Professional Documents
Culture Documents
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) CASE 60975
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became aware of it upon it being referenced in the attachment to an email of 7/9/14 from
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the State Bars Laura Peters, which also attached an Order of 6/30/14 in this same case.
Coughlin has confirmed with the Clerks Office that such 4/23/14 Order was
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mailed to the Washoe County Detention Center, and received as return to sender by the
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apprised the Clerks Office and OBC of his change of address shortly after his release (see
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of 5/7/14 in 65587 listing his current address therein), however, the Clerks Office did not
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Coughlin has made several respectful telephone calls (leaving voice mails) and
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emails to the SBN since April 18, 2014 (please see attached Coughlins correspondences
to the OBC Of 5/2/14 and 5/12/14 and one of 7/22/14 informing the OBC that Coughlin is
scheduled to be evaluated by Dr. Nielsen on 7/25/14) and received nothing in the way of a
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response other than the filing by the OBCs Machado of 6/3/14 in 62337, until Peters
email of 7/9/14. The late filed Status Report filed by the OBCs Pattee on approximately
7/11/14 indicates that this Courts Order of 4/23/14 was received by the OBCs Las Vegas
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Office, then forwarded to its Reno Office, yet not, apparently, received by the Reno
Office. Coughlin did, on July 12th, 2014, finally receive a copy of this Courts 6/30/14
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from this Court. The delay in Coughlins receiving from this Court its 6/30/14 Order in
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60975 seems to indicate that Coughlins address of record with this Court, at least as far as
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this case is concerned, had yet to be updated at the time entry of such 6/30/14 Order.
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Coughlin recognizes that he should have (if indeed he failed to) specifically
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indentified to the Clerks Office each case he is a party to and presented a more obvious
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indication that he was no longer incarcerated and that the address listed on the pleadings
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he filed following his release was then his current address. Nonetheless, had the OBC
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contacted Coughlin to inform him of the medical expert chosen by the State Bar (as
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required by this Courts 4/23/14 Order) and thereafter timely complied with its dictate that
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the OBC file a status report by 5/23/14, over two months progress in this matter, and,
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seemingly, in the companion disciplinary proceeding in 62337 could have been better
utilized.
POINTS AND AUTHORITIES
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It is relevant to note that the substance of NNDB Chairman Susichs SCR 117
Petition in 60975 has been addressed by Respondents filings in 62337, and Respondent
seeks to incorporate such herein again here now. The undersigned hereby denies the
yet they are not sure which and offer nothing in the way of evidence to support any
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accusation that Coughlin is suffering any sort of chemical dependency, much less one
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sufficient to render him incapable of practicing law. As support for the apparent
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the Petition makes mention of only three filings (one of 2/21/12, another of 3/5/12,a dn a
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third of 3/7/12) Coughlin submitted on his own behalf, as a pro se criminal defendant
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forced to represent himself where Coughlin had never practiced on a single criminal matter
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with some condition that he receive psychological counseling, thereafter admitting that
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Coughlin was admitted to practice law, albeit managing to incorrectly state the date of
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-some alleged refusal to cooperate with Bar Counsel regarding the investigation
and resolution of such purported grievances
-an alleged conviction for petty larceny of a candy bar and cough drops from a
Wal-Mart store, which was allegedly affirmed on appeal
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directives of the judge making demeaning statements such WOW and laughing during
-another petty larceny arrest occurring 17 days prior to the Wal-Mart petty larceny
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They may establish that Coughlin was undergoing an adjustment reaction to a tumultuous
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period in his life (breakup of a four year long domestic partnership, extreme familial strife,
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unemployment, and at least two wrongful arrests) wherein he was not a very likable or
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charming fellow. Coughlin was never committed, nor ever subject to inpatient treatment
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One, RMC Judge Nash Holmes vacated both of the orders attached as Exhibits 4
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and 5 to such SCR 117 Petition herein by way of her attached 4/9/14 Order(s) of Dismissal
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(which begat this Courts 5/16/14 Order in 62337 in response to Coughlins attaching such
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Orders of Dismissal to his 4/22/14 filing in 62337) of such case (which Coughlin was
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never permitted to appeal nor even challenge by Writ of Mandate to whatever extent
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Simply put, Coughlin has at no time been incapable of practicing law, and has not
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done anything bad enough to get disbarred for, much less to justify a suspension of the
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length to which his current temporary suspension has already run (ie, over two years).
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Coughlin has punished himself enough, it is time to let him get on with his life.
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The SCR 117 Petition her does not allege anything even close to Coughlin
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appearing in the office in an intoxicated condition while conferring with clients, much less
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misappropriating any client funds. Further, it is interesting to note that, while the SBNs
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8/23/12 SCR 105 Complaint at issue in 62337 included amongst its vague charges both of
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the filings by Coughlin attached as Exhibits 2 and 3 in the SCR 117 Petition in 60975 of
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5/30/12, come time for the disciplinary hearing, the SBN completely abandoned any
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attempt to paint such as misconduct of any sort (not even within the faux SCR 117 style
RPC 1.1 competence approach the SBN constantly took during such SCR 105,
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102/111(8) formal disciplinary hearing (versus the plural proceedingsto reference the
distinction between the process set forth in an SCR 111(8) referral and those inherent to
Clearly, the SBN abandoned any attempt to paint those two filings by Coughlin as
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misconduct considering what they really revealed was that Coughlin brought to light the
fact that the Washoe County Sheriffs Office currently burglarizes tenants instead of
following the dictate of NRS 40.253 requiring a tenant be given 24 hours from receipt of
a summary removal order prior to the Sheriff effecting a summary lockout. The fact that it
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is the Washoe County District Attorneys Office (which employs the same NNDB member
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DDA Bruch Hahn that sat on Coughlins April 2012 Screening Panel) which defends the
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Washoe County Sheriffs violations of NRS 40.253 incident to the manner in which it
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One could go on about Washoe Legal Servicess Director Elcanos daughter also
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being an attorney employed with the WCDAs Office and DDA Kandaras (also a NNDB
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member) and WLS failing to accord Coughlin access to legal tools during a curiously
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lengthy recent incarceration (November 7th, 2013 to April 18th, 2014) (apparently a public
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officer for the purposes of an SCR 111(6) analysis is not the same as for an NRS
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169.163/NRS 193.019 inquiry, see SBNs January 30th, 2014 SCR 111 Petition in
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64903) but surely there are better ways to cultivate the access to justice in Nevada than
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well, though, and only after Washoe Legal Services and its Director Elcano got the
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dismissals and waivers and withdrawals it sought, did RMC Judge Gardner purport to
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somehow undo the 4/9/14 Order of Dismissal in such trespass case entered by Judge
Holmes (please see SBNs 6/3/14 filing in 62337 and Coughlins response thereto).
Further, the IFP attached as Exhibit 6 to the SCR 117 Petition has been addressed
in 62337 at length. In summary, such was filed 12/14/11 (though an Order by Judge
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datewhich contributed to some vague sense the SBN and NNDB attempted to put
forward that Coughlin somehow failed to identify himself as an attorney either within such
filing (he did, in both the fax cover page thereto and in the email to the Reno Municipal
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Court he attached such to after RMC Clerk Ballard communicated, in writing, permission
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to submit such filings by email..never mind the fact that the trial was 11/30/11at the
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conclusion of which attorney Coughlin plead for a stay of his summary three day
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RMC Judge Howard summarily dismissed, only to subsequently refuse to file the
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transcript Nevada Constit. Art 6 Sec 8 specifically allowed the Legislature to require the
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allegation. Curiously, the SCR 117 Petition fails to allege Coughlin failed to identify
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himself as an attorney prior to such IFP Motion being filed (whereas the SBNs 8/23/12
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Complaint in 62337 sort of manages to feebly allege that, whereas the Panel in 62337 free23
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styled on that by deemimg some alleged failure to identify any income from the practice
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of law be at least close to a violation of RPC 8.4(c) (despite such alleged being not pled
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making next to no money trying to practice law and do whatever else he could to make
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ends meet at such time as that IFP Motion/Declaration was signed (November 22, 2011,
which Coughlin refilled on December 14, 2011some local judges refuse to acknowledge
Buckwalter, insisting broke people with no money pay a notary $5 for every IFP
Application to have an Affidavit rather than a Declaration (very ironic this Courts fine decision in
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60302 reversing in part where Coughlins suit against WLS and its Director Elcano was dismissed based
upon a ruling that Coughlin using the 2JDCs own Declaration of Proof of Service of the Summons and
Complaint somehow was ineffective where NRCP 4 references an affidavit) despite NRS 53.045).
The court there was well aware Coughlin was then an attorney licensed in Nevada
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a Jack of All Trades making $800 a month (RMC Judge Howard cares not for ADKT
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since Coughlin got to litigate 60975 (or was forced to) in the setting of 62337, why not?...)
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failed to even allege Coughlin failed to identify any income from the practice of law
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(rather, the Panel threw that in in an attempt to bolster its embarrassing 12/14/12 Findings
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poor and appears to point to such as a stand in for his being crazy, mentally ill, unfit,
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Respondent alleges that he has almost no income and refers to himself as being employed
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as a 'Jack of All Trades." Funny, when was the last time Susich/OBC/NNDB filed an
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SCR 117 Petition because an attorney was making too much money? Since when is
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indicating one has almost no income (not hard to believe during the time period of
November 22nd, 2011 to December 14th, 2012, here, given the wrongful arrest of Coughlin
on 8/20/11 (the first of many), which, by the way, involved and allegedly depended upon
the warrantless search of a smart phone, something the United States Supreme Court has
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arguing for the Fourth Amendment must be SCR 117 mentally ill), a wrongful arrest by
a tribal police office on 9/9/11 (in violation of NRS 171.136 and 171.1255, never mind
that Coughlin did not steal anything) for the alleged theft of a candy bar and some cough
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in violation of NRS 40.254 served upon along with the Washoe County Sheriffs Office
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and Reno attorney Richard G. Hill, Esq. and Casey D. Baker, Esq. burglarizing Coughlins
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former home law office on 11/1/11 and again at the time of the wrongful criminal trespass
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arrest of 11/13/11 (where WCSO refuses to obey NRS 40.253s 24 hours dictate and the
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WCDA/NNDB/SBN/ and Washoe Legal Services (home of landlord tenant legal aid,
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allegedly) all just countenance such because when you are part of the in crowd, why make
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waves, right? Who wants Washoe County to have anything better than a sub-Third World
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level tenants rights landscape anyways? Never mind that Hill and Merliss had to lie to the
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police to get Coughlin arrested, alleging they warned Coughlin to leave and he refused to
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(once they sussed out that a Summary Lockout Order (particularly one executed
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prematurely, and therefore, stale, void, expired) is not tantamount to a criminal trespass
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warning (oh, I could go on for hours about all the fraud Hill, Baker and Merliss engaged in
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(lying that the term of the lease was 12 months when it plainly states not less than 12
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months and contains nothing in the way of a landlords no cause termination right
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(Coughlin submitted for filing a Petition for Writ of Mandamus in response to 61383
going under but, for some reason, it has never been accorded a case number by this
Petition-for-Cert-or-Mandamus-Re-Merliss-1708-03628-61383-Receipt-Pending-EFlex
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Mr. Whittemores defense in his disciplinary matter may have been aided by
Coughlins setting out all the arguments that Panel Chair turned attorney for Whittemore
Echeverria (whom curtly dismissed such positions when Coughlin made them and or
sought to lay them out further) later would make on his behalf at to the lack preclusive
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effect of a conviction of a crime (where Coughlin made such arguments with the caveat
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that he did not admit to any convictions existing) (or in Coughlins case in essence, a
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with respect to the matter at issue in 60838, where the SBN and Coughlin now disagree as
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to whether such conviction was even affirmed on appeal (which conviction? The one for
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summary contempt or the petty larceny conviction, where both were allegedly entered on
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the same day, 11/30/11, such contempt conviction being attached to the SCR 117 Petition
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thereto (especially for the mitigation analysis, extent of punishment calculus, and, even, as
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to whether respondent guilty of violating, say, RPC 8.4(b) (criminal act reflecting
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To specifically address the SCR 117 Petition more clearly than did Coughlins
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6/18/12 submission, where such reads, in relevant part (Respondent hereafter excerpts the
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relevant portions of the SCR 117 Petition with his responses and arguments directed
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Coughlin has repeatedly been denied access to such, and the conflict
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(NOTE: while it may not even be true to indicate that Coughlin expressed a firm
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refusal to so stipulate, any suggestion that Coughlin did not indicate a willingness to go
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on a temporary suspension of something less burden of proof shifting than the SCR 117
joint disability petition variety, is not true, as Coughlin did express an interest in such an
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known to Coughlin), he was not admitted until May, 2005perhaps another instance of
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something like Coughlin not being served the 4/23/14 Order here, or the SBNs Patrice
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Eichman unilaterally and secretively failing to submit the Request for Consideration
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Coughlin submitted for filing at the conclusion of the deferral period in November
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2003?).
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Regardless, Coughlin does not believe he has any history of mental illness.
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Regardless, the OBC/NNDB offer absolutely nothing in the way of actual factual
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(NOTE: that is not really true, as Coughlin demonstrates in 62337 (see the 665
pages of correspondence between Coughlin and the SBN prior to the filing of the formal
Complaint on 8/23/12 (nearly all of it from Coughlin to the SBN addressing the
grievances and disproving them), the OBC was quite coy about just what was a grievance,
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how many there were, how many were written by judges, whom submitted what and at
whose behest (which is problematic now that 2JDC Judge L. Gardners 4/13/09 Order
After Trial referred to in Paragraph 21 of the SCR 117 Petition has been shown to have
been vacated by way of her 6/19/09 Final Decree of Divorce (so, perhaps, Susich and
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King ought review RPC 3.1 some and apply it to their own workand perhaps RMC
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Judge William L. Gardner should not take vacated orders passed to him by his sister
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(especially where he refuses to recuse himself from the criminal trespass trial involving
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attorneys Hill and Baker here, only to then violate the mandatory competency evaluation
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stay per NRS 178.405, .415, only to the purport to speak for Judge Nash Holmes in
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answering the OBCs ex parte imploration to set aside the Order of Dismissal vacating
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such criminal trespass conviction that RMC Judge Nash Holmes entered on 4/9/14
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(attached to Coughlins 4/22/14 filing in 62337), exiting 2JDC Judge L. Gardner, three
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years after the fact, and then pass them on to his fellow RMC Judge Nash Holmes without
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mentioning that such order (which allegedly was a sanction) had been vacated by the
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6/19/09 Final Decree of Divorce (but not before WLSs Elcano managed to justify his
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firing legal aid domestic violence attorney Coughlin based solely on such alleged sanction,
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Elcano refusing to back off such decision upon such Order After Trial being vacated, then
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11/14/12 formal disciplinary hearing and feigning to be unaware such had been vacated.
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no such conduct by Coughlin could possibly be criminal trespass, much less an RPC
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8.4(b) violation, much less support for any SCR 117 disability finding.
The SCR 117 Petition continues:
7. The NNDB Chair has been informed that Respondent has not
requested to be placed on disability status and refuses to acknowledge
that he has any mental infirmity, illness or addiction.
(A review of Coughlins correspondence with the SBN disproves this:
http://www.scribd.com/doc/233304377/2009-to-12-24-12-0204-Emails-to-Nvbar-org925-Pages-Bate-Stamped-Needs-Attachments-With-5-14-and-7-31-RX-PrescriptionHistory
http://www.scribd.com/doc/233304379/5-14-12-Email-to-Dad-and-MelissaApology-and-Zach-Coughlin-Prescription-History
http://www.scribd.com/doc/233304378/7-31-12-0204-email-to-nvbar-orgresending-this-FW-Apology-and-Zach-Coughlin-prescription-medications-information
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It is plainly inaccurate for the OBCs King to stand before the NNDB and
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Panel and indicate Coughlin failed to acknowledge he had some issues. Worse
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still is King, during a face to face meeting with Coughlin in July 2012, imploring
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Coughlin not to provide him with things like his prescription records history,
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his domestic partner of four years in July 2011 and his being unable to afford two
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potent medication he has taken for over a decade (Adderall and Wellbuttrin) in
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August 2011, followed sharply less than two weeks later by the first of what
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(https://www.youtube.com/watch?v=hxOg8Z0VmuY
https://www.youtube.com/watch?v=wiW0vnGv6l4 ) involving the warrantless
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search of an abandoned smart phone (verboten under the fourth Amendment) the
finder thereof had given to Coughlin in lieu of following through on his threats to
thrown it in the nearby Truckee River if someone did not claim it (where
tenant Coughlin on 8/22/11), and the candy bar and some cough drops petty
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(Why is the NNDB always indicating it has been informed? Does not SCR
117(2) have any RPC 3.1 requirement? Need not the NNDB even call up a respondent
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to say, Hey, Guy, whats going on here? Tell us why you are not incapable of
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continuing the practice of law because of mental infirmity, illness, or addiction? Nope,
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the NNDB just took a vacated sanction it attached as Exhibit 6 (2JDC Judge L. Gardners
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4/13/09 Order After Trial), (Coughlin had not even sustained the momentary and void,
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and subsequently vacated criminal trespass conviction of 6/18/12 at the time of the
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NNDBs 5/30/12 SCR 117 Petition filing here, soreally, just what was such based on,
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the allegation that Coughlin had been found trespassing at his former home law office
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during the period in which a stay of such a wrongful summary removal order was entirely
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likely, or misunderstandings incident thereto entirely plausible? Now that Coughlin has
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not been found guilty of criminal trespass, does not that mean Richard G. Hill, Esq. and
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Casey D. Baker, Esq. need to explain their breaking and entering, criminal trespass, and
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invasion of Coughlin and attorney Coughlins clients privacy rights incident to their
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multiple ill advised break ins at Coughlins former home law office and lies incident
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Just like SCR 102 requires the NNDB, not the SBN (as was de facto the case here
with King essentially being permitted to stretch out the SCR 111(6) temporary
suspension for now over two yearsEcheverria thinks three felony convictions equals
six months suspension in Whittemores case, but somehow finds over two years for an
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alleged conviction of petty larceny of a candy bar and some cough drops to be just such
that the SBN and NNDB need not actually file and win on the SCR 102 Petition for a
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practice law? Again, the United States Patent and Trademark Office (USPTO), which
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has been informed of everything involving all these various matters, has yet to suspend
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Coughlin a single day. Does not say much for what it thinks of these patently invalid
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alleged convictions and sanctions (funny how the $42K prevailing party fee award
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given Merliss receives no mention in the SCR 117 Petition where it became the SBNs
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cleanup hitter at the 11/14/12 formal disciplinary hearing at issue in 62337) (whether they
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were not affirmed on appeal or subsequently vacated or not)The NNDB not once
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contacted Coughlin prior to filing this SCR 117 the SBN spoon fed it from what it itself
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had been spoon fed by Hill and RMC Judge Nash Holmes. RMC Judge Nash Holmes, in
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a demonstration of her extreme character, has ameliorated this situation with her two
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Orders of Dismissal (which vacate anything to do with the alleged criminal contempt
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conviction in the traffic citation outside Hills office trial in 11 TR 26800, as well as
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vacating the criminal trespass conviction incident to the Criminal Complaint Hill signed
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shortly after he and Merliss lied to the police to get Coughlin wrongfully arrested on
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11/13/11).
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job at Hot Dog on A Stick over an alleged sanction that was quickly vacated shortly
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after the firing, but thats Paul, and thats Renoand thats me. I get it. I am difficult, a
little weird, could stand to take a refresher course at charm school, and just plain do not
always do that which is most likely to result in me getting paid more and more money
and becoming more and more popular in legal circles. How awful. But, please know
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this. This has been an awful, awful time for me, and I do not have any interest in being
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explication of why such conviction was not affirmed on appeal). Funny how
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neither the SBN, City of Reno, nor NNDB ever manage to copy and past the
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actual language of the Order they are purporting affirmed a petty larceny
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conviction where such actually speaks to a ruling and could just as well be
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affirming the summary contempt ruling Coughlin also specified as being appeal
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in his notice of appeal and associated petitions for writ of mandamus to whatever
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extent Pengilly limits such to be the only avenue of review availing to a pro se
attorney criminal defendant denied his Sixth Amendment right to counsel where
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ADKT 411 was also violated. Regardless, the SBN failed to receive a ruling from
the Panel that such alleged conviction was tantamount to an RPC 8.4(b) criminal
preventing such from being relitigated here). If such alleged behavior is such a
fitness issue, rather than one involving honesty or trustworthiness, than why
no mental health court and how is it that RMC Judge Howard was able to hold a
trial on 11/30/11 after deciding not to bring Coughlin in to the courtroom for the
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original trial date of 11/14/11 where Coughlin was brought to Howards court in
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custody in the red jail clothing associated with one placed in mental
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(NOTE: while note Respondents finest hour, no doubt, a review of the audio
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recording (better than a written transcript in some ways) reveals Coughlin to be quite
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professional throughout such trial (if saying WOW once is all Judge Howard could
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think to add as a criticism along with continuing lines of inquiry after being instructed
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not to do so, then, really, how bad could Respondents conduct have been? Complete
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https://www.youtube.com/watch?v=J7C_3JzIoL4 ).
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(NOTE: Respondent is not sure that the links in such as the above
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in the SCR 117 Petition ever worked, but a video of such arrest can be
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https://www.youtube.com/watch?v=w_dxbsEXsBY )
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hearing wherein Hill voluntarily dropped his TPO against Coughlin, is hardly
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disparaging. Coughlin could have done a bit better at page 5 thereof by pointing out
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how DDA Youngs criminal complaint ignored Shepp and Staab in failing to specify
which another or other person it was whom Coughlin allegedly received such
stolen property from (ie, the existence, much less the identity of the Finder of such
iPhone whom thereafter threatened to throw it in the river nearby unless someone
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claimed it) is noticeably not mentioned in any way in such Criminal Complaint criticized
justifiably in such filing by Coughlin attached as Exhibit 2 to the SCR 117 Petition.
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(NOTE: for whatever reasons (not sure) that link does not work, but
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Respondent has gone to great lengths to transcribe and make available to actual
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videos Hill and Merliss themselves filmed, which show Hills testimony at
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departed from what is clearly conveyed on not only these videos, but in his
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testimony during the trespass trial itself, in suddenly alleging that he heard the police
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communicate to Coughlin not only that they were the police, but also that Coughlin
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had to leave, upon Hill sensing that trespass requires a failure to leave after being
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executed and during the pendency of a stay thereof) is not tantamount to a criminal
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residence. The locks on the residence had been broken. (NOTE: this is
not true and has never been supported by any testimony or evidence. Hill
merely testified that the locks were unlocked, not broken. Regardless,
Coughlin had every right to be at his former home law office, it was Hill
and Baker whom, along with the WCSO, did the breaking and entering)
The Reno Police tried to convince Respondent to Leave the premises, but
he would not voluntarily leave.
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(NOTE: add to this language the SBN and Hills curious use of the term coax,
as in the police attempted to coax Coughlin out of the basement and Hills subsequent
remixing of these events to sound like an actual order/warning by anyone whom had
identified themselves as having the authority to issue such a warning to leave, plays as
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extremely suspect. The police do not try to convince one they are ordering to leave a
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premises of anything. They issue and if it is not complied with they arrest the suspect.
Regardless, and this is proven by the videos (which NNDB Susich obviously did
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not watch, Coughlin is seen and heard in the videos asking the police why they do not
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just order him to leave and provide him an opportunity to do so if they feel he is
16
trespassing, whereupon the police fail to do anything of the sort, but rather, take the fraud
17
18
19
20
21
22
23
24
Hill and Merliss feed them and run with it (all dissected in excruciating detail in 61901
and 62337).
The owner kicked a door open and Respondent was arrested
thereafter. Respondent filed a 36-page "Notice of Appearance as CoCounsel, and Motion to Dismiss" the trespass charge on March 5 2012, in
the Second judicial District Court, bearing Case No: 11 CR 26405. A copy
of the "motion" is attached as Exhibit 3 and incorporated by this reference.
The document is incoherent, confused and rambling.
Paragraphs 16 to 17 of the SCR 117 Petition have been addressed by
25
- 21/27 -
1
2
3
called to remove him from the courthouse. The claimant was wearing
smiley face flannel pajama bottoms and a white tee shirt. Underneath the
tee shirt, the claimant was wearing a dress shirt and a tie. See, Affidavit of
Officer Scott Coppa, attached hereto as Exhibit 7.
RMC Filing Office Supervisor Ballards own attached Affidavit admits that no one
5
6
asked Coughlin to or directed Coughlin to leave prior to Ballard summoning the RMC
Marshals over to ask Coughlin to leave. The entire incident revolved around the RMC
refusing to turn over/allow Coughlin to purchase the audio of the 2/27/12 and 3/12/12
10
Regardless, all orders from and that entire case has been dismissed.
11
12
13
though Coughlin had to be physically removed from the court house, perhaps even after
14
refusing to leave.rightlike that would not have resulting in yet another trespass
15
arrest. This was simply a case of the RMC Marshals walked over to Coughlin out of the
16
blue while Coughlin was asking the filing office counter clerk questions relative to
17
18
obtaining an audio recording of a trial that he had/has every right to obtain, and telling
19
20
incident. Hardly worthy of sicking the NNDB on some poor solo practitioner. Here is
21
how the RMCs Supervisor Ballard put it herself in her 4/11/12 Affidavit that the NNDB
22
conveniently omitted from its Petition: This type of conversation went on until I could
23
24
no longer help him and felt we had done everything we could at this point. I walked back
25
to my desk and heard him asking Daniel what the docket said. I could see that he was
26
writing down what Daniel told him and at this point I contacted Bill Williams in the
27
security office and told him we have had enough of Mr. Coughlin and he needs to leave.
28
- 22/27 -
Marshal Thompson arrived with another Marshal and Mr. Coughlin left. See:
http://www.scribd.com/doc/233318487/4-11-12-0204-62337-26800-26405-00696-RMC-
Donna-Ballard-Affidavit-to-the-SBN-Bates-1865
Such is typical of the RMC and Ballard. Refuse the public that to which they are
5
6
calling for bringing in armed guards prior to anyone from the RMC or even Ballard
even any indication that the RMC counter clerks would no further address Coughlins
10
inquiries. Just skip straight to send over the armed guards commanding the indigent
11
12
defendant seeking a copy of the audio of a trial completely necessary to the defense of his
13
law license to leave without anything in the way of an explanation as to how the RMC
14
15
19
20
Respondent has demonstrated, in excruciating detail in 62337, that, not only did
16
17
18
21
the officer or detective referenced say, verbatim what Coughlin has repeatedly quoted
22
him as saying as to attorney Hill, but, further, that Respondent has always gone out of his
23
24
way to point out such was likely poorly chosen moment of sarcasm by the officer rather
25
than an actual admission of having taking bribes. Even Hill had to admit in his testimony
26
that such had been so couched during Coughlins invocation of such statements by the
27
officer involved.
28
- 23/27 -
1
2
3
Paragraph 21 of the SCR 117 Petition is irrelevant in light of such 4/13/09 Order
After Trial being vacated by the 6/19/09 Final Decree of Divorce, which did not sanction
Coughlin and which did, actually, award the very alimony Coughlin was previously
criticized for pursuing for his victim of domestic violence legal aid client.
5
6
7
8
9
DECLARATION
The assertions herein are made, pursuant to NRS 53.045 under penalty of perjury
and based upon my first hand knowledge of these matters, and all the documents linked to
herein are true, correct, and complete copies thereof.
10
11
12
13
14
Zach Coughlin
15
Respondent
16
17
18
19
20
21
22
23
24
25
26
27
28
- 24/27 -
CERTIFICATE OF SERVICE:
1
2
Pursuant to NRCP 5(b), I do hereby certify that, on this date, I, Zach Coughlin I
placed in the USPS mail a copy hereof to the STATE BAR OF NEVADA
3
4
PATRICK O. KING
6
7
11
Zah Coughlin
12
Respondent
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
- 25/27 -
Index to Exhibits:
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
- 26/27 -
1
2
3
4
5
Which is/was, apparently, the fate of Coughlins attempts to appeal or challenge by writ
of mandate RMC Judge Howards Order For Summary Punishment of Contempt attached
as Exhibit 1 to the SCR 117 Petition (please see debate over Judge Elliotts 3/15/12 Order
in the appeal/petition for writ challenging both the candy bar/cough medication petty
larceny conviction (see 60838 as well) in SBNs filings of 6/3/14 in 62337 and Coughlins
response thereto)
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
- 27/27 -
7/22/2014
Close
1/2
7/22/2014
references NRS 189.030(1), which required the RMC to file the transcript of the trial, which the RMC failed to
ever do. NRS 189.035 provides that a remand for a new trial is required under such circumstances. As such,
that conviction has been vacated as well. http://caseinfo.nvsupremecourt.us/public/caseView.do?csIID=30514
http://caseinfo.nvsupremecourt.us/public/caseView.do?csIID=30514
I respectfully request that consideration be given to some stipulated resolution of the appeal in 62337. I do
not believe the Panel has technically been divested of jurisdiction in light of the 12/14/12 FOFCOL not being
titled a "Decision" as required by SCR 105(3) and the fact that I did file a tolling motion on 1/3/13,
supplemented on 1/16/13. I have recently been release from Washoe jail after serving 5.5 months there and
hope it is evident to all that I am a humbled, changed man, and that being reinstated to slowly begin practicing
law in baby steps is in my best interest, and presents no threat of harm to anyone.
Further, I know that such an approach would greatly assist Washoe Legal Services and its Executive
Director Paul Elcano in their efforts to help me move on with my career and in life.
The attorney fee award at issue in formal hearing exhibit 2 (the NRS 69.050 prevailing party fee award to
Hill's client, Merliss, which Judge Flanagan expressly characterized as not a sanction) has been satisfied.
Further, the 4/13/09 "sanction" in formal hearing exhibit 3 that Mr. Elcano testified with regard to in the Joshi
divorce trial in DV08-01168 was vacated by way of 2JDC Judge L. Gardner's 6/19/09 Final Decree of
Divorce.
Washoe Legal Services assisted me in satisfying the judgment owed Merliss, and I would like to repay WLS
via working pro bono on its behalf, but I need to be reinstated to do so. If you do not feel a stipulated
resolution of the entire matter in 62337 is appropriate at this juncture, I ask that you consider stipulating to
dissolve my current 23 month temporary suspension incident to the referral in 60838 for a conviction that is no
more, consistent with SCR 111(10) and the approach detailed above from In Re Beckett.
Sincerely and Respectfully Submitted,
Zachary Barker Coughlin 1471 E. 9th St. Reno, NV 89512 Tel and Fax: 949 667
7402 ZachCoughlin@hotmail.com
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2/2
7/22/2014
Close
substitution of counsel
From: Zach Coughlin (zachcoughlin@hotmail.com)
Sent: Mon 5/12/14 9:02 AM
To: patrickk@nvbar.org (patrickk@nvbar.org)
Cc: laurap@nvbar.org (laurap@nvbar.org)
https://bay176.mail.live.com/ol/mail.mvc/PrintMessages?mkt=en-us
1/2
7/22/2014
2/2
7/22/2014
Close
From: philp@nvbar.org
To: zachcoughlin@hotmail.com
Subject: RE: SC Case 60975
Date: Tue, 22 Jul 2014 15:46:40 +0000
Zach,
Thank you for your message, and for your efforts. I shall keep the Supreme Court
informed.
Phil
https://bay176.mail.live.com/ol/mail.mvc/PrintMessages?mkt=en-us
1/3
7/22/2014
Phillip J. Pattee
Assistant Bar Counsel
Dear NV Bar,
I have been trading voice mails with Dr. Nielsen and finally just asked him to tell
me a date and time and indicated I would be sure to show up for such for the
evaluation, and asked if he would let me know of any releases or records he
https://bay176.mail.live.com/ol/mail.mvc/PrintMessages?mkt=en-us
2/3
7/22/2014
would like to have in connection with the evaluation. I left him another message
today.
Sincerely,
Zachary Barker Coughlin, Esq. (USPTO) 1471 E. 9th St. Reno, NV 89512 Tel 775 338 5334 Fax: 949 667
7402 ZachCoughlin@hotmail.com
From: laurap@nvbar.org
To: ZachCoughlin@hotmail.com
Subject: SC Case 60975
Date: Wed, 9 Jul 2014 19:14:31 +0000
Please see attachment
Laura Peters
Paralegal
Office of Bar Counsel
https://bay176.mail.live.com/ol/mail.mvc/PrintMessages?mkt=en-us
3/3
Close
D ear
I am sorry for all the hurtful things I have said and done in the last
year. I haven't been on my Wellbutrin/Buproprion antidepressant
for quite awhile (I pulled my pharmacy records recently to try to
learn from some things). I have taken anti-depressants since I was
18 years old. I wasn't on either my Wellbutrin or Adderall for all of
August 2011 until September 14, 2011. I was arrested on August
20th, 2011 and September 9th, 2011. The Walmart arrest involved
chocolate and cough drops. The cough drops have
dextromethorphan in them, which is a dissociative in high enough
doses. Chocolate (sugar) is, of course, an old time palliative. The
banned cough drop (the melt or dissolve very quickly and contain
30 mg in each one...so rather than powering through a whole bottle
of cough syrup to take 300 mg of DM, one could eat 10 cough drop
melts rather easily and quickly). These drops were pulled from
shelfs for awhile when they first came out a few years ago, I believe
because of the abuse potential or dangers of being able to ingest
that high a quantity of a powerful dissociative so quickly (the cough
syrup version of dextromethorpan is extremely difficult to just drink
a whole bottle of, whereas the sugary cough melts are pretty much
similar to candy). I went off the Adderall on approximately
August 2, 2011. I went of the Wellbutrin in July 2011, right after
the breakup of a four and half year. Okay, I went and found the
records and am attaching them to this email. I wondered whether
the switch from Vyvanse to Adderall coincided with my getting
fired from Washoe Legal Services, but actually, it does not appear
to have. I was suspended on April 20th, 2009 from WLS. Then,
my termination date was May 12th, 2009. I only started taking
Adderall instead of Vyvanse on June 13th, 2009. I was wondering
if I became more irritable upon starting Adderall instead of
Vyvanse and though maybe that cause the problems with the family
court Judge during the March 2009 trial and then with Washoe
Legal Services. I am actually kind of relieved to see their does not
appear to be a causal connection given the chronology. I think I
just felt WLS was a bit of a dead end job for me, was ruining my
work ethic and motivation, and was, perhaps, an environment where
white males had to conform to a certain prototype to fit in, one
which I was not entirely at home with.
You can see I filled one prescription for Campral. See this forum
for evidence that tolerance to Adderall is sometimes thought to be
counteracted by a class of medications that includes Campral,
Dextormethorphan (DM is also being used to treat chronic pain
patients in some experimental studies), etc.:
http://addforums.com/forums/showthread.php?t=36078
http://www.ncbi.nlm.nih.gov/pubmed/10875724
I recall researching this in an attempt to be ultra cautious in
my use of Adderall.
My chronic pain levels seem to be much, much, more manageable
when I am taking Wellbutrin and Adderall. I believe that the
chronic upper back pain I dealt with for years was due, in part, to
emotional/mental stress related to not appropriately addressing my
ADHD and the spotty use of antidepressants I exhibited during
those years (if my Dad and I were getting along, I would get
Wellbutrin from him for free, if we weren't, I would rarely secure
my own health insurance or pay out of pocket for that
antidepressant, but would rather "rough it" to save money). When I
went off the Wellbutrin and Adderall, the chronic pain returned,
plus, I was basically in the early stages of a "divorce" from Melissa
(whom I dated and lived with since April-ish 2007 until May 17th,
2011. Melissa and I had been fighting since we moved into the
home/office on River Rock on February 20th, 2010. From probably
June 2010 until she moved out on May 17th, 2011, we fought
almost daily, sometimes in a fairly hostile way (I was never
physically violent with her, but she got a bit with me). I was
existing on $400 a week in unemployment benefits, receiving them
for 99 weeks. I actually worked quite hard the entire time. I
learned a lot about a lot of different things, including some things
related to the business of law, practice management, employment
law, computers, software, hardware, cars, home improvement, I did
focus on music for about 6 months straight (though I always
continued to apply for jobs and send out resumes during this 99
weeks...Washoe County had 15% unemployment during those 3
years and jobs were in short supply and starting my own law
practice seemed overly risky), and I was basically Melissa's maid
and helper with proofreading her schoolwork for a couple years (in
because Melissa is in New York City right now and still hasn't paid
Carly or Mom back(she also went in September 2011, and we were
supposed to go in July 2011, bought the tickets and everything
$450, but her Aunt decided to change her travel to Ireland dates, so
I basically lost that $450 due to the change fees Delta and American
charge-Melissa bought the tickets and did not think to utilize
Southwest...). Melissa also made off with at least one and possibly
two months of my rent contribution that I gave her to give the
landlord, plus, she didn't pay the landlord her contribution for May
2011, June 2011, etc. However, as in all 4.5 year relationships,
things get blurry, etc., and she is a wonderful person.
SOMETHING PRETTY INTERESTING:
One thing I note from the prescription history is I filled a
Buproprion (note, I am using the terms Buproprion and
Wellbutrin interchangeably) script on 3/18/09, then did not fill
another one until 5/4/09...meaning a period of some 16 days
or so where I was either out of Buproprion or did not take it
or took less than my typical dose. I was suspended from
WLS on 4/20/09. My final termination date was 5/12/09.
That is pretty interesting. I seem to recall sometimes when
my script for Buproprion ran out and there could be some lag
time getting the doctor to fax a renewal to the pharmacy, and
I believe at one point during the past couple years I
complained to the pharmacy and the doctors office about an
extended delay in getting my prescription renewed and filled
and I specifically took them to task about the dangers of
patients suddenly going of there antidepressants and recall
being upset about what I perceived to be the doctor's office's
or pharmacies negligence in so renewing the prescriptions. I
Close
Zach Coughlin
PO BOX 3961
Reno, NV 89505
Tel 775 338 8118
Fax 949 667 7402
ZachCoughlin@hotmail.com
From: zachcoughlin@hotmail.com
To: tcoughlinmd@hotmail.com; davidc@nvbar.org; patrickk@nvbar.org; glennm@nvbar.org;
marybarkbark@yahoo.com
Subject: Apology and Zach Coughlin prescription medications information
Date: Mon, 14 May 2012 12:37:17 -0700
D ear
I am sorry for all the hurtful things I have said and done in the last
year. I haven't been on my Wellbutrin/Buproprion antidepressant
"'''
1
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Department 2
"
CASSANDRA JACKSON
Court Administrator
JUSTIN ROPER
Chief Marshal- Department
of Alternative Sentencing
,
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Department 4
Affidayit
: !,.
Signature
State of Nevada
County of Washoe
4-\\-\
Date
SS
dtHlt .f>
day of-'--'.......
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1.012..
01865
FILED
APR 22 2014
12
FILID
RENO MUNICIPALcCOURT
DEPT. NO.3
APR -1 201~
i1<' :
T1ME:wr-_ _ _ _ __
BY
4
5
...............
8
9
CITY OF RENO,
10
11
Plaintiff,
ORDER OF DISMISSAL
vs.
12
13
Defendant.
______________________
~I
14
15
16
IT IS SO ORDERED.
18
20
21
22
23
24
25
26
27
RENO
Reno,"",""
(7II2)3u-mo
interest of justice, that this case be, and hereby is, DISMISSED.
17
19
MUNICIPAL COURT
IT IS THE ORDER OF THfS COURT, for good cause appearing and in the
28
.&~~~
. Dorothy NaSlfOfmes
. .
Municipal Judge
..
'
- '
ceBTIEICAIE OF SERVIQfi
Pursuant to NRCP 5(b), I certify that I am an employee of the Reno Municipal Court,
Reno, Nevada, that I am over the age of 18 years and not a party to the above action, and that
on this date, served a true and correct copy of the attached document to the following as set
forth below:
...L Placing said document in a sealed envelope and placed for collecting and mailing by
Unites States mall in Reno, Nevada, postage prepaid, following ordinary business
practices.
Facsimile (FAX)
...L
(776) 3343822
1
2
FILED
APR -7 2014
~~E<tk:::
Dept. 3
..
8
9
CITY OF RENO,
10
11
Plaintiff,
ORDER OF DISMISSAL
vs.
12
13
Defendant.
________________________
~I
14
15'
16
IT IS SO ORDERED.
18
20
21
22
23
24
25
26
27
RENO
1'.0.8011_
A.no,~UI06
~33f.D80
interest of justice, that this case be, and hereby is, DISMISSED.
17
19
MUNICIPAL COUFtT
IT IS THE ORDER OF THIS COURT, for good cause appearing and in the
28
=~~
Municipal Judge
CEBIIEJCAIE OF SERVICE
Pursuant to NRCP 5(b), I certify that I am an employee of the Reno Municipal Court,
Reno, Nevada, that I am over the age of 18 years and not a party to the above action, and that
on this date, served a true and correct copy of the attached document to the following as set
forth below:
-L Placing said document in a ".Ied envelope and placed for collecting and mailing by
Unites States mail in Reno, Nevada, postage prepaid, following ordinary business
practices.
Facsimile (FAX)
-L
Reno, NV 89106
(776) 334-3822
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COUGHLlN.ZACHARY B
3/11/2013
NNAMHS Med Clinic Adult
PATIENT NAME:
PATID:
282636
CHART NO.:
282636
ADMISSION DATE:
PROGRAM:
EPISODE NO.:
EVALUATION DATE:
3/11/2013
Status: Final
General Information
SOURCE OF INFORMATION:
CHIEF COMPLAINT:
Patient History
Pt reports he has been off Wellbutrin and Adderall for several days. His
mood worsened, he is more often tearful, especially when thinking about his lost
relationship. He has poor attention and concentration. He can not watch long movies as he
gets distracted. He has a hard time sustaining a conversation, unless he is extremetly
interested in the subject. He pays little attention to details, disorganized, often late for
important appointments (court). He is impulsive, acts quick before thinking (took
somebody's cell phone on the street impulsively). Forgets to pay bills on time. From the
examples he gave about getting in trouble at work, it sounds like he voices his opinion
before thinking of a more appropriate way to phrase it.
He denied sx of anxiety, obsessions or compulsions, psychosis, eating dlo
Pt reports sexual problems. He believes it is due to narcotics he used 7 years ago. He
takes a long time to reach orgasm, which was not the case prior to him starting the
medications
PRESENTING ILLNESS:
Pt was seeing Dr. Rasul for "adhd and mdd", who provided him with
medications. He had some counseling back in law school for "emotional problems". He was
seen at NNAMHS on May 2012 for Mental Health Court, but became argumentative to the
point that he could not complete an evaluation.
Past meds: Paxil (made him sweat), Prozac (sexual SE), Effexor,
Vivanse, strattera (both no effect)
Neurontin for chronic pain
PSYCHIATRIC HISTORY:
MEDICAL HISTORY:
COUGHLlN.ZACHARY B
3/11/2013
NNAMHS Med Clinic Adult
PATIENT NAME:
PATID:
282636
CHART NO.:
282636
ADMISSION DATE:
PROGRAM:
EPISODE NO.:
EVALUATION DATE:
3/11/2013
Status: Final
15 arrests since 2011. The first one was for petty larceny. He saw somebody
screaming they will through out the cell phone, he took it and then PO was called. He
stated he should have given it back rightaway, but got scared that they will have evidence
against him and did not. He was evicted from his apartment several times, has
tresspassing charges, also being late for court. He spend several days in jail because his
family would not bail him out.
LEGAL HISTORY:
Adderall 30 mg BID
COMMENTS ON NON-PSYCHOTROPIC MEDS:
None
NKDA
ADVERSE REACTIONS:
denied
Addictive Behavior
ADDICTIVE BEHAVIORS:
Denied
PATIO:
282636
EPISODE NO.:
CHART NO.:
EVALUATION DATE:
282636
3/11/2013
Status: Final
Mental Status Exam
THOUGHT CONTENT/PROCESS:
A+Ox3
LEVEL OF CONSCIOUSNESS/ORIENTATION:
MEMORY FUNCTION:
INTELLECTUAL FUNCTION:
JUDGEMENT/INSIGHT/IMPULSE CONTROL:
Admission
314.00 ATTENTION-DEFICIT/HYPERACTIVITY DISORDER
PREDOMINANTLY INATTENTIVE TYPE
TYPE of DIAGNOSIS:
PRINCIPAL DIAGNOSIS:
AXIS I:
Primary:
Secondary:
AXIS II:
Primary:
AXIS III:
Primary:
AXIS IV:
AXIS
Econ.
Educ.
Health
Housing
Legal
Occup.
Support
Social
Other
Yes
No
Yes
Yes
Yes
Yes
Yes
Yes
No
v:
Current GAF:
,"
~~)'
30f4
COUGHLlN.ZACHARY B
3/11/2013
NNAMHS Med Clinic Adult
PATIENT NAME:
PATID:
282636
CHART NO.:
282636
ADMISSION DATE:
PROGRAM:
EPISODE NO.:
EVALUATION DATE:
3/11/2013
Status: Final
Pt reports clear sx of inattention and impulsivity. It's unclear how much better those are
when he is on meds. In addition, he has multiple interpersonal conflicts. It could be due to
impulsivity secondary to ADHD (he blurts out things that are inappropriate or rude). It is
also possible that he has baseline irritability as part of a mood disorder, which makes him
appear arrogant and rude. Another possibility is a personality disorder (borderline vs
narcissistic, vs histrionic, possibly obsessive-compulsive). More info needed. Social
difficulties could be a result of a POD, mild form.
Start pt on Adderall 30 mg BID (gave 2 wks supply) and Wellbutrin SR 300 mg daily. Will
re-evaluate pt in 2 weeks when he is on meds. He already had an evaluation for individual
counseling, would follow up. Will attempt to get collateral info regarding his social
difficulties.
Electronically signed:
Completed by: STEPANOVA,EKATERINA
M.D.
Date: 3/11/2013
Time: 12:22 PM
Duration: 5
Duration: 5
Duration: 60
Duration: 30
1
2
3
Electronically Filed
Jun 06 2014 08:54 a.m.
Tracie K. Lindeman
Clerk of Supreme Court
4
5
6
7
8
IN RE:
ZACHARY BARKER COUGHLIN, ESQ.
10 NEVADA BAR NO: 9473
9
11
12
13
)
)
)
)
)
)
)
)
Case 62337
14
COMES NOW, ZACHARY BARKER COUGHLIN by and through his attorney, ZACHARY
15
16
BARKER COUGHLIN, ESQ. and hereby requests permission to file this Opposition to the SBNs
17
6/3/14 Response and apprise this court of his Petition for Reinstatement Pursuant to SCR 111(10) in
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65587.
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FACTS:
Perhaps most important of all to note is the fact that the SBN failed to even get into evidence
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in the matter now on appeal in 62337 that there was any conviction for either petit larceny or criminal
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trespass. FHE 12 and 13 simply were not admitted and Kings splatter paint shot gun carpet bombing
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As such, a clearly motivated Panel was forced to purport that Coughlin had not filed a verified
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answer or response, and therefore, the SBNs Complaint could be deemed evidence. Indeed, the
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Panels 12/14/12 Findings of Fact; Conclusions of Law points to nothing beyond the Complaint
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itself for proof of any petit larceny conviction, and nothing beyond a controverted assertion by
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Docket 62337 Document 2014-18375
hostile/biased witness Richard G. Hill, Esq. that there existed any criminal trespass conviction. So
whether or not some petit larceny conviction was affirmed on appeal, and whether Judge W. Gardner
has rescinded the recent Order by Judge Holmes vacating any criminal trespass conviction really is of
no import here as Asst. Bar Counsel King simply failed to meet his burden to prove any such
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convictions exist.
There are plenty of things Coughlin wishes he had argued and wishes he had gotten into
evidence at the formal disciplinary hearing of 11/14/12. And King got 5.5 hours to put on his case
compared to the Panel only giving Coughlin 2.5 hours to put on his and denying him the right to call
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Judge Holmes, Richard G. Hill, Esq., etc. in Coughlins case in chief, and denying Coughlin any
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time, much less the purportedly order fifteen minutes per side to conduct a cross-examination of
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himself despite the SBN being given 45 minutes, at least, to conduct a direct examination of
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Coughlin.
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So, the SBNs OBC must be held to what it proved, and what it did not prove. As such,
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extended discussions of whether some petit larceny conviction was affirmed or not really is
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license to practice law, has now been suspended for over two years due solely to an automatic
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temporary suspension pursuant to SCR 111(6). To be clear, the disciplinary board never filed an
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SCR 102 petition to obtain a temporary suspension of Coughlins law license, and, necessarily,
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Coughlin never received any pre-deprivation hearing connected thereto. Further, neither the SBNs
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8/23/12 SCR 105 Complaint nor anything filed thereafter nor any argument made as the 11/14/12
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formal disciplinary hearing ever moved to continue Coughlins temporary suspension (from 60838)
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Well, unless one counts Kings writing at page 6:1-3 of his Complaint: 3. That pursuant
to Supreme Court Rule 102, such disciplinary action be taken by the Northern Nevada Disciplinary
Board against Respondent as may be deemed appropriate under the circumstances. Of course, SCR
102 does not allow for a disciplinary board, much less this Panel1, to enter temporary orders of
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suspension. Thats because a law license is importantand not just to the attorneyit (and the
attorneys possessing them) are important to the public. Making law licenses too easily suspended
weakens the legal system dramatically. There is simply too much competition and static out there to
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allow otherwise. If a bunch of attorneys (mostly prosecutors and others with economic interests (like
NNDB Members Hill, Kandaras, and Hahn2/WLSs Elcano, the well paid Reno City Attorneys
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Office deputies, etc) can just go merrily about suspending anyone who has a position contrary to their
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own then you get what we have herethe Reno City Attorneys Office running to the SBN to co-sign
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its unsupportable citations to NRAP 9 and State v. Hill, Barkley, and Mitchell (which RCA Roberts
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neglected to even trot out when she viewed Coughlin as opposing counselinterestingly) with
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respect to its contention that NRS 189.030(1) somehow can be ignored or re-imagined to allow for
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shifting the burden to file the transcript (the trade off for not having to provide a trial de novo in the
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http://www.scribd.com/doc/225900173/2JDC-Judge-Polaha-on-NRS-189-030-1-RMC-MustFile-Transcript-Prior-to-Payment-by-Defendant-s
http://www.scribd.com/doc/225900176/RCA-Hazlett-Stevens-RPC-3-1-Violation-Re-NRS189-030-1-Transcript-Requirement-Citing-Mitchell-and-NRAP-9
Coughlin did not steal any candy bar and some cough drops from Walmart (though it would
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certainly be easier and more convenient for Coughlin to now lie and assert that he did steal such),
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and, regardless, the conviction for such was not affirmed on appeal (though the SBN and Reno City
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Attorneys Office keep trying to legislate away NRS 189.030(1) (which can not be done given
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Nevadas Constitution expressly imbued the Legislature with the exclusive authority to enact
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procedural rules for appeals from justice and municipal courts of record to the district courts in
Art 6. Sec. 8.
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8, there is a constitutional provision prohibiting even NRAP from overriding NRS 189.030(1)s
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requirment that the justice file the transcript with the district court:
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terms of office and jurisdiction of Justices of the Peace; appeals; Courts of Record...The
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Legislature shall also prescribe by law the manner, and determine the cases in which appeals
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8. Number, qualifications,
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AMJUR Courts 51. Limitations on authority The state constitution may grant the
legislature limited authority to make procedural rules where necessary.[FN1] The state's
supreme court cannot contradict the state constitution by court rule.[FN9] The court also
may not promulgate rules in order to diminish constitutional rights,[FN10] A trial court is
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without authority to adopt local rules or procedures that conflict with statutes or with
rules of court adopted by the Judicial Council, or that are inconsistent with the
Constitution or case law. Elkins v. Superior Court, 41 Cal. 4Th 1337, 63 Cal. Rptr. 3D 483,
163 P.3D 160 (2007).
[FN1] R. E. W. Const. Co. V. District Court of Third Judicial Dist., 88 Idaho 426, 400
P.2D 390 (1965). [FN9] Sackett v. Santilli, 146 Wash. 2D 498, 47 P.3D 948 (2002); State v.
Saintcalle, 309 P.3D 326, 349, Wash. [FN10] City of Auburn v. Brooke, 119 Wash. 2D 623,
836 P.2D 212 (1992).
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Coughlin filed Motions to Dismiss the SBNs Complaint at issue in 62337 based on lack of
service of the Complaint, then, under protest, filed a Verified Response and or Answer to the
Complaint plainly denying, under oath, each and every allegation in Kings 26 (sicsuch skips
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place attorney on inactive status, pending investigation of, and action upon, disciplinary charges. 80
A.L.R.4th 136.3
Further, RMC Judge Howard failed to find that Coughlin possessed any intent to commit
larceny, but, rather, merely found that Coughlin failed to "purchase" "a candy bar and some cough
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drops". As such, even where there still a conviction, such would not be a "serious crime" given the
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requisite specific intent was not proven. Further, SCR 111(6) and Sloan seem to contemplate that the
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http://www.scribd.com/doc/228372827/3-10-14-to-4-22-14-Couglin-s-Handwritten-Filingsin-Jail-in-Disbarment-Appeal-in-62337
http://www.scribd.com/doc/228375119/8-13-13-SCR-102-4-d-and-SCR-111-7-Petition-toDissolve-Temporary-Suspension-61462-in-Re-Coughlin-77-Pages
http://www.scribd.com/doc/228375239/5-7-14-65587-Coughlin-Petition-for-ReinstatementSCR-111-10-Stamped
http://www.scribd.com/doc/228374844/5-22-14-Supplemental-Petition-for-Reinstatement65587-14-16680
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Coughlin timely moved for an extension of time to file his Opening Brief in this matter.
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Coughlin filed his Brief on 3/14/14. The SBNs Answering Brief was due 4/14/14. The SBN has
failed to file a brief, and failed to move for an extension of time to do so, much less timely move for
such an extension. Asst. Bar Counsel Machado, whom heretofore has had no connection to this
matter, filed the SBNs Response on 6/3/14, and at many points therein admits he lacks much in the
way of knowledge about this case. However, that did not stop Machado from making many
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inflammatory allegations, largely premised upon unsworn hearsay, whilst providing absolutely no
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For instance, the SBNs 6/3/14 Response reads: Coughlin's claim that his conviction (as to
60838 petty larceny conviction) was not affirmed on appeal is false and Coughlin knew or should
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have known of its falsity when he filed his notice on April 22, 2014.
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Actually, Coughlins Notice of Appeal clearly appealed both the 11/30/11 Judgment of
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Conviction and Court Order as well as the 11/30/11 Order Punishing Summary Contempt.4 Such
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contempt order notes it is against Coughlin the defendant, not Coughlin the attorney representing a
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client. As such, Pengillys mandate that any challenge to such a contempt order by a sanctioned
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attorney ought come by way of petition for mandamus is inapplicable. Regardless, the district court
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has the jurisdiction and discretion to treat a notice of appeal of such a summary contempt order as a
petition for writ of mandamus.
Machado does not even seem to be aware of the fact that Judge Elliott merely affirmed the
rulingwhich even RCA Sooudi admitted to Coughlin he was unsure whether such was in
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reference to the Order Punishing Summary Contempt or the Judgment of Conviction and Court
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Order. RCA Sooudi also had to admit to Coughlin that he was stumped as to why the district court
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judge would remand for all further proceedings (plural) if, consistent with Sooudis contention,
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such was done merely to impose the fine (sentence). RCA Sooudi also admitted to Coughlin that he
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had no answer for the fact that NRAP 1 clearly spells out that NRAP only applies to appeals to the
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Nevada Supreme Courtwhich makes rather puzzlingly the district court judges later 8/27/12 Order
claiming he was divested of jurisdiction to even address Coughlins NRAP 40 Petition for Rehearing.
(The SBNs 6/3/14 Response indicates: Further, Coughlin moved for a new trial, but the
court denied the motion. The Reno Municipal Court case docket for this matter and the Order
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Denying Appellant's Motion for a New Trial are attached hereto as Exhibit 4.)
Coughlin filed a timely functional equivalent of an NRAP 40 Petition for Rehearing5 (arguing
that the RMC had failed in its duties to transmit that required of it under NRS 189), which the district
court judge then refused to adjudicate, indicating in his 8/27/12 Order6 denying such that: On March
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15, 2012, this Court entered an Order denying the Appeal and affirming the decision of the Municipal
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Court. This Court no longer has jurisdiction over this case and the Appellant's Motion for New
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Trial is moot.. However, NRAP 40 provides that Coughlin is to have 18 days to file such after any
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order disposing of his appeal, and that remittitur shall not occur until the passing of such period of
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time. Judge Elliott, after all, invoked NRAP 28, 30, and 32 in affirming the ruling of the RMC.7
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A loose but apt analogy may be found in our criminal practice. A Rule 59(e) motion is the
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functional equivalent of a motion for a new trial or, on appeal, of a petition for rehearing." Bruce
v. 2. Bruce, 587 So. 2d 898, 903 (Miss. 1991)).
A case from Utah, Falkner v. Lindberg, 288 P. 3d 1097 (Utah 2012)8 is instructive here,
especially where Utahs Rules of Appellate Procedure parallel NRAP 1 in specifying the
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applicability of such to certain courts of which neither the court there nor the court here (ie,
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NRAP does not apply to appeals from the justice courts (or, as here, from a municipal court that is
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allegedly a court of record) to the district court), are included amongst and as to whether the
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relationship between remittitur and jurisdiction, concluding that remand to the justice court does not
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necessarily divest the district court of jurisdiction. However, one key distinction between such and
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the issues arising here is that this Utah case did not involve a question of whether a district
court, borrowing the jurisdictional principles from a set of rules of appellate procedure that do
not apply to it (but, rather, to high courts in such state) may apply one such rule where such
expressly contradicts a statute requiring the filing of the transcript by a justice or municipal
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court of record with the district court, as NRS 189.030(1) plainly does in Nevada:
Even after a remittitur returns jurisdiction to the lower court, the appellate court may retain
limited jurisdiction over certain matters, particularly where constitutional rights are implicated.
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Coughlin has to proceed with all the ambiguity dealt him, combined with dealing with the, uh,
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spin giving to the plain wording of the Nevada Constitution and statutes like NRS 189.030(1) by
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some. As such, even where the district court judges 3/15/12 Order Affirming the Ruling of the RMC
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is not clear which ruling it was affirming (The Judgment of Conviction? The Order Punishing
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Summary Contempt?
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http://www.scribd.com/doc/225900173/2JDC-Judge-Polaha-on-NRS-189-030-1-RMCMust-File-Transcript-Prior-to-Payment-by-Defendant-s
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Further, compare Judge Elliotts Order Affirming the Ruling of the Reno Municipal Court
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in Coughlins case in CR11-2064 (where Elliotts Order is not clear as to whether it is affirming the
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Order for Summary Punishment of Contempt or the Judgment of Conviction and Court Order or
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some other ruling), to Judge Elliotts standard phraseology in the following, where the term
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conviction is specified and where there is no remand for all further proceedings as there is in
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his 3/15/12 Order in Coughlins case, where the RMC failed to file the transcript as required by NRS
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http://www.scribd.com/doc/225900174/2JDC-Judge-Elliott-Order-Affirming-Appellants-Conviction-Compare-to-CR11-2064-Order-Affirming-Ruling-of-the-RMC
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It is real clear from the plain text of NRS 189.030(1) that the justice (or municipal court judge
where a court of record is involved) must file the transcript within 10 days of the filing of the notice
of appeal, regardless of whether the defendant (much less the indigent criminal defendant) has paid
for such up front:
http://www.scribd.com/doc/225901665/Legislative-history-NRS-189-030-1-189-050-SB2671979-2064-22176-60838-ocr
http://www.scribd.com/doc/225900171/NRS-189-030-1-2JDC-Judge-Flanagan-ApplyingCivil-Rules-of-Procedure-to-Excuse-RMC-s-Failure-to-File-Transcript
Its pretty, uh, interesting to consider that Judge Elliott failed to recuse himself9 (much less
even divulge his being the President of WLSs co-defendant CAAWs Executive Board10) where
presiding over Coughlins wrongful termination suit in CV11-01955 (see 60317), when considering
the view of Elliotts 3/15/12 Order Affirming the Ruling of the RMC the Reno City Attorney and
SBN wish one to take (ie, that such was not obeying NRS 189.030(1), and NRS 189.035, 189.050)
http://www.scribd.com/doc/225900172/2JDC-Judge-Elliott-Order-Granting-Motion-toDismiss-Without-Prejudice-NRS-189-030-1
http://www.scribd.com/doc/225900176/RCA-Hazlett-Stevens-RPC-3-1-Violation-Re-NRS189-030-1-Transcript-Requirement-Citing-Mitchell-and-NRAP-9
The OBCs Machado also writes: The court order relied upon by Coughlin is titled "Order
Affirming Ruling of the Reno Municipal Court." See Exhibit 1. The district court, on page 3 of this
order, specifically affirms the Reno Municipal Court's finding that Coughlin was guilty of Petit
Larceny in violation of Reno Municipal Code 8.10.040. The district court then remanded the matter
for all further proceedings.
Actually, that is not true. Far from it. Nothing specific to the finding of one being guilty
of Petit Larceny compared to the ruling found in the municipal court judges Order Punishing
Summary Contempt. Here is what page 3 (emphasis added) of such order actually reads in its
entirety (nothing specific to a Judgment of Conviction and Court Order compared to an Order
Punishing Summary Contempt about it):
his burden in providing an adequate appellate record, and this Court must affirm
the ruling of the Reno Municipal Court. fn1 NOW, THEREFORE, IT IS HEREBY
ORDERED that the ruling of the Reno Municipal Court is AFFIRMED. IT IS FURTHER
ORDERED that this matter is remanded back to the Reno Municipal Court for all further
proceedings. Dated this 15th day of March, 2012 /s/ Steven P. Elliott District Judge
(Fn 1: 1 It is worth noting that, pursuant to NRS 4.410(2), "[T]he fees for transcripts
and copies [of municipal court proceedings] must be paid by the party ordering them. In a
civil case the preparation of the transcript need not commence until the fees have been
deposited with the deputy clerk of the court." Accordingly, NRS 189.030, Which requires
the municipal court to transmit various papers to the district court upon appeal, does not
require action until such fees have been paid. Here, it appears that Appellant never paid
the requisite fees to secure the transcription of the proceedings. For this reason, the
appellate record is incomplete. )
Interestingly, the OBCs Machado then slips up and adopts the dismissed terminology
himself: In summary, Coughlin's criminal conviction for theft which formed the basis for the SCR
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111 Petition in Supreme Court Case No. 60838 has not been dismissed. Coughlin is attempting to
mislead this Court by claiming otherwise whilst elsewhere claiming ineffectual the 4/8/14 Order
of Dismissal by Judge Holmes in the criminal contempt case (11 TR 26800 from which Machado
attaches the 3/12/12 Order as an exhibit to his 6/3/14 Response) forming the heart of the SBNs SCR
105 Complaint (or, at least, certainly, the heart of the Panels Recommendation, which finds at
most one actual RPC violation (RPC 3.3(a)(1) at R1362:18-23, and, perhaps, a quasi RPC 8.4(c)
violation at R1367:11-12 stemming from the exact same alleged conduct). The entire case was
dismissed on March 29, 2013, as reflected in the Order of Dismissal dated April 7, 2014. See
Exhibit 7.
Machado continues: As noted above, Reno Municipal Court Case No. 11 TR 26800 21,
which concerned traffic violations, was dismissed. The matter was also considered by the hearing
panel. However, the panel's findings reflected a concern over Coughlin's behavior11 at the trial for
the matter, not the underlying charges themselves. See Exhibit 10 at 3-5. These concerns included
Coughlin being found in contempt of court and being incarcerated for five (5) days. See id. at 3-4 TT 78; see also Exhibit 11, Order, filed March 12, 2012. The hearing panel also noted that Coughlin filed
nonsensical pleadings in the matter and Coughlin's conduct was described as "inappropriate,
bizarre, dishonest, irrational and disruptive . . . ." See Exhibit 10 at 4-5 TT 10-11.
The dismissal of the charges in Reno Municipal Court Case No. 11 TR 26800 21 did not
vacate the Municipal Court's finding of contempt nor did it excuse Coughlin's behavior during the
proceeding. Accordingly, the disciplinary proceeding is not impacted by the dismissal in Reno
Municipal Court Case No. 11 26800 21.
The OBCs prosecutor appears to want nothing to do with explaining how the dismissal12 of
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the case/conviction at issue in its fellow prosecutor Becketts case is any different than the dismissal
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of the case/convictions at issue in the two 4/8/14 Orders of Dismissal entered by Judge Holmes
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attached to Coughlins 4/22/13 Notice (which resulted in this Courts 5/16/14 Order requiring the
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6/3/14 Response the OBC recently filed. It certainly seems like these prosecutors have one set of
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rules for themselves (such as RCA Sooudi et al being permitted to constantly violate RPC 3.1 what
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with their constantly seeking to have appeals of criminal convictions dismissed based upon their
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meritless arguments that NRAP 9 and Hill, Barkley, and Mitchell v. State somehow excuse the failure
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of the City of Renos judges on the Reno Municipal Court bench to obey NRS 189.030(1) with
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respect to the requirement that the justice shall file the transcripts within 10 days of the filing of a
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notice of appeal.
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SCR 123(3) allows for comparing this matter to In Re Beckett case 57763:
http://caseinfo.nvsupremecourt.us/public/caseView.do?csIID=25910 . Mr. Beckett's case/conviction
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was dismissed on 1/21/11. On 2/14/11 Beckett filed Petition for Reinstatement Pursuant to SCR
111(10). Mr. Beckett's law license was reinstated six weeks later by an Order Granting Petition for
In Re Beckett case 57763 reveals that the Nevada Supreme Court (SCR 123(3) allows for
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citing to such) views the dismissal of a conviction as a basis for dissolving a temporary suspension
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"SCR 111(10) gives us discretion to reinstate an attorney whose underlying conviction has
been reversed. The petition is accompanied by a certified copy of a February 2, 2011, order
from the Pahrump Township Justice Court dismissing Case No. 10CR01587 with prejudice. In
light of the fact that the charge underlying our order of temporary suspension has been
dismissed with prejudice, and our previous determination that Beckett's California
misdemeanor conviction did not warrant imposition of a temporary suspension, we conclude
that there is no longer a basis for Beckett being temporarily suspended pending the outcome
of his disciplinary proceedings. We therefore grant the petition. Attorney Robert S. Beckett,
Bar No. 3383, is hereby reinstated to the practice of law pending the outcome of his
disciplinary proceedings."
http://caseinfo.nvsupremecourt.us/public/caseView.do?csIID=25910
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(The RMC Judges rather consistently ignore notices of appeal toowhich goes against, at least, that
1979 Atty Gen. Adv. Op: www.ag.nv.gov/uploadedFiles/agnvgov/Content/.../1979_AGO.pdf 13
Further, it simply is not true, much less an ethical display, for the SBN to adopt the position
RCA Sooudi tried to sell to Coughlin (ie, that the case in which Holmes issued a criminal contempt
conviction against Coughlin was dismissed on 3/29/13). A close look at that one sentence Order of
Dismissal of 4/8/14 reveals absolutely no mention of such case having been dismissed on
March 29, 2013. Additionally, a simple look at the docket from such case reveals nothing about
a dismissal on 3/29/13, but, rather, merely notates that the active bond that was the $100.00
Coughlins mother testified to14 the RMC having taken but then having failed to release Coughlin a
day early, as having been exonerated.
Further, not that it has any real relevance here, but the SBN ought be made to have WLSs
Elcano and the Reno City Attorneys Offices Sooudi sign affidavits rather than attach emails that the
SBN purport to be from them. Further, an email from Elcano claiming Coughlin to not then be an
WLS employee is not the same thing as a claim that WLS had not rehired Coughlin at the time
Coughlin made such claim (which was made under oath, in a signed, sworn Declaration, as opposed
to the innuendo/hearsay parade the SBN engages in here).
Respectfully submitted DATED this 6/6/14
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1. I am subject attorney in the above-referenced matter, have personal knowledge of the facts
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contained herein and am competent to attest thereto, and I hereby declare that all assertions I have
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made herein are true and correct to the best of my knowledge. Everything I have linked to herein
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I HEREBY CERTIFY that on June 5, 2014 a true and correct copy of the foregoing document
was submitted for electronic filing to be electronically served upon the State Bar of Nevada's Patrick
O. King and or David Clark:
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Zach Coughlin,
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and you get those whom are contracted to provide access to legal tools to those whom are
incarcerated willfully violating the 1993 NVD Consent Decree (CV-N-91-65-ECR) requiring as
muchand you get the Sheriff/WCDA/RCA/RJC/RMC ignoring the fact that the Legislature
requires the passing of 24 hours per NRS 40.253 from the tenants receipt of a summary eviction
removal order prior to the Sheriff conducting a lockout, and you get judges like the RMCs Howard
willfully violating ADKT 411 in denying indigent defendants counsel, ruling on such applications
whilst being the presiding judge, refusing to obey the requirement of NRS 189.030(1) that the
justice file the transcript with the district court within 10 days of a notice of appeal being filedand
you get judges like the RMCs Howard and W. Gardner violating NRS 178.415s mandatory stay
during the pendency of orders for competency evaluations like that by Judge Holmes of 3/12/12
(which the SBN laughably interprets to somehow support its contention that the trespass conviction
would somehow still be in existence had there not been a 4/8/14 Order vacating such. It is entirely
unclear how Judge W. Gardner could know such was a clerical error? Certainly, the municipal and
justice court judges step in for one another from time to time on each others cases (see RJC Judge
Cliftons having RCR2012-065630 transferred to him from Judge Lynch on 2/27/12, or RMC 12 CR
00696 being transferred from Judge Dilworth to Judge Holmes by Judge W. Gardner on 2/27/12).
Why not have the judge whom entered such Order enter something saying as much? Perhaps, Judge
Holmes was annoyed that Judge W. Gardner passed her a vacated 4/13/09 Order (vacated by 6/19/09
Final Decree of Divorce) sanction against Coughlin by his sister without telling Judge Holmes that
such had been vacated. Judge Holmes probably would have appreciated that knowledge before
having it sent to the SBN with her 3/14/12 letter (see FHE8).
http://www.scribd.com/doc/228404516/6-19-09-0204-62337-Ocrd-01955-01168-FOFCOLDODFinal-Order-or-Decree-of-Divorce-in-Joshi-01168-Overrides-FHE3-4-13-09-Ord
Consistent with the 4/13/09 Order After Trial directing him to prepare a proposed Final Decree
consistent with such order in FHE3, opposing counsel in that Joshi divorce matter (the one whom
failed to attempt the 21 day filing ready safe harbor motion required by NRCP 11 (by way of NRS
7.085) prior to moving for sanctions in his closing argument at trial (Springgate) even submitted a
Proposed Final Decree of Divorce that included the attorney fee sanction:
http://www.scribd.com/doc/228404700/5-21-09-0204-01168-Springgate-s-Req-for-Submission-andProposed-Order-That-Was-Entered-Vitiating-the-Order-of-4-10-09
However, again, the Final Decree of Divorce vacated such sanction, and, instead, awarded the very
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imposed was to be consolidated and or combined with the formal disciplinary proceedings
to follow from the 8/23/12 SCR 105 Complaint King filed, but never served Coughlin with. King
went so far as to order SBN Clerk of Court to vacate the already scheduled, noticed, and on
calendar 9/25/12 formal hearing to be held in response to this Courts 6/7/12 SCR 111(8) mandate in
60838.
The combining of such formal hearing (and, necessarily, the adjudication to follow therefrom)
required by SCR 111(8) in connection with the temporary suspension of Coughlins law license and
that at issue in the SCR 105 Complaint has now clearly resulted in an unconstitutional deprivation of
Coughlins protected Fourteenth Amendment property right (license to practice law) with no predeprivation hearing.
Simply put, this alleged conviction of petty larceny of a candy bar and cough drops has been given
more than enough run by now, resulting in over two years worth of temporary suspension
2
10/08/2013
Notice/Incoming
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13-30110
Generally, an attorney is entitled to reasonable notice of a disciplinary proceeding against him
or her, and an opportunity to defend. The general rule is that before an attorney may be
disciplined, as by suspension, whether under a statute or in the exercise of a court's inherent powers,
he or she is entitled to notice and opportunity to defend. Ordinarily, the right to defend is exercised
in a trial or hearing. In re Ruffalo, 390 U.S. 544, 88 S. Ct. 1222, 20 L. Ed. 2D 117 (1968); In re Jones,
506 F.2D 527 (8th Cir. 1974). Ind.Matter of Murray, 266 Ind. 221, 362 N.E.2D 128 (1977). Va.
Maddy v. First Dist. Committee of Virginia State Bar, 205 Va. 652, 139 S.E.2D 56 (1964). Kan.
Knutson Mortg. Corp. V. Coleman, 24 Kan. App. 2D 650, 951 P.2D 548 (1997).
Criminal activityTemporary suspension not appropriate
Finding that the particular criminal activities for which attorneys had been found guilty were not
necessarily serious crimes, the courts in the following cases held that temporary suspension from the
practice of law pending the completion of disciplinary proceedings was not warranted.
The court in Re Hutchinson (1984, Dist Col App) 474 A2d 842, held that the conviction of a
misdemeanor for violating a statute and regulation prohibiting the communication of non-public
information relating to a tender offer where it was reasonably foreseeable that the communication
would result in a fraudulent, deceptive, or manipulative act or crime, was not per se a serious crime as
that term is used in bar rules governing temporary suspension of attorneys, and thus immediate
suspension pending disposition of disciplinary proceedings was not mandated. The court observed
that under the rule, the term "serious crime" included any felony and any lesser crime a necessary
element of which, as determined by the statutory or common-law definition of such crime, involved
improper conduct as an attorney, interference with the administration of justice, false swearing,
misrepresentation, fraud, willful failure to file income tax returns, deceit, bribery, extortion,
misappropriation, theft, or an attempt to commit, conspiracy to commit, or solicitation of another to
commit, a serious crime.
The court stated that the offense for which the attorney in the instant case had been convicted
had five elements. These elements were, said the court, that the accused be in possession of
information relating to a tender offer; that he or she know, or have reason to know, that the
information was nonpublic; that he or she know, or have reason to know, that the information had
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been acquired, directly or indirectly, from the offeror or issuer or any agent of either; that he or she
communicate the information to another; and that it be reasonably foreseeable that the
communication would likely result in a fraudulent, deceptive, or manipulative act or practice in
violation of the regulation. Noting that no intent of any kind was required in order to be convicted
inasmuch as a negligent communication was sufficient, the court concluded that since the
components of the definition of a serious crime relevant to this case all involved intentional acts,
such as fraud and deceit, and intent was not a necessary element of the crime for which the
attorney was convicted, his offense could not be deemed a serious crime.[8]
An attorney was not convicted of a "serious crime" such that he could be temporarily
suspended from the practice of law pending final disposition of disciplinary charges where he
pleaded nolo contendere to conspiracy to commit the crime of being an accessory to a forged
conveyance, the court held in Sloan v State Bar, (Nev. 1986) 102 Nev. 436, 726 P2d 330. Noting that
the phrase "serious crime" was defined as any felony, or any crime less than a felony, a necessary
element of which involved improper conduct as an attorney, interfering with the administration of
justice, misrepresentation, fraud, deceit, or an attempt to commit, conspiracy to commit, or
solicitation of another to commit, a serious crime, the court, responding to the contention that the
attorney's conviction was based on fraudulent conduct and therefore was a serious crime,
concluded that the evidence clearly indicated that the attorney did not have knowledge of the
fact that the act that he was involved in (preparing documents for the transfer of equipment
that was later found to have been stolen) was fraudulent until at least 2 months after his
involvement.
Failure to provide presuspension notice and opportunity to be heardRights of
attorney violatedgenerally
The court in the following case held that a statute, which provided that whenever an
investigating committee recommended the filing of a complaint against an attorney, the attorney
stood suspended from the time the complaint was filed, was invalid insofar as the suspension was
not based upon any judgment or finding of the court, and was without trial or notice to the
accused.
In McMurchie v Superior Court (1923) 26 Ariz 52, 221 P 549, the court held that a statute,
which provided that whenever an investigating committee recommended the filing of a complaint
against an attorney, the attorney stood suspended from the time the complaint was filed, was invalid
insofar as the suspension was not based upon any judgment or finding of the court, and was without
trial or notice to the accused. Noting that an attorney in this situation was suspended by legislative
decree, the court stated that this was contrary to one of the cardinal principles of the administration
of justice, that no man could be condemned or divested of his rights until he had the opportunity of
being heard. The license of an attorney to practice his profession is acquired by order and judgment
of a court, after examination into his moral and intellectual qualifications, the court declared, adding
that an attorney could only be divested of that right by a like judgment of court, entered after due
notice and inquiry and opportunity to be heard, and based upon some conduct on his part which made
him unworthy to engage further in the practice of law.
Failure to provide presuspension notice and opportunity to be heardAs applied
Despite construing a statute which provided that at any time after charges were filed against an
attorney a court had the power, pending trial of the charges, to suspend the attorney, to include the
right to notice and a presuspension hearing, the court in the following case nevertheless held that it
was invalid as applied to an attorney who was suspended without such notice and hearing. See, also,
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Coughlins Notice of Appeal, Motion to Vacate and or Set Aside, JCRCP 59, JCRCP 60,
Motion for Reconsideration; Motion for Recusal; Motion For Publication Of Transcript at Public
Expense, Petition for In Forma Pauperis Status at pages 109-114 clearly indicates he is appealing
both the 11/30/11 Judgment of Conviction and Court Order and the 11/30/11 Order for Summary
Punishment of Contempt. http://www.scribd.com/doc/225490010/12-13-11-Final-0204-60838-RMC11-CR-22176-Notice-of-Appeal-Motion-to-Vacate-Motion-for-Reconsid-and-Motion-for-RecusalStamped-With-Exhbit-and-Pic-o See, also, page 571: The notice of appeal does and should apply
to the Summary Contempt Order as well, http://www.scribd.com/doc/225316199/12-23-11-to-9-813-0204-62337-all-filings-except-RMCROA-from-22176-in-2064-60838-ocr
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http://www.scribd.com/doc/225574773/3-26-12-NRAP-40-Functional-Equivalent-CR11-20642790430 At pages 916 to 993 of combined record.
6
That Judge Elliott 8/27/12 Order reads:
ORDER DENYING APPELLANT'S MOTION FOR A NEW TRIAL Presently
before the Court, is a Motion for New Trial, or Pled in the Alternative, Motion to Alter or
Amend filed by Appellant ZACH COUGHLIN ("Appellant'') on March 26, 2012.
Subsequently, on March 27, 2012, Respondent CITY OF RENO ("Respondent'') filed a
Motion to Strike Appellant's Motion for New Trial.
Following, on July 25, 2012, Appellant filed a Motion to Set Aside or Vacate
Conviction and or Order Affirming it. Thereafter, on July 26, 2012, Appellant filed a
Supplemental Motion to Set Aside or Vacate Conviction and or Order Affirming it. On that
same date, Appellant filed a Request for Submission, thereby submitting the matter for the
Court's consideration.
On March 15, 2012, this Court entered an Order denying the Appeal and affirming
the decision of the Municipal Court. This Court no longer has jurisdiction over this case
and the Appellant's Motion for New Trial is moot.
NOW, THEREFORE, IT IS HEREBY ORDERED that Appellant's Motion for a New
Trial is DENIED. DATED this 27th day of August, 2012. /S/ Steven P. Elliott District Judge"
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However, where NRAP clearly was applied here by the appellate judge, Coughlins' 3/26/12
filing operates as the functional NRAP 40 Petition for Rehearing, which the district court has refused
to adjudicate, claiming it no longer had jurisdiction upon entering its 3/15/12 Order Affirming the
Ruling of the RMC and remanding the matter.
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Recently, in In Re Hunter, 02-1975 (La.8/19/02), 823 So.2d 325, this court removed a judge
for reasons stemming from administrative incompetence evidenced by poorly organized case files,
missing portions of records, poorly drafted or non-existent minute entries, unsigned motions for
appeal, cases that had fallen off the docket, and failure to produce transcripts for appellate review
which resulted in the reversal of serious criminal convictions.
Misconduct, including judge's repeated failures to produce transcripts timely, accurately, or
frequently not at all, resulting in eleven appellate reversals of serious felony criminal convictions and
sentences for violation of the defendants' constitutional right to judicial review, and her continuous
lack of cooperation with the court of appeal in securing transcripts for appellate review, amounted to
willful and persistent failure to perform her duty to administer her court in professional and
competent manner, and conduct gravely prejudicial to administration of justice that brought the
judicial office into disrepute. LSA-Const. Art. 5, 25(C); Code of Jud.Conduct, Canon 3, subd. B(1),
8 LSA-R.S. In re Hunter, 2002-1975 (La. 8/19/02), 823 So. 2d 325
Judge Howard willfully refuses to comply with NRS 189.030(1)'s requirement that he file the
transcript with the district court upon a criminal defendant appealing his conviction.
NRS 189.030 Transmission of transcript, other papers, sound recording and copy of docket
to district court.
1. The justice shall, within 10 days after the notice of appeal is filed, transmit to the clerk
of the district court the transcript of the case, all other papers relating to the case and a certified
copy of the docket.
8
Falkner v. Lindberg, 288 P. 3d 1097 (Utah 2012): "Having analyzed supreme court
cases dealing with the relationship between remittitur and jurisdiction, we conclude that
remand to the justice court does not necessarily divest the district court of jurisdiction. We
further determine that the district court must retain jurisdiction for a reasonable time
sufficient to resolve appropriate postjudgment1 motions. Because the district court in this
case declined on an improper basis to exercise jurisdiction, we find it appropriate to grant
Falkner's petition for extraordinary relief and remand the case to the district court with
additional instructions for resolving Falkner's motion to reinstate.
I. We Look to the Rules of Appellate Procedure for Guidance in Analyzing the District
Court's Jurisdiction Over Appeals from Justice Court.
6 "[T]he appeals process from a justice court decision is unique" in that "[a] defendant
who has pleaded guilty or been convicted in justice court is entitled to a trial de novo in a
district court, provided that he or she files a notice of appeal within thirty days of the sentence
or guilty plea." Bernat v. Allphin, 2005 UT 1, 8, 106 P.3d 707. The hybrid nature of this
proceeding makes it difficult at times to determine what procedures might apply in situations
where no procedure is explicitly provided for in the context of appeals from justice court.
Falkner asserts that we should employ only the rules of civil and criminal procedure to
resolve the jurisdictional issue, while Judge Lindberg suggests that we rely on the Utah Rules
of Appellate Procedure. While the form of a trial de novo differs from that of a traditional
appeal, it is still considered an appellate proceeding,2 see id. 25, 30-32, and we therefore
find it appropriate to employ the rules of appellate procedure "as a model in the context of
justice court appeals," see Gordon, 2009 UT App 25, 22 n. 7. (NOTE, Gordon, provides:
While not applicable to appeals from justice court convictions, rule 23A's criteria justifying
reinstatement could serve as a model in the context of justice court appeals. Gordon did not
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address any of these possibilities in her motion to the district court or in the present
petition.)
II. An Appellate Court Does Not Necessarily Lose Juris-diction When a Case Is
Remanded to a Lower Court.
7 In support of her assertion that the district court lost jurisdiction upon remand, Judge
Lindberg points us to our decision in State v. Clark, 913 P.2d 360 (Utah Ct.App.1996), in
which we rejected a defendant's attempt to appeal his case after the appeal had once been dismissed for failure to prosecute, explaining that once the case was remitted, "this court lost
jurisdiction over the matter and the dismissal became an adjudication on the merits." Id. at
362-63. Judge Lindberg asserts that Clark stands for the proposition that a remand to a lower
court necessarily divests the appellate court of jurisdiction and prevents it from further
considering any issues relat-ing to the case.
8 However, additional case law from our supreme court suggests that there are at least
two circumstances where an appellate court may retain jurisdiction after a case has been
remitted to the district court. First, if a remittitur is premature, it cannot effectively return
jurisdiction to the lower court. See Hi-Country Estates Homeowners Ass'n v. Foothills Water
Co., 942 P.2d 305, 306-07 (Utah 1996) (per curiam) (determining that a remittitur issued
before a pending petition for certiorari was resolved did not serve to divest the Utah Court of
Appeals of jurisdic-tion). Second, even after a remittitur returns jurisdiction to the lower
court, the appellate court may retain limited jurisdiction over certain matters, particularly
where consti-tutional rights are implicated. See State v. Lara, 2005 UT 70, 21, 124 P.3d 243
(holding that the Utah Court of Appeals had jurisdiction to consider the voluntariness of a
defendant's withdrawal of his appeal despite having re-mitted the case to the trial court).
A. Premature Remittitur
9 First, a remittitur cannot serve to return jurisdiction to a lower court for
implementation of the appellate court's mandate while the case is still pending on appeal. See
Hi-Country, 942 P.2d at 306. Our rules of appellate proce-dure outline a schedule for
remittitur that implements this principle. Specifically, the rules instruct the court of ap-peals
to remit a case "immediately after the expiration of the time for filing a petition for writ of
certiorari" and to stay the remittitur if such a petition is filed. See Utah R.App. P. 36(a)(2).
The rules similarly instruct the su-preme court to issue remittitur "15 days after the entry of
the judgment" or, "[i]f a petition for rehearing is timely filed, ? five days after the entry of the
order disposing of the petition." Id. R. 36(a)(1). See generally id. R. 35(a) ("A petition for
rehearing may be filed with the clerk within 14 days after the entry of the decision of the
court, unless the time is shortened or enlarged by order."). If a case is remitted before the time
for such petitions has passed or before the petitions can be considered, jurisdic-tion will
nevertheless remain with the appellate court and not return to the lower court. See HiCountry, 942 P.2d at 306-07 (holding that the trial court did not have juris-diction to
implement the mandate of the court of appeals while a petition for certiorari was pending in
the supreme court, despite the fact that the court of appeals had remit-ted the case to the trial
court).
B. Limited Retained Jurisdiction
10 Furthermore, there are circumstances where an appel-late court may retain limited
jurisdiction, despite the low-er court having regained jurisdiction as a result of a re-mand....11
However, because "remittitur is a procedure created pursuant to the rule making authority
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vested in [the su-preme court]," see id. 13; see also Utah R.App. P. 36, its jurisdictional
effect is judicially, rather than constitution-ally, imposed, see Lara, 2005 UT 70, 12-13
(internal quotation marks omitted). Accordingly, "the significance of remittitur as a limitation
on ? jurisdiction" should not be overinflated. Id. 9. "[T]he appellate court retains [at least]
the jurisdiction necessary to compel compliance with the terms of the remittitur." Id. 16.
Additionally, the jurisdictional implications of remittitur "cannot be in-terpreted in a manner
that would stymie a legitimate quest to assert important constitutional guarantees," id. 19,
which "override ? whatever jurisdictional significance might reside within ? jurisprudence
relating to remit-titurs," id. 21-22 (holding that because the constitu-tional right to an appeal
overrides any jurisdictional effect of the rules of appellate procedure, the court of appeals had
the authority to exercise jurisdiction over an appel-lant's claim that he had not knowingly and
voluntarily waived his right to an appeal by withdrawing it, even af-ter the case had been
remitted).
12 Thus, had Falkner identified a constitutional right or other appropriate claim, the
district court could have exer-cised jurisdiction over the motion to reinstate, even if it had
properly returned jurisdiction to the justice court. Cf. id. 21. No such claim was raised.
However, because the district court remanded the case immediately, without allowing any
time for filing of postjudgment motions, re-mittitur was premature and could not have
immediately divested the district court of jurisdiction. Thus, the ulti-mate question of whether
the district court had jurisdic-tion over Falkner's motion to reinstate turns on whether the
motion was filed prior to the time that jurisdiction could properly have been surrendered by
the district court.
III. The District Court Must Retain Jurisdiction over Appeals from Justice Court for a
Reasonable Time Sufficient to Permit Consideration of Postjudgment Matters.
13 Unlike the Utah Rules of Appellate Procedure, the Utah Rules of Criminal Procedure
do not provide clear guidelines regarding the district court's retention of juris-diction
following a remand for abandonment. Although section 78A-7-118(8) of the Utah Code
provides that "[t]he district court shall retain jurisdiction over the case on trial de novo," see
Utah Code Ann. 78A-7-118(8) (Supp.2012), the provision in the Utah Rules of Criminal
Procedure which permits remand to the justice court in the case of abandonment, see Utah
R.Crim. P. 38(h), sug-gests that jurisdiction must eventually return to the justice court after an
appeal has been abandoned. Nevertheless, a remand under such circumstances must allow at
least some time for parties to file appropriate postjudgment mo-tions before the district court
loses jurisdiction.
14 Judge Lindberg argues that we should look to the Utah Rules of Appellate Procedure
as a guide in deter-mining the appropriate deadline for returning jurisdiction to the justice
court after an appeal is remanded for aban-donment. Under rule 36 of the Utah Rules of
Appellate Procedure, the court of appeals is expected to issue a re-mittitur "immediately after
the expiration of the time for filing a petition for writ of certiorari," Utah R.App. P. 36(a)(2),
and a "petition for a writ of certiorari must be filed with the Clerk of the Supreme Court
within 30 days after the entry of the final decision by the Court of Ap-peals," id. R. 48(a).
Thus, jurisdiction may be appropriate-ly returned to the district court following appeal thirtyone days after the court of appeals makes its final deci-sion. Judge Lindberg asserts that,
likewise, the district court's "jurisdiction is lost no later than 31 days after the dismissal
decision is made."
20
15 We agree that the Utah Rules of Appellate Procedure may "serve as a model in
the context of justice court appeals." Cf. Gordon v. Maughan, 2009 UT App 25, 22 n. 7,
204 P.3d 189 (suggesting that rule 23A of the Utah Rules of Appellate Procedure might serve
as a guide for determining whether reinstatement of an appeal from jus-tice court might be
appropriate). However, the time for remittitur outlined in rule 36 is not an arbitrary number of
days but is based on the time allowed for filing petitions for certiorari and rehearing. Indeed,
the supreme court is directed to remit a case a mere fifteen days after a final decision,
consistent with the fourteen-day period allotted for filing a petition for rehearing. See Utah
R.App. P. 36(a)(1); see also id. R. 35(a). Thus, the guidance provid-ed by rule 36 is not a
strict deadline for returning jurisdic-tion to a lower court but, rather, a method for
determining the appropriate deadline in light of the circumstances. That method requires that
the court retain jurisdiction for a period sufficient to allow appropriate postjudgment mo-tions
to be filed and considered.
... IV. The District Court Exceeded Its Discretion When It Denied the Motion to Reinstate
Without Conducting an Analysis Under Rule 23A of the Utah Rules of Appellate Procedure.
19 We also reject the district court's alternative ground for denying the motion to
reinstate, namely, that Falkner offered no excuse for his failure to appear. Because we
determine that Falkner did offer an explanation for his failure to appear, we determine that the
district court ex-ceeded its discretion by denying the motion to reinstate without considering
whether Falkner's failure was excus-able under rule 23A of the Utah Rules of Appellate Procedure.
20 In Gordon v. Maughan, 2009 UT App 25, 204 P.3d 189, this court upheld a district
court's denial of a motion to reinstate an appeal from justice court remanded for
abandonment, in part based on the fact that the defendant "provided no reasons justifying her
failure to appear." Id. 22. In so doing, we explained that the criteria outlined by rule 23A of
the Utah Rules of Appellate Procedure for determining whether reinstatement of an appeal is
appropriate "could serve as a model in the context of justice court appeals." See id. 22 n. 7.
Rule 23A provides that "[a]n appeal dismissed for failure to take a step other than the timely
filing of a notice of appeal may be reinstated by the court upon motion of the appellant for (a)
mistake, inadvertence, surprise, or excusable neglect or (b) fraud, misrepresentation, or
misconduct of an adverse party." Utah R.App. P. 23A." Falkner v. Lindberg, 288 P. 3d 1097
(2012).
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http://www.scribd.com/doc/228407213/Judge-Steven-Elliott-Bio-0204-0376-Caaw-cv11-0195560317-cr12-1262-cr11-2064-cr12-0376-ie
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tolled between the time that the action was dismissed and the date that the court reinstated the action,
since no action was pending during that interval."). Thing is, the 120 days for service was tolled by
any number of filings, including WLSs Motion to Quash from 9/2011, as such, Elliotts 12/8/11 and
various 1/13/12 orders are void for lack of jurisdiction: 62B Am. Jur. 2D Process 111 The 120-day
period may be tolled upon the filing of either a motion to quash service or a motion to dismiss for
insufficiency of process or service, and such period will not continue to run until such time as the
court has taken action on the motion.Brown v. Florida Keys Aqueduct Authority, 614 F. Supp. 87
(S.D. Ohio 1985) The defense that process has not been timely served may be waived if the defense
is not raised in the party's first responsive pleading or in an amendment to a first responsive pleading
allowed as a matter of course. Kersh v. Derozier, 851 F.2D 1509, 11 Fed. R. Serv. 3D 1505 (5th Cir.
1988).
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(NOTE: actually, no, the Panel did not consider such conduct, but, rather, applied an offensive
collateral bar to Coughlin challenging the apparent or quasi RPC 3.3(a)(1) and RPC 8.4(c) violations
drawn from such since vacated 2/28/12 summary contempt order (allegedly a criminal contempt
conviction sufficient to invoke SCR 111(5) despite no SCR 111 Petition ever being filed)and
despite Coughlins notices of appeal of such going stricken and or ignored) and such since vacated
3/12/12 Order from the traffic citation trial entered by Judge Holmes in 11 TR 26800.
Indeed, upon Coughlin attempting to put the transcript of such 2/27/12 trial before Judge
Holmes (and the allegedly troubling filings submitted via facsimile) into evidence at the 11/14/12
formal disciplinary hearing, the Panel denied the admission of such, citing an offensive collateral bar
(despite the fact the SBN never made such an argument itselfsee Transcript of 11/14/12 formal
disciplinary hearing at:
Pages 221:15 to 222:9) MR. ECHEVERRIA: I'm focusing on what you're proffering now.
MR. COUGHLIN: Yes, sir. MR. ECHEVERRIA: This is a transcript of the trial for your traffic
citation? MR. COUGHLIN: Yes, sir. MR. ECHEVERRIA: The one that Judge Holmes issued an
order finding you in contempt? MR. COUGHLIN: Yes. MR. ECHEVERRIA: Did you appeal it?
MR. COUGHLIN: I tried to. She wouldn't let me. MR. ECHEVERRIA: And it's a final order? MR.
COUGHLIN: I did the research on that, but she is saying -- I don't know what she is saying. But she
is not letting me appeal it. MR. ECHEVERRIA: We know what she said in her order. So I'm not
going to entertain an inquiry into the conduct of the trial on your traffic citation itself. That issue
has been litigated....
Pages 62:14 to 63:1) R. ECHEVERRIA: -- this panel has been asked to look at. The issue as to
whether or not you were properly in that residence building, the issue as to whether you were
trespassing has all been litigated. That's not the function of this panel. This panel is to determine, by
supreme court order, what, if any, punishment you should be subject to. I'd like you to focus on that
issue. Please proceed. MR. COUGHLIN: Whether the punishment under Claiborne is binding
authority upon you entails more than a cursory, receiving a certified conviction in the mail from a
clerk of court, and not undertaking any diligent inquiry in that regard.
Page 225:2 to 225:9: MR. COUGHLIN: this idea that a conviction is completely dispositive, he
cited no authority for that. MR. ECHEVERRIA: Mr. Coughlin, the supreme court issued an order
in your case that says with respect to, in essence, a conviction, that the sole issue to be determined
here is the nature and extent of the punishment
Pages 225:20 to 226:16): MR. ECHEVERRIA: The supreme court, as I read its order, tells
this panel that the only issue to be determined with respect to a conviction is the nature and extent of
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the punishment, if any. So if you have testimony on that issue (emphasis added) with respect to any
conviction, or order holding you in contempt, please present it. MR. COUGHLIN: Not under
Claiborne. Claiborne says a conviction is not the end of the inquiry. That in fact, the panel and the
Bar have a duty to look beyond the conviction. MR. ECHEVERRIA: We have a specific order in
your case with respect to what the issues to be determined in this proceeding are with respect to a
conviction. So do you wish to offer evidence as to the nature and extent of punishment, if any, that
should be rendered by this panel? MR. COUGHLIN: Yes. And I -- MR. ECHEVERRIA: Please
proceed. MR. COUGHLIN: Okay. So I'll play that audio with your permission. MR.
ECHEVERRIA: I'm sustaining the objection
Page 235:1 to 235:8) MR. ECHEVERRIA: -- proper to play. So I'm sustaining the objection
to playing whatever it was you're going to play, and proceed. MR. COUGHLIN: Okay. I'd like to
play an official copy of the transcript from that Reno Muni Court traffic citation case. MR.
ECHEVERRIA: You've already proffered that. I've sustained the objection.
Pages 63:25 to 64:20) MR. COUGHLIN: The important thing is the law in Nevada says
within 24 hours of the sheriff receiving that eviction order they've got to do the lockout. MR.
ECHEVERRIA: That's all been litigated, hasn't it? Didn't you raise these issues below? MR.
COUGHLIN: In which context? MR. ECHEVERRIA: In the trespass conviction. MR.
COUGHLIN: Yes. MR. ECHEVERRIA: Okay. Let's focus on the issues here, which, as I
understand it, are to focus on what, if any, punishment you should be subject to with respect to -- MR.
COUGHLIN: What's all this living in the basement stuff have to do with that? Jesus. This is Richard
Hill in a nutshell. Prejudicial nonsense. Hearsay. Character assassination. And then you try to rebut it,
and this is not the issue, it's not relevant. Nothing he says is relevant. MR. ECHEVERRIA: I didn't
say that. It is relevant. Your conviction is relevant. You're trying to relitigate --..."
Pages 180:13 to 181:9) MR. ECHEVERRIA: Mr. King, you cited in one of your pleadings a
request that all issues pending before you be heard at one hearing. There was a letter you sent to the
state Bar that you quote in one of your pleadings. THE WITNESS: I requested that? MR.
ECHEVERRIA: Yes, sir. THE WITNESS: You haven't read my pleadings. My whole point was
bifurcating, how ridiculous it is to glom all these together. I'm so glad you just said that on the record.
BY MR. KING: Q Could you please take a look at this document that's been marked as Exhibit No.
9, And tell me if you recognize that? A You actually just said that. My whole point was -- Q Mr.
Coughlin, there is a question pending -- A -- separate hearing. The sole purpose of the 60838
suspension, on a candy bar. That was my whole point. MR. ECHEVERRIA: Mr. Coughlin, those
issues have been resolved.
Page 71:10 to 71:18) MR. ECHEVERRIA: I believe the issue that this panel has to determine
is what the degree, if any, of punishment should be for the conduct that you have alleged to have been
involved with, in terms of candor to the court, candor to counsel, candor to witnesses, competency to
practice law. MR. COUGHLIN: Including -- MR. ECHEVERRIA: I believe those are the issues that
this panel should focus on
Pages 73:18 to 75:5) MR. ECHEVERRIA: I believe you're here today to measure all of your
conduct as a practicing lawyer. So I'd like to move on. If you have further questions of Mr. Hill,
please ask them. I've now afforded you in excess of 20 minutes. I'll give you another five. MR.
COUGHLIN: So we're not here today based on what's been noticed? MR. ECHEVERRIA: We're
not here today to relitigate orders that have been filed that you have appealed, and that you have lost.
MR. COUGHLIN: I'm not asking -- I'm asking what is it limited to? Because it sounds like from
what you just said it's not limited. MR. ECHEVERRIA: I don't intend to impose any limits on you in
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terms of what you attempt to proffer as evidence. I will rule on what you proffer as evidence. MR.
COUGHLIN: I'm saying what he's limited to, your Honor. MR. ECHEVERRIA: The issue here, sir,
as I understand the supreme court's order with respect to your conviction of theft, and the issues here
with respect to the other grievances that have been filed against you are to the extent as to what, if
any, should be the punishment that you should sustain as a result of your conduct. MR. COUGHLIN:
Yet this is entered into evidence. MR. ECHEVERRIA: This is what? MR. COUGHLIN: This order
has been entered into evidence. MR. ECHEVERRIA: Exhibit 2 has. MR. COUGHLIN: But it's not
pled in any complaint. Judge Flanagan's not a grievant. I wasn't noticed that that was the purpose of
this hearing to some extent today. MR. ECHEVERRIA: You were noticed that the issue of your
conviction of trespass was an issue, that your handling of that case was an issue, and it's relevant as to
that
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(Pages 230:13 to 231:5) Q Did my dad say the State Bar of Nevada's Coe Swobe kept
hounding him, calling him up, trying to lean on me so Washoe Legal Services and Paul Elcano could
get out -- A I'm sorry, I could not hear that. Q Did my dad ever tell you that the State Bar of
Nevada's Coe Swobe called him up trying to get him to make me settle easier with Washoe Legal
Services whose director is friends with the chairman here, close childhood friends, they both went to
Stanford together, 1966? MR. KING: Objection, hearsay. THE WITNESS: Your father told me -MR. ECHEVERRIA: Sustained. THE WITNESS: -- yes, they wanted you to settle. MR.
ECHEVERRIA: Excuse me, Ms. Barker. There was an objection made to the question. I'm
sustaining the objection. It's also argumentative.
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Rice v. Rivera, 617 F.3d 802 (C.A.4.S.C.,2010) Under the statute providing the district courts of
the United States with original jurisdiction of all offenses against the laws of the United States, the
district court had jurisdiction to entertain the government's motion to vacate the defendant's
conviction for using a firearm during and in relation to a drug trafficking offense, which motion was
made under the rule of criminal procedure authorizing the government to dismiss an indictment,
information, or complaint, even though the motion was made after the defendant was convicted.
U.S. v. Smith, 467 F.3d 785 C.A.D.C.,2006 Federal district court had jurisdiction, under its
general grant of jurisdiction over all offenses against the laws of the United States, to entertain the
government's motion to vacate federal prisoner's conviction for use of a firearm during a drug
trafficking crime, even though motion was brought after conviction was affirmed on direct appeal
and following denial of post-conviction relief. See, also, State v. Avelar, 979 P.2d 648 Idaho,1999.
In some states, the court may grant nolle prosequi on its own initiative and without consent of the
prosecutor. People v. Morrow, 214 Mich. App. 158, 542 N.W.2d 324 (1995). Judge Nash Holmes
recently did this as to the criminal contempt "conviction" ("lying"/misrepresenting RPC
3.3(a)(1)/8.4(c) violations) that the State Bar largely basis its attempt to irrevocably disbar Coughlin
upon.
Generally, a nolle prosequi entered with the court's consent after conviction is without
prejudice to a new indictment. Regardless, Coughlin is not an never will sue anyone in connection
with this arrest/matter, he hereby swears under penalty of perjury.
Thus, after an accused has been convicted, the prosecution may, with the court's consent, enter
a nolle prosequi without prejudice to a new indictment or information. Ala.Anthony v. City of
Birmingham, 240 Ala. 167, 198 So. 449 (1940). N.H.State v. Cook, 96 N.H. 212, 72 A.2d 778
(1950). W.Va.State v. Burke, 130 W. Va. 64, 42 S.E.2d 544 (1947).
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Dismissal of state criminal charge in furtherance of, or in interest of, justice, 71 A.L.R.5th 1:
19 Participation in treatment program. Coughlin is and has been since March 2013
receiving treatment froma psychologist and psychiatrist at Northern Nevada Adult Mental Health and
completed and 8 week course while incarceration from November 2013 to April 18, 2014 in Washoe
jail. Similar is In Re Beckett (where an attorney (Pahrump DA) convicted of NRS 199.280 was
deemed to have committed a serious crime) (former Pahrump DA failed to turn over receipts to the
Treasuser....such conviction was ultimately dismissed, resulting in Beckett's temporary suspension
under SCR 111(10) being two months long compared to the two year long suspension Coughlin is
currently still subject to incident to a conviction that was not affirmed on appeal), but not before a
temporary suspension was put in place):
http://caseinfo.nvsupremecourt.us/public/caseView.do?csIID=25425
http://caseinfo.nvsupremecourt.us/public/caseView.do?csIID=25910
22[a] Mental illness or capacityDismissal warranted: In the following cases, the
courts ruled that mental illness or lack of mental capacity warranted dismissing charges in the interest
of justice. In People v. Balukas, 95 A.D.2d 813, 463 N.Y.S.2d 534 (2d Dep't 1983)
34[a] Prior administrative or noncriminal adjudication of conduct
chargedDismissal granted:
The State Bar of Nevada included this iPhone petty larceny case in its SCR 105 complaint
against Coughlin now on appeal in 62337. There was not a conviction in this matter at the time of
such formal disciplinary hearing. Such circumstances would subjecdt Coughlin to double jeopardy
of sorts (as this case was factored into the Panel's Recommendation already) where Bar Counsel to
now file an SCR 111(6) Petition should this conviction remain (resulting in another temporary
suspension of Coughlin's law license, which has already been suspended two years for a conviction
that was not affirmed due to the RMC failing to comply with NRS 189.030(1) in refusing to file the
transcript with the district court.
It has been held that a prior administrative acquittal justified dismissing the present, identical
criminal charge in the interest of justice. In People v. Trucchio, 159 Misc. 2d 523, 605 N.Y.S.2d 649
(Sup. Ct. 1993).
E. Merits of the State's Case 41[a] Strength of prima facie caseDismissal warranted.
Here the State offered (and Coughlin accepted) a plea deal that allowed for a stipulated conviction for
disturbing the peace instead of petty larceny. For whatever reason, such plea deal was rejected by
Judge Sferrazza. Such a generous plea offer illustrates that this was not really a petty larceny case in
the traditional sense, with the prima facie case here being rather week, and only Coughlin behaving
like an idiot throughout likely being the driving force behind convicting him for not only petty
larceny, but also receiving stolen property, which is in violation of Shepp and Staab v. State, 526 P.2d
338 (1974)in Nevada as "a thief cannot receive the fruit of his own larceny from himself".
Inconsisent verdicts.
In the following case, the court held that where the prosecution announced it did not have
enough evidence to justify a trial, the trial court could properly dismiss the case in the interest of
justice. In People v. Bonds, 70 Cal. App. 4th 732, 83 Cal. Rptr. 2d 10 (1st Dist. 1999).
42[a] Absence of culpable mental stateDismissal granted
Criminal charges have been dismissed in the interest of justice because evidence of the
existence of the requisite mental state was highly doubtful. In People v. Torres, 166 Misc. 2d 798, 634
N.Y.S.2d 354 (Sup. Ct. 1995).
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only to also involve an attorney with schooling on the law of lost, mislaid, abandoned property and
contributory negligence/Fourth Amendment law.
The court in State v. Nevens, 197 N.J. Super. 531, 485 A.2d 345 (Law Div. 1984), applied
New Jersey's de minimis statute, N.J. Stat. Ann. 2C:211, to overturn the defendant's conviction for
stealing fruit from a restaurant buffet.The defendant was convicted of stealing two bananas, an
orange, an apple, and a pear from a hotel restaurant. ... judge could dismiss a prosecution if the
defendant's conduct was within a customary license or tolerance, neither expressly negated by the
person whose interest was infringed nor inconsistent with the purpose of the law defining the offense;
did not actually cause or threaten the harm or evil sought to be prevented by the law defining the
offense or did so only to an extent too trivial to warrant the condemnation of conviction; or presented
such other extenuations that it could not reasonably be regarded as envisaged by the legislature in
forbidding the offense.
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Coughlins filings in the two matters in which the two Orders of Dismissal attached to his
4/22/14 filing in 62337, filed just a few weeks before such were entered, touched on all of these basis,
in addition to some others. For whatever reason (most likely because she has character), Judge
Holmes entered those Orders. It is not for the SBN or the Reno City Attorney to now engage in ex
parte communications with Judge W. Gardner to obtain the 5/26/14 Order Rescinding such, which is
void anyways. The RCA may go pursue a Writ of Mandamus against Judge Holmes, perhapsbut
what is done is done. Certainly, those two Orders of Dismissal played a role in a great deal of things
that followed, including what transpired in the suit between Coughlin and Washoe Legal Services and
the very Elcano whose ex parte email to Judges Hardy and Stiglich the SBN brazenly attaches to its
6/3/14 Response.
It would be highly inappropriate for one, Elcano to tell Coughlins father (a Duke trained
physician, All-SECAcademic team fullback with halfback speed who started for Tulane out of
Dayton, Ohio (1965-1968) both on the telephone and then again during a visit to Dr. Coughlins
office that Elcano and Washoe Legal Services was, at the very least, going to give Coughlin some
work/assignments to start with, then gradually restore Coughlin to his salaried position as a domestic
violence attorney at WLS, and how lawyers are very forgiving people and do all it could (a la In Re
Briggs) to help Coughlin restore his law license and have the various criminal convictions that remain
vacated and or addressed in some other way, provided Couglhin dropped all his lawsuits and appeals
(really, Coughlin just up and withdrew six criminal appeals for no apparent reason? Appeals where
Coughlin was incarcerated despite plainly being denied counsel? Coughlin was incarcerated from
11/6/13 to 4/18/14 and in every one of the matters underlying such he was denied counsel in plain
violation of ADKT 411 (he was on food stamps, making less than $10,000 per year, law license
temporarily suspended, and had been ruled indigent by the judges involved, so) only for
Elcano/WLS to back out of such the minute it/he got what he wanted. Whatever. Two, it would be
similarly inappropriate for the 4/8/14 Orders of Dismissal entered to all the sudden be rescinded
once such had the desired effect of getting Coughlin to dismiss Coughlins appeal in
http://caseinfo.nvsupremecourt.us/public/caseView.do?csIID=33044 in which Coughlin appealed
Hill/Merliss being permitted to substitute in for Coughlin via Judge Stiglichs 1/7/14 Order
(apparently Hill/Merliss, whom committed fraud (apparently WLS had to give them thousands of
dollars though, and Hill/Merliss ought be stuck with any shortfall realized with respect to the $42,000
prevailing party attorney fee award the SBN tried to characterize as a sanction at the disciplinary
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hearing (see FHE2) as Hill/Merliss certainly would keep any windfall realized, and further, Coughlin
may have won such lawsuit and been reinstated to his job as a legal aid attorney, which is not a thing
or chose in action) in lying in the matters at issue in 61383 that the commercial lease entered into
with Coughlin had expired when, plainly, by its terms (not less than 12 months is not the same as
12 monthsand the lease does not provide the landlord a no cause termination right anyways),
only to compound such by then both lying to the police in alleging they warned Coughlin to leave the
property (beyond having a summary removal order posted (not that the 24 hours required to pass per
NRS 40.253 was obeyed by theyand an eviction order is not a criminal trespass warning,
regardless)see 61383 and 61901, and Hills lying testimony at issue in 62337 with respect to
whether or not anyone, including the Reno police, issued Coughlin a criminal trespass warning).
Further problematic is the fact that WLS was under contract to provide Coughlin with access to legal
tools while he was then incarcerated at the time of and leading up to such hearing, and plainly failed
to in any way whatsoever.
Really, Judge Holmes may have been doing Judge W. Gardner et al a favor dismissing such
criminal trespass conviction considering the rampant violations of NRS 178.415 committed by W.
Gardner (co-signed readily by RCA Hazlett-Stevens in an appalling display) in holding the 6/18/12
trial and other associated hearings in violation of the stay pending the order for competency
evaluation that Gardner was provided notice of in writing.
13
OPINION NO. 79-4 Criminal Appeals From Municipal CourtNRS 189.010 and 189.020
However, regardless of the nontimeliness of filing an appeal, NRS 189.030 Provides that, The
justice must, within 10 days after the notice of appeal is filed, transmit to the clerk of the district court
all papers relating to the case and a certified copy of his docket. This action is not tied to the
timeliness of filing an appeal. It is a mandatory action which is to take place after the appeal is filed
regardless of when it is filed. The remedy for disposing of a nontimely appeal is found in NRS
189.060. Subparagraph 1 of that statute provides that an appeal may be dismissed for failure to take it
in time. But subparagraph 2 of NRS 189.060 Provides: If the appeal is dismissed, a copy of the order
of dismissal must be remitted to the justice, who may proceed to enforce the judgment. (Italics
added.) The clear implication is that only the district court may dismiss the appeal for want of
timeliness since it is the district court which could only remit the order of dismissal to the magistrate.
Thus it would be the opinion of this office that it would be the duty of the magistrate to forward the
appeal to the district court, even though the appeal was filed in a nontimely manner, and that the city
attorney would then be free to move for the dismissal of the appeal before the district court for lack of
timeliness. The district court could then reach its decision pursuant to NRS 189.060.
14
Pages 227:25 to 228:18) MARY BARKER having been first duly sworn, testified as follows:
DIRECT EXAMINATION BY MR. COUGHLIN: Q Mom, did you have to buy an audio of the trial
with that Judge Nash Holmes? A Did I have to buy an audio? Q Yeah. Did you buy a copy of the
proceeding? A Yes. Q Did you give it to me? A Oh, God. I think so. I did several things. I paid
$100 for something -- no, that was something else. Q Right. You paid a hundred dollars for bail, and
she wouldn't let me out, but she kept the money anyway? A Yes. And the man that I gave the money
to told me that you would be released within several hours, and you weren't. Q They did the old
switcheroo, right?"
Pages 229:18 to 230:12) BY MR. COUGHLIN: Q Mom, you paid $100 bail, and the muni
court kept the money but didn't let me out? A Yes. Q What did that Tom guy, the counter clerk, say
about that? A When I went back on Monday, he said, no, he should have been released. And I said,
well, he wasn't, and I would like to get my money back. And he made a phone call. And he said, I'm
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sorry, but that's not possible. Q Did he say that she had done something wrong? A No. No, he didn't
say anything to me like that. He just said it was not what he expected. When I went down there and
paid the hundred dollars, he said you would be out within three hours. And that didn't happen. And I
believe that was on a Thursday. The courts were closed Friday, so I went back on Monday to find out
why you weren't released, and to see if I could get my hundred dollars back."
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7/14/2014
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Docket Number
64855
File Date
Jun 20 2014
Documents:
Received Returned Mail. Documents returned per order filed 6/16/14 addressed to Zachary Coughlin. Per USPS,
"return to sender, not here". Remailed to correct address on file.
Filed Order Denying Motion to File Confidential
Settlement Agreement and Release Under Seal.
We ...
64855
Jun 16 2014
Documents:
Filed Order Denying Motion to File Confidential Settlement Agreement and Release Under Seal. We direct the clerk
of this court to return, unfiled, the confidential settlement agreement and release that was received on May 19, 2014.
fn1[In light of this order, appellant's request for an extension of time to file an opposition to respondents' May 16,
motion is denied as moot.]
Motion was submitted for filing by Zachary Barker IN RE: REINSTATEMENT
Coughlin
OF ZACHARY COUGHLIN
65587
Jun 06 2014
IN RE: DISCIPLINE OF
ZACHARY COUGHLIN
62337
Jun 06 2014
IN RE: DISCIPLINE OF
ZACHARY COUGHLIN
62337
Jun 04 2014
Documents:
Filed Request to File This Second Supplemental.
Response to Motion was submitted for filing by
Zachary Barker Coughlin
Documents:
Filed Opposition to SBN's 6 3 14 Response.
Received Returned Mail. Order filed 5/16/14
addressed to Zachary Coughlin. Order mailed to
incor...
Documents:
Received Returned Mail. Order filed 5/16/14 addressed to Zachary Coughlin. Order mailed to incorrect address.
Remailed to corrected address on file.
Response to Order was submitted for filing by
Glenn Machado
IN RE: DISCIPLINE OF
ZACHARY COUGHLIN
62337
Jun 04 2014
64855
Jun 02 2014
Documents:
Filed Response to Supreme Court's Order of May 16, 2014.
Response to Motion was submitted for filing by
Zachary Barker Coughlin
Documents:
Filed Request for Extension of Time to File Opposition to Motion for Permission to File Confidential Settlement
Agreement and Release Under Seal.
Petition was submitted for filing by Zachary
Barker Coughlin
IN RE: REINSTATEMENT
OF ZACHARY COUGHLIN
65587
May 22 2014
Documents:
https://efile.nvsupremecourt.us/notify
1/2
7/14/2014
eFlex
IN RE: DISCIPLINE OF
ZACHARY COUGHLIN
62337
May 16 2014
Documents:
Filed Order to File Response. State Bar: Response due: 10 days. Fn1[The clerk shall send a copy of the notice filed
on April 22, 2014, to the State Bar's counsel.]
Motion was submitted for filing by Joseph Garin
64855
May 16 2014
Documents:
Filed Motion for Permission to File Confidential Settlement Agreement and Release Under Seal.
Petition was submitted for filing by Zachary
Barker Coughlin
IN RE: REINSTATEMENT
OF ZACHARY COUGHLIN
65587
May 07 2014
COUGHLIN (ZACHARY)
VS. CLIFTON
63342
Apr 28 2014
64855
Apr 25 2014
Documents:
Filed Petition for Reinstatement Pursuant to SCR 111(10).
Issued Notice in Lieu/Rehearing was Issued by
Court
Documents:
Issued Notice in Lieu/Rehearing
Filed Order Dismissing Appeal. Proper person
appellant has filed a notice of withdrawal of
appea...
Documents:
Filed Order Dismissing Appeal. Proper person appellant has filed a notice of withdrawal of appeal, which we construe
as a motion to voluntarily dismiss this appeal. The motion is granted, and "we hereby dismiss this appeal" with the
parties to bear their own costs and fees. Case Closed/No Remittitur Issued.
Filed Notice of Dismissal of Cases from Which
Alleged Criminal Trespass 'Conviction' and
'Crimin...
IN RE: DISCIPLINE OF
ZACHARY COUGHLIN
62337
Apr 22 2014
Documents:
Filed Notice of Dismissal of Cases from Which Alleged Criminal Trespass 'Conviction' and 'Criminal Contempt'
Conviction Stem.
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