867N?
D(0(ND<N/)
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Case No: "3 C+ 39"3, and "3 C+ 39"4
Dept No: D"
MOTION TO DISQUALIFY RENO MUNICIPAL COURT AND HON. JUDGE DILWORTH,
RESPECTFULLY SUBMITTED
C$9(* N$>, Defendant, Zach Coughlin, Ay and through himself and files the aAove title
document on his oBn Aehalf) Coughlin also see5s a continuance of the trial given +C< >ong has
still yet to serve discovery on Coughlin in either matter)
FACTS, LAW AND ARGUMENT
") ;anel Chair Cohn (cheverria, (s3)4s 07ND7N@* $0 0<C/ <ND C$NC6:*7$N* $0 6<>
of "#!"4!"# in *BN v) Zachary Bar5er Coughlin, N@"#2%#%4, N@"#2%434, and N@"#2%43. reads:
D/87* 9<//(+ came Aefore a designated 0ormal 8earing ;anel of the Northern Nevada
Disciplinary Board (the D;anelD' for hearing on >ednesday, NovemAer "4, #%"#) /he ;anel
consisted of Cohn ;) (cheverria, (s3), Chairman? 6ay29emAer Earen ;earl, *tephen Eent, (s3),
- 1 MOTION TO DISQUALIFY RMC AND HON. JUDG DIL!ORTH
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Clar5 -) -ellis, (s3), and 9ichael E) Cohnson, (s3 )) /he *tate Bar of Nevada (the D*tate BarD'
appeared and Bas represented Ay Deputy Bar Counsel, ;atric5 $) Eing, (s3)) /he +espondent,
Zachary Bar5er Coughlin, Nevada *tate Bar No) 9473 (the D+espondentD or DCoughlinD' appeared in
propria persona)
FINDINGS OF FACT
Based upon the pleadings filed, the documentary evidence admitted as 8earing (1hiAits "
through ", and the testimonial evidence of the 8onoraAle Cudge Bruce Beesley, +ichard 8ill, (s3),
;aul (7cano, (s3), the 8onoraAle Cudge Dorothy Nash 8olmes, Zachary B) Coughlin, (s3) and 9ary
Bar5er presented at the hearing of these proceedings, the ;anel ma5es findings of facts as
folloBs:
") Coughlin is an attorney licensed to practice laB in the *tate of Nevada) At all
relevant times prior to and at the time of the filing of the Complaint in this matter, the
Respondent's principle office, as file !i"# "#e S"a"e Ba$ %f Ne&aa i' a((%$a'(e !i"# "#e R)le
%f P$%fessi%'al (%')(" *+RPC+, -.*/,*a,, !as P%s" Offi(e B%0 1.2/, Re'%, N3 4.565) *ee
8earing (1hiAit " at %%%", lines 72"% (*tate Bar of Nevada vs) Zachary B) Coughlin, (s3), Case No:
N@"#2%#%4, N@"#2%43., N@"#2%434, Complaint at P1 (filed <ugust #3, #%"#') (N$/(: such
citation yields only: DZ<C8<+= B) C$:@867N, (*F), Bar No) 9473 +espondent) ;6(<*( /<E(
'%"i(e that pursuant to *upreme Court +ule (D*C+D' "%.(#' aD')
(N$/(: Coughlin denied Ay -erified <nsBer and or +esponse all the allegations in the
Complaint, as such, it is impermissiAle for the 0$0C$6 to rely on or cite to the Complaint (as
Coughlin denied each and every charge the 0$0C$64s citation to the Complaint as DevidenceD is
error) 8utchens, 74 *> 3d 97) (and arguaAly the same goes for citing to fugitive documents Bhere
no right to confront the DaccuserD Bere utiliGed and or offered into evidence, especially Bhere the
Complaint failed to attache , see 08(s #, 3, "%, ""'
#) Coughlin Bas admitted as a memAer of the *tate Bar of Nevada on 9arch #., #%%.)
*ee 8earing (1hiAit " at %%%", lines 72& (*tate Bar of Nevada vs) Zachary B) Coughlin, (s3), Case
No: N@"#2%#%4, N@"#2%43., N@"#2%434, Complaint at ;" (filed <ugust #3, #%"#') (DZ<C8<+=
B) C$:@867N, (*F), Bar No) 9473H')
3) $n *eptemAer 9, #%"", Coughlin shoplifted a candy Aar and cough drops from a >al2
9art store Bith an appro1imate value of fourteen dollars (I"4)%%') $n NovemAer 3%, #%"",
9unicipal Court Cudge Eenneth +) 8oBard found Coughlin guilty of the offense of ;etit 6arceny, a
violation of +9C &)"%)%4%) Coughlin a77eale "#e judgment of conviction) $n 9arch "., #%"#, the
8onoraAle District Court Cudge *teven ;) (lliott affi$8e the judgment of conviction on appeal) *ee
8earing (1hiAit " at %%%#, J ., lines ""2".? (*tate Bar of Nevada vs) Zachary B) Coughlin, (s3),
Case No: N@"#2%#%4, N@"#2%43., N@"#2%434, Complaint at ;# (filed <ugust #3, #%"#')
4) Coughlin4s (%')(" during the trial of the petit larceny case on NovemAer 3%, #%"", in
Bhich Coughlin appeared in propria persona, Bas so disruptive that Cudge 8oBard found Coughlin
in direct (%'"e87" of court and sentenced him to jail that same day to be released on December 3,
!11 at &:%% ;9) J)9e H%!a$ s7e(ifi(all: f%)' C%)9#li';s (%')(" "% <e disorderly a' !as
either contemptuous %$ behavior insolent to"ard the judge in that Coughlin refused:
D))) "% %<e: i$e("i&es %f "#e J)9e, continuing lines of in#uiry after being advised
by the Court to refrain from doing s%= e8ea'i'9 "#e C%)$" !i"# s"a"e8e'"s s)(#
as +WOW+ i' $es7%'se "% (%)$" $)li'9s= la)9#i'9 )$i'9 "es"i8%': a' f)$"#e$
>)es"i%'i'9 "#e (%)$" a' i"s a)"#%$i":)D
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*ee 8earing (1hiAit "" $+D(+ 0$+ *:99<+= ;:N7*89(N/ $0 (%'"e87"
C$997//(D 7N /8( 799(D7</( -7(> <ND ;+(*(NC( $0 /8( C$:+/, NovemAer 3%,
#%"")
(N$/(: *uch 08( "" lac$s a Certificate of %ervice page, and this is done on purpose, as
the +9C refused to provide such $;*C to Coughlin upon his Aeing released from Kail
(Coughlin called the +9C and spo5e Bith +9C Cudicial <ssistant for Cudge 8oBard,
-eronica 6opeG the 9onday folloBing his release from Kail on "#!3!""', and such Bas not
provided to Coughlin at Kail or upon his release, and attempts to oAtain such after from the
+9C, and specifically -eronica 6opeG Bere rudely reAuffed) <lso, such Bas made in
aAsentia of Aoth Coughlin and the prosecutor, and as such, the deadline to appeal it has not
even started to run, given no '%"i(e of (ntry of $rder for such $rder has Aeen filed and
se$&e) 0urther, lines "2"7 of page " of such $*;C reveals the e1tent to Bhich such $rder
failed to find any such LAehaviorH (lines #2#& and the colon after the Bord L(%')("H
AetBeen lines #2#7, and the failure of the +9C to chec5 such Alan5, comAined Bith the
chec5 on the Alan5 on line "9 Bhere LbehaviorH, rather than LconductH is referenced, ta5es
such out of the purvieB of any admissiAle evidence of a +;C 3). violation)
<dditionally, the entirety of such ""!3%!"" (apparently the +9C can oAtain a file stmape
for $rders suAmitted after 4:3% pm, Aut not attorneys or litigantsM' $;*C is violative of
9cCormac5 and the *i1th <mendment Bhere Cudge 8oBard4s "%!#7!"" $rder denied
Coughlin court appointed counsel and failed to rule that jail time "as not a possibility)
<igersinger)
L<ttorney4s (%')(" in (ontinuing to cross&e'amine police officer af"e$ ?)9e #a $)le
"#a" 7%li(e l%9 !as '%" a8issi<le "as not contempt Bhere attorney claimed that he Bas
trying to impeach Bitnesses4 memory, not lay foundation for admission of log, so that his
(%')(" could not Ae said to Ae Billful) U'i"e S"a"es & Gi%&a'elli, ("99%, C<# N=' &97
0#d "##7) +esort to summary disposition of criminal (%'"e87" proceeding under +ule 4#(a',
0ederal +ules of Criminal ;rocedure, is permissible only "hen e'press re#uirements of rule
are met and "hen there is compelling reason for immediate remedy or "hen time is of
essence) /hus, attorney's conviction for criminal contempt in pursuing line of #uestioning
forbidden by court "ould be reversed, since record sho"ed that there "as no compelling
need for immediate remedy provided Ay +ule 4#(a', 0ederal +ules of Criminal ;rocedure, and
that trial court, Ay its oBn actions, did not consider time to Ae of essence? trial court should
have oAse$&e DnormalD procedureD of '%"i(e and hearing, provided Ay +ule 4#(A', 0ederal
+ules of Criminal ;rocedure) U.S. &. M%s(#ia'%, 9. 0)#d #3, "# 0ed) +) (vid) *erv) "#4
(7th Cir) "9&#') *ee :nited *tates v /urner, ("9&7, C<"" <la' &"# 0#d "..#, N "4)H (page #9
of Coughlin4s !"&!"# 9otion for 6eave in %&3&, the matter Bithin Bhich Eing4s *C+ """
;etition resides, a document Bhich, along Bith other filings Ay Coughlin in the N*C/, Bere
attached as e1hiAits (usually on a disc, Aut not alBays' to a multitude of the documents
Coughlin suAmitted for filing Bith the *BN4s Cler5 of Court in N@"#2%#%4, etc)
(see, also, the transcription Coughlin provided therein AetBeen pages 3.2&., Bhich clearly
reveal the patent lac5 of due process attendant to that trial (denial of *i1th <mendment (as to
Aoth the petty larceny trial and the LtrialH on the summary (%'"e87" LfindingH made ten
minutes into the petty larceny trial (the failure to immediately render a summary (%'"e87"
order Bith 8ouston (see, also, the #%"# 9arshall case, especially Bhere Cudge 8oBard is
clearly punishing Coughlin for LAehaviorH occurring outside the immediate presence of the
court, Bhether or not his ""!3%!"" $;*C admits to that or not, Bhich includes Coughlin4s
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rancorous interactions Bith 9arshal 9enGel at the "%!"%!"" arraignment (the hold of Bhich
violated N+* "7&)4%. in light of the then pending 9!7!"" $rder for Competency evaluation of
Bhich the +9C Bas made aBare, in Briting in', similar interactions Bith +9C filing office
counter cler5s and supervisors incident to their refusal to alloB Coughlin to access even the
<rrest +eport and Declaration of ;roAaAle Cause until after the "%!"%!"" arraignment, etc',
and Coughlin4s ""!#&!"" 9otion to specificity Arings 9cCormac5 into play, and the
possiAility of Kail time for such (%'"e87" re3uired the appointment of counsel as Bell', failure
to apply the e1clusionary rule to LevidenceH (despite Coughlin having a receipt proving he
purchased the very Duract Cough 9elts found in his poc5et' Bhere Aoth N+* "7")"#.. and
N+* "7")"3 Bere violated, therefore ma5ing such arrests and searches incident thereto
illegal arrests re3uiring application of the e1clusionary rule', prosecutorial mis(%')("
( Deputy +eno City <ttorney ;amela +oAerts, (s3), put on testimony she 5neB to Ae lies
given the very video provided to her Ay >almart and or +*7C ;olice clearly shoB Coughlin
providing his driver4s license to $fficer CraBford', Bitness mis(%')(" (numerous instances
of perKury Ay Aoth >almart4s 0rontino and $fficer Eameron CraBford', and a to per se
indigent under #%%& 7ndigent Defense $rder, aAuse of (%'"e87" poBer, violation of ;engilly
and 9cCormac5, failure to grant a continuance Bhere e1cuplatory evidence Bas Aeing
Brongfully Bithheld Ay and opposing counsel Bhom had AurglariGed Coughlin4s former home
laB office Bith Aoth the >C*$ and +;D (+ussell v) Ealian, N+* 4%)#.3(.', 9ayes v) :-7',
and denial of a continuance to Coughlin (despite one Aeing agreed to in Briting Ay +C<
+oAerts' is particularly suspect given the failure, then, to accord Coughlin4s right to a speedy
trial (Bhich he did not Baive' Bhere Coughlin, Bhom Aailed out on 9!"%!"" Bas not afforded
a trial Bithin 4. days as an out of custody defenant, and Bhere the +*7C refused to release to
Coughlin even the <rrest +eport and ;roAaAle Cause *heet until after the "%!"%!""
arraignment, Bherein +9C Cudge >) @ardner refused to reveal to Coughlin, then a licensed
practicing attorney, the names of the four possiAle court appointed defense counsel sufficient
for Coughlin to perform a conflict chec5 prior to agreeing to such confidential information
Aeing released to Bhichever allegedly randomly assigned court appointed counsel Bould get
such (and it may Ae laB of the case that Coughlin4s right to such counsel Bas recogniGed at
such time, ma5ing Cudge 8oBard4s suAse3uent $ctoAer #7
th
, #%"" denial of <igersinger and
the *i1th <mendment even more suspect')
<lso from such !"&!"# 9otion in %&3& at pages #923%: LD>ith respect to matters Bhich
may Aring into douAt the validity of the conviction in the trial court Kudgment in +9C "" C+
#&%%: 7n the appeal to the District Court in C+""2#%4, Cudge (lliot utiliGed a civil statute in
e1cusing the +9C from its failure to forBard to the District Court a copy of the transcript of
the audio recording of the trial and to forBard such to the District Court Bithin ten days of the
filing of the '%"i(e of <ppeal) 0urther, Coughlin made numerous attempts to order such a
transcript and Bas thBarted in his attempts to do so Ay the +9C4s e1press dictate that only the
+9C4s transcriptionist of choice, ;am Dongoni, Bould Ae permitted to perfrom the
transcriAing duties, and 9s) Dongoni hung up the phone on Coughlin and refused to provide
information related to Bhere and in Bhat method of payment Coughlin could pay for the
transcript and assure its production) 0urther, the +9C refused to timely provide Coughlin a
copy of the audio recording of the trial until Bell after the deadline for filing tolling motions
or a '%"i(e of <ppeal had passed, and further, the +9C failed to notate in the certified doc5et
(Bhich is not availaAle to litigants during these matters, and attempts Ay Coughlin to so oAtain
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such a doc5et has resulted in the City of +eno 9arshals threatening Coughlin and forcing him
to leave the courthouse and Briting disengenous letters to Bar Counsel)D
<lso se$&e on Bar Counsel and amongst those materials that the *BN Brongfully failed
to transmit Bith the +$<, andt he ;anel Brongfully failed to consider (especially given the
*BN4s fraudulent assertions that it Bas copying all five ;anel memAers Bith the entirety of
every one of the documents Coughlin suAmitted for filing, including the discs attached thereto
as e1hiAits' Bas the entirety of the +$< transmitted Ay the +9C to the #CDC from "" C+
##"7 and the entirety of that in the record in the appeal thereof in C+""2#%4 (in addition to
all of Coughlin4s correspondence Bith the +C< and +9C regarding such matter, and the
materials that the +9C fraudulently failed to include Bithin the +$<', amongst such
materials:
Coughlin4s ""!#!"" 9otion for +econsideration of +9C Cudge 8oBard4s "%!#7!"" $rder
Denying 9otion for <ppointment of Counsel, at page " thereof: L/revino v) *tate ... *> #d
7.% 0ormerly ""%54" #(4', ""$54")# /e1)Crim <pp),"977 Criminal defendants 7n
misdemeanor cases are entitled to counsel if there e1ists a possiAility that imprisonment may
Ae imposed Cudge @ardner refused to tell the undersigned the last names of the four attorneys
Bho might Ae appointed counsel) <ccused has a right to 5noB that, 7ts important to chec5
3ualifications and e1perience) 0urther, Cudge @ardner touted their aAilities Ay mentioning
some, or all, of them Bere former prosecutors) /he N06 doesn4t hire to many offensive
coordinators, to coach defense) 7 feel the same aAout criminal defense) (he arrest did not
occur in the presence of the police officer) (here "as no consent to search) *fficer made
statements conditioning "hether arrest "ould be made upon "hether consent to search "as
given, there are other impermissible acts)))H
<dditionally, Bhile page " contains a LcertificationH Ay +9C 0iling $fficer *upervisor
(Bhom regularly refuses to file documents even in criminal matters Aased on unBritten
LlegiAilityH rules she applies', there is no indication such LcertifiedH copy contained the
L%"&#H bates stamp apparently later applied Ay Eing) *uch 08("" should Ae e1cluded from
the admissiAle evidence Aased on such preKudicial inclusion Ay Eing of such bates stamping,
especially Bhere Eing suAse3uently argued that Coughlin should Ae prevented from having
the entirety of such ""!7!"# production Ay the *BN of a 3,#%% page *C+ "%.(#'(c'
consolation priGe:
//@/A@/B HEARING (;age 3%#: to 3%#:"#' L9+) C$:@867N: *orry, your 8onor)
/here Bas Kust one other thing + "as hoping to offer into evidence) 7t Bill only ta5e a second
to as5 to do it) 9+) (C8(-(++7<: >hat is thatM 9+) C$:@867N: 7 Bould li5e to 22 Aut
the file) And then the subpoena that + tried to get the sheriff here and 222 -ol) 7, (;age
3%4:"& to 3%4:#3' L9+) C$:@867N: 7 Bould as5 that 7 Bould Ae alloBed to Ae a little Ait
more specific) ,r) -ing got me a big bo' of stuff) 74m only see$ing to put in 22 and it Bas
Aro5en up into aAout four different things, each one 5ind of had a cardAoard thing and a
ruAAer Aand holding it together)D 8(<+7N@ 2 -ol) 7, (;ages 3%4:#. to 3%.:"' <nd it4s .ates
stamped)D 8(<+7N@ 2 -ol) 7, (;ages 3%.: to 3%:"7' /his is not Kust the pleadings) (here's
some stuff in here + never even sa" before, li$e an affidavit by /aura Peters that spea$s to
things li$e the service of the complaint) +t's filed) +'m "ondering "hy didn't + get a copy of
it if it has a file stamp on it0 (hat's $ind of strange) *o 7 do thin5 22 I !%)l asC "#a" I <e
a<le "% a8i" "#is i'"% e&ie'(e) 9+) E7N@: 7 don4t 5noB Bhat that is) <nd 7 oAKect to it at
this stage, proffering a bunch of papers that haven't been discussed, haven't been admitted,
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no foundation laid) Cust to say they are going to go up to the supreme court, it doesn4t ma5e
sense) 9+) (C8(-(++7<: 7 tend to agree) /hese are all 22 the pleadings themselves, as Be
noB understand it, are going to go 22 Bould Ae part of the record the supreme court revieBs)
W#a" :%);$e %ffe$i'9 a77ea$s "% <e a s"a(C %f %()8e'"s "#$ee i'(#es "#i(C "#a" I #a&e
'% iea !#a";s i' "#e$e) 9+) C$:@867N: 9ay 7 22 9+) (C8(-(++7<: >e don4t have
time) 7 Bould really li5e to afford you an opportunity to address the issue that 7 as5ed) *o 74m
going to sustain the oAKection) 74m not going to permit those e1hiAits to Ae entered into at this
stage) =ou had all day in Bhich to do that, and identify specific pieces and proffer specific
pieces) 7nstead you chose to spend a great deal of time attempting to get in videotapes and
transcripts) *o 74m going to overrule that oAKection to the e1tent these are factual documents)
/o the e1tent there are pleadings in there that are part of the official record, they are going to
go up) 7t4s noB a 3uarter to .:%%) =ou4ve heard the 3uestions that the panel is interested in
having addressed in the final arguments) 9r) Eing) 9+) E7N@: /han5 you very much)H
>hether or not #CDC Cudges 6) @ardner, 0lanagan, or (lliott too5 any NCCC Canon #,
+ule #)". Lappropriate actionH Ay contacting the *BN (Lappropriate authorityH' aAout
Coughlin is completely relevant to Coughlin4s defensive collateral estoppel claims, in addition
to thoroughly undermining Eing4s offensive collateral estoppel claims, and, arguaAly,
revealing Eing4s fraudulent Bomer Borthy approach here)
<lso, the e1tent to Bhich Eing flat out admits he manipulates the record is an
emAarrassment to this Court and the Bar: 8(<+7N@ 2 -ol) 7, (;age 3%4:" to 3%4:7' 9+)
E7N@: 7n other Bords, everything 9r) Coughlin sent, oftentimes Bith these multiple
captions Bhere he4s sending them to many people, he might caption as a pleading, it doesn't
ma$e it a pleading) I" #as "% <e s%8e"#i'9 "#a" !as sent "% )s, filed in, a' "#a" !%)l <e a
7leai'9) <nd if there Bas such a thing as file stamped Bith the supreme court, it Bill go up)H
*ounds very similar to Eing allegedly he does not control the LCler5 of CourtH during the
9!#.!"# interaction Bith Coughlin detailed in Coughlin4s 9otion for $rder to *hoB Cause
(se$&e on the *BN and suAmitted for filing Bith the *BN Cler5 of Court on "%!"!"# in
%&3&, and suAmitted at that time in N@"#2%#%4 as Bell, though apparently never filed
stamped Ay the *BN, yet ruled on in the ;anel Chair4s "%!3"!"# $rder, Bhich indicates such
Bas filed in on "%!"!"#, Bhich aAsolutely entitles Coughlin, even more than Cler5 ;eters
9!""!"# assertions respecting the permissiAility of Coughlin filing (and therefore serving on
Bar Counsel' Ay facsimile')
.) $n Cune 7, #%"# the *upreme Court of the *tate of Nevada upon petition of Bar
Counse pursuant to *C+ """, ordered Coughlin temporarily suspended from the practice of laB in
Nevada) /he $rder futher directed that the matter Ae referrred to the <ppropriate disciplinary Aoard,
as mandated Ay *C+ """ (&', Bith directions for the Aoard to institute a formal hearing DAefore a
hearing panel in Bhich the sole issue to Ae determined shall Ae the e1tent of the discipline to Ae
imposed)D 7n the 9atter of Discipline of Z<C8<+= B) C$:@867N, (s3), Bar No) 9473, No)
%&3&, Cune 7, #%"#)
) $n NovemAer "., #%"" Coughlin Bas arrested and charged Bith three violations of the +eno
9unicipal Code) /he charges of 0ailure to ;rovide (vidence of *ecurity or 7nsurance (a violation of
+9C )%)...(a'' and 0ailure to ;rovide -ehicle +egistration (a violation of +9C )%).%(a''
Bere dismissed at arraignment) $n 0eAruary #7, #%"# a trial Bas held in +eno 9unicipal Court
Aefore the 8onoraAle Cudge Dorothy Nash 8olmes on the remaining charge of a +ight of >ay *top
*ign violation at an intersection (a violation of +9C )%)"7%(a'') Coughlin again appeared in
propria persona) /he trial commenced at 3 p)m) and Bas concluded Ay the Court at 4:3% p)m), Bithout
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a verdict, after the court held Coughlin in criminal contempt of court for his Aehavior and activities
committed during the course of the trial and in the presence of the Court) *ee 8earing (1hiAit 4)
$+D(+ 07ND7N@ /8( D(0(ND<N/ 7N (%'"e87" $0 C$:+/ <ND 79;$*7N@ *<NC/7$N*)
(N$/(: it is completely untrue and disengenous for the ;ane to ma5e this Lfinding of factH
especially Bhere, suAse3uently, in its oBn Lconclusions of laBH the ;anel fails to identify either civil
contempt order as a Lcriminal convictionH under and +;C &)4(A' analysis) 7n a criminal case a
sentence is a Kudgment) >ash)27n re Clar5, #4 >ash) #D "%., "3 ;)#D .77 (>ash) "94.')
7) Cudge Nash 8olmes ordered Coughlin into custody on 0eAruary #7, #%"# and to Ae
incarcerated at the >ashoe County +egional Detention 0acility for the term of five (.' days)
<lternatively Coughlin could pay a fine of I.%%) /he Court4s sentence Bas Aased on its detailed
findings regarding Coughlin4s (%')(" in his oBn defense)
D/he court finds that defendant4s (%'"e87"uous (%')(" consisted of his
rude, sarcastic, inappropriate, insuAordinate, disrespectful, antagonistic,
deceitful, is$)7"ive, argumentative and childish Aehavior during trial, all of
Bhich appeared to Ae done to ve1 and annoy the court, the Bitness, and the
opposing party, and to is$)7" the trial process) /he court finds that the
folloBing occurred, and constitute (%'"e87": "' defendant4s mimeli5e,
cloBnish antics of ma5ing faces at the court? sagging doBn into his seat and
hanging his head? loo5ing Aehind himself and inside his coat as if searching
for a Aetter Bay to as5 a 3uestion? rolling his eyes? and mimic5ing others
Bords? #' defendant4s incessant arguing Bith the court, tal5ing over the court,
and interrupting the court? 3' defendant4s repeatedly restating matters after
Aeing told Ay the court to Dmove onD or Das5 the ne1t 3uestion?D 4'
defendant4s repeatedly inKecting allegations of AriAery, perKury, and police
retaliation into the matter after the court instructed him not to, and directed
him to limit himself to issues pertaining to the facts of the DBoulevard *top?D
.' defendant4s repeatedly trying to insertD +ichard 8illD into his 3uestions and
statements Bhen such person Bas not relevant to the proceeding and the
defendant had Aeen ordered to stop discussing that? ' defendant4s
disregarding the rules of evidence and court procedure Ay continually posing
improper 3uestions after Aeing directed Ay the court to properly phrase his
3uestions 7' defendant4s continually accusing the court of denying him the
right or aAility to as5 3uestions and telling the court to Dgive me a list of
3uestions you Bant me to as5?D &' defendant4s suggesting that the court Dtell
me Bhat Bould ma5e you happy?D 9' defendant4s lying to the court in
response to direct 3uestions posed Ay the court Bith regard to his recording
the proceedings? and "%' defendant4s failing and refusing to properly e1amine
the Bitness, despite numerous admonitions Ay the court to stop repeating
3uestions, misstating ansBers, inKecting irrelevant material, arguing Bith the
Bitness and mischaracteriGing the testimony)D
*ee 8earing (1hiAit $+D(+ 07ND7N@ /8( D(0(ND<N/ 7N (%'"e87" $0 C$:+/ <ND
79;$*7N@ *<NC/7$N*)
&) /he trial of the matter Bas continued to 9arch "#, #%"#) Coughlin failed to appear
and failed to contact the court to e1plain or e1cuse his aAsence) 8oBever, after serving the five2day
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(%'"e87" of Court sanction and after Aeing released from custody, Coughlin fa12filed a ##42page
document entitled D'%"i(e of <ppeal of *ummary (%'"e87" $rder? 9otion to +eturn ;ersonal
;roperty Confiscated Ay +eno 9unicipal Courts and 7ts 9arshalls? 9otion for NeB /rial and to <lter
or <mend *ummary (%'"e87" $rder)D *ee 8earing (1hiAit ., $+D(+, ; #, lines "2)
(N$/(: Contempt of court in the form of filing a false pleading did not constitute a contempt
committed in the Dimmediate presence and vieB of the courtD as such term Bas used in a statute
authoriGing summary punishment for such a contempt) (1 parte Collins, 3#9 9ich) "9#, 4. N)>)#d
3" ("9.%')
<s to Lfailing to appearH, one there does not appear to Ae anything in the record (not that the
+9C Bould let Coughlin vieB it' to suggest Coughlin Bas noticed in Briting Bith respect to the date
and time of such 3!"#!"# continuation of the traffic citation trial suspended on #!#7!"# Ay Cudge Nash
8olmes summarily incarcerating then practicing attorney Coughlin) 0urther, the enormity of the
disturbance to Coughlin's life and la" practice occasion by such summary incarceration dictated
ta$ing a bit more seriously the avoidance of prejudice to client's matters than the federal case a
municipal court Kudge and her croo5ed, thuggish marshal Bere trying to ma5e of a Lsimple traffic
citation trialH)
During that period of time, such client's fires needing addressing "ere numerous) 0or
instance, there Bas pressing concerns in the Eeller case (N-B "%2%."%4', the @essin adversary
proceedings (N-B ""2%.%77 and ""2%.%7&', (astman (#CDC C-""2%%&#%', the :70*< and custody
case for 8arris (0-%.2 and 0-""2', custody case for Bell (0-""2%4#&', foreclosure defense for the
Carpteniers (C-%&2 ', the matter of an Coughlin4s oBn +eply Brief coming due Bhile in the summary
eviction from his former laB office involving as opposing counsel the very same +ichard @) 8ill,
(s3), Bhom attempted to have Coughlin served (despite CaploB and his Aeing an e2filer' the #!&!"#
$rder to *hoB Cause in the appeal of that summary eviction (such $rder to *hoB Cause hearing Bas
resolved in Coughlin4s favor in Cudge 0lanagan4s 3!#7!"# $rder, Bhich Eing Bas provided', Ay the
same >C*$ Deputy 9achen Bhom AurglariGed Coughlins4 former home laB office on ""!"!"" Bith
8ill4s associate Ba5er (and 9achen again AurglariGed one of Coughlin4s rentals on !#&!"# Bhile
purportedly attempting to conduct a loc5out Bithout the passing of #4 hours from the tenant4s receipt
of any such summary removal order in +ev#%"#2%%"%4&)))at Bhich point Deputy 9achen also
arrested Coughlin in +C+#%"#279&%, a case Bhich the +CC and >CD< let drag on for nearly a year
in a transparent attempt to leverage such (Bhich they alBays intended to dismiss given the enormity
of the proAlems associated Bith the !"4!"# . Day Notice allegedly posted (Aut not mailed, much less
Bith a :*;* Certificate of 9ailing' listing, pursuant to N+* 4%)#.3(3'(A'(3' L*par5s Custice CourtH
as the court Bhich Coughlin must file his /enant4s <nsBer!<ffidavit)))Bhere Coughlin timely
suAmitted such /enant4s <nsBer for filing Bith the *par5s Custice Court and a re3uest to proceed in
forma pauperis to Bhich the *par5s Custice Court cler5s committed misconduct in failing to file in or
otherBise apprise Coughlin of any deficiencies incident thereto, and then to set such matter for
hearing, Aut rather, the *CC simply forBarded Coughlin4s !#!"# /enant4s <nsBer (Bhich Bas a
9otion to Dismiss for lac5 of Kurisdiction' to the +eno Custice Court in a fa1 at "":%. am on !#&!"#
(Bhich the +CC has suAse3uently removed from the file in the matter Bhich is opened, +ev#%"#2
%%"%4& upon Nevada Court *ervices suAmitting a landlord4s affidavit (Bhich Bas deficient anyBays,
and Bhich indicated it had rented Coughlin a LdBelling unit or apartmentH only to then indicate
Coughlin had somehoB Areached the rental agreement that such affidavit referenced as attached
thereto, Aut Bhich Bas not, and is still not attached thereto in the +CC file in that matter (also e1cised
from the +CC file in that matter is the !#!"# email to the +CC and its then Chief Civil Cler5 Earen
*tancil, 6iG *tuchell of the >C*$ Civil Division (9achen4s supervisor', a memAer of the +eno ;D,
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and the +CC4s general email address)))Bhich is odd considering, clearly, such email Bas, at one point,
part of such file, on the left hand side thereof, under the doc5et)
0or instance, Bith @essin, for Bhom Coughlin filed an $pposition to 9otion for *ummary
Cudgment on 3!"9!"# (Kust 4 days after Aeing AurglariGed Ay the >C*$ and @ayle Eern, (s3), on
3!".!"# incident to the too early summary loc5out' there is noB a decision detailing such time period
from the :nited *tates Ban5ruptcy <ppellate ;anel of the Ninth Circuit: N-2""2%.%7&)
http:!!cdn)ca9)uscourts)gov!datastore!Aap!#%"3!%3!%.!@essinO#%O#%9emoO#%"#2"33%)pdf L$n
0eAruary #", #%"#, /aitano filed her 9*C Aased on the state court Kudgment, the arAitratorPs findings
of fraud and the doctrine of issue preclusion) *n ,arch 11, !1, a""%$'e: Da(# C%)9#li', file a
la"e %77%si"i%'"" on deAtorPs Aehalf) /he opposition, of Bhich Be have ta5en Kudicial notice,
covered a numAer of grounds) 2irst, it addressed the role of Coughlin, Bho apparently Bas listed as
the attorney of record in the adversary, Aut Bho Bas actually ghost Briting deAtorPs pleadings)
(N$/(: this is rather interesting, given +ichard @) 8ill, (s3), purportedly emailed the *BN an
unsigned LgrievanceH against Coughlin ma5ing such Aaseless and negligent Lghost BritingH
accusations, Bhich Coughlin so thoroughly eviscerated to the *BN that such Bas not even an
accusation in the *BN4s &!#3!"# Complaint (and, really, the purported email, unsigned grievance Ay
8ill, Bhom astoundingly is on the NNDB ;anel (Bhich says Kust aAout all one ever need 5noB aAout
such ;anel' Bas apparently so completely defenestrated Ay Coughlin that the *BN Bas too
emAarrassed Ay it to even see5 to admit it into evidence, despite the failure to do so 5ind of
undermining the attempt to estaAlish LAy clear and convincing evidenceH that Coughlin somehoB
violated +;C &)", so much so, that the *BN and ;anel Bere reduced to ma5ing some lame arguments
that Coughlin4s receiving a letter from Eing, Bhich Eing purports to have sent on 0eAruary "4
th
, #%"#
(and "hich -ing's complaint falsely asserts -ing or the %.3 ever emailed to Coughlin', Aut Bhich
Coughlin, due to issues stemming from @ayle Eern, (s3)4s chicanery, that of her Lassociat
Coughlin sought to BithdraB) Ne1t, the opposition contained Lpoints and authoritiesH under
Bhich numerous cases addressing Areach of fiduciary duty under N .#3(a'(4' Bere cited Bith little
analysis or discussion) /hird, deAtor re3uested the Aan5ruptcy court vacate the state court Kudgment
Aased on his counselPs failure to LGealously advocateH deAtorPs position during the arAitration
hearing, contending this Bas e1cusaAle neglect under Civil +ule %(A' (incorporated Ay +ule 9%#4')
0ourth, deAtor asserted that the arAitrator had e1ceeded his Kurisdiction Aecause he ruled on real
property matters) 0ifth and last, deAtor re3uested the Kudgment Ae vacated Aecause of neBly
discovered evidence)"# (footnotes: "" /he actual title of the document Bas L9otion for (1tension of
/ime to 0ile $pposition to 9otion for *ummary Cudgment for DischargeaAility? or, ;lead in the
<lternative, $pposition to 9otion for *ummary Cudgment and 9otion to >ithdraB as Counsel)H >e
ta5e Kudicial notice of deAtorPs opposition to /aitanoPs summary Kudgment and his supplement Bith
attached e1hiAits Bhich Bere doc5eted and imaged Ay the Ban5ruptcy Court in this case) <tBood v)
Chase 9anhattan 9ortg) Co) (7n re <tBood', #93 B)+) ##7, #33 n)9 (9th Cir) B<; #%%3') "# /his
evidence consisted of numerous affidavits of individuals Bho Bor5ed Bith Christina 8o, deAtorPs e12
girlfriend and the mother of his son) 8oPs co2Bor5ers declared that 8o had entered into a conspiracy
Bith /aitano and +issone to defraud deAtor and ruin him financially) 7t does not appear that these
affidavits Bere filed in the arAitration proceeding nor is there any indication that deAtor moved to
vacate the Kudgment in the state court Bith this neBly discovered evidence)' $n 9ay 4, #%"#, the
Aan5ruptcy court heard the 9*C, Aut the transcript reflects that no suAstantive arguments Bere made
Bith respect to the motion) /he Aan5ruptcy court stated on the record that it Bould grant the 9*C
Aased on the preclusive effect of the state court Kudgment) /he court re3uested /aitanoPs counsel to
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file certified copies of the state court Kudgment and record and too5 the matter under suAmission) $n
Cune &, #%"#, the Aan5ruptcy court entered an order granting /aitanoPs 9*C on the grounds that the
state court arAitratorPs aBard estaAlished every element under N .#3(a'(#' and thus the doctrine of
issue preclusion prevented deAtor from relitigating those elements in the Aan5ruptcy court) DeAtor
timely appealed))))777) 7**:( >hether the Aan5ruptcy court erred in deciding that the state court
Kudgment Bas nondischargeaAle under N .#3(a'(#' Aased on the doctrine of issue preclusion)H
9) Cudge Nash 8olmes oAse$&e that the pleading filed Ay Coughlin failed to address
most of the topics listed in the caption) +ather, she oAse$&e, the document contained ramAling
references to Coughlin4s personal life, his father4s footAall career in college? doGens of pages of string
citations ta5en from the internet and other unrelated references) Cudge Nash 8olmes found the
pleading to Ae disKointed and incoherent and a Dpathetic demonstration of Bhat might once have Aeen
legal and academic proBess that appears to noB Ae greatly damaged)D *ee 8earing (1hiAit .,
$+D(+, ;#, lines 92".? ;#, lines "2#%)
"%) Cudge Nash 8olmes also found that Coughlin, after Aeing released from custody
folloBing the 0eAruary #7, #%"# (%'"e87" of Court incarceration, filed other nonsensical pleadings
including a #"& page document:
D)))purported to Ae yet another motion in this case entitled D9otion to +eturn Cell
;hones? 9otion to *et <side *ummary (%'"e87" $rder? and '%"i(e of <ppeal of
*ummary (%'"e87" $rder)D >ith scant discussion of, or relevance to, the aAove
captioned matter, said document mostly argues against Cudge 8oBard in a
Department 4 case and again contains more than #%% pages of string legal citations?
lyrics to roc5s (sic' songs? 9r) Coughlin4s personal family history? discussion of an
e&i("i%' case and another (%'"e87" case? disKointed legal citations and other
nonsensical matters that have no apparent relevance to his traffic citation case)
"") <fter oAserving that Coughlin4s (%')(" had Aeen inappropriate, AiGarre, dishonest,
irrational and is$)7"ive, Cudge Nash 8olmes concluded, Ay clear and convincing evidence, that
Coughlin had committed numerous acts of attorney mis(%')(", including, Aut not limited to,
violating +ules of ;rofessional (%')(" &)4(c', &)4(d', 3)3(a', 3)", 3)#, 3)4(c', ")3 and ")") *ee
8earing (1hiAit ., $+D(+, ;,3, lines #.2#? ;4, lines .2#3)
"#) Cudge Nash 8olmes also concluded that Coughlin violated Nevada *upreme Court +ule
##9, section #(A', as amended Ay <DE/ 449 on <ugust ", #%"" Ay surreptitiously recording the
traffic court proceedings Bithout advance permission and lying to the court Bhen 3uestioned
regarding the matter Ay denying that he had done so) *ee 8earing (1hiAits, $+D(+, ;,4, lines #42#&)
"3) Cudge Nash 8olmes ordered, among other orders, that the traffic court matter Ae
continued and all proceedings relating to the traffic court matter Ae tolled pending referral of the
matter to the *tate Bar of Nevada) *ee 8earing (1hiAit ., $+D(+, ;,4, lines 72 "&,
"4) $n 9arch "4, #%"#, Cudge Nash 8olmes referred the matter of Coughlin to *tate Bar
Counsel David Clar5 and suggested the matter had some urgency) *ee 8earing (1hiAit &, 6etter dated
9arch "4, #%"# from +eno 9unicipal Court Cudge Dorothy Nash 8olmes to $ffice of *tate Bar
Counsel, Nevada *tate Bar)
".) Cudge 8olmes testified at the hearing of this disciplinary matter that one of the purposes of
her 9arch "4, #%"# $rder Bas to provide the panel to hear this matter Bith clear and convincing
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evidence, Aased on her e1perience and Aac5ground as an attorney, prosecutor and Kudge that Coughlin
had violated numerous provisions of the Nevada +ules of ;rofessional (%')(") *ee
/ranscript of ;roceedings of >ednesday, NovemAer "4, #%"#, ; "37, 6 ## 2; "3&, 6 9)
") :)*) Ban5ruptcy Cudge Bruce Beesley Bas called to testify at the hearing of this
matter) During the time frame #%"" to #%"#, Coughlin appeared Aefore Cudge Beesley tBo or three
times as an attorney representing clients in a Aan5ruptcy matter) $n one occasion Coughlin appeared
Bearing a /2shirt and a tie and no Kac5et) *ee /ranscript of ;roceedings of >ednesday, NovemAer
"4, #%"#, ; "%, 6 "%2") Coughlin had filed a pleading in the Aan5ruptcy matter, on Aehalf of his
client) Cudge Beesley testified that the pleading Bas Dlengthy, didn4t ma5e any sense, and Kust sort of
ramAled through a great deal of irrelevant stuff)D *ee /ranscript of ;roceedings of >ednesday,
NovemAer "4, #%"#, ; "%, 6 #4 2; "", 6 ") $n other occasions, although Coughlin appeared polite
and intelligent, his pleadings and arguments didn4t ma5e any sense) *ee /ranscript of ;roceedings of
>ednesday, NovemAer "4,#%"#, ; "", 6#27
"7) Cudge Beesley Aecame concerned, Brote a letter to the *tate Bar e1plaining his
e1perience Bith Coughlin and indicated that he did not Aelieve Coughlin, in his current state, Bas
aAle to ade3uately represent his clients) *ee /ranscript of 8earing >ednesday, NovemAer "4, #%"#,;
"3, 6 #4 2; "4, 6 7)
"&) 7n Cudge Beesley4s opinion, Coughlin is not competent to practice laB) *ee /ranscript
of ;roceedings of >ednesday, NovemAer "4,#%"#,;7*, 6 "" 2".)
"9) *tate Bar Counsel called attorney +ichard 8ill to testify at the hearing of this matter:
9r) 8ill has Aeen a memAer in good standing Bith the *tate Bar of Nevada for 33 years) *ee
/ranscript of ;roceedings of >ednesday, NovemAer "4, #%"#, ; 3, 6 ## ; 37 6 4) 9r) 8ill Bas
retained Ay Dr) 9erliss to assist Dr) 9erliss in a landlord tenant dispute Bith his tenant Coughlin) *ee
/ranscript of ;roceedings of >ednesday, NovemAer "4, #%"#, ; 37, 6"4 2#%) 9r) 8ill represented
Dr) 9erliss in +eno Custice Court and >ashoe County District Court and tBo appeals to the Nevada
*upreme Court in the matters involving Dr) 9erliss and Coughlin) *ee /ranscript of 8earing
>ednesday, NovemAer "4, #%"#, ; 39, 6 "3 2#4) 9r) 8ill has also revieBed filings in of a case in
Bhich Coughlin is involved Bith >ashoe 6egal *ervices) *ee /ranscript of ;roceedings >ednesday,
NovemAer "4, #%"#, ; 39, 6 #. ; 4%, 6 3)
#%) 7n the e&i("i%' proceeding AetBeen Dr) 9erliss and Coughlin, 9r) 8ill4s firm oAtained
an e&i("i%' order alloBing Coughlin one Bee5 to vacate the premises) :ltimately, Coughlin failed to
comply Bith the e&i("i%' order and Bas convicted of criminal "$es7ass) *ee /ranscript of 8earing
>ednesday, NovemAer "4, #%"#, ; 4", 6 "& 2; 44, 6 "#)
(LHEARING E 3%l. I, *Pa9es A/F/- "% AAF/B' B= 9+) E7N@: F Did you end up
getting an eviction order removing 9r) Coughlin from Dr) 9erliss4s homeM < (+ichard @)
8ill, (s3)' >e did) F *uAse3uent to the eviction order, Bas 9r) Coughlin removed from
the homeM < 74m sorry) /here Bas an %$e$ issued in court "#a" 9a&e M$. C%)9#li' a
"ee$ to vacate) 7 Aelieve it Bas NovemAer " that my Bife, my associate 22 and my
associate, "ent to the home "ith the sheriff and conducted a loc$out) /he front door
loc5s Bere changed) /he Aac5 door loc5s Bere changed) 9+) C$:@867N: $AKection)
9+) (C8(-(++7<: (1cuse me) $AKection BhatM 9+) C$:@867N: 8earsay) 9+)
(C8(-(++7<: 8earsayM $verruled) /8( >7/N(**: <nd the Bhole thing Bas
videotaped) /he ne1t day 7 Bent to the home to videotape the place to preserve Bhat Bas
there to prevent any arguments later, Aecause by that point in time "e $ne" "hat "e "ere
dealing "ith) 7 get there, and the front door is loc5ed, Aut almost all the BindoBs are
closed Aut unloc5ed, and the Aac5 door is unloc5ed) <nd 7, of course, go through, loc5
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everything, ma5e sure the place is secure, videotaped it) <nd 7 Bent Aac5 and read my "ife
and my associate the riot act, and they Aoth said no, the doors Bere loc5ed) $5ay) 7 go
Aac5 the ne1t day, same thing) Bac5 door4s unloc5ed, BindoBs are unloc5ed) (his
continues for the ne't t"o "ee$s) 9r) Coughlin is sending out e2mails to us but "ill not,
apparently, read the e&mails "e're sending to him saying Be have to get your stuff out of
here) No response) ("o "ee$s after the eviction on a %unday Dr) ,erliss comes to to"n
and says, 7 Bant to see the house) 7 meet him aAout "%:3%, "":%% o4cloc5 on a *unday
morning at the house) >e go in) Bac5 door is open) (here's food "rappers on the counter
that've been there that "eren't there the last time + "as in) >indoBs are open again, and
it4s a very e1acerAating situation) A' #e sa:s, I !a'" "% (#e(C "#e <ase8e'". I i';"
C'%! "#e$e !as a <ase8e'" i' "#e #%)se. T#e$e;s "#i'9s 7ile i' "#e s"ai$!ell "% 9e"
%!' i'"% "#e <ase8e'", "%%l Ci"s, a' #ea&: s")ff. We 9e" i" %)" %f "#e !a:. We 9e"
%!' "#e$e. A' I (a' see !#e' #e 7)s#es %' "#e %%$, a' he turns to me, and he
says, 4+t's barricaded,+ f$%8 "#e i'sie. I" !as';" l%(Ce, i" !as <a$$i(ae. 5e $no"
"hat's going on. %o "e call the police. T#e 7%li(e (%8e %&e$. (hey try to get 6ach out of
the basement, "hoever "as in there at that point. T#e police bang on the door, "Come on
out, Zach. Police. You have to go.+ N% $es7%'se. (hey turned to us and say, "e're going
to leave. *NOTEF %es "#a" '%" s%$" %f &i"ia"e a': s)<se>)e'" fi'i'9 %f 7$%<a<le
(a)se "% a$$es" !#e$e "#e 7%li(e (lea$l: % '%" feel ?)s"ifie i' 7)$s)i'9 s)(# alle9e
ille9al a("i&i":G, Wai" a 8i')"e. I;8 "#e %!'e$. Y%) #a&e "#e a)"#%$i": "% <$eaC "#e
%%$ %!'. +We %';" % "#a".+ S% D$. Me$liss 9%es %!' "% "#e <%""%8 %f "#e s"ai$s.
Dr) ,erliss $ic$s the door open, and the police officer stic$s his head around the corner
and pulls his gun out, and here's ,r) Coughlin do"n there. 9r) Coughlin voluntarily
came upstairs "ith his dog and "as placed under arrest) <fter he left, Be Bent
doBnstairs) M$. C%)9#li' #a a !elli'9 se" )7. He #a !a"e$. He #a f%%. He #a a
#%" 7la"e, a 8i($%!a&e, #a #is (%87)"e$ se" )7 %!' "#e$e. He #a "#e %9. T#e$e
!as %9 f%%, %9 7%%7. He #a a <e a' #is (%87)"e$ s:s"e8 se" )7 %!' "#e$e. 7e
"as arrested and "as subse#uently convicted of criminal trespassH'
#") $n Aehalf of his client Dr) 9erliss, M$. Hill s%)9#" a' obtained an order in favor
of Dr) ,erliss and against Coughlin a"arding Dr) ,erliss attorney's fees i' "#e a8%)'" %f
HAB,625.56) >ashoe District Court Cudge ;atric5 0lanagan entered the order on Cune #., #%"#)
(N$/(: this use of the term LsanctionH is noticeaAly aAsent from this LfindingH and the folloBing
e1cerpt from the transcript cited to, further, despite such e1cerpt Aeing only tBo lines long, it does
manage to reveal that Cudge 0lanagan4s $rder granted L9erliss4s motion for attorney4s feesH)))Bhich,
Bhen one considers that 9erliss4s 4!"9!"# filing Bas titled L' *ee /ranscript of ;roceedings of
>ednesday, NovemAer "4, #%"#, ; 47, 6 327)
(8(<+7N@ 2 -ol) 7, (;age 47:3 to 47:7' LF 7n this order did Cudge 0lanagan accept
that Ay granting the full amount of fees re3uestedM 7f you read the last sentence of ;age 3)
< (+ichard @) 8ill, (s3)' =es) D<ccordingly, 9erliss4s motion for attorney's fees is
granted in the sum of I4#,%.).%)H'
(N$/(: >ell, so BhatM *ince Bhen do N+* 9)%.% Lprevailing partyH attorney
fee aBards Barrant a summary disAarment proceedingM 8ave some respect for
yourself, *BN, NNDB) <s far as this Lfinding is concerned, and the e1cerpt of the
transcript it cites to, such LaBard of attorney4s fees may Bell have Aeen nothing more
than an aBard of the Lprevailing partyH attorney4s fees of appeal from a Kustice court
civil action pursuant to NRS 2..656, Bhere a LKudgmentH is involved, that 8ill4s
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associate, Casey D) Ba5er, (s3), cited to as providing a Aasis for such a fee aBard
(never mind that N+* 4%)4%% ma5es N+<; controlling, meaning only N+<; 3&
Bould provide such a Aasis for any fee aBard, and Breliant limits the adKucatory
Aoundaries, right (though he failed to cite to any such authority for such proposition,
that Bas the gist of Ba5er4s argument that Coughlin4s failing to specifically cite to
N+* 4%)3&. in any filing (Ba5er4s "!3!"# $pposition to Coughlin4s "#!3%!"" N+*
4%)3&. citing 9otion to *tay incorrectly asserts that Coughlin first cited to N+*
4%)3&. in Coughlin4s "#!.!"" filing in the Kustice court Bhen, actually, Coughlin4s
""!#3!"" filings e1pressly cites to N+* 4%)3& and Coughlin4s "%!".!"" Britten
correspondence Bith Ba5er e1cerpts the folloBing from the L6andlord /enant
8andAoo5H distriAuted Ay the <$C: L/he draBAac5s to summary eviction are: ")
=ou cannot get a money Kudgment as part of your action? 3) /he tenant may Ae aAle
to file an appeal, and remain in the unit until the appeal is heard Ay posting a Aond
Bith the court that may Ae cheaper than that re3uired in the formal eviction
process))))H)
0urther, it is Borth noting that 8ill4s oBn associate, Ba5er4s 4!"9!"# 9otion for
<ttorney4s 0ees lies Bhere it reads: L#) Coughlin filed his first notice of appeal in
the eviction case on NovemAer 3, #%"", tBo days after he "as properly and
la"fully loc$ed out ofthe property) +$<, -ol) 777, pp) ##92#33H given the fact
that Ba5er, 8ill, and the landlord 9erliss actually AurglariGed Coughlin4s
former home laB office, so, uh, its rather a stretch to taunt N+<; 3& Ay
asserting that Coughlin LBas properly and laBfully loc5ed out of the
property)H '
See Hea$i'9 E0#i<i" B, P 1, L /6E//) (L<ccordingly, 9erliss4s Motion for Attorney's
ees is @+<N/(D in the sum of I4#,%.).%)H'
(N$/(: Cudge 0lanagan4s !#.!"# $rder in %3#& (08(#' reads: LORDER C-""2
%3#& 7 Currently Aefore this Court is +espondent 9<// 9(+67**4 s (D9erlissD' Motion
for Attorney's ees filed on <pril "9, #%"#) +n the absence of any opposition from <ppellant
Z<C8<+= B<+E(+ C$:@867N (DCoughlinD', 9erliss suAmitted this matter for decision
on 9ay 9, #%"#) 8oBever, on Cune 9, #%"#, Coughlin filed a !upplement to "pposition to
Motion for Attorney's ees. 7n response, 9erliss filed a #eply to !upplement to "pposition to
Motion for Attorney's ees on Cune "4, #%"#, and suAmitted the matter2again2that same day)
9erliss re3uests this Court to aBard attorney4s fees in the amount of I4#,%.).% against
Coughlin in the underlying summary eviction matter pursuant to N+* 9)%.% and N+* 7)%&.
9erliss and his counsel aver these fees are reasonaAle, particularly given Coughlin4
DdeliAerateQR ))) pattern of aAusive, ve1atious, and most importantly, e07e'si&e Aehavior in
Aoth this appeal and in the case AeloB Qin +eno Custice CourtR)D (9ot) at p) #' ($riginal
emphasis) 9erliss avers Coughlin4s litigation strategy DBas simply to 5eep the fight goingD
and Dre3uire suAstantial additional Bor5 Ay 9erliss4 counsel, far Aeyond anything in a
4normal4 eviction)4 (9ot) at p) 3)' 9erliss asserts this additional Bor5 Bas necessary Aecause
he Dcould not ris5 the court accepting some random citation in Coughlin4s papers and entering
an adverse ruling Aecause QheR had not opposed it)D (9ot) at p) .)' 0urther, 9erliss4s counsel,
+ichard @) 8ill, alleges these fees Ddo not include suAstantial amount of editing and other
activities performed Ay Q9r) 8illR in this case)D (9ot) a p) ? 9ot) (1) 4)' 9erliss contends
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DQiRt is hard to imagine a more appropriate case than this in Bhich to aBard the ma1imum
amount Kustified Ay the suAstantial evidence Aefore the court)4 (9ot) at p) )' 9erliss goes
even further and states:
<s proven aAove and AeloB, the frivolity and ve1atiousness of Coughlin4s
maintenance and e1tension of this matter has Aeen so Aeyond reason, and so
outrageous, and the ne1us of his Aehavior to the fees incurred Ay 9erliss so
direct and indisputaAle, that nothing less than a full aBard of those fees should
even Ae considered Ay the court) /o not impose the full measure of the harm
Coughlin has caused Bould reBard and encourage his ve1atiousness in this and
other cases) /here needs to Ae a day of rec5oning for Coughlin4s antics)
(9ot) at p) &)'
Nevada laB provides for Da reasonaAle attorney fee to Ae fi1ed and alloBed Ay the
district court for all services rendered in Aehalf of the prevailing partyD on appeal from Kustice
court) N(-) +(-) */</) N 9)%.%) 7n addition, N+* 7)%&. re3uires the district court to order
an attorney personally to pay reasonaAle attorney4s fees incurred as a result of the filing,
maintaining or defending of civil action Bhere Dsuch action or defense is not Bell2grounded
in fact or is not Barranted Ay e1isting laB ))))D N(-) +(-) */</) N 7)%&.("'(a') /he same
applies to attorney Bho has DQu RnreasonaAly and ve1atiously e1tended a (i&il a("i%') D N(-)
+(-) */</) N 7)%&.("'(A')
7f grounds e1ist to aBard attorney4s fees, Nevada courts folloB the lodestar analysis)
*huette v) BeaGer 8omes 8oldings Corp), "#" Nev) &37, &4, "#4 ;)3d .3%, .49 (#%%.'
(D/he lodestar approach involves multiplying the numAer of hours reasonaAly spent on the
case Ay reasonaAle hourly rate)D' (Fuotations and citations omitted)' 7n determining the
reasonaAlenes of the fee aBard, the district court should consider the folloBing four factors:
("' the advocates4 3ualities? (#' the character of the Bor5? (3' the Bor5 performed? and (4' the
result oAtained) *ee, BrunGell v) @olden @ate Nat4l Ban5, &. Nev) 34., 349, 4.. ;)#d 3", 33
("99' (citation omitted'? Barney v) 9t) +ose 8eating S <ir Conditioning, "#4 Nev) &#",
&#9, "9# ;)3d 73%, 73 (#%%&' (per curiam' (applying the BrunGell factors')
Af"e$ $e&ie!i'9 Me$liss;s 8%&i'9 7a7e$s2including the detailed and thorough
summary of fees and his counsels4 accompanying $eclarations%and after considering all of
the parties' arguments, this Court concludes 9erliss4s attorney4s fees re3uest is authoriGed Ay
Nevada laB) /his Court also has considered the factors set forth in BrunGell, supra. <fter
analyGing those factors, and given the uni#ue features of this case, this Court concludes
9erliss4s fee re3uest is reasonaAle)
<ccordingly, 9erliss4s Motion for Attorney's ees is @+<N/(D in the sum of I4#,%.).%)
7/ 7* *$ $+D(+(D) D</(D this #.th day of Cune, #%"#) !s! ;atric5 0lanagan District
CudgeH'
(he motion see$ing attorney's fees Bas Aased on Coughlin4s (%')(" in the defense of the
e&i("i%' matter, Bhich (%')(" Bas characteriGed as frivolous and ve1atious and presumably so
found by 8udge 2lanagan) *ee 8earing (1hiAit ; #, 6 &2"3? ; 3, 6 42"")
##) Based on 9r) 8ill4s e1perience and Aac5ground, his revieB of the pleadings in the
litigation AetBeen Dr) 9erliss and Coughlin and his revieB of the pleadings in Coughlin4s litigation
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Bith >ashoe 6egal *ervices, 9r) 8ill is of the opinion that Coughlin is not competent to practice
laB) *ee /ranscript of 8earing >ednesday, NovemAer "4, #%"#, ; 39, 6 " 2"#)
#3) Based on 9r) 8ill4s e1perience in litigating Bith Coughlin, Coughlin Bas not truthful
Bith either counsel or the court) *ee /ranscript of 8earing >ednesday, NovemAer "4, #%"#, ; .3, 6
2") 9r) 8ill felt that Coughlin4s filings Bere aAusive, at one point calling 9r) 8ill4s associate a
lichen) Coughlin has accused 9r) 8ill of AriAing the +eno ;olice Department to have Coughlin
arrested) 9r) 8ill4s staff is terroriGed Ay Coughlin) *ee >ednesday, NovemAer "4, #%"#, ; .4, 6 4
2".)
#4) *tate Bar Counsel called attorney ;aul (lcano to testify at the hearing of this matter)
9r) (lcano is the e1ecutive director of >ashoe 6egal *ervices that provides legal services to
indigents) *ee /ranscript of 8earing >ednesday, NovemAer "4, #%"#, ; &&, 6 #. 2; &9, 6 "4)
Coughlin Bas employed Ay >ashoe 6egal *ervices from <ugust #9, #%%7 to 9ay "", #%%9) *ee
/ranscript of 8earing >ednesday, NovemAer "4, #%"#, ; 93, 6 "7 2#%) 9r) (Ccano Aecame aBare of
an order entered Ay Cudge @ardner on <pril "%, #%%9 in the matter of Coshi v Coshi and, as a result,
revieBed the taped transcript of the hearing) *ee /ranscript of 8earing >ednesday, NovemAer
"4,#%"#, ; 94, 6 ## 2; 9., 6 )
#.) Cudge @ardner4s order in the Coshi matter indicated that Coughlin had (%')("e '%
is(%&e$: i' "#e (ase a' faile "% 7$ese'" a': %()8e'"a$: e&ie'(e a" "#e "$ial %f "#e 8a""e$
%' <e#alf %f #is (lie'" M$s. J%s#i. *ee 8earing (1hiAit ; "#, 6 4 2) <fter commenting on various
negative aspects of Coughlin4s representation of his client 9rs) Coshi, (*ee 8earing (1hiAit ; "#, 6 9
2; "3, 6 4%' Cudge @ardner specifically held:
D/he most trouAling aspect of this case Bas 9r) Coughlin4s rude, sarcastic and
disrespectful presentation at trial? 9r) Coughlin4s inaAility to understand a Aalance
sheet? his failure to (%')(" discovery? and his lac5 of 5noBledge Bith regard to the
rules of evidence and trial procedure) <ll of this Bas compounded Bith a
continuously antagonistic presentation of the case that resulted in a shift from a fairly
simple divorce case to a contentious divorce trial lasting an e1cessive amount of
time) D
*ee 8earing (1hiAit ; "3, 6 . 2"%
#) Cudge @ardner sanctioned Coughlin personally and aBarded attorney4s fees to 9r) Coshi
in the amount of I934 to Ae paid personally Ay Coughlin Bithin 3% days of the order) *ee 8earing
(1hiAit ; "3, 6 "4 2"7
:h, no) <ctually, Cudge 6) @ardner has never sanctioned Coughlin) /here is not sanctions
order of any legally operative effect in e1istence that so holds) >hat is sanctionaAle is Eing and
Cudge Nash 8olmes presenting such (and perhaps Cudge 6) @ardner and her brother +9C Cudge >)
@ardner for giving such to Cudge Nash 8olmes, though, clearly, Cudge >) @ardner e1pressed surprise
to hear that such 08(3 that he received from his sister and passed around to his felloB +9C Cudges
had Aeen provided to the *BN Ay Cudge Nash 8olmes (echoing the lac5 of permission to spea5 on his
Aehalf that +9C Cudge DilBorth e1pressed disatisfaction Bith respect to during the trial incident to
the Brongful +;D arrest of 7!3!"# in +9C "# C+ "#4#%') >hether Cudge >) @ardner Bas negligent
in providing such inoperative 08(3 to Cudge Nash 8olmes is a matter for 9r) *arnoBs5i, and
perhaps the courts, given Kudicial immunity is not 3uite such an impenetraAle defense Bhen it comes
to courts of limited Kurisdiction)))*ee, @laGier)
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#CDC Cudge 6) @ardner4s #!#.!%9 $rder reads: D$+D(+ +( ;+(/+7<6
;+$C(D:+( /his matter is set for trial on 9arch "#, #%%9 at ":3% p)m) @ood cause
appearing, 7/ 7* 8(+(B= $+D(+(D that, if a party intends to offer more than ten trial
e'hibits, the proposed e'hibits must be bound, tabbed and inde'ed) Plaintiff's e'hibits "ill
be mar$ed in alphabetical se#uence and Defendant's e'hibits "ill be mar$ed in numerical
se#uence) 9ach party shall submit t"o copies of the proposed e'hibits to the Court and one
copy to the opposing counsel) Counsel shall contact 9artha Casi3ue2<ndreBs at 77.23#.2
779 to schedule a time Bith the Cler5 to organiGe and mar5 e1hiAits) 0or trials set for one
full day or more, counsel shall meet Bith the Court Cler5 no later than 3:%% p)m) on the
0riday prior to trial to mar5 the trial e1hiAits) 0or trials Bhich are scheduled for less than one
full day, e1hiAits shall Ae mar5ed immediately prior to the convening for trial, and counsel
shall arrive at least ". minutes Aefore the scheduled time of trial) ;rior to meeting Bith the
Court Cler5, counsel shall meet and discuss the admissiAility of proposed e1hiAits) <t the
time of mar5ing the e1hiAits Bith the Cler5, the Cler5 shall Ae told Bhich (1hiAits may Ae
admitted Bithout oAKection) <t the opening of trial, counsel shall inform the Court Bhich
e1hiAits are Aeing admitted Bithout oAKection) (ach party must file Bith the Court a trial
statement, financial declaration and :CCC< declaration) Courtesy copies of the trial
statement shall Ae hand2delivered to opposing counsel and Cudge @ardner4s chamAers Ay no
later than .:%% p)m) five (.' days prior to trial) 0ailure to timely deliver these documents may
result in sanctions against the offending party as set forth in N+C; 37) 7f the financial
circumstances of a party have changed suAstantially since the filing of the most recent
financial declaration, that party is to file an updated financial declaration at the same time as
filing the trial statement) Dated this ))ay of 0eAruary, #%%9) !s! 6inda 9) @ardnerD
#CDC Cudge 6) @ardner4s 7!".!%9 $rder reads: D $+D(+ D(N=7N@ 9$/7$N /$
*/+7E( 7N ;<+/? $+D(+ @+<N/7N@ 9$/7$N /$ */+7E( 7N ;<+/ $n <pril "3,
#%%9, the Court entered an $rder <fter /rial specifying its findings of fact and conclusions of
laB Aased upon the divorce trial that too5 place 9arch "# and 9arch "7, #%%9) $n 9ay "#,
#%%9, a Notice of <ppeal Bas filed Ay Zachary Coughlin, (s3), specifying he Bas appealing
the $rder <fter /rial entered <pril "3, #%%9) $n 9ay "3, #%%9, a 9otion to *tri5e Bas filed
Ay Cohn ;) *pringgate, (s3), alleging the Notice of <ppeal filed on 9ay "#, #%%9, Bas
untimely filed pursuant to N+<; 3<) *pecifically, ,r) %pringgate argued there "as no
final judgment entered in this matter yet as the *rder After (rial had not been
memoriali:ed into a 2indings of 2act, Conclusions of /a", 8udgment and Decree of
Divorce") (fn" < Decree of Divorce Bas entered in this case on Cune "9, #%%9)' $n 9ay #7,
#%%9, a +e3uest for *uAmission Bas filed Ay 9r) *pringgate) $n Cune &, #%%9, 9r) Coughlin
opposed the motion and argued it Bas not clear Bhether the $rder <fter /rial Bas a final
order, and DQiRt certainly is not Borth ris5ing the deadline for filing an appeal) ) ) $pposition
#:"32#:"4) $n Cune &, #%%9, a +e3uest for *uAmission Bas filed Ay 9r) Coughlin)
:pon revieB of the pleadings and papers filed herein, the Court finds and $rders as
folloBs) 7nsofar as 9r) Coughlin is appealing the aBard of attorney4s fees, the Court finds the
$rder <fter /rial entered <pril "3, #%%9, Bas a final order from Bhich 9r) Coughlin may
appeal as the Court did not intend the aBard of attorney4s fees to Ae included in the Decree of
Divorce) <ccordingly, 9r) *pringgate4s 9otion to *tri5e is denied Bith respect to the
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appealaAility of the $rder <fter /rial as it pertains to the aBard of attorney4s fees) >ith
regard to appeal of the issues pertaining to the Coshi marriage!divorce, the Court finds the
$rder <fter /rial Bas not a final order from Bhich 9r) Coughlin may appeal as the Court
intended all issues pertaining to the 8oshi marriage;divorce to be separate and apart from
the a"ard of attorney's fees) (N$/(: then, certainly, it made little sense to mi1 the tBo in
one 4!"3!%9 $rder <fter /rial, Aut regardless, the !"9!%9 final Decree of Divorce (especially
Bhen vieB Bith the 5noBledge that *pringgate4s .!#"!%9 ;roposed Decree contained an
attorney4s fees aBard provision, and Bhere the 7!##!%9 <ccordingly, 9r) *pringgate4s 9otion
to *tri5e is granted Bith respect to the appealaAility of the issues pertaining solely to the Coshi
divorce) @$$D C<:*( <;;(<+7N@7 7/ 7* *$ $+D(+(D) Dated: Culy "., #%%9 !s! 6inda
9) @ardner District Court CudgeH
C(+/707C</( $0 9<767N@ ;ursuant to N+C; .(A', 7 certify that 7 am an employee
of the *econd Cudicial District Court, and that on the K fry day of Culy, #%%9, 7 deposited for
mailing, first class postage pre2paid, at +eno, Nevada, a true and correct copy of the
foregoing document addressed to: Document: $rder Denying 9otion to *tri5e in ;art? $rder
@ranting 9otion to *tri5e in ;art Zachary Coughlin, (s3) 94. >) "#th *treet +eno, N-
&9.%3 7 hereAy certify that on the ". day of Culy, #%%9, 7 electronically filed the foregoing
Bith the Cler5 of the Court system Bhich Bill send a notice of electronic filing to the
folloBing: Cohn *pringgate, (s3) 9arc <shley, (s3) !s! *tephenie Broome <dministrative
<ssistant 2 Dept) "4D (N$/(: there is an inconsistent approach ta5en Ay the #CDC,
*pringgate, and >6* in only serving certain selected filings or orders in D-%&2%""& on
Coughlin upon his Aeing terminated Ay >6*)
*pringgate4s letter to Coughlin supports the Consent Decree argument, to Bhatever
e1tent any fees Bere even still part of any operative $rder or Decree given *pringgate4s
;roposed Decree of .!#"!%9 contained a section e1pressly providing for such fees, Bhere the
0inal Decree #CDC Cudge 6) @ardner entered on !"9!%9 (Bhich noAody served on Coughlin,
conveniently' contained all of *pringgate4s ;roposed Decree save the paragraph therein
providing for an aBard of attorney4s fees) 0urther, Cudge 6) @ardner4s $rder of 7!".!%9
further supports the position that there Bas no longer any attorney fees aBard, as a sanction or
otherBise (li5ely due to a recognition of the legitimacy of Coughlin4s argument Bith respect
to *pringgate having failed to comply Bith N+C; ""4s #" day safe harAor provision
(incorporated into N+* 7)%&. Ay the e1press language of such statute' in addition to the fact
that the 4!"3!%9 $rder <fter /rial relied upon a position that alimony Bas not indicated, and,
therefore, Coughlin had litigated ve1atiously, Bhere the 0inal Decree ultimately entered did,
in fact, aBard alimony to Coughlin4s former client) 0urther support for this position resides
Bhere >6* and *pringgate arguaAly entered into a Consent Decree even further vitiating any
finding that attorney4s fees Bere aBarded) *pringgate4s letter to Coguhlin of "#!&!%9 reads:
LDecemAer &, #%%9 -7< (9<76 Zachary Coughlin, (s3) 73" 0oreset *treet +eno, N=
&9.%9 Dear Zach: 7 have received the *upreme Court4s $rder Denying ;etition for >rit of
9andamus) <ccordingly, you still oBe me fees from the *econd Cudicial District Court
matter, and are in contempt for not paying them) 9y offer to ma&e a to&en donation to Casa
de 'ida or, alternatively, the ood (an& of )orthern )evada, remains in effect) /hey need
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the help and 7 Bould Ae happy to put this case Aehind me) ;lease advise as to your intentions)
-ery truly yours, C$8N ;) *;+7N@@</(, (*F)D
/he 7!##!%9 filing in D-%&2%""& reads: L*/7;:6</7$N /$ <9(ND D(C+(( $0
D7-$+C( C$9( N$> the parties hereto, <*8>7N C$*87, ;laintiff, Ay and through his
counsel of record, C$8N ;) *;+7N@@</(, (*F), and B8<+/7 C$*87, Ay and through her
counsel of record, 9<+C <*86(=, (*F), of >ashoe 6egal *ervices, and hereAy stipulate
and agree to an $rder <mending the Decree of Divorce in the folloBing regards: 7n response
to 9s) Coshi4s motion, the Court amended the proposed 2indings of 2act to include a
finding of *39 D*//AR <=1)!!> per year alimony for ,s) 8oshi) H%!e&e$, "#e De($ee, as
a8e'e <: "#e C%)$", i '%" i'(l)e a "e$8. T#e 7a$"ies #a %$i9i'all: a9$ee %$
s)99es"e a "e$8 %f fi&e *5, :ea$s a' "#e: "#e$ef%$e s"i7)la"e a' a9$ee "#a" "#is
S"i7)la"i%' a' O$e$ "#e$e%' s#all a8e' "#e De($ee %f Di&%$(e "% i'(l)e ONE
DOLLAR *H/.66, ali8%': f%$ fi&e *5, :ea$s i' fa&%$ %f Ms. J%s#i. D</(D: 7!#%!%9 !s!
Cohn *pringgate, (s3), !s! 9arc <shley, (s3)D
#7) Based on the order and Coughlin4s (%')(" in the Coshi matter, Coughlin Bas terminated
Ay >ashoe 6egal *ervices) *ee /ranscript of 8earing >ednesday, NovemAer "4, #%"#, ; ""%, 672&
#&, 7n 9r) (lcano4s opinion, Coughlin is not competent to practice laB) *ee /ranscript of 8earing
>ednesday, NovemAer "4, #%"#, ; 94, 6 3 2&)
#9) *tate Bar Counsel called Coughlin to testify at the hearing of the matter) Coughlin Bas
3uestioned Bith regard to a letter dated 0eAruary "4, #%"# from <ssistant Bar Counsel Eing to
Coughlin in Bhich Bar Counsel forBarded to Coughlin correspondence received from +ichard @)
8ill) *ee /ranscript of 8earing >ednesday, NovemAer "4, #%"#, ; "3, 6 "3 2; "4, 6 #3) *ee
8earing (1hiAit ) Coughlin4s response, dated 9arch 9, #%"#, as5ed for additional time in Bhich to
respond) *ee 8earing (1hiAit 7) No evidence Bas presented that Coughlin suAstantively responded to
Bar Counsel4s letter of 0eAruary "4, #%"# prior to the filing of the Complaint in this matter) Coughlin
failed to directly respond to Bar Counsel4s 3uestions in3uiring if Coughlin ever suAse3uently
responded to Bar Counsel4s letter of 0eAruary "4, #%"#) *ee >ednesday, NovemAer "4, #%"#, ; "9,
6 "3 2; "7#, 6 ")
3%) Coughlin also faile "% directly respond "% >)es"i%'i'9 $e9a$i'9 !#e"#e$ %$ '%" #e
#a substantively responded, prior to the filing of the Complaint in this matter, to a letter
for"arded to him from .ar Counsel regarding the letter received by the 3evada %tate .ar from
8udge Dorothy 3ash 7olmes and dated ,arch 1?, !1) *ee /ranscript of 8earing >ednesday,
NovemAer "4, #%"#, ; "74, 6 "3 2; "&%, 6 4) *ee 8earing (1hiAit &) (N$/(: "#e$e is '%"#i'9 i'
"#e $e(%$ "% s)77%$" "#e Ifi'i'9J "#a" C%)9#li' $e(ei&e s)(# le""e$ from Ba$ C%)'sel, in fact,
Coughlin testified to Bar Counsel4s chicanery in that regard, and certainly Eing should not Ae
alloBed to LtestifyH to sending Coughlin some letter that Eing refused to even see5 have admitted
into evidence, especially Bhere Eing successfully moved, on an e1 parte Aasis, to 3uash Coughlin4s
suApoenas on Eing and *BN Cler5 of Court ;eters, not to mention +;C 3)7, etc))
0)$"#e$, "#e$e is '%"#i'9 i' "#e $e(%$ "% i'i(a"e "hen Coughlin first sa" such 3!"4!"#
grievance letter that +9C Cudge Nash 8olmes sent to the *BN, not Coughlin (Eing4s constant
trumpeting of the LAates stampsH that he had affi1ed to the Ao1 of 3,#%% pages delivered to Coughlin
four Kudicial days Aefore the hearing (in flagrant violation of all of *C+ "%.(#'(c' references the Aates
stamps found on the 8earing (1hiAit &)))and Bhere Eing admits such letter did not have any such
Aates stamping on it to Aegin Bith, its inappropriate for Eing to have successfully had admitted such
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version Bith Eing4s ""!7!"# production of 3,#%% pages Borth of Aates stamped *C+ "%.(#'(c'
materials (none of Bhich include any Canon #, +ule #)". letters from the Cudges Bhose orders Eing
offered as evidence of Coughlin4s professional mis(%')(", such as 8earing (1hiAit #4s Cudge
0lanagan $rder of !#.!"# in the appeal of the summary e&i("i%' from Coughlin4s former home laB
office that +ichard @) 8ill, (s3), AurglariGed Bhile managing to get Coughlin Brongfully convicted
of criminal "$es7ass (see "9%"' Ay 8ill4s lying to, and Bith, the +eno ;olice Department') *ome
Lclear and convincingH evidence of *hen Coughlin received or vieBed such letter Bould Ae pretty
important to support the ;anel4s LfindingH that Coughlin Lfailed to directly respond "% >)es"i%'i'9
$e9a$i'9 !#e"#e$ %$ '%" #e #a s)<s"a'"i&el: $es7%'e, prior to the filing of the Complaint in
this matter, to a letter for"arded to him from .ar Counsel@ directly respond "% >)es"i%'i'9
$e9a$i'9 !#e"#e$ %$ '%" #e #a s)<s"a'"i&el: $es7%'e, prior to the filing of the Complaint in
this matter, to a letter for"arded to him from .ar Counsel@ Bhere LBhenH and Lprior to the filing of
the ComplaintH ta5e on similar importance to the fact that there is no evidence that Bar Counsel even
forBarded Coughlin such letter to Aegin Bith (Aoy Bas the ;anel Chair mad that Coughlin could not
honestly testify on Aehalf of the *tate Bar as to Bhen, if ever, he received such letter from the
*BN)))it Bould have helped so very, very much alleviate all the messy issues that Bould Ae associated
Bith putting the 3!"!"# letter from Eing to Coughlin ('%"i(e the *BN did not present any copy of
any such letter Bith some Certificate of 9ailing slip to prove Coughlin ever received it, and Coughlin
testified e1tensively, and offered a great deal of proof as to the fact that he Bas not regularly
receiving his mail Bhen such letter Bas sent, including offering copies of numerous envelopes
(several sent to Coughlin4s Ay the +9C even' that Coughlin only received much later, after senders
notified him of such Aeing returned to them, or after the :*;* finally releasing such to Coughlin,
replete Bith, in many instances, several of the small yelloB stic5ers indicating a variety of reroutings
and Lrecipient temporarily unavailaAleH messages incident to the domestic violence and mailAo1
tampering!lease disputes!Brongful summary e&i("i%' Ay @ayle Eern, (s3) (Bhom also had
Coughlin4s former home laB officer AurglariGed Bith the help of the >C*$, Kust an hour Aefore the
very 3!".!"# hearing in N-B "%2%."%4 that Cudge Beesley testified aAout'
8(<+7N@ 2 -ol) 7, (;ages "74:"3 to "&%:4' DB= 9+) E7N@: F Do you recogniGe
that letter that4s Aeen identified as (1hiAit & that purports to Ae "ritten to ,r) David
Clar$, *ffice of .ar Counsel, from 8udge Dorothy 3ash 7olmesM < 7t is the one that
has a received 9arch "4th date on itM 9+) (C8(-(++7<: 7t4s the one that4s mar5ed
(1hiAit &) B= 9+) E7N@: F /he one 7 Kust handed you) Did you see that letterM < 7
don4t see it mar5ed (1hiAit &) 7t4s not mar5ed) F 7t4s mar5ed up here, 9r) Coughlin) <
/hat4s Bhy 7 Bas as5ing for clarification) 9arch "4th) F /he 3uestion is: Do you
recogniGe that letterM < =es, sir) F <nd 22 < T#is is "#e le""e$ !#e$e s#e alle9es a
(%87e"e'(: iss)e, a' "#e' 9%es %' "% sa:, <)" I;8 s"ill "$:i'9 "% #%l a "$ial, I;8
"$:i'9 "% 9e" "#is "$ial se" $i9#" a!a:, i' &i%la"i%' %f NRS /-4.A65 !#i(# s"a"es :%)
s"a: 7$%(eei'9s !#e' :%) feel a efe'a'" #as a (%87e"e'(: iss)e. Y%) %';"
7l)'9e $i9#" a#ea. T#a" le""e$, :ea#, I $e(%9'iKe i") 9+) E7N@: 74m going to as5 that
(1hiAit No) & Ae admitted) /his is the letter that Cudge 8olmes sent to the $ffice of Bar
Counsel that she testified aAout during her testimony) 9+) (C8(-(++7<: <ny
oAKection, 9r) CoughlinM 9+) C$:@867N: 7 don4t thin5 so) >ell, relevancy) <nd 7
don4t Aelieve this is pled in the complaint) 9+) (C8(-(++7<: $verruled) ((1hiAit &
admitted)' B= 9+) E7N@: F 9r) Coughlin, you received that Aecause Bar counsel
forBarded it to you? is that correctM < 7 don4t rememAer hoB 7 received this) 7 imagine it
Bould 22 7 don4t thin5 a stranger sent it to me) 7 don4t 5noB) F Did you respond to the
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allegations to Bar counsel, the allegations made in the letter Ay Cudge 8olmes, and the
accompanying documents? did you respond to that investigationM < <ctually, 74m trying
to rememAer 22 did 7 get this letter attached to li5e an *C+ ""7 petitionM Can you help
me outM Did 7 get it soon after 22 7 thin5 you Bere 5ind of coy aAout this, actually, ;at)
+ightM =ou 5ind of 22 you Bere 5ind of coy aAout having it) =ou didn4t Kust get this
letter, and then 7 don4t thin5 you mailed it to me on 9arch "4th) 9+) (C8(-(++7<:
9r) Coughlin, the 3uestion is did you reply to itM /8( >7/N(**: 7 don4t 5noB 22 9+)
(C8(-(++7<: 74m sorry) /he 3uestion is: >as it forBarded to youM /8( >7/N(**:
/hat4s Bhat 7 Bas e1pounding upon) 74m trying to rememAer Bhen did 7 first get this
letter) Because this is li5e a gut punch if you4ve devoted your life to Aecoming an
attorney) <nd, in fact, 7 didn4t get her 9arch #&th letter 22 7 mean her 9arch #&th order
that Bas entered) 7 didn4t even get that until 7 saB it attached to an *C+ ""7 disaAility
petition in case numAer %97.) 7 guess 7 5ind of figured she Kust Basn4t going to ma5e an
order, you 5noB) <nd she mailed this one, the one for 0eAruary #&th, she mailed it to the
old +iver +oc5 address Bhere 7 Bas evicted from, despite the fact it appeared, at least a
couple other departments in her court had a more recent address for me) <nd then 7 have
22 if 7 had Aeen '%"i(ed on this 22 7 have a lot of these letters) 7 meticulously 5ept the
envelopes) 7 5ept the change of addresses) 7 thin5 7 might have sent ;at these Bith the
yelloB 22 7 had a lot of the yelloB stic5ers on my letters, you 5noB, Bhere they Bere li5e
22 and the court, the court had these too) /he muni court) <nd 7 had a Aig ordeal Bith the
post office incident to they didn4t Bant to give me a 5ey to the mailAo1) /his e&i("i%',
the evil Bor5 that you sanctioned, ;at, that 7 mentioned earlier, it has a fallout
necessarily) 7n my opinion 22 9+) (C8(-(++7<: 9r) Coughlin, e1cuse me) Do you
rememAer the 3uestionM /8( >7/N(**: =es) 9+) (C8(-(++7<: >hat Bas the
3uestionM /8( >7/N(**: Did 7 receive this) 9+) (C8(-(++7<: <nd the ansBerM
/8( >7/N(**: 74m Bor5ing my Bay through it mentally as to hoB 7 got this) 9+)
E7N@: 7f 74m not mista5en, Be4re past that) =ou said you did receive it) 8e doesn4t recall
hoB) <nd my folloB2up 3uestion Bas: Did you respond to the allegations Ay Cudge
8olmes that are contained in that letter, and Ay the accompanying documentsM 9+)
(C8(-(++7<: 9r) Coughlin, if you could focus on ansBering that 3uestion, that
Bould Ae helpful to the panel) /8( >7/N(**: $ne, this letter is not to me) 7 Bould li5e
to read it) <gain, that4s Bhere the '%"i(e part of due process is 5ey, you 5noB) 7f 7 Bas
'%"i(ed on the idea that 7 didn4t respond to this 22 and 74ll enter my oAKection) 7 Bould li5e
to see Bhere in the complaint it says 9r) Coughlin failed to respond or cooperate Bith
Bar counsel) 7t might) 74d Kust li5e to Ae sure) >here does it say Bhere 22 Bas 7 '%"i(ed
the import of today Bas going to include, the relevant in3uiry today that 7 have Aeen put
on '%"i(e for, Bas going to include the idea that 7 didn4t appropriately respond to thisM *o
if 7 go to the complaint, 74m Kust Bondering Bhere in the complaint might 7 Ae put on
'%"i(e that 7 Bould Ae e1pected to 5noB Bhen 7 got this today, and respond intelligently
in that regard) ((1hiAit 9 mar5ed)' 9+) E7N@: 9r) Chairman, may 7 move onM 9+)
(C8(-(++7<: =ou may) /8( >7/N(**: 9ay 7 ansBer as Aest as 7 can rememAer
thenM 9+) (C8(-(++7<: 7f you Bill ansBer the 3uestion, it Bould Ae helpful) But
these ramAling discourses are not helpful) /8( >7/N(**: /hey4re not Binning any
points on '%"i(e and due processM 9+) (C8(-(++7<: /his is a preliminary
investigation) Bar rules re3uire attorneys to cooperate Bith the preliminary investigation)
<s 7 understand, 9r) Eing is trying to estaAlish Bhether or not you did so) /hat4s an issue
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that 7 Aelieve is relevant to the determination of the degree of punishment, if any, that
should floB to you as a result of your (%')(") *o, 9r) Eing, move on, please) 9+)
E7N@: /han5 you) /8( >7/N(**: =our 8onor, can 7 Kust 3uic5ly attempt to more
thoroughly address that issueM 9+) (C8(-(++7<: 7 thin5 you4ve Aeen afforded
ade3uate opportunity to do so) 8oB you choose to respond is up to you)D
08( &, Cudge 8olmes4 3!"4!"# grievance against Coughlin addressed to the %.3
only (to Bhat, and upon Bhose re3uest Bas Coughlin supposed to Dprovide some
informationD per +;C &)" as to N@"#2%434, much less N@"#2%43.M 0urther, the
portion of the transcript (cheverria cites to in no Bay supports the finding
(cheverria made, it fails to even estaAlish that the *BN ever as5ed Coughlin to
responde, much less Dprovide some re3uired informationD not suAKect to +;C "),
to the *BN in response to Cudge 8olmes 08( & letter' and hand delivered to the
*BN along Bith a LAo1 of materialsH reads:
L)))/his letter constitutes a formal complaint of attorney mis(%')(" and!or
disaAility against Zachary Bar5er Coughlin) /he accompanying Ao1 of materials
demonstrates some of the proAlems Bith the practice of this attorney Aeing
e1perienced Ay myself and the other three Kudges in +eno 9unicipal Court) 9y
tBo most recent $rders in Bhat should Ae a simple traffic citation case are self2
e1planatory and are included, together Bith copies of massive documents 9r)
Coughlin has fa1Tfiled to our court in this case) <udio recordings of tBo of my
hearings in this matter are also included) 8e failed to appear for the second one
this past 9onday)
7 have another traffic case pending trial Bith him that Bas re2assigned to me
Aased on our Department " Kudge Aeing out for surgery) >e have multiple
addresses for 9r) Coughlin and can4t seem to locate him AetBeen cases very
easily) >e are setting that case for trial and attempting to serve him at the most
recent address Be have ("4## () 9th *t) U# +eno N- &9."#', al"#%)9# I #ea$
"%a: he may be living in his vehicle some"here) >e do have an address for
his mother, hoBever, as she recently posted part of a fine for him)
Cudge Een 8oBard, Department 4, had a case on 9r) Coughlin late last year
that is noB on appeal to the *econd Cudicial District Court) Cudge Bill @ardner,
Department #, also has a matter currently pending in his court Bith 9r)
Coughlin as the defendant) 7 have enclosed some copies of documents from
those matters, in chronological order, simply Aecause they appear to
demonstrate that he is #uic$ly decompensating in his mental status) $ur staff
also made you some audio tapes of Coughlin in the matters in Departments #
and 4 so you can hear for yourself hoB this attorney acts in court) =ou can see
his Aehavior in my traffic citation case does not appear to Ae an isolated
incident)
7t is my understanding that +eno Custice Court also has a matter pending on this
attorney) M: J)i(ial Assis"a'" !as (%'"a("e <: "#e Was#%e P)<li(
Defe'e$ i' Fe<$)a$: !#e' I #a M$. C%)9#li' ?aile f%$ (%'"e87" %f
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C%)$" a' "#e: s"a"e "#a" "#e: $e7$ese'" #i8 i' a G$%ss 8ise8ea'%$
8a""e$ i' RJC. I #a&e '% %"#e$ i'f%$8a"i%' %' "#a".
Aou "ill have the full cooperation of myself, the other judges, and the staff of
Reno ,unicipal Court in your pursuit of this matter) 9r) Coughlin has
positioned himself as a ve'atious litigant in our court, antagoniGing the staff
and e&e' %)$ 7$% "e87 ?)9es on the most simple traffic and 8ise8ea'%$
matters) 7 do thin5 this is a case of some urgency, and 7 apologiGe for "aCi'9
"!% a:s "% 9e" "#is 7a(Ca9e "% :%)? our 7/ person Bas ill and could not ma5e
the copies of the audios of 9r) Coughlin4s hearings until today, and 7 felt it Bas
important that the audios Ae included in the materials to Ae considered Ay the
*tate Bar) O' Fe<$)a$: B-, B6/B, M$. C%)9#li' "%l 8e #e !as a("i&el:
7$a("i(i'9 la! a' #a a77%i'"8e'"s !i"# (lie'"s) 7 do not 5noB if that Bas
true, Aut if so, he could Ae causing serious harm to the practice of laB in
Northern Nevada and could be jeopardi:ing someone's freedom or property
interests)D
(N$/(: no matter hoB hard he may try, Coughlin could li5ely never Ae
LKeopardiGing someone4s freedom or property interestsH as regularly and
thoroughly as does Cudge Nash 8olmes, especially "here she damaged such
very interests of Coughlin's clients upon denying a stay of any sort to a then
practicing attorney (something that is pretty much verAoten in <merican
Kurisprudence' (immune from arrest Bhile going to, attending, or leaving court,
and Coughlin maintained such at the time, and therefore did not Baive any such
right, meaning, even had Cudge Nash 8olmes and her creB of 9arshals
managed to conduct a laBful search incident to arrest of Coughlins4 smart phone,
micro sd card, cell phone, and electric shaver, rather than the unlaBful
confiscation of such a day later after those items had already Aeen Aoo5ed into
Coughlin4s property (such items Bere returned to Coughlin Bith all the data
thereon erased, and 5C%* Deputy 7odge admitted to Coughlin on ,arch
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, !1 that the 5ashoe County 8ail had released to the R,C ,arshals
such items already boo$ed into Coughlin's personal property on ;B;1, and
that such "ere still in the possession of the R,C on 3;11;1'
7n a ridiculous attempt to assert some impropriety on Coughlin4s part, li5e that
done Ay Cudge Nash 8olmes in her 3!"3!"# $rder *tri5ing 0ugitive Document
that Eing Bas too emAarrassed Ay to admit in its entirety into the record, but
"hich is mista$enly included the Certificate of ,ailing thereto along "ith the
partial purported filing by Coughlin admitted as 2791 (+"7&42"7&' Bhere
+"7& is the R,C's Certificate of %ervice that -ing mista$enly forgot to
e'cise from 2791, (Bhich does indicate that such "rder (its important to note
that the $rder from Bhich Eing pulled pages # and 3 of 3 of Coughlin4s 3!7!"#
filing in #&%% Aefore Cudge Nash 8olmes is not the same as the orders at
presented in 08( 4 (Bhich Cudge Nash 8olmes testified, spontaneously upon
sensing Eing need her to help out Bith the proAlems associated Bith Coughlin
not Aeing served the $rder of #!#&!"#, that she Lhad him served at the KailH,
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Bhich certainly is not supported Ay the Certificate of 9ailing on such #!#&!"#
$rder at +$< ""7#, Bhich indicates such $rder Bas mailed to Coughlin at the
very L"#" +iver +oc5 *t)H address from Bhich Cudge Nash 8olmes and several
Departments of the +9C 5neB Coughlin had Aeen evicted from Ay the very
+ichard @) 8ill, (s3), referenced at +$< ""7% lines #42#& (L L' Bhere such
Certificate of *ervice fails to include a chec5 ne1t to L>ashoe County CailH and
instead seems to indicate only that such $rder Bas fa1ed to some unspecified
fa1 numAer, though, Coughlin can attest, he certainly Bas not fa1ed any such
$rder (the +9C has steadfastly refused to e1tend any such courtesies to
Coughlin from the very Aeginning, despite there Aeing a multitude of instances
Bhere Certificates of *ervice AetBeen the +9C and the +C< and the +9C4s
court appointed defender alloB for service AetBeen each other Ay email or fa1,
even Bhere Coughlin pleaded Bith the +9C to at least copy him on such $rders
due to the domestic violence Aased interference Bith his mails he Bas facing
during the times in 3uestion at "4## () 9
th
*t) U# (not to mention the misconduct
of the :*;* @olden -alley *tation4s Buc5 8yde, and /erri ;assot, and @ayle
Eern, (s3), and her LassociateH *usan Eing of >estern Nevada 9anagement
(property manager') 7nterestingly, the Certificate of *ervice for a 3!&!"# $rder
Ay Cudge 8olmes denying Coughlin4s 9other4s re3uest for a return of the I"%%
she paid to have Coughlin released from the summary . day incarceration one
day early (doing Lthe old sBitcherooH the +9C too5 Coughlin4s mother4s
money, then concocted a ridiculous scheme Bhere a Kail deputy removed
Coughlin from his cell and Bal5ed him doBn, in chain the entire time, to the
Aoo5ing des5, and announced he Bas having an Lad Aoo5H done, then
immediately returned Coughlin to his cell) (insert complete te1t of ridiculous
3!&!"# $rder in #&%%, Bhere Coughlin4s mother, Bell over one year after such
$rder Bas entered, mysteriously and 3uitely Bas mailed such I"%% Ay the +9C,
Bhich also appears to have mailed Coughlin the I"#%)%% Aail he Bas forced to
post Bhen he could ill afford to, on "!"#!"# incident to +ichard @)8ill, (s3),
getting Coughlin arrested for KayBal5ing Bhile 8ill oAtained he on command
/;$ from +CC Cudge *chroeder in less than forty minutes time in +C;#%"#2
%%%%"&, sufficient to oAstruct Coughlin4s aAility to film any more the fact that
8ill4s contractor, NB74s ;hil *teBart, had via 8ill4s filings, suAmitted Ailsl to
courts see5ing to charge Coughlin I",%%% to Aoard up Coughlin4s former home
laB office Bith Coughlin4s oBn plyBood, and other misconduct Ay 8ill) <ll of
Cudge *ferraGGa4s tal5 aAout retaining contempt poBer incident to the "#!#%!""
8earing on Coughlins4 9otion to Contest ;ersonal ;ropertly 6ien Bas entirely
directed to scenarios Bherein Coughlin Bould Ae accused of damaging the
property in some Bay, and in noB Bay alloBed for Bhat ultimately occurred,
Bhere 8ill and Ba5er oAstructed Coughlin4s aAility to remove his possessions Ay
placing a padloc5 on the Aac5 yard gate and refusing to remove it until midBay
through the second day of moving, and Ay removing Coughlin4s oBn ladder
from the property (petty larcenyM' Bhich Coughlin needed to remove items from
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the storage area in the attic' then 8ill4s associate Ba5er lied in his "!3!"#
$ppsoition to Coughlin N+* 4%)3&. 9otion to *tay of "#!3%!"" in alleging he
and 8ill and entered some agreement Bith Coughlin to alloB Coughlin more
access to remove his Aelongings in e1hange for a Baiver of the security
deposit!cleaning fee of I7%% that remains unreturned despite their failure to
provide a Britten account Bithin 3% days and especially Bhere collateral
estoppel ought prevent any assertion of rent Aeing oBed incident to the
aAandonment of the non2payment summary initial of tBo cases Arought in
+ev#%""2%%"49#)
<lso, the *BN4s convenient manner of Aates stamping oAscures some real
proAlems for the *BN, includign the fact that all pages of 08(3 had a footer that
completely undermined Eing4s and (lcano4s assertions as to the foundation and
authenticity of that 08(3 $rder (one Bhich Eing and (lcano 5noB full Bell Bs
undone Ay Cudge 6) @ardner4s !"9!%9 final Decree, Bhich the #CDC,
*pringgate, and (lcano and >6* failed to serve on Coughlin, and Bhich
completely vitiates the rationale (lcano provided for firing Coughlin, Bhich he
reiterated in his shady testimony, Bhere Coughlin Bas preKudiced in not Aeing
permitted to call (lcano in his case in chief and e1pose the e1tent to Bhich
(lcano4s testimony Bas fraudulent in s5irting the facts presented Ay the !"9!%9
final Decree superseding the 4!"3!%9 $rder <fter /rial in 08(3) /he footer on
such 08(3 read: LCopy of the original on file Bith the *econd Cudicial District
Court)H (and actually the Aates stamping of the #!"3!"3 +$< does not oAscure
such (so much for having provided a Lcertified copyH, huh, EingM <nd so much
for (lcano4s providing La foundationH or authenticating such, much less
providing Le1pert testimonyH relative to it)
<lso, its aBfully odd for the Aates stamping (Bhich the neB Aates stamping on
the #!"3!"3 +$< oAscures' for the ""!7!"# production of documents that Bas
presented as 08(&, and 08(9 contain some ",#% pages AetBeen the tBo Bhere
08(& purportes to Ae Cudge Nash 8olmes grievance letter against Coughlin
addressed to the *BN and 08(9 is an fraudulent presentation of a partial e1hiAit
to an $rder of Cudge Nash 8olmes from 3!&!"# (Aates %"99' , Bhere 08(& is
dated 3!"4!"#(""!7!"# Aates %#9%')
/he inclusion in 08(" at +$< "73 of an unsigned, unsBorn, really,
unattriAuted, 3uasi affidavit of attempted service, Bas entirely preKudicial,
particularly Bhere there is no proof such Bas an attachment to the "%!9!"#
Notice of 7ntent /o /a5e Default immediately preceding it, Bhich, again, the
*BN failed to serve on Coughlin (Bhich further undermines any Lconclusion of
laBH that the ;anel did or did not ma5e (a close reading of such reveals the
;anel only made a Lfinding of factH that Coughlin Bas LservedH the Complaint,
yet stopped short of ma5ing a Lconclusion of laBH to that effect)
8oBever, it is the aAscence of the Aates stamp L%"9%"H at page "7#7 that is
truly fraudulent) /he version of such 3!"#!"# $rder that Eing purports, in his
08(", Bas attached to his &!#3!"# Complaint actually contained, for Kust that
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page . of such $rder at +$< "7#7, the Aates stamping Eing had applied to all
pages of the 3,#%% page production to Coughlin on ""!7!"# (pages " through 4
of such LversionH of the $rder Eing included in the Lpac5etH in 08(" purported
to Ae an accurate copy of the version of such 3!"#!"# $rder attached as (1hiAit 3
to Eing4s Complaint, Bhen, in fact, Eing and *usich used the same Alurry,
illegiAle copy of such $rder in Aoth Eing4s Complaint and the version attached
as an (1hiAit in %97. that Coughlin as5s this Court ta5e Kudicial notice of noB
(ie, a legiAle copy Bithout the ""!7!"# Aates stamping')
<lso, at the conclusion of Coughlin4s (1hiAit "., at +$< "&9", Bhereas the
copy of the 0ormal 8earing (1hiAits Coughlin oAtained from *unshine
6itigation contains tBo full page pictures of the dics Coughlin attached to such
e1hiAit, and Bhich Coughlin suAmitted to Ae mar5ed as an e1hiAit (the Chair is
not permitted to refuse to even have e1hiAits mar5ed, yet he and the *BN
conspired to e1cise such from the +$<, in addition to refusing to even have
mar5ed the complete copy of the 3,#%% page production to Coughlin Ay the *BN
on ""!7!"# (so essential to defensive collateral estoppel analysis') >hereas
+$< "&9#2"&93 should Ae the full page pictures of the discs Coughlin attached
thereto as e1hiAits (along Bith the actual discs themselves, Bhich should Ae, Aut
have not Aeen, transmitted Bith the +$< Ay the *BN, instead, +$< "&9#
proceed directly to 08(")
<dditionally, the LversionH of the 3!"#!"# $rder in 08(. that Eing attached to
the LversionH of his &!#3!"# Complaint Bithin 08(" (+$< "7##2"7#7' lac5s a
LCertificate of *erviceH page, in addition to the
or 08( .Bas fa1ed to the Kail, Aut certainly does not indicate anything aAout the
Kail providing such to Coughlin, and Coughlin has never Aeen provided any
$rder from any court Ay any Kail, ever' though Eing did manage to fraudulently
e1cise Lpage " of 3H of the 3!7!"# filing Ay Coughlin (the page that Bould have
come right Aefore the L<ffidavitH found at +"7&4', a page Bhich clearly
indicates Coughlin is an attorney (to Bhatever ridiculous e1tent the +9C and
Eing are alleging they Bere not already aBare that Coughlin Bas an attorney,
including Bhere Coughlin4s plea for a stay of the . day incarceration order on
#!#7!"# included (as Eing4s oBn stupid pleadings have recounted, duh' the
preKudice to Coughlin4s client upon Cudge Nash 8olmes going against the
overBhelming maKority vieBpoint in american Kurisprudence essentially
re3uring a Cudge refrain from summarily incarcerating an attorney for contempt
(L+"7&#2&3, especailly +"7&3, Bhich ma5es all the more fraudulent Bhat Eing
presented on the very ne1t page of the +$<, Bhere he clearly violated ;+C 3)3,
3)4, and 3)& in removing the first page of the 3!7!"# filing Ay Coughlin in #&%%,
along Bith the 3!"3!"# $rder *tri5ing 0ugitive Document Ay Cudge 8olmes4 (the
$rder to Bhich the Certificate of *ervice found on page "7& goes to' that
attached said filing of 3!7!"# Ay Coughlin (Bhich further conceals the e1tent to
Bhich the +9C attempted to prevent Coughlin from accessing the recording of
that #!#7!"# LtrialH in #&%%, as Coughlin also filed a L+ecords +e3uestH on the
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form the +9C hold out for such purposes, directed toBards oAtaining the audio
transcript of all hearings in that matter, including that of #!#7!"#, Bhich the
+9C refused to respond to)))Bhich is Bhy Coughlin had to stealthily have his
momma go oAtain to the audio transcript from the +9C, in addition to the
LversionsH Bhich Eing and the *BN finally provided Coughlin in late Cune
#%"#, Bhich Eing, curiously, alleges to Ae Lnot certifiedH and apparently lac5ing
in foundation and proAaAly not all that truthful, apparently (if "#a";s s%, "#e'
!#: is';" s%8e%'e i'&es"i9a"i'9 "#e RMC f%$ 7$%&ii'9 IalteredJ a)i%
"$a's($i7"s "% "#e SBNM')
3") $n ,arch C, !1 Coughlin caused to Ae filed an D<ffidavit of ;overty in *upport of
9otion to ;roceed 7nforma ;auperis)D *ee 8earing (1hiAit 9) 7n his <ffidavit, Coughlin represented
that he Bas self2employed as a DCac5 of all /rades)D *ee 8earing (1hiAit 9) /he Affidavit does not
identify ,r) Coughlin as a la"yer or identity any income from the practice of la") *ee 8earing
(1hiAit 9)
(N$/(: Bhy not see 08(& too, especially the sentence in 8olmes letter addressed only to the
%.3 Bhich reads: D $n 2ebruary C, !1, 9r) Coughlin told me he "as actively practicing la"
and had appointments "ith clientsD')
3#) /he record also indicates that Coughlin had also filed a motion on 3ovember 1?, #%"" to
proceed 7n 0orma ;auperis in case numAer "" C+ ##"7 pending in the +eno 9unicipal Court Aefore
Cudge Eenneth +) 8oBard) *ee 8earing (1hiAit "%, ; #, 6 "92#3) (LM$. C%)9#li' is a li(e'se
a""%$'e:Ea"Ela! !#% i87lie )$i'9 "$ial "#a" #is i'(a$(e$a"i%' f%$ (%'"e87" !%)l a&e$sel:
affe(" #is (lie'"s. Ye", M$. C%)9#li', i' #is +affia&i" %f 7%&e$":+ %es '%" i'i(a"e a': i'(%8e
f$%8 #is 7$a("i(e %f la!) $f note, 9r) Coughlin posted cash Aail during the litigation of the instant
matter)H'
(<lso, the D+ulingD of the municipal court Bas affirmed on appeal in C+""2#%4, Bith
the $rder pointing out a failure to cite to pages in the record supporting the arguments in the
Brief) ;ermission to file Ay email Bas granted to Coughlin therein Ay +9C 0iling $fficer
*upervisor Ballard (see attached e1ampled of *upervisor Ballard file stamping a suApoena
that Bas suAmitted via email only) *uch permission to file Ae email Bas BithdraB at the
earliest, on "#!"9!"" (constructive notice to Coughlin thereof') 8oBever, the +ecord on
<ppeal in C+""2#%4 fails to contain the clear, one page per page emailed filings, rather, in
some instances, completely illegiAle 4 page per page versions Bere suAmitted (despite
e1press indications to the +9C filing office that the email version ought Ae included in the
+$<')
LD0Bd: <ttached 7mageM Donna Ballard (BallardDVreno)gov'<dd to
contacts""!#9!"" /o: GachcoughlinVhotmail)com 0rom: Donna Ballard
(BallardDVreno)gov' =ou moved this message to its current location) *ent: /ue ""!#9!""
4:47 ;9 /o: GachcoughlinVhotmail)com $utloo5 <ctive -ieB " attachment (44)% EB'
%"W%%")pdf DoBnload DoBnload as Gip /han5 you) 7 am ta5ing it up to the Department
noB) Donna 22222$riginal 9essage22222 0rom: D9:N7 C/ "st 0loor Cler5sD
XcanonVreno)govY /o: DD$NN<D XAallarddVreno)govY Date: /ue, #9 Nov #%"" "7:4#:#&
2%&%% *uAKect: <ttached 7mage Donna Ballard *enior Court *pecialist +eno 9unicipal Court
" *outh *ierra *treet +eno, Nevada &9.%" (77.'33423"%"H
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LL70;! 07N<NC7<6 7NF:7+= <;;67C</7$N 0rom: Zach Coughlin
(GachcoughlinVhotmail)com' *ent: >ed "#!"4!"" "#:## <9 /o: ballarddDreno)govE
renomunirecordsDreno)gov B a""a(#8e'"s Coughlin +2P and 2inancial +n#uiry Application +9C
""###%"" 11 CR F?!G #7)pdf (3&")9 EB', Coughlin +2P and 2inancial +n#uiry Application +9C
""###%"" 11 CR 1CF #7)pdf (37#)% EB' 6ach Coughlin, 9s#) &"7 N) -irginia *t) U# +eno, N-
&9.%" tel: 77. ##92737 fa1: 949 7 74%# ZachCoughlinVhotmail)com 3evada .ar 3oH 1?C3D'
(N$/(: Coughlin re3uest Kudicial notice Ae ta5en of the error in the date assigned to
such 7n 0orma ;auperis motion, incorrectly identified as filed on ""!"4!"", Bhen, clearly, from the
copy thereof attached as (1hiAit to NNDB Chairman *usich4s .!3"!"# *C+ ""7 ;etition in %97.,
such Bas actually filed after the trial in such matter of ""!3%!"", Bherein Coughlin pleaded for a stay,
citing concern for his client4s affairs, to no avail) *usich, li5e Eing, ta5es the fraudulent calloB
approach in his (1hiAit to e1cising page " of 3 from Coughlin4s 3 page "#!"4!"# 9otion to ;roceed
in 0orma ;auperis and <ffidavit of ;overty 7n *upport of 9otion to ;roceed 7n 0orma ;aupers (see,
Lpage #H mar5ing at the Aottom of the page on the first page of such L(1hiAit H) *uch
clo"nsmanship Ay *usich and Eing must not stand, its an e8<a$$ass8e'" "% "#e Ba$ a' "#e
Ne&aa S)7$e8e C%)$", a' "#e S"a"e %f Ne&aa as a !#%le' Cudge 8oBard4s $rder denying
Coughlin4s motion specifically noted that Coughlin4s Daffidavit of povertyD did not identify any
income from the practice of la" yet Coughlin had implied to the court Bhen sentenced to
incarceration for (%'"e87" that his incarceration Bould adversely affect his clients)
(N$/(: hoB terriAly difficult it is for a +9C former prosecutor turned Kudge to imagine that
any attorney not a prosecutor or former prosecutor turned +9C defender could possiAly yield any
Aenefit to any client, or to admit, in any Bay, the importance of attorneys to the Kudicial system' *ee
8earing (1hiAit "%, ; #, 6 "9 2#3) (N$/(: too Aad Eing4s Complaint did not identify some alleged
failure to Lidentify any income from the practice of la"@ Aasis for arguing some professional
misconduct, Aut, rather, fraudulently asserted L"7) +espondent filed <ffidavits of ;overty in *upport
of his 9otion to ;roceed 7nforma ;auperis, "herein he fails to disclose that he is a licensed
attorney and instead under (mployment and *elf2(mployment he identifies himself as a DCac5 of <ll
/radesD) "&) Despite a claim of poverty in the aAove mentioned affidavits, +espondent told the Court
that his incarceration for contempt Bould adversely affect his clients)H
/he +9C initially approved, in Briting, Coughlin4s suAmitting filings via email
(suAse3uently, Bithout any prior notice, the +9C fraudulently failed to included such filings
suAmitted via email in the +$< for the very petty larceny conviction resulting in Coughlins4 current
temporary suspension, Bhich is an aAominaAly emAarrassing miscarriage of Kustice, in C+""2#%4',
and Coughlin4s suAmission on "#!"4!"# clearly defeats the vague at Aest LaccusationsH made Bith
respect to any 9otions to ;roceed 7n 0orma ;auperis or <ffidavits connected thereto (Bhether pled in
Eing4s Complaint or only added later Ay the ;anel in a desperate attempt to shore up its insipied
"#!"4!"# 0$0C$6':
33) <lthough Coughlin claims to suffer the impairment of attention deficit disorder, for Bhich
he is prescriAed medication and Bhich medication he too5 on the day of his hearing, he does not feel
he needs any additional help) *ee /ranscript of 8earing >ednesday, NovemAer "4, #%"#, ; "99, 6 "3
2; #%4, 6 9)
34) $n <ugust #3, #%"#, the *tate Bar of Nevada filed its Complaint in this matter and served
it upon #espondent Coughlin Ay Certified 9ail to his address then registered Bith the *tate Bar of
Nevada) %ee Doc$et) Complaint)
(N$/(: /he +$< of #!"3!"3 in #337 lac5s any sort of LDoc5etH to LseeH Bhatsoever, and
Coughlin4s numerous re3uests to see any such LDoc5etH Bere reAuffed Ay the *BN!NNDB!;anel, and
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Cler5 of Court ;eters) <dditionaly, *BN Cler5 of Court ;eters oBn "%!9!"# <ffidavit of 6aura
;eters completely disclaims the very <ffidavit of *ervice Ay ;eters herself attached to the &!#3!"#
Complaint)
*ee Coughlin4s 9otion for
3.) Not having received a response to the Complaint, on $ctoAer 9, #%"# the *tate Bar of
Nevada filed and se$&e on +espondent Coughlin, Ay certified mail, a D'%"i(e of 7ntent to ;roceed on
a Default Basis)D /he '%"i(e attached an additional copy of the Complaint and indicated that unless a
responsive pleading to the Complaint Bas received Ay the *tate Bar Ay $ctoAer #4, #%"#, the matter
Bould proceed on a default Aasis) *ee Doc5et, '%"i(e of 7ntent to ;roceed on a Default Basis)
3) $n $ctoAer 3", #%"# ;anel Chair (cheverria issued the ;anel4s $rder denying Coughlin4s
D9otion to DismissD filed *ctober 1F, !1? Denying Coughlin4s D9otion for $rder to *hoB Cause
+egarding 7mproper <ttempt Ay Bar Counsel and, ;ossiAly, NNDB to Delay and $Astruct 8earing
+e3uired Ay Courts (sic' Cune 7, #%"# $rder in Case No) %&3& and Coughlin4s *C+ "%#(4'(d'
;etition in Case "4# filed $ctoAer #, #%"#? Iranting (N$/(: if you say so' Coughlin4s 9otion to
+evieB and 7nspect Bar +ecords filed $ctoAer ", #%"# and Denying Coughlin's ,otion to
.ifurcate 7earing and ,otion to Dismiss for <sic> Complaint <sic> 2ailure to %ufficiently %tate the
Charges "ith %pecificity and %upport and for Jtter 2ailure of .ar Counsel to Perform Reasonable
+nvestigation)D *ee $rder Dated $ctoAer 3", #%"#) 7n that $rder, Chairman (cheverria further
ordered that the 0ormal 8earing Bould proceed on a default Aasis unless Coughlin filed a -erified
<nsBer to the Complaint Ay NovemAer 9, #%"#) *ee $rder Dated $ctoAer 3", #%"#, ; #, 6 72"%)
(N$/(: *BN Cler5 of Court 6aura ;eters DCertificate $f *erviceD for Eing4s
file stamped "%!#4!"# $pposition to Coughlin4s 9otion to Bifurcate, 9otion to
Dismiss reads: DC(+/707C</( $0 *(+-7C( /he undersigned hereAy certifies that
a true and correct copy of the foregoing $pposition to +espondent4s 9otion to
Bifurcate 8earing, 9otion to Dismiss Bas deposited in the :nited *tates 9ai l at
+eno, Nevada, postage fully pre2paid thereon fo r certified and fi rst class mail
addressed to the fo lloBing: Zachary B) Coughlin "47" () 9th *t) +eno N- &9.%.
D</(D this #4th day of $ctoAer, #%"#) !s! 6aura ;eters, <n (mployee $f /he *tate
Bar $f NevadaD 8oBever, /he :*;* /rac5 S Confrim 7ndicates /hat, (ven >here
;eters Certificate $f 9ailing 6ac5s /he 9i5ohn Dto @o $ut /hat DayD 6anguage,
;eters Certificate $f 9ailing 7s :ntrue >here *uch Did Not (ven @o $ut /he Ne1t
Day "%!#.!"", But >as $nly ;ic5ed :p By /he :sps $n "%!#!"#, ;reKudicing
Coughlin4s <Aility /o 0ile < +eply /hereto, (specially >here ;anel Chair
(cheverria, Curiously (even /hough /he ;anel 8ad $nly Been Designated /he
;revious Date, "%!3%!"# By NndA Chair *usich' (ntered <n $rder $n "%!3"!""
Denying Coughlin4s 9otions /o Bifurcate, Dismiss, <nd 0or <n $rder /o *hoB
Cause) /he :sps /rac5 S Confrim 0or *uch "%!#4!"# 0ile *tamped *An Eing
$pposition /o Coughlin4s 9otion /o Birfurcate, 9otion /o Dismiss +eveals: Dyour
6aAel NumAer *ervice *tatus $f =our 7tem Date S /ime 6ocation 0eatures
7%"%#7&%%%%3.4#9..# Notice 6ef / $ctoAer #7, #%"#, 4:%3 ;m +eno, Nv &9."#
Certified 9ail <rrival <t :nit $ctoAer #7, #%"#, :39 <m +eno, Nv &9.%
;rocessed /hrough :sps *ort 0acility $ctoAer #7, #%"#, 4:.% <m +eno, Nv &9."%
Depart :sps *ort 0acility $ctoAer #7, #%"# +eno, Nv &9."% ;rocessed /hrough
:sps *ort 0acility $ctoAer #, #%"#, "%:". ;m +eno, Nv &9."%D <nd, really, such
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is not all that surprising considering Eing4s oBn signature on that $pposition
indicates such Bas D+espectfully suAmitted on this #. day of $ctoAer, #%"# */</(
B<+ $0 N(-<D< D<-7D <) C6<+E, B<+ C$:N*(6 By: !s! ;atric5 $) Eing,
<ssistant Bar CounselD)'
0urther, Aeyond the fact that Aoth Eing and *BN Cler5 of Court 6aura ;eters
denied Coughlin4s verAal and Britten re3uests to so LinspectH the materials to Bhich
Coughlin had a right to do so under *C+ "%.(#'(c' on several occasions AetBeen the
&!#3!"# filing of the Complaint and Lup to Bithin three days of the hearingH, if Eing4s
"%!#.!"# signed (Aut file stamped "%!#4!"#, and :*;* /rac5 S Confirm proven to
have Aeen deposited for mailing on "%!#!"#' $ppoistion to 9otion to Bifurcate and
9otion to Dismiss Bas Aeing truthful Bhere Eing purported to have no oAKection to
Coughlin so inspecting the file (L)))the *tate Bar of Nevada responds as folloBs:
Zachary Coughlin may inspect the evidence that the %tate .ar has pertaining
to his discipline matters up to three <3> days prior to the hearing, pursuant
to %CR 1!G<><c>) Coughlin has Aeen sent, via Aoth certified and first class
mail, a Notice of 8earing Bhich Bas accompanied Ay a Designation of
>itnesses and *ummary of (vidence prepared Ay Aar counsel pursuant to
*upreme Court +ule) (o the e'tent that Coughlin "ants to revie" the
disciplinary files pertaining to his case, .ar Counsel has no objection)H',
"#e' !#: !%)l "#e Pa'el C#ai$;s O$e$ %f /6@1/@/B %$e$ s%8e"#i'9 %"#e$ "#a'
s)(# *i'i(a"i'9, %<&i%)sl:, more e' parte communications bet"een 9cheverria
and the %.3, '%" #a$ "% <elie&e (%'sie$i'9 "#ei$ %ffi(es a$e !i"#i' as s"%'e;s
"#$%! %f ea(# %"#e$) (cheverria should, perhaps, Kust stic5 to defending drun5en
multi2millionaire rapist 3uarterAac5s and get out of the Kudging game')
(cheverria4s "%!3"!"# $rder remi1ed *C+ "%.(#'(c' (and, also, ma5es some
very telling, and interesting findings regarding Bhat Coughlin LfiledH and Bhen
Coughlin filed such filings Bhen considering the manner in Bhich Coughlin
suAmitting such suAmission for filing, and the e1tent to Bhich the *BN failed to
place a file stamp on Coughlin4s 9otion for $rder to *hoB Cause, in addition to
failing to file stamp in, or even recogniGe, the 9!"7!"# 9otion to Dismiss (Bith a 9
page letter to NNDB Chair *usich and the *BN4s Eing that (cheverria Bould later
reference in the hearing in his mista5en assertion that Coughlin did not Bant to
Aifurcate the *C+ "%. Lformal hearingH from the LhearingH re3uired Ay the Nevada
*upreme Court4s !7!"# $rder in %&3& and *C+ """(&' that the *BN e1cised
completely from the #!"3!"3 +$< in #337' as to Coughlin4s Lright to inspect, up to
Bithin three days of the hearingH the permitted materials, and, in going against Bhat
Eing himself indicated (in an oAvious Ait of tric5eration and misdirection given the
e1 parte communications AetBeen (cheverria and the *BN, resulting in such
"%!3"!"# $rder ruling otherBise', Bhere such "%!3"!"# $rder reads: L/he 0ormal
8earing in these matters is scheduled to ta5e place on >ednesday, NovemAer "4,
#%"#, Aeginning at 9:%% at the Northern Nevada Bar Center, 94. DouAle +) Blvd),
*uite B, +eno, Nevada &9.#") %everal motions have been filed and are pending)
/he 0ormal 8earing ;anel Chair has #a a' %77%$")'i": "% $e&ie! a' (%'sie$
"#e f%ll%!i'9 8%"i%'s a' responsive pleadings *NOTEF Eing only filed one
$pposition, and, regardless, LpleadingsH entail only an <nsBer and a Complaint or
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similar (such as a Demurrer, a 9otion to Dismiss, a 9otion for 9ore Definite
*tatement, etc', not $ppositions, so (cheverria4s suAse3uent Lconclusion of laBH that
the allegation in Eing4s Complaint Lcould be ta$e as admitted as a matter of
defaultH in vieB of his LfindingH that Coughlin failed to file a Lresponsive pleadingH
is seriously undone': /herefore, 7/ 7* 8(+(B= $+D(+(D:)) ") ,otion to Dismiss
7$e7a$e *eptemAer ", #%"#, and filed $ctoAer ", #%"#, is D(N7(D) #) M%"i%'
f%$ O$e$ "% S#%! Ca)se +egarding 7mproper <ttempt Ay Bar Counsel and,
;ossiAly, NNDB to Delay and $Astruct 8earing +e3uired Ay Courts Cune 7th, #%"#
$rder in Case No) %&3& and Coughlin4s *C+ "%#(4'(d' ;etition in Case "4#
prepared $ctoAer #, #%"#, and filed $ctoAer ", #%"#, is D(N7(D) 3) M%"i%' "%
Re&ie! a' I's7e(" Ba$ Re(%$s= M%"i%' "% Bif)$(a"e Hea$i'9= M%"i%' "%
Dis8iss for Complaint QsicR 0ailure to *ufficiently *tate the Charges Bith *pecificity
and *upport and for :tter 0ailure of Bar Counsel to ;erform +easonaAle
7nvestigation 7$e7a$e $ctoAer "., #%"#, and filed $ctoAer ", #%"#, is @+<N/(D
7N ;<+/ <ND D(N7(D 7N ;<+/) (he *ffice of .ar Counsel "ill arrange for
copies of the file to be delivered to ,r) Coughlin at the address that he has
provided to the %tate .ar at the earliest opportunity)D
(N$/(: the Learliest opporunityH turned out to ta5e another seven days,
meaning such Bere only delivered to Coughlin four Kudicial days Aefore the formal
disciplinary hearing)
L8(<+7N@ 2 -ol) 7, (;ages :#% to 7:' L9+) (C8(-(++7<: M$. Li'9G
MR. LINGF As "#e $e(%$ $efle("s, M$. C%)9#li' "as served a copy of the
complaint to the address that he is mandated to provide to the *tate Bar) 9+)
C$:@867N: 7 don4t Aelieve that4s correct) 9+) (C8(-(++7<: ;lease don4t
interrupt, 9r) Coughlin) @o ahead) MR. LINGF %ubse#uently, ,r) Coughlin filed,
immediately after "e mailed the complaint via certified and regular mail, ,r)
Coughlin filed a motion to dismiss the complaint)H
8(<+7N@ 2 -ol) 7, (;ages 3%#:"3 to 3%4:".' L9+) (C8(-(++7<: 7 Aelieve
that all the pleadings that have Aeen filed Bould Ae part of the panel4s record that
Bould go to the supreme court) 9+) E7N@: <nything that4s Aeen mar5ed as an
e1hiAit and identified and accepted into evidence Ay the panel Bill Ae part of the
record) <nd the entire transcript of the proceedings) No other documents at this time,
anything that hasn4t Aeen proffered as evidence Bill Ae not admitted) 9+)
(C8(-(++7<: Do the pleadings go up or Kust that Bhich is offered into evidence
and acceptedM 9+) E7N@: /o the e1tent that the complaint Bill certainly go up,
everything that4s in this pac5et Bill go up) <nything that you had mar5ed and
accepted as evidence Bill Ae sent up on the record, along Bith the entire transcript)
But to have other documents Kust compiled, it Bon4t help the record, it Bill ma5e it
more confusing) /he supreme court has Aetter things to do) 9+) -(667*: ;leadings
filed, they don4t go automatically, the Bhole case file doesn4t go, Kust Bhatever is
entered hereM 9+) E7N@: Correct) 9y pleadings, for instance, as you can see Ay the
Bates stamp numAers are thousands of pages of nonsensical e2mails and disparaging
e2mails) 7 didn4t thin5 that that Bould add to this day or help the supreme court) 9+)
(C8(-(++7<: 7 thin5 the confusion, at least 7 have, is Bhether or not the pleadings
themselves, Bhatever file, Bhatever 9r) Coughlin has filed, a motion for Bhatever
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reason, are those part of the record that go up on appealM 7n civil litigation, Bith
Bhich 74m only familiar, that does Aecome part of the record if so designated) 9+)
E7N@: 7f the orders go up, pleadings that are not admitted do not go up) 9+)
C$:@867N: =our 8onor, if 7 can Kust interKect 22 9+) E7N@: 7n other Bords,
everything 9r) Coughlin sent, oftentimes Bith these multiple captions Bhere he4s
sending them to many people, he might caption as a pleading, it doesn4t ma5e it a
pleading) 7t has to Ae something that Bas sent to us, filed in, and that Bould Ae a
pleading) <nd if there Bas such a thing as file stamped Bith the supreme court, it Bill
go up) 9+) -(667*: /hat is my 3uestion) 7t doesn4t have to Ae necessarily Ae
Arought up here, Aut if it Bas suAmitted and file stamped as Aeing suAmitted, then it4s
part of the record that goes up, Bhether it Bas mentioned here or notM 9+) E7N@:
Correct) /hat Bould Ae my understanding) $nly if it Bas properly filed, timely filed,
stamped in Ay the court)H
7ts no Bonder the Bent Bith an L<lphaAetical 6ist of DocumentsH in the +$<
it filed on #!"3!"# (after the +$< it filed on "#!#4!"# Bas stric5en on account of it
Aeing such a trife Ait of codsBallop' Bhere such L<lphaAetical 6ist of DocumentsH
(as opposed to, say, a Doc5et, arranged in chronological order' does indicate that
several of Coughlin4s suAmissions Bere Kust plain not file stamped Ay the *BN
(though purportedly included, at least in part (of course the discs attached as e1hiAits
thereto and the massive Aates stamped pdfs found thereon and transcripts of hearing
the *BN felt Bere of no ulility, and, therefore, not included amongst that transmitted,
though Coughlin filed a 9otion in #337 for such to Ae so transmitted))))B:/, /$
B( C6(<+, <ND /87* 7* 79;$+/<N/: there are several of Coughlin4s filings
that Kust plain Bere not included at all in any Bay in the +$<, including the very
"%!3"!"# '
#337 7ND(Z 67*/ $0 D$C:9(N/* B= ;<@( N:9B(+
"2#& Complaint and 0irst Designation of 8earing ;anel 9emAers &!#3!"#
#923# Notice of 7ntent to ;roceed on a Default Bases "%!9!"#
33237 Notice of 0ormal 8earing? Desig, of >itn), *umm) of (vidence "%!"#!"#
3&239 <ffidavit of 6aura ;eters, Custodian of +ecords "%!9!"#
4%243 9otion to Dismiss "%!".!"# (missing 9 page fa1 to $BC!NNDB of 9!"#!"#
(1h'
43:"2"%9issing (1hiAit ", 9 page fa1 to $BC!NNDB of 9!"#!"#
442"% 9tn $rder *hoB Cause, <mend) 9tn Dismiss (N0, suAm) 9!"7!"#, "%!".!"#'
"%72".# 9otion to +evieB, 7nspect, Bifurcate, *upplem) Dismiss "%!"!"#
".32". $pp) to +espt)4s 9tn to Bifurcate 8earing, 9otion to Dismiss "%!#4!"#
".72".& $rder <ppointing 0ormal 8earing ;anel "%!3%!"#
".92"# Coughlin4s Designation of >itnesses and *ummary of (vidence "%!3"!"#
"32". $rder "%!3"!"#
".:"2
"2"7 9tn to Fuash *uAp) Directed to +9C Cudges and Court *taff ""!#!"#
"772"9. (1 ;arte 9tn to Fuash *uAp) Duces /ecums, *uApoenas to Compel /est)
""!3!"#
"92"97 *upplemental Designation of >itnesses ""!7!"#
"9&2#%% $rder ""!7!"#
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#%"2#%4 Notice of Non2*ervice of 7ntent to /a5e Default of <ppro1) $ct)9, #%"#
""!&!"#
#%.2#" *upplem)+spdt)Desig)>itn)!*umm) (vid), Notice $AK), +eply)$pp)Bifur,
""!&!"#
#"72#97 >ell >ould =ou 9tn *et <side, <lter, <mend $rder, $pp) 9tn Fuash
""!&!"#
#9&23.% (merg) (1 ;arte 9tn to Dismiss, 0or 9ore Definite *tmt, @ood Cause
""!"3!"#
3."23.# $rder ""!"!"#
3.327"4 9otion for NeB /rial, Notice of 8ill and Ba5er4s 9alfeasance ""!3%!"#
7".27"&<mended *upple) to +espondent4s (mergency 9otion to *et <side ""!3%!"#
7"9273Notice of +9C4s 0ailure 0ile Coughlin4s /imely Notice of <ppeal (N0,
""!"!"#'
737279%;ost28earing Brief, 9tn Dis3ualify!9istrial, /ranscript +e3, +econs $rder
Fuashing, Bifurc, , +ule "%3(7' Challenge for Cause (N0, suAmitted ""!"!"#'
79"279 Declaration of Zachary Bar5er Coughlin (N0, suAm) "#!7!"#'
7972"347 9otion for 9istrial (>hopper Choc5ed "%!9!"# <ffd) ;eters' (N0, suAm)
"#!3!"#'
"34&2"37" 0indings of 0act, Conclusions of 6aB "#!"4!"#
"37# Certificate of *ervice Ay 9ail of +ecord $n <ppeal #!"3!"3
"3732"9& /ranscript of 8earing held ""!"4!"#, No +esponse on *C+ ""9 until
"#!"&!"#
"992"9## 0ormal 8earing (1hiAits "2" ""!"4!"#, No +esponse *C+ ""9 until
"#!"&!"#
*BN Eing4s "%!#4!"# (Bell, it Bas file stamped that day, apparently, at least'
O77%si"i%' "% Res7%'e'";s M%"i%' "% Bif)$(a"e Hea$i'9, M%"i%' "%
Dis8iss reads: D+espondent, Zachary Coughlin (DCoughlinD' filed a motion
as$ing to revie" and inspect bar records? M%"i%' "% Bif)$(a"e Hea$i'9 a'
M%"i%' "% Dis8iss) (N$/(: here, Eing reveals the e1tent to Bhich he later
forces *BN Cler5 of Court ;eters to remove from the record the file stamped
copy of the M%"i%' f%$ O$e$ "% S#%! Ca)se that she previously placed in the
record on copied the NNDB ;anel Chair (cheverria on, as (cheverria admits to
in his "%!3"!"# $rder)))its understandaAle Bhy Eing Bould Bant such filing Ay
Coughlin, essentially stric5en (in a real under the taAle sort of Bay, naturally' as
such filing Ay Coughlin completely destroys any assertion Ay the *BN or the
NNDB ;anel that Coughlin Bas served the Complaint, and also Arings into vieB
all the messy issues associated Bith Cler5 of Court!7nvestigator!;aralegal!*BN
Custodian of +ecords 6aura ;eters Bearing so very many different hats in this
formal disciplinary hearing setting' ;atric5 Eing, <ssistant Bar Counsel, on
Aehalf of the *tate Bar of Nevada responds as folloBs:
Zachary Coughlin may inspect the evidence that the %tate .ar has pertaining
to his discipline matters up to three <3> days prior to the hearing, pursuant to
%CR 1!G<><c>) Coughlin has Aeen sent, via Aoth certified and first class mail, a
Notice of 8earing Bhich Bas accompanied Ay a Designation of >itnesses and
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*ummary of (vidence prepared Ay Aar counsel pursuant to *upreme Court +ule)
(o the e'tent that Coughlin "ants to revie" the disciplinary files pertaining to
his case, .ar Counsel has no objection) Coughlin4s M%"i%'s "% Bif)$(a"e a'
"% Dis8iss must Ae denied as totally lac5ing in merit) Consistent Bith other
pleading filed Ay Coughlin, the instant motion is tBenty2seven (#7' pages long
including over one hundred ("%%' pages of attached documents) /ogether the
motions lac5s merit and must Ae denied) /he Complaint in this matter is
sufficiently clear and specific as "% inform C%)9#li' of the charges against
him a' the underlying conduct supporting the charges)
/he Complaint includes t"o criminal convictions (N$/(: s)(# s%$" %f
)'e$8i'es "#e NNDB Pa'el;s fi'i'9s a' (%'(l)si%' 7$e8ise )7%' "#e
&ie! "#a" C%)9#li' s)s"ai'e "!% I($i8i'al (%'"e87"J (%'&i("i%'s, noM' and
a Court $rder finding that by clear and convincing evidence Coughlin violated
numerous rules of professional conduct) *ee *C+ "%.(#') (N$/(: funny, no
mention of 08(#, Cudge 0lanagan4s attorney4s fee LsanctionH (Bell,
+presumably,, rightM No mention of #CDC Cudge 6) @ardner4s stale, laches
ridden $rder Aeing asserted as a Aasis for charging Coughlin Bith violations of
Lnumerous rules of professional conductH'
Coughlin had tBenty (#%' days to file a verified ans"er to the Complaint)
7nstead, Coughlin attempted to avoid service and noB argues that the Complaint
Ae Aifurcated and or dismissed) Coughlin has Aeen temporarily suspended Ay the
Nevada *upreme Court as a result of a *C+ """ petition filed after appeal of a
misdemeanor conviction) /he Court referred the matter to a disciplinary panel
of the Northern Nevada Disciplinary Board) /he pending formal Complaint
filed Ay the *tate Bar of Nevada "as not based e'clusively on the %CR 111
petition, Aut primarily from grievances filed "ith the $ffice of Bar Counsel)
Coughlin is misapplying the Court *rder resulting from a %CR 111 petition)
/he *upreme Court said, regarding the criminal conviction, that the only thing
to Ae decided is the discipline or penalty that should Ae imposed) /he Court4s
position on this is consistent Bith the fact that Coughlin Bas found guilty
Aeyond a reasonaAle douAt and therefore the *tate Bar need not prove that
Coughlin committed the crimes) Coughlin Bould li5e that interpretation to mean
that that *tate Bar may not bring multiple disciplinary charges against
Coughlin in the Complaint) Clearly, Coughlin4s interpretation is Brong)
/he *upreme Court in the same $rder found that Coughlin is suspended
pending a disciplinary hearing) (N$/(: the phrase Lformal disciplinary
hearingH as found in *C+ "%., is aAsent Eing4s restatement of the !&!"# $rder
in %&3&') Coughlin4s 9otion to Dismiss, "hile largely unintelligible, is Aased
on Coughlin4s assertions that Bar Counsel failed to conduct an ade3uate
investigation) *ee 9otion page " ll "%2 "# Bhere Coughlin argues as folloBs:
L*o Coughlin has Aeen and continued to tell Eing aAout the ridiculousness of
the conviction and dismissal of the appeal in the criminal trespass matter, and
Eing gets all spoo5ed aAout his utter failure to investigate, and tries to Kam
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through an *C+ """ filing Bhile on the phone Bith Coughlin)H 9otion page "
ll "%2"#)
(his matter #as <ee' i'&es"i9a"e) /he *upreme Court in response to the first
*C+ """ ;etition suspended Coughlin pending disciplinary hearing) Coughlin
has not filed an Ans"er to the Complaint) Coughlin4s 9otion to Dismiss and
9otion to Bifurcate should Ae denied) +espectfully suAmitted this #.th day
of $ctoAer, #%"#) */</( B<+ $0 N(-<D< D<-7D <) C6<+E, B<+
C$:N*(6 By: !s! ;atric5 $) Eing <ssistant Bar Counsel Nevada Bar No) .%3.
94. DouAle +) Blvd) , *te) B +eno, N- &9.#"
CERTIFICATE OF SER3ICE /he undersigned hereAy certifies that a true
and correct copy of the foregoing $pposition to +espondent4s 9otion to
Bifurcate 8earing, 9otion to Dismiss Bas deposited in the :nited *tates 9ail at
+eno, Nevada, postage fully pre2paid thereon for certified and first class mail
addressed to the folloBing: Zachary B) Coughlin "47" () 9th *t) +eno N-
&9.%. D</(D this ?th day of $ctoAer, #%"#) 6aura ;eters, an employee of
the ,*tate Bar of NevadaD
(N$/(: Cust Bhat does Eing mean Ay Lthis matterHM *uch is especially inscrutaAle
Bhere Eing indicates, aAove, that he need not investigate anything, apparently, Bith respect
to the LtBo criminal convictionsH and LCourt $rderH Bhich found LAy clear and convincing
evidenceH this or that completely Aeyond the Kurisdiction any municipal court Kudge of a
limited Kurisdiciton court has, particularly Bhere such L$rderH is premised almost entirely on
alleged conduct Loutside the immediate presenceH of Lthe courtH (Chief 9arshal Custin +oper
admitted to Coughlin during a conversation Bith Coughlin that neither 9arshal 8arley, nor
any other +9C 9arshal, entered the restroom during the one restroom Area5 in such #!#7!"#
trial Bhile Coughlin Bas using such restroom (Aringing to mind the 3uestion of Kust hoB
Cudge Nash 8olmes could possiAly testify as she did, truthfully (8(<+7N@ 2 -ol) 7, (;age
"4":# to "4":"3' /8( >7/N(**: >hen the marshals came Aac5 from the restroom, they
told me that 9r) Coughlin had, in fact, Aeen recording the proceedings Aecause he had
disassemAled a device and left parts of it in the Aathroom) $r left 22 disassemAled parts of it,
and then they discovered parts of it) 7n any case, Bhen he Bas ta5en into custody and held in
contempt of court at the Kail, he had physically tBo recording devices on him, a cell phone 22
either tBo cell phones or a cell phone and some other recording device) 7 assumed that Bas
pieces of Bhich he Bas messing Bith in the Aathroom)H'
(N$/(: >here Eing Brites L grievances filed "ithH is sort of stretching it, Eing, no,
Bhere N@"#2%43. (the #CDC Cudge 6) @ardner LgrievanceH that Eing Bas forced to admit,
ultimately Bas filed Ay the *BN, (ie, defensive collateral estoppel Aar to Eing4s attempts to
character such as conclusive evidence, or even clear and convincing evidence of any
violations of the rules of professional conduct, particularly Bhere Eing4s Complaint limited
the use of such order to only that Bhich is 3uoted therein, Bhere the ;anel4s 0$0C$6 cited to
protions thereof not so 3uoted in Eing4s Complaint, Bhere Eing failed to even do the Bhole
9irch2style incorporate Ay reference and attach a copy of such $rder to the Complaint
(Banna Aet there is a reason Bhy Eing failed to do so Aeyond his Kust Aeing inordinately laGyM
6i5e, such $rder fails to find Coughlin in contempt, and is premised upon the vieB that
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Coughlin4s LallegationsH (N+C; "" Ay Bay of N+* 7)%&. involves LallegationsH, right,
>illiam 6) /erry, (s3), not the LargumentsH addressed in +;C 3)34s Lmeritorious claimsH
rule' Bere not LAased in fact or laBH Bhere, ultimately, as admitted to in her !"9!%9 0inal
Decree of Divorce, #CDC Cudge 6) @ardner (only after her $rder gave >6*4s (lcano a
prete1t to fire Coughlin' had to admit that some alimony, in fact, Bas appropriate (ie, hard to
argue Coughlin Lve1atiously e1tended a proceedingH Ay failing to Auy *pringgate and Cudge
6) @ardner4s hard sell of *rpinggate4s Lsettlement proposalH Bherein Coughlin4s client Bas to
Baive any claim for alimony in e1change for some illusory agreement that *pringgate4s client
Bould Ae reponsiAle for the inflated medical deAt, and third party unsecured credit card deAt
for Bhich *pringgate4s client Bas the sole signatory (Coughlin provided the *BN all his
filings in .3&33 and .4&44, Bhich Bell detail the Bhole Ldomestic duty has priority over third
party deAtH Aasis in Lfact and laBH that should have prevented the ridiculous LsanctionH Ay
#CDC Cudge @ardner (especially Bhere Coughlin referenced his <6+ article research findings
on point, Bhere such is the maKority vieBpoint in <merican Kurisprudence')
(*ee %3%#, %3"7' Coughlin actually Kust greB tired of the douAle standard (lcano
suAKected Coughlin to daily at >6* (*ternlicht can Aehave in as outrageously offensive and
caustic manner as she please)))Coughlin needs to folloB a dress code, Bhip up a ;etition to
challenge the Board of (3ualiGation4s ruling that non2profit >6* must pay its for profit
landlord4s property ta1es in the days preceding the very trial from Bhich #CDC Cudge 6)
@ardner4s 08(3 $rder stems, etc), and the minute Coughlin voices any annoyance Bith not
Aeing given the raise promised upon his Aeing employed at >6* for one years time (Bhere
Coughlin had Aeen employed "& months Ay that point', >6*, rather than address the reasons
Aehind >6* ;resident Eathleen Brec5enridge ordering and oAtaining a copy of the 0-%92
%%&& /;$ hearing Bherein Coughlin, representing a, gasp, male victim of domestic violence
(see %3%#, %3"7 for details on *ternlicht declaring to an assemAly of dv victims (that
included tBo men' at a clinic that Lmen cannot Ae victims of domestic violenceH for an idea
of Bhy >6* Bould prefere to Kump on the prete1tual LCudge 6) @ardner4s 4!"3!%9 $rder
<fter /rial entitles us to fire youH2train, instead of address >6* Brec5enridge4s oAtaining a
copy of the recording (as noted in the doc5et in such case' of the 3!"#!%9 /;$ hearing prior
to the entry of such 08(3 $rder Ay #CDC Cudge @ardner (the doc5et notates that
Brec5enridge, apparently in response to Complaints Ay the same C<<> run #CDC /;$
office, that Coughlin sued in %3"7, oAtained a copy of such /;$ hearing Bherein Coughlin
represented a male victim of domestic violence Bhom Bas Aeaten Bith an alarm cloc5 sBung
repeatedly from its cord, on 4!"%!%9, compared to the 4!"3!%9 entry date of Cudge 6)
@ardner4s 08(3 $rder <fter /rial')
<nd, actually, hey, 3!"#!%9, that4s the same day as the first day of trial in
the D-%&2%""& divorce trial Bherein Cohn *pringsna5e, er, Cohn *pringgate,
(s3), himself Lviolated procedural rulesH in failing to have his Lmore than ten
e1hiAits inde1ed, Aound, and taAAedH, and provide a copy of such to Coughlin,
prior to the trial (as re3uired Ay Cudge 6) @ardner4s #!#.!%9 ;re2/rial $rder',
in addition to failing to aAide Ay N+C; ""4s re3uirement that a Lfiling readyH
#" day safe harAor motion Ae served on Couglin prior to *pringgate moving
for N+* 7)%&. sanctions (Bhich *pringgate did, in his closing arguments,
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during the second day of the divorce trial in D-%&2%""&, Bhich occurred on
3!"7!%9, (ie, tBo Kudicial days apart Bere the tBo trial dates in that divorce
case, contrary to >6* (lcano sBorn testimony and his Lnot in the heat of
AattleH commentary in his termination letter to Coughlin of .!7!%9 (8(<+7N@
2 -ol) 7, (;age ""#:" to ""#:&' <nd one of the things that Bas relevant there is
that this hearing too5 place in tBo sections? 7 Bant to say they Bere a Bee5 or
ten days apart) <nd the conduct and the criticisms of the conduct Ay the Kudge
in the first hearing, 9r) Coughlin came Aac5 and Aehaved e1actly the same
Bay in the second hearing, he had not heeded anything the Kudge had told
him)))H',Bhere such three year old $rder Bas provided to him Ay +9C Cudge
Nash 8olmes upon her receiving it from +9C <dministrative Cudge >)
@ardner, Bhom admitted to Coughlin, finally, during +9C Cudge >) @ardner
refused to recuse himself from the criminal trespass trail stemming from 8ill4s
Aurglary of Coughlins4 former home laB office and 8ill4s concomitant false
statements to a police officer to effect a Brongful arrest (see "9%"', failed to
disclose #CDC Cudge 6) @arnder is his sister despite prompting on during a
#!#!"# hearing in that criminal trespass case, violated N+* "7&)4%. on during
the 4!"%!"# trial and hearing he held, Bherein, finally, after serious prompting,
he disclosed his that #CDC Cudge 6) @ardner is his sister, though he did
indicate that it Bas Lthe first time 7 have hear of thatH upon Aeing informed
that +9C Cudge Nash 8olmes had passed the very $rder Ay his sister that
+9C Cudge @ardner admitted to ta5ing from his sister and distriAuting to his
felloB +9C Cudges, on to the *BN', Eing Bas forced to admit (and Cler5 of
Court!7nvestigator ;eters shady and snea5y commentary during a "%!".!"#
conversation Bith Coughlin is aAsolutely hysterical in this regard, as is Eing4s
during the 3!#!"# in person meeting Bith Coughlin, the 7!"%!"# in person
meeting Bith Coughlin, the &!"3!"# in person meeting Bith Coughlin and Bar
Counsel David Clar5, and the conversation AetBeen Eing and Coughlin in
Cune #%"#, and "%!"#!"# and "%!".!"#)))if only there Bas a verAatim transcript
of such conversations)))Bould that not Ae interesting, rightM'
37) <gain on NovemAer 7, #% "#, Chairman (cheverria, in an $rder @ranting the *tate Bar4s
9otion to Fuash certain *uApoenas reminded Coughlin that unless a -erified <nsBer to the
Complaint Bas filed Ay .:%% p)m) on NovemAer 9,#% "# the panel Bould proceed on a default Aasis) *ee
;leadings Doc5et $rder Dated NovemAer 7, #%"#, ; #, 6 & 2"3)
3&) 0olloBing a lengthy attempt to determine Bhether or not Coughlin Aelieved he had filed a
timely verified ansBer or response to the *tate Bar4s Complaint, Coughlin attempted, at the hearing of
the matter, to transform a pleading previously filed in the +eno 9unicipal Court into a DNeB -erified
+esponse (sic' ;re28earing 9otion to Dismiss!*ummary Cudgment, 9emorandum of 6aB (*ee
8earing (1hiAit "4' and to transform an D(mergency (1 ;arte 9otion to Dismiss ))) D previously
dated NovemAer "#, #%"# and altered at the hearing to reflect a date of NovemAer "4, #%"# into a
DDeclaration and -erified +esponse)D *ee 8earing (1hiAits ". and ") *ee /ranscript of 8earing
>ednesday, NovemAer "4,#%"#, ; #44, 6 " 2; #7%, 6 77)
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39) During the course of the hearing of this matter Coughlin continued to demonstrate a
pattern of (%')(" similar to, if not identical to, (%')(" in other forums for Bhich he had repeatedly
Aeen sanctioned) *ee /ranscript of 8earing >ednesday, NovemAer "4,#%"#) ;leadings in this matter
filed Ay Coughlin Bere e1ceedingly lengthy, demonstrated a lac5 of focus and understanding of the
issues involved, Bere ramAling and incoherent and contained discussion of irrelevant issues) *ee, e)g
8earing (1hiAits "4, "., ") !ee also, ;leadings Doc5et 9otion for $rder to *hoB Cause ))) D dated
$ctoAer #,#%"#? D9otion to +evieB and 7nspect Bar +ecords ))) D 0iled $ctoAer ", #%"#? ;leading
entitled D>ell >ould =ou 6oo5 at /hat ))) D dated NovemAer 7,#%"#? D(mergency (1 ;arte 9otion
/o Dismiss or Fuash ))) D 0iled NovemAer "3,#%"#)
4%) Coughlin4s (%')(" at the hearing included (%')(" not reflected in the transcript of
the proceedings Ay Bay of facial gestures, Aody language, voice intonation and volume) *ee
/ranscript of 8earing >ednesday, NovemAer "4, #%"#, ; "&", 6 "92; "&#, 6 ")
CONCLUSIONS OF LAW
Based on the foregoing 0indings of 0act, the ;anel hereAy issues the folloBing Conclusions
of 6aB:
(<' /he ;anel Bas designated Ay the northern Nevada Disciplinary Board Chair to adKudicate
the Complaint filed Ay the *tate Bar of Nevada against Zachary B) Coughlin, Case Nos) N@"#2%#%4,
N@"#2%43. and N@"#2%434 and to determine the e1tent of the discipline to Ae imposed pursuant to
the Nevada *upreme Court $rder of /emporary *uspension and +eferral to Disciplinary Board
entered in Case No) %&3&, 7n the 9atter of Discipline of Zachary B) Coughlin, (s3), Bar No) 9473,
entered Cune 7, #%"#)
(B' /he ;anel has jurisdiction over the Respondent and the subject matter of these
proceedings) *ee Nev) *up) Ct) +) 99)
(C' -enue in this matter is properly Bith the Northern Nevada Disciplinary Board and
in
the County of >ashoe, *tate of Nevada) Nev) *up) Ct) +) "%.)
(D' Coughlin received notice and a copy of the Complaint, '%"i(e of his right to respond, as
Bell as '%"i(e of the evidence and Bitnesses upon Bhich the *tate Bar intended to rely at a formal
hearing) notice of the formal hearing *as served on Coughlin) Coughlin appeared in the matter, file
numerous motions, appeared at the hearing of the matter, cross2e1amined Bitnesses and testified on
Aehalf of the *tate Bar and on his oBn Aehalf) Accordingly, the %tate .ar complied "ith the
procedural re#uirements of %CR 1!G)
(N$/(: is ia particularly telling the e1tent to Bhich the ;anel completely glosses over all the
due process deprivations and violations of *C+ "%.(#', and *C+ "%.(#'(c' here, in addition to its
failure to LconcludeH as a Lmatter of laBH that Coughlin Bas LservedH the Complaint (thus hoping to
avoid all the messy fraud issues related to Eing and *BN Cler5 of Court ;eters misconduct') 0urther,
the ;anel Bent out of its Bay to attempt to prevent Coughlin, at the outset of the hearing, from putting
on the record that he Bas appearing to contest Kurisdiction, including for lac5 of service of process, in
addition to the multitude of *C+ "%.(#'(c' deficiences, not to mention to impermissiAle consolidating
of the Lformal hearingH re3uired Ay *C+ """(&' and the Lformal disciplinary proceedingsH re3uired
for an *C+ "%. complaint)
C%'"i')a'(esF <ttorney Bas not entitled to continuance of second hearing date in attorney
disciplinary proceedings to oAtain counsel, on Aasis that second hearing Bas reset for Canuary 4, not
later in the month, and attorney not aAle to find neB counsel Aecause no one Banted to Bor5 on his
case over the holidays, Bhere attorney stated on the record that he needed no more than one Bee54s
notice of the continued hearing, and Bas aBare from NovemAer "7 that he needed to find counsel
immediately, attorney Bas notified no later than DecemAer of neB hearing date, and even from
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DecemAer , attorney had four Bee5s to oAtain neB counsel and to prepare for the continued
hearing) 7n re Discipline of *chaefer, #%%", #. ;)3d "9", ""7 Nev) 49, modified on denial of
rehearing 3" ;)3d 3., certiorari denied "## *)Ct) "%7#, .34 :)*) ""3", "." 6)(d)#d 974)
/he facts of this case oAviously re3uired a continuance, Bhich Coughlin sought on numerous
occasions, Aut Bhich Bas denied, as Bas the case Bith Coughlin4s filings see5ing to Ae granted
additional time to file a Lverified ansBer or responseH should the ;anel determine that Coughlin had
yet to do so (Bhere Coughlin maintians that he had filed, more than once, Kust such a Lverified ansBer
or responseH or the functional e3uivalent thereof: *ee +$< at:
#%"2#%4 Notice of Non2*ervice of 7ntent to /a5e Default of <ppro1) $ct)9, #%"# ""!&!"#
#%.2#" *upplem)+spdt)Desig)>itn)!*umm) (vid), Notice $AK), +eply)$pp)Bifur, ""!&!"#
#"72#97 >ell >ould =ou 9tn *et <side, <lter, <mend $rder, $pp) 9tn Fuash ""!&!"#
(N$/(: Coughlin suAmitted for filing, Kust prior to . p)m), on ""!9!"# a L-erified <nsBer or +esponseH that Bas &&
pages long and contained an e1hiAit that the *BN has chosen to leave out of the +$< completely or in any Bay alert the
N*C/ of, one that even further than had already Aeen done, denied all the allegations in the Complaint')
#9&23.%(merg) (1 ;arte 9tn to Dismiss, 0or 9ore Definite *tmt, @ood Cause ""!"3!"#
3.327"4 9otion for NeB /rial, Notice of 8ill and Ba5er4s 9alfeasance ""!3%!"#
7".27"& <mended *upple) to +espondent4s (mergency 9otion to *et <side ""!3%!"#
7"9273Notice of +9C4s 0ailure 0ile Coughlin4s /imely Notice of <ppeal (N0, ""!"!"#'
737279%;ost28earing Brief, 9tn Dis3ualify!9istrial, /ranscript +e3, +econs $rder Fuashing, Bifurc, , +ule "%3(7'
Challenge for Cause (N0, suAmitted ""!"!"#'
79"279 Declaration of Zachary Bar5er Coughlin (N0, suAm) "#!7!"#'
7972"347 9otion for 9istrial (>hopper Choc5ed "%!9!"# <ffd) ;eters' (N0, suAm) "#!3!"#'
0urther, the +$< is, for no acceptaAle reason, missing the documents Coughlin properly suAmitted for filing on
"%!3"!"#, ""!9!"#, "#!"7!"#, "!3!"3, and "!"7!"3,
<lso, the fraud of the *BN and ;anel is on full dispaly Bhere the +$< of #!"3!"3 is missing pages 7 and & of the
transcript Bhere such details such importance matters as Eing4s admitting the forcing the cler5 to unfile Coughlin4s the
9otion to Dismiss Coughlin filed Limmediately afterH the *BN Lmailed the complaint via certified and regular mailH and
Coughlin4s entering a special appearance, and therefore not Baiving his rights to a dismissal for insufficient service of
process the missing portions (for conte1t, the portion of the transcript immediately preceding the pages the *BN
purposefully and fraudulently removed from the +$< relates to service of the Complaint (8(<+7N@ 2 -ol) 7, (;age :#"
to :#.' 9+) E7N@: As the record reflects, ,r) Coughlin "as served a copy of the complaint "% "#e a$ess that he is
mandated to provide to the %tate .ar) 9+) C$:@867N: 7 don't believe that's correct) ,R) 9C79K9RR+AH Please
don't interrupt,)))@> <3*(9H -ing's statement, Las the record reflectsH certainly is interesting Bhen considering the
/6@.@/B Affia&i" %f La)$a Pe"e$s that is included in the +$<, Aut Bhich "as not served on Coughlin until four Kudicial
days prior to the hearing, in a Ao1 of 3,#%% other pages of documentation, especially Bhere Eing4s statement Lserved a
copy of the complaint to the address that he is mandated to provideH certainly refers to *C+ "%9 service via :*;*
Certified 9ail, rather than the attempt at forcing the *BN Cler5 of Court ;eters to Lpersonally serveH Coughlin the
Complaint on 9!#.!"# at the *BN4s Northern $fficer upon Coughlin Aeing duped into shoBing up for a hearing that Cler5
of Court ;eters admits she noticed Coughlin on and Bhich she admits Bas on calendar (such events of 9!#.!"# Aeing
detailed Aoth in Coughlin4s "%!"!"# 9otion for $rder /o *hoB Cause and the "%!9!"# <ffidavit of 6aura ;eters'':
8(<+7N@ 2 -ol) 7, (Pages CH1 to BHG' L(;<N(6 C8<7+ (C8(-(++7<' )))9r) Coughlin) @o ahead)
9+) E7N@: *uAse3uently, ,r) Coughlin filed, immediately after "e mailed the complaint via certified and
regular mail, ,r) Coughlin filed a motion to dismiss the complaint) 9+) (C8(-(++7<: 7 thin5 his argument
here is that he Basn4t notified that Cudge Beesley Bould Ae a potential Bitness) 9+) E7N@: >e sent a
supplemental notice to 9r) Coughlin that Be intended to call Cudge Beesley) 9+) C$:@867N: +'m sorry) +f +
can just interject #uic$ly) 9+) (C8(-(++7<: 9r) Coughlin) 9+) C$:@867N: 22 before the proceeding 22
9+) (C8(-(++7<: 9r) Coughlin) 9+) C$:@867N: =es, sir) 9+) (C8(-(++7<: ;lease don4t interrupt)
9+) C$:@867N: ,ay + record the proceedingsM 9+) E7N@: 74m handing, Bith the chairman4s permission, a
copy of the supplemental notice) 7n addition, as 7 indicated, the purpose of calling ,r) .eesley is to assist the
panel to understand ,r) Coughlin's conduct in his court, and also as a potential reAuttal Bitness)
:nfortunately, Cudge Beesley is in 6as -egas and is only available AetBeen 9:%% and 9:3%) *o Bhat 7 Bould as5
the panel to do is to alloB, as an offer of proof, alloB Cudge Beesley to testify) <nd then if the panel
suAse3uently determines for some reason that it4s not appropriate, reAuttal testimony 22 MR. COUGHLINF I;8
s%$$:. + need to enter, this is a specia l (N$/(: Coughlin said L)))special appearance to contest Kurisdiction,
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personal, suAKect matter, and authorityH ' 22 9+) (C8(-(++7<: 9r) Coughlin) 9+) C$:@867N: 22 + need
to submit that for the record) 9+) (C8(-(++7<: ;lease don4t interrupt) 9+) C$:@867N: + need to submit
that for the record) 9+) (C8(-(++7<: Aou'll get your opportunity) (N$/(: under some authority, a litigants
failure to immediately, at the outset, indicate the limited nature of their appearance *aives any such rights' 9+)
E7N@: Cudge Beesley, my name is ;atric5 Eing) 7 represent the *tate Bar of Nevada in a disciplinary hearing
involving Zach Coughlin) Did you understand that that Bas the matter in Bhich you Bere going to testify to this
morningM C:D@( B((*6(=: =es) 9+) (C8(-(++7<: Cust a second, 9r) Eing) 6et me state on the record
that Aecause of the time constraints, 74m going to rule that Be can ta5e the)))H
(NOTEF s%, t"o very, very important issues !e$e a$esse in those t"o pages of the transcript
"hich the %.3 purposefully e'cised f$%8 "#e B@/1@/1 ROA) <t some point, Bhen a Aro5en cloc5 has never,
ever Aeen right, one is entitled to accuse the cloc5 of something funny) *uch pages 7 and & of the 33# page
transcript should Ae included in the +$< AetBeen pages "37& and "379 therein (Eing and Cler5 ;eters also
too5 out a % page >ord 7nde1 at the Aac5 of such transcript that is of enormous utility to one Bhom cares aAout
the truth, rather than accomplishing the goals on their agenda, no matter Bhat the truth is, li5e Eing and Clar5
see5 to do') <lso missing from the transcript of the formal hearing of ""!"4!"#, are pages 3" and 3# therefrom
(Bhich should have appeared in the +$< AetBeen pages "4%% and "4%", Bhere such pages also include 5ey
material conveniently removed Ay the *BN, Bhere such read:
L8(<+7N@ 2 -ol) 7, (;age #.9:# to #.9:9' 9+) E7N@: 7 Bould oAKect on tBo grounds) 9+) (C8(-(++7<:
6et4s identify Bhat it is he4s offering) 7 still don4t 5noB) 9+) C$:@867N: 7 Bould li5e to offer this one that has
a file stamp of $ctoAer 3"st, #%"#, prehearing motion to dismiss summary Kudgment, memorandum of laB) 74ll
interlineate verified response) 9+) E7N@: Don4t change it noB, 9r) Coughlin))))D Eing4s Ddon4t change it noBD
is 3uite rich Bhen considering all the Dtrue and correctD copies of documents he suAmitted in his (1hiAit "
Dpac5et and in other e1hiAits (08(4s #,3,4, ., , 7 (not sure aAout &', 9, "%, "", "#, "3 (though, the +$< should
Ae stric5en or the *BN made to correct it Bhere the neB Aates stamping is so conveniently place in such #!"3!"3
+$< in a position and manner that oAscures completely (ie, its not Kust Britten over atop thereof, Aut a strip the
entire Bidth of each page is superimposed over and te1t previously there leaving only a " point font four digit
Aolded Aates stamping Bhere previously, in many instances, Bas the Aates stamping on the items Eing included
in his 08(" ;ac5et, and on, upon information and Aelief, the e1hiAit listed aAove (certainly, if Eing had a Aates
stamped reference somehoB proving he provided Coughlin the #!"4!"# letter from -udge )ash .olmes to the
!() in the 3,#%% page production delivered to Coughlin only four Kudicial days prior to the ""!"4!"# hearing, it
Bould do little to estaAlish some +;C &)" violation Ay Coughlin, Aut it Bould Ae more than Eing managed to get
into evidence, it seems, sufficient to provide evidence to support the contention the *BN made in its Complaint,
Bhich is not only vague, Aut untrue Bhere such reads, at +$< ": LB. Res7%'e'" !as a&ise %f "#e
9$ie&a'(es &ia U.S. 8ail, e&mail a' <: a <$ief 8ee"i'9 !i"# M$. Li'9 a" "#e S"a"e Ba$
Offi(e i' Re'%. Res7%'e'" did not cooperate "ith the investigation a' $a"#e$ "#a'
respond to the grievances as re/uested, Res7%'e'" se'" '%'E$es7%'si&e a' is7a$a9i'9
eE8ails)H $ne, Coughlin denied each and every allegation in the Complaint, in some instances, on numerous
occasions, in documents suAmitted for filing Bith the *BN) /hat Aeing the case, the *BN and ;anel are not
entitled to rely upon Eing4s Complaint as LevidenceH sufficient to meet the Lclear and convincing evidenceH
Aurden of proof) *o, Bithout Eing even see5ing to admit any letter he purports to have sent to Coughlin
re3uesting Coughlin to respond to Cudge Nash 8olmes4 grievance, or some LgrievanceH Ay #CDC Cudge 6)
@ardner, er, Ay Eing, er, Ay)))um))) Loh, never mind aAout that one, noB that you caught me lying aAout Bhether
or not it Bas a grievance LreceivedH from Cudge 6) @ardner herself, and noB that the shadiness of Cudge Nash
8olmes forBarding Cudge 6) @ardner4s three year old sanctions order in 08(3 to the *BN after Cudge 6)
@ardner provided such to her brother, +9C Cudge >) @ardner (Bhere Aoth Cudge Nash 8olmes and >) @ardner
admit >) @ardner provided such e1tra2Kudicial information to all the other +9C Cudges (including those li5e E)
8oBard, Bhom still is presiding over +9C "" C+ ##"7 (Bhich Aegat %&3&' and needs to adKudicate the very
#!#"!"# 9otion for NeB /rial Ay Coughlin that even further than Coguhlin4s multiple other filings Bith the +9C
(including a filing in the very "" /+ #&%% traffic citation case on "!9!"# in Bhich Cudge Nash 8olmes professed
to have such difficulty LlocatingH Coughlin and only managed to mail one copy of such duAious #!#&!"# $rder
to an address from Bhich she 5neB Coughlin had Aeen Brongfully evicted on ""!"!"", involving the very
+ichard @) 8ill, (s3), Bhom she references in such #!#&!"# $rder and to Bhom she referred on the record during
the #!#7!"# trial Bhen she threatened Coughlin: Lif you say +ichard @) 8ill4s name one more time you are going
to Kail[H, Bhich is rather intersting Bhen considering the #!#&!"# $rder purports Coughlin to have
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;age "73 of the #!"3!"3 +$< is enormously proAlematic considering there is no indication such Bas attached
to the "%!9!"# Notice of 7ntent to /a5e Default, and it is e1tremely preKudicial to alloB for the inclusion of (not to mention
the presentation of it to the ;anel' of such a fugitive document, is not an affidavit, its not even signed, and its not sBorn,
and it goes to one of the very Aiggest issue of the case, one that affects the legitimacy of the entire case, the "#!"4!"#
0$0C$6, and the holding of a formal disciplinary hearing on ""!"4!"#, ie, Bhether the Complaint Bas ever properly
served')
$f course, Coughlin4s 9otion for $rder to *hoB Cause (Bhich the *BN had to include in the +$< Aecause
(cheverria4as "%!3"!"# $rder referred to it and denied it (otherBise, such Bould not have even Aeen included in the +$<)
<s it stands, Eing ordered Cler5 of Court ;eters to simply not file stamp it', Bhich (cheverria gave a "%!"!"# date of
filing, descriAes nearly verAatim the insufficiency of service of process proAlems that motivated Eing and ;eters to e1cise
pages 7 and & from the version of the transcript of the ""!"4!"# formal disciplinary hearing included in the #!"3!"3 +$<,
Bhere such 9otion reads (see +$< 492.%':
L7) Coughlin appeared at the northern officer the *tate Bar for the calendared, agreed upon,
noticed, and set %eptember G, !1 7earing notice to him and the NNDB4s Chairman *usich
and re3uired Ay this Court4s Cune 7th, #%"# $rder and *C+ """(&') >hile Coughlin sat Baiting
in the loAAy out Bal5ed Cler5 of Court ;eters and Bar Counsel ;atric5 Eing, Eing holding a
stac$ of papers then handing them to Cler$ Peters, and Eing Bhom greeted Coughlin and
entere a conversation that Bhen appro1imately li5e this :
LLi'9F Zach) Cler5 ;eters: 7 am supposed to hand you this Complaint) Li'9F =our4re
served (motioning to Cler5 ;eters to hand Coughlin the stac5 of papers') =ou are officially
served) *he4s the Court Cler5) =ou4re served) Coughlin: <B)) 7 thin5 one has to Ae served
Ay a non2party under *C+ "%9) Li'9F No, you4re served ,she4s the Cler5 of Court, so ta5e
it) *he4s serving you, your are officially served and so 7 Bill issue a default Kudgment
against you if you don4t accept it) ;eters: 7 mailed it out) Coughlin: 7s my hearing going to
Ae held right noBM Li'9F 0irst, ta5e this) Coughlin: >hat aAout my 8earing that4s Bhat 74m
here for right noB) Li'9F 0irst, ta5e this) Coughlin 7 thin5 you actually can4t serve people
Bhen they are shoBing up for a 8earing) Eing yes 7 can aAsolutely can, Coughlin: 7 have
cases that say you can4t) Li'9F 7 aAsolutely can things don4t go your Bay Aecause you don4t
accept responsiAility (Eing graAs the stac5 of papers from ;eters and attempt to insert them
into Coughlin4s suit Kac5et after pulling the middle Autton on Coughlin4s AlaGer aBay from
Coughlin4s torso, Bhereupon Eing gives up on that approach') 74ll drop it at your feet here
your served (Eing Aends doBn and places the stac5 of papers on top of Coughlin dress
shoes') Coughlin: you are a party though it has to Ae a non2party that4s the laB Li'9F Zach)
Don4t play games[ Coughlin: 7t4s not a game, ;at, it4s the laB) ;eters: Zach, pleaseM
Coughlin: >here is my hearingM Li'9F 8i ;aula Bhere you Bitness that 74m serving or that
rather 6aura is serving Zach Coughlin Bith the Complaint) ;aula: *ureM (6oo5ing
AeBildered Aeyond all measure') Eing 8ere is this, ta5e it, ta5e it, Zach) Coughlin: >e go
to have my hearing todayM Li'9F 0irst order of Ausiness is for you to accept the Complaint
Coughlin: 0or you may Ae ;at, Aut you4re not the one Bho hasn4t had a laB license last four
months over a candy Aar so\ Eing are going to ta5e the complaint it4s a formal complaint
74m Aeen a default you him him) =ou can pretend you didn4t get it else is ta5e a default
Coughlin: ;at 7 filed a motion to dismiss) *eems li5e you are trying to put Cler5 of Court
;eters in 5ind of a Aad spot) Li'9F No, you haven4t filed it it4s Aeen reKected, Coughlin: By
Bho, the prosecutorM /he prosecutor reKected it, ;atM Li'9F 6isten the Cler5 of Court
;eters reKected it Aecause it doesn4t say Bhat it4s dismissing) =ou are not even
ac5noBledging that you have Aeen served so ta5e the Complaint and then you can ansBer
it) =ou4re Aeen served right noB Coughlin: Bell 7 guess you4re free to argue that, that you a
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party that is serving me) Li'9F No, the Court cler5 is serving you) =our at the *tate Bar
office Aeing served Bith a Complaint Coughlin: 7 74ve got cases this the you can serve a
criminal defendant Bhen they shoB up to a civil proceeding Li'9F /his is *tate Bar)
Coughlin: $h, 7 get it) >e4re playin4 prison rules, huhM 6i5e in that movie /he CaAle @uy
Bhen Cim Carrey is playing pic5up Aall and says D$h, Be4re playing prison rules,huhMD /o
the guys Bho Kust fouled him so hardM 7 guess, Be are Dplayin4 4prison rules4D doBn here at
the *tate Bar, huhM <re Be going to have my hearing todayM Because the 8earing is
limited in scope and purpose, rightM Li'9F Zach, listen to the Court Cler5) Coughlin: $5ay)
;eters: Bhen you and 7 tal5ed aAout the date for *eptemAer #.th that Bas a tentative thing)
7 have not formally noticed that) 7 never did) Li'9F Because you did not ansBer the
Complaint)))Because you did not ansBer the Complaint Ay me e1plain 9r) Coughlin the
suspension that you received from the *upreme Court Bhich is their $rder so if ya have a
proAlem Bith the *upreme Court))) Coughlin: 7 did Bith the *C+ "%#(4'(d' ;etitionM >hy
didn4t you ansBer that, ;atM NoB, 7 Bin on that on default, tooM Li'9F /hat4s the *upreme
Court))) /hey suspended you pending)));ending a disciplinary Complaint Bhich is Bhat
that is (motioning to a stac5 of papers Eing had earlier laid at Coughlin4s feet')J
ID8(<+7N@ 2 -ol) 7, (;ages #47:"% to #.#:"&' /hen 7 thin5 that 9%es a la$9e e0"e'" "%
#%! "#e 7$%(e)$al $)les a77l: #e$e) Because if you file a motion to dismiss, and it
Binds up Kamming you up for time) <nd 9r) Eing is aAle to manipulate this process such
that he4s the one Bho pic5s the hearing date) 8e is the one Bho sets up the notice of hearing
Bay Aefore the panel is even empaneled) /hen 7 get Kammed up or the chairman Bho is
ruling on things Aefore 7 even have an opportunity to file a reply to his opposition) <nd
then one, 74ll testify under penalty of perKury 0 didn't get the notice of intent to ta&e default.
74ll testify that 7 Bent to the :nited *tates ;ost $ffice and attempted to pic5 up on at least 22
on multiple occasions) $n one occasion a /im at the -assar station in doBntoBn +eno
apparently couldn4t find the envelope) /he ne1t time 7 Bent Aac5, he did find the envelope
that had a postmar5 date of "%292"#, $ctoAer 9th, #%"#, and it had postage of aAout ")#.) 7t
Bas a certified mailing upon information and Aelief it Bas the notice of intent to ta&e
default) 74ll note that in the file that *as given to me by Mr. 1ing this certificate of mailing
on that document indicates it *as sent by only one method, certified mail) >here 7 Aelieve
every other document4s Aeen sent, if you loo5 at the certificates of mailing attached at the
end of the documents has Aeen sent in tBo 22 Ay tBo methods, first class mail and certified
mail) *o it4s a little strange that notice of intent to ta5e default 22 mayAe this is some 5ind of
old school Bar counsel tric5) 7 don4t 5noB) But it Bas only sent Ay one method, certified
mail) *o 7 go to pic5 it up once, the guy doesn4t find it) 7 go the ne1t Bee5, and this is the
guy /im 22 9+) (C8(-(++7<: 8oB did you 5noB to pic5 it upM 9+) C$:@867N:
Because 7 got the little slip) 9+) (C8(-(++7<: $5ay) 9+) C$:@867N: <nd then the
ne1t time he did find it) <nd right Aefore he gave it to me he noticed that it only has 22 it4s a
large manila envelope, he noticed it only has I")#. ;ostage on it) /hat means it4s
insufficient postage, and he *on't give it to me unless 0 pay the difference, *hich is li&e
some five dollars that 0 don't have) *o it gets sent Aac5) 7 chec5 the :*;* and confirm for
that numAer, and M$. Li'9 a' "#e S"a"e Ba$ $e(ei&e i" %' N%&e8<e$ ."#. ,r) -ing's
been very, very evasive about this, and + believe very dishonest) + sa" (im notate the
insufficiency of postage) Aesterday ,r) -ing told me he didn't see anything about
insufficiency of postage %' "#e e'&el%7e. A' "#e !#%le 7%i'" is I 'e&e$ 9%" '%"i(e %f
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i'"e'" "% "aCe efa)l") 9+) (C8(-(++7<: =ou replied to it) 9+) C$:@867N: >hat4s
thatM 9+) (C8(-(++7<: =ou replied to it) 9+) C$:@867N: 7 replied to your orders)
9+) (C8(-(++7<: No, you replied Aefore 7 entered the order) =ou replied and provided
your oBn Bitness list that parroted the Bitness list 22 9+) C$:@867N: 7 thin5 it4s
proAaAly 22 sorry) 9+) (C8(-(++7<: 22 that parroted the Bitness list that the *tate Bar
proffered, you filed your oBn) 9+) C$:@867N: 7 thin5 7 Bas replying to the Bitness list,
the DoB*o() 9+) (C8(-(++7<: <nd that came Bith the notice of intent to ta5e default)
9+) C$:@867N: No) /he DoB*o( 22 along Bith the DoB*o( they sent a notice of
hearing) =eah, notice of hearing) <nd this is pursuant to *C+ "%.#(c') 7t says the panel
after being empaneled shall provide at least 3! days from "hen it, the panel, not .ar
counsel, serves the Do"%o9 and the notice of hearing by the same method in "hich the
complaint is served) 5hich under %CR 1!1 can Ae Ay certified mail) <lthough + don't
believe it can be "hen, and 74ll testify under penalty of perKury on the phone, if not also in
Briting, Cler$ Peters told me + could rely on the fact, + could ban$ on it that the %tate
.ar of 3evada "ould not assert that B&3&1 certified mailing "ould be proffered as
affecting service of the complaint on me in any "ay at any time) <t that time on the
phone, 74m sBearing this under penalty of perKury, she said "e are going to send it out to
you again, the certified mailing) 7 actually undertoo5 a lot of research in this regard,
Aecause there is case laB that says Bhen the Bar 22 not in this Kurisdiction) But Bhen the
Bar sends you a certified mailing, 7 thin5 they can say Bithin three days you are served,
Bhether you ever pic5ed it up or not, you 5noB) *o 7 Bas Borried aAout that, you 5noB)
.ut + called and tal$ed to Cler$ Peters) And + believe "hen a court, particularly a cler$
of court, ma$es an e'press e'plicit representation to you that you can rely on something,
that you're entitled to, you 5noB) <nd 7 thin5 it4s 22 it doesn4t set a good precedent for the
*tate Bar to essentially Ae pulling the rug out from under people li5e me) <t that time on, 7
Aelieve it Bas *eptemAer ""th, she said, oh, 7 got Aac5 that certified mailing of the
complaint) /hat Bas, 7 guess, sent &2#3, the date that it4s stamped, the complaint) *he got it
Aac5) *he said it Bas returned as undelivered or something) <nd 7 said you thin5 ;at is
going to try to ta5e a defaultM /his or thatM <nd she said definitively, no, "e'll not do
that) Aou are not served 22 she said, 7 Aelieve, and 7 Bould li5e to chec5 my notes, Aut she
said you're not served until "e get that signature on the thing) And if "e don't get the
signature on the thing after the second time "e're going to mail it to you, then "e'll send
out for service a notice of intent to ta$e default) <nd only upon that not Aeing pic5ed up
Bould, 7 guess, a default Ae ta5en) *o 7 felt completely entitled to rely upon that) 8oBever,
9r) Eing, and this is found in /aura Peters' affidavit + found in the file that 7 have only
si1 days to revieB) 9r) Eing has coyly prevented me from accessing this file since 9arch)
=es, he gave me some audio, and 7 appreciate that) 7 don4t appreciate the e1tent to Bhich
he4s preventing me from getting it into the record here today) Particularly "here it's
something really disgusting going on) W#e$e "#e ?)9e is sa:i'9 s%8e"#i'9 "#a";s ?)s"
'%" "$)e. I";s ?)s" '%" "$)e) ;enalty of perKury, it is completely false for her to say that she
as5ed me if 7 Bas recording or had a recording device at any time prior to the one
Aathroom Area5) /hat4s Kust not true) /here Bas a Aathroom Area5) <nd immediately after 7
got Aac5 from that Aathroom Area5 she starts interrogating me sua sponte aAout recording) 7
should say 2& + "ould li$e to play it for you to $no" e'actly "hat "as said, e0a("l: !#a"
8: $es7%'se !as 22)))D
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((' Coughlin "a s afforded ample opportunity to prepare a verified ans"er or response to
the allegations of the Complaint and failed to timely do so) *ee 0indings of 0act 34, 3. and 3)
<ccordingly, the matter could proceed on a default basis and the allegations of the Complaint
deemed admitted) *C+ "%.(#' N%"!i"#s"a'i'9 "#e fa(" "#a" "#e 8a""e$ (%)l #a&e <ee' e(ie
%' a efa)l" <asis, the ;anel permitted the *tate Bar and Coughlin to present evidence)
(N$/(: 8(<+7N@ 2 -ol) 7, (;age #.3:"% to #.3:""' 9+) (C8(-(++7<: %o "e have not
conducted this hearing as a default hearing, in deference to you)H 7t is completely dishonest and
opportunist to conduct an entire hearing, e1cise the tBo pages Bherein Coughlin notes his is a
Lspecial appearanceH to contest Kurisdiction Aased upon, amongst other things, insufficient service of
process of the Complaint, and then to enter a Lconclusion of laBH that Coughlin4s violations of
various +;C4s Bere admitted or proven as a matter of default')
8(<+7N@ 2 -ol) 7, (;ages #.4:& to #..:.' L9+) C$:@867N: 7 filed this) 7 prepared this to
Ae Aasically a motion for a neB trial in the trespass case) .ut +'ve been operating on little sleep
preparing for a petty larceny trial, preparing for this) And + started to get scared that + "asn't
getting something in the record on this) And so + just said, you $no" "hat, you're crossing that
out, and you're filing this in the %tate .ar so you get something) *o + thin$ this could be
characteri:ed as a verified response) And + do appreciate the e'tent && + believe you made a la" of
the case no" that you're not tal$ing a default on me here) <nd 7 Aelieve 22 74d li5e to loo5 at my
records more, Aut 7 Aelieve 7 Bas told 0 could fa2 file at least, if not also e2mail file by Cler$ Peters)
9+) (C8(-(++7<: >hat you filed Bith the *tate Bar is one thing) =ou as5ed me earlier if 7 had
consented to Aeing served Ay e2mail, and 7 have not) =ou as5ed, and 7 have 22 nor have 7 consented to
Aeing served Ay fa1) + believe all documents that you need to file should be filed "ith the %tate .ar,
and then they can provide them to us)H ;eters and Eing are in no Bay trustBorthy enough to alloB
for such an arrangement Bhere they control the floB of information so completely, from no alloBing
respondents to even 5noB the names of those on the ;anel under si1 days Aefore the formal hearing,
to indicating to respondents that they are to suAmit documents for filing Bith the Cler5 of Court for
the *BN and that complete copies of such (including all e1hiAits attached thereto' Bill Ae provided to
Bar Counsel and all memAers of the ;anel', to deciding Bhat gets in the +$< and Bhat does not (Aig
proAlems Bith page 3#, and #" of the +$<, numerous 5ey filings of Coughlin4s are missing from
the +$<, even Bhere (1hiAit ". itself demonstrates a "%!3"!"# filing stamp for the document
Coughlin refers to in the portion of the transcript aAove)))really, hoB could the *BN possiAly thin5 it
appropriate or that it Bould go unnoticed that such document Bas not included in the +$<M <nd the
version of such document suAmitted to the *BN on "%!3"!"# Bas entirely of the one page per page
variety, in constrast to the LneB')
(0' *uAmitted to the panel for decision are the folloBing issues:
("' >hether Coughlin violated +;C ")" (Competence')
(#' >hether Coughlin violated +;C ")# (Diligence') (N$/(: actually, +;C
")# is L*cope of +epresentation and <llocation of <uthority BetBeen Client
and 6aByerH, and +;C ")3 is LDiligenceH)
(3' >hether Coughlin violated +;C 3)" (9eritorious Claims and Contentions'
(4' >hether Coughlin violated +;C 3)3 (Candor to the /riAunal')
(.' >hether Coughlin violated +;C 3)4 (0airness to $pposing ;arty and
Counsel'
(' >hether Coughlin violated +;C 3). (7mpartiality and Decorum of the
/riAunal'
(7' >hether Coughlin violated +;C 3).< (+elations Bith $pposing Counsel'
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(&' >hether Coughlin violated +;C 4)" (/ruthfulness in *tatements to $thers'
(9' >hether Coughlin violated +;C 4)4 (+espect for the +ights of /hird
;ersons'
("%' >hether Coughlin violated +;C &)" (Disciplinary 9atters'
(""' >hether Coughlin violated +;C &)# (Cudicial and 6egal $fficials'
("#' >hether Coughlin violated +;C &)4 (9is(%')("'
("3' /he e1tent of the discipline to Ae imposed pursuant to *C+ """ as a result
of
Coughlin4s conviction of the DseriousD crime of ;etit 6arceny)
(@' /he *tate Bar must prove Ay clear and convincing evidence that Coughlin violated +;C
")",4
")#,3)", 3)3, 3)4,3).,4)",4)4, .< (sic',&)",&)#,and &)4) *ee Nev *up) Ct) +) "%.(#'(e'? 7n re *tuhff, "%&
Nev) at 33234, &37 ;)#d at &.? @entile v *tate Bar, "% Nev) %, #, 7&7 ;)#d 3&,3&7 ("99%')
C%87e"e'(e
(8' +;C ")" states D< laByer shall provide competent representation to a client) Competent
representation re3uires the legal 5noBledge, s5ill, thoroughness and preparation reasonaAly necessary
for the representation)D
(7' /he record clearly and convincingly estaAlishes that Coughlin lac5s the (%87e"e'(: to
represent clients, including himself)
(C' 0irst, the record demonstrates severe criticism Ay the trial court in the handling of the Coshi
matter, including Coughlin4s lac5 of understanding of a Aalance sheet, his failureT to (%')("
discovery, his lac5 of 5noBledge of the rules of evidence and trial procedure) *upra4 #.
(E' *econd, Cudge Beesley testified that the pleadings filed Ay Coughlin on Aehalf of his
client in a Aan5ruptcy case Bere Dlengthy, didn4t ma5e any sense, and Kust sort of ramAled through a
great deal of irrelevant stuff)D Cudge Beesley also testified that Coughlin4s pleadings and arguments
on Aehalf of his client Ddidn4t ma5e any sense)D *upra 4 " Cudge Beesley Aecame concerned enough
aAout Coughlin4s competency as a laByer that he contacted the *tate Bar) *upra4 "7
(6' /hird, Cudge Nash 8olmes 3uestioned Coughlin4s competency as a laByer and in her
$rder finding Coughlin in (%'"e87" of Court noted that Coughlin disregarded the rules of evidence,
continually imposed improper 3uestions, failed to properly e1amine Bitnesses, repeatedly as5ed the
3uestion, misstated ansBers, inKected irrelevant material, argued Bith Bitnesses and mischaracteriGed
testimony) *upra 7 (N$/(: >here the punishment for contempt is limited to a fine or imprisonment,
an attorney may not Ae disAarred as a punishment for contempt of court) (1 parte +oAinson, & :)*)
."3)'
(9' 0ourth, Cudge Nash 8olmes found that Coughlin4s pleadings failed to address topics listed
4in the caption, contained ramAling references to Coughlin4s personal life and other irrelevant
material, Bere overly lengthy, disKointed and incoherent) *upra4 9 S "%
(N' 0ifth, the *tate Bar called tBo Kudges and tBo practicing attorneys ((lcano is not listed as
an Dactive attorneyD at BBB)nvAar)org, nor has he Aeen for over . years', each Bith significant
e1perience Bith Coughlin and each of Bhom rendered an e1pert opinion regarding Coughlin4s
competency as a laByer) Cudge Beesley testified that in his opinion, Coughlin Bas not competent to
practice laB) *upra J"&) Cudge Nash 8olmes testified that in her opinion, Coughlin violated
numerous +ules of ;rofessional (%')(" including his lac5 of competency to practice laB) *upra
J".) <ttorney +ichard 8ill also testified that in his opinion Coughlin is not competent to practice
laB) *upra J ## <ttorney ;aul (lcano, Bho once s)7e$&ise Coughlin as a laByer and ultimately
terminated him from >ashoe 6egal *ervices, also testified that, i' #is %7i'i%', Coughlin is not competent to practice
laB) *upraJ #&
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($' *i1th, the record estaAlishes that Coughlin %ffe$e '% e07e$" %7i'i%' %$ e&ie'(e as "% #is (%87e"e'(:)
Dili9e'(e
(;' +;C ")# states D< laByer shall act Bith $eas%'a<le ili9e'(e a' 7$%87"'ess in representing a client)D
/he record is less clear as to Bhether or not Coughlin violated +;C ")# on more than on occasion)
(+' Cudge 8oBard, in the Coshi case, certainly found that Coughlin faile "% (%')("
is(%&e$: on Aehalf of his client in that matter) *upra #.
(*' /he record and ;leading Doc5et in this case estaAlish that Coughlin faile "% 7$%&ie a
&e$ifie $es7%'si&e 7leai'9 e&e' i' "#e efe'se %f #is %!' is(i7li'a$: a("i%') *upra 3&
(/' /he record and ;leading Doc5et in this case estaAlish that Coughlin haAitually files numerous, untimely and
repetitive motions)
Me$i"%$i%)s Clai8s a' C%'"e'"i%'s
(:' +;C 3)" in pertinent part states D< laByer shall not Aring or defend a proceeding, or assert or controvert an
issue therein, unless there is a Aasis in )laB and fact for doing so that is not frivolous, Bhich includes a good faith
argument for an e1tension, modification or reversal of e1isting laB)D
(-' /he record clearly and convincingly estaAlishes that Coughlin continuously and repetitively files irrelevant
pleadings) pleadings unrelated to the issue at hand and continuously and repetitively inKects irrelevant matters into
proceedings)
(>' Cudge Nash 8olmes found, for e1ample, that Coughlin repeatedly inKected allegations of AriAery, perKury
and police retaliation in a simple traffic case involving the failure to stop at a stop sign) *upra JT7 *he also found that
Coughlin repeatedly inKected attorney +ichard 8ill into 3uestions and statements Bhen 9r) 8ill Bas
in no Bay involved in the traffic citation trial) *upra J 7 *he also found that pleadings filed
suAse3uent to Coughlin4s incarceration Bere lengthy (more than #%% pages' contained scant discussion of, or relevance
to, the matter and contained irrelevant discussion of facts unrelated to the proceedings at hand) *upraJ) "%
(Z' /he record estaAlishes that in the 9erliss e&i("i%' action, Coughlin4s (%')(" Bas so ve1atious and
frivolous as to result in suAstantial sanction of attorney4s fees) *upra J #" *ee 8earing (1hiAit #, ; #, 6 & 2"3? ;3, 6 4
2"")
(=' /he ;leading Doc5et in this matter estaAlishes also that Coughlin4s filings, even in his
oBn defense of the disciplinary matter, inKect lengthy, irrelevant facts and legal issues into this
proceeding)
Ca'%$ "% "#e T$i<)'al
(Z' +;C 3)3(a'("' states D< laByer shall not 5noBingly: (m'a5e a false statement of fact or
laB to a triAunal or fail to correct a false statement )of material fact or laB previously made to the
triAunal Ay the laByer)D
(<<' /he record clearly and convincingly estaAlishes that Coughlin violated +;C 3)3(a'(l'
Bhen he lied to Cudge Nash 8olmes as to Bhether or not he Bas surreptitiously and Bithout
permission to record the proceeding) *upra J 7 $f note, Coughlin did not deny that he had lied to
Cudge Nash 8olmes) 7nstead, his cross e1amination of Cudge Nash 8olmes focused on hoB she had
learned of the true facts) *ee /ranscript of 8earing >ednesday, NovemAer "4, #%"#, ; "39, 6
(BB' <ttorney +ichard 8ill testified that Aased on his e1perience in litigating Bith Coughlin,
Coughlin Bas not truthful Bith either counsel or the Court) *upra ;aragraph #3)
(CC' /he record also estaAlishes that Coughlin Bas less than candid Bith the Court in tBo
separate applications to proceed in forma pauperis, Bhen he failed to disclose his true occupation as
an attorney and instead indicated he Bas self2employed as a DCac5 of all /radesD failed to identify any
income from the practice of laB after having represented to the court that his incarceration Bould
adversely affect his clients) *upra JJ 3" S 3#
Fai$'ess "% O77%si'9 Pa$": a' C%)'sel
(DD' +;C 3)4(c' states D< laByer shall not: (5'noBingly disoAey an oAligation under the
rules of a triAunal e1cept for an op en refusal Aased on an assertion that no valid oAligation e1ists)D
(((' /he record clearly and convincingly estaAlishes that Coughlin has a clear and
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continuing pattern of 5noBingly ignoring and disoAeying instructions from the Court)
(00' 7n his $rder of (%'"e87", Cudge 8oBard found that Coughlin refused to oAey directives
of the Cudge and continued lines of 3uestioning after Aeing instructed to refrain from doing so) *upra
4
(@@' Cudge Nash 8olmes, in her $rder of (%'"e87", found that Coughlin incessantly argued
Bith the Court, interrupted the Court, repeatedly restated matters after having Aeen admonished to
refrain from doing so, disregarded directives to as5 properly phrased 3uestions and disoAeyed
nBnerous admonitions Ay the court to stop repeating 3uestions, misstating ansBers, inKecting
irrelevant material, arguing Bith the Bitness and mischaracteriGing testimony) *upra J 7 triAunal)D
repeatedly (%')("s himself in a manner that is is$)7"ive of the triAunal Bhile in the courtroom)
(88' /he transcript of the hearing in this matter clearly demonstrates that Coughlin
repeatedly and incessantly interrupts Bitnesses, counsel, ;anel memAers and ;anel Chairman and
refuses to heed admonitions to refrain from doing so) *ee generally of >ednesday, NovemAer "4,
#%"#)
I87a$"iali": a' De(%$)8 %f "#e T$i<)'alT
(77' +;C 3).(d' states D< laByer shall not engage in (%')(" intended to is$)7" a triAunal)
(CC' /he is$)7"i%' 8)s" #a&e %(()$$e i' "#e (%)$"$%%8. O'e (a''%" disrupt a "$i<)'al
!i"# (%')(" %)"sie %f "#e (%)$"$%%8) 7n re 9ichael *tuhff, "%& Nev) #9, &37;)#d &.3 ("99#'
(EE' /he record overBhelmingly, clearly and convincingly estaAlishes that Coughlin
repeatedly (%')("s himself in a manner that is disruptive of the triAunal "hile in the courtroom)
(66' /he various orders of (%'"e87" or imposing sanctions issued Ay Cudges -enneth
Iardner, /inda Iardner, Dorothy Nash 8olmes and ;atric5 0lanagan each descriAe a si8ila$
7a""e$' %f (%')(" a' <e#a&i%$ "#a" is i'"e'"i%'all: is$)7"i&e %f "#e "$i<)'al) S)7$a A, -, /6,
B/ a' B5
(4) Coughlin4s (%')(" during the trial of the petit larceny case on NovemAer 3%, #%"", in
Bhich Coughlin appeared in propria persona, Bas so is$)7"ive that Cudge 8oBard found
Coughlin in direct (%'"e87" of court and sentenced him to Kail that same day to Ae released on
DecemAer 3, #%"" at &:%% ;9) J)9e H%!a$ s7e(ifi(all: f%)' C%)9#li';s (%')(" "% <e
is%$e$l: a' !as either (%'"e87")%)s %$ <e#a&i%$ i's%le'" "%!a$ "#e ?)9e in that
Coughlin refused:
D))) to oAey directives of the Cudge, continuing lines of in3uiry after Aeing advised Ay the Court to
refrain from doing so? demeaning the Court Bith statements such as D>$>D in response to court
rulings? laughing during testimony and further 3uestioning the court and its authority)D
*ee 8earing (1hiAit "" $+D(+ 0$+ *:99<+= ;:N7*89(N/ $0 (%'"e87"
C$997//(D 7N /8( 799(D7</( -7(> <ND ;+(*(NC( $0 /8( C$:+/, NovemAer
3%, #%"")
(N$/(: do not Aelieve (1hiAit "" Bas even admitted into evidence, Aut regardless, 8oBard4s
$rder for *ummary ;unishment (Bhich has never included a Certificate of *ervice attached to it,
not in NNDB Board Chair *usich4s use of it as (1hiAit to his .!3"!"# retreated of 8ill4s associate
Ba5er and Eing4s machinations in the *C+ ""7 %97. ;etition, not in Eing4s attaching one version
of it (Bith a different LcertificationH Ay +9C L0iling $fficer *upervisorH Donna Ballard' Bithin
Bhat Eing purported to Ae a true and accurate copy of his Complaint (Aut Bhich included a far
more legiAle copy of Cudge 8olmes4 3!"#!"# $rder (li5e the version thereof that Aecame 08(.'
and that attachments to it, and not in 08("", the same ""!3%!"" $;*C Ay +9C Cudge
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8oBard))non e of Bhich have a Certificate of *ervice (notice no harping on hoB the appeal turned
out Ay the ;anel Chair for either of the Lcriminal convictionH for contempt)))indeed, Bhere +C<
+oAerts Bas not even present for the additional three minutes on the record occurring at &:3% p)m),
Bhen Cudge 8oBard had Coughlin Arought Aac5 into the court room in handcuffs, such Bas
rendered in aAsentia and the deadline to appeal such therefore (and 8oBard attempted to convince
Coughlin he had not right to appeal such contempt order, Bhilst specifically informing Coughlin
of his right to appeal the petty larceny conviction' does not even run until the +9C or +C<
finally files a Notice of (ntry of $rder, etc) (the use of the term LrulingH Ay Cudge (lliott in
08("# noB ma5es more sense' failed to chec5 the Ao1 in that form order that Eing needed to Ae
chec5ed to have any chance of the offensive collateral estoppel he is see5ing to apply here, Bhich
results in the defensive variety of such controlling)))not to mention the fraudulent
misrepresentation of Bhether Coughlin had any right to appeal, the fact that the +9C failed to
ever serve Coughlin a '%"i(e of (ntry of $rder for that $*;$C, made in aAsentia of either or Aoth
Coughlin and +C< ;amela +oAerts, (s3) (Bhom everyAody can than5 for turning our legal
community into as Aig a roc5 fight in the street as she could'')
7) Cudge Nash 8olmes ordered Coughlin into custody on 0eAruary #7, #%"# and to Ae
incarcerated at the >ashoe County +egional Detention 0acility for the term of five (.' days)
<lternatively Coughlin could pay a fine of I.%%) /he Court4s sentence Bas based on its detailed
findings regarding Coughlin's conduct in his o"n defense)
D/he court finds that defendant4s contemptuous conduct consisted of his rude,
sarcastic, inappropriate, insuAordinate, disrespectful, antagonistic, deceitful, is$)7"ive,
argumentative and childish Aehavior during trial, all of Bhich appeared to Ae done to ve1
and annoy the court, the Bitness, and the opposing party, and to is$)7" the trial process)
/he court finds that the folloBing occurred, and constitute contempt: "' defendant4s
mimeli5e, cloBnish antics of ma5ing faces at the court? sagging doBn into his seat and
hanging his head? loo5ing Aehind himself and inside his coat as if searching for a Aetter
Bay to as5 a 3uestion? rolling his eyes? and mimic5ing others Bords? #' defendant4s
incessant arguing Bith the court, tal5ing over the court, and interrupting the court? 3'
defendant4s repeatedly restating matters after Aeing told Ay the court to Dmove onD or Das5
the ne1t 3uestion?D 4' defendant4s repeatedly inKecting allegations of AriAery, perKury, and
police retaliation into the matter after the court instructed him not to, and directed him to
limit himself to issues pertaining to the facts of the DBoulevard *top?D .' defendant4s
repeatedly trying to insertD +ichard 8illD into his 3uestions and statements Bhen such
person Bas not relevant to the proceeding and the defendant had Aeen ordered to stop
discussing that? ' defendant4s disregarding the rules of evidence and court procedure Ay
continually posing improper 3uestions after Aeing directed Ay the court to properly phrase
his 3uestions 7' defendant4s continually accusing the court of denying him the right or
aAility to as5 3uestions and telling the court to Dgive me a list of 3uestions you Bant me to
as5?D &' defendant4s suggesting that the court Dtell me Bhat Bould ma5e you happy?D 9'
defendant4s lying to the court in response to direct 3uestions posed Ay the court Bith
regard to his recording the proceedings? and "%' defendant4s failing and refusing to
properly e1amine the Bitness, despite numerous admonitions Ay the court to stop
repeating 3uestions, misstating ansBers, inKecting irrelevant material, arguing Bith the
Bitness and mischaracteriGing the testimony)D
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*ee 8earing (1hiAit 4 $+D(+ 07ND7N@ /8( D(0(ND<N/ 7N (%'"e87" $0 C$:+/
<ND 79;$*7N@ *<NC/7$N*) (N$/(: Eing failed to attach 08( 4 to his Complaint)'
"%) Cudge Nash 8olmes also found that Coughlin, after Aeing released from custody
folloBing the 0eAruary #7, #%"# (%'"e87" of Court incarceration, filed other nonsensical
pleadings including a #"& page document:
D)))purported to Ae yet another motion in this case entitled D9otion to +eturn Cell
;hones? 9otion to *et <side *ummary (%'"e87" $rder? and '%"i(e of <ppeal of
*ummary (%'"e87" $rder)D >ith scant discussion of, or relevance to, the aAove
captioned matter, said document mostly argues against Cudge 8oBard in a Department
4 case and again contains more than #%% pages of string legal citations? lyrics to roc5s
(sic' songs? 9r) Coughlin4s personal family history? discussion of an e&i("i%' case and
another (%'"e87" case? disKointed legal citations and other nonsensical matters that
have no apparent relevance to his traffic citation case) (N$/(: Eing4s Complaint faile
to '%"i(e plead any of the aAove, much less incorporate it Ay reference or even attach it
as an e1hiAit: D"4) 7n the case of City of +eno vs) Zachary Bar5er Coughlin, Case No)
"" /+ #&%% #", a trial Bas held on a traffic citation issued to +espondent) /he matter
Bas called at appro1imately 3:%% p)m) and concluded Bithout a verdict at aAout 4:3%
p)m) after the court held +espondent in criminal contempt of court for #is <e#a&i%$
and activities committed in the direct presence of the court during trial)D
#") $n Aehalf of his client Dr) 9erliss, 9r) 8ill sought and oAtained an order in favor of
Dr) 9erliss and against Coughlin aBarding Dr) 9erliss attorney4s fees in the amount of
I4#,%.).%) >ashoe District Court Cudge ;atric5 0lanagan entered the order on Cune #., #%"#)
*ee /ranscript of ;roceedings of >ednesday, NovemAer "4, #%"#, ; 47, 6 327) 2*ee 8earing
(1hiAit #, ; 3, 6 "%2"") /he motion see5ing attorney4s fees Bas Aased on Coughlin4s (%')("
in the defense of the e&i("i%' matter, Bhich (%')(" Bas characteriGed as frivolous and
ve1atious and presumaAly so found Ay Cudge 0lanagan) *ee 8earing (1hiAit ; #, 6 &2"3? ; 3, 6
42"")
#.) 8udge Iardner's order in the 8oshi matter indicated that Coughlin had conducted
no discovery i' "#e (ase a' faile "% 7$ese'" a': documentary e&ie'(e a" "#e "$ial %f "#e
8a""e$ %' <e#alf %f #is (lie'" M$s. J%s#i) *ee 8earing (1hiAit ; "#, 6 4 2)
<fter commenting on various negative aspects of Coughlin4s representation of his client 9rs) Coshi, (*ee 8earing
(1hiAit ; "#, 6 9 2; "3, 6 4%' (
8udge Iardner specifically held:
D/he most trouAling aspect of this case Bas 9r) Coughlin4s rude, sarcastic and disrespectful
presentation at trial? 9r) Coughlin4s inaAility to understand a Aalance sheet? his failure to
(%')(" discovery? and his lac5 of 5noBledge Bith regard to the rules of evidence and trial
procedure) <ll of this Bas compounded Bith a continuously antagonistic presentation of the
case that resulted in a shift from a fairly simple divorce case to a contentious divorce trial
lasting an e1cessive amount of time) D
See Hea$i'9 E0#i<i" 1, P /1, L 5 E/6:
(D<t trial) 9r) *pringgate stated that 9r) Coughlin had (%')("ed no discovery in this
case) 7n addition, 9r) Coughlin failed to present one documentary piece of evidence at
triall on Aehall of 9a) Coshi4s claims) 9r) Coughlin argued incessantly Bith the Court
throughout trial and made sarcastic, derogatory remar5s to the Court, 9r) *pringgote,
and 9r) Coshi throughout trial) /he Court notes that there Bere Bell overr 4% oAKections
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during four (4' hours of trial) 9r) *prlnggate4s oAKections Bere Bell2founded and
continuously sustained e1cept in one instanceD')
(N$/(: Eing failed to attach @ardner4s 4!"3!%9 $rder <fter /rial (08(3' and failed
to incorporate it Ay reference either, in his Complaint, and the aAove e1cerpt Bas not
amongst the portion of such $rder Eing did 3uote in his Compliant'
(N$/(: Kust as Coughlin Bas Lnot a partyH for purposes of appealing any part of the
$rder <fter /rial (or anything else in the case' that Bas not superseded Ay the !"9!%9
0inal Decree, so to is Coughlin not Lin privityH Bith his former client, 9s) Coshi, or La
partyH sufficient to provide an offensive collateral estoppel Aar for the *BN oAviating
its Aurden to prove, Ay clear and convicing evidence, any alleged professional
misconduct is alleges is proven Ay doing nothing more than citing to a mere small
portion of such superseded 08(3 (failing to incorporate Ay reference such order or to
even attach such to the Complaint, not to mention failing to produce a certified copy,
Bhich made especially duAious Chair (cheverria4s alloBing >6*4s (lcano to provide
foundations for or authenticate that produced Ay Eing in 08(3 Bhere (cheverria
refused to provide such treatment to Coughlin and his mother4s attempts to authenticate
and or provide foundation for the audio recordings (one purchase directly from the
+9C Ay Coughlin4s mother, one provided to Coughlin Ay the *BN, Bhom purported
such to Ae a true and correct copy of the audio transcripts provided to it Ay the +9C'
for Aoth the #!#7!"# and 3!"#!"# trail dates resulting in, respectively, 08(4, and
08(.')
Cudge 6inda @ardner4s 0indings of 0act, Conclusions of 6aB, and Decree of
Divorce (0$0C$6D$D' in D-%&2%""& of !"9!%9 held:
#CDC Cudge @ardner4s !"9!%9 final Decree of Divorce e1cised only from *pringgate4s
.!#"!%9 ;roposed Decree the attorney4s fees aBard detailed in paragraph si1 of %pringgate's
Proposed Decree, (the language Cudge 6) @ardner e1cised therefrom read: L)
ATTORNEY;S FEES: /he Court has the discretion to aBard attorney4s fees in a divorce
action, pursuant to N+* "#.)".%(3', and 6ove v) 6ove, ""4 Nev) .7#, 9.9 ;)#d .#3 ("99&')
/here is further authority for fees pursuant to )#! 34.5356786(8 , and N+* 7)%&.) .ased on
the above and foregoing, former counsel for the Defendant is ordered to pay attorney's fees
in the amount of =13?)!! "ithin thirty <3!> days of this *rder and Decree)H')
7nstead, Cudge 6) @ardner4s !"9!%9 final Decree of Divorce operated to amend and or
supersede her 4!"3!%9 $rder <fter /rial (the ""!"4!"# formal disciplinary hearings N@"#2
%43., 08(3' to not contain vacate any such attorney fee aBard (and all the language the *BN
Eing4s 3uoted therefrom in his 4!"3!%9 Complaint' Bhere such final Decree reads: DFi'i'9s
%f Fa(", C%'(l)si%'s %f La!, a' De($ee %f Di&%$(e )))9) /he Court adopts, as 0indings of
0act, each and every Conclusion of 6aB AeloB, Bhich Ay this reference are e1pressly
incorporated herein) C$NC6:*7$N* $0 6<>
4) C$99:N7/= ;+$;(+/=!D(B/)
B' 9r) Coshi4s -ehicle: /he #%%. Chevrolet BlaGer shall be considered as
Plaintiff's sole and separate property and Plaintiff shall be responsible for the debt
remaining thereon) *ince the car is Borth aAout I"%,9"%)%% and there is I".,%%9)7. due and
oBing on the vehicle, 9r) Coshi4s assumption of this asset is to Ae considered as an
underta5ing of community deAt of appro1imately I4,"%%)%%)
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C' 9s) Coshi4s car shall Ae considered as her sole and separate property and she
shall Ae responsiAle for any deAt remaining thereon) %ince no evidence "as presented to the
Court as to the value of the auto, either positive or negative, there is no value for this
community asset)
D' *on4s -ehicle: /his vehicle is not considered as an asset and Bill not Ae
divided among the community)
(' Daughter4s -ehicle: /his vehicle is not considered as an asset and Bill not
Ae divided among the community) (N$/(: Coughlin elicted testimony from 9rs) Coshi Bith
respect to 9rs) Coshi Aeing liaAle or cosigning for the daughters vehicle, Bhich arguaAly is
supportive of the alimony claim')))
C' Ge'e$al C$ei" Ca$ De<": /here is general debt of appro1imately
I".,.%)%% "hich has been e'pended for community purposes) 9r) Coshi has agreed to Ae
responsiAle for this deAt and the same shall be considered as his sole and separate
responsiAility) )))
6' Mei(al De<": /here is a deAt due to *t) 9ary4s 8ospital for H2,-15.66 and a
deAt to +(9*< for I.%%)%%) 9r) Coshi has agreed to Ae responsiAle for these deAts and the
same shall Ae considered as his sole and separate responsiAility) )))
N' @eneral C%88)'i": De<": /here Bas no evidence to estaAlish community
deAt) 9r) Coshi agreed to ta$e the remaining community debt in his name that is outstanding
and the deAt shall Ae his sole and separate responsiAility) 7t should Ae noted that 9r) Coshi has
li5ely incurred an une3ual distriAution of the community deAt of the parties and the Court
finds his testimony to Ae a compelling reason for ma5ing an une3ual distriAution ofthe
community deAt)
.) S7%)sal S)77%$": /he Court has found that 9r) Coshi is ." and 9s) Coshi is 4? the
parties earn roughly e#uivalent amounts? "#e 7a$"ies #a&e <ee' 8a$$ie B/ :ea$s but Ms.
-oshi has al*ays been employed during that time? 9s) Coshi has a college degree? Aoth parties
are aAle to Bor5? and after consideration of the net income, deduction of ta1es, and the
amount paid in community debt Ay 9r) Coshi, an a"ard of alimony in the amount of one
dollar (I")%%' shall Ae aBarded to 9s) Coshi pursuant to N+* "#.)".%, >olff v) >olff, ""#
Nev) "3.., 9#9 ;)#d "9, and *hydler v) *hydler, "94 Nev) "9#, "9, 9.4 ;)#d 37, 39
("9&&')))) 7/ 7* *$ $+D(+(D)D
/he only other difference AetBeen *pringgate4s ;roposed Decree and the final Decree
of Divorce Cudge 6) @ardner entered is found in paragraph .: L.) *;$:*<6 *:;;$+/: /he
Court has found that 9r) Coshi is ." and 9s) Coshi is 4 and the parties earn roughly
e3uivalent amounts and that, after consideration of net income, deduction of ta1es, including
the amount paid on paying off community debt, as set forth above, and in light of the fact
the parties have been married for t"enty&one <1> years and ,s) 8oshi has al"ays been
employed during that time, inclusive of the fact that she oAtained a college degree prior to
marriage, Aoth parties Aeing healthy and aAle to Bor5, "#e C%)$" does not <elie&e "#a" Ms.
J%s#i is e'"i"le "% a' a!a$ %f ali8%':, pursuant to 3R% 1G)1G<1><A>, >olff v) >olff,
""# Nev) "3.., 9#9 ;)#d "9 ("99', and *hydler v) *hydler, "94 Nev) "9#, "9, 9.4 ;)#d
37, 39 ("9&&')
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>itness the alterations to *pringgate4s ;roposed Decree aAove in the final Decree of
Divorce Cudge 6) @ardner ultimately entered: L.) S7%)sal S)77%$": /he Court has found that
9r) Coshi is ." and 9s) Coshi is 4? the parties earn roughly e3uivalent amounts? "#e 7a$"ies
#a&e <ee' 8a$$ie B/ :ea$s but Ms. -oshi has al*ays been employed during that time? 9s)
Coshi has a college degree? Aoth parties are aAle to Bor5? and after consideration of the net
income, deduction of ta1es, and the amount paid in community debt Ay 9r) Coshi, an aBard
of alimony in the amount of one dollar (I")%%' shall Ae aBarded to 9s) Coshi pursuant to N+*
"#.)".%, >olff v) >olff, ""# Nev) "3..,9#9 ;)#d "9, and *hydler v) *hydler, "94 Nev) "9#,
"9,9.4 ;)#d 37, 39 ("9&&'H
8oBever, J)9e L. Ga$'e$;s fi'al De($ee %f Di&%$(e !%)l )7 #i9#li9#"i'9 "#e
fa(" "#a" C%)9#li' i, i' fa(", 7)" %' e&ie'(e s)77%$"i&e %f a' ali8%': (lai8, the fact
that the parties had Aeen married #" years, (Bhere, at least under the L/onopah formulaH is
over tBice the ten years rule of thumA so commonly predictive in family court of Bhether
there Bill Ae an aBard of at least some, or rehaAilitative alimony, especially Bhere there are
children of the marriage) Cudge 6) @ardner4s final Decree of Divorce altered the language in
*pringgate4s ;roposed Decree in a manner Bhich accentuates such fact (Bhich Coughlin
argument during trial and direct e1amination of his client, 9s) Coshi, estaAlished, in
Coughlin4s ma5ing argument for an aBard of alimony that Bas, in fact, Aased in fact and laB
(in addition to Coughlin4s insightful invocation of an <6+ article providing support for the
position that *pringgate4s proposed settlement Bas largely a chimera Bere a domestic duty is
accorded greater protection under the laB than unsecured third party credit card deAt (LC'
@eneral Credit Card DeAt: /here is general deAt of appro1imately I".,.%)%% "hich has
been e'pended for community purposes) 9r) Coshi has agreed to Ae responsiAle for this deAt
and the same shall Ae considered as his sole and separate responsiAility)H (and Bhere 9r)
Coshi4s have a selection of credit cards in his name only, and for "hich only he had the
Duluth ,odel Lpo"er and control@ (hoB do you li5e that, C<<>M />*M C7*M' to monitor
or incur charges under, and for Bhich there Bas no Ldocumentary evidenceH (Bhere 08(3
originally criticiGed Coughlin for putting on only Ltestimonial evidenceH to support the claim
for alimony)))Bhich is similar to 08(3 alleging Coughlin Lconducted no discoveryH (Bhich
Bas not litigated, and Bhere >6* and (lcano completely oAstructed Coughlin4s aAility to
disprove such, including refusing to alloB Coughlin to access his former
coughlinGVBashoelegalservices)org email account or 9* $utloo5 files' especially Bhere Coughlin is
not in privity Bith 9s) Coshi' Bhere *pringgate4s retort to Coughlin4s in3uiring as to Kust Bhat
discovery *pringgate himself conducted Bas met Bith the specious response that L+ did my
discovery in the 1F)1H (see *pringgate email to Coughlin to support the Alan5et assertion that
such L8) Ieneral Credit Card DebtH (Bhich J)9e L. Ga$'e$ s"%7s s#%$" %f Ifi'i'9J "%
<e I(%88)'i": e<"J *es7e(iall: !#e$e #e$ fi'al De($ee s7e(ifi(all: i'i(a"es Ithere "as
no evidence to establish community debtJ? *here such decision only underscores the
legitimacy of the arguments Coughlin made during the trial $es7e("i'9 "#e a""e')a"e
(#a'(es a': s)(# )'se()$e "#i$ 7a$": ($ei" (a$ ($ei"%$s, es7e(iall: !#e$e s)(#
I9e'e$al ($ei" (a$ e<"J !as i&ie a8%'9s" a ')8<e$ %f (a$s s)(# "#a" '% %'e
a((%)'" !as s)ffi(ie'"l: la$9e "% e07e(" a' e0"e'si&e li"i9a"i%' 7$%&i'9 s%8e I%("$i'e %f
"#e 'e(essa$iesJ <asis f%$ #%li'9 M$s. J%s#i 7e$s%'all: lia<le f%$ "#e ($ei" (a$
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a((%)'"s f%$ !#i(# #e$ #)s<a' !as "#e s%le si9'a"%$: s)ffi(ie'" "% ?)s"if: C%)9#li'
?%i'i'9 J)9e Ga$'e$ a' S7$i'99a"e;s i88eia"el:E<ef%$eE"#eE"$ialEISe""le8e'"
C%'fe$e'(eJ *a77a$e'"l:, a((%$i'9 "% S7$i'99a"e, a CMC (%)'"s as a se(%'
Ise""le8e'" (%'fe$e'(eJ, #a$ sell "% #is (lie'", M$s. J%s#i seeCi'9 #e$ a77$%&al,
esse'"iall:, f%$e9%i'9 #e$ $i9#" "% a77eal a': a&e$se e(isi%' <: J)9e Ga$'e$,
es7e(iall: as "% #e$ ali8%': (lai8 (9rs) Coshi Bas adamant at the time, that even a
*iragusa, Kurisdictional reservation Bas not satisfactory, and that she needed some actual,
li3uid, alimony)))(see .4&44, .3&33))) Lshut upH and Ldon4t listen to your attorneyH Bere
said')
7t is very interesting to compare the dates and individual listed in the various
Certificates of *ervices in the Coshi matter post Coughlin4s suspension from >6* on 4!#%!%9
(the day after his Britten complaint to (lcano of a hostile Bor5 environment and other issues'
incident to Cudge 6) @ardners Bor5 in 08(3, particularly Bith respect to the final Decree of
Divorce and the impact thereof as to the $rder <fter /rial presented at the formal disciplinary
hearing as 08(3)
L+(F:(*/ 0$+ *:B97**7$N 7t is hereAy re3uested that the 0indings of 0act,
Conclusions of 6aB, and Decree of Divorce Aeing filed concurrently hereBith Ae suAmitted to
the Court for decision) Ai"i%'all:, (%)'sel f%$ Defe'a'" #as $e&ie!e "#e e($ee a'
a77$%&e i" as (%'f%$8i'9 !i"# "#e C%)$";s O$e$) D</(D this "6 day of 9ay, #%%9) !s!
Cohn ;) *pringgate, (s3) C(+/707C</( $0 *(+-7C( ;ursuant to N+C; .(A', 7 hereAy
celiif=that 7 am an employee of /8( 6<> $007C(* $0 C$8N *;+7N@ @</(, and that
on this date 7 personally served at +eno, Nevada, a true copy of the Bithin 0$+ fully
addressed to: 9arc <shley, (s3) >ashoe 6egal *ervices #99 *) <rlington <venue +eno, N-
&9.%" Z for mailing Ay first class mail, postage prepaid Dated this #"st day of 9ay, #%%9) !s!
6inda <) EnoBldenD)
L0rom: Zach Coughlin Qmailto:GachcoughlinVhotmail)comR *ent: /hursday, 9ay #&,
#%%9 "%:4 <9 /o: 9arc <shley? DeAorah ;ringle? Caryn *ternlicht *uAKect: 0>: >DC+ 9
;roposed 0inal Decree, +(: discovery re3uests Dear >ashoe 6egal *ervices, ;lease see my
concerns in the emails AeloB) /he proposed Decree suAmitted Ay 9r) *pringgate presents
real proAlems for 9s) Coshi) *pecifically the deAt distriAution is in no Bay referred to as Aeing
characteriGed as in lieu of alimony or given any similar treatment) /here is a Bealth of
authority, some of Bhich 7 have provided and some of Bhich is contained in my emails to 9r)
*pringgate during the pre2trial phase of the Coshi litigation that spells out Bhy this is
disadvantageous to 9s) Coshi) Ban5ruptcy laB specifically .3#a(".' could potentially see 9r)
Coshi, upon the re3uisite shoBing, Ae discharged of the deAt distriAuted in the decree and not
forced to pay alimony) *incerely, Zach Coughlin, (s3) (N$/(: thereafter Coughlin included
his email to *pringgate: LL>DC+ 9 ;roposed 0inal Decree, +(: discovery re3uestsM 0rom:
Zach Coughlin (GachcoughlinVhotmail)com' *ent: *un .!#4!%9 7:"9 ;9 /o:
springgatelaBVsAcgloAal)net 8i Con, 8ave you suAmitted a 0inal Decree or 0indings
of 0act yetM >ill you Ae providing me a copy) <pparently, 7 am not aAle to access efile for
this case, so 7 assume that means you could not serve me such a document via efile) Do you
intend to assert that 7 am not entitled to a copy of the proposed order, pursuant to >DC+ 9M
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7f 7 am, 7 have . days to oAKect to it, etc)))+ $no" "e previously discussed language for
ban$ruptcy concerns in our settlement discussion, but + feel it is important for the final
order to specify "hat is for "hat so that any G3&a&1G or G3&a&G issues do not become
problematic? granted she is >6*4s client)))7o"ever, to the e'tent that the 2inal Decree
spells out the sanctions, + believe + am entitled to G days to revie" any proposed 2inal
Decree prior to your submitting it) )))Can you respond to my earlier 3uestion, see AeloB,
regarding "hether you ever sent any discovery re#uests to ,s) 8oshiM *incerely, Zach
Coughlin)))) LH
L+(: >DC+ 9 ;roposed 0inal Decree, +(: discovery re3uestsM 0rom: 9arc
<shley (mashleyVBashoelegalservices)org' *ent: /hu !%4!%9 3:"9 ;9 /o:
GachcoughlinVhotmail)com? DeAorah ;ringle (dpringleVBashoelegalservices)org'?
Caryn *ternlicht (csternlichtVBashoelegalservices)org' Zach, *orry for the delay in getting
Aac5 to you on this) 7Pve Aeen out of the office and this is my first day Aac5) >hen
summariGing the evidence in her order, the Kudge did mention that 9r) Coshi suggested that
maintenance Ae 5ept open for . years as protection against his default on the deAts he Bas
ordered to pay) 8oBever, Bhen she got to that portion of her order concerning maintenance,
she specifically denied maintenance after revieBing relevant factors such as the partiesP
relative ages, earning capacities and state of their health) *pringgate recalls discussing the
aBard of I" per year maintenance for . years so it could Ae revised to account for any default
on his clientPs part and also has said that he thought the provision Bas going to Ae part of the
order) 8oBever, he feels that the clause cannot Ae included in light of the KudgePs plain
statement that maintenance is denied (7 Bould assume also Aecause it doesnPt Aenefit his
client', so the final decree "as submitted as originally proposed) 5e have filed a motion to
amend it on the basis of mista$e or inadvertence) 9arc <shley *taff <ttorney >ashoe 6egal
*ervices #99 *) <rlington <ve)H (N$/(: >6*4s <shley failed to provide Coughlin any copy
of the 9otion to <mend he references in his email, and the Certificate of *ervice on such
9otion to <mend of .!#7!%9 Ay >6*4s <shley does not list Coughlin amongst those to Bhom
it Bas mailed'
>6*4s <shley4s .!#7!%9 M%"i%' "% C%$$e(" P$%7%se De($ee someBhat incorporated
the legal analysis Couglhin email to >6* on .!#!%9, Bhere such reads: L9$/7$N /$
C$++(C/ ;+$;$*(D D(C+(( B8<+/7 C$*87, Defendant!Counterclaimant, Ay her
attorneys, >ashoe 6egal *ervices Ay 9arc <shley, oAKects to the form of the 0indings of
0act, Conclusions of 6aB, and Decree of Divorce and moves that it Ae corrected Aecause 5ey
provisions have Aeen omitted through mista5e, inadvertence or e1cusaAle neglect, as more
fully set forth in the attached 9emorandum of ;oints and <uthorities) )))D</(D this #th
day of 9ay, #%%9) !*! 9arc <shley, (s3), >ashoe 6egal *ervices)
MEMORANDUM OF POINTS AND AUTHORITIES N+C; +ule % alloBs a
Court to relieve a party from the terms of a final Kudgment, order or other proceeding on the
grounds of mista5e, inadvertence or e1cusaAle neglect) Defe'a'" i' "#is (ase (%'"e's "#a"
"#e fi'al e($ee !as "% #a&e (%'"ai'e (e$"ai' 7$%&isi%'s "% 7$%"e(" #e$ i' (ase Plai'"iff
fails "% 7a: "#e i'e<"e'ess #e #as <ee' %$e$e "% 7a:. T#ese e<"s a$e i' Defe'a'";s
'a8e a' "#e: !ill <e asse$"e a9ai's" #e$ if #e %es '%" 7a: %$ files <a'C$)7"(:.
S7e(ifi(all:, i' i"s O$e$ Af"e$ T$ial, 7a9e 2 li'es /4EB6, "#e C%)$" '%"es "#a" ;;"% 7$%"e("
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Ms. J%s#i i' "#e e&e'" M$. J%s#i file f%$ <a'C$)7"(:, M$. J%s#i s)99es"e "#a" "#e (%)$"
8ai'"ai' ?)$isi("i%' %&e$ "#e iss)e %f s7%)sal s)77%$" f%$ fi&e :ea$s.+ I" !as
Defe'a'";s )'e$s"a'i'9 "#a" "#is !as "% <e %'e "#$%)9# a' a!a$ %f 8ai'"e'a'(e
%f O'e D%lla$ *H/.66, Pe$ :ea$ f%$ fi&e :ea$s. If Plai'"iff (ease 7a:i'9 "#e e<"s, s#e
!%)l "#e' <e a<le "% $e>)es" 8ai'"e'a'(e "% %ffse" "#e ae 7a:8e'"s.
7n discussing the form of the decree Bith Plai'"iff;s a""%$'e:, #e !as liCe!ise %f "#is
)'e$s"a'i'9 a' 8ai'"ai'e "#a" "#e H/.66 Pe$ :ea$ la'9)a9e !%)l <e i' "#e fi'al
e($ee. H%!e&e$, i' 7$e7a$i'9 "#e fi'al 7a7e$s #e '%"i(e "#a" "#e (%)$" e'ie
8ai'"e'a'(e al"%9e"#e$ a" 7a9e //, li'es /-E/4, s% i '%" i'(l)e "#e e07e("e la'9)a9e.
A((%$i'9l:, Defe'a'" moves the court to amend the order to include an a"ard of
maintenance i' "#e a8%)'" %f O'e D%lla$ *H/.66, Pe$ :ea$ f%$ fi&e :ea$s, so Defendant
Bill have recourse to protect her credit if Plai'"iff efa)l"s %' "#e e<"s in her name. (he
debt on the car "hich is titled in Plaintiff's name and their daughter is also in Defendant's
personal name) Defe'a'" !as of the understanding that Plaintiff *as also to re%title the car
in the name of $efendant a' "#ei$ a)9#"e$, a' Defe'a'" 8%&es f%$ a8e'8e'" %f "#e
%$e$ "% a((%87lis# "#is) Dated this #th day of 9ay, #%%9) !*! 9arc <shley, (s3)
C9R(+2+CA(9 *2 %9RK+C9 .A ,A+/ ;ursuant to N+C; .(A', 7 hereAy certify
that 7 am an employee of >ashoe 6egal *ervices, and that on th)) Day of 9ay, #%%9, 7 served
the foregoing: 9$/7$N /$ C$++(C/ ;+$;$*(D D(C+(( Ay depositing Bith the
:nited *tates ;ostal *ervice, postage prepaid, at +eno, Nevada, a true and correct copy of the
Bithin document addressed to: 6aB $ffices of Cohn ;) *pringgate, (s3) #%3 *outh <rlington
<venue +eno, N- &9.%" !s! DeAorah ;ringle, C; <n employee of >ashoe 6egal *ervicesH
*o, Bhere *pringgate, the #CDC, and >6* did not see fit to include Coughlin on
numerous Certificates of *ervice (or, indeed serve him such documents, never mind >6*
utterly failing to defend Coughlin, support him in having the 4!"3!%9 $rder <fter /rial
vacated, or alloB him access to his email to 9rs) Coshi and others (including >6* employees
Bhom Coughlin Bould need oAtain chec5s from to send out discovery, etc), or those that
prove Coughlin did in fact e1tensively research the issues involved in that case prior to ta5ing
the positions he too5 at trial', and the #CDC removed Coughlin from the list of individuals
aAle to access such case on e0le1, unless Coughlin paid an I&& real party in interest first
appearance fee (Bhich >6* refused to pay on Coughlin4s Aehalf', and Coughlin Bas not
alloBed to LappealH the $rder <fter /rial in that he is not considered a LpartyH (or in privity,
really per <lAany v) <rcata' it Bould hardly Ae Kust to aAsolve the *BN of its duty to
investigate such LgrievanceH (the *BN Bas provided all the filings in D-%&2%""& Ay
Coughlin, in addition to all of those on file in .3&33 and .4&44 (as Bere all the memAers of
the ;anel' Aeyond simple ta5ing such 08(3 from Cudge Nash 8olmes in her LAo1 of
materialsH she collected and suAmitted along Bith 08(&, her 3!"4!"# grievance letter to the
*BN and mon5eying Bith the Ldate receivedH stamp the *BN affi1ed thereon to (as if such
really throBs one off a Bhole lot' indicate such Bas Lreceived 3!".!"#H Bith the L.H in L".H
going through many, uh, changes, over the months and through the various iterations thereof)
0urther, Aoth *BN Cler5 of Court ;eters, and Eing made statements and Briting despite
>DC+ 9 re3uiring that *pringgate had to have served Lon any parties to the action and
affected Ay the KudgmentH (so, Coughlin4s not Aeing La partyH entitles the Court, *pringgate,
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and >6* to let Coughlin continue to litigate an appeal and then a ;etition for >rit all the
Bhile Aeing unaBare that #CDC Cudge @ardner had entered an $rder on !"9!%9 Bhich
vitiated completely the 4!"3!%9 attorney fee sanction)
7t is entirely clear Bhy Cudge 6) @ardner, *pringgate, and >6* did not Bant Coughlin
to Ae aBare of the !"9!%9 Decree, specifically to the e1tent that the changes from the $rder
<fter /rial to the final Decree completely undermine >6*4s rationale proffered for firing
Coughlin, Bhich rested entirely, (Lsole reasonH according to (lcano' upon Cudge 6) @ardner4s
since 4!"3!%9 $rder <fter /rial, Bhere (lcano, on Aehalf of >6* (see %3%#, %3"7' made
the decision to terminate Coughlin employment, announcing such to Coughlin on .!7!%9,
ma5ing the !"9!%9 date of entry of the final Decree of Divorce incrediAly convenient for all
involved e1cept Coughlin)))Kust so long as Coughlin does not Aecome aBare of the entry of
such final Decree on !"9!%9, and so long as he is not aBare of the e1tent to Bhich the
changes AetBeen the tBo completely vacate the sanctions, and, in doing so, eviscerate >6*4s
rationale for terminating Coughlin)
L0rom: GachcoughlinVhotmail)com /o: springgatelaBVsAcgloAal)net *uAKect:
discovery re#uests Date: 9on, "& 9ay #%%9 %9:43:"7 2%7%% 8i Cohn, Do you have any
record of sending any discovery re3uests to Bharti CoshiM 7f so, could you indicate Bhat they
Bere and Bhen and provide a copyM *incerely, Zach Coughlin, (s3)H
+e: >DC+ 9 ;roposed 0inal Decree, +(: discovery re3uests 0rom: Cohn *pringgate
(springgatelaBVsAcgloAal)net' ) *ent: /ue .!#!%9 .:"4 ;9 /o: GachcoughlinVhotmail)com
" attachment #%%9%.#"7"".&7.&)pdf (34.)% EB' ") /he proposed order Bas filed 9ay #") 7
have attached a copy via pdf) 7 5ept it very sparse on the sanctions) #) /he Aan5ruptcy
concerns are not your issue, she is not your client) 3) 7 did my discovery in the ")")H
Coughlin4s conduct therein, is made all the more understandaAle given the complaints
to (lcano Ay then named L/ahoe >omen4s *ervicesH upon Coughlin failing to satisfy
LadvocateH Cecilia @onGaleG4s standard as to Kust hoB much he should have e1orted his then
client ;aula 8auAl to proceed at the e1tension hearing for the order of protection she oAtained
against her husAand, Bhere 9rs) 8auAl Bas e1tremely conflicted in that regard, and Bhere
8auAl actually spo5e Bith and Brote to (lcano praising Coughlin4s representation of her
incident to (lcano conducting an investigation in response to />*4s Britten complaint
against Coughlin, Bhich (lcano refused to provide to Coughlin')
*uch Arings to mind the 3uestion, then hoB Bas *pringgate4s use of discovery,
presentation of various forms of LevidenceH (testimonial, documentary, or otherBise'
sufficient to avoid a sanction, not to mention his L5noBledge of procedural rules and rules of
evidenceH Bhere *pringgate, not Coughlin violated Cudge 6) @ardner4s ;re2/rial order
respecting the re3uirement to provide Coughlin a copy of the Lmore than ten e1hiAitsH that
*pringgate offered, Lprior to trialH in a form that is LAound, taAAed, and inde1edH (ironically,
*pringgate4s violation of such procedural order (Cudge @ardner4s 08(3 ta5es Coughlin to tas5
Bhere he oAKected to such Lthen failed to cite to a specific ruleH, despite there Aeing no
specific rule, Aut rather, such Aeing laB of the case incident to the ;re2/rial $rder that
Coughlin, not *pringgate, complied Bith')
7ndeed, Cudge 6) @ardner4s $rder of 7!".!%9 further e1plained: LI's%fa$ as ... "#e
a!a$ %f a""%$'e:;s fees,...the Court did not intend the a"ard of attorney's fees to be
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included in the Decree of Divorce))))$n 9ay "3, #%%9, a 9otion to *tri5e Bas filed Ay Cohn
;) *pringgate, (s3), alleging ))) there "as no final judgment entered in this matter yet as the
*rder After (rial had not been memoriali:ed into a 2indings of 2act, Conclusions of /a",
8udgment and Decree of DivorceH)H
@iven that, the stipulation to an Amended $ecree bet*een !pringgate and 9:! on
;<77<5=, and J)9e L. Ga$'e$ e'"e$i'9 a' O$e$ a%7"i'9 s)(# %' -@B1@6., along *ith
-udge :. >ardner e2cising from !pringgate's Proposed $ecree the attorney fee a*ard
included therein.
$f course #CDC Cudge 6) @ardner is annoyed Bith >6*4s (lcano (li5e many people'
incident to his ta5ing her $rder <fter /rial and using it for that Bhich it Bas never intended)
+egardless, *pringgate4s invocation of N+* "&)%"%(#'(A' is more than misguided, and clearly
fails to support any vieB that the 08(3, 4!"3!%9 $rder <fter /rial Ay #CDC Cudge 6) @ardner
is till at all operative (Bhich it is not, clearly', especially Bhere such Bas premised upon an
original order that did not provide for alimony Bhere the final Decree of Divroce indeed did
so aBard alimony:
L"%#5"94)44 5) Bad 0aith or 9eritless 6itigation) 9ost Cited Cases Defendant did not
Aring or maintain counterclaims Bithout reasonaAle ground, as Bould support statutory aBard
of attorney fees to plaintiffs in their action for Areach of contract? defendant Bas successful in
his counterclaim for Areach of contract, as reflected in supplemental Kudgment alloBing him
an offset against plaintiffs4 Kudgment for loans that one plaintiff did not repay to defendant,
and Bhile defendant Bas not successful on his other counterclaims, he presented some
evidence and testimony to factually and legally support them) >est4s N+*< "&)%"%(#'(A')
8alls v) ;hillips *lip Copy, #%"% >6 3&3&4&7 (Nev) #%"%') 7n light of our decision to reverse
in part the district court4s grant of summary Kudgment in favor of respondents, Be conclude
that any aBard of attorney fees and costs under N+C "&)%"%(#'(A' is premature, and thus, the
aBard must Ae reversed) Eahn, "#" Nev) at 4792&%, ""7 ;)3d at #3& (reversing an entire fee
aBard made under N+* "&) %"%(#'(A' Bhen a summary Kudgment Bas reversed in part and
affirmed in part on appeal') Nev),#%"%) (dBards v) National Credit <dKusters, 66C *lip
Copy, #%"% >6 3&3&93 (Nev)'H
0urther, had no alimony aBard ultimately Aeen entered, *pringgate4s client Bould have
arguaAly oAtained a recovery e1ceeding I#%,%%%, therefore ta5ing such out of the purvieB of
N+* "&)%"%(#'(A')
But really, Aasically Bhat happened Bas Coughlin filed his doc5eting statement in
.3&33 Bith the attachment thereto, and #CDC Cudge 6) @ardner decided she did not need any
of that, and that this Bas *pringgate4s and (lcano!>6*4s proAlem noB, and she undid her
4!"3!%9 sanctions $rder Ay entering
(99' /he transcript of the proceedings in this matter reveal a continuation of a similar
pattern of (%')(" Ay Coughlin despite his having Aeen sanctioned t"ice Bith an adverse aBard of
attorney4s fees and tBice Ay incarceration) *ee generally of >ednesday, NovemAer "4, #%"#) (N$/(:
no, not good enough (cheverria to go D*ee generallyD, see, getting specific) 0urther, the 08( #
$rder aBarding attorney4s fees failed to specify such as Aeing against Coughlin in his role as his oBn
attorney, versus against Coughlin as the litigant incident to 0lanagan4s void application of a
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Dprevailing partyD attorney fees statute that only applies to plenary Kudgments anyBays (N+*
9)%.%')
Rela"i%'s !i"# O77%si'9 C%)'sel
(NN' +;C 3).< states D>hen a laByer 5noBs or reasonaAly should 5noB the identity of a laByer
representing an opposing party, #e %$ s#e s#%)l '%" "aCe a&a'"a9e %f "#e la!:e$ <: (a)si'9 a':
default %$ is8issal "% <e e'"e$e !i"#%)" fi$s" i'>)i$i'9 a<%)" "#e %77%si'9 la!:e$;s i'"e'"i%'
"% 7$%(ee)D (N$/(: this is particularly rich, considering the ;anel then attempts to find that Las a
matter of defaultH variosu Lviolation(s' may Ae deemed admitted)))H, especially Bhere Eing4s "%!9!"#
Notice of 7ntent to /a5e Default "as not served on Coughlin'
($$' <lthough the *tate Bar pled a violation of +;C 3).< in its Complaint, no evidence "as
presented that Coughlin ever violated the rule) (N$/(: great, noB is #CDC Cudge 6) @ardner going
to sanction Eing, Bhom, Ay the Bay, failed to conduct not Kust any discovery, Aut any LreasonaAle
investigationH despite having a duty to do so under *C+ "%4, "%., and +;C 3)&M' <ccordingly, the
;anel finds that the *tate Bar failed to meet its Aurden of proof on this issue as an evidentiary matter
Aut finds that as a matter of default the violation may Ae deemed admitted)
8(<+7N@ 2 -ol) 7, (;age #.3:"% to #.3:""' L9+) (C8(-(++7<: *o "e have not conducted this hearing as
a default hearing, in deference to you)H (;lease apply this to every such assertion hereafter')
T$)"#f)l'ess i' S"a"e8e'"s "% O"#e$s
(;;' +;C 4)" (a' states D7n the course of representing a client a laByer shall not 5noBingly: (a'
(m'a5e a false statement of material fact or laB to a third person)D
(FF' <lthough the evidence estaAlished that Coughlin 5noBingly made false statements to Court and
Counsel (*ee JJ (<<', (BB' and (CC] no evidence Bas presented that Coughlin 5noBingly made
false statements of material fact or laB to a third person) <ccordingly, the ;anel finds that the *tate
Bar failed to meet its Aurden of proof on this issue as an evidentiary matter Aut fmds that as a matter
of default the violation may Ae deemed admitted) (this is a nonsense argument, especially Bhere the
;anel and *BN pat themselves on the Aac5 for, allegedly, providing sufficient due process to
Coughlin!fulfilling *C+ "%.)))its one or the other)))Aut the ;anel doesn4t get to purport that Coughlin
defaulte Bhere it is also trumpeting the feats of due process it enaAled))))')
Res7e(" f%$ "#e Ri9#"s %f T#i$ Pe$s%'s
(++' +;C 4)4(a' states 4D7n representing a client, a laByer shall not use means that have no
suAstantial purpose other than to embarrass, delay, or burden a third person))) D (uh)))li5e 8ill4s
allegations of finding a Dcrac5 pipe and a Aag of BeedD or a Dvial of somethingD and Da large 3uantity
of pillsDM <ctually, even that Bould not fit s3uarely under the +;C 4)4(a' heading Aecuase Coughlin
Bas a LpartyH therein, not a Lthird personH)))and that same rationale applies to the landlord
9erliss)))and the ;anel fails to cite to anyAody else Bhom Bould 3ualify as a Lthird personH to Bhom
Coughlin has somehoB suAKected to a violation of +;C 4)4(a', and such Bould certainly not apply to
the +eno ;olice Department $fficer Chris Carter, Cr) and *argent 9arcia 6opeG Bhom assisted 8ill
and landlord 9erliss in AurglariGing Coughlin4s former home laB office that day Aased on a
0$0C$6$*( that, on it4s face, failed to contain the Lsummary order for removal of the tenant Bithin
#4 hours of receipt of the orderH language re3uired Ay N+* 4%)#.3(.'(a') +egardless, there Bas
never any valid loc5out done Ay the >C*$4s $ffice Bhere its only attempt to do so Bas done Bithout
complying Bith the re3uirement that the >C*$ 5noBs full Bell attaches to each and every summary
eviction in Nevada (that, at the very least, the sheriff posts the summary eviction loc5out order to the
tenant4s door and alloBs #4 Kudicial hours to pass prior to conducting such loc5out' ^, no matter
Bhich county such occurs in, not matter hoB codependent and sic5 a relationship the local Kudiciary
has Bith laB enforcement, no matter hoB little regard the Cudges of +eno and >ashoe County have
for the statutes the legislature passes in reducing the Bill of the people of Nevada to Alac5 letter laB')
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(**' /he record estaAlishes clearly and convincingly that in the 9erliss e&i("i%' action,
Coughlin (%')("ed himself in a manner that Bas abusive, ve'atious and for purposes of delay) /he
matter Bas a simple eviction action (apparently all evictions are LsimpleH in Nevada, huhM' that
apparently lasted through several proceedings at the 9unicipal Court level, an appeal to the District
Court and tBo appeals to the Nevada *upreme Court and Bhich also resulted in Coughlin4s
conviction for criminal "$es7ass) *upra "9 and #%
Coughlin4s (%')(" in the proceedings Bas so egregious that Cudge 0lanagan ordered
Coughlin to pay (N$/(: notice such is not referred to as a LsanctionH and does not specify Bhether
Coughlin the litigant or Coughlin acting as his oBn attorney Bas the capacity in Bhich such LorderH
Bas issued)))Aut regardless)))such is irrelevant Aeyond estaAlishing the defensive collateral estoppel
Aar to all the various +;C4s the *BN and ;anel 5eep trotting out Bith such LorderH in an attempt to
s5ip straight past even estaAlishing any such violation Ay Bay of meeting a Aurden of proof via the
introduction of actual evidence (rather than hearsay via an interested party dressed up as Le1pert
testimonyH' (8ill, Cudge Nash 8olmes, (lcano'' Dr) 9erliss I4#,%.).%, an amount that is still
unpaid) *upra #"
(//' /he record also estaAlishes that Coughlin #a<i")all: 7$%l%'9s 7$%(eei'9s
)''e(essa$il:= files le'9"#:, i$$ele&a'", '%'se'si(al 7leai'9s re#uiring court, staff and counsel
"% s7e' )''e(essa$: eff%$" i' e&al)a"i'9 a'@%$ $es7%'i'9 "% "#e 7leai'9s) *upra JJ 4, 7, &,
9, "%, "", ", #", #3, #., #7, 39 and 4% (N$/(: neither LcourtH, LstaffH, nor LcounselH are Lthird
partiesH to Bhich and analysis of +;C 4)4(a' floBs) >hose competency is Aeing 3uestioned, againM
Dis(i7li'a$: Ma""e$s
(::' +;C &)"(A' provides, in pertinent part, D ))) a laByer ))) in connection Bith a disciplinary
shall not: (A' ))) C'%!i'9l: fail "% $es7%' "% a la!f)l e8a' f%$ i'f%$8a"i%' f$%8 a'
a8issi%'s %$ is(i7li'a$: a)"#%$i":)))H
(--' /he record clearly and convincingly establishes that Coughlin $no"ingly failed to
respond to the %tate .ar's re#uest for information in the disciplinary proceeding and faile "%
"i8el: file a $e>)i$e &e$ifie $es7%'si&e a's!e$ %$ 7leai'9 "% "#e C%87lai'")
(>>' Fi$s", C%)9#li' asCe f%$ a' e0"e'si%' %f "i8e "% $es7%' "% "#e le""e$ %f Fe<$)a$:
/A, B6/B $e9a$i'9 "#e Ri(#a$ Hill C%87lai'" "#e' faile "% $es7%' a" all. *upra #9)
L#9) *tate Bar Counsel called Coughlin to testify at the hearing of the matter) Coughlin Bas
3uestioned Bith regard to a letter dated 0eAruary "4, #%"# from <ssistant Bar Counsel Eing to
Coughlin in "hich .ar Counsel for"arded to Coughlin correspondence received from
Richard I) 7ill) *ee /ranscript of 8earing >ednesday, NovemAer "4, #%"#, ; "3, 6 "3 2;
"4, 6 #3) *ee 8earing (1hiAit ) Coughlin4s response, dated 9arch 9, #%"#, as5ed for
additional time in Bhich to respond) *ee 8earing (1hiAit 7) N% e&ie'(e !as 7$ese'"e "#a"
C%)9#li' s)<s"a'"i&el: $es7%'e "% Ba$ C%)'sel;s le""e$ %f Fe<$)a$: /A, B6/B 7$i%$ "%
"#e fili'9 %f "#e C%87lai'" i' "#is 8a""e$. C%)9#li' faile "% i$e("l: $es7%' "% Ba$
C%)'sel;s >)es"i%'s i'>)i$i'9 if C%)9#li' e&e$ s)<se>)e'"l: $es7%'e "% Ba$ C%)'sel;s
le""e$ %f Fe<$)a$: /A, B6/B) *ee >ednesday, NovemAer "4, #%"#, ; "9, 6 "3 2; "7#, 6 ")H
8(<+7N@ 2 -ol) 7, (;ages "3:"3 to "4:#3' DB= 9+) Li'9F F 9r) Coughlin, 74m handing
you Bhat4s Aeen identified as (1hiAit No) ) >ould you please tell me if you received that
letter from meM < 7s this the letter in its entiretyM 9+) (C8(-(++7<: /he 3uestion is: Did
you receive that from 9r) EingM /8( >7/N(**: /his letter, he saidM 9+) (C8(-(++7<:
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7 don4t 5noB Bhat it is) <ll 7 5noB is it4s (1hiAit , and the 3uestion is, did you receive (1hiAit
from 9r) EingM /8( >7/N(**: No, that Basn4t the 3uestion) 8e said did you receive this
letter) <nd 7 need to 5noB 22 B= 9+) Li'9F F /he ne1t 3uestion may Ae aAout attachments)
But the 3uestion is: Did you get this letterM < 7 need to 5noB Bhat is entailed in the term Da
letter)D F /his document that 7 handed you) Did you receive this document either alone or as
part of a pac5ageM Did you receive this document Bates stamped %#9&3M < >ithout the
Bates stampM F 7 Aelieve it did not have the Bates stamp Bhen it Bas sent to you) < =es) 7
thin5 so) 74m not sure) 7 thin5 7 received something longer) 9ayAe that4s the attachments you4re
referring to) F *o is that a yesM < <ctually, 7 might have ultimately received this) But 7
recall there Aeing an issue) 7 Bas a victim of domestic violence during this time, and my mail
Bas Aeing 22 there Bas some issues Bith it) *o 7 thin5 ultimately 7 did receive this, 9r) Eing)
But mayAe this isn4t going to your 3uestion) =ou didn4t as5 me Bhen) *o yeah, 7 thin5 7
received this one)D
8(<+7N@ 2 -ol) 7, (;ages "9:"3 to "7#:"' LF M: >)es"i%' isF Di :%) se' a
s)<se>)e'" le""e$ %$ e07la'a"i%' "% "#e S"a"e Ba$M 7n other Bords, you4re as5ing for
additional time) Did you ever send 22 < >hat you do is evil, ;at) 9+) (C8(-(++7<:
9r) Coughlin) /8( >7/N(**: >hat you do is evil) 9+) (C8(-(++7<: 9r) Coughlin,
7 have cautioned you aAout interrupting on numerous occasions) But apparently a pattern of
Aehavior has Aeen the suAKect of at least three court orders that Be have seen so far) <nd 7
Bould as5 you to, in your Aest interests, to attempt to resist yourself, alloB the 3uestion to
Ae completed, and then ma5e Bhatever oAKection you Bish) /he 3uestion directly to you,
and if it4s not direct enough, let me as5 it) Di :%) e&e$ s7e(ifi(all: $es7%' "% "#e le""e$
%f Fe<$)a$: /A"#, B6/B, E0#i<i" 2G THE WITNESSF I $es7%'e "% i") *pecifically)
74m not sure e1actly Bhat that means) 7 Aelieve 7 cooperated Bith Bar counsel) 7 don4t have
a thousand pages of stuff) (N$/(: the transcript contains an error there in that Couglin
actually said: L7 5noB 7 provided the Bar thousands of pages of stuff and)))videos, audios
transcripts, etc)H) /his is confirmed Ay Eing4s oBn admission in the transcript and only
further underscores the e1tent to Bhich (cheverria (%')("ed the hearing li5e a total
fraudster Bor5ing overtime to get over his agenda') 3ie%s. A)i%) 9+) (C8(-(++7<:
/he 3uestion is: $n 0eAruary "4th you Bere sent suAstantial, apparently, correspondence
from +ichard 8ill alleging professional mis(%')(") =ou Bere as5ed to ma5e a specific
response Bithin ten days) 7t appears that you did not do so, unless you have some evidence
to the contrary 22 /8( >7/N(**: 7 didn4t get this letter) 9+) (C8(-(++7<: 74m sorry) 7
continue to tal5 Bhile you4re trying to interrupt) 9y 3uestion is: Did you ever respond
specifically, 7$i%$ "% "#e i's"i")"i%' %f "#e (%87lai'", to 9r) 8ill4s comments and
reporting to the *tate BarM Did you ever address those issues raised Ay 9r) 8ill prior to the
filing of the complaintM /8( >7/N(**: ,aybe it "ould help if + had the ,r) 7ill
attachment) + believe + did) 9+) (C8(-(++7<: >hen did you do thatM /8( >7/N(**:
(here's a multitude of instances "here + "rote or responded or communicated "ith ,r)
-ing) ((1hiAit & mar5ed)' 9+) (C8(-(++7<: >hen Bas the first timeM /8(
>7/N(**: >ell, proAaAly this time in as5ing for more time, Aecause 7 didn4t get this letter
very soon after it Bas sent) 7 rented a room off Craigslist) <nd there Bas some ill Bill that
Auilt up, the people 7 rented it from) <nd 7 didn4t get this letter 22 Aasically 7 thin5 7 got it
this day, and 7 threB this together) 7 Bas oAviously very upset to see that the *tate Bar had
Banted to hear from me, and given me ten days) 7 thin5, oAviously, it had already passed Ay
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this point) *o right Bhen 7 got that letter 22 and 7 thin5 if 7 had Aeen '%"i(ed on this, 7 Bould
have given you the envelope that shoBs that there Bas some 22 li5e the post office Bouldn4t
let me 22 7 forget e1actly Bhat happened) But 7 thin5 7 gave ;at this stuff 22 9+) Li'9F
>ith the chair4s permission, 74ll move on) /8( >7/N(**: 22 legitimate reasons Bhy 7
didn4t get this that evince a lac5 of culpaAility on my part) But that4s consistent Bith Bhat
;at does) 8e puts on stuff he 5noBs is Aaseless) 9+) (C8(-(++7<: (1cuse me, 9r)
Eing) 9r) Coughlin, 7 don4t Aelieve you ansBered the 3uestion) 7t Bas a direct 3uestion)
>hen did you first respond suAstantively to 9r) 8ill4s complaintsM 7 have not heard an
ansBer) /he response 22 /8( >7/N(**: =eah) 9+) (C8(-(++7<: (1cuse me) =our
response is argumentative) 9r) Eing, go ahead Bith your ne1t 3uestion) 9+) Li'9F /han5
you) /8( >7/N(**: 7 can ansBer it) 9+) (C8(-(++7<: 9r) Coughlin, there4s not a
3uestion pending) /8( >7/N(**: But it sounded li5e you said 7 didn4t ansBer the last
3uestion) 9+) (C8(-(++7<: /hat Bas my oAservation)H
(ZZ' *econd, Coughlin failed to respond to a suAse3uent letter from the *tate Bar regarding
the Complaint filed Bith the Bar Ay Cudge Nash 8olmes) *upra J 3%
(==' /hird, Coughlin ignored *C+ "%.(#' Bhen he failed to timely file a verified response or
ansBer to the Complaint, despite several Barnings to do so) *upra JJ 34, 3., 3, 37, 3& Coughlin
compounded this violation Bhen he attempted, during the course of the hearing in this matter, to
transform a pleading previously filed in +eno 9unicipal Court into a DNeB -erified +esponse (sic'
;re28earing 9otion to Dismiss!*ummary Cudgment, 9emorandum of 6aB Ay crossing out the
original caption and handBriting the DneBD caption) *upra J 3&)
Coughlin also attempted, during the hearing, to transform a pleading he had filed the day
Aefore the hearing entitled D(mergency (1 ;arte 9otion to Dismiss ))) D Ay handBriting the Bords
DDeclaration and -erified +esponse ))) D onto the caption of the pleading) *upra 3&
(ZZ' /he (%')(" descriAed herein not only demonstrates a lac5 of cooperation Bith the *tate
Bar, Aut a lac5 of competency as Bell)
J)i(ial a' Le9al Offi(ials
(<<<' +;C &)#(a' states D< laByer shall not ma5e a statement that the laByer 5noBs to Ae
false or Bith rec5less disregard as to its truth or falsity concerning the 3ualifications or integrity of a
Kudge, adKudicatory officer or puAlic legal officer) ))
(BBB' During the course of the hearing, Coughlin accused Cudge Nash 8olmes of lying
during her testimony) Coughlin has e1pressed similar vieBs concerning Cudge Nash 8olmes in
various pleadings filed in this proceeding as Bell as others) Coughlin has also uttered other
derogatory remar5s aAout various Kudges Bith Bhom he has interacted)
(CCC' /he *tate Bar presented scant evidence on this issue and no evidence from Bhich the
panel could conclude that the e1pressions Bere 5noBingly false as opposed to an e1pression of
opinion) >hile the (%')(" displayed is, in the vieB of the ;anel reprehensiAle, the ;anel concludes
that the *tate Bar failed to meet its Aurden of proof on the issue as an evidentiary matter Aut finds that
as a matter of default the violation may Ae deemed admitted)
Mis(%')("
(DDD' RPC B)? provides (in pertinent parts':
7t is professional mis conduct for a la*yer to :
(a' -iolate or attempt to violate the +ules of ;rofessional (%')(")))
(A' C%88i" a criminal act "#a" reflects adversely %' "#e la!:e$;s honesty,
trust"orthiness or fitness as a la"yer i' %"#e$ $es7e("s?
(c' (ngage in (%')(" involving dishonesty, fraud, deceit or misrepresentation?
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(d' (ngage in (%')(" that is preKudicial to the administration of Kustice)
((((' /he ;leadings, 8earing (1hiAits and /ranscript of these proceedings overBhelmingly, clearly and
convincingly estaAlish a repeated, unrelenting and oAstinate pattern %f 8is(%')(" <: Res7%'e'" C%)9#li' e&i'(i'9
numerous and repeated violations %f several 7$%&isi%'s %f RPC 4.A (N$/(: this conclusion lac5s any specificity
Bhatsoever' in violation of +;C &)4(a') (*o, Bould that not Ae something not '%"i(ed or plead in the Complaint, and
therefore, only appropriate in some future disciplinary hearing, if anyM $therBise, is that not transmogrifying Bhat is
re3uired to Ae a plenary hearing into one of a summary natureM')
(000' Coughlin Bas convicted of petit larceny on NovemAer 3%, #%"", a violation of #PC 4.?6b8) *uch violation
is sufficient alone to trigger application of *C+ """) /he Nevada *upreme Court referred the matter to the appropriate
disciplinary panel for a determination of the e1tent of punishment that should folloB from the conviction) *upra para) .
(N$/(: the :*;/$ has indicated that it does not vieB Coughlin4s petty larceny conviction, given the totality of
the circumstances therein, to Ae a LseriousH crime) 0urther, certainly not every conviction for petty larceny is violative of
+;C &)4) 0or instance, if one stole a loaf of Aread from a isolated small toBn grocery to see that a small child avoided
dying of starvation Bhere e1igent circumstances re3uired doing so, Bould that really Ae an Lcriminal act that reflects
adversely on the laByer4s honesty, )))H etc)M'
(@@@' /he record also estaAlishes that Coughlin Bas convicted of criminal trespass in the prolonged e&i("i%'
proceedings involving Dr) 9erliss, a violation of RPC B)?<b>) *upra #%)
(N$/(: Eing4s *C+ """(4' ;etition in "9%" provides a defensive collateral estoppel Aar or
party opponent admission that the duAious criminal trespass conviction reported therein somehoB
supports an attempt to permanently disAar Coughlin in #337: L3) <s evidenced Ay the
documentation suAmitted herein, +espondent #as <ee' (%'&i("e %f a ($i8e !#i(# "$i99e$s "#e
$e7%$"i'9 $e>)i$e8e'"s %f Ba$ C%)'sel )'e$ SCR ///*A,H) 0urther, Eing4s failure to file any
such *C+ """ ;etition (Bhether one under (4' or ('' for the alleged LcrimesH the "#!"4!"# 0$0C$6
characteriGes the Lcriminal contemptH convictions to Ae provides a further defensive collateral
estoppel Aar)
<s evidenced Ay the documentation suAmitted herein, +espondent has Aeen convicted
of a crime Bhich triggered the reporting re3uirements of Bar Counsel under *C+ """(4') 7n
addition, """(7' and'(&', state that upon receipt of a petition demonstrating that an attorney
has Aeen convicted of a serious crime, the Court shall enter an order suspending the attorney,
pending the final disposition of a disciplinary proceeding, in Bhich the sole issue to Ae
determined shall Ae the e1tent of the discipline to Ae imposed)
7ndeed, compare the language Eing used in his *C+ """(4' ;etition in "9%" for the
criminal trespass conviction Bith that he employe in %&3& in the petty larceny conviction:
L<s evidenced Ay the documentation suAmitted herein, 9r) Coughlin has Aeen convicted of a
misdemeanor crime under the Nevada +evised *tatutes) H%!e&e$, "#a" (%'&i("i%' !as f%$
+"#ef".+ /he f%ll%!i'9 la'9)a9e, as se" f%$"# i' SCR ///*2,, i("a"es "#a" Res7%'e'";s
($i8e (%'s"i")"es a se$i%)s ($i8e:
Definition of Dserious crime)D /he term Dserious crimeD means ("' a felony and (#' any
crime less than a felony a necessary element of Bhich is, as determined Ay the statutory or
common2laB definition of the crime, improper conduct as an attorney, interference Bith the
administration of Kustice, false sBearing, misrepresentation, fraud, Billful failure to file an
income ta1 return, deceit, AriAery, e1tortion, misappropriation, theft, or an attempt or a
conspiracy or solicitation of another to commit a Dserious crime)D Q(mphasis added)R
CONCLUSION WHEREFORE, Ba$ C%)'sel $es7e("f)ll: <$i'9s "#is 8a""e$ "%
"#e C%)$";s a""e'"i%' a' re#uests that the Court enter an *rder temporarily suspending
Respondent f$%8 "#e 7$a("i(e %f la! and referring this matter to the 3orthern 3evada
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Disciplinary .oard for further disciplinary proceedings, i' a((%$a'(e !i"# SCR ///*-,
a' *4,) H
8(<+7N@ 2 -ol) 7, (;age 3#7:# to 3#7:' (Coughlin': L>ell, it could consider the
trespass thing certain, rightM B)" Ba$ (%)'sel file a' SCR ///.A 7e"i"i%' $e(e'"l:. W#a"
%es "#a" 8ea'G I" 8ea's Ba$ (%)'sel "#e8sel&es a8i" "#a" "#a" !as '%" a se$i%)s
($i8e, a se$i%)s %ffe'se as el)(ia"e )'e$ SCR ///.2H <s such, the ;anel clearly erred
Bhere it concluded that the criminal trespass conviction in "9%" is a violation of +;C &)4(A',
as the decision not to Aring a *C+ """(' ;etition Ay Aar counsel and the decision not to ta5e
any of the steps set out in *C+ """(7'2(9' Ay the Nevada *upreme Court estaAlishes that such
criminal conviction is one for Bhich there is not La necessary element)))as determined Ay the
statutory or common2laB definition of the crime,H that involves Limproper conduct as an
attorney, interference "ith the administration of justice, false s"earing, misrepresentation,
fraud, "illful failure to file an income ta' return, deceit, bribery, e'tortion,
misappropriation, theft, or an attempt or a conspiracy or solicitation of another to commit
a 4serious crime)H <s such, the ;anel is Aarred from concluding that such criminal trespass
conviction is, in any Bay, and instance Bhere Coughlin could Ae said to L(A' C%88i" a
criminal act "#a" reflects adversely %' "#e la!:e$;s honesty, trust"orthiness or fitness as a la"yer
i' %"#e$ $es7e("sJ.'
(888' /he Complaint in this matter alleges that Coughlin has Aeen arrested and is aBaiting
trial on a larceny charge involving a cell phone and on a charge of aAusing 9"" emergency
procedures) 8oBever, no evidence Bas presented on these charges but as a matter of default the
allegations may be deemed admitted and Bould constitute additional violations of +;C &)4(A')
(CCC' /he record, as descriAed at length aAove, estaAlishes several violations of +;C &)4(c')
*ee JJ (<<', (BB', (CC', (<<<', (BBB' and (CCC')
(EEE' (he entire record in this matter is replete "ith instances demonstrating that
Coughlin's conduct is prejudicial to the administration of justice) (N$/(: here (cheverria is Kust
not content to have gutted every Ait of due process re3uired of this hearing, and instead Bants to glom
on some summary disciplinary order on top of all his crimes against Kurisprudence' Coughlin has
Aeen repeatedly sanctioned monetarily and Ay Bay of incarceration for his (%')(", has repeatedly
filed lengthy, irrelevant and nonsensical pleadings re3uiring staffs, courts and counsel to e1pend
needless and unnecessary time in responding to such pleadings, has repeatedly is$)7"ed proceedings
and failed to folloB instructions and admonitions of the courts) /he record estaAlishes that the pattern
of (%')(" continues despite the severe sanctions administered and continues up to and during the
disciplinary process and hearing of this matter)
(N$/(: the instances that ;anel finds support such conclusions are plainly not sanctions
(08(# never Bas a sanction, 08(3 Bas superseded Ay the 0inal Decree, Bhich e1cised and
superseded such sanction and ultimately aBarded the very alimony 08(3 purported Coughlin to have
litigated ve1atiously for see5ing for his client':
B) <mendment and Correction 3) ;rocedure and +elief /opic *ummary +eferences Correlation
/aAle s 3&&) $peration and effect, in general >est4s Eey NumAer Digest >est4s Eey NumAer Digest,
Cudgment 5 33% >est4s Eey NumAer Digest, Cudgment 5 33" @enerally, an amendment or
correction of a Kudgment gives the Kudgment the same effect as though the defects necessitating the
amendment had never e1isted) *ince the amendment of a Kudgment is merely perfected evidence of
Bhat e1isted from the time the Kudgment Bas pronounced,Q"R as AetBeen the parties, the amendment
or correction relates Aac5 to the original Kudgment and Aecomes a part of it, and gives the Kudgment
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the same effect as though the defects or mista5es had never e1isted)Q#R 8oBever, it usually does not
ma5e a neB Kudgment or confer any neB or additional rights,Q3R although any suAstantive
modification of a Kudgment constitutes an opening of the Kudgment,Q4R and a change materially
affecting a Kudgment and the rights of the parties against Bhom it is rendered and involving the
e1ercise of Kudicial discretion does amount to a neB Kudgment)Q.R @enerally, an amendment leaves
the original Kudgment effective and unimpaired)Q R >here the court stri5es part of a Kudgment, the
remaining portion stands, so that the court need not enter a neB Kudgment Bith the stric5en part
omitted)Q7R <n order amending a clerical error in a Kudgment does not supersede the Kudgment or
incorporate it into the order, and the cler54s act in correcting the Kudgment pursuant to that order is
ministerial and does not affect the materiality or finality of the Kudgment or order)Q&R <n amendment
or correction of a Kudgment is Ainding on those parties Bho Bere afforded an opportunity to Ae heard,
Q9R Aut an amendment or modification changing the rights of the parties fi1ed Ay a former Kudgment is
not Ainding on a party in interest Bho Bas not afforded such an opportunity)Q"%R C:9:6</7-(
*:;;6(9(N/ Cases: <ny change in a Kudgment made during the trial court4s plenary poBer is
treated as a modified or reformed Kudgment that implicitly vacates and supersedes the prior Kudgment,
unless the record indicates a contrary intent) *6/ Dealer @roup, 6td) v) <meriCredit 0inancial
*ervices, 7nc), 33 *)>)3d &## (/e1) <pp) 8ouston "st Dist) #%""') Q(ND $0 *:;;6(9(N/R
22222222222222222222222222222222222222222222222222222222222222222222222222222222 Q0N"R $5la)2@aines v) @aines,
"944 $E "4#, "94 $5la) 343, "." ;)#d 393 ("944') Q0N#R <r5)2/)C) 9oss /ie Co) v) 9iller, "9 <r5)
.7, #7 *)>) .& ("9#.') Conn)2Co1e v) Co1e, # Conn) <pp) .43, 4&" <)#d & ("9&4') 7ll)20irst
Ban5 of $a5 ;ar5 v) +eGe5, "79 7ll) <pp) 3d 9., "#& 7ll) Dec) &%, .3. N)()#d #% ("st Dist) "9&9')
$5la)2@aines v) @aines, "944 $E "4#, "94 $5la) 343, "." ;)#d 393 ("944') <s to amendments nunc
pro tunc, see s 3&9) Q0N3R Cal)29cConville v) *uperior Court Bithin and for 6os <ngeles County, 7&
Cal) <pp) #%3, #4& ;) ..3 (#d Dist) "9#') $5la)29ason v) *lonec5er, "9#3 $E 9., 9# $5la) ##7,
#"9 ;) 3.7 ("9#3') Q0N4R Conn)2Commissioner of /ransp) v) +oc5y 9ountain, 66C, #77 Conn) 9,
&94 <)#d #.9 (#%%') <s to the effect of opening a Kudgment, see s 47%) Q0N.R Cal)29cConville v)
*uperior Court Bithin and for 6os <ngeles County, 7& Cal) <pp) #%3, #4& ;) ..3 (#d Dist) "9#')
Q0NR Cal)29cConville v) *uperior Court Bithin and for 6os <ngeles County, 7& Cal) <pp) #%3, #4&
;) ..3 (#d Dist) "9#') Q0N7R 7nd)2(lliott v) @ardner, ""3 7nd) <pp) 47, 4 N)()#d 7%# ("943') Q0N&R
Cal)29cConville v) *uperior Court Bithin and for 6os <ngeles County, 7& Cal) <pp) #%3, #4& ;) ..3
(#d Dist) "9#') Q0N9R 7oBa2*ame5 v) /aylor, #%3 7oBa "%4, #"3 N)>) &%" ("9#7') ;a)2<ltoona
/rust Co) v) 0oc5ler, 3"" ;a) 4#, ". <) 74% ("933') Q0N"%R N)=)2(mmet v) +unyon, "39 <)D) 3"%,
"#3 N)=)*) "%# (#d Dep4t "9"%') >estlaB) (c' #%"3 /homson +euters) No Claim to $rig) :)*) @ovt)
>or5s) CC* C:D@9(N/* s 3&&
Consent Kudgment may supersede pleadings 7ll)2City of 9arseilles v) +ad5e, #&7 7ll) <pp) 3d
7.7, ##3 7ll) Dec) "&", 79 N)()#d "#. (3d Dist) "997')
7n fact, Cohn *pringgate, (s3), agreed to a Consent Decree in the '
(N$/(: tellingly, the ;anel fails to identify either contempt order as a Lcriminal convictionH
in this +;C &)4(A' conte1t, Bhich is counter the characteriGations of such the ;anel ma5es elseBhere)
@iven this admission Ay the ;anel that such contempts orders are not LconvictionsH of LcrimesH, the
*C+ """(.' approach falls apart, and the *BN is stuc5 Bith meeting a clear and convincing evidence
Aurden of proof that it completely failed to even attempt to meet) <t this point, the *BN proAaAly
Bishes the transcripts and or audio recordings it has sought so desperately to e1clude (Bhere
Coughlin fully Banted to pic5 them apart, conduct much more e1tension cross2e1aminations of
everyone involved, and all those Bhom he suApoenaed, and fully e1pose their systemic, fraudulent,
reprehensiAle misconduct (particularly that of the City of +eno 9arshals', Cudge 8oBard, Cudge
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Nash 8olmes, Cudge >) @ardner, etc), etc) /he +CC and #CDC decided not to Koin the party Eing
threB, and for good reason) /he +9C either Bas not smart enough to do that, or had to deal Bith the
rash, imprudent, acts of Kudicial conduct that it had already committed to record (%&3& (aAuse of the
contempt poBer, misconduct in Billfully violating Canon " +ule ")" in failing to aAide Ay the
7ndigent Defense $rder', "9%" (failure to recuse Bhere either per se re3uired, or overBhelmingly
indicated, violations of N+* "7&)4%., ridiculously Aiased approach throughout the case (not right to
confront the arresting officer even', the +9C4s 6isa @ardner trashing the timely notice of appeal
Coughlin filed on !#&!"#, and, li5e in the case resulting in %&3&, the +9C Billingly and
5noBningly countenance a multitude of instances of misconduct Ay City of +eno prosecutors and the
contract Aased court appointed defense counsel the +9C or City of +eno employs', and Cudge Nash
8olmes4 hysterical offensive, etc)
8(<+7N@ 2 -ol) 7, (;age "3%:4 to "3%:#.' ((1hiAit 4 mar5ed)' B= 9+) Li'9F F 74m
holding in my hand an order that Bas signed Ay you dated the #&th of 0eAruary, #%"#, in the matter of
"" /+, Bhich 7 assume stands for traffic, #&%% #") <nd it4s an order finding the defendant in
contempt of court and imposing sanctions) Do you recall e1ecuting such an orderM < =es, 7 did) 7
Brote it myself, and 7 signed it, and 7 found him in contempt, in direct contempt during the
proceeding, and right after that did the order) F 74m reading from ;age 3 of your order, Bhich is the
final page that has your signature on it Aefore the service, certificate of service) But in that final
paragraph it says, D/he court finds that the defendant4s actions Bere intentional and done in utter
disregard and contempt for the court, and in the presence of the court, for purposes of disrupting and
delaying the proceedings and dishonoring the rule of laB and this court, and constitute the
misdemeanor of criminal contempt, a violation of N+* ##)%"%) @ood cause appearing therefore, the
folloBing sanctions are imposed)D 8(<+7N@ 2 -ol) 7, (;age "47:"# to "47:#"' F 7s it proper for
you to call something summary criminal contempt Bhen you cite to a civil contempt statuteM < 7
don4t 5noB Bhat is proper in your Aoo5, 9r) Coughlin) 7 5noB that the Aehavior that 7 saB, 7 5noB
that 7 held you in contempt, 7 held a precise 22 you committed direct contempt in front of me in my
court 22 F Criminal contempt or civil contemptM < 22 7 held you in contempt on the spot, and then 7
Bent and Brote the order)
8(<+7N@ 2 -ol) 7, (;ages "4&:& to ".":"' B= 9+) C$:@867N: F Cudge, did your order
characteriGe it as misdemeanor criminal contemptM < 7 do not have my order in front of me, so you
can consult my order) 7 Aelieve it Bas misdemeanor contempt) 7 Aelieve it Bas criminal, direct
criminal contempt) 9+) C$:@867N: 74ll note on ;age 3 at line "4 it says, 9isdemeanor of criminal
contempt, a violation of N+* ##)%"%) 9+) (C8(-(++7<: >hich order are you referring to, 9r)
CoughlinM 9+) C$:@867N: 0eAruary #&th order) ;age 3, line "4) 9+) Li'9F 7 thin5 it4s (1hiAit
No) 4) 9+) (C8(-(++7<: $5ay) B= 9+) C$:@867N: F Cudge, is N+* ##)%"% a civil
contempt statuteM 9+) Li'9F $AKection) /8( >7/N(**: 9r) Coughlin, you can consult the
statutes) 7 don4t have my Aoo5s right in front of me) N+* identifies in Chapter ## contempt) <nd the
+eno 9unicipal Code has sections relating that or incorporating those sections into the +eno
9unicipal Code) (ither Bay, Bhat you did in front of me Bas direct contempt, and 7 held you in
direct contempt, and you Bent to Kail for five days Aecause of it) B= 9+) C$:@867N: F 7s it
permissiAle for a Kudge to call a civil contempt statute a criminal contempt statute, vis2a2vis 22 this is
##)%"%, a civil contempt statute) <nd the laB in Nevada does have N+* "99 22 7 Aelieve it4s #4% 22
Bhich is the criminal contempt statute) 7s it permissiAle for you to cite to a 22 easier to meet civil
contempt statute, and then recharacteriGe it as criminal contemptM 9+) Li'9F $AKection) /8(
>7/N(**: 9r) Coughlin, 74m not going to argue the laB Bith you) =ou have the statutes there) =ou
can consult them yourself) B= 9+) C$:@867N: F $n ;age 3 at line 4, suA )9 22 9+)
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(C8(-(++7<: >hich e1hiAit, sirM 9+) C$:@867N: (1hiAit 4, your 8onor) B= 9+)
C$:@867N: F =ou Brote, defendant lying to the court in response to direct 3uestions posed Ay the
court) >hat Bere the lies in your vague order that lac5s any specificity to support a summary
contempt finding, Bhat Bere those lies that you failed to elucidate in your orderM 9+)
(C8(-(++7<: 9r) Coughlin, that 3uestion is argumentative) Do you Bant to rephrase itM 9+)
C$:@867N: *ure) B= 9+) C$:@867N: F >hat Bere you referring to Bhen you Brote,
DDefendant lying to the court in response to direct 3uestionsDM < >ell, it Bould Ae e1plained in the
order there) 7 don4t rememAer everything at this time Aecause 7 don4t have it in front of me) But 7 do
Aelieve that you lied aAout or misrepresented that you Bere not recording, Aecause 7 Aelieve you
proAaAly Bere) 7 don4t 5noB) 7 Aelieve you proAaAly Bere) <t the same time there Bere things that
you and the prosecutor Bere arguing aAout Bith regard to discovery) <nd she disagreed Bith you and
said you Bere lying to her aAout that) <nd there Bere other items that you Bent Aac5 and forth aAout
that appeared to me that you Bere not totally honest aAout))))D
8(<+7N@ 2 -ol) 7, (;ages ".":7 to ".3:".' B= 9+) C$:@867N: F >hen you say,
alternately you Bere proAaAly lying) <nd then you put in your order, D7 find Ay clear and convincing
evidence that he lied,D is that amAiguous thereM 8oB do you reconcile thatM < 8oB do 7 reconcile
BhatM F /he fact that your order says you find Ay clear and convincing evidenceM < Because that4s
Bhat 7 Brote) 7 did find Ay clear and convincing evidence) 7 found Ay aAsolutely convincing evidence
that you Bere Aehaving improperly in court, as you are noB, apparently) F =ou4re saying you found
Ay clear and convincing evidence that a licensed attorney lied to the court) <nd then you characteriGe
that as proAaAly, Bell, 7 5ind of thin5 he Bas) 7 thin5 he Bas, Aecause 7 5noB some unattriAuted
hearsay that 74m going to Aase it on) 74m going to get the order 7 thin5 is Brong aAout the Aathroom
Area5) 74m not going to have a marshal sign an affidavit) /hen 74m going to remi1 a criminal contempt
statute Bith a summary contempt statute and pic5 and choose and ma5e it as retaliatory as 7 possiAly
can) 7sn4t that a fair characteriGation of your approach as a KudgeM 9+) (C8(-(++7<: Cudge, you
don4t need to ansBer that 3uestion) /hat Bas Bay out of line, and e1tremely argumentative) /8(
>7/N(**: /han5 you) 9+) (C8(-(++7<: Do you Bant to as5 a legitimate 3uestion, 9r)
CoughlinM B= 9+) C$:@867N: F >hat Aasis do you have to assert in your order that defendant
lying to the court in response to direct 3uestions posed Ay the court Bith regard to his recording the
proceedingsM < /he opinion is self2e1planatory) 7 do not have it in front of me, 9r) Coughlin) =ou
have access to the tapes and the opinion) <nd 7 stand Ay Bhat 7 Brote, and 7 stand Ay the proceedings
that day) F But it4s 5ind of hard to pic5 inconsistencies in your testimony today and those materials
Bhen you refuse to testify noB, isn4t itM 9+) (C8(-(++7<: <rgumentative, 9r) Coughlin) =ou are
not assisting yourself here) 9+) C$:@867N: 74m as5ing her) 7t4s a 3uestion) 9+) (C8(-(++7<:
No) 9+) C$:@867N: 7s that not true that she is suAverting the legal process Ay refusing to testify
instead of saying, Bell, read the order and read 22 listen to the recording, and therefore she is not
suAKecting herself to putting forth any further inconsistencies) 9+) (C8(-(++7<: 9r) Coughlin,
the time for argument is later, not noB) 9+) C$:@867N: $5ay) *o 74m oAKecting) 7t4s
nonresponsive) B= 9+) C$:@867N: F >hat Bas your Aasis 22 9+) (C8(-(++7<: /hat
oAKection is overruled)D
N$/(: Cudge Nash 8olmes4 assertion that she Lright after thatH (summarily finding Coughlin
in contempt at 4:%% pm on #!#7!"#' Ldid the orderH is not 3uite accurate, is it, Bhere 08( 4 is file
stamped #!#&!"#, Bith 3:47 p)m) 7ndicated as the time of filing) 8ouston and the Aody of summary
contempt Kurisprudence place a high Aurden on entering such orders nearly immediately after
summarily incarcerating one (ie, Cudge Nash 8olmes does not get tBenty four hours to have her
9arshals go doBn to the >ashoe County Cail and pull some strings and get Coughlin4s personal
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property (the smart phone and micro sd card of a practicing attorney, and his cell phone' released to
them (Bhich Aoth the +9C and >C*$ have since lied aAout in attempting to cover such up, Aut,
darn it, Deputy 8odge told the truth to Coughlin on 3!"9!"#, and people are Kust going to have to deal
Bith that, and someone needs to e1plain the erasing of all the data on those items prior to their Aeing
returned to Coughlin (causing massive damages to Coughlin4s life and practice', and the e1tent to
Bhich such Aeing done has preKudiced Coughlin4s aAility to defend himself (can4t e1actly offer into
evidence the micro sd card or smart phone to prove that Coughlin did not, in any Bay, lie to Cudge
Nash 8olmes in response to her enormously inappropriate sua sponte interrogation of him
immediately after the one restroom Area5 on that trial date, and, contrary to (cheverria4s fraudulent
attempts to find that Coughlin failed to deny such accusations, Coughlin most certainly did, in fact,
he has denied each and every accusation made in Eing4s piffle ridden Complaint)
/he fact that (cheverria and the *BN have clumsily sought to ma5e disappear the filings
Coughlin suAmitted on "%!3"!"#, ""!9!"#', "!3!"3, "!"7!"3, and others only further underscores the
e1tent to Bhich all involved, e1cept for Coughlin, in this disciplinary matter are enormously immoral,
corrupt, and, in many Bays, rather inept) 6aughaAle is Beasel Clar5 -ellis tal5ing himself out of his
guity conscience stemming from Aeing such a Billing participant in the gang Aang Eing and
(cheverria put on on ""!"4!"#, Bhere he oAviously relies on some attenuated and vague conception
that a Ausy Nevada *upreme Court Bill catch anything important that he might have missed in the
filings included in that Bhich Bould Ae transmitted Bith the +$< (Bhere Eent missed such Aecause
he admitted not to loo5ing at things, and not caring to, then he and Eing got caught lying aAout
Bhether the *BN had provided copies to each ;anel memAer of the discs Coughlin attached as
e1hiAits to his various filings, and -ellis, laughaAly, sBalloBs doBn Eing4s nonsensical e1planation
of Kust Bhat Bill Ae included in the +$<, and Kust hoB such determination are come to'
T#e E0"e'" %f "#e "% <e i87%se 7)$s)a'" "% SCR /// As a Res)l" %f C%'&i("i%' %f "#e
+Se$i%)s+ C$i8e %f Pe"i" La$(e':.
(666' /he matter of the referral from the *upreme Court Bas considered in conKunction Bith
the allegations in the Complaint filed Ay the *tate Bar) >hile the conviction at issue in the *upreme
Court $rder of Cune 7, #%"# may not alone Barrant the discipline recommended in this ;anel4s
recommendations, ta5en as a Bhole and in conKunction Bith the numerous and repeated other
violations of the +ules of ;rofessional (%')(", Barrant, in this ;anel4s vieB, the discipline
recommended herein)
(N$/(: actually, not one second of the eight hour plus hearing Bas at all devoted to that
Bhich the !7!"# $rder in %&3& ordered in referring the matter to a disciplinary panel) Eing put on
not one shred of evidence, or argument even, respecting the Lnature and e1tent of the punishmentH
appropriate for such conviction) 0urther, ;anel Chair (cheverria continually oAstructed Coughlin4s
right, under *C+ "#3 and 6auA, etc) to compare his case to others (li5e the very same *tephen +)
8arris, (s3), that Cudge Beesley testified so gloBingly aAout during 9r) 8arris disciplinary hearing
(Bhich Bas given more time (and @rundy got to file a .4 page Arief therein' despite 9r) 8arris only
Aeing charge Bith tBo +;C violations, ones to Bhich he admitted to, even, plus, 9r) 8arris Bas
provided Bith the L3% days Britten noticeH Ay the ;anel, after the ;anel Bas chose, rather than, as
occurred in this matter, the *BN4s Eing slapping together a notice and a laughaAly s5int DoB*o(,
then having 6aura ;eters lie in her Certificate of 9ailing respecting Bhen it Bas mailed, then hold a
formal disciplinary hearing si1 Kudicial days after the $rder appointing the ;anel Bas even
constructively noticed to Coughlin (especially hard to address those matters *BN ;resident 0laherty
spo5e to in his #!#.!"3! ;etition in <DE/ %4&# or get a *C+ "%3(', etc) conference or addres *C+
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""%(4' issues Bhere NNDB *usich refuses to communicate Bith Coughlin in any manner, as Bas also
the case Bith (cheverria, on top of the *BN providing all the misdirection and lies it could muster)
0urther, Ay L5itchen sin5H2ing it, here, the ;anel fails to do that Bhich the Court ordered it to
do, Bhere it does not specify the Lnature and e1tentH of the punishment for the conviction in %&3&,
Aut rather lumps everything together in a ridiculously overBrought, and, fran5ly, enormously
fraudulent LrecommendationH')
DECISION AND RECOMMENDATION
7n assessing the fonn of discipline to recommend, the ;anel has accounted for a numAer of
aggravating and mitigating factors that must Ae considered) /he ;anel finds that the *tate Bar has
shoBn Ay clear and convincing evidence the presence of at least eight of the eleven aggravating
circumstances to Ae considered in accordance Bith the provisions of *C+ "%#).("')
0irst, Bhile there have Aeen no fonnal prior disciplinary proceedings Ay the *tate Bar, the
record estaAlishes that Coughlin has Aeen disciplined Ay Bay of sanctions on at least four prior
occasions)
*econd, the record reflects, at least Bith respect to the 9erliss matter and the tBo criminal
trials, that the pattern of (%')(" Bas for selfish reasons: to preserve an unlaBful tenancy and to
delay and prolong criminal convictions)
/hird, the record clearly and convincingly estaAlishes that the pattern of misconduct is
consistent *NOTEF too Aad Eing failed to '%"i(e plead pattern on continuing mis(%')(" in his
Complaint' and includes, Bithout limitation: the is$)7"ion of the proceedings? the refusal to heed
the directions and admonitions of the court? the inKection of irrelevant material and matters? the filing
of lengthy, irrelevant and nonsensical pleadings? the Billingness to lie to court and counsel and the
inaAility to understand and folloB the rules of evidence and procedure)
0ourth, the record clearly and convincingly estaAlishes that Coughlin has committed multiple
violations of the +ules of ;rofessional (%')(", as more fully discussed aAove)
0ifth, the record clearly and convincingly estaAlishes that Coughlin engaged in a Aad faith
oAstruction of the disciplinary process Ay failing to file the pleading re3uired Ay *C+ "%.(#' and
instead filing several lengthy, irrelevant and nonsensical pleadings, mostly pleadings filed in other
matters, and refiled in the disciplinary action under a similar Aut different caption) 7n some instances,
Coughlin simply crossed out the case name and hand Brote the names of the parties in the disciplinary proceeding)
*i1th, the record clearly and convincingly estaAlishes that Coughlin has refused to
ac5noBledge the Brongful nature of his (%')(" despite having Aeen sanctioned on at least four prior
occasions)
*eventh, the record clearly and convincingly estaAlishes that Coughlin has shoBn a complete
indifference to ma5ing restitution and has so far ignored orders to do so)
(ighth, the record clearly and convincingly estaAlishes that some of Coughlin4s mis(%')(" involves
illegal (%')(" that evinces fraud and dishonesty) 0or e1ample, he Bas convicted of one instance of
petit larceny and is aBaiting trial on a second)
/he ;anel finds feB potentially mitigating factors to Ae present) >hile the ;anel finds that
there is a lac5 of prior puAlic discipline Ay the *tate Bar, the ;anel notes that Coughlin has Aeen
puAlicly criticiGed in the Coshi matter, has Aeen heavily sanctioned Bith an adverse aBard of
suAstantial attorney4s fees in the 9erliss matter, and has Aeen incarcerated at least tBice for criminal
(%'"e87" of court) <lthough there has Aeen an aAsence of prior puAlic discipline Ay the *tate Bar,
there have Aeen multiple instances of Kudicial censure and sanction)
<lthough Coughlin suggested at the hearing that he may have personal or emotional proAlems
or a mental disaAility, he denied that he needed further help) 0urthermore, no medical evidence Bas
presented regarding the potential impact of a mental disaAility, no evidence that the disaAility Bas the
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cause of the mis(%')(", no evidence of recovery Ay rehaAilitation and no evidence that a recovery
has arrested the mis(%')(" and that a recurrence is unli5ely to occur)
/hese potentially mitigating factors are Bea5 at Aest and do not e1cuse the Bell estaAlished
numerous and repeated violations of the +ules of ;rofessional (%')(" and do not outBeigh the
aggravating circumstances estaAlished overBhelmingly Ay the *tate Bar)
RECOMMENDATIONS
/he ;anel recommends that the +espondent Ae ordered:
("' 7rrevocaAly disAarred Ay the *upreme Court) >hile irrevocaAle disAarment is clearly the
harshest form of discipline, the unusual circumstances here, compounded Ay the repetitive nature of
the mis(%')(" prior ) to and even during the disciplinary process and hearing, clearly Barrant the
level of punishment recommended)
(#' /hat his temporary suspension Ae continued pending final resolution of this matter)
(3' >ithin three (3' days of the effective date of disAarment, to demonstrate to Bar that he has placed all his
Nevada clients Bith other counsel, otherBise concluded the representation, or Bith the assistance of Bar Counsel
thereafter attempted to e1peditiously aid any
remaining client in finding neB counsel)
(4' /o pay the costs associated Bith these proceedings pursuant to *C+ "#%) D
INDEM OF HEARING EMHIBITS *SBN ;S / TO /1, C%)9#i';s /AE/5 C#ai$;s /2
" 2I'e0 %f D%()8e'"s Sele("e f%$ Hea$i'9 Pa(Ce" Ay *BN4s ;at Eing in attempt to s5irt his
lie that he lac5ed a certified copy of every $rder attached to filings contained therein and
containing numerous fraudulent ;roofs of *ervice Ay the *BN 7a9e 111
E 7. 112 . pages of Bhat Eing purports +;C e1cerpts (")#, 3)", 3)3, 3)4, 3)., 3).<, 4)", 4)4, &)", &)#,
&)4'
2 7. 1A/ &!#3!"# C%87lai'" *BN v) Coughlin:
2E0#i<i" /: ""!3%!"" +9C Cudge 8oBard Cudgment of Conviction and Court $rder in ##"7 candy
Aar 3!".!"# Cudge (lliott $rder <ffirming +uling of the +9C in appeal C+""2#%4
2E0#i<i" B: ""!3%!"" +9C Cudge 8oBard $rder for *ummary ;unishment of (%'"e87" Committed
in -ieB and ;resence of the Court in "" C+ ##"7
2E0#i<i" 1F 3!"#!"# +9C Cudge Nash 8olmes $rder of 3!"4!"# Bith Dclear and convincingD
language)
# 2A""%$'e: Fees O$e$ %f HAB,656 <: J)9e Fla'a9a' in C-""2%3#& !#&!"# pursuant to 4!"9!"#
9otion for <ttorney4s 0ees Ay +ichard @) 87ll, (s3), Bithin appeal of summary e&i("i%' in +CC
rev#%""2%%"7%& Ay Cudge *ferraGGa 7a9e 14-
3 2O$e$ Af"e$ T$ial <: J)9e Li'a Ga$'e$ of 4!"%!%9 in D-%&2%""& that >6* cited as the
sole reason for firing Coughlin from domestic violence attorney position 7a9e 1.B
4 2(%'"e87" O$e$ # #& "# Cudge 8olmes #&%% $rder 0inding Defendant in (%'"e87" and
7mposing *anctions, 7a9e A6-
. 2O$e$ a""a(#e "% C%87lai'" 3 "# "# Cudge 8olmes attached to Complaint $rder #&%% fed
clear and convincing Aurden for +;C standard Ay *BN 7a9e A/B
2Le""e$ a"e Fe<$)a$: /A, B6/B "% M$. C%)9#li' f$%8 M$. Li'9 # "4 "# partial letter from
*BN Eing e1cised 8ill4s " "4 "# ng"#2%#%4 grievance, so no '%"i(e of it, not pled 7a9e A/.
7 2T!%E7a9e le""e$ a"e Ma$(# ., B6// f$%8 M$. C%)9#li' "% S"a"e Ba$ Coughlin4s 3 9 "# fa1 to
*BN regarding delayed receipt of # "4 "# letter from Eing re 8ill4s grievance 7a9e AB/
& 2T!% 7a9e le""e$ a"e Ma$(# /A, B6/B f$%8 J)9e H%l8es "% SBN N%$"#e$' Offi(e 3 "4 "#
complaint against Coughlin to *BN North 7a9e ABA
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9 2Affia&i" %f P%&e$": 3 7 "# <ffidavit of ;overty lac5ing caption or certification Ay +9C D3 page
4#7
"%2O$e$ i' Case // CR BB/-2 RMC Cudge 8oBard "# ". "" $rder denying 70; for /ranscript
;reparation and NeB /rial and +ecusal 7a9e A1/
""2 O$e$ f%$ S)88a$: P)'is#8e'" +9C Cudge 8oBard "" 3% "" $rder for *ummary (%'"e87"
incident to defense of %&3& conviction 7a9e 5A1
"#2O$e$ Affi$8i'9 R)li'9 %f RMC Cudge (lliott 3 ". "# $rder <ffirming +9C Cudge 8oBard4s
conviction in candy Aar petty larceny C+""2#%4 7a9e A1.
"32O$e$ G$a'"i'9 Res7%'e'";s M%"i%' "% Dis8iss A77eal Cudge (lliott & #7 "# C+"#2"##
$rder Dismissing <ppeal of "$es7ass Conviction Ay Cudge >illiam @ardner in +9C "" C+ #4%.
page 444
"42Ne! 3e$ifie Res7%'se Coughlin "" "4 "# NeB -erified +esponse after Chair (cheverria4s
threatening misstatements of the laB re default 7a9e AA4
".2De(la$a"i%' 3e$ifie Res7%'se !i"# "!% D3D is(s Coughlin4s "" ". "# Declaration and
-erified +esponse 7a9e 56.
"2E8e$9e'(: E0 Pa$"e M%"i%' Chair (cheverria4s "" "4 "# incomplete and secretive e1hiAit
entered sua sponte, in his attempt to one up Cudge Nash 8olmes as to transmogrifying a plenary
formal disciplinary hearing into a summary (%'"e87"!disciplinary hearing, Bhere no copy of (1hiAit
" Bas presented to Coughlin at the time (1hiAit "4s admission, and copy incomplete lac5ing discs
7a9e 5A1 and Bhere that Bhich is represented in (1hiAit " is an incomplete copy of the filing itself
(an DeditD, Bar Counsel Eing might say, if Coughlin Bas see5ing it4s admission, Bhere the (1hiAits
that Bere attached to Bhat (1hiAit " purports to Ae, are not present (Aecause neither the *BN nor the
;anel Chair (and ;anel 9emAer Eent indicated he Bouldn4t care to revieB any materials on an
attachments in cd!dvd form ever suAmitted Ay Coughlin anyBays' seem to Ae aAle to Aurn a cd!dvd
very easily, much less revieB the materials collected therein and presented Ay Coughlin in various
filings',
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4@B1@/B SBN 3. D. COUGHLIN SCR /65 COMPLAINT, NG/BE6B6A, 6A1A, 6A15F
D;6(<*( /<E( '%"i(e that pursuant to *upreme Court +ule (D*C+'"%.(#' a -(+707(D +(*;$N*( $+
<N*>(+ to this Complaint must Ae filed Bith the $ffice of Bar Counsel, *tate Bar of Nevada, 94. DouAle +
Boulevard, *te) B, +eno, Nevada, &9.#", Bithin tBenty (#%' days of service of this Complaint) ;rocedure regarding
service is addressed in *C+ "%9) Complainant, *tate Bar of Nevada (D*tate BarD', Ay and through its
<ssistant Bar Counsel ;atric5 $) Eing, is informed and Aelieves as folloBs:
Zachery Coughlin (D+espondentD', Bar numAer 9473, is a memAer of the *tate Bar of Nevada
admitted on 9arch #., #%%.) +espondent4s date of Airth is *eptemAer #7, "97) /he address that
+espondent has on file Bith the *tate Bar of Nevada, in accordance Bith +ule of ;rofessional
(%')(" (D+;CD' 79(" '(a' is ;ost $ffice Bo1 39", +eno N- &9.%.) +espondent engaged in acts of
mis(%')(" Barranting the imposition of professional discipline) /he *tate Bar alleges as folloBs:
") 9ultiple grievances Bere received Ay the $ffice of Bar Counsel AetBeen the period of
Canuary "4 and 9arch "., #%"#, concerning +espondent) Due to the serious allegations of
mis(%')(", grievance files Bere opened and an investigation Bas initiated Ay <ssistant Bar Counsel
;atric5 Eing)
#) +espondent Bas advised of the grievances via :)*) mail, e2mail and Ay a Arief meeting Bith
9r) Eing at the *tate Bar $ffice in +eno) +espondent did not cooperate Bith the investigation and
rather than respond to the grievances as re3uested, +espondent sent non2responsive and disparaging
e2mails)
3) +espondent has not made a re3uest to Ae placed on disaAility status, nor has he
ac5noBledged that he may have mental infirmity, illness, or addiction)
4) /he investigation of the grievances against +espondent shoBs a serious pattern of
mis(%')(")
.) $n *eptemAer 9, #%"", +espondent shoplifted a candy Aar and cough drops a >al29art
store Bith an appro1imate value of fourteen dollars (I"4)%%') $n NovemAer 3%, #%"", 9unicipal
Court Cudge Eenneth +) 8oBard found +espondent guilty of the offense ;etit 6arceny, a violation of
+9C &)"%)%4%) +espondent appealed the Kudgment of /he Kudgment of conviction Bas affirmed on
appeal) *ee (1hiAit ")
) During the trial +espondent4s (%')(" Bas so is$)7"ive that Cudge 8oBard +espondent in
direct (%'"e87" of Court and sentenced him to serve three (3' days in *ee (1hiAit #)
7) $n <ugust #%, #%"", +espondent Bas arrested on a second larceny charge for stealing a cell
phone) /hose charges are currently pending in +eno Custice Court)
&) +espondent Bas again arrested on Canuary "3, #%"#, for allegedly aAusing 9"" services, a
gross misdemeanor)
9) $n 0eAruary #") #%"#) +espondent filed a document entitled, '%"i(e of <ppearance (ntry
of ;lea of Not guilty , >aiver of <rraignment, 9otion to Dismiss, etc) in one of his pending criminal
matters, Case No) +C+2#%"# %.3%, City of +eno v) Zachary Coughlin) /he document clearly
shoBs +espondent4s unprofessional, is$)7"ive (%')(", and lac5 of respect for the court and
opposing counsel)
"%) +espondent Bas arrested on NovemAer "3, #%"" Ay +eno ;olice Department and charged
Bith "$es7assing, a misdemeanor, for Bhich he Bas later convicted)
"") /he circumstances leading to the aAove2mentioned arrest are as folloBs: at an hearing
Custice of the ;eace ;eter *ferraGGa ordered that +espondent vacate the home he Bas renting effective
NovemAer ", #%"") <fter the loc5s Bere changed and the '%"i(e Bas posted on the front door the
oBner, Dr) 9erliss, discovered that someone had Aro5en into the home and Bas Aarricaded in the
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Aasement) /he +eno ;olice tried to coa1 Bhoever Bas in the Aasement to open the door) Dr) 9erliss
Bas forced to 5ic5 open the door Bhere the +eno ;olice found +espondent) +espondent had Aro5en
into the home and living in the Aasement) +espondent Bas arrested for criminal "$es7ass and Bas
suAse3uently convicted of that charge)
"#) +espondent, representing himself as co2counsel, filed a 32page motion to dismiss on
9arch ., #%"#) /he motion Bas denied Ay Cudge >illiam @ardner and Bas determined to Ae Bithout
merit) /he motion, on its face, demonstrates that +espondent lac5s competence to practice laB)
"3) $nce +espondent Bas evicted, an order Bas oAtained to remove his Aelongings from the
home) +espondent interfered Bith the contractor Bho Bas hired to remove +espondent4s personal
Aelongings) /he police Bere called and after tal5ing Bith +espondent they recommended that he find
something else to do) +espondent refused to their advice and Bas suAse3uently arrested Ay the +eno
police)
"4) 7n the case of City of +eno vs) Zachary Bar5er Coughlin, Case No) "" /+ #&%% #", a
trial Bas held on a traffic citation issued to +espondent) /he matter Bas called at appro1imately 3:%%
p)m) and concluded Bithout a verdict at aAout 4:3% p)m) after the court held +espondent in criminal
(%'"e87" of court for his Aehavior and activities committed in the direct presence of the court during
trial)
".) 7n a 9arch "#, #%"# $rder, 9unicipal Court Cudge Dorothy Nash 8omes found Ay Dclear
and convincing evidenceD that 9r) Coughlin committed numerous acts of attorney mis(%')(") *ee
(1hiAit 3) Cudge 8olmes e1plained in her $rder that after +espondent se$&e his five2day (%'"e87"
of court sanction imposed Ay the court on 0eAruary #7, #%"#, +espondent fa12filed to the court a ##42
page document) Cudge 8olmes found that the document contained ramAling references to his personal
life and Bas incoherent)
") 7n her $rder, Cudge 8omes found Ay clear and convincing evidence that +espondent
violated +ule of ;rofessional (%')(" (D+;CD' ")" (Competence', +;C ")3 (Diligence', +;C 3)"
(9eritorious Claims and Contentions', +;C 3)# ((1pediting 6itigation', +;C 3)3(a' (Candor toBard
the /riAunal', +;C 3<(e' (0airness to $pposing ;arty and Counsel') +;C &)4 (c' ((ngaging in
Dishonesty) 0raud) Deceit or 9isrepresentation' and +;C &)4(d' (ngage in (%')(" that is
;reKudicial to the <dministration of Custice')
"7) +espondent filed <ffidavits of ;overty in *upport of his 9otion to ;roceed 7nforma
;auperis, Bherein he fails to disclose that he is a licensed attorney and instead under (mployment
and *elf2(mployment he identifies himself as a DCac5 of <ll /radesD)
"&) Despite a claim of poverty in the aAove mentioned affidavits, +espondent told the Court
that his incarceration for (%'"e87" Bould adversely affect his clients)
"9) $n 9arch ##, #%"#, +espondent appeared at the +eno 9unicipal Court Bearing (smiley
face' flannel paKamas) +espondent Aecame argumentative and 9arshals Bere called to Bere called to
as5 him to leave)
#.) $n <pril "%, #%%9, District Cudge 6inda @ardner of the *econd Cudicial District Court
e1ecuted an D$rder <fter /rial,D in case No) D-%&2%""&) 7n that case, +espondent represented the
Defendant!Counter Claimant) 7n her $rder Cudge @ardner e1plained +espondent4s inappropriate
Aehavior in part as folloBs: /he most trouAling aspect of this case Bas 9r) Coughlin4s rude, sarcastic
and disrespectful presentation at trial? 9r) Coughlin4s inaAility to understand a Aalance sheet? his
failure to (%')(" discovery and his lac5 of 5noBledge Bith regard to the rules of evidence and trial
procedure) <ll of this Bas compounded Bith a continuously antagonistic presentation of the case that
resulted in a shift from a fairly si87le divorce case to a contentious divorce trial lasting an e1cessive
amount of time)
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#7) 7n light of the forgoing +espondent violated +;C ")" (Competence'? +;C ")# (Diligence'?
+;C 3) " (9eritorious Claims and Contentions': +;C 3)3 (Candor to the /riAunal': +;C 3)4
(0airness to $pposing ;arty and Counsel'? +;C 3)* (7mpartiality and Decorum of the /riAunal'? +;C
4) " (/ruthfulness in *tatements to $thers': +;C 4)4 (+espect for the +ights of /hird ;ersons'? +;C
*< (+elations Bith $pposing Counsel'? +;C &)" (Disciplinary 9atters'? +;C &)# (Cudicial and 6egal
$fficials'? and +;C &)4 (9is(%')("')
>8(+(0$+(, Complainant prays as folloBs:
") /hat a hearing Ae held pursuant to Nevada *upreme Court +ule "%.:
#) /hat +espondent Ae assessed the costs of the disciplinary proceeding pursuant to *upreme
Court +ule "#%("'? and
3)/hat pursuant to *upreme Court +ule "%#, such disciplinary action Ae ta5en Ay Northern
Nevada Disciplinary Board against +espondent as may Ae deemed appropriate the circumstances)D
INDEM TO EMHIBITS 4@B1@/B C%87lai'" SBN &. C%)9#li', NG/BE6B6A, NG/BE6A1A, NG/BE6A15:
/. E0#i<i" / : 2""!3%!"" +9C Cudge 8oBard Cudgment of Conviction and Court $rder in ##"7
candy Aar? 23!".!"# Cudge (lliott $rder <ffirming +uling of the +9C in appeal C+""2#%4
B. E0#i<i" BF ""!3%!"" +9C Cudge 8oBard $rder for *ummary ;unishment of (%'"e87" Committed
in -ieB and ;resence of the Court in "" C+ ##"7
1. E0#i<i" 1F 3!"#!"# +9C Cudge Nash 8olmes $rder of 3!"#!"# Bith Dclear and convincingD
language)
CONCLUSION
Based upon the foregoing the undersigned respectfully re3uests that the +9C as a Bhole
andthe +C< recuse themselves from hearing any more of Coughlin4s cases, and Coughlin oAKects to
either Cudge 8oBard or Cudge Nash 8olmes presiding over any further contempts proceedings or
trials pursuant to 9cCormac5 and N+* ")#3%)
AFFIRMATION PURSUANT TO NRS B1.B.616
/he undersigned does hereAy affirm that the preceding document does not contain the social
security numAer of any person)
Dated: &!"4!"3
!*! Zach CoughlinWWWWWWWW
Zach Coughlin, Defendant
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PROOF OF SER3ICE
;ursuant to N+C; .(A', 7 certify that 7 served a copy of the foregoing document upon the
folloBing party Ay fa1ing, emailing, dropping +f at their office, and placing a true and correct copy
of the foregoing document in the us mail) addressed tp:
<lison 9) $rmaas, (s3)
$ne (ast 0irst *treet, 3rd 0loor
0a1 numAer: 77.233424##
ormaasaVreno)gov, 5adlicKVreno)gov
Cohn Eadlic, (s3)
+eno City <ttorney4s $ffice 2 Criminal Divison
;)$) Bo1 "9%% +eno , N- &9.%.
/el: 77.23342#%.% 0a1: 77.23342#4#%
<ttorney for City of +eno 77. 334 3&#4
+eno 9unicipal Court filed Ay fa1 to :
Date this 9arch , #%"#
!*! Zach Coughlin
Zach Coughlin, Defendant
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INDEM TO EMHIBITS
") (1hiAit ": D*tepping :p to the Bar: 0emale <ttorneys in NevadaD Ay @uy +ocha, former Nevada
*tate <rchivist?: *tate4s 0irst Native 0emale 6aByer Ay @uy +ocha, former Nevada *tate <rchivist
and Cohn 9arschall? *even (7' pages)

8 14 13 0204 3913 3914 Motion To Disqualify RMC and Rca and Hon Judge Dilworth

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8 14 13 0204 3913 3914 Motion To Disqualify RMC and Rca and Hon Judge Dilworth

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