8 14 13 0204 3913 3914 Motion to Disqualify Rmc and Rca and Hon Judge Dilworth

7/29/2019 8 14 13 0204 3913 3914 Motion to Disqualify Rmc and Rca and Hon Judge Dilworth

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Document Code:Zach CoughlinNevada Bar No: 9473 (temporarily suspended as of !7!"# $rder in %&3&'"47" ) 9th*t)+eno, N- &9."#

/ele and 0a1: 94927274%#pro per indigent reuesting court appoint co2counsel only, if not permitted to remain ones selfprimary counsel, then see5s hearing on co2counsel right 6ayton, etc)

N /8 +N$ NC;ednesday, NovemAer "4, #%"#) /he ;anelconsisted of ohn ;) cheverria, s), Chairman? 6ay2emAer Earen ;earl, *tephen Eent, s),

- 1 MOTION TO DISQUALIFY RMC AND HON. JUDG DIL!ORTH


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Clar5 -) -ellis, s), and ichael E) ohnson, s )) /he *tate Bar of Nevada (the *tate Bar'appeared and as represented Ay Deputy Bar Counsel, ;atric5 $) Eing, s)) /he +espondent,Zachary Bar5er Coughlin, Nevada *tate Bar No) 9473 (the +espondent or Coughlin' appeared inpropria persona)

FINDINGS OF FACT

Based upon the pleadings filed, the documentary evidence admitted as 8earing 1hiAits "through ", and the testimonial evidence of the 8onoraAle udge Bruce Beesley, +ichard 8ill, s),;aul cano, s), the 8onoraAle udge Dorothy Nash 8olmes, Zachary B) Coughlin, s) and aryBar5er presented at the hearing of these proceedings, the ;anel ma5es findings of facts asfollos:

") Coughlin is an attorney licensed to practice la in the *tate of Nevada) At allrelevant times prior to and at the time of the filing of the Complaint in this matter, theRespondent's principle office, as file !i"# "#e S"a"e Ba$ %f Ne&aa i' a((%$a'(e !i"# "#e R)le%f P$%fessi%'al (%')(" *+RPC+ -*/*a, !as P%s" Offi(e B%0 12/, Re'%, N3 4565) *ee8earing 1hiAit " at %%%", lines 72"% (*tate Bar of Nevada vs) Zachary B) Coughlin, s), Case NoN@"#2%#%4, N@"#2%43., N@"#2%434, Complaint at P1 (filed


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*ee 8earing 1hiAit "" $+D+ 0$+ *


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rancorous interactions ith arshal enGel at the "%!"%!"" arraignment (the hold of hichviolated N+* "7&)4%. in light of the then pending 9!7!"" $rder for Competency evaluation ofhich the +C as made aare, in riting in', similar interactions ith +C filing officecounter cler5s and supervisors incident to their refusal to allo Coughlin to access even thealmarts 0rontino and $fficer Eameron Craford', and a to per seindigent under #%%& ndigent Defense $rder, aAuse of (%'"e87"poer, violation of ;engilly

and cCormac5, failure to grant a continuance here e1cuplatory evidence as Aeingrongfully ithheld Ay and opposing counsel hom had AurglariGed Coughlins former homela office ith Aoth the >C*$ and +;D (+ussell v) Ealian, N+* 4%)#.3(.', ayes v) -',and denial of a continuance to Coughlin (despite one Aeing agreed to in riting Ay +CCD< let drag on for nearly a yearin a transparent attempt to leverage such (hich they alays intended to dismiss given the enormityof the proAlems associated ith the !"4!"# . Day Notice allegedly posted (Aut not mailed, much lessith a *;* Certificate of ailing' listing, pursuant to N+* 4%)#.3(3'(A'(3' L*par5s ustice CourtHas the court hich Coughlin must file his /enants


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and the +Cs general email address)))hich is odd considering, clearly, such email as, at one point,part of such file, on the left hand side thereof, under the doc5et)

0or instance, ith @essin, for hom Coughlin filed an $pposition to otion for *ummaryudgment on 3!"9!"# (Kust 4 days after Aeing AurglariGed Ay the >C*$ and @ayle Eern, s), on

3!".!"# incident to the too early summary loc5out' there is no a decision detailing such time periodfrom the nited *tates Ban5ruptcy


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file certified copies of the state court Kudgment and record and too5 the matter under suAmission) $nune &, #%"#, the Aan5ruptcy court entered an order granting /aitanoPs * on the grounds that thestate court arAitratorPs aard estaAlished every element under .#3(a'(#' and thus the doctrine ofissue preclusion prevented deAtor from relitigating those elements in the Aan5ruptcy court) DeAtortimely appealed))))) ** >hether the Aan5ruptcy court erred in deciding that the state court

Kudgment as nondischargeaAle under .#3(a'(#' Aased on the doctrine of issue preclusion)H

9) udge Nash 8olmes oAse$&ethat the pleading filed Ay Coughlin failed to addressmost of the topics listed in the caption) +ather, she oAse$&e, the document contained ramAlingreferences to Coughlins personal life, his fathers footAall career in college? doGens of pages of stringcitations ta5en from the internet and other unrelated references) udge Nash 8olmes found thepleading to Ae disKointed and incoherent and a pathetic demonstration of hat might once have Aeenlegal and academic proess that appears to no Ae greatly damaged) *ee 8earing 1hiAit .,$+D+, ;#, lines 92".? ;#, lines "2#%)

"%) udge Nash 8olmes also found that Coughlin, after Aeing released from custody

folloing the 0eAruary #7, #%"# (%'"e87"of Court incarceration, filed other nonsensical pleadingsincluding a #"& page document:

)))purported to Ae yet another motion in this case entitled otion to +eturn Cell;hones? otion to *et


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evidence, Aased on her e1perience and Aac5ground as an attorney, prosecutor and Kudge that Coughlinhad violated numerous provisions of the Nevada +ules of ;rofessional (%')(") *ee/ranscript of ;roceedings of >ednesday, NovemAer "4, #%"#, ; "37, 6 ## 2; "3&, 6 9)

") )*) Ban5ruptcy udge Bruce Beesley as called to testify at the hearing of thismatter) During the time frame #%"" to #%"#, Coughlin appeared Aefore udge Beesley to or three

times as an attorney representing clients in a Aan5ruptcy matter) $n one occasion Coughlin appearedearing a /2shirt and a tie and no Kac5et) *ee /ranscript of ;roceedings of >ednesday, NovemAer"4, #%"#, ; "%, 6 "%2") Coughlin had filed a pleading in the Aan5ruptcy matter, on Aehalf of hisclient) udge Beesley testified that the pleading as lengthy, didnt ma5e any sense, and Kust sort oframAled through a great deal of irrelevant stuff) *ee /ranscript of ;roceedings of >ednesday,NovemAer "4, #%"#, ; "%, 6 #4 2; "", 6 ") $n other occasions, although Coughlin appeared politeand intelligent, his pleadings and arguments didnt ma5e any sense) *ee /ranscript of ;roceedings of>ednesday, NovemAer "4,#%"#, ; "", 6#27

"7) udge Beesley Aecame concerned, rote a letter to the *tate Bar e1plaining hise1perience ith Coughlin and indicated that he did not Aelieve Coughlin, in his current state, asaAle to adeuately represent his clients) *ee /ranscript of 8earing >ednesday, NovemAer "4, #%"#,;

"3, 6 #4 2; "4, 6 7)"&) n udge Beesleys opinion, Coughlin is not competent to practice la) *ee /ranscriptof ;roceedings of >ednesday, NovemAer "4,#%"#,;*, 6 "" 2".)

"9) *tate Bar Counsel called attorney +ichard 8ill to testify at the hearing of this matter:r) 8ill has Aeen a memAer in good standing ith the *tate Bar of Nevada for 33 years) *ee/ranscript of ;roceedings of >ednesday, NovemAer "4, #%"#, ; 3, 6 ## ; 37 6 4) r) 8ill asretained Ay Dr) erliss to assist Dr) erliss in a landlord tenant dispute ith his tenant Coughlin) *ee/ranscript of ;roceedings of >ednesday, NovemAer "4, #%"#, ; 37, 6"4 2#%) r) 8ill representedDr) erliss in +eno ustice Court and >ashoe County District Court and to appeals to the Nevada*upreme Court in the matters involving Dr) erliss and Coughlin) *ee /ranscript of 8earing>ednesday, NovemAer "4, #%"#, ; 39, 6 "3 2#4) r) 8ill has also revieed filings in of a case inhich Coughlin is involved ith >ashoe 6egal *ervices) *ee /ranscript of ;roceedings >ednesday,NovemAer "4, #%"#, ; 39, 6 #. ; 4%, 6 3)

#%) n the e&i("i%'proceeding Aeteen Dr) erliss and Coughlin, r) 8ills firm oAtainedan e&i("i%'order alloing Coughlin one ee5 to vacate the premises) ltimately, Coughlin failed tocomply ith the e&i("i%'order and as convicted of criminal "$es7ass) *ee /ranscript of 8earing>ednesday, NovemAer "4, #%"#, ; 4", 6 "& 2; 44, 6 "#)

(LHEARING 3%l. I, *Pa9es //- "% /' B= +) EN@: F Did you end upgetting an eviction order removing r) Coughlin from Dr) erlisss homeM < (+ichard @)8ill, s)' >e did) F *uAseuent to the eviction order, as r) Coughlin removed fromthe homeM < m sorry) /here as an %$e$ issued in court "#a" 9a&e M$. C%)9#li' a"ee$ to vacate) Aelieve it as NovemAer " that my ife, my associate 22 and myassociate, "ent to the home "ith the sheriff and conducted a loc$out) /he front doorloc5s ere changed) /he Aac5 door loc5s ere changed) +) C$@86N: $AKection)+) C8-++


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everything, ma5e sure the place is secure, videotaped it) ashoe District Court udge ;atric5 0lanagan entered the order on une #., #%"#)(N$/: this use of the term LsanctionH is noticeaAly aAsent from this LfindingH and the folloinge1cerpt from the transcript cited to, further, despite such e1cerpt Aeing only to lines long, it doesmanage to reveal that udge 0lanagans $rder granted Lerlisss motion for attorneys feesH)))hich,hen one considers that erlisss 4!"9!"# filing as titled L' *ee /ranscript of ;roceedings of>ednesday, NovemAer "4, #%"#, ; 47, 6 327)

(8


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associate, Casey D) Ba5er, s), cited to as providing a Aasis for such a fee aard(never mind that N+* 4%)4%% ma5es N+


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QiRt is hard to imagine a more appropriate case than this in hich to aard the ma1imumamount Kustified Ay the suAstantial evidence Aefore the court) (ot) at p) )' erliss goeseven further and states:


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ith >ashoe 6egal *ervices, r) 8ill is of the opinion that Coughlin is not competent to practicela) *ee /ranscript of 8earing >ednesday, NovemAer "4, #%"#, ; 39, 6 " 2"#)

#3) Based on r) 8ills e1perience in litigating ith Coughlin, Coughlin as not truthfulith either counsel or the court) *ee /ranscript of 8earing >ednesday, NovemAer "4, #%"#, ; .3, 6 2") r) 8ill felt that Coughlins filings ere aAusive, at one point calling r) 8ills associate a

lichen) Coughlin has accused r) 8ill of AriAing the +eno ;olice Department to have Coughlinarrested) r) 8ills staff is terroriGed Ay Coughlin) *ee >ednesday, NovemAer "4, #%"#, ; .4, 6 42".)

#4) *tate Bar Counsel called attorney ;aul lcano to testify at the hearing of this matter)r) lcano is the e1ecutive director of >ashoe 6egal *ervices that provides legal services toindigents) *ee /ranscript of 8earing >ednesday, NovemAer "4, #%"#, ; &&, 6 #. 2; &9, 6 "4)Coughlin as employed Ay >ashoe 6egal *ervices from ednesday, NovemAer "4, #%"#, ; 93, 6 "7 2#%) r) cano Aecame aare ofan order entered Ay udge @ardner on )@ardner for giving such to udge Nash 8olmes, though, clearly, udge >) @ardner e1pressed surpriseto hear that such 083 that he received from his sister and passed around to his fello +C udgeshad Aeen provided to the *BN Ay udge Nash 8olmes (echoing the lac5 of permission to spea5 on hisAehalf that +C udge Dilorth e1pressed disatisfaction ith respect to during the trial incident tothe rongful +;D arrest of 7!3!"# in +C "# C+ "#4#%') >hether udge >) @ardner as negligentin providing such inoperative 083 to udge Nash 8olmes is a matter for r) *arnos5i, andperhaps the courts, given Kudicial immunity is not uite such an impenetraAle defense hen it comesto courts of limited Kurisdiction)))*ee, @laGier)



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#DC udge 6) @ardners #!#.!%9 $rder reads: $+D+ + ;+/+


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appealaAility of the $rder ithregard to appeal of the issues pertaining to the oshi marriage!divorce, the Court finds the$rder 6* in only serving certain selected filings or orders in D-%&2%""& onCoughlin upon his Aeing terminated Ay >6*)

*pringgates letter to Coughlin supports the Consent Decree argument, to hatevere1tent any fees ere even still part of any operative $rder or Decree given *pringgates;roposed Decree of .!#"!%9 contained a section e1pressly providing for such fees, here the

0inal Decree #DC udge 6) @ardner entered on !"9!%9 (hich noAody served on Coughlin,conveniently' contained all of *pringgates ;roposed Decree save the paragraph thereinproviding for an aard of attorneys fees) 0urther, udge 6) @ardners $rder of 7!".!%9further supports the position that there as no longer any attorney fees aard, as a sanction orotherise (li5ely due to a recognition of the legitimacy of Coughlins argument ith respectto *pringgate having failed to comply ith N+C; ""s #" day safe harAor provision(incorporated into N+* 7)%&. Ay the e1press language of such statute' in addition to the factthat the 4!"3!%9 $rder 6* and *pringgate arguaAly entered into a Consent Decree even further vitiating anyfinding that attorneys fees ere aarded) *pringgates letter to Coguhlin of "#!&!%9 reads:

LDecemAer &, #%%9 -<


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the help and ould Ae happy to put this case Aehind me) ;lease advise as to your intentions)-ery truly yours, $8N ;) *;+N@@ednesday,NovemAer "4, #%"#, ; "74, 6 "3 2; "&%, 6 4) *ee 8earing 1hiAit &) (N$/: "#e$e is '%"#i'9 i'"#e $e(%$ "% s)77%$" "#e fi'i'9 "#a" C%)9#li' $e(ei&e s)(# le""e$ fromBa$ C%)'sel, in factCoughlin testified to Bar Counsels chicanery in that regard, and certainly Eing should not Aealloed to LtestifyH to sending Coughlin some letter that Eing refused to even see5 have admitted

into evidence, especially here Eing successfully moved, on an e1 parte Aasis, to uash CoughlinssuApoenas on Eing and *BN Cler5 of Court ;eters, not to mention +;C 3)7, etc))0)$"#e$, "#e$e is '%"#i'9 i' "#e $e(%$ "% i'i(a"e "henCoughlin first sa"such 3!"4!"#

grievance letter that +C udge Nash 8olmes sent to the *BN, not Coughlin (Eings constanttrumpeting of the LAates stampsH that he had affi1ed to the Ao1 of 3,#%% pages delivered to Coughlinfour Kudicial days Aefore the hearing (in flagrant violation of all of *C+ "%.(#'(c' references the Aatesstamps found on the 8earing 1hiAit &)))and here Eing admits such letter did not have any suchAates stamping on it to Aegin ith, its inappropriate for Eing to have successfully had admitted such



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version ith Eings ""!7!"# production of 3,#%% pages orth of Aates stamped *C+ "%.(#'(c'materials (none of hich include any Canon #, +ule #)". letters from the udges hose orders Eingoffered as evidence of Coughlins professional mis(%')(", such as 8earing 1hiAit #s udge0lanagan $rder of !#.!"# in the appeal of the summary e&i("i%'from Coughlins former home laoffice that +ichard @) 8ill, s), AurglariGed hile managing to get Coughlin rongfully convicted

of criminal "$es7ass(see "9%"' Ay 8ills lying to, and ith, the +eno ;olice Department') *omeLclear and convincingH evidence of *hen Coughlin received or vieed such letter ould Ae prettyimportant to support the ;anels LfindingH that Coughlin Lfailed to directly respond"% >)es"i%'i'9$e9a$i'9 !#e"#e$ %$ '%" #e #a s)


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allegations to Bar counsel, the allegations made in the letter Ay udge 8olmes, and theaccompanying documents? did you respond to that investigationM <


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that Aelieve is relevant to the determination of the degree of punishment, if any, thatshould flo to you as a result of your (%')(") *o, r) Eing, move on, please) +)EN@: /han5 you) /8 >/N**: =our 8onor, can Kust uic5ly attempt to morethoroughly address that issueM +) C8-++e have multipleaddresses for r) Coughlin and cant seem to locate him Aeteen cases very

easily) >e are setting that case for trial and attempting to serve him at the mostrecent address e have ("4## ) 9th *t) U# +eno N- &9."#', al"#%)9# I #ea$"%a: he may be living in his vehicle some"here) >e do have an address forhis mother, hoever, as she recentlyposted part of a finefor him)udge Een 8oard, Department 4, had a case on r) Coughlin late last year

that is no on appeal to the *econd udicial District Court) udge Bill @ardner,Department #, also has a matter currently pending in his court ith r)Coughlin as the defendant) have enclosed some copies of documents fromthose matters, in chronological order, simply Aecause they appear todemonstrate that he is #uic$ly decompensating in his mental status) $ur staff

also made you some audio tapes of Coughlin in the matters in Departments #and 4 so you can hear for yourself ho this attorney acts in court) =ou can seehis Aehavior in my traffic citation case does not appear to Ae an isolatedincident)t is my understanding that +eno ustice Court also has a matter pending on this

attorney) M: J)i(ial Assis"a'" !as (%'"a("e


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C%)$" a' "#e: s"a"e "#a" "#e: $e7$ese'" #i8 i' a G$%ss 8ise8ea'%$

8a""e$ i' RJC. I #a&e '% %"#e$ i'f%$8a"i%' %' "#a".

ou "ill have the full cooperation of myself, the other judges, and the staff ofReno unicipal Court in your pursuit of this matter) r) Coughlin haspositioned himself as a veatious litigant in our court, antagoniGing the staff

and e&e' %)$ 7$% "e87 ?)9eson the most simple traffic and 8ise8ea'%$matters) do thin5 this is a case of some urgency, and apologiGe for "ai'9"!% a:s "% 9e" "#is 7a(a9e "% :%)? our / person as ill and could not ma5ethe copies of the audios of r) Coughlins hearings until today, and felt it asimportant that the audios Ae included in the materials to Ae considered Ay the*tate Bar) O' Fe


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hich certainly is not supported Ay the Certificate of ailing on such #!#&!"#$rder at +$< ""7#, hich indicates such $rder as mailed to Coughlin at thevery L"#" +iver +oc5 *t)H address from hich udge Nash 8olmes andseveralDepartments of the +C 5ne Coughlin had Aeen evicted from Ay the very+ichard @) 8ill, s), referenced at +$< ""7% lines #42#& (L L' here such

Certificate of *ervice fails to include a chec5 ne1t to L>ashoe County ailH andinstead seems to indicate only that such $rder as fa1ed to some unspecifiedfa1 numAer, though, Coughlin can attest, he certainly as not fa1ed any such$rder (the +C has steadfastly refused to e1tend any such courtesies toCoughlin from the very Aeginning, despite there Aeing a multitude of instanceshere Certificates of *ervice Aeteen the +C and the +C< and the +Cscourt appointed defender allo for service Aeteen each other Ay email or fa1,even here Coughlin pleaded ith the +C to at least copy him on such $rdersdue to the domestic violence Aased interference ith his mails he as facingduring the times in uestion at "4## ) 9th*t) U# (not to mention the misconduct

of the *;* @olden -alley *tations Buc5 8yde, and /erri ;assot, and @ayleEern, s), and her LassociateH *usan Eing of >estern Nevada anagement(property manager') nterestingly, the Certificate of *ervice for a 3!&!"# $rderAy udge 8olmes denying Coughlins others reuest for a return of the I"%%she paid to have Coughlin released from the summary . day incarceration oneday early (doing Lthe old sitcherooH the +C too5 Coughlins mothersmoney, then concocted a ridiculous scheme here a Kail deputy removedCoughlin from his cell and al5ed him don, in chain the entire time, to theAoo5ing des5, and announced he as having an Lad Aoo5H done, thenimmediately returned Coughlin to his cell) (insert complete te1t of ridiculous

3!&!"# $rder in #&%%, here Coughlins mother, ell over one year after such$rder as entered, mysteriously and uitely as mailed such I"%% Ay the +C,hich also appears to have mailed Coughlin the I"#%)%% Aail he as forced topost hen he could ill afford to, on "!"#!"# incident to +ichard @)8ill, s),getting Coughlin arrested for Kayal5ing hile 8ill oAtained he on command/;$ from +C udge *chroeder in less than forty minutes time in +C;#%"#2%%%%"&, sufficient to oAstruct Coughlins aAility to film any more the fact that8ills contractor, NBs ;hil *teart, had via 8ills filings, suAmitted Ailsl tocourts see5ing to charge Coughlin I",%%% to Aoard up Coughlins former homela office ith Coughlins on plyood, and other misconduct Ay 8ill)


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the storage area in the attic' then 8ills associate Ba5er lied in his "!3!"#$ppsoition to Coughlin N+* 4%)3&. otion to *tay of "#!3%!"" in alleging heand 8ill and entered some agreement ith Coughlin to allo Coughlin moreaccess to remove his Aelongings in e1hange for a aiver of the securitydeposit!cleaning fee of I7%% that remains unreturned despite their failure to

provide a ritten account ithin 3% days and especially here collateralestoppel ought prevent any assertion of rent Aeing oed incident to theaAandonment of the non2payment summary initial of to cases Arought in+ev#%""2%%"49#)


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page . of such $rder at +$< "7#7, the Aates stamping Eing had applied to allpages of the 3,#%% page production to Coughlin on ""!7!"# (pages " through 4of such LversionH of the $rder Eing included in the Lpac5etH in 08" purportedto Ae an accurate copy of the version of such 3!"#!"# $rder attached as 1hiAit 3to Eings Complaint, hen, in fact, Eing and *usich used the same Alurry,

illegiAle copy of such $rder in Aoth Eings Complaint and the version attachedas an 1hiAit in %97. that Coughlin as5s this Court ta5e Kudicial notice of no(ie, a legiAle copy ithout the ""!7!"# Aates stamping')


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form the +C hold out for such purposes, directed toards oAtaining the audiotranscript of all hearings in that matter, including that of #!#7!"#, hich the+C refused to respond to)))hich is hy Coughlin had to stealthily have hismomma go oAtain to the audio transcript from the +C, in addition to theLversionsH hich Eing and the *BN finally provided Coughlin in late une

#%"#, hich Eing, curiously, alleges to Ae Lnot certifiedH and apparently lac5ingin foundation and proAaAly not all that truthful, apparently (if "#a";s s%, "#e'!#: is';" s%8e%'e i'&es"i9a"i'9 "#e RMC f%$ 7$%&ii'9 altered a)i%"$a's($i7"s "% "#e SBNM')

3") $narch , !1Coughlin caused to Ae filed an


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LL0;! 0N


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Cler5 of Court ;eters) here *uch Did Not ven @o $ut /he Ne1tDay "%!#.!"", But >as $nly ;ic5ed p By /he sps $n "%!#!"#, ;reKudicingCoughlins here ;anel Chaircheverria, Curiously (even /hough /he ;anel 8ad $nly Been Designated /he;revious Date, "%!3%!"# By NndA Chair *usich' ntered


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is not all that surprising considering Eings on signature on that $ppositionindicates such as +espectfully suAmitted on this #. day of $ctoAer, #%"# */


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similar (such as a Demurrer, a otion to Dismiss, a otion for ore Definite*tatement, etc', not $ppositions, so cheverrias suAseuent Lconclusion of laH thatthe allegation in Eings Complaint Lcould be ta$e as admitted as a matter ofdefaultH in vie of his LfindingH that Coughlin failed to file a Lresponsive pleadingHis seriously undone': /herefore, / * 8+B= $+D+D:)) ")otion to Dismiss

7$e7a$e*eptemAer ", #%"#, andfiled$ctoAer ", #%"#, is DND) #) M%"i%'f%$ O$e$ "% S#%! Ca)se+egarding mproper


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reason, are those part of the record that go up on appealM n civil litigation, ithhich m only familiar, that does Aecome part of the record if so designated) +)EN@: f the orders go up, pleadings that are not admitted do not go up) +)C$@86N: =our 8onor, if can Kust interKect 22 +) EN@: n other ords,everything r) Coughlin sent, oftentimes ith these multiple captions here hes

sending them to many people, he might caption as a pleading, it doesnt ma5e it apleading) t has to Ae something that as sent to us, filed in, and that ould Ae apleading)


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#%"2#%4 Notice of Non2*ervice of ntent to /a5e Default of hopper Choc5ed "%!9!"#


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*ummary of vidence prepared Ay Aar counsel pursuant to *upreme Court +ule)(o the etent that Coughlin "ants to revie" the disciplinary files pertaining tohis case, .ar Counsel has no objection) Coughlins M%"i%'s "% Bif)$(a"e a'"% Dis8issmust Ae denied as totally lac5ing in merit) Consistent ith otherpleading filed Ay Coughlin, the instant motion is tenty2seven (#7' pages long

including over one hundred ("%%' pages of attached documents) /ogether themotions lac5s merit and must Ae denied) /he Complaint in this matter issufficiently clear and specificas "% informC%)9#li' of the charges againsthima' the underlying conduct supporting the charges)/he Complaint includes t"o criminal convictions(N$/:s)(# s%$" %f)'e$8i'es "#e NNDB Pa'el;s fi'i'9s a' (%'(l)si%' 7$e8ise )7%' "#e

&ie! "#a" C%)9#li' s)s"ai'e "!% ($i8i'al (%'"e87" (%'&i("i%'s,noM' anda Court $rderfinding that by clear and convincing evidenceCoughlin violatednumerous rules of professional conduct) *ee *C+ "%.(#') (N$/: funny, nomention of 08#, udge 0lanagans attorneys fee LsanctionH (ell,

+presumably, rightM No mention of #DC udge 6) @ardners stale, lachesridden $rder Aeing asserted as a Aasis for charging Coughlin ith violations ofLnumerous rules of professional conductH'Coughlin had tenty (#%' days to file a verified ans"erto the Complaint)nstead, Coughlin attempted to avoid service and no argues that the ComplaintAe Aifurcated and or dismissed) Coughlin has Aeen temporarily suspended Ay theNevada *upreme Court as a result of a *C+ """ petition filed after appeal of amisdemeanor conviction) /he Court referred the matterto a disciplinary panelof the Northern Nevada Disciplinary Board) /he pending formal Complaintfiled Ay the *tate Bar of Nevada "as not based eclusively on the %CR 111

petition, Autprimarilyfrom grievancesfiled "iththe $ffice of Bar Counsel)Coughlin is misapplying the Court *rder resulting from a %CR 111 petition)/he *upreme Court said, regarding the criminal conviction, that the only thingto Ae decided is the discipline or penalty that should Ae imposed) /he Courtsposition on this is consistent ith the fact that Coughlin as found guiltyAeyond a reasonaAle douAt and therefore the *tate Bar need not prove thatCoughlin committed the crimes) Coughlin ould li5e that interpretation to meanthat that *tate Barmay not bring multiple disciplinary charges againstCoughlin in the Complaint) Clearly, Coughlins interpretation is rong)/he *upreme Court in the same $rder found that Coughlin is suspendedpending a disciplinary hearing) (N$/: the phrase Lformal disciplinaryhearingH as found in *C+ "%., is aAsent Eings restatement of the !&!"# $rderin %&3&') Coughlins otion to Dismiss, "hile largely unintelligible, is Aasedon Coughlins assertions that Bar Counsel failed to conduct an adeuateinvestigation) *ee otion page " ll "%2 "# here Coughlin argues as follos:L*o Coughlin has Aeen and continued to tell Eing aAout the ridiculousness ofthe conviction and dismissal of the appeal in the criminal trespass matter, andEing gets all spoo5ed aAout his utter failure to investigate, and tries to Kam



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through an *C+ """ filing hile on the phone ith Coughlin)H otion page "ll "%2"#)(his matter#as


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Coughlins LallegationsH (N+C; "" Ay ay of N+* 7)%&. involves LallegationsH, right,>illiam 6) /erry, s), not the LargumentsH addressed in +;C 3)3s Lmeritorious claimsHrule' ere not LAased in fact or laH here, ultimately, as admitted to in her !"9!%9 0inalDecree of Divorce, #DC udge 6) @ardner (only after her $rder gave >6*s lcano aprete1t to fire Coughlin' had to admit that some alimony, in fact, as appropriate (ie, hard to

argue Coughlin Lve1atiously e1tended a proceedingH Ay failing to Auy *pringgate and udge6) @ardners hard sell of *rpinggates Lsettlement proposalH herein Coughlins client as toaive any claim for alimony in e1change for some illusory agreement that *pringgates clientould Ae reponsiAle for the inflated medical deAt, and third party unsecured credit card deAtfor hich *pringgates client as the sole signatory (Coughlin provided the *BN all hisfilings in .3&33 and .4&44, hich ell detail the hole Ldomestic duty has priority over thirdparty deAtH Aasis in Lfact and laH that should have prevented the ridiculous LsanctionH Ay#DC udge @ardner (especially here Coughlin referenced his 6* (*ternlicht can Aehave in as outrageously offensive andcaustic manner as she please)))Coughlin needs to follo a dress code, hip up a ;etition tochallenge the Board of ualiGations ruling that non2profit >6* must pay its for profitlandlords property ta1es in the days preceding the very trial from hich #DC udge 6)@ardners 083 $rder stems, etc), and the minute Coughlin voices any annoyance ith notAeing given the raise promised upon his Aeing employed at >6* for one years time (hereCoughlin had Aeen employed "& months Ay that point', >6*, rather than address the reasonsAehind >6* ;resident Eathleen Brec5enridge ordering and oAtaining a copy of the 0-%92%%&& /;$ hearing herein Coughlin, representing a, gasp, male victim of domestic violence(see %3%#, %3"7 for details on *ternlicht declaring to an assemAly of dv victims (that

included to men' at a clinic that Lmen cannot Ae victims of domestic violenceH for an ideaof hy >6* ould prefere to Kump on the prete1tual Ludge 6) @ardners 4!"3!%9 $rder6* Brec5enridges oAtaining acopy of the recording (as noted in the doc5et in such case' of the 3!"#!%9 /;$ hearing priorto the entry of such 083 $rder Ay #DC udge @ardner (the doc5et notates thatBrec5enridge, apparently in response to Complaints Ay the same C


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during the second day of the divorce trial in D-%&2%""&, hich occurred on3!"7!%9, (ie, to Kudicial days apart ere the to trial dates in that divorcecase, contrary to >6* lcano sorn testimony and his Lnot in the heat ofAattleH commentary in his termination letter to Coughlin of .!7!%9 (8


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39) During the course of the hearing of this matter Coughlin continued to demonstrate apattern of (%')("similar to, if not identical to, (%')("in other forums for hich he had repeatedlyAeen sanctioned) *ee /ranscript of 8earing >ednesday, NovemAer "4,#%"#) ;leadings in this matterfiled Ay Coughlin ere e1ceedingly lengthy, demonstrated a lac5 of focus and understanding of theissues involved, ere ramAling and incoherent and contained discussion of irrelevant issues) *ee, e)g

8earing 1hiAits "4, "., ") !ee also, ;leadings Doc5et otion for $rder to *ho Cause ))) dated$ctoAer #,#%"#? otion to +evie and nspect Bar +ecords ))) 0iled $ctoAer ", #%"#? ;leadingentitled >ell >ould =ou 6oo5 at /hat ))) dated NovemAer 7,#%"#? mergency 1 ;arte otion/o Dismiss or Fuash ))) 0iled NovemAer "3,#%"#)

4%) Coughlins (%')("at the hearing included (%')("not reflected in the transcript ofthe proceedings Ay ay of facial gestures, Aody language, voice intonation and volume) *ee/ranscript of 8earing >ednesday, NovemAer "4, #%"#, ; "&", 6 "92; ", 6 ")

CONCLUSIONS OF LAW

Based on the foregoing 0indings of 0act, the ;anel hereAy issues the folloing Conclusionsof 6a:(


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DecemAer , attorney had four ee5s to oAtain ne counsel and to prepare for the continuedhearing) n re Discipline of *chaefer, #%%", #. ;)3d "9", ""7 Nev) 49, modified on denial ofrehearing 3" ;)3d 3., certiorari denied "## *)Ct) "%7#, .34 )*) ""3", "." 6)d)#d 974)

/he facts of this case oAviously reuired a continuance, hich Coughlin sought on numerousoccasions, Aut hich as denied, as as the case ith Coughlins filings see5ing to Ae granted

additional time to file a Lverified anser or responseH should the ;anel determine that Coughlin hadyet to do so (here Coughlin maintians that he had filed, more than once, Kust such a Lverified anseror responseH or the functional euivalent thereof: *ee +$< at:#%"2#%4 Notice of Non2*ervice of ntent to /a5e Default of hopper Choc5ed "%!9!"#


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personal, suAKect matter, and authorityH ' 22 +) C8-++


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;age "73 of the #!"3!"3 +$< is enormously proAlematic considering there is no indication such as attachedto the "%!9!"# Notice of ntent to /a5e Default, and it is e1tremely preKudicial to allo for the inclusion of (not to mentionthe presentation of it to the ;anel' of such a fugitive document, is not an affidavit, its not even signed, and its not sorn,and it goes to one of the very Aiggest issue of the case, one that affects the legitimacy of the entire case, the "#!"4!"#0$0C$6, and the holding of a formal disciplinary hearing on ""!"4!"#, ie, hether the Complaint as ever properlyserved')

$f course, Coughlins otion for $rder to *ho Cause (hich the *BN had to include in the +$< Aecausecheverriaas "%!3"!"# $rder referred to it and denied it (otherise, such ould not have even Aeen included in the +$


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party that is serving me) i'9No, the Court cler5 is serving you) =our at the *tate Baroffice Aeing served ith a Complaint Coughlin: ve got cases this the you can serve acriminal defendant hen they sho up to a civil proceeding i'9/his is *tate Bar)Coughlin: $h, get it) >ere playin prison rules, huhM 6i5e in that movie /he CaAle @uyhen im Carrey is playing pic5up Aall and says $h, ere playing prison rules,huhM /o

the guys ho Kust fouled him so hardM guess, e are playin prison rules don here atthe *tate Bar, huhM here Aelieveevery other documents Aeen sent, if you loo5 at the certificates of mailing attached at theend of the documents has Aeen sent in to 22 Ay to methods, first class mail and certifiedmail) *o its a little strange that notice of intent to ta5e default 22 mayAe this is some 5ind ofold school Bar counsel tric5) dont 5no) But it as only sent Ay one method, certifiedmail) *o go to pic5 it up once, the guy doesnt find it) go the ne1t ee5, and this is theguy /im 22 +) C8-++


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i'"e'" "% "ae efa)l") +) C8-++hatsthatM +) C8-++


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(' Coughlin "a s afforded ample opportunity to prepare a verified ans"er or responsetothe allegations of the Complaint andfailed to timely do so) *ee 0indings of 0act 34, 3. and 3)hether Coughlin violated +;C ")" (Competence')(#' >hether Coughlin violated +;C ")# (Diligence') (N$/: actually, +;C")# is L*cope of +epresentation and hether Coughlin violated +;C 3)3 (Candor to the /riAunal')(.' >hether Coughlin violated +;C 3)4 (0airness to $pposing ;arty andCounsel'(' >hether Coughlin violated +;C 3). (mpartiality and Decorum of the/riAunal'(7' >hether Coughlin violated +;C 3).< (+elations ith $pposing Counsel'



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(&' >hether Coughlin violated +;C 4)" (/ruthfulness in *tatements to $thers'(9' >hether Coughlin violated +;C 4)4 (+espect for the +ights of /hird;ersons'("%' >hether Coughlin violated +;C &)" (Disciplinary atters'(""' >hether Coughlin violated +;C &)# (udicial and 6egal $fficials'

("#' >hether Coughlin violated +;C &)4 (is(%')("'("3' /he e1tent of the discipline to Ae imposed pursuant to *C+ """ as a resultofCoughlins conviction of the serious crime of ;etit 6arceny)

(@' /he *tate Bar must prove Ay clear and convincing evidence that Coughlin violated +;C")",")#,3)", 3)3, 3)4,3).,4)",4)4, .< (sic',&)",&)#,and &)4) *ee Nev *up) Ct) +) "%.(#'(e'? n re *tuhff, "%&Nev) at 33234, &37 ;)#d at &.? @entile v *tate Bar, "% Nev) %, #, 7&7 ;)#d 3&,3&7 ("99%')

C%87e"e'(e

(8' +;C ")" states < layer shall provide competent representation to a client) Competentrepresentation reuires the legal 5noledge, s5ill, thoroughness and preparation reasonaAly necessary

for the representation)(' /he record clearly and convincingly estaAlishes that Coughlin lac5s the (%87e"e'(:torepresent clients, including himself)

(' 0irst, the record demonstrates severe criticism Ay the trial court in the handling of the oshimatter, including Coughlins lac5 of understanding of a Aalance sheet, his failureT to (%')("discovery, his lac5 of 5noledge of the rules of evidence and trial procedure) *upra #.

(E' *econd, udge Beesley testified that the pleadings filed Ay Coughlin on Aehalf of hisclient in a Aan5ruptcy case ere lengthy, didnt ma5e any sense, and Kust sort of ramAled through agreat deal of irrelevant stuff) udge Beesley also testified that Coughlins pleadings and argumentson Aehalf of his client didnt ma5e any sense) *upra " udge Beesley Aecame concerned enoughaAout Coughlins competency as a layer that he contacted the *tate Bar) *upra "7

(6' /hird, udge Nash 8olmes uestioned Coughlins competency as a layer and in her$rder finding Coughlin in (%'"e87"of Court noted that Coughlin disregarded the rules of evidence,continually imposed improper uestions, failed to properly e1amine itnesses, repeatedly as5ed theuestion, misstated ansers, inKected irrelevant material, argued ith itnesses and mischaracteriGedtestimony) *upra 7 (N$/: >here the punishment for contempt is limited to a fine or imprisonment,an attorney may not Ae disAarred as a punishment for contempt of court) 1 parte +oAinson, & )*)."3)'

(' 0ourth, udge Nash 8olmes found that Coughlins pleadings failed to address topics listedin the caption, contained ramAling references to Coughlins personal life and other irrelevantmaterial, ere overly lengthy, disKointed and incoherent) *upra 9 S "%

(N' 0ifth, the *tate Bar called to Kudges and to practicing attorneys (lcano is not listed asan active attorney at )nvAar)org, nor has he Aeen for over . years', each ith significante1perience ith Coughlin and each of hom rendered an e1pert opinion regarding Coughlinscompetency as a layer) udge Beesley testified that in his opinion, Coughlin as not competent topractice la) *upra J"&) udge Nash 8olmes testified that in her opinion, Coughlin violatednumerous +ules of ;rofessional (%')("including his lac5 of competency to practice la) *upraJ".)


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($' *i1th, the record estaAlishes that Coughlin %ffe$e '% e07e$" %7i'i%' %$ e&ie'(e as "% #is (%87e"e'(: )Dili9e'(e

(;' +;C ")# states < layer shall act ith $eas%'a' udge Nash 8olmes found, for e1ample, that Coughlin repeatedly inKected allegations of AriAery, perKury

and police retaliation in a simple traffic case involving the failure to stop at a stop sign) *upra JT7 *he also found that

Coughlin repeatedly inKected attorney +ichard 8ill into uestions and statements hen r) 8ill asin no ay involved in the traffic citation trial) *upra J 7 *he also found that pleadings filedsuAseuent to Coughlins incarceration ere lengthy (more than #%% pages' contained scant discussion of, or relevanceto, the matter and contained irrelevant discussion of facts unrelated to the proceedings at hand) *upraJ) "%

(' /he record estaAlishes that in the erliss e&i("i%'action, Coughlins (%')("as so ve1atious andfrivolous as to result in suAstantial sanction of attorneys fees) *upra J #" *ee 8earing 1hiAit #, ; #, 6 & 2"3? ;3, 6 42"")

(=' /he ;leading Doc5et in this matter estaAlishes also that Coughlins filings, even in hison defense of the disciplinary matter, inKect lengthy, irrelevant facts and legal issues into thisproceeding)

Ca'%$ "% "#e T$iednesday, NovemAer "4, #%"#, ; "39, 6

(BB'


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continuing pattern of 5noingly ignoring and disoAeying instructions from the Court)(00' n his $rder of (%'"e87", udge 8oard found that Coughlin refused to oAey directives

of the udge and continued lines of uestioning after Aeing instructed to refrain from doing so) *upra4

(@@' udge Nash 8olmes, in her $rder of (%'"e87", found that Coughlin incessantly argued

ith the Court, interrupted the Court, repeatedly restated matters after having Aeen admonished torefrain from doing so, disregarded directives to as5 properly phrased uestions and disoAeyednnerous admonitions Ay the court to stop repeating uestions, misstating ansers, inKectingirrelevant material, arguing ith the itness and mischaracteriGing testimony) *upra J 7 triAunal)repeatedly (%')("s himself in a manner that is is$)7"ive of the triAunal hile in the courtroom)

(88' /he transcript of the hearing in this matter clearly demonstrates that Coughlinrepeatedly and incessantly interrupts itnesses, counsel, ;anel memAers and ;anel Chairman andrefuses to heed admonitions to refrain from doing so) *ee generally of >ednesday, NovemAer "4,#%"#)

I87a$"iali": a' De(%$)8 %f "#e T$i$> in response to courtrulings? laughing during testimony and further uestioning the court and its authority)

*ee 8earing 1hiAit "" $+D+ 0$+ *


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8oard))non e of hich have a Certificate of *ervice (notice no harping on ho the appeal turnedout Ay the ;anel Chair for either of the Lcriminal convictionH for contempt)))indeed, here +Colff, ""#Nev) "3.., 9#9 ;)#d "9, and *hydler v) *hydler, "94 Nev) "9#, "9, 9.4 ;)#d 37, 39("9&&')))) / * *$ $+D+D)

/he only other differenceAeteen *pringgates ;roposed Decree and the final Decreeof Divorce udge 6) @ardner entered is found in paragraph .: L.) *;$*olff v) >olff,""# Nev) "3.., 9#9 ;)#d "9 ("99', and *hydler v) *hydler, "94 Nev) "9#, "9, 9.4 ;)#d37, 39 ("9&&')



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>itness the alterations to *pringgates ;roposed Decree aAove in the final Decree ofDivorce udge 6) @ardner ultimately entered: L.) S7%)sal S)77%$": /he Court has found thatr) oshi is ." and s) oshi is 4? the parties earn roughly euivalent amounts? "#e 7a$"ies#a&e olff v) >olff, ""# Nev) "3..,9#9 ;)#d "9, and *hydler v) *hydler, "94 Nev) "9#,"9,9.4 ;)#d 37, 39 ("9&&'H

8oever, J)9e L. Ga$'e$;s fi'al De($ee %f Di&%$(e !%)l )7 #i9#li9#"i'9 "#efa(" "#a" C%)9#li' i, i' fa(", 7)" %' e&ie'(e s)77%$"i&e %f a' ali8%': (lai8, the factthat the parties had Aeen married #" years, (here, at least under the L/onopah formulaH isover tice the ten years rule of thumA so commonly predictive in family court of hetherthere ill Ae an aard of at least some, or rehaAilitative alimony, especially here there arechildren of the marriage) udge 6) @ardners final Decree of Divorce altered the language in

*pringgates ;roposed Decree in a manner hich accentuates such fact (hich Coughlinargument during trial and direct e1amination of his client, s) oshi, estaAlished, inCoughlins ma5ing argument for an aard of alimony that as, in fact, Aased in fact and la(in addition to Coughlins insightful invocation of an 6* and lcano completely oAstructed Coughlins aAility todisprove such, including refusing to allo Coughlin to access his formercoughlinGVashoelegalservices)orgemail account or * $utloo5 files' especially here Coughlin isnot in privity ith s) oshi' here *pringgates retort to Coughlins inuiring as to Kust hatdiscovery *pringgate himself conducted as met ith the specious response that L+ did mydiscovery in the 1F)1H (see *pringgate email to Coughlin to support the Alan5et assertion thatsuch L8) Ieneral Credit Card DebtH (hich J)9e L. Ga$'e$ s"%7s s#%$" %f fi'i'9 "%


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a((%)'"s f%$ !#i(# #e$ #)s6* on 4!#%!%9(the day after his ritten complaint to lcano of a hostile or5 environment and other issues'incident to udge 6) @ardners or5 in 083, particularly ith respect to the final Decree ofDivorce and the impact thereof as to the $rder DC+ 9 ;roposed 0inal Decree, +: discovery reuestsM 0rom:

Zach Coughlin (GachcoughlinVhotmail)com' *ent: *un .!#4!%9 7:"9 ; /o:springgatelaVsAcgloAal)net 8i on, 8ave you suAmitted a 0inal Decree or 0indings

of 0act yetM >ill you Ae providing me a copy) DC+ 9M



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f am, have . days to oAKect to it, etc)))+ $no" "e previously discussed language forban$ruptcy concerns in our settlement discussion, but + feel it is important for the finalorder to specify "hat is for "hat so that any G3&a&1G or G3&a&G issues do not becomeproblematic? granted she is >6*s client)))7o"ever, to the etent that the 2inal Decreespells out the sanctions, + believe + am entitled to G days to revie" any proposed 2inal

Decree prior to your submitting it) )))Can you respond to my earlier uestion, see Aelo,regarding "hether you ever sent any discovery re#uests to s) 8oshiM *incerely, ZachCoughlin)))) LH

L+: >DC+ 9 ;roposed 0inal Decree, +: discovery reuestsM 0rom: arc


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Ms. J%s#i i' "#e e&e'" M$. J%s#i file f%$ 6* did not see fit to include Coughlin onnumerous Certificates of *ervice (or, indeed serve him such documents, never mind >6*utterly failing to defend Coughlin, support him in having the 4!"3!%9 $rder 6* employeeshom Coughlin ould need oAtain chec5s from to send out discovery, etc), or those thatprove Coughlin did in fact e1tensively research the issues involved in that case prior to ta5ingthe positions he too5 at trial', and the #DC removed Coughlin from the list of individualsaAle to access such case on e0le1, unless Coughlin paid an I&& real party in interest firstappearance fee (hich >6* refused to pay on Coughlins Aehalf', and Coughlin as notalloed to LappealH the $rder


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and >6* to let Coughlin continue to litigate an appeal and then a ;etition for >rit all thehile Aeing unaare that #DC udge @ardner had entered an $rder on !"9!%9 hichvitiated completely the 4!"3!%9 attorney fee sanction)

t is entirely clear hy udge 6) @ardner, *pringgate, and >6* did not ant Coughlinto Ae aare of the !"9!%9 Decree, specifically to the e1tent that the changes from the $rder

6*s rationale proffered for firingCoughlin, hich rested entirely, (Lsole reasonH according to lcano' upon udge 6) @ardnerssince 4!"3!%9 $rder 6* (see %3%#, %3"7' madethe decision to terminate Coughlin employment, announcing such to Coughlin on .!7!%9,ma5ing the !"9!%9 date of entry of the final Decree of Divorce incrediAly convenient for allinvolved e1cept Coughlin)))Kust so long as Coughlin does not Aecome aare of the entry ofsuch final Decree on !"9!%9, and so long as he is not aare of the e1tent to hich thechanges Aeteen the to completely vacate the sanctions, and, in doing so, eviscerate >6*srationale for terminating Coughlin)

L0rom: GachcoughlinVhotmail)com /o: springgatelaVsAcgloAal)net *uAKect:

discovery re#uestsDate: on, "& ay #%%9 %9:43:"7 2%7%% 8i ohn, Do you have anyrecord of sending any discovery reuests to Bharti oshiM f so, could you indicate hat theyere and hen and provide a copyM *incerely, Zach Coughlin, s)H

+e: >DC+ 9 ;roposed 0inal Decree, +: discovery reuests 0rom: ohn *pringgate(springgatelaVsAcgloAal)net' ) *ent: /ue .!#!%9 .:"4 ; /o: GachcoughlinVhotmail)com" attachment #%%9%.#"7"".&7.&)pdf (34.)% EB' ") /he proposed order as filed ay #") have attached a copy via pdf) 5ept it very sparse on the sanctions) #) /he Aan5ruptcyconcerns are not your issue, she is not your client) 3) did my discovery in the ")")H

Coughlins conduct therein, is made all the more understandaAle given the complaintsto lcano Ay then named L/ahoe >omens *ervicesH upon Coughlin failing to satisfy

LadvocateH Cecilia @onGaleGs standard as to Kust ho much he should have e1orted his thenclient ;aula 8auAl to proceed at the e1tension hearing for the order of protection she oAtainedagainst her husAand, here rs) 8auAl as e1tremely conflicted in that regard, and here8auAl actually spo5e ith and rote to lcano praising Coughlins representation of herincident to lcano conducting an investigation in response to />*s ritten complaintagainst Coughlin, hich lcano refused to provide to Coughlin')

*uch Arings to mind the uestion, then ho as *pringgates use of discovery,presentation of various forms of LevidenceH (testimonial, documentary, or otherise'sufficient to avoid a sanction, not to mention his L5noledge of procedural rules and rules ofevidenceH here *pringgate, not Coughlin violated udge 6) @ardners ;re2/rial orderrespecting the reuirement to provide Coughlin a copy of the Lmore than ten e1hiAitsH that*pringgate offered, Lprior to trialH in a form that is LAound, taAAed, and inde1edH (ironically,*pringgates violation of such procedural order (udge @ardners 083 ta5es Coughlin to tas5here he oAKected to such Lthen failed to cite to a specific ruleH, despite there Aeing nospecific rule, Aut rather, such Aeing la of the case incident to the ;re2/rial $rder thatCoughlin, not *pringgate, complied ith')

ndeed, udge 6) @ardners $rder of 7!".!%9 further e1plained: LI's%fa$ as ... "#ea!a$ %f a""%$'e:;s fees,...the Court did not intend the a"ard of attorney's fees to be



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included in the Decree of Divorce))))$n ay "3, #%%9, a otion to *tri5e as filed Ay ohn;) *pringgate, s), alleging )))there "as no final judgment entered in this matter yet as the*rder After (rial had not been memoriali:ed into a 2indings of 2act, Conclusions of /a",8udgment and Decree of DivorceH)H

@iven that, the stipulation to an Amended $ecree bet*een !pringgate and 9:! on

;6 3&3&4&7 (Nev) #%"%') n light of our decision to reversein part the district courts grant of summary Kudgment in favor of respondents, e concludethat any aard of attorney fees and costs under N+C "&)%"%(#'(A' is premature, and thus, the

aard must Ae reversed) Eahn, "#" Nev) at 4792&%, ""7 ;)3d at #3& (reversing an entire feeaard made under N+* "&) %"%(#'(A' hen a summary Kudgment as reversed in part andaffirmed in part on appeal') Nev),#%"%) dards v) National Credit ednesday, NovemAer "4, #%"#) (N$/:no, not good enough cheverria to go *ee generally, see, getting specific) 0urther, the 08 #$rder aarding attorneys fees failed to specify such as Aeing against Coughlin in his role as his onattorney, versus against Coughlin as the litigant incident to 0lanagans void application of a



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prevailing party attorney fees statute that only applies to plenary Kudgments anyays (N+*9)%.%')

Rela"i%'s !i"# O77%si'9 C%)'sel(NN' +;C 3).< states >hen a layer 5nos or reasonaAly should 5no the identity of a layerrepresenting an opposing party, #e %$ s#e s#%)l '%" "ae a&a'"a9e %f "#e la!:e$


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(**' /he record estaAlishes clearly and convincinglythat in the erliss e&i("i%'action,Coughlin (%')("ed himself in a manner that as abusive, veatious and for purposes of delay) /hematter as asimple evictionaction (apparently all evictions are LsimpleH in Nevada, huhM' thatapparently lasted through several proceedings at the unicipal Court level, an appeal to the DistrictCourt and to appeals to the Nevada *upreme Court and hich also resulted in Coughlins

conviction for criminal "$es7ass) *upra "9 and #%

Coughlins (%')("in the proceedings as so egregious that udge 0lanagan orderedCoughlin to pay(N$/: notice such is not referred to as a LsanctionH and does not specify hetherCoughlin the litigant or Coughlin acting as his on attorney as the capacity in hich such LorderHas issued)))Aut regardless)))such is irrelevant Aeyond estaAlishing the defensive collateral estoppelAar to all the various +;Cs the *BN and ;anel 5eep trotting out ith such LorderH in an attempt tos5ip straight past even estaAlishing any such violation Ay ay of meeting a Aurden of proof via theintroduction of actual evidence (rather than hearsay via an interested party dressed up as Le1perttestimonyH' (8ill, udge Nash 8olmes, lcano'' Dr) erliss I4#,%.).%, an amount that is stillunpaid) *upra #"

(//' /he record also estaAlishes that Coughlin #ahose competency is Aeing uestioned, againM

Dis(i7li'a$: Ma""e$s

(' +;C &)"(A' provides, in pertinent part, ))) a layer ))) in connection ith a disciplinaryshall not: (A' ))) '%!i'9l: fail "% $es7%' "% a la!f)l e8a' f%$ i'f%$8a"i%' f$%8 a'a8issi%'s %$ is(i7li'a$: a)"#%$i":)))H

(--' /he record clearly and convincingly establishes that Coughlin $no"ingly failed torespond to the %tate .ar's re#uest for information in the disciplinary proceedingand faile "%"i8el: file a $e>)i$e &e$ifie $es7%'si&e a's!e$ %$ 7leai'9 "% "#e C%87lai'")

(>>' Fi$s", C%)9#li' ase f%$ a' e0"e'si%' %f "i8e "% $es7%' "% "#e le""e$ %f Fe)es"i%'s i'>)i$i'9 if C%)9#li' e&e$ s))e'"l: $es7%'e "% Ba$ C%)'sel;s

le""e$ %f Feednesday, NovemAer "4, #%"#, ; "9, 6 "3 2; "7#, 6 ")H

8


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dont 5no hat it is) /N**: No, that asnt the uestion) 8e said did you receive thisletter) )es"i%' is Di :%) se' as))e'" le""e$ %$ e07la'a"i%' "% "#e S"a"e Ba$M n other ords, youre as5ing for

additional time) Did you ever send 22 < >hat you do is evil, ;at) +) C8-++/N**: >hat you do is evil) +) C8-++


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this point) *o right hen got that letter 22 and thin5 if had Aeen '%"i(ed on this, ouldhave given you the envelope that shos that there as some 22 li5e the post office ouldntlet me 22 forget e1actly hat happened) But thin5 gave ;at this stuff 22 +) i'9>ith the chairs permission, ll move on) /8 >/N**: 22 legitimate reasons hy didnt get this that evince a lac5 of culpaAility on my part) But thats consistent ith hat

;at does) 8e puts on stuff he 5nos is Aaseless) +) C8-++hen did you first respond suAstantively to r) 8ills complaintsM have not heard ananser) /he response 22 /8 >/N**: =eah) +) C8-++


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(d' ngage in (%')("that is preKudicial to the administration of Kustice)(' /he ;leadings, 8earing 1hiAits and /ranscript of these proceedings overhelmingly, clearly and

convincingly estaAlish a repeated, unrelenting and oAstinate pattern %f 8is(%')("


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Disciplinary .oard for further disciplinary proceedings, i' a((%$a'(e !i"# SCR ///*-a' *4) H

8ell, it could consider thetrespass thing certain, rightM B)" Ba$ (%)'sel file a' SCR ///. 7e"i"i%' $e(e'"l:. W#a"%es "#a" 8ea' I" 8ea's Ba$ (%)'sel "#e8sel&es a8i" "#a" "#a" !as '%" a se$i%)s

($i8e, a se$i%)s %ffe'se as el)(ia"e )'e$ SCR ///.2H


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the same effect as though the defects or mista5es had never e1isted)Q#R 8oever, it usually does notma5e a ne Kudgment or confer any ne or additional rights,Q3R although any suAstantivemodification of a Kudgment constitutes an opening of the Kudgment,Q4R and a change materiallyaffecting a Kudgment and the rights of the parties against hom it is rendered and involving thee1ercise of Kudicial discretion does amount to a ne Kudgment)Q.R @enerally, an amendment leaves

the original Kudgment effective and unimpaired)Q R >here the court stri5es part of a Kudgment, theremaining portion stands, so that the court need not enter a ne Kudgment ith the stric5en partomitted)Q7R


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Nash 8olmes, udge >) @ardner, etc), etc) /he +C and #DC decided not to Koin the party Eingthre, and for good reason) /he +C either as not smart enough to do that, or had to deal ith therash, imprudent, acts of Kudicial conduct that it had already committed to record (%&3& (aAuse of thecontempt poer, misconduct in illfully violating Canon " +ule ")" in failing to aAide Ay thendigent Defense $rder', "9%" (failure to recuse here either per se reuired, or overhelmingly

indicated, violations of N+* "7&)4%., ridiculously Aiased approach throughout the case (not right toconfront the arresting officer even', the +Cs 6isa @ardner trashing the timely notice of appealCoughlin filed on !#&!"#, and, li5e in the case resulting in %&3&, the +C illingly and5noningly countenance a multitude of instances of misconduct Ay City of +eno prosecutors and thecontract Aased court appointed defense counsel the +C or City of +eno employs', and udge Nash8olmes hysterical offensive, etc)

8


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C8-++hich e1hiAit, sirM +) C$@86N: 1hiAit 4, your 8onor) B= +)C$@86N: F =ou rote, defendant lying to the court in response to direct uestions posed Ay thecourt) >hat ere the lies in your vague order that lac5s any specificity to support a summarycontempt finding, hat ere those lies that you failed to elucidate in your orderM +)C8-++hat ere you referring to hen you rote,Defendant lying to the court in response to direct uestionsM < >ell, it ould Ae e1plained in theorder there) dont rememAer everything at this time Aecause dont have it in front of me) But doAelieve that you lied aAout or misrepresented that you ere not recording, Aecause Aelieve youproAaAly ere) dont 5no) Aelieve you proAaAly ere)


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property (the smart phone and micro sd card of a practicing attorney, and his cell phone' released tothem (hich Aoth the +C and >C*$ have since lied aAout in attempting to cover such up, Aut,darn it, Deputy 8odge told the truth to Coughlin on 3!"9!"#, and people are Kust going to have to dealith that, and someone needs to e1plain the erasing of all the data on those items prior to their Aeingreturned to Coughlin (causing massive damages to Coughlins life and practice', and the e1tent to

hich such Aeing done has preKudiced Coughlins aAility to defend himself (cant e1actly offer intoevidence the micro sd card or smart phone to prove that Coughlin did not, in any ay, lie to udgeNash 8olmes in response to her enormously inappropriate sua sponte interrogation of himimmediately afterthe one restroom Area5 on that trial date, and, contrary to cheverrias fraudulentattempts to find that Coughlin failed to deny such accusations, Coughlin most certainly did, in fact,he has denied each and every accusation made in Eings piffle ridden Complaint)

/he fact that cheverria and the *BN have clumsily sought to ma5e disappear the filingsCoughlin suAmitted on "%!3"!"#, ""!9!"#', "!3!"3, "!"7!"3, and others only further underscores thee1tent to hich all involved, e1cept for Coughlin, in this disciplinary matter are enormously immoral,corrupt, and, in many ays, rather inept) 6aughaAle is easel Clar5 -ellis tal5ing himself out of hisguity conscience stemming from Aeing such a illing participant in the gang Aang Eing and

cheverria put on on ""!"4!"#, here he oAviously relies on some attenuated and vague conceptionthat a Ausy Nevada *upreme Court ill catch anything important that he might have missed in thefilings included in that hich ould Ae transmitted ith the +$< (here Eent missed such Aecausehe admitted not to loo5ing at things, and not caring to, then he and Eing got caught lying aAouthether the *BN had provided copies to each ;anel memAer of the discs Coughlin attached ase1hiAits to his various filings, and -ellis, laughaAly, sallos don Eings nonsensical e1planationof Kust hat ill Ae included in the +$


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""%(4' issues here NNDB *usich refuses to communicate ith Coughlin in any manner, as as alsothe case ith cheverria, on top of the *BN providing all the misdirection and lies it could muster)

0urther, Ay L5itchen sin5H2ing it, here, the ;anel fails to do that hich the Court ordered it todo, here it does not specify the Lnature and e1tentH of the punishment for the conviction in %&3&,Aut rather lumps everything together in a ridiculously overrought, and, fran5ly, enormously

fraudulent LrecommendationH')DECISION AND RECOMMENDATIONn assessing the fonn of discipline to recommend, the ;anel has accounted for a numAer of

aggravating and mitigating factors that must Ae considered) /he ;anel finds that the *tate Bar hasshon Ay clear and convincing evidence the presence of at least eight of the eleven aggravatingcircumstances to Ae considered in accordance ith the provisions of *C+ "%#).("')

0irst, hile there have Aeen no fonnal prior disciplinary proceedings Ay the *tate Bar, therecord estaAlishes that Coughlin has Aeen disciplined Ay ay of sanctions on at least four prioroccasions)

*econd, the record reflects, at least ith respect to the erliss matter and the to criminaltrials, that the pattern of (%')("as for selfish reasons: to preserve an unlaful tenancy and to

delay and prolong criminal convictions)/hird, the record clearly and convincingly estaAlishes that the pattern of misconduct isconsistent *NOTE too Aad Eing failed to '%"i(eplead pattern on continuing mis(%')(" in hisComplaint' and includes, ithout limitation: the is$)7"ion of the proceedings? the refusal to heedthe directions and admonitions of the court? the inKection of irrelevant material and matters? the filingof lengthy, irrelevant and nonsensical pleadings? the illingness to lie to court and counsel and theinaAility to understand and follo the rules of evidence and procedure)

0ourth, the record clearly and convincingly estaAlishes that Coughlin has committed multipleviolations of the +ules of ;rofessional (%')(", as more fully discussed aAove)

0ifth, the record clearly and convincingly estaAlishes that Coughlin engaged in a Aad faithoAstruction of the disciplinary process Ay failing to file the pleading reuired Ay *C+ "%.(#' andinstead filing several lengthy, irrelevant and nonsensical pleadings, mostly pleadings filed in othermatters, and refiled in the disciplinary action under a similar Aut different caption) n some instances,Coughlin simply crossed out the case name and hand rote the names of the parties in the disciplinary proceeding)

*i1th, the record clearly and convincingly estaAlishes that Coughlin has refused toac5noledge the rongful nature of his (%')("despite having Aeen sanctioned on at least four prioroccasions)

*eventh, the record clearly and convincingly estaAlishes that Coughlin has shon a completeindifference to ma5ing restitution and has so far ignored orders to do so)ighth, the record clearly and convincingly estaAlishes that some of Coughlins mis(%')("involvesillegal (%')("that evinces fraud and dishonesty) 0or e1ample, he as convicted of one instance ofpetit larceny and is aaiting trial on a second)

/he ;anel finds fe potentially mitigating factors to Ae present) >hile the ;anel finds that

there is a lac5 of prior puAlic discipline Ay the *tate Bar, the ;anel notes that Coughlin has AeenpuAlicly criticiGed in the oshi matter, has Aeen heavily sanctioned ith an adverse aard ofsuAstantial attorneys fees in the erliss matter, and has Aeen incarcerated at least tice for criminal(%'"e87"of court)


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cause of the mis(%')(", no evidence of recovery Ay rehaAilitation and no evidence that a recoveryhas arrested the mis(%')("and that a recurrence is unli5ely to occur)

/hese potentially mitigating factors are ea5 at Aest and do not e1cuse the ell estaAlishednumerous and repeated violations of the +ules of ;rofessional (%')("and do not outeigh theaggravating circumstances estaAlished overhelmingly Ay the *tate Bar)

RECOMMENDATIONS/he ;anel recommends that the +espondent Ae ordered:("' rrevocaAly disAarred Ay the *upreme Court) >hile irrevocaAle disAarment is clearly the

harshest form of discipline, the unusual circumstances here, compounded Ay the repetitive nature ofthe mis(%')("prior ) to and even during the disciplinary process and hearing, clearly arrant the

level of punishment recommended)(#' /hat his temporary suspension Ae continued pending final resolution of this matter)(3' >ithin three (3' days of the effective date of disAarment, to demonstrate to Bar that he has placed all his

Nevada clients ith other counsel, otherise concluded the representation, or ith the assistance of Bar Counselthereafter attempted to e1peditiously aid any

remaining client in finding ne counsel)(4' /o pay the costs associated ith these proceedings pursuant to *C+ "#%)

INDE OF HEARING EHIBITS *SBN ;S / TO /1 C%)9#i';s //5 C#ai$;s /2

" 2I'e0 %f D%()8e'"s Sele("e f%$ Hea$i'9 Pa(e"Ay *BNs ;at Eing in attempt to s5irt hislie that he lac5ed a certified copy of every $rder attached to filings contained therein andcontaining numerous fraudulent ;roofs of *ervice Ay the *BN 7a9e 111 7. 112 . pages of hat Eing purports +;C e1cerpts (")#, 3)", 3)3, 3)4, 3)., 3).


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9 2Affia&i" %f P%&e$": 3 7 "# illiam @ardner in +C "" C+ #4%.page 444"42Ne! 3e$ifie Res7%'se Coughlin "" "4 "# Ne -erified +esponse after Chair cheverriasthreatening misstatements of the la re default 7a9e 4".2De(la$a"i%' 3e$ifie Res7%'se !i"# "!% D3D is(s Coughlins "" ". "# Declaration and-erified +esponse 7a9e 56"2E8e$9e'(: E0 Pa$"e M%"i%' Chair cheverrias "" "4 "# incomplete and secretive e1hiAit

entered sua sponte, in his attempt to one up udge Nash 8olmes as to transmogrifying a plenaryformal disciplinary hearing into a summary (%'"e87"!disciplinary hearing, here no copy of 1hiAit" as presented to Coughlin at the time 1hiAit "s admission, and copy incomplete lac5ing discs7a9e 51 and here that hich is represented in 1hiAit " is an incomplete copy of the filing itself(an edit, Bar Counsel Eing might say, if Coughlin as see5ing its admission, here the 1hiAitsthat ere attached to hat 1hiAit " purports to Ae, are not present (Aecause neither the *BN nor the;anel Chair (and ;anel emAer Eent indicated he ouldnt care to revie any materials on anattachments in cd!dvd form ever suAmitted Ay Coughlin anyays' seem to Ae aAle to Aurn a cd!dvdvery easily, much less revie the materials collected therein and presented Ay Coughlin in variousfilings',



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4@1@/ SBN 3. . COUGHLIN SCR /65 COMPLAINT, NG/66, 61, 615

;6


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Aasement) /he +eno ;olice tried to coa1 hoever as in the Aasement to open the door) Dr) erlissas forced to 5ic5 open the door here the +eno ;olice found +espondent) +espondent had Aro5eninto the home and living in the Aasement) +espondent as arrested for criminal "$es7assand assuAseuently convicted of that charge)

"#) +espondent, representing himself as co2counsel, filed a 32page motion to dismiss on

arch ., #%"#) /he motion as denied Ay udge >illiam @ardner and as determined to Ae ithoutmerit) /he motion, on its face, demonstrates that +espondent lac5s competence to practice la)"3) $nce +espondent as evicted, an order as oAtained to remove his Aelongings from the

home) +espondent interfered ith the contractor ho as hired to remove +espondents personalAelongings) /he police ere called and after tal5ing ith +espondent they recommended that he findsomething else to do) +espondent refused to their advice and as suAseuently arrested Ay the +enopolice)

"4) n the case of City of +eno vs) Zachary Bar5er Coughlin, Case No) "" /+ #&%% #", atrial as held on a traffic citation issued to +espondent) /he matter as called at appro1imately 3:%%p)m) and concluded ithout a verdict at aAout 4:3% p)m) after the court held +espondent in criminal(%'"e87"of court for his Aehavior and activities committed in the direct presence of the court during

trial) ".) n a arch "#, #%"# $rder, unicipal Court udge Dorothy Nash 8omes found Ay clearand convincing evidence that r) Coughlin committed numerous acts of attorney mis (%')(") *ee1hiAit 3) udge 8olmes e1plained in her $rder that after +espondent se$&ehis five2day (%'"e87"of court sanction imposed Ay the court on 0eAruary #7, #%"#, +espondent fa12filed to the court a ##42page document) udge 8olmes found that the document contained ramAling references to his personallife and as incoherent)

") n her $rder, udge 8omes found Ay clear and convincing evidence that +espondentviolated +ule of ;rofessional (%')("(+;C' ")" (Competence', +;C ")3 (Diligenc

Documents

8 14 13 0204 3913 3914 Motion to Disqualify Rmc and Rca and Hon Judge Dilworth