11 27 11 To 4 16 12 0204 Emails From Melissa Lynn Ulloa Re Jackson Pawluck Crawling in Through Her Window Ulloa's Threats To Trash Heirlooms, Lovely With Associated Tribulations

Re: Jackson
Jackson
From: Melissa Ulloa (melissa.l.ulloa@gmail.com) This sender is in your safe
list.
Sent: Mon 4/16/12 9:20 AM
To: Zach Coughlin,Esq. (zachcoughlin@hotmail.com)
Zach,
Do not come on my property, I offered to pay for Jackson's vet apt.
You need help.
Sent from my iPhone
On Apr 16, 2012, at 8:41 AM, "Zach Coughlin,Esq."
<zachcoughlin@hotmail.com> wrote:
> What is going on?
>
> T-Mobile. America's First Nationwide 4G Network
>
> Melissa Ulloa <melissa.l.ulloa@gmail.com> wrote:
>
>> Come get ur dog he is sick
>>
>> Sent from my iPhone
>>
list.
Sent: Mon 4/16/12 2:18 AM
To: zachcoughlin@hotmail.com (zachcoughlin@hotmail.com)
Come get ur dog he is sick
Sent from my iPhone
Jackson
Jackson
Re: where is Jackson?
list.
Sent: Mon 4/16/12 1:56 AM
To: zachcoughlin@hotmail.com
1 attachment
photo.JPG (1881.4 KB) ,
Come get ur dog he is sick
Sent from my iPhone
Sent from my iPhone
list.
Sent: Mon 4/16/12 1:43 AM
Something bit Jackson and I'm really worried, come get your dog
Sent from my iPhone
list.
Sent: Thu 4/05/12 5:46 PM
To: <zachcoughlin@hotmail.com> (zachcoughlin@hotmail.com)
So are we meeting?
Sent from my iPhone
On Apr 5, 2012, at 4:03 PM, Zach Coughlin <zachcoughlin@hotmail.com> wrote:
Okay, I am free after 7pm. Really, I do not care to go to
your house, not sure what the big deal is. However, my
mom says some of my property is still there. Regardless,
not much interested in going to your house, so....
Zach Coughlin, Esq., PO BOX 60952, RENO, NV, 89506, tel: 775 338 8118, fax: 949 667 7402;
ZachCoughlin@hotmail.com Nevada Bar No: 9473

Subject: Re: where is Jackson?
From: melissa.l.ulloa@gmail.com
Date: Thu, 5 Apr 2012 15:53:44 -0700
I do, but you are not picking him up from my house, I'll meet you at Starbucks if you want
him
Sent from my iPhone
do you have Jackson or not?
Zach Coughlin, Esq., PO BOX 60952, RENO, NV, 89506, tel: 775 338 8118, fax: 949
667 7402; ZachCoughlin@hotmail.com Nevada Bar No: 9473
Date: Thu, 5 Apr 2012 15:25:43 -0700
I'll meet you at Starbucks, what's a good time
Sent from my iPhone
My mom says she did not get him from you?
I want my dog.
Zach Coughlin, Esq., PO BOX 60952, RENO, NV, 89506, tel: 775 338
8118, fax: 949 667 7402; ZachCoughlin@hotmail.com Nevada Bar
No: 9473
list.
Sent: Thu 4/05/12 4:17 PM
Let's say 8 @ the Starbucks on arlington and plumb
Sent from my iPhone
Okay, I am free after 7pm. Really, I do not care to go to
your house, not sure what the big deal is. However, my
mom says some of my property is still there. Regardless,
not much interested in going to your house, so....

Date: Thu, 5 Apr 2012 15:53:44 -0700
I do, but you are not picking him up from my house, I'll meet you at Starbucks if you want
him
Sent from my iPhone
Date: Thu, 5 Apr 2012 15:25:43 -0700
Sent from my iPhone
I want my dog.
Zach Coughlin, Esq., PO BOX 60952, RENO, NV, 89506, tel: 775 338
8118, fax: 949 667 7402; ZachCoughlin@hotmail.com Nevada Bar
No: 9473
list.
Sent: Thu 4/05/12 3:53 PM
I do, but you are not picking him up from my house, I'll meet you at Starbucks if you want him
Sent from my iPhone
Date: Thu, 5 Apr 2012 15:25:43 -0700
Sent from my iPhone
I want my dog.
list.
Sent: Thu 4/05/12 3:25 PM
Sent from my iPhone
Re: i still dont' have my phones
I want my dog.
list.
Sent: Wed 4/04/12 2:53 PM
Zach,
Your stuff is safe, your mom came and picked it up. Please do not come onto my property again or I will
call the cops.
Melissa.
Sent from my iPhone
okay, what time is good tomorrow. I have work until
5:30pm but sometime after that I can probably get him.
Please be careful with the stuff, there is very private,
personal stuff there.

Subject: Re: i still dont' have my phones
Date: Tue, 3 Apr 2012 21:33:56 -0700
Re Jackson, you need to call me by tomorrow
Sent from my iPhone
On Apr 3, 2012, at 1:16 AM, Zach Coughlin <zachcoughlin@hotmail.com> wrote:
Re: i still dont' have my phones
who hates me!
list.
Sent: Tue 4/03/12 9:34 PM
Re Jackson, you need to call me by tomorrow
Sent from my iPhone
On Apr 3, 2012, at 1:16 AM, Zach Coughlin <zachcoughlin@hotmail.com> wrote:
the judge finally ordered them release on 3/30, but now the jail is
takign its sweet time, talking about giving them to the DA first or
something. I never noticed you left me voice mails at my 949 667
7402 number until just now. sorry if I didn't call you back that
monday you returned form your Aunt Harriet's trip....i never check
that nubmer for voice mails, its really just my fax and I have been
using it to call out from with limited success. I forget that its a
voxox all in one thing and that it can do a lot more than i use it
for.....I dont' have a key to your place, please know that. Jackson
likes to go through windows that are open, so be careful about that.
I am doing the best I can, Melissa. I am dealing with issues with the
State Bar (the opposing attorney in the eviction from river rock
seems to be buddies with Bar Counsel and they are giving me lots of
problems (like having a cop friend to sick on people while breaking
the law freely yourself, is how I would describes Hill's situation
with Bar Counsel) and then Judge Nash Holmes also filed a
grievance with me with the State Bar (though she neglected to
mention here seizing my cell phones etc. and the fact that the 5 day
sentence was for askign a cop about bribery allegations or admission
by the cop who arrested me for trespass at river rock...), plus i was
evicted on 3/15/12. the property manager for the 1422 E. 9th St.
address had to admit under oath that the two people living there
before me were there with the permission of the HOA and the othe
rproperty manager....if those two legitimately rented to me, and if
they were there under a carpentry for rent deal with the HOA, then
respondeat superior, or liability for an employees wrongful acts,
should have implicated the Property Managers, etc....those people
cost me lots of money, got me arrested for misue of 911, slashed my
tires, etc. etc. anyone who thinks I ripped anyone off is
misinformed. they ruined my smartphone, hit me, threw things at me
and locked me out. god I am glad to be out of a relationship with
someone who hates me!
(No Subject)
Jackson
Re: please do not throw away my stuff
list.
Sent: Mon 4/02/12 10:17 AM
You need to call me
Sent from my iPhone
list.
Sent: Sun 4/01/12 10:20 AM
Zach,
You have to right to break into my house. You can not drop off a dog and
expect me to take care of Jackson, your stuff needs to be off of my
property.
I will meet you tomorrow at a Starbucks if you want Jackson, if not, I
am taking him to the SPCA. I do not want you at or near my house.
Melissa.
Sent from my iPhone
list.
Sent: Sat 3/31/12 8:36 PM
Call me
Fwd: We Found Your Pet
Sent from my iPhone
On Mar 29, 2012, at 7:47 PM, Zach Coughlin <zachcoughlin@hotmail.com> wrote:
I need more time. I am doing the best I can. Someone
found Jackson, then took his collar and tags off, then
Jackson ran away.
list.
Sent: Fri 3/30/12 4:32 PM
Sent from my iPhone
Begin forwarded message:
From: TShultz@washoecounty.us
Date: March 30, 2012 3:35:01 PM PDT
To: melissa.l.ulloa@gmail.com
Subject: We Found Your Pet
Hello,
This email is being sent to Melissa Ulloa because we believe
your pet, JACKSON, a neutered male, cream and white,
pekingese has been found.
Re: please call him and or try to get Jackson, I
don't have money or a phone to make a call, and I
want Jackson. please get him for a few days,
PLEASE!

Please contact Washoe County Regional Animal Services at
(775) 353-8901 for more information or visit the shelter at
2825-A Longley Lane in Reno, NV to claim your pet.
Shelter Hours:
Monday through Friday 8:00am to 5:00pm (except holidays)
Saturday and Sunday 11:00am to 4:00pm
Holidays 11:00am to 3:00pm
Please ask about animal ID A192585 when you contact us.
list.
Sent: Thu 3/29/12 11:30 AM
Zach,
Please do not threaten me, just come get your stuff. Trash day is tomorrow, you have 24 hours or I will
get rid of it.
Melissa.
Sent from my iPhone
On Mar 29, 2012, at 10:55 AM, Zach Coughlin <zachcoughlin@hotmail.com> wrote:
Taking an amount over $250 is a felony, grand larceny.
Subject: Re: please call him and or try to get Jackson, I don't have money or a phone to make
a call, and I want Jackson. please get him for a few days, PLEASE!
Date: Thu, 29 Mar 2012 10:37:45 -0700
Zach,
I'm sorry but I can't keep your stuff. I kept it for one night, but you need to come and pick it
up, it will be on my porch til the end of today.
I will not pick up Jackson, I have helped you in the past but I can't anymore.
Melissa,
Sent from my iPhone
On Mar 29, 2012, at 2:02 AM, Zach Coughlin <zachcoughlin@hotmail.com> wrote:
Voicemail from: (775) 322-1104 at 7:22 AM
Hi, I found your dog extend my number is 527-
8826. Please call me as soon as possible. By.
Play message
Voicemail from: (775) 527-8826 at 7:46 AM
Hi, 527-8826 I have Jackson, okay bye.
Play message
Hello, this is Daniel and then I was just calling to
let you know that we have Jackson, Yeah and
jackson right now. It's 27 75 May. Berry drive.
The little Janet garden placed on the car there. So
he's, wanderlake we having he's our home. So,
give us a call when you get this, 722-8934 Thank
you. Bye bye.
Re: please call him and or try to get Jackson, I
don't have money or a phone to make a call, and I
want Jackson. please get him for a few days,
PLEASE!
0% full
Using 55 MB of your 7695 MB 2012 Google -
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DetailsLet people know what you're up to, or
share links to photos, videos, and web pages.

From: zachcoughlin@hotmail.com
Subject: please call him and or try to get Jackson, I don't have money or a
phone to make a call, and I want Jackson. please get him for a few days,
PLEASE!
Date: Thu, 29 Mar 2012 02:00:38 -0700
Voicemail from: (775) 322-1104 at 8:05 PM
Hey Hi. This is Bob. I live. I'm sure was St. I have
your little white dog here at my house. He just
came running up her front door, like visiting with
our dogs, but I'm sure you wanna back. My
number is, 322-1104 I'll try. The other number on
the caller. Okay bye.
(No Subject)
Re: Merry Christmas
From: zachcoughlin@hotmail.com
Subject: please call him and or try to get Jackson, I don't have money or a phone to make a
call, and I want Jackson. please get him for a few days, PLEASE!
Date: Thu, 29 Mar 2012 02:00:38 -0700
Voicemail from: (775) 322-1104 at 8:05 PM
Hey Hi. This is Bob. I live. I'm sure was St. I have your
little white dog here at my house. He just came running up
her front door, like visiting with our dogs, but I'm sure you
wanna back. My number is, 322-1104 I'll try. The other
number on the caller. Okay bye.
list.
Sent: Wed 3/28/12 10:42 PM
Come get ur stuff
Sent from my iPhone
From: Melissa Ulloa (melissa.l.ulloa@gmail.com) You moved this message to
its current location.
Sent: Fri 1/06/12 5:04 PM
Thank you for cleaning my carpets.

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F I L E D
Electronically
CODE: 4185
05-09-2012:09:42:24AM
LORIURMSTON,CCR#51
JoeyOrdunaHastings
PeggyHoogs&Associates
ClerkoftheCourt
435MarshAvenue
Transaction#2941159
Reno,Nevada 89509
(775)327-4460
CourtReporter
SECONDJUDICIALDISTRICTCOURTOFTHESTATEOFNEVADA
INANDFORTHECOUNTYOFWASHOE
HONORABLESTEVENP.ELLIOTT,DISTRICTJUDGE
STATEOFNEVADA,
Plaintiff,
CaseNo.CR12-0376
vs.
Dept.No.10
ZACHARYBARKERCOUGHLIN,
Defendant.
_____________________________/
TRANSCRIPTOFPROCEEDINGS
REPORT- PSYCHIATRICEVALUATION
APRIL19,2012;THURSDAY
RENO,NEVADA
Reportedby: LORIURMSTON,CCR#51
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ForthePlaintiff:
FortheDefendant:
FortheDepartmentof
Parole&Probation:
APPEARANCES:
ZACHYOUNG
DeputyDistrictAttorney
1SouthSierraStreet
SouthTower,4thFloor
P.O.Box30083
Reno,Nevada 89520
BIRAYDOGAN
DeputyPublicDefender
350S.CenterStreet
P.O.Box30083
Reno,Nevada 89520
GAILFALCONER
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RENO,NEVADA;THURSDAY,APRIL19,2012;10:20A.M.
--o0o--
THECOURT: Andthenthelastthingwe'regoingto
takebeforearecesswillbetheZacharyCoughlin.
MR.YOUNG: Goodmorning,YourHonor.
MR.DOGAN: YourHonor,BirayDoganonbehalfof
Mr. Coughlinwhoispresenttodayandoutofcustody.
THEDEFENDANT: Goodmorning,YourHonor.
THECOURT: Allright. Thenthismatterishereon
areportofpsychiatricevaluation. Thereisaletter
herefromSallyFarmerandBillDavis. Andhaveyou
receivedthis,Mr.Dogan?
MR.DOGAN: YourHonor,canIhavetheCourt's
indulgence?
MR.YOUNG: YourHonor,canweapproach?
THECOURT: Yes.
(Adiscussionwasheldofftherecord.)
THECOURT: Well,asaresultofthehearinghere
atthebench,theCoughlinmatterwillbecontinuedto
theendofourdocketsothatwecantakearecessnow.
Andtheendofthedocketmeansthatitwouldbeafter
the10o'clockmatter,becauseit'salready25after
10:00orso,andweneedtogetonwithanothermatter
inthatwehavealotofpeoplehere.
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Allright. Socourtwillstandinrecess.
(Arecesswastakenandthefollowing
proceedingswerehadat10:45a.m.:)
THECOURT: Asournextcasethen,we'llgobackto
the8:30docket,andlet'stakeZacharyCoughlinagain.
Let'sseeifwecanconcludethatmatter.
MR.YOUNG: Goodmorning,YourHonor.
THEDEFENDANT: Goodmorning,YourHonor.
THECOURT: Andthenwe'reheretodiscussthe
letterofApril17thatwassentoutreallyto
Mr.DoganwithcopiestomeandMr.YoungfromSally
FarmerandBillDaviswhoarepsychologistsatthe
LakesCrossingCenter.
And,Mr.Dogan,doyouwanttoexplainthis?
MR.DOGAN: Yes,YourHonor.
THEDEFENDANT: I'msorry,YourHonor,ifIcan
interjectquickly.
THECOURT: I'maskingMr.Dogantostart.
THEDEFENDANT: Yes,YourHonor,butbeforeheputs
anythingontherecord,I'mgoingtoasktohavehim
withdrawnor--
MR.DOGAN: Thatwouldbeaseparatematter.
THECOURT: I'llgowithMr.Dogan.
THEDEFENDANT: Thankyou,YourHonor.
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MR.DOGAN: YourHonor,ifanyissuesareraised
regardingamotiontowithdraworanythingdealingwith
myrepresentationofMr.Coughlin,thatwouldbea
separatehearing. ThathearingwillbeunderYoung
versusState. Todaywearehereforonematter,and
thatistheSB89regardingmyclient'scompetencyand
whetherhe'sfittoproceedwithadjudication.
YourHonor,I'mgoingtoberequestingashort
two-weekcontinuanceinthiscasesothatmyclientcan
beevaluatedbyLakesCrossing,bybothSallyFarmer
andDr.Davis.
Myclienthasdoneallhecandotomakehis
scheduledappointmentswithbothofthedoctorsinthis
matter. Andtherehavebeensomesignificant
difficultieswithMr.Coughlinbeingevaluatedbyboth
ofthosedoctors. However,Ibelievethose
difficultieswillbeableto-- we'llironthemoutand
we'llbeabletogetthatcompetencyevaluationforthe
Courtwithintwoweeks.
THECOURT: Soyou'reinessencetellingmethat
youbelieveatthispointintimethatyourclientis
willingtocooperatewithanevaluator?
MR.DOGAN: Ido,YourHonor. YourHonor,the
reasonisbecausetheCourthasnever-- we'venever
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appearedincourt. AndifYourHonororders
Mr.Coughlintocooperateandtoobtainthe
evaluations,bythenweshouldbeabletohavethose
evaluationsforCourt.
TheonethingthatIwanttopreventinthiscase
isMr.Coughlinbeingremandedintothecustodyofthe
WashoeCountySheriffsothathecanbeevaluatedwhile
he'sattheWashoeCountyJail. That'sahugeconcern
ofmine. AndIdonotwantMr.Coughlintoberemanded
tothecustodyoftheSheriff.
YourHonor,themainreasonisbecauseMr.Coughlin
isalicensedattorney. Hedoeshaveclientsandhe's
representingthoseclients. Ifheisremandedintothe
custodyoftheSheriff,hewillnotbeabletopursue
thelitigationthathemustwhilerepresentingthose
individuals,andhislivelihood-- itwillsignificantly
impacthislivelihood. And,therefore,I'mgoingto
makethatrequest,thatthismatterbecontinued
brieflyfortwoweeks,YourHonor.
THECOURT: Well,clearlyifhe'snotgoingto
cooperateoutofcustody,puttinghimintocustody,you
know,andforciblycooperatingisthealternative,so
ithastobeconsidered.
And,Mr.Young,whatistheState'sposition?
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MR.YOUNG: YourHonor,IthinkMr.Dogan
accuratelystatedthatessentiallyyourtwo
alternativesatthispointarejusttocontinuethe
matteroutafewweekstogiveMr.Coughlinan
opportunitytobeevaluatedoralternativelyremandhim
intocustodywhere,asyoustated,itwouldmoreor
lessseekto-- thattheevaluationstakeplace.
I'mgoingtorespectfullyaskthatyoufollowthe
latterofthosetwoalternatives. AndifIcouldtake
aminutetoexplainwhyI'mmakingthatrecommendation.
Hewasreleasedforthiscaseona1,500-dollar
bondthatheposted. Andobviously,oneofthe
conditionsofsomebodybeingreleased,whetherit's
bond,ORorotherwise,isconditioneduponthat
individual'sgoodbehavior. Andwhatwehavehereis
anindividualwho-- Thecompetencyevaluationwas
filedinJusticeCourtFebruary27th. Thematterwas
settomyknowledgeforApril3rdinfrontofYour
Honorfortheevaluation.
Therewastherequest,albeitdonebye-mailby
Mr.Coughlininhispersonalcapacity,butafter
speakingwiththecourtstaffandMr.Dogan,Iagreed
tocontinuethatouttogiveMr.Coughlinthe
opportunitytogethisevaluationsdone.
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Wethengoforwardtotoday. AndYourHonorhas
alreadyreferencedtheletterwhichtalksabout
threateninglegalactionagainstoneoftheevaluators,
showinguplatetothescheduledappointment,taking
additionaltimeto--
THEDEFENDANT: Object,YourHonor;hearsay.
THECOURT: Overruled.
THEDEFENDANT: Movetostrike.
THECOURT: You'renotinapositiontoobjectto
anything.
THEDEFENDANT: Iunderstandthat,YourHonor.
Respectfully,Isubmitthatratherthanhaving
handcuffsonme,byhavingMr.Doganasmyattorney,I
wouldaskthatIbeallowedtorepresentmyself.
THECOURT: You'reinapositionwhere,youknow,
ifyouinterruptandcausetrouble,you'regoingtobe
takenintocustodyandthenforcibly,youknow,given
theseevaluations,soifIwereyou,Iwouldsimply
cooperatewithusanddon'tcauseaproblem.
Allright. Mr.Young,youmayproceed.
MR.YOUNG: YourHonor,aftershowingup20minutes
lateaccordingtotheletter,whichisonfilewiththe
court,hetakesanadditionaltenminutesarguingwith
securitypersonnelandbasicallybeingcompletely
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disruptivetotheprocess.
Theironicthingaboutthisisthatthisevaluation
isentirelyforMr.Coughlin'sbenefit. Thethreshold
questionis: Ishecompetenttostandtrial? Buteven
ifhe's-- iftheevaluationscomebackthatheis
competent,hisattorneycanusethattohisbenefit
withwhat'scontainedintheevaluationsforany
potentialnegotiationpurposes,sentencing,shouldwe
gettothatpoint,andthelike.
Andsothroughtheactionsofthedefendant,notto
mentionhispreviousstatementsthat,one,hedoesn't
evenwanttogetevaluatedforcompetency,andthen
subsequenttothathavingaproblemhavingLakes
Crossingdothat,ataminimum,hisactionsarenot
evidencinggoodcharacterasisrequiredbyhisbail
beingposted. Atworst,it'scompletely
obstructionist.
Andheisinthesolepositiontobringthisentire
proceedingtoascreechinghaltifhecontinuesthis
behavior,showinguplate,notcooperatingwithgoing
throughevaluationswhichbenefithim.
Sobasedonthat,YourHonor,whatIwouldaskis
thatyourevokethebondthatwaspreviouslypostedand
remandhimintocustody. Wecansetthisforanother
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hearingconsistentwiththeCourt'scalendarandthe
evaluatorsatLakesCrossingsothatwecancomeback
toYourHonoranddetermine,whichistheonly
thresholdquestionatthispoint,isheevencompetent
togoforward.
And,likeIsay,basedontheactionsinthiscase,
thecorrespondencesenttome,eithercc'dordirectly
fromMr.Coughlin,it'scleartotheStatethathe's
justbeinganobstructionistthroughthisentire
process,andsoremandisappropriatetotheState.
THECOURT: Well,Mr.Coughlin,weareatthis
stagewhereyouneedtohavethisevaluation. AndI
needtoknow,areyougoingtocooperateandgooverto
LakesCrossingandgettheevaluation?
THEDEFENDANT: YourHonor,ifImayaddressthat
foramoment.
THECOURT: Pleasedo.
THEDEFENDANT: Okay. YourHonor,there'sbeen
someproblemsintermsofworkingwithMr.Doganhere.
Ihaven'tbeencopiedonfilingstotheCourt. It's
alwaysbeenmyunderstanding,eitherbyMr.Doganorby
theD.A.,it'salwaysbeenmyunderstandingasan
attorneythatthat'sjustamatterofcourse,youcopy
yourclientsonanythingyoufileandanythingyou
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receive.
Mr.Bosler,afterIhadcomplainedofMr.Dogan's
failuretosocopymeinthatregard,particularlywith
respectto,say,thisorderforcompetencyeval--
MR.DOGAN: Fortherecord,thatwasprovidedto
Mr.Coughlin.
THEDEFENDANT: Hemighthavee-mailedthattome,
butcertainlydocumentssuchastheD.A.'sopposition
tomymotiontoappearasco-counselandhave
Mr.Dogan,Ibelieve,withdrawascounsel,thatwas
neverforwardedontomedespitemy--
MR.DOGAN: Fortherecord,thatwasalsoprovided
toMr.Coughlin.
THEDEFENDANT: Excuseme,sir. Iwouldliketo
havemyopportunitynow.
THECOURT: Goahead.
THEDEFENDANT: IhaveprovidedMr.Doganexpress
writtenindicationthatIwishtobecopiedonevery
singlefilinginthismatter. Inaddition,matters
whichperhapsaregoingtobesubjecttoaworkproduct
exceptionwhichthePublicDefenderwouldnothaveto
provideme,suchase-mailsbetweenMr.Doganand
Mr.Young,butIhaveexpresslyindicatedinwritingon
numeroustimesthatIwishedtobecopiedonthat.
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Togetback-- Iknowthisisgettingsomewhatfar
afield,YourHonor,fromwhatyoupromptedmeto
address,butthiscompetencyevaluation,Iwouldobject
tothiscompetencyevaluationonanumberofgrounds.
Onewouldberesjudicata. Therewasalreadya
competencyevaluationdone. Ipassedwithflying
colors.
JudgeSferrazzathoughtsomuchitthathe
essentiallyfoldeditupintoapaperairplaneandwent
likethat(indicating)andsentitrightbackto
Mr.Goodnight,andthebillalongwithit. Whereupon
Mr.Goodnightpromptly-- He'saPublicDefenderwho
attendedtothefirstcompetencyevaluation.
Mr.Goodnightpromptlyaskedtobeallowedtowithdraw.
AndJudgeSferrazzasagelypointedoutto
Mr.Goodnighttheinequityanddisingenuousofhisso
standingbehindarequestforacompetencyevaluation
onlytoimmediatelythereafterseektowithdraw,
essentiallysaying: Whichisit,Mr.Goodnight? Does
yourclientneedacompetencyevalorisheso-- he
doesn'tneedyou?
YourHonor,there'ssomelegalpointsIwouldlike
toputintherecordhere. NRS178,Ibelieveit'sdot
455,butIcouldbewrong,butIdidcopyMr.Doganand
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Mr.Youngonthisrecentlyinwriting,saysthat
motionshavetobeinwriting. Therewasnowritten
motioninthisregard. I'vereviewedthefileinthe
RenoJusticeCourt. Andthisisthecasewithbothof
thecompetencyevaluationsthathavebeenorderedhere.
Andbothofthem,Ibelieve,demonstratearetaliatory
intentonthepartofthePublicDefender.
AndMr.Huntwhowastestifyinghereearlier,well,
hewentintomatterstowhichIcan't-- Ican'tsay--
IknowMr.Dogan. Wewenttohighschooltogether.
We'rebothRenoHigh,Ibelieve,classof'95-ish,from
SwopetoRenoHigh. AndI'veneverknownhimtobea
Jihadistoranythingorthatsort. Youknow--
MR.DOGAN: AJihadistforthePublicDefender,
though.
THEDEFENDANT: He'salwaysbeenabrightguywith,
youknow,agoodsenseofhumor. SoIcan'tconcur
withMr.Hunt'sstatementsinthatregard.
Now,respectfully,IcansubmitI'vebeenshushed.
I'vebeentold,youknow,thingssimilartowhatwas
beingsaid.
IunderstandthatthePublicDefenderisinavery
funnysituation. It'savery-- It'sgottobevery
difficult. AndI'lljustsayrespectfully,YourHonor,
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Iwasadomesticviolenceattorneyforalegalaid
organizationwhichIbelieveyou'reawareofattendant
toanothercaseinyourcourt,butIthoughtthatstuff
washeavytodealwithonanemotionallevel. But
sittingherethismorning,witnessingwhatthebench
andthePublicDefenderandtheDistrictAttorneyhave
todealwith,thattheyhavetodointhecourseof
theirbusinesseveryday,it's-- Idon'twanttosay
impressive,butitmakesmehaveevenmorerespectfor
thecourtandthePublicDefenderandtheDistrict
Attorney,becausetheseareheavymatters. Theseare
veryhumanissuesthatyoudealwithhere.
AndIsaythatrespectfully. NowI'mgoingtoget
towhatIwantedtosay,whichissomewhatcritical.
AndIjustprefaceditwiththatrespect,topointout
thatIdoevenmoresonowcomprehendtheenormityof
the-- theheavinessandtheemotionalburdenthatyou
andthoseatthebarherefaceeveryday.
ButIhavebeenshushedalot. I'vehadMr.Dogan
stormawayfromme. Granted,it'snoteasytohavean
attorneyasaclient.
THECOURT: Mr.Coughlin,youknow,Ihavelimited
timetodaytodevotetothismatter,andreallywhat
youarefacingisthatIagreethatyouneedthis
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evaluation,Iwanttoseeit,andeitheryouagreethat
you'llcooperateandgoovertoLakesCrossingandget
thetwoevaluationsorIwillrevokeyourbail,putyou
intocustodyandthenasanin-custodyyouwillbe
evaluated.
THEDEFENDANT: Yes,YourHonor. Andjustquickly
fortherecord,I'lldispensewiththefrillylanguage
andextemporaneous,youknow,speechmaking,butthere
wasnomotionheremadepursuantto178,Ibelievedot
455. ThereneedstobeintherecordswiththeJustice
Courtarticulatinganexpressbasisforseekingthis.
Ibelievethere'saretaliatorybasis.
Justdayspriortothisbeingmade,andIbelieve
impropercontactbeingmadewiththeMunicipalCourtby
somebodywiththePublicDefender's,justdayspriorto
that,IfiledamotioncriticalofMr.Doganmissinga
hearing. Inthatregard,Ibelievetherealsoneedsto
beahearing. Therewasnohearingineitherofthese
matters.
THECOURT: Mr.Coughlin,areyoubasicallytelling
methatyou'renotintendingtogettheevaluation,
thatyou'reresisting--
THEDEFENDANT: No,sir,that'snotwhatI'm
tellingyou. I'msaying--
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THECOURT: Becauseifyou'renotgoingtodoiton
yourown,I'llputyouincustodyandwe'lltakecare
ofitthatway.
THEDEFENDANT: Iunderstand,YourHonor. And
that'snotwhatI'msaying. WhatI'msayingis-- You
referencedthisprocess. Ibelieveifwe'regoingto
callitaprocess,itneedstoentailsomeprocess,
somedueprocesshopefully.
AndifIaskMr.DogantoconductsomeLegal
researchon-- whichIhavedone,YourHonor,andI
wouldliketoputforthsomeofthesecasestoyou,
directedtotheparametersofsuchcompetency
evaluation,directedtotheprivacyrightsattendantto
oneforcedtoundergosuchanevaluation. I'vesimply
receivednocounselornoadvocacyinthisregardfrom
thePublicDefender. I'vehadmeetingsmissed. I've
beentoldtoshush. I'vebeentoldallsortsofthings
thatjustfranklyI'mtakenabackby.
Thisevaluation,wehavenoideaofthescopeof
thisotherthanI'mgivensomeindicationbythe
statutewhatitisdirectedto,myabilityto
understandtheproceedings,toassistMr.Doganinthe
defensethereof. Andthere'sonemoreelementwhich
I'mblankingonrightnow,butit'ssubstantially
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similartothefirstone.
It'snota-- it'snotablankcheckto
psychiatristswhohavesomesortofrequirement
contractwiththePublicDefender,andIstatedsome--
orthecourt. I'vestatedsomeobjections. Ibelieve
Ishouldbeabletohaveaprivatepsychologist
appropriatelycertifiedunderNRS178toperformthis.
I'vebeentoldno. I'vebeentoldIwon'tbe
reimbursedinthatregard.
Butit'snotablankcheck,Idon'tbelieve,to
forceme,someonewhoisseekingtotakeadvantageof
mytaxdollarsatworkbyhavingmySixthAmendment
righttocounselaccordedtome. It'snotablank
checktoLakesCrossingtodemandanythingtheywantto
knowaboutme,particularlywhenI'minvolvedina
fieldwheremendaciousandscurrilousindividualssuch
asRichardG.Hillwillco-opanysortofinformation
orinnuendo--
MR.YOUNG: YourHonor,I'mgoingtoobjecttothis
ascompletelyirrelevant.
THEDEFENDANT: --tofurthertheirends.
THECOURT: Ihavetoagree.
Mr.Coughlin,ifyou'retellingmefundamentally
thatyoudon'tplantocooperate,I'llrevokeyourbail
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andputyouintocustodyoftheWashoeCountySheriff
andthentheycangetyou,youknow,theevaluationsas
anin-custodyperson. That'swhatIwouldhavetodo.
Youknow,youareaveryarticulatemanand,you
know,you'restatingyourpositionsonthis,butyour
positionsareagainstwhatIwantdone.
THEDEFENDANT: Idon'tknowwhatyouwantdone,
YourHonor.
THECOURT: Ijustwantyoutogetthetwo
evaluationsatLakesCrossing. They'rethepeoplethat
normallydothisforeverybody,youknow,and--
THEDEFENDANT: AndIpresented--
THECOURT: --that'stheappropriatethingtohave
doneatthistime.
THEDEFENDANT: AndIpresentedtwiceinthat
regard,YourHonor,andit'smyunderstandingtheyjust
flatoutrefusetocontinue. Inthatregard,Ibelieve
Ishould-- One,Idisputetheaccuracyoftheirletter
wholeheartedly. Ifinditinaccurate,Ifindit
retaliatoryintone. ButIdidpresent-- Andthere's
acase--
THECOURT: Well,I'veneverseenaletterlike
thisbefore. Imean,peoplejustdon'tshowup,that's
true,butoncetheyshowup,theygenerally,youknow,
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cooperatewiththetalkingandtakingwhatevertesting
needstobedoneandgettheevaluation. It'snota
verypainfulprocess.
THEDEFENDANT: AndIwastold-- Maybenotfor
peoplewhoaren'tveryawareofconstitutionalrights.
Butforsomeonewhoisburdenedwiththefactthatthey
wenttolawschool,youknow,it'sdifficult. AndI
wouldsubmitthatthere'sanumberofcasesinjuris
prudenceinthisregardthatspeaktotheextent--
THECOURT: Mr.Coughlin,sinceyou'renotgoingto
cooperate--
THEDEFENDANT: No,Iwillcooperate. Ijustneed
toknow,YourHonor--
THECOURT: Butyou'retellingmeyou'renot
cooperating.
THEDEFENDANT: No,Iwill. I'mtellingyouI
will. AndIdid,Ishowedup. Theyaskedmea
question--
THECOURT: Youhavetoshowupandyouhaveto
meetwiththetwopsychiatristsorpsychologists,I
guess,technically,whatevertheyare,and,youknow,
talktothem,beresponsiveandgettheappropriate
evaluation.
THEDEFENDANT: Iftheyaskmetotakeoffmy
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clothesandappearnaked,doIneedtodothat?
THECOURT: Ithinkit'sunlikelythatthat'sgoing
tohappentoyou. I'mnotgoingtospeculateasto,
youknow,totallyabsurd,youknow,thingsthatcould
happenduringapsychological--
THEDEFENDANT: IftheyaskmeifI'veeverhadany
mentalhealthtreatment,iftheyaskmetohaveacopy
ofanyofmymedicalrecords,iftheyaskmeanysort
ofpersonalinformationthatwouldnormallybe
protected--
THECOURT: Thenyou'resayingyouwon'tcooperate?
THEDEFENDANT: No,Ididn'tsaythat,sir. AndI
didn'tsaythattoLakesCrossingeither. Theystormed
off. Isaid,"I'llhavetocheckmyrecords,letme--"
somethinglike,"Letmethinkaboutthat."
Andtheystormedoffinanger. Theysaid,"We're
doneandleft."
Anditwasappalling. Andthentosendtheletter
theysentyou,YourHonor,isappalling. Ididn't
standthereandsay: I'mrefusingtotellyou
anything. Ididn'tdothat. Dr.Davisappeared--
THECOURT: Look,Mr.Coughlin,Ijustneedto
know,areyougoingtogothereandcooperateandget
thispsychologicalevaluationornot? Imean,areyou
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goingtodoitonyourownoutofcustody?
THEDEFENDANT: Yes,YourHonor,Iwill,but--
THECOURT: Okay. Well,ifyouaregoingtodo
thatandyoucommittothiscourtbasicallyunder
penaltyofbeingfoundincontemptforfailingtodo
it,youknow,I'llleaveyououtofcustodyandyoucan
getthisonyourown. Butifyou'renotgoingtogo
thereandcooperate,I'mforcedtorevokeyourbailand
putyouintocustodyandthenasanin-custodyprisoner
youcangetsomepsychologicalcounseling,and,you
know,evaluation.
THEDEFENDANT: YourHonor,Iwouldjustputforth,
Ialwaysintendtofollowordersofthecourt. Iwould
likeanopportunitytobriefthisandopposetheorder
initiallysinceI'vebeen--
THECOURT: Well,thatisdenied. We'reatthe
pointnowwhereit'salreadydeterminedthatyou'reto
getthisevaluation.
THEDEFENDANT: ButIbelievethatanexcusable
neglectanalysiswouldaugertowardsallowingmeto
replaceMr.Doganbasedonhisfraudulencebasicallyor
hisexcusableneglectorsomething,butIhavenotbeen
accordedadueprocessrighttoopposethisevaluation.
Iwouldlikethat.
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Failingthat,Iwouldlikeanopportunitytobrief
theextenttowhichthisevaluationisablankcheckto
LakesCrossing. Iwouldalsoliketheopportunityto
brieftheextenttowhichImustutilizeLakesCrossing
versusaprivatecertifiedentityoraprofessional.
THECOURT: Well,Mr.Coughlin,afterhearingyou
argueandargueaboutthisissue,I'mmakingthe
determinationthatyou'renotgoingtocooperatewith
this,andIamrevokingyourbail.
THEDEFENDANT: Sir,Iwillcooperate. Ifthat's
whatitcomesdownto,I--
THECOURT: You'regoingtobeplacedintocustody
oftheWashoeCountySheriffatthistime. Irevoke
yourbail.
THEDEFENDANT: YourHonor,Ijustrespectfullyask
thatyoureconsider,andI'lldowhateveryousayfor
my--
THECOURT: We'redonewiththis. I'msorrythat
you'veforcedmetotakethisaction. Idon'treally
wanttoputyouincustody,butit'sclearthatyou're
reallynotgoingtocooperate. Andyou'reraising
issuesaboutissuesthatseemkindofpreposterousbut
thatwouldgiveyousomeexcusenottocooperate. So
you'llhavetogettheexaminationasanin-custody
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person.
MR.DOGAN: YourHonor,canImakeonesuggestion?
THECOURT: Yes.
MR.DOGAN: Assoonasthosecompetencyevaluations
arecompleted,canwehaveMr.Coughlinremovedorno
longerincustodyattheWashoeCountyJail?
THECOURT: He'sgoingtoremainincustodyuntil
hecanbebroughtbackhereforthehearingon
competence.
THEDEFENDANT: YourHonor,ifImayjustmakeone
request. Givenyourruling,YourHonor,Ibasically
willdowhatyousaytodo,particularly--
THECOURT: Well,Idon'tbelievethatyouwill.
Afterallthis,we'vespentalotoftimeonit,Ijust
don'tbelieveyouanymore.
THEDEFENDANT: Well,YourHonor,ifImaymoveto
staybasedontheprejudicetomyclientsthat--
THECOURT: Denied.
MR.YOUNG: YourHonor,dowewanttosetanew
date?
THECOURT: Solet'ssetthisoutaboutinabouta
month.
MR.DOGAN: Canwejust--
THECOURT: Andifit'sdoneearlier,fine,but
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let'strackitforaboutamonthiswhatitnormally
takes.
MR.DOGAN: Iunderstand,YourHonor. Canwejust
haveastatushearingjustincasebothofthe
evaluationshavebeencompleted?
THECOURT: Ifit'sdone,youallcangettogether
andsetitbackonthecalendaratthattime.
THECLERK: YourHonor,thefirstavailabledate
wouldbeMay24that8:30. Isthatacceptable?
MR.YOUNG: May24?
THECLERK: Yes. Isthatacceptable?
MR.DOGAN: Itis. Thankyou.
THEDEFENDANT: MayIhavethosepapersentered
intotherecord?
MR.YOUNG: Thanks,YourHonor.
THEDEFENDANT: Thatlegalresearchonthetable.
THECOURT: Denied.
(Theproceedingswerecontinuedto
May24,2012at8:30a.m.)
--o0o--
24

___________________________

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STATEOFNEVADA )
)ss.
COUNTYOFWASHOE )
I,LORIURMSTON,CertifiedCourtReporter,inand
fortheStateofNevada,doherebycertify:
Thattheforegoingproceedingsweretakenbyme
atthetimeandplacethereinsetforth;thatthe
proceedingswererecordedstenographicallybymeand
thereaftertranscribedviacomputerundermy
supervision;thattheforegoingisafull,trueand
correcttranscriptionoftheproceedingstothebest
ofmyknowledge,skillandability.
IfurthercertifythatIamnotarelativenoran
employeeofanyattorneyoranyoftheparties,noram
Ifinanciallyorotherwiseinterestedinthisaction.
Ideclareunderpenaltyofperjuryunderthelaws
oftheStateofNevadathattheforegoingstatements
aretrueandcorrect.
DATED:AtReno,Nevada,this19thdayof
May,2012.
LORIURMSTON,CCR#51
LORIURMSTON,CCR#51
25
Close Print
RE: Mr. King's assertion in his 3/ 16/ 12 letter
From: Patrick King (PatrickK@nvbar.org) This sender is in your safe list.
Sent: Thu 4/19/12 2:28 PM
April 19, 2012

Zach Coughlin

Dear Mr. Coughlin,

A screening panel of the Northern Nevada Disciplinary Panel met on Tuesday April 10, 2011 to address the
grievances filed against you. The panel directed me to proceed to a formal disciplinary hearing. As such, I will be
preparing a formal Complaint.

I understand from the e-mail below, that you do not believe you should have been found guilty of the theft at
Wal-Mart and that you should not have been found in contempt of Court. However, it must concern you that you were
found in contempt of Court by more than one Judge in two different trials. You wanted to know how I learned of or
obtained a copy of Judge Gardners Order after trial that was filed in 2009. It was sent to me by the clerk of the court at
my request, pursuant to my investigation.

It would help me and perhaps yourself, if you would respond and explain why you were convicted of theft and
why you were held in contempt of Court. You may be well served to explain what remedial measures you are taking to
make sure you do not repeat the conduct complained about. I cannot give you legal advice. However I can suggest you
cooperate with Bar counsels investigation and that you respond specifically to the allegations contained in Judge
Holmes and Richard Hills grievance letters to the office of Bar Counsel.

Patrick King
From: Zach Coughlin [mailto:zachcoughlin@hotmail.com]
Sent: Monday, April 16, 2012 5:41 PM
To: Patrick King; David Clark; Glenn Machado
Subject: Mr. King's assertion in his 3/16/12 letter

Dear Bar Counsel,
One thing that I am not sure I have ever pointed out, is that my then live in girlfriend of over 4 years stole about 2 months
worth of my portion of our rent from me (our arrangement was I would give her the money, she would forward it on to the
landlord) in the period between May-J uly 2011. I sacrificed a great deal and paid lots of her tuition, and she broke up with me
and moved out on or around May 18th, 2011, about 3 days after we hosted her entire family for her graduation from UNR. I
did not know about her stealing my portion of the rent or failing to pay her own portion until August 2011, as the landlord was
on an extended vacation and failed to communicate any deficiency in the rent until mid-August, 2011, and the eviction in RJ C
REV2011-001708 from my former home law office ensued within less than a week of his communicating this deficiency. He
and his counsel, Richard G. Hill, Esq. and Casey Baker pursued a No Cause Notice of Eviction because there was a wealth of
support for me contention that habitability issues, fix and deduct, and the landlord's failure to cure, in addition to personal
property damage done by the landlord's landscaping crew and a provision in the lease holding the landlord liable for such,
indicated it would "be the path of least resistance" to simply seek a No Cause Eviction. The only problem in their attempt to
circumvent the law (even though they still threatened to seek back rent in another forum after getting their No Cause,
summary eviction) was the fact that the Lease Agreement specifically allowed for me to have a commercial law office there, and
NRS 40.253 makes impermissible a summary eviction against a commercial tenant unless the non-payment of rent is Notice,
which, of course Baker and Hill chose not to do....and it was about the time that Hill started to understand that his "wrong site
surgery" for his neurosurgeon landlord client might subject Hill and his firm to some malpractice liability, that Hill started
writing letters to bar counsel attempting to start some grievance on behalf of Gessin (whom Hill did not find so objectionable
when Gessin was Hill's client and Hill was milking over $20K from Gessin) for "ghostwriting" even though I was listed as
Attorney of Record on several different Gessin cases, etc., etc.
Anyway, I deny guilt on each an every allegation made against me by Hill, J udge Nash Holmes, and whoever else has filed a
grievance or complaint and also with respect to any criminal charge against me, including that which resulted in a conviction in
11 CR 22176, which, I think will ultimately reveal was replete with prosecutorial misconduct, lying by the Wal-Mart loss
prevention associate, and lying by the two RSIC police officers, in additional to abuse of discretion and other errors by J udge
Howard.
I am writing to report that I did not receive Mr. King's 3/16/12 letter until a substantial time after it was sent. The postmark on
that 3/16/12 letter from Assistant Bar Counsel King (please see attached picture of the letter and envelope) indicates it was
mailed 3/16/12, and the letter indicates it was not faxed to me (despite my numerous written requests that such a practice be
done in consideration of the problems I have encountered in the USPS violations of the Federal Torts Claims Act and incident to
the domestic violence I have been subjected to, in FV12-00188 and FV12-00187, which included interference with my mail).
I timely filed an Official Change of Address with the USPS. Additionally, I made numerous appearances at both the Golden
Valley USPS Station and the Downtown Reno Post Office in and attempt to make every diligent effort to receive my mail. I
have been threatened by and lied to by the supervisors of the Golden Valley Station USPS Station. I had a hearing related to a
landlord tenant dispute on 3/15/12 (which makes J udge Nash Holmes assertion, in her 3/14/12 letter that I was living in my car
at that time rather suspect, given my home law office was located at the property which was the subject of that hearing and
which I was still located at on 3/14/12...of course, J udge Nash Holmes provides no attribution for such hearsay in her
extremely reckless assertion) in RJ C REV2012-00374 (the matter for which Gayle Kern sent a property manager who lacked
even a law license to litigate on her behalf, or on that of the HOA which Kern has now decided to appear for, despite her being
listed a the PTTHOA Resident Agent for sometime and despite Kern being a named party in the lawsuit in RJ C Rev2012-
000374.
My point is, I did not receive Mr. King's mailing of 3/16/12, in a timely manner, and as such, I am requesting more time to
respond to it. Additionally, I note that Mr. King, in that 3/16/12 letter, writes "I am enclosing with this letter copies of a
grievance letter, from the Municipal Court and a copy of an Order from District court....I will make available for your review and
inspection the supporting documents and audio recordings."
However, as I have previously written, Mr. King has not made "available for (my) review and inspection the supporting
documents and audio recordings". I wish to have a copy of all such "supporting documents and audio recordings", and failing a
copy being provided, I wish to be allowed the access to conduct a "review and inspection" of "the supporting documents and
audio recordings" that Mr. King promised to afford me. At no time has Mr. King ever allowed me such access. In addition, Mr.
King now informs me that he has opened a grievance on behalf of J udge Linda M. Gardner, incident to a Order for Sanctions
she entered in April 2009. Mr. King has refused to indicate to me who submitted this Order for Sanctions or otherwise provided
it to Bar Counsel as a Complaint or Grievance or otherwise. I believe someone necessarily must file the complaint or
grievance. Further, I believe I am entitled to know whom that is, and when such was filed. Additionally, Mr. King has, so failed
to provide a copy or any access to any purported complaint by the City of Reno Marshal's division incident to my accessing
justice, or attempting to, on March 22nd, 2012. I am again requesting that I be so provided as much.
I filed an Official USPS Change of Address on March 12, 2012, in anticipation of a change of address incident to a landlord
tenant hearing set for March 15th, 2012, and further, in response to hostility, retaliation, lies, and threats made by the USPS
Golden Valley Station supervisors Buck Hyde, Terri J ames, and a "Ms." Passot. Some mail, like Mr. King's 3/16/12 letter to me,
was eventually forwarded to me (Mr. King's letter has 3 different yellow stickers affixed, one atop the other, on it by the USPS),
however, some mail, like several Orders of the Reno Municipal Court, were not forwarded on to me, but rather, apparently,
returned to the Reno Municipal Court. Nonesuch Orders were returned to the RMC in time for J udge Nash Holmes 3/14/12
letter to Mr. King, as such, I have no idea what J udge Nash Holmes is referring to when she describes difficulty contacting me
(the attempts by J udge Nash Holmes and the RMC apparently did not included either email or fax or a phone call, however....).
There has been little rhyme or reason as to what mailings the USPS simply returned to the sender (such as a mailing from the
RMC dated 3/14/12) and which mailings it ultimately forwarded on to me (at my then PO BOX 60952, please note, I have a
new PO BOX, that I intened to keep for a substantial period of time, it is PO BOX 3961, Reno 89505...), such as a 3/13/12
mailing from the Reno J ustice Court, which was forwarded on to my then PO BOX 60952 (albeit that envelope has 3 yellow
stickers stacked atop each other as well, the farthest one down indicating a forwarding date of 3/21/12, then next sticker
indicating a hold, and the final sticker atop the stack indicating a forwarding date of 3/28/12....).
I stayed in a weekly motel for an extended period of time following my November 2011 No Cause eviction from my former
home law office, and there was difficulties in filing a Change of Address incident to that given that the Address being changed
from was permanently assigned to a business, a motor lodge. Further, some problem cause Bank of America to temporarily
deny my attempts to change my address on file online, and rather require that I mail Bank of America a signed letter
requesting as much, all the way to Florida. That resulted in delays in filing an online Change of Address with the USPS, given
the USPS demands the online changes be made with one's own debit card, and that they debit card bare the same billing
address as the location one is filing a change of address from, or else, the USPS, will process such a request, but it will add 7-
10 days to tohe processing time. I chose that option given mailign a letter to Bank of America in Florida would have taken
just as long. IN the interim I went to the Golden Valley USPS Station and explained these circumstances and the supervisor,
beyond calling me a "squatter" in advance of the hearing in RJ C REv2011-000374 (and refusing to divulge whom had been
providing information to them resulting in such a prejudicial view of my tenancy at 1422 E. 9th St. #2, Reno 89512), informed
me that while my Change of Address to my then PO Box 60952 was being processed, my mail would be held at the Golden
Valley Station and that I could retrieve it there for the next 7-10 days. When I returned in the following days, a supervisor
named Buck Hyde literally assaulted me, and he and two other supervisors there, Terri J ames and "Ms. Passot" informed me
they were "Feds" and didn't have to put up with any crap from an attorney related to state laws like NRS 118A.190, though
they couldn't cite specifically to any section of Title 39 of U.S. Code justifying their refusal to allow me a mailbox key to my
former home law office at 1422 E. 9th St. #2.
Sincerely,
Zach Coughlin, Esq., PO BOX 3961, RENO, NV, 89505, tel: 775 338 8118, fax: 949 667 7402; ZachCoughlin@hotmail.com Nevada Bar
No: 9473
gr 1 Code No. 2010
LAW OFFICE
RICHARD G. HILL
RICHARD G. HILL, ESQ.
2 State Bar No. 596
CASEY D. BAKER, ESQ.
3 State Bar No. 9504
RICHARD G. HILL, LTD.
4 652 Forest Street
Reno, Nevada 89509
5 (775) 348-0888
Attorney for Respondent Matt Merliss
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IN THE SECOND JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA
IN AND FOR THE COUNTY OF WASHOE
10 ZACHARY BARKER COUGHLIN, )
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12 v.
13 MATT MERLISS,
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Appellant,
Respondent.
Case No.: CVll-03628
Dept. NO.7
MOTION FORA'ITORNEY'S FEES
17 Respondent, MATT MERLISS, by and through his counsel, RICHARD G. HILL,
18 LTD., and CASEY D. BAKER, ESQ. moves the court, pursuant to NRS 69.050 and NRS
19 7.085, for an award of attorney's fees. This motion is based on the above-referenced
20 statutes, the record on appeal ("ROA"), the points and authorities below, and all papers and
21 pleadings on file herein.
22 POINTS AND AUTHORITIES
23 FACTS AND PROCEDURAL HISTORY
24 1. This is an appeal from a summary eviction entered in the Reno Justice Court
25 ("RJC"). Reference is made to the Findings of Fact, Conclusions of Law, and Order for
26 Summary Eviction entered by the RJC on October 27, 2012 for the facts of the underlying
27 eviction. ROA, Vol. II, pp. 75-80.
Post Office Box 2551 28 III
Reno, Nevada 89505
(775) 348-0888
Fax(77 5) 346-0856
F I L E D
Electronically
04-19-2012:04:14:36 PM
Joey Orduna Hastings
Clerk of the Court
Transaction # 2901160
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lAW OFFICE
RICHARD G. Hill
Post Office Box 2551
Reno, Nevada 89505
(775) 348-0888
Fax(775) 348-0858
2. Coughlin filed his first notice of appeal in the eviction case on November 3,
2011, two days after he was properly and lawfully locked out ofthe property. ROA, Vol. III,
pp. 229-233. Coughlin inexplicably filed an additional notice of appeal on November 23,
2011. ROA, Vol. III, P.5.
3. Since filing his first notice of appeal, Coughlin has deliberately engaged in
a pattern of abusive, vexatious, and most importantly, expensive behavior in both this
appeal andin the case below. Coughlin continued tofile motions and other documents, and
engage in other inappropriate and time-consuming behavior in the RJC, both before and
after the first ROA was finally sent up to this court, some seven weeks after the first notice
of appeal was filed. The court is askedto take judicial notice, pursuant to NRS 47.130, that
the RJC sent up a supplement to the ROA on January 4, 2012, which consisted of 21
additional items. It is beyond any doubt that Coughlin's behavior has been specifically
calculatedto cause Merliss to needlessly incur additional attorney's fees and costs. Byway
of example and not necessarily limitation:
3.1. On November 13, 2011, almost three weeks after the eviction was
granted in open court, and two weeks after he was properly and legally locked out of the
property, Coughlin was found to beliving in the basement ofthe home. Coughlin's trespass
led to his arrest. That necessitated additional motion practice andother activity by Merliss'
counsel. Even now, Coughlin refuses, or is unable, to grasp that what he was doing was
unacceptable, both criminally and in the context ofthis litigation. See NRS 22.020. Prior
to being caught illegally squatting on the property, Coughlin had increased his personal
attacks on Merliss, his counsel, and others, most ofwhom were only tangentially involved
in the eviction matter. See, e.g., the "Complaint" Coughlin attempted to file against all of
those individuals in case no. CVU-03126.
3.2. For weeks after he first filed his notice of appeal, Coughlin
continued to file additional motions and other papers in the Reno Justice Court, even while
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LAWOFFICE
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PostOfficeBox2551
Reno, Nevada89505
(775)348-0888
Fax(775)348-0858
avoidingthatcourt'seffortstosetahearingonthosemotions. SeeROA,Vol.IV,pp.22-23.
Duringthattime,Coughlinsupplementedhismotionpracticewithdozensoflengthyand
abusiveemailstoboththejustice'scourtandcounsel- thepurposeofwhichwassimplyto
keepthefight going. All ofCoughlin'sbehaviorduring thattimerequiredsubstantial
additionalworkbyMerliss'counsel,farbeyondanythingina"normal"eviction.
3.3. Afteralengthyhearing,Coughlinwasgrantedadditionaltimeto
removehisbelongingsfromthepropertyinlateDecember2011.
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Ofcourse,theremoval
processitselfwasnotwithoutsubstantialfurtherbickeringandunnecessarydifficulty,all
of whichwasbroughtonbyCoughlin'sinsistenceoncreatingconfrontationwherenone
shouldhaveexisted.
3-4. Forexample,Coughlinchosetospendthefirstofhistwoallotted
dayssendingcombativeemailstobothJudgeSferrazzaandMerliss'counsel, insteadof
diligentlytryingtoremovehisbelongings. Atonepoint,Coughlinevenannouncedthathe
wasentitledtoastayoftheproceedings,andthatwouldallowhimtoreturnto,andretake
possessionof,theproperty.JudgeSferrazzanotifiedCoughlinthatastayhadbeendenied.
SeeEXHIBIT1,whichisatrueandcorrectcopyof thereferencedemailsof December22,
2011. BecauseCoughlinchosetowastehalfofhisallottedtimetryingtopickafightover
thatwhichwasalreadymoot,hefailedtoremoveallof hisbelongingsfromtheproperty.2
This,ofcourse,ledhimtofileamotionforatemporaryrestrainingorder("TRO")inthis
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1 Coughlinhadoneweekfromthetimethecourtruled,onOctober25,2011,that
hewouldbeevicted,untilhewaslockedoutonNovember1,2011. Then,hewascoming
andgoing onthepropertyfor anothertwoweeks. Yet, duringthis time, hefailed to
removeanyofthispossessions. Inthatregard,thecourtshouldknowthatMr.Coughlin
isahoarder.
2 Even though Coughlin removed at least one full U-Haul box truck of his
belongingsfromtheproperty,hestillleftmountainsof"junk"behind.Forexample,there
werenolessthan13automobileseatsinthebasement. Thebackyardwasfull,uptothe
topofthesixfoot fence, withdiscardedtelevisions, carbodyparts,tires, andbroken
furniture.
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LAWOFFICE
RICHARD G. HILL
PostOffice Box2551
Reno. Nevada69505
(775)348-0888
Fax(775)348-0858
court, which is discussed further, below. When Coughlin's TRO motion was denied, that,
in turn, led him to physically attempt to interfere with Merliss' efforts to dispose of the
property Coughlin had chosen to abandon. Predictably, the end result was substantial
additional fees incurred by Merliss, which was, of course, Coughlin's goal all along.
3.5. In addition to his continued activity in the RJC, Coughlin has filed
hundreds ofpages of abusive, and often nonsensical, materials with this court, in which
he has repeatedly sought relief to which he was not even arguably entitled. In many of his
filings, Coughlin failed to even identify, much less analyze, the controlling law on the
subject. Nevertheless, Merliss was forced to respond to those filing, lest the court take
Merliss' silence as an admission under DCR 13(3) that Coughlin's requests were
meritorious.
3.6. For example, Coughlin's December 30, 2011 motion for a
temporary restraining order was 20 pages long, excluding exhibits. Coughlin, a lawyer,
failed to identify or discuss the controlling law, NRCP 65(b) and NRS 33.010, in any way.
Inaddition to being procedurally deficient, that motion was substantively without any merit
whatsoever, and this court so found. See this court's Order dated January 11, 2012.
Nevertheless, Merliss was forced to incur attorney's fees to respond to that frivolous
motion, and, as a safe-harbor, delay his efforts to clean out and re-Iet the property, causing
him further damage.
3.7. On January 12, 2012, after his motion for a TRO was denied,
Coughlin chose to resort to the self-help tactic ofphysically interfering with Merliss' efforts
to clean out the property. See Merliss' motion for order to show cause filed herein on
January 20, 2012 for further particulars. Those antics ultimately led to Coughlin's arrest,
and additional motions and hearings, continuing his tactic of causing Merliss more and
more fees.
3.B. On January 14, 2012 in this case, Coughlin filed a document titled
"Opposition to Motion for Attorney's Fees," even though no such motion had been filed.
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LAWOFFICE
RICHARO G. HILL
Reno. Nevada 89505
(775) 348-0888
Fax(775) 348-0858
3.9. OnJanuary30,2012,Coughlinfiledamotiontoalteroramend
thiscourt'sJanuaryn,2012orderunderNRCP52(b)or59.Onceagain,Coughlin'smotion
waswithoutanymeritwhatsoever,butneverthelessrequiredafull response. Coughlin
completelyignoredthefundamental,thresholdrequirementthatnojudgmenthadbeen
enteredin this case, and, therefore, no reliefwas available to him underthe rules he
purportedtoinvoke. EachandeveryoneofCoughlin'snumerousandlengthymotionshave
been so devoid ofany factual orlegal basis so as to be sanctionable in and among
themselves. NRS7.085. NRCP neb).
3.10. OnFebruary2,2012,Coughlinfiledanoticetosetahearingin
thiscaseinDepartment10. Hecitedirrelevantandinapplicablestatutesinsupportofhis
notice. Merliss incurred fees in moving the court to strike Coughlin's fugitive and
nonsensicalnotice.
4. TheoverridingproblemMerlisshasconsistentlyfacedwhenrespondingto
Coughlin'smUltipleandlengthyfilingshasbeenthatCoughlin,anattorney,wasabletoat
least identifyjust enough law so that his motion or other papers could not be left
unopposed. Coughlin never presented any true legal analysis to the court, but his
invocationofarguablyrelevant statutes, or,atleast, possiblelegal theories (e.g. TRO),
forcedMerlisstorespondtoeachofhisfrivolousfilings. Merlisscouldnotriskthecourt
accepting some random citation in Coughlin's papers and entering an adverse ruling
becauseMerlisshadnotopposedit. SeeDCR13(3). Often,aswasthecasewiththeseries
ofdocuments Coughlin filed from April 5 through April 9, 2012, Coughlin simply
regurgitatedandrefiledthesamedocumentoverandover,butwithadifferenttitleand
(sometimes)adifferentprayerforrelief.Thatstringoffilings,inparticular,didnotcontain
anyrelevantcitationtoanycontrollingauthority,oranycogentanalyses,tosupportany
reliefCoughlinclaimedhewasrequesting.Cf.,NRCP7(b). BecauseCoughlinknewenough
toatleastaskforsomerecognizableform ofreliefinthecaptionandprayerfor relief,
MerlisscouldnotsimplyignoreCoughlin'spapers. Andtomakemattersworse,because
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LAW OFFICE
RICHARD G. HILL
Reno, Nevada 89505
(775) 348-0888
Fax(775) 348-0658
Coughlin'smotionsweresodevoidofanycoherentanalysis, Merliss'counselwasoften
forcedtobrieftheentiredocumentforthecourt,ratherthanfocusinghisoppositiononany
particularelement orotheraspect ofthelaw. All ofthis resulted in anextraordinary
amountof feesneedlesslyheapeduponMerlisstotrytoconcludewhatshouldhavebeen
asimple"no-cause"summaryeviction.
5. CoughlinisanattorneydulylicensedassuchbytheStateofNevada. His
statebarnumberis9473.
6. SinceCoughlinfiledhisfirstnoticeofappealonNovember3,2012,Merliss
hasincurred$42,065.50 inattorney'sfees. As explainedbyMr. Hillinhisdeclaration
(EXHIBIT4,hereto),thosefeesdonotincludeasubstantialamountof editingandother
activitiesperformedbyhiminthiscase. UnderNRS 69.050,thiscourtisauthorizedto
awardMerliss,astheprevailingpartyonappeal,hisfeesfor"allservicesrendered"inhis
behalf.Anawardoffeesisalsoavailable,andappropriate,underNRS7.085,forCoughlin's
frivolous andunnecessarydefenseandextensionofthismatter. It ishardtoimaginea
moreappropriatecasethanthisinwhichtoawardthemaximumamountjustifiedbythe
substantialevidencebeforethecourt.
LAW
1. Referenceis madetoNRS 69.050("Intheeventofanappeal,thedistrict
courtisauthorizedtoawardtotheprevailingpartyallcostsofcourtasnowallowedbylaw
incurredbysuchparty,andalsoareasonableattorneyfeetobefixedandallowed
bythedistrictcourt forall services renderedinbehalfoftheprevailingparty").
2. ReferenceismadetoNRCP54(d)(2)(A)("Aclaimforattorneyfeesmustbe
madebymotion.")
3. ReferenceismadetoNRS7.085,whichprovidesinfullasfollows:
1. Ifacourtfindsthatanattorneyhas:
(a) Filed,maintainedordefendeda civil action or
proceedinBinanycourtinthisStateandsuchactionordefense
is not well-grounded in fact or is not warranted by
existinglaworbyanargumentforchangingtheexisting
lawthatismadeingoodfaith;or
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RICHARD G. HILL
PostOfficeBox2551
Reno, Nevada89505
(775)3480888
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(b) Unreasonably and vexatiously extended a civil
action or proceeding before any court in this State,
.. the court shall require the attorney personally to pay the
additional costs, expenses and attorney's fees reasonably incurred
because of such conduct.
2. The court shall liberally construe the provisions ofthis
section in favor of awarding costs, expenses and attorney's fees in
all appropriate situations. It is the Intent of the Legislature
that the court award costs, expenses and attorney's fees
pursuant to this section and impose sanctions pursuant
to Rule 11 of the Nevada Rules of Civil Procedure in all
appropriate situations toIunish for and deter frivolous
or vexatious claims and efenses because such claims
and defenses overburden limited Judicial resources,
hinder the timely resolution of merItorious claims and
increase the costs ofengaging in business and providing
professional services to the public.
NRS 7.085 (emphasis added).
ANALYSIS
I. MERLISS IS ENTITLED TO ANAWARD OF FEES UNDERNRS 69.050AND
NRS7.085
"Attorney's fees are not recoverable absent a statute, rule or contractual
provision tothe contrary." Bobby Berosini, Ltd. v. PETA, 114 Nev. 1348, 1356, 971 P.2d383
(1998) Here, the authority for an award of fees is provided by two statutes.
NRS 69.050 provides that the prevailing party on an appeal from justice' s court
is to be awarded "a reasonable attorney fee ... for all services rendered" on his behalf in
connection with this case. Merliss is entitled to his fees because he is the prevailing party
in this appeal. See this court's order dated March 30, 2012. Since the notice ofentry ofthe
court's order was served by Merliss on March 30, 2011, this motion is timely. NRCP
54(d)(2)(A). The proof required by NRCP 54(d)(2)(B) is set forth below and in the
Declaration of Casey D. Baker, attached hereto as EXHIBIT 3. Reference is also made to
the Declaration of Richard G. Hill, attached hereto as EXHIBIT 4.
An award of fees against Coughlin, an attorney representing himself, is also
appropriate under NRS 7.085. That statute is remedial, and requires a liberal
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Reno, Nevada 89505
(775) 348-0888
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construction of its own provisions. That law requires the court to award fees upon a
finding that Coughlin either:
(a) Filed, maintained or defended a civil action or proceeding in
any court in this State and such action or defense is not
well-groundedinfact or is not warrantedbyexistinglaw
or by an argument for changing the existing law that is
made in good faith; or
(b) Unreasonably and vexatiously extended a civil action
or proceeding before any court in this State,
NRS 7.085(1)(a)(b) (emphasis added).
Here, the court need look no further than its own file and the 2,000 + page ROA
to conclude that Coughlin has behaved unreasonably, vexatiously, and that none of his
"arguments" have been well-grounded in either fact or law. In fact, his rants and ravings
have been nothing more than him exacting revenge on Merliss andall those associated with
him. As such, a fee award is mandatory. As to the amount of fees, NRS 7.085 provides
that
the court shall require the attorney personally to pay the
additional costs, expenses and attorney's fees reasonably incurred
because of such conduct.
NRS 7.085(1) (emphasis added).
As proven above and below, the frivolity and vexatiousness of Coughlin's
maintenance and extension of this matter has been so beyond reason, and so outrageous,
andthe nexus of his behavior to the fees incurred by Merliss so direct and indisputable, that
nothing less than a full award of those fees should even be considered by the court. To not
impose the full measure of the harm Coughlin has caused would reward and encourage his
vexatiousness in this and other cases. There needs to be a day of reckoning for Coughlin's
antics.
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LAWOFFICE
RICHARD G. HILL
Reno, Nevada 89505
(775) 348-0888
Fax(775) 348-0858
II. COUGHLIN HAS INFUCTED $42,065.50INATIORNEY'S FEES UPON
MERLISSSINCETHEFILINGOFHISFIRSTNOTICEOFAPPEAL.
At everystage ofthis proceeding, both in andoutofcourt, Coughlin has
deliberatelyengagedinapatternofoutrageousandabusivebehaviorspecificallycalculated
tocauseMerlisstoneedlesslyincurattorney'sfeesandcosts. InitsOrderdatedMarch30,
2012,at2,thiscourtrecognizedthattherecordinthiscase"exceeds2,000pages."Asthe
courtis surely aware by now, that observation is butofthe tip ofthe iceberg thatis
Coughlin'sabusive,frivolous,andvexatiousstyleof litigationinthismatter. Thetimefor
Coughlintofacetheconsequencesofhisactionsisnow. Thiscourtcannolongerignorethe
factthatCoughlin,alicensedattorneyandcurrentmemberofthebar,hadone,andonly
oneagendainthiscase- todriveupfeesforMerliss. Inthisregard,andonlyinthisregard,
hehasbeenwildlysuccessful. ThestatedintentofNRS7.085(2),andtheimpliedintent
ofNRS69.050,isto"punishforanddeter"preciselythistypeof behavior.
Thiswasasummaryevictioncase. Summaryproceedingsareinformal.They
aredesignedandintendedbytheLegislatureto"dispensefairandspeedyjustice."N JCRCP
105.Forthatreason,thepartiesarenotentitledtoconductdiscovery. Noformalhearings
are required. No moneyisatdirectlyatstake. The onlythingatissueinasummary
proceedingis possessionoftheproperty. NRS 40.253(6). G.C. Wallace, Inc., v. Dist.
Court, 127Nev. Adv. Op. 64, 262 P.3d1135 (October6, 2011). Here,theresidencewas
subjecttoamonth-to-monthtenancythatcouldbe,andwas,properlyterminatedforno-
causebytheuseofacourt-approvedform. Summaryevictionproceedingsaredesigned
tobesimple,sothatlandlordsandtenantscanconductthemwithouttheneedforcounsel.
The Nevada Supreme Court has promulgateddozens offorms, andmadethose forms
available online, so thatthe entire proceeding, from beginningtoend, cantake place
withoutsubstantialdraftingthat wouldrequireanattorney.Summaryevictionproceedings
shouldneverrequirehundredsofbill ablehoursbyanattorneytocomplete.Yet,here,due
solelytoCoughlin'sunbelievablepropensityforconfrontation,hisirrationalrefusaltodeal
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RICHARD G. HILL
Reno, Nevada 89505
(775) 348-0888
Fax(775) 3480858
withtherealityofthesituationhecreated,andhissingle-mindedfocusoncausingasmuch
damagetoasmanypeopleashepossiblycan,thehoursandfeesinthiscasehavebeen
drivenoutofallreasonablecontrol.
Substantively,allCoughlinhadtodotostoptheevictionbelowwastoshow,
byadmissibleevidence,thatasingle,materialfactualdisputeexistedfortrial. Anvui,
LLC v. C.L. Dragon, LLC, 123Nev. 212, 215,163P.3d405(2007). Hecouldnotevendo
that, despitefiling hundredsofpagesofbriefswiththecourt,anddespitethecourt
allowing himtwohearings, whichlastedinexcess of10hours,inwhichtopresenthis
claims. JudgeSferrazzadidnotdenyCoughlintheentryof evenasinglepieceof evidence.
Butstill,despiteallof hisravings,Coughlincouldnotmeetthisverylowburdenof proof.
Thatwasbecause,withoutexception,eachandeverywordCoughlinutteredinpursuit
ofhisfrivolousdefenseswascompletelyandabsolutelywithoutmerit. Thatwasjustthe
beginning,butitillustratesperfectlythefoundationuponwhichCoughlinbuilthisappeal
inthiscourt.
Oncehefinallymanagedtoperfecthisappealandfilehisbrief(s)inthiscourt,
Coughlincouldnotpointtoasingle,specific,articulableerrorbytheRJC. Heimproperly
filedtwoappellatebriefs,inexcessof50pages,plusaCD,butstillcouldnotevenidentify,
muchlessmeet,orevenapproach,hisevidentiaryburdenofshowingthatthelowercourt's
decisionwasclearlyerroneousandnotbasedonsubstantialevidence. SeeCibellini v.
Klindt, 110 Nev. 1201, 1204, 885P.2d540(1994). Coughlincouldnotcoherently
identifythefactualbasesforhisappealbecausetherewerenone,justlike
therewerenofactualbasesfortheridiculousandunsupporteddefensesof
habitabilityIretaliationldiscriminationheattemptedtosetupintheRJC.
Coughlin'sdefensesbelow,hisappeal,andeverymotionandotherpaper Coughlinhasfiled
have been perfectly frivolous. See BLACK'S LAw DICTIONARY 677 (i
h
ed. 1999)
("frivolous, adj. lacking a legal basis or legal merit; not serious; not reasonably
purposeful.")Cf.,NRS7.085(1)(a). Hiseffortstoextendthismatterinspiteofthat frivolity
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LAWOFFICE
RICHARD G. HILL
Posl Office Box 2551
Reno. Nevada 89505
(775)346-0886
Fax(775) 348-0858
havebeenperfectlyvexatious.Seeid. at1559 ("vexatious,adj. (Ofconduct)without
reasonableorprobablecauseorexcuse;harassing;annoying.")
Thepreposterous,unfounded, unsupported,andlargelyunarticulatedlegal
"arguments"Coughlinattemptedtomakeinthehundredsuponhundredsof pageshehas
filedinthiscourtaremorethanenoughtojustifyafullawardoffeestoMerlissunderNRS
7.085. Butthatistosaynothingofthesarcastic,abusive,derogatoryvitriolandpersonal
attacksCoughlinhasrepeatedlyheapedonMerliss,hiscounsel,thiscourt,theRJC,court
staff, his public defenders, various prosecutors, NevadaCourtServices employees, NV
Energy,andanynumberofotherwitnesses,lawyers,judges,andprivateindividualswho
wereunfortunateenoughtohavecrossedhispathinthepasteightmonths. Forsome
unknownandunexplainedreason,Coughlinhaschosenlitigationingeneral,andthiscase
inparticular,ashisforumforlashingoutatanyoneandeveryoneheperceivesaseven
remotelyconnectedto,orresponsiblefor,thedownwardspiralinwhichhefindshislife.
Merlissispreciselywithintheclassof person,andhassufferedpreciselythe
typeofharm,thatbothNRS69.050andNRS7.085weredesignedtoprevent
andremedy.
In considering this matter, it must not escape the court's attention that
Coughlin literallytookeverysingle opportunitythatpresenteditselftohimtodelay,
frustrate,andabusethiscourt'sandtheRJC'sprocesses,andallparticipantsinthismatter.
Severaltimes, Coughlin'santicshaveendedinhisarrestorcitationbytheRenoPolice
Department. Forexample,onNovember15, 2011, afterheburstintotheundersigned's
office,disruptingadeposition,andwasthereafterparadingupanddown thestreet filming
andyelling obscenities, Coughlin was cited shortly after leaving counsel's office. See
DeclarationofRichardG. Hill,Exhibit2tothemotionforordertoshowcausefiledinthe
RJConNovember21, 2011. ROA, Vol. III,pp.18-33. AndonJanuary12,2012,whenhe
wasarrestedforjaywalkingwhileattemptingtopreventMerliss'contractorfromdisposing
of thethingsCoughlinhadabandonedattheproperty. Thatday,shortlybeforehisarrest,
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LAWOFFICE
RICHARD G. HILL
PostOffice Box2551
Reno,Nevada89505
(775)348-0888
Fax(775)348-0858
Coughlin had been climbing on the contractor's truck, falsely accusing the contractor of
stealing his things, and feigning injury to prevent the contractor from entering the Waste
Management transfer station. See Merliss' second motion for order to show cause, filed
herein onJanuary 20,2012. See also, Coughlin's motion to alter or amend, filed on January
30, 2012, at 4:7, in which he states "Richard Hill keeps doing his Reno PD thing, I keep
getting arrested ... ". Coughlin has repeatedly and falsely accused Mr. Hill of bribing the
Reno Police to arrest him. Coughlin, of course, has never explained the relevance of this
ridiculous accusation to these proceedings. But his intent is obviously only to defame Mr.
Hill and deflect attention from his, Coughlin's, habitual criminal behavior.
In addition to the physical confrontations and harassment Coughlin has doled
out, he has sent hundreds of emails to the undersigned and Mr. Hill during the course of
these proceedings. Much like his court filings, those emails often contained page after page
of nonsensical string cites ofirrelevant legal authority, laced with abuse and name-calling.
Any original thought contained in those em ails usually consisted ofsome derogatory insult
or other personal tirade against Merliss or his counsel, in one form or another. Coughlin's
communications, some of which have been made exhibits in this proceeding, were more
often than not confused, confusing, and bizarre. His refusal to deal with reality, his
insistence on creating confrontation at every turn, his flagrant abuses of this court's
processes, and, ultimately, his criminal behavior, have cost Merliss an astounding amount
of fees, all of which Coughlin should pay pursuant to the mandate of NRS 7.085.
But there is more. According to his internet postings, Coughlin fancies
himself as "a landlord's worst mother effin (sic) nightmare." Coughlin states that he
sometimes defends tenants for free "just for shetz (sic) and gegs (sic)." See EXHIBIT 2
attached hereto, which is a true and correct copy of a printout from Coughlin's YouTube
page, which he operates and maintains under the username "25teddyjames." These two
statements alone strip away any veneer oflegitimacy for any of Coughlin's "legal
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LAWOFFICE
RICHARD G. HILL
Reno, Nevada 89505
(775) 348-0888
Fax(775) 348-0858
arguments" inthis case. Perhaps even more disturbing, Coughlin is obviouslyand
blatantlyproud ofthefactthathisanticshavecostMerliss,andothers,suchastaggering
amountoffees. SeeCoughlin'sSupplement toMotiontoVacateHearingonOrder toShow
Cause,at6:15-16,wherehestates".. .AND RICH AND CASEY CAN ENJOY THE MONEY
THE (sic) JUST EARNED. AND BY GAWD, THEY DID EARN IT, DIDN'T THEY?"
(emphasisinoriginal). ThisallprovesthatCoughlin'sbehaviorwasintentional.
To call Coughlin's litigation "tactics" unprofessional would be an
understatementofhistoricproportions. ButunfortunatelyforMerliss,allofCoughlin's
nonsense has hadto be read, absorbed, analyzed, anddealt with byMerliss' counsel,
whetherornotaformalresponsewaseverfiledwiththecourt. Duetotheconsistentand
pervasiveincoherencyof eachandeveryoneofCoughlin'sfilings, allof thatactivityhas
takenaspectacularlydisproportionateamount ofcounsel'stime.That,ofcourse,hasended
upcostingMerlissanobsceneamountof money,whichisexactlytheresultCoughlinnot
onlyintended,butproclaimedfromthebeginningashisgoal.
Coughlinhasgone togreatlengthstomakethecourt,Merliss,andanyoneelse
whowouldlisten,awarethathe,Coughlin,claimstobewithoutfinancialresources. See
Coughlin'smotiontoproceedinformapauperisonappeal,filedhereinonFebruary16,
2012. Herepeatedlyrailsagainstwhatheperceivesasdisparatetreatmentofhim, and
those he believes to be wealthy, privileged, or even employed, including Merliss, his
counsel,andmembersofthejudiciaryandlocalpoliceforce. See,e.g,Coughlin'smotion
toalteroramendorderdenyinghismotiontoproceedinformapauperis,filedhereinon
April5,2012. Butevenifthatwerethe case,thatCoughlinhaslessfinancialresourcesthan
others,thatdoesnotgivehimtherighttofoistthecostsofhisgamesmanshiponthosewho
havebeenunfortunateenoughtobecomeinvolvedinlitigationwithhim.
A suitatlawisnotachildren'sgame,butaseriouseffort
onthepartofadulthumanbeingstoadministerjustice.
Tremps v. Ascot Oils, Inc., 561F.2d41,44(7thCir.1977)(emphasisadded).
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LAWOFFICE
RICHARD G. HILL
Reno, Nevada 89505
(775) 346-0888
Fax(775) 346-0858
Thatis a conceptthatCoughlin, a currentmemberofthebar, does notyet
grasp, but needs to learn. NRS 69.050 and NRS 7.085 are designed and specifically
intendedtoteachthatlessontolitigantssuchas Coughlin,todeterfuturesimilaracts.
Here,eitherasaresultofhiscompleteindifference,orbyspecificdesign,Coughlin'santics
havecostMerlissaverylargeamountofveryrealmoney. Merlissdoesnothavetheluxury
ofrepresentinghimselfwithoutincurringactualfees,asCoughlindoes. Instead,Merliss
was forced to pay real lawyers to practice real law in the face ofCoughlin's childish,
frivolous, and reckless abuses ofthecourtsystem. Thefees inflictedupon Merliss to
litigate,andeventuallyprevail,inthismatter,shouldbebornebyCoughlin,thesole,direct,
andproximatecauseofthatharm. NRS 7.085.NRS69.050.
CONCLUSION
Coughlin is a grown man, andanattorney. It is timefor him toface the
consequencesof hisactions. Thiscourtcannolongertolerateorignorethefinancial harm
CoughlinhaspurposefullyandrecklesslyinflictedonMerlissinthiscase. Merlisshas
incurred a staggering amount of fees in this matter due exclusively toCoughlin's
unprofessional, frivolous, andabusive litigation "tactics," including his often criminal
behavior. Merlissisentitledtorecoupthosefeesnow. NRS69.050. NRS7.085. Coughlin
isentitledtoandpraysforanawardof feesintheamountof$42,065.50pursuanttothe
referencedstatutes.
WHEREFORE, Merliss prays for an order ofthis court, pursuantto NRS
69.050andNRS7.085, awardingMerlisshisattorney'sfeesinthismatterintheamount
of$42,065.50,plusanysumsreasonablyincurredinrespondingtoanyadditionalpapers
thatmaybefiledinthiscasebyCoughlin;andforsuchother,further,andadditionalrelief
asseemsjusttothecourtinthepremises.
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LAWOFFICE
RICHARD G. HILL
PoSI OfficeBox2551
Reno. Nevada89505
(775)348-0888
Fax(77S) 346-0858
AFFIRMATIONPursuanttoNRS239B.030
Theundersigneddoes herebyaffirmthattheprecedingdocumentdoesnot
containthesocialsecuritynumberofanyperson.
DATEDthis \q dayofApril,2012.
RICHARDG. HILL,LTD.
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LAWOFFICE
RICHARD G. HILL
PostOfficeBox2551
Reno, Nevada69505
(775)348-0686
Fax(775)346-0858
CERTIFICATEOFSERVICE
PursuanttoNRCP5(b),IherebycertifythatIamanemployeeof RICHARDG.
HILL, LTD., andthatonthe \ dayofApril, 2012,I electronicallyfiledtheforegoing
Motion/or Attorney's Fees withtheClerkoftheCourtbyusingtheECFsystemwhichwill
sendanoticeofelectronicfilingtothefollowing:
ZachCoumhlin,Esq.
1422E. 9 Street,#2
Reno,Nevada89501
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EXHIBIT INDEX
LAW OFFICE
RICHARD G. HILL
PostOfficeBox2551
Reno. Nevada89505
(775)348"()6BB
Fax(775)348-0858
EXHIBIT NO. DESCRIPTION PAGES
2 1 Emails dated 12/22/11
2 Coughlin's YouTube page 8
3
Declaration of Casey D. Baker 13
4
Declaration of Richard G. Hill
3
F I L E D
Electronically
04-19-2012:04:14:36 PM
Clerk of the Court
Page lof2
Casey Baker
From: Sferrazza, Pete [psferrazza@washoecounty.usJ
Sent: Thursday, December 22, 2011 2:33 PM
To: zachcoughlin@hotmail.com; cdbaker@richardhillaw.com
Cc: Stancil, Karen
Subject: RE: inventory continued
Dear Mr Coughlin:
The stay was denied. You will need to ask the District Court for a stay.
Pete Sferrazza
Sent: Thursday, December 22,201112:09 PM
To: Sferrazza, Pete; cdbaker@richardhillaw.com
Subject: inventory continued
Dear Judge Sferrazza and Mr. Baker,
Additionally some rare book are missing, family photographs/keepsakes/heirlooms/media, I believe the ....
hammer weighted action casio 88 key PX 330 is the model number, I believe, I will have to
check ....... Further, this is all moot at this point as I have filed a Supersedeas Bond of $250, and according
to NRS 40.385, I automatically get a stay of eviction and am entitled to return to the property and
continue in possession. The tatute sets the Supersedeas Bond (which yields a stay) at $250 if
rent is under $1000, unlep the Court wishes to rule that I am a commercial tenant.
However, if the court does rule that I am a commercial tenant, the No Cause Eviction Notice
in this case, under NRS 40.253 makes a Summary Eviction Proceeding impermissible, as
Summary Eviction Proceedings are not allowed against commercial tenants where only a No cause
Eviction Notice is filed. Its one or the other, but Mr. Hill and Baker cannot have it both ways. Further,
the Courts Order of December 21, 2011 is just that, and Order, its not an agreement, its not a
settlement, etc, etc. and the audio record clearly reflects that.
NRS 40.385 Stay of execution upon appeal; duty of tenant who retains possession of premises to pay
rent during stay. Upon an appeal from an order entered pursuant to NRS 40.253:
1. Except as otherwise provided in this subsection, a stay of execution may be obtained by filing with the
trial court a bond in the amount of $250 to cover the expected costs on appeal. In an action concerning a
lease of commercial property or any other property for which the monthly rent exceeds $1,000, the court
may, upon its own motion or that of a party, and upon a showing of good cause, order an additional
bond to be posted to cover the expected costs on appeal. A surety upon the bond submits to the
jurisdiction of the appellate court and irrevocably appoints the clerk of that court as the surety's agent
upon whom papers affecting the surety's liability upon the bond may be served. Liability of a surety may
be enforced, or the bond may be released, on motion in the appellate court without independent action.
2. A tenant who retains possession of the premises that are the subject of the appeal during the
pendency of the appeal shall pay to the landlord rent in the amount provided in the underlying contract
between the tenant and the landlord as it becomes due. If the tenant fails to pay such rent, the landlord
may initiate new proceedings for a summary eviction by serving the tenant with a new notice pursuant to
NRS 40.253.
Sincerely,
Zach Coughlin, Esq.
4/18/2012
Page 2 of2
817 N. Virginia St. #2
Reno, NV 89501
tel: 775 229-6737
fax: 949 667 7402
ZachCoughlin@hotmail.com
Nevada Bar No: 9473
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411812012
EXHIBIT 2
EXHIBIT 2
F I L E D
Electronically
04-19-2012:04:14:36 PM
Clerk of the Court
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4/212012
F I L E D
Electronically
04-19-2012:04:14:36 PM
Clerk of the Court
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gr
LAWOFFICE
RICHARD G. HILL
PostOffice Box2551
Reno, Nevada69505
(775)348"()888
Fax(775)348"()858
Code No. 1520
RICHARD G. HILL, ESQ.
State Bar No. 596
CASEY D. BAKER, ESQ.
State Bar No. 9504
RICHARD G. HILL, CHARTERED
652 Forest Street
Reno, Nevada 89509
(775) 348-0888
Attorney for Respondent Matt Merliss
ZACHARY BARKER COUGHLIN, )
) Case No.: CVll-03628
Appellant, )
v.
)
)
Dept. NO.7
)
MATT MERLISS, )
)
Respondent. )
)
DECLARATION OF CASEY D. BAKER, ESQ.
CASEY D. BAKER, ESQ., being first duly sworn, deposes and under penalty of
perjury avers:
1. I am a resident of the City of Reno, County ofWashoe, State of Nevada,
and over 18 years ofage. This declaration is based on my personal knowledge, except those
matters stated on information and belief, and as to those items I believe them to be true.
This declaration is made in support of respondent's Motion for Attorney's Fees, and
represents my testimony if called on to present same in court.
2. I am an attorney duly licensed as such by the State of Nevada to practice
before all courts of this State and maintain my office at 652 Forest Street, Reno, Nevada,
where I am employed as an associate for the law firm of Richard G. Hill, Ltd. I am also
licensed to practice before the United States District Court for the District of Nevada.
III
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LAW OFFICE
RICHARD G. HILL
Reno, Nevada 89505
(775) 348-0668
Fax(775) 348-0656
3. Myofficerepresentstherespondent,Dr.MatthewMerliss,inthismatter.
4. AttachedheretoasEXHIBIT"I"isatrueandcorrect(redacted)copyof a
billing"activityreport"generatedbymyofficeshowingworkperformedsinceNovember
3,2012aspartof myoffice'srepresentationof Dr.Merlissinconnectionwiththismatter.
I have only redacted those portions of the billings which might reveal privileged
information(Le.,attorney-clientandlorattorneyworkproduct)orchargeswhichdonot
pertaintotheinstantmatter.All chargesarisingfromtheentriesontheattachedreport
wereactually,reasonablyandnecessarilyincurredonbehalf of myclientinthiscase. The
datapresentedis,essentially,thebillingssenttotheclientsinaslightlymodifiedformat.
a) ThechargesformytimepriortoMarch1, 2012wereallassessed
attherateof$225.00perhour, whichwasmystandardhourlyrateatthattime. The
chargesformytimebeginningonandafterMarch1, 2012wereallassessedattherateof
$250.00perhour, whichismystandardratenow. Uponinvestigationandexperience,
theseratesarewellwithintherangeoffeeschargedbyotherattorneysinthecommunity.
5. ThetotalfeesincurredbyMerlissinconnectionwiththismattersince
November3,2012are$42,065.50.
6. InaccordancewiththefactorsenunciatedbytheNevadaSupremeCourt
inBrunzellv. Golden Gate Nat. Bank, 85Nev.345,349,455P.2d31(1969)andasset forth
inNRPC1.5,IshowtheCourt:
a) IhavebeenpracticinglawinNevadaforover6years. Mypractice
emphasizescollections,realestate,realestatelitigation,construction,constructiondefect,
business,businesslitigationandgeneralcommerciallaw.
My current standard hourly rate is $250.00 perhour. Upon inquiry, I
understandthatratetobewellwithintherangeoffees chargedbyotherattorneyswith
comparablequalificationsinthecommunityforsimilarservices.Thefeeschargedwere
actually,reasonablyandnecessarilyincurred.
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LAWOFFICE
RICHARD G. HILL
PostOffICe Box2551
Reno, Nevada89505
(775)348"()888
Fax(775)348-0858
b) Most of the work that was actually performed in connection with
this matter is itemized on EXHIBIT "1." Reference is made to the Declaration of Richard
G. Hill, Esq., filed herewith, for a discussion of work that was performed by him, but not
billed to the client. The entries on EXHIBIT "1IIidentified as "CB" were entered by me. The
entries identified as "RGH" were entered by Mr. Hill. The charges identified as "SLH" were
entered by my secretary, Sherri L. Hill. The entries on EXHIBIT "1" were made as the
charges were incurred. The billings show a total of176.78 hours spent on this matter, each
and every instance of which was necessary and reasonable under the circumstances.
In that regard, it is important for the court to understand that this case
required substantially more work than a "normal" eviction case would have or should
have required. All of this work was necessitated solely due to the unpredictable, erratic, and
abusive behavior by the tenant, Mr. Coughlin, as described in the instant motion. As
discussed by Mr. Hill in his declaration, I, too, have not charge Dr. Merliss for a significant
amount of time I have spent dealing with this matter, including time spent in consultation
with Mr. Hill, and in dealing with the property. The end result obtained for the client was
a complete victory, both in the underlying eviction and in this appeal. As a result, Dr.
Merliss is now able to re-Iet his property on River Rock
c) Mr. Hill has been practicing law in Nevada for over 33 years. His
practice, like mine, emphasizes collections, real estate, real estate litigation, construction,
construction defect, business, business litigation and general commercial law. Mr. Hill has
spoken at real estate seminars in the legal community. He is frequently consulted by other
attorneys in the legal community on collections, real estate, procedure, business,
construction and related issues. He maintains an extensive library on collections,
construction, real estate and real estate litigation issues, in addition to an extensive library
on litigation and trial issues.
III
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LAW OFFICE
RICHARD G. HILL
PostOfficeBox2551
Reno. Nevada69505
(775)346-0686
Fax(775)346-0858
Mr. Hill'sstandardhourlyratethroughoutthiscasehasbeen$350.00per
hour. Uponinquiry,Iunderstandthoseratestobewellwithintherangeoffeeschargedby
otherattorneyswithcomparablequalificationsinthecommunityforsimilarservices.
7. Ihavepersonallyreviewedtheexhibitsattachedtotheinstantmotion,and
eachexhibitisatrueandcorrectcopyof whatitpurportstobe.
8. Ideclareunderpenaltyof perjurythattheforegoingistrueandcorrect.
qih
J
DATEDthis___dayofApril,2011.
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EXHIBIT INDEX
LAW OFFICE
RICHARD G. Hill
PostOfficeBox2551
Reno. Nevada89505
(775) 348-0888
Fex(775)348-0858
5
EXHIBIT NO. DESCRIPTION PAGES
1 Activity Report
7
EXHIBIT1
EXHIBIT1
Richard G. ________
Activity Report
.. ..--.-----------
For the dates: 1113/2011 to 4119/2012
Client: Merliss, Dr. Matthew J.
Matter: General (Default)
BiU Detail
Date TyPe Biller Description Hours Amount
11/3/2011 Fee ROH emails wi cdb; reviewing today's ravings by ZC 0.30
111412011 Fee ROB review 46 pages of drivel faxed from RJC - look for 0040 $140.00
disbilitv motion - none found
-
1116/2011 Fee CB Prepare for hearing re: deposit and inspection. 2.00 $450.00
111712011 Fee ROB email to client multiple drivebys over the 0.25 $87.50
weekend
11/712011 Fee ROB to & from house - video #3 0040 $140.00
111712011 Fee CB Attend hearing. 8:00 - 10:00. Email to client. 2.00 $450;,,00
11/7/2011 Fee ROB phone wi PI & setting up tomorrow; emails to & from 0.33 $115.50
client
11/7/2011 Fee CB Receive and review stack of new motions. 0.50 $112.50
11/8/2011 Fee ROB to & from & through the house; email to client 0040 $140.00
1118/2011 Fee CB Receive and review tenant's opposition to memo of 0.50 $112.50:
costs. Telephone with court (x2).
111812011 Fee CB Telephone with client. 0.20 $45.00
111812011 Fee CB Instructions to staff. Edit request for submission. 0.10 $22.5<1
1118/2011 Fee CB To and from court to file request for submission. nlc. 0.30 $0.00
1119/2011 Fee CB Receive and review a pile of newly filed motions - 0.50 $112.50
both RJC and DC.
1119/2011 Fee CB Prepare correction of misstatement of law. nlc. 0.30 $0.00
1119/2011 Fee CB Telephone from court. Prepare order. 0.30 $67.50
11/9/2011 Fee CB To and from courthouse to deliver order and file 0040 $0.00
correction. nlc.
1119/2011 Fee CB Email from Coughlin. 0.10 $22.50
111912011 Fee CB Telephone and emails with client. 0.20 $45.00
11/10/2011 Fee CB Draft and edit letter to Coughlin. 0.30 $61.50
11/10/2011 Fee CB Emails from and to Coughlin. 0.20 $,45 :.t){,)"
11/14/2011 Fee ROB meet w/ client - to & from house; zach gets arrested 2.00 $700.00'
11114/2011 Fee CB Telephone and texts with Merliss. 0.30 $67.50
11115/2011 Fee ROB 11114 - phone w/ MM while at the gym . 0.25 $8750
11/1512011 Fee ROB phone wi WCSD - memo to client - nlc 0.00 $0.00.
4/19/2012 Page 1 .
Richard G. Hill, Ltd. Activity Report
11115/2011 Fee RGH meet wi contractor at river rock - secure the place; 0.80 $280.00
photos of the basement
11116/2011 Fee RGH -- phone w/ client 0.25 $87.50
11117/2011 Fee RGH meetw/CDB- lengthy email 0.66
from and to ZC

11117/2011 Fee CB Meet with RGH 0.50
1111712011 Fee CB Telephone (x2) with Reno Justice Court. Email to 0040 $90.00
client.
11117/2011 Fee CB Begin drafting motion for order to show cause. 0.20 $45.00
11/18/2011 Fee CB Finalize motion for order to show cause. 0.60 $135.00
11118/2011 Fee CB Prepare opposition to motion to release property. 1.00 $225.00
11118/2011 Fee CB Continue preparing opposition to motion to contest 1.50 $337.50
personal property lien.
11/19/2011 Fee RGH 11/18 edit declaration - contempt 0040 $ 140.0Q
11119/2011 Fee RGH 11118 -emails w/ ZC 0.25 $87.50
11120/2011 Fee CB Prepare oppositions to motions to return property, 1.50 $337.50
waive transcript costs. Multiple emails from
Coughlin.
1112112011 Fee CB Finish preparing oppositions to various motions. 2.30 $517.50
11121/2011 Fee RGH phone w/ insurance company 0.25 $87.50
1112112011 Fee RGH to & from house - photos for hearing; interview 0.50 $175.00
witness
11/2112011 Fee RGH haggling - phone & emails w/ zach 0.33 $ 115;9
11/2112011 Fee RGH to & from house X2... nlc 0.00
1112112011 Fee CB Prepare for hearing. To and from River Rock 2.00 $450.00
property to retrieve wallet and client files with RGH.
1112112011 Fee CB Continue to prepare for hearing. Multiple emails 1.50 $337.50
from and to Coughlin. Telephone with court.
11122/2011 Fee CB Emails from Coughlin. 0.10 $22.50
11122/2011 Fee CB To and from courthouse to review files re: motion in 1.50 $337.50
appeal. Additional online file review.
11122/2011 Fee CB Telephone with client. 0.20 $45.00
1112512011 Fee RGH huge emails w/ Zc. .... numerous phone calls, he calls 1.50 $525.00
up pretending to be somebody else ..... .last 4 days
11128/2011 Fee CB Multiple emails from Coughlin over Thanksgiving 0.50 $112.50
weekend.
11128/2011 Fee CB Telephone to court re: redact 33#. Prepare notice of 0.30 $0.00
redaction. nlc.
11129/2011 Fee CB Email from Coughlin. Review lease agreement. 0.20 $45.00
Email to client.
11130/2011 Fee CB Email from Coughlin with attached motion. Email to 0.30 $67.:50
Coughlin.
11/30/2011 Fee CB Telephone with insurance adjuster. Emails to and 0.40 $90.00
from client.
11130/2011 Fee CB Telephone with court re: updated docket. 0.10 $22.50
11130/2011 Fee CB Prepare opposition to group of motions delivered on 2.50 $562.5(}:
Thanksgiving.
12/1/2011 Fee CB Edit and fmalize opposition to bundle of motions, and 1.70 $382.5(}'
declaration of CDB in support thereof, and all
exhibits.
12/212011 Fee CB Review statute. Letter to Coughlin. 0.50 $112.50
12/2/2011 Fee CB Telephone from Phil Stewart. Email to Merliss. 0.40 $90.00,
1212/2011 Fee CB To and from property to meet with insurance guy. No 0.50 $112.50
show.
4/19/2012 Page 2
Richard G. Hill, Ltd.' Activity Report
12/2/2011 Fee CB Revise letter to Zach. 0.20 $4$.00
12/512011 Fee CB Multiple emails over the weekend from Coughlin and 0.30

court. Order from court. Email to client.
. ':';'\\'
12/512011 Fee CB To and from walkthrough with Farmers Insurance. 1.00 $225.0Q
Receive and review more motions from Coughlin.
Email to client.
12/6/2011 Fee CB Telephone from court. Fax from court. Email to 0,80 $180.00
client. Review lease and other documents in
preparation for hearing .
.
12/7/2011 Fee CB Assist in preparation of exhibits and things to be 0.70 $157.50
produced to city attorney.
,
12/8/2011 Fee CB Email from Coughlin. 0.10 $22.5d
12/9/2011 Fee CB Email and fax from Coughlin. Prepare for hearing. 1.50 $337.50
Email to Coughlin.
12/9/2011 Fee CB Emails to and from client.
-
0.40
12/13/2011 Fee CB Multiple emails from and to client. 0.20 $45:i)9'
12/1312011 Fee CB Telephone to Darlene Sharpe. 0.40 $9IQO
, :'1:"/
12113/2011 Fee CB Telephone with Phil Stewart (x2). 0.10 $12.5@)
12/13/2011 Fee CB To and from River Rock property to walk house. 0.60 $135.00
12/13/2011 Fee CB Emails to and from client. 0.30 $67.50
12/13/2011 Fee CB Telephone to Phil Stewart. Instructions to secure 0.10 $22.50'
property.
12/13/2011 Fee CB Review CD to go to DA. Instructions for staff. 0,70 $157.50
12113/2011 Fee CB Telephone with Farmer's Insurance (x2). 0.30 $67.50;
12/13/2011 Fee CB Telephone with RPD. 0.30 $67.50
12/13/2011 Fee CB Email from Coughlin with another emergency motion. 0.20 $45.00
12113/2011 Fee CB Email to client. 0.20 $45.00
12114/2011 Fee CB Meet with Phil Stewart. 0.20 $45.00
12/14/2011 Fee CB Prepare letter to RPD re: recent break-in. Try to file 1.00 $225.00'
online, To and from police station.
12/1412011 Fee CB Email to Coughlin. Email to client. 0.10
12/1412011 Fee CB Emails from and to Darlene Sharpe. 0.20 $45.00
12/1412011 Fee CB Online research re: Coughlin's business license. 0.60
Telephone with business license office. I
12/14/2011 Fee CB Email from Coughlin. 0.10 $".J2.S0f
12/15/2011 Fee CB Multiple emails and huge fax from Coughlin. 0.40 $90.00"
1211512011 Fee CB Meet with Darlene Sharpe. 1.00 $225.00
12/1512011 Fee CB Email from and to client. 0.10 $22.50'
12/15/2011 Fee CB Emails with client. 0.10 $22.50
12/15/2011 Fee CB Telephone with insurance adjuster. 0.10 $22.50
12/15/2011 Fee CB To and from meeting with insurance adjnster. 1.00 $225.00'
12/15/2011 Fee CB Multiple emails from and to Darlene Sharp. 0.60 $135.00'
12116/2011 Fee CB Emails from Sharpe. 0.20 $45.00
12/16/2011 Fee CB Email to insurance adjnster. 0.10 $22.50
12/16/2011 Fee CB Prepare opposition to second motion to contest 1.10 $247.50
12116/2011 Fee CB Telephone (x2) with Phil Stewart. Email to client 0.10 $22.50
12/1812011 Fee CB Prepare reply in support of motion for order to show 1.00 $225.00
cause.
4/19/2012 Page 3
3
1
:"+

Richard G. Hill, Ltd. Activit::
,'otl
12/19/2011 Fee CB Emails and faxes from Coughlin. Emails to and from 0.30 $67.50
client.
12119/2011 Fee CB Edit and fmalize opposition to motion to contest 1.10 $247.50
12/19/2011 Fee CB Edit and fmalize reply in support of motion for order 1.70 $382.50
to show cause.
12119/2011 Fee CB Finalize reply in support ofmotion for order to show 0.60 $135.00
cause. Prepare declaration of CDB. Prepare order to
show cause.
12/19/2011 Fee CB Prepare for hearing, including preparation of 4.00 $900.00
examinations ofRGH, Phil Stewart, Darlene Sharpe.
Includes some legal research.
12/1912011 Fee CB Prepare argument and examination of Coughlin. 1.00 $225.00
12/20/2011 Fee CB Final preparations for hearing. 1.50 $337.50
12/20/2011 Fee CB Attend hearing on personal property lien. 9:30 - 4:00. 6.50 $1,462.50
12/20/2011 Fee CB Telephone with client. 0.10 $22.50
12/2112011 Fee CB Receive and review order from court. Instructions to 0.10
staff.
-
12/22/2011 Fee CB To and from property to video and open for Coughlin. 1.00 $225.00',
Telephone with contractor.
12/22/2011 Fee CB Emails from Coughlin. Further research re: 1.00 $225.00;
jurisdiction issues. Emails to client.
12/23/2011 Fee CB Email from Coughlin. Review supreme court forms 0.30 $67.50'
and instructions re: stay.
12/23/2011 Fee CB To and from property to open it up for Coughlm. 0.30 $67.50:
12/23/2011 Fee SLH Drive by house on way back from post office, about 0.00 $0.00
10:45 am. Tum off Mill, and see a couple of people
are walking across River Rock toward house, carrying
boxes. Zach walks out into street to greet them, then
starts to head back toward the house when he notices
me. He stops in the middle of the street and begins
taping me with the video camera. I try driving around
him, but he moves so he is still blocking me. He gets
out his cellphone and starts photographing or taping
me. I creep a bit closer (about 2' away), but still he
doesn't move. So I backed up, turned around, and
headed back to the office. There was an empty
V-Haul truck parked on Pine. [N/C]
12/23/2011 Fee CB To and from the property for fmal walkthrough. 0.60 $135.00
12/27/2011 Fee CB Multiple emails and faxes from Coughlin. 0.50 $112.50::
12/27/2011 Fee CB More emails from Coughlin. 0.20 $45.00
12/28/2011 Fee CB More emails and motions etc. from Coughlin. 0.50 $112.50:
_.. -......
12/29/2011 Fee CB Emails from Judge Sferrazza. 0.10 $22.50
12/29/2011 Fee CB Email to Coughlin. 0.10 $22.50
12/30/2011 Fee CB Emails and another emergency motion from Coughlin. 0.50 $112.50
12/30/2011 Fee CB Opposition to emergency motion forTRO. 3.60 $810.00
113/2012 Fee CB Multiple emails from Coughlin over the holiday 0.30 $67.50
weekend.
113/2012 Fee CB Edit, revise, and fmalize opposition to emergency 2.50 $562.50 '
motion for TRO.
113/2012 Fee CB Legal research in preparation for drafting motion to
dismiss appeal.
0.50 $112:50

4/19/2012
Page 4
,
11612012 Fee CB Appeal - Receive and review reply from Coughlin. 0.60
Instructions to staff.
-
111112012 Fee CB Receive and review order re: TRO. Meet with RGH 0.50 $112.50
Emails to and from client.
111112012 Fee CB Instructions to staff. Receive and review new filings 0.20 $45.00
by Coughlin in first (premature) appeal, and lawsuit,
and new TPO case against Coughlin .
.
1112/2012 Fee RGH to & from house - meet with contractor - major 0.66 $231.00
filming
1112/2012 Fee RGH to & from transfer station - zach acting up & hassling 0.25 $8l50
contractor
111212012 Fee RGH 3-5:30 + morning - dealing with zach - transfer station 2.00 $700.QO
with the cops; at the house with zach & cops; RIC -
apply for and get TPO (2 trips); back to the house-
deal with the cops; video the house in morning and
late afternoon charge @ 2 hours
1113/2012 Fee CB Email from Coughlin - supplemental reply to motion 0.20 $45.QQ
denied two days ago .
. .
1113/2012 Fee CB To and from house for walkthrough. n/c. 0.40 $0.00:
111312012 Fee CB Telephone from contractor. 0.10 $22.50,
1117/2012 Fee CB Appeal - Prepare motion for order to show cause. 1.30 $292.50
111712012 Fee CB Appeal - receive and review opposition to motion for 0.20 $45.00
attorney's fees (??).
1117/2012 Fee CB Appeal - edit and revise motion for order to show 0.30 $67.50
cause.
111812012 Fee CB Appeal - revise motion for order to show cause. 0.20 $45.00:
111812012 Fee CB Appeal- Prepare declarations ofRGH and Stewart in 1.20 $270.00
support ofmotion for OSC. Prepare proposed order.
.
1119/2012 Fee CB Finalized motion for order to show cause and related 1.60 $360.00'
declarations.
1120/2012 Fee CB Meet with Phil Stewart re: motion for OSC. 0.20 $45.00'
1127/2012 Fee CB Email from Coughlin. 0.10 $22.50'
1130/2012 Fee CB Email to Coughlin. Email to client. 0.10 $22.50
1/30/2012 Fee CB Email to Coughlin. 0.10
$22.50 .
113112012 Fee CB Telephone from Darlene Sharpe. Email to client. 0.20 $45.00
113112012 Fee CB Emails from Sharpe. Email from client. 0.10 $22.50
1/3112012 Fee CB Receive and review new motion from Coughlin. 1.50 $337,50
Legal research and analyze appropriate response to
motion.
; ;l
2/1/2012 Fee CB Appeal - prepare opposition to motion to amend. 1.70 $382.5@
212/2012 Fee CB Appeal - edit opposition to motion to amend. 0.30 $67.50
2/212012 Fee CB Receive and review notice to set. Review rules and 0.20 $45.00
statutes cited in notice - none apply.
4/1912012 Page

Sf
2/3/2012 Fee CB Edit opposition to motion to amend. 0.10 $22.50
2/3/2012 Fee CB Prepare opposition and motion to strike notice to set 0.50 $112.50
hearing.
2/6/2012 Fee CB Appeal- receive and review Coughln's opening brief. 0.30 $67.50
21712012 Fee CB Appeal - Receive and review second opening brief. 1.50 $337.50
Begin drafting answering brief.
21712012 Fee CB Appeal - receive and review motion for extension of 1.00 $225.00
time. Begin drafting opposition and motion to strike.
21712012 Fee CB Email to client. 0.20
2/8/2012 Fee CB Appeal - prepare opposition to motion for extension. 2.00 $450.00
2/8/2012 Fee CB Telephone from court to set asc hearing. Email to 0.20 $45.00
client.
2/912012 Fee CB Appeal revise opposition to motion for extension. 0.50 $112.50
2110/2012 Fee CB 20 page email from Coughlin. Email to client. 0.40 $90.0Q.
2116/2012 Fee CB Appeal - Prepare answering brief. LIO $247.50
211712012 Fee CB Appeal- email from Coughlin. 0.10 $22.50
2/1712012 Fee CB Appeal- legal research and continue to prepare 3.00 $675.00
answering brief.
-
.
2/2112012 Fee CB Continue to prepare answering brief. 3.00 $675.0q
2/22/2012 Fee CB Appeal - Continue to prepare Answering Brief. 6.00 $1,350.00
Includes substantial review and citation to enormous
record on appeal, distillation and analysis of
Coughlin's barely-articulated arguments, and
additional legal research.
2/22/2012 Fee CB Appeal Receive and review supreme court 0.10 $22.59
deficiency notice. Review relevant NRAP.
2/23/2012 Fee CB Appeal- Continue to prepare answering brief. Major 4.80 $1,080.00
editing to reduce to 5 page limit.
2/23/2012 Fee CB Appeal - additional editing ofAnswering Brief. 1.50 $337.50_
2/23/2012 Fee CB Prepare motion for leave to exceed page limit. 0.50 $Il2.50
j
2/24/2012 Fee CB Appeal - Finalize answering brief. 4.10 $922.5Oi
2/2412012 Fee CB Appeal - Finalize motion to exceed page limit. Draft 0.30 $67.50
1
declaration ofCDB.
2/24/2012 Fee CB Appeal - finalize answering brief. 0.50 $112.50
2127/2012 Fee CB Appeal- draft errata to answering brief. nlc. 0.10 $0.00
2/27/2012 Fee CB Email from Coughlin. 0.10 $22.50
2/27/2012 Fee CB Receive and review deficiency statement from court. 0.10 $22.50
Email to client.
3/5/2012 Fee CB Letter from Farmers. Emails to and from client. 0.10 $25.00
3/8/2012 . Fee CB Receive and review 47 page motion from Coughlin. 0.50 $125,00
3/8/2012 Fee CB Receive and review second motion from Coughlin. 0.10 $25.0Q:;
3/8/2012 Fee CB Receive and review order denying Coughlin's motion 0.10 $25.0t[
to proceed IFP on appeal.
3/2112012 Fee CB asc -meet with Stewart. View video online. 1.50 $375.0();.
Prepare for hearing.
"
4/19/2012 Page 6
312212012 Fee CB OSC - prepare for hearing, including testimony, 4.00 $1,OOO.OQ
exhibits, argwnent, and legal research.
3123/2012 Fee CB OSC fmal preparations for OSC hearing. 1.00 $250.00
3/2312012 Fee CB Additional preparation for OSC hearing. 1.50 $375.00
3/23/2012 Fee CB To and from courthouse for OSC hearing. 10:30 - 2.00 $500;00
12:30. ' Ol/t
312612012 Fee CB Prepare for reswnption of OSC hearing. 1.00
3126/2012 Fee CB To and from court for continuation of OSC hearing. 1.00 $250.00
3127/2012 Fee CB Email to Merliss. 0.10 $25.00
3/2712012 Fee CB Telephone from client. 0.20 $50.0Q
4/212012 Fee CB Prepare motion for fees. 3.30 $825.0()
4/2/2012 Fee CB Review memo of costs. 0.20 $50.0Q
4/312012 Fee CB Legal research re: recoverable costs. Edit memo of 2.00 $500.00
costs. Continue to prepare motion for fees.
4/512012 Fee CB Receive and review motion to alter or amend denial 0.40 $100.00
ofIFP. Review relevant pleadings. Email to client.
4/9/2012 Fee CB Receive and review new ftlings (x3) from Coughlin. 0.50 $125.00
4/9/2012 Fee CB Prepare reply to opposition to memo of costs. 2.00 $500.00
4/10/2012 Fee CB Prepare response to opposition to memo of costs. 3.50 $875.00
4/11/2012 Fee CB Edit and fmalize reply to opposition to memo of 0.50 $125.0q:
costs.
4111/2012 Fee CB Edit and revise reply to opposition to memo of costs. 0.50 $125.00
4/1212012 Fee CB Edit, revise, and fmalize reply in support of memo of 3.00 $750.00
costs.

4/1212012 Fee CB Prepare opposition to motion to alter or amend denial 2.00 $500',9P
ofIFP.
Wi'
4/13/2012 Fee CB Prepare opposition to motion to alter or amend order 1.00 $250.00'
denying appeal.
4/16/2012 Fee CB Finish opposition to to motion to alter or amend order 3.30
$825.00,
affrrming swnmary eviction order.
4/1712012 Fee CB Continue to prepare motion for fees. 3.20 $800.00'
4/1812012 Fee CB Major edit and revision of motion for fees, including 4.00 $1,000.00;
extensive review of file and ROA
4/18/2012 Fee CB Finalize opposition to motion to alter or amend order 0.30 $75.00
afftrming eviction.
4/1812012 Fee CB Final edit and revision of motion for fees, including 1.80 $450.00
review and citation to the ROA.
4/1812012 Fee CB Prepare declartion ofRGH. 0.50 $125.00
4/19/2012 Fee CB Finalize motion for fees. 1.00 $250.00,'
4/19/2012 Fee CB Prepare declaration of CDB in support of motion for 0.80 $200.00
fees.
4/19/2012 Page 7
EXHIBIT 4
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EXHIBIT 4
F I L E D
Electronically
04-19-2012:04:14:36 PM
Clerk of the Court
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gr
LAWOFFICE
RICHARD G. HILL
Reno. Nevada 89505
(77 5) 348.ossa
Fax(775) 3480858
CodeNo. 1520
RICHARDG. HILL, ESQ.
StateBarNo. 596
CASEYD.BAKER,ESQ.
StateBarNo. 9504
RICHARDG. HILL,CHARTERED
652ForestStreet
Reno,Nevada89509
(775)348-0888
AttorneyforRespondentMattMerliss
INTHESECONDJUDICIALDISTRICTCOURTOFTHESTATEOFNEVADA
INANDFORTHECOUNTYOFWASHOE
ZACHARYBARKERCOUGHLIN, )
) CaseNo.:CVll-03628
Appellant, )
) Dept.NO.7
v. )
)
MATTMERLISS, )
)
Respondent. )
-------------------------)
DECLARATION OF RICHARD G. HILL, ESQ.
RICHARDG. HILL,ESQ.,beingfirstdulysworn,deposesandunderpenalty
ofperjuryavers:
1. IamaresidentoftheCityof Reno,CountyofWashoe,StateofNevada,
andover18yearsofage. Thisdeclarationisbasedonmypersonalknowledge,exceptthose
mattersstatedoninformationandbelief,andastothoseitemsIbelievethemtobetrue.
This declaration is made in support ofrespondent's Motion for Attorney's Fees, and
representsmytestimonyif calledontopresentsameincourt.
2. IamanattorneydulylicensedassuchbytheStateofNevadatopractice
beforeallcourtsofthisStateandmaintainmyofficeat652ForestStreet,Reno,Nevada.
IamalsolicensedtopracticebeforetheUnitedStatesDistrictCourtfortheDistrictof
III
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lAW OFFICE
RICHARD G. Hill
Reno. Nevada 89505
(775) 348-0888
Fax(775) 348-0858
Nevada, the Ninth Circuit Court of Appeals and the United States Supreme Court. I have
practiced law in Nevada for over 33 years.
3. My office represents the respondent, Dr. Matthew Merliss, in this matter.
4. Although I had substantial personal involvement in this matter, including
many personal interactions with Mr. Coughlin, my associate, Casey D. Baker, Esq., was, and
is, primarily responsible for the handling of this case within our office.
5. Pursuant to our normal office procedures, Mr. Baker and I consult
frequently about his cases. I also sometimes review Mr. Baker's work product before it gets
filed with the court. I do so either at Mr. Baker's request, or on my own volition. I routinely
charge the client for my time spent reviewing and editing Mr. Baker's work.
6. In this case, Mr. Baker and I realized very quickly that Mr. Coughlin's
behavior was unpredictable and erratic, and that this was not going to be a "normal"
summary eviction case. From the very first contact with him, it was clear that Coughlin
intended to cause our client to incur needless fees and costs dealing with his fabrications
and lack of ethics. Since Coughlin had no clients, it was clear he intended to make this
matter the focus of his daily activities. It was also clear that he suffered from profound
emotional and mental problems that manifested themselves in aggressive and calculated
reckless behavior.
7. As a result, I spent more time than I normally would have on this case, both
in consulting with Mr. Baker, and in editing his work; and in dealing with and monitoring
Mr. Coughlin.
8. In fact, in this case, I reviewed, at least once, nearly every paper Mr. Baker
prepared before it was filed. That is not the normal protocol in our office, but was due
solely to Mr. Coughlin's behavior in this litigation, and the fact that his behavior was
unreasonably driving the fees in this case at an alarming rate, as described in the instant
motion.
III
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------------------
LAWOFFICE
RICHARD G. HILL
Reno. Nevada 89505
(775) 348-OB88
Fax(775) 348..()858
9. OutofcompassionforDr.Merliss,Ididnotchargehimforthebulkofthe
vast amountofmytimespentinconsultationwith Mr. Baker, andin editinghiswork
product. NordidIchargefor mostofthetimeI spentdealingwith Mr. Coughlin, the
propertyinquestion, ormy countlessinteractionswiththepoliceandprosecutorsas a
resultofCoughlin's antics, includingstalking me andmy staff. In addition, I felt an
enormousamountofprofessionalembarrassment,thatamemberoftheNevadaBarcould
soreadilyandrecklesslyabusetheprocessesofourcourtssolelyforthesatisfactionof
inflictingharmonothers.Thefeesrequestedarefarbelowtheamountoftime,energyand
focusprovidedbymeandmystaffonthismatter.
10. Ideclareunderpenaltyofperjurythattheforegoingistrueandcorrect.
AFFIRMATION Pursuant to NRS 239B.030
Theundersigneddoesherebyaffirmthattheprecedingdocumentdoesnot
containthesocialsecuritynumberof anyperson.
DATEDthis e ~ d a y ofApril,2012
3
I
CROSSING
(FILED SEAL)
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F I L E D
Electronically
04-18-2012:02:34:58 PM
Clerk of the Court
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5 IN THE SECOND JUDICIAL DISRICT COURT OF THE SATE OF NEVADA
6 IN AND FOR THE COUN1 OF WASHOE
7
8 STATE OF NEVADA,
9 Plaintif, CASE NO.: CR12-0376
10 VS. DEP. NO. 10
11 ZACHARY BARKER COUGHLIN,
12
13
Defendant.
14
LETER FROM LAKE'S REGARDING
COURT ORDERED PSYCHIATRIC EVALUATION UNDER
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~ ~
LOGAN
C O
L

ARMLR
CNFIOLNALl NIb
qmqlq|_
'
Apr 17 2012 3:16PM
LAKE'S CROSSING
688-1909 p. 1
, -
8.
'

FAX TRNSMISSION SHEET

LAT HJJ7JZ1Z
NUMBEROF AGL5'
ME*
(INCLUDING LOVER O1ET]
LOCUMLNT ENT O.
LRY LVL
AXT
AX T
328-3829
337-4873
AX P 325-6703
DOCUMENT SENT HOM` LR. LR. LAV5
PHONE WUMBbR[77] 688-1900 X
SUBJEC OF IUMENTATON1 CACHARY COUGHUN
COMMENTS:
The documents accompanying this telecopy transmiSion contain CONFIDENTIAL INFORAT[QN blonging to the
sender that is legally privileged. The information Is Intended only for the use of the individual or entity listed above.
If you ar nt the intended recipient, you ar hereby notife that any disclosure, copying, distribution, use or taking
any acion reliant onthe contents of this telecopied CONFIDENTIAL INFORMATION is strictly pmhlb|ted (Fed. Reg.
42CFPPar 2). lIyou have recelvedthIste|eOpy |n errOr, please not|( us by hono t arange retm of
the original telecopy transmission.

,;
. .
Apr 17 2012 3:16PM
LAKE'S CROSSING
688-1909 p.2
8rian Sandoval
EflzabethW. Nelghmrs, Ph.D.
Goveror
Dircr
DEPARTMENT OF HEALTH AND HUM SERVICES
DIVISION UMENTAL HEAlTH AND DVELOPMENTAl SERVICES
lE'S CROSSING CENTE FO THE MENTALLY DISODERED OFFENDER
UOUUE|WAY
Sas, N88431-5574
(775) N-lW FAX (75) 19
PpFil J 2012
Biray Dogan, Deputy Public Defender
Washoe County Public Defender's Ofce
P.O. Box 30083
Reno, NV 89520-3083
HL' Zachary Barker Coughrin
Dear PF. Dogan:
The above-named defendant was scheduled for an evaluation of his
competency to prceed wit adjudication on this date. He arr|ved 20
minutes late for his apPointment, and spent another 10 minutes
arguing with security personnel about Lake's Crossing Center's policy
requiring defendants to be searched for contraband prior LD entering
this facit.
Mr. Coughlin refused to cooperate with the evaluation interiew. He
would not answer basic questions about his background or prior
mental health treatment, argued with both examiner about the
necessity of obtaining such inormation, was generally antagonistic,

P<.A
sDEIh.D.

l

LBE S SS LEOEI
Apr 17 2012 3:16PM
LAKE'S CROSSING
BDO LDIEBLEOEO OHE
was IDED E!DOBLEO as I was
Sincerely,
688-1909
O LOE EVBUBOIS with !E@B BCOD. DE 6VBUBLOD
DO OSSO!E LO OEIEOlDC WDELDE OI
HOL DE is CODELEOL without DS paricipation.
p.3
LBKES LIOSSlH Center
LC' JUO@E LEVE Elliott
ZBCD YOUD@, LEUL LlSLICL PLLOlHE
******IMPORTANTNOTICE-READTHISINFORMATION*****
PROOFOFSERVICEOFELECTRONICFILING
A filing has been submitted to the court RE:
Judge:
CR12-0376
STEVENELLIOTT
Official File Stamp:
Clerk Accepted:
Court:
03-30-2012:16:14:49
04-02-2012:08:05:13
SecondJudicialDistrictCourt-StateofNevada
Case Title:
Document(s) Submitted:
Filed By:
STATEVSZACHARYBARKERCOUGHLIN
(D10)
ApplicationforSetting
BIRAYDOGAN,ESQ.
Youmayreviewthisfilingbyclickingonthe
followinglinktotakeyoutoyourcases.
Thisnoticewasautomaticallygeneratedbythecourtsauto-notificationsystem.
Ifserviceisnotrequiredforthisdocument(e.g.,Minutes),pleasedisregardthebelowlanguage.
The following people were served electronically:
PATRICIAHALSTEAD,ESQ.forSTATEOF
NEVADA
ROYSTRALLA,ESQ.forSTATEOFNEVADA
BIRAYDOGAN,ESQ.forZACHARYCOUGHLIN
CHRISFORTIER,ESQ.forZACHARY
COUGHLIN
DIV.OFPAROLE&PROBATION
ZACHYOUNG,ESQ.forSTATEOFNEVADA
The following people have not been served electronically and must be served by traditional
means (see Nevada electronic filing rules):
dismisse
Dated: f
=<><
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= x
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23
F I LED W*^
=o[ CODE 2841
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= IN THE FAMilY DIVISION
= 32
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q*<. OF THE SECOND JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA
m o
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=
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Q i:(
m*.. ' IN AND FOR THE COUNTY OF WASHOE
q*U_
7
8
CARlY COUGHLIN
9
Applicant,
Case No. FV1201012
vs.
10
Dept. No. DM1
ZACHARY COUGHLIN
II
Adverse Party.
12
I
13
ORDER DISMISSING APPLICATION FOR ORDER OF PROTECTION
14
An Application for Temporary Order of Protection Against Domestic Violence having been filed in
15
the instant matter and it appearing to the satisfaction of the Court that an Order should not issue for the
16
following reason(s):
17
o The parties are not related to each other as required by N.R.S. 33.018;
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! Applicant has not been subjected to acts of domestic violence as outlined in N.R.S. 33.010; in
1
9
Nevada.
o Applicant failed to complete the process by not returning for the interview with the Court Master.
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o Other:
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GOOD CAUSE APPEARING, the Application for Order of Protection Against Domestic Violence
22
is hereby
24
25 COURT MASTER
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ObjectlOns/Appeals are govered by WDCR 24 & 32. You have ten (10) days for receipt of this Recomendation
and ORDER within which to file an objecton or an appeal to the Distict Court.
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TOGETHER:

(c)
F I L E D
Electronically
03-28-2012:03:43:59 PM
Clerk of the Court
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Code: 1255 Transaction # 2854628
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6 IN THE FAMILY DIVISION
7 OF THE SECOND JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA
8 IN AND FOR THE COUNT OF WASHOE
9
Applicant, Case No.
11
Dept No.
12 vs.
13
Adverse Party.
14
APPLICATION FOR A TEMPORARY AND/OR EXTENDED ORDER FOR PROTECTION AGAINST
DOMESTIC VIOLENCE
16
Please write or print clearly. Use black or dark blue ink.
Complete this Application to the best of your knowledge.
19
Applicant states the following facts under penalty of perjury:
l. Applicant's Date of Birth: Adverse Party's Date ofBir
Relationship: 1 am the (for example, wife, ex-husband, girlfriend, father,
21
sister, etc.) of the Adverse Party.
22
(a) Length of relationship: r
23
(b) Have you ever lived together? Yes yNo _If so, how long? /z
Yes _ No _ Are you living together now?
Date of Separation: (d)
26 (e) We have child(ren)
27
these child(ren) living?
YesD or No _If yes, where and with whom are
2. My address is: r CONFIDENTIAL. (If confidential, do not write address here)
_ If address is not confidential, write below:
Addres
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Cit
y _____@
State
Z
ip Code
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_______
Cit
y ______
State
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ip Code
@_@
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CONFIDENTIAL.
Name of employer
_______@__
City
~.~.~.@
Nan1e of employer
____@__________ _
City
@______
Nan1e of employer _=____=_=_
City
=___
is ( I
I.
Par's
City
____=_@
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2 I Down D rent this residence. Lease/title is held in all the following name(s):
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How long have you been living in this residence?
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3. Adverse Party's address is:
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Address
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8 How long has the Adverse Party been living in this residence?
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4. My place of employment is (If confdential, do not write address here)
D If not confidential, state place( s) of employment:
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Address: Phone
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County State
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Address: Phone
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County State
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Address: Phone
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County State
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5. Adverse emp 1 0yer is
1 ej .
Address: Phone
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County State
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23 6. (a) The name(s) and date(s) of birth of the minor child(ren) of whom I am the parent, appointed
24
guardian, or who live in my home, are as follows:
NAME (first and last) DATE APPLICANT'S ADVERSE WHO
OF CHILD (Y eslN 0) PARTY'S CHILD
BIRTH CHILD (Y eslN 0) LIVES
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WITH
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1. CliVi |lfIi'I
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2. No No
3.
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Yes No ,
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By what Court?
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Yes _No _ Yes _
N
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No _
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NAME (first and last) DATE APPLICANT'S ADVERSE WHO
OF CHILD (Y esl 0) PARTY'S CHILD
2
BIRTH CHILD (Y eslN 0) LIVES
WITH
3
Circle Circle
4 Yes
Circle one Circle one
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4.
Circle one
Yes _
Circle one
Yes _ 7 5.
Circle one
Yes _ 6.
Circle one
Yes
_
(b) Have you or the Adverse Party ever been awarded custody/guardianship of the minor
11
child(ren) by Court Order? _Yes _No
12
Who was awarded custody/guardianship? _Applicant _Adverse Party
13
14 Court Case No. (if known)
7. Please check the appropriate box, IF YOU or the ADVERSE PARTY have ever filed a case in
16
any court for a _Divorce,_Custody, _Paterity, _Child Support, _Guardianship,
17
_Order for Protection Against Domestic Violence, or _Stalking/Harassment Order. Please
18
indicate when and where the case(s) was filed, and list the case number(s) if known.
19
21
8. (a) Has CHILD PROTECTIVE SERVICES (CPS) ever been contacted regarding any member of
22
the household in the past year? _Yes _N0
23
(b) Is CPS currently involved with your family? _Yes _No
24
If yes, give details, including the caseworker's name:
26
27
28
3
approximate
Dn jt:z z; '" Cov'li" _soc _
_ IfS|gc o--.~ Rg
^| W>
|.
,, +
II y[ ||, {:_ vs;_
g\ _; j _--
13
14
25
;m.c + ^> Y^' ^l\ w5 (!cJ
1
9. (a) Does the Adverse Party possess a firearm, or does the Adverse Party have a firearm under his
2 or her custody or control? _ Yes yNo _I don't know
3
(b) Has the Adverse Party ever threatened, harassed, or injured you, the minor child(ren), or
anyone else with a firearm or any other weapon? _ Yes No _I don't know
4
If yes, give details:
5
6
7
8
10. (a) _ I have been or reasonably believe I will become a victim of domestic violence committed
9
10
by the Adverse Party.
11
(b) yThe child(ren) have been or are in danger of becoming a victim of domestic violence
12
committed by the Adverse Party.
: In the following space, state the facts that support your Application. Be as specifc as you can,
'starting with the most recent incident. Include the dates and locations, and whether
law enforcement or medical personnel have been involved.
15
THIS APPLICATION IS A PUBLIC RCOR
16
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18
01 L
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23:
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at/
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( r
+ wtW
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PLEASE DO NOT WRTE ON THE BACKS OF ANY PAGES.
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1
II. Have YOU ever been arrested or charged with domestic violence, or any other crime committed
2 against your spouse, partner, or child(ren)? D YesNo
3
If yes, WHEN and where?
4
6
12. To your knowledge, has the ADVERSE PARTY ever been arrested or charged with domestic
7
violence, or any other crime committed against his/her spouse, partner, or child(ren)?
8 DYes D No _don't know If yes, WHEN and where?
9
11
12
13. An emergency exists, and I need a TEMPORARY ORDER FOR PROTECTION AGAINST
13
DOMESTIC VIOLENCE issued immediately, without notice to the Adverse Party, to avoid
14 irreparable injury or harm. I request that it include the following relief, and any other relief the
Court deems necessary in an emergency situation. (Please check all the choice(s) that may apply
to YOU):
16
_(A) Prohibit the Adverse Party, either directly or through an agent, from threatening,
physically injuring, or harassing me andlor the minor child(ren).
18
(B) Prohibit the Adverse Party from any contact with me whatsoever.
19
y(C) Exclude the Adverse Party from my residence and order the Adverse Party to stay at
least 100 yards away from my residence.
21 o (D) Obtain law enforcement assistance to 0 accompany me to the following residence,
or
22
o to accompany the Adverse Party to the following residence,
23
24
to obtain personal property.
o (E) Grant temporary custody of the minor child(ren) to me.
26
o (F) Order that custody, visitation, and support of the minor child(ren) remain as ordered in
27 the Decree of Divorce/Order entered in Case Number in the
Court of the State of
28
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aCONFIDENTIAL
g_@_@=g_@_@_@__
City County State

_
@_@_@__@_@_=_g_
City County State

g

@@__g_g@g=g=g@g
City County State
( l ) Name _~ [,
(2) N ame
m lv '- ': i
_tc
[|ot 'it 's "
A
9
11
(1) Name of school or day care
(G) Order the Adverse Party to stay at least 100 yards away from the minor child(ren)'s
2 school(s), or day care(s), located
3
(If confidential, do not write name of a school/day care and address here.)
o If NOT confidential, write name of school(s)lday care(s) and addressees) below:
4
6
Address
7
8
Address
12
13
Address
14
(H) Order the Adverse Party to stay at least 100 yards away from my place(s) of
16
employment.
17
(I) Order the Adverse Party to stay at least 100 yards away from the following places,
18
which I or the minor child(ren) frequent regularly:
19
21 City County State I v
22
23
24
City State JV
26
(3)Name
27
City Rno County "asf( State
7
28
e_
1
(J) D ( 1) Prohibit the Adverse Party, either directly or through an agent, from physicaIly
2
injuring or threatening to injure any animal that is owned or kept by the Adverse Party, the
3
minor child(ren), or me.
4
D (2) Prohibit the Adverse Party, either directly or through an agent, from taking
5
possession of any animal owned or kept by me or the minor child(ren).
6
(K) I further request the following other conditions:
7
: ({. MU ' . r i. 1
8
9
10
11
12
13
e 1', i1
14
IF YOU WISH TO APPLY FOR A HEARING FOR AN EXTENDED ORDER
15 FOR PROTECTION COMPLETE THE FOLLOWING INFORMATION
16
17
14. aI request the Court hold a hearing for an EXTENDED ORDER FOR PROTECTION
18
AGAINST DOMESTIC VIOLENCE (which could be in effect for up to one year), and at that
hearing the Court issue an Extended Order for Protection Against Domestic Violence and that it
19
include the following relief and any other relief the Court deems appropriate.
20
(Please check all the choice(s) that may apply to YOU).
21
j(A) Prohibit the Adverse Party, either directly or through an agent, fi'om threatening,
22
physically injuring, or harassing me andor the minor child(ren).
23 (B) Prohibit the Adverse Party from any contact with me whatsoever.
(C) Exclude the Adverse Party from my residence and order the Adverse Party to stay at
24
least 100 yards away from my residence.
25
D (D) Grant temporary custody of the minor child(ren) to me.
26
D (E) Grant the Adverse Party visitation with the minor child(ren).
27
D (F) Order the Adverse Party to pay support and maintenance of the minor child(ren). (You
28
may be required to file an Affdavit of Financial Condition prior to the hearing).
8
5
10
15
20
25

CONFIDENTIAL
______________
______________
City County State

_
________________
JCONFIDENTIAL
_______g_g____g _
City County State

___
11
14
3) Name of school or day care
( 1) Name ofEmployer
1
D (G) Order the Adverse Party to pay the rent or make payments on a mortgage or pay
2 towards my support and maintenance.
D (H) Order that custody, visitation, and support of the minor child(ren) remain as ordered in
3
the Decree of Divorce/Order entered in Case Number in the
. 4
Court of the State of
(I) Order the Adverse Party to stay at least 100 yards away from the minor child(ren)'s
6
school, or day care, located at:
7
(If confidential, do not write name of school and address here).
8 D If address is not confidential, please write name of school or day care and address( es)
below:
9
Address:
12
City County State
13
Address
16
17
18
Address
19
City County State
21 y(1) Order the Adverse Party to stay at least 100 yards away from my place of
22
employment.
If address is not confidential, please write name of employer and address( es) below:
23
Address:
26
27
28
9
24
___________
___
____
Address
___=.=.=___=.==.
City County State
&___
=________________._
City County State

_
=

__.....a.a.

City County
State
_
__
_.___.______.._.._.
City County State

&=_=
i5
25
1
(2
)
Name of Employer
2
3
4
(3) Name of Employer
:5 .'
Address
6
7
8 (K) Order the Adverse Party to stay at least 100 yards away from the following places,
which I or the minor child(ren) frequent regularly:
9
10
11
12
13
14
(
2)
Name
Address
16
17
(3) Name
18
Address
19
20
21
D (L) ( 1) Dprohibit the Adverse Party, either directly or through a agent, from physically
22
injuring or threatening to injure any animal that is owned or kept by the Adverse Party,
23
the minor child(ren), or me.
24
(2) D Prohibit the Adverse Party, either directly or through an agent, from taking
possession of any animal owned or kept by me or the minor child(ren).
26
(3) D I request the Court to specif the arrangements for the possession and care of any
27
animal owned or kept by the Adverse Pmiy, the minor child(ren), or me.
28
10
5
10
15
20
25
.
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APPLICATION
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r (M) Order the Adverse Party to pay for lost earings and expenses incurred as a result of
my attendance at any hearing concering this Application.
I () I frther request the following other conditions:
l-
e \S
Y- -
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q. - is M
Yb f Vi I
- i 1 C l V do M q; D emt ON t
is n.o+
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11
12
13
14
I DECLARE UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE
STATE OF NEVADA THAT I HAVE READ THE STATEMENTS CONTAINED IN
16
THIS KNOW THE CONTENTS AND BELIEVE THEM
TO BE TRUE AND CORRECT
17
18
Dated: : -
19
Signature Applicant
21
22
A {,Oy
23
24
27
28
11
rpd sargent sifre loses Z coughlin's dog Jackson is gone voicemail from (775) 762-155 at !"27 #$
Zach %oughlin (&achcoughlin'hotmail(com) )*2*12
+o" renopd'coplogic(com, schult&t'cit-ofreno(com, kadlic.'reno(gov, renodirect'reno(gov,
cit-clerk'reno(gov, nvrenopd'coplogic(com, the/&'reno(gov, sifrep'reno(gov, ed'npri(org,
mar-0ark0ark'-ahoo(com, geofgiles'hotmail(com, carcoughster'gmail(com,
carl-(coughlincrc'gmail(com, melissa(l(ulloa'gmail(com, lori/'nv0ar(org
1utlook 2ctive 3ie/
4eno #olice 5epartment 6argent #aul 6ifre arrests 4eno 2ttorne- for misuse of 11
5ear %it- of 4eno 2nimal %ontrol, 6#%2, and 4eno #olice 5epartment, and 4eno %it- 2ttorne-'s
1ffice,

#lease help me find m- dog, and please place a cop- of this complaint in 4#5 6argent #aul 6ifre's
emplo-ment*personnel file( 2lso, dear cit- clerk, i /ould like a date to dispute all parking tickets or
traffic citations outstanding and 7 0elieve the parking ticket from 1*12*12 shoudl 0e rescinded given it
occured /hile i /as in custod- on the .a-/alking arrest 0- 4#5 6argent 6ifre, the one /ho .ust lost m-
dog, and /ho also arrested me for misues of 11 incident to a 1*1!*12 /herein i called to report further
domestic violence against me, including the m-sterious disappearance of m- dog and /here 6ifre made
sarcastic statements a0out me and m- dog(
t" Z coughlin's dog Jackson is gone8/d" 9e/ voicemail from (775) 762-155 at !"27 #$
7 received a call from someone claiming the found Jackson, 0ut that the- then took off his
collar*harness /hich had his dog tag on it /hich had m- phone num0er engraved in it 775 )): :11:(
+his )(5 -ear old #ekingnese has a micro chip identifier em0edded in it( #lease help me find him(

m- dog Jackson /as adopted from the spca /ith an adoption id of 1)1!2(
his microchip num0er of ;22261)1; /ith the dhpp of )*1;*11 and 00 of )*1;*11 he has all his
vaccinations and is a cream colored pekingnese /hose collar*harness /as removed 0- the people /ho
found them /hose phone num0er is included herein
7+he /a- the 4eno #5 treated the 11 call of )*27*12 and allo/ed m- dog, Jackson, to escape is
reminiscent of the 4#5 approach to situations /here 4ichard <( =ill, >s?( makes a report of some
criminal violation, in comparision to /hen someone reports a criminal violation 0- 4ichard <( =ill,
>s?( 6ome might sa- /hen =ill's files a report or signs a criminal complaint, the 4#5 treats it as a
@violation fo criminal la/, a police matter@, 0ut that /hen an-one points out =ill's attempts at eAtortion,
0ri0er-, a0use of process, larcen-, /ithholding one's state issued identification, per.ur-, etc(, etc(, the
4#5 simpl- /ashes their hands clean of the complainants re?uest, indicating, @sorr-, 0udd-, that's a
civil matter, -our remed- is /ith the courts(((@( 6o, /hen =ill /ants a +emporar- #rotection 1rder
against Zach %oughlin, 0ecause, gosh darn it, %oughlin is fimliming and collectding evidence of the
personal propert- that =ill's contractor, #hil 6te/art's cre/ is thro/ing a/a- from %oughlin's former
home la/ office, in anticipation of a /rongful eviction la/suit against =ill and his Beverl- =ill's =igh
6chool graduate %alifornia 9eurosurgeon landlord client, $att $erliss (no/ on appeal in %311-;)62:,
/herein Judge 8lanagan of 5epartment 7 recentl- denied one of =ill's @?uadruple .eopard-@ cheap
shots at %oughlin, 0- den-ing =ill's $otion for 1rder to 6ho/ %ause (no/ that .ust leaves the 0aseless
6tate Bar of 9evada grievance =ill filed on 0ehalf of individuals /hom are not even his clients,
/herein he cites unattri0uted hearsa- and for /hich he failed to attach an actual signature thereto, and
/hich consists chiefl- of innuendo and complaining that %oughlin dared to actuall- re?uest a fee
1*5
/aiver from the 5istrict %ourt to file a complaint, despite doing so 0eing an accepta0le practice as set
forth in statute in 946 12(;15)( 6o, /here %oughlins peacefull- filming on a side/alk, the 4#5
doesn't tell 4ichard =ill, >s?( that @its a civil matter, sorr- -our remed- is /ith the courts@, 0ut rather,
6argent #aul 6ifre orders a -oung trainee , 1fficer Ceed-, to /alk up to %oughlin unprovoked, gra0 the
video camera out of his hand prior to making an- sort of attempt to engage %oughlin or other/ise
eAplain /h- the 4#5 /ould 0e, in a matter of t/o seconds, appl-ing eAcessive force to %oughlin's 0ent
0ack /rists and o0structing .ustice 0- turning off his video camera despite %oughlin's eApress
insistance that 6argent #aul 6ifre refrain from doing so(

7ncidentall-, the 4#5 6argent /hom charged me /ith the @misuse of 11@ gross misdemeanor that 7 am
currentl- facing, plagued /tih the representation of one Bira- 5ogan in, actuall- managed to lose m-
dog on )*27*12, /hen 6argent 6ifre /as responding to a true instance of misuse of 11, /here Zach
%oughlin's @sister@ %arl- 9oel %oughlin, called 11 to report that $r( %oughlin had arrived at %arl-'s
house, /here she had invited him to drop of his pekingnese dog, Jackson #a/luck, if he ever /anted
$s( %oughlin's @friend@ to /atch Jackson again( $s( %oughlin indicated that @the peopel /ho /atched
him last time cried /hen 7 /ent to go get him, so 7 don't reall- /anna do this again@ despite her earlier
indication that she /ould( $s( %oughlin, gre/ anno-ed /ith $r( %oughlin's re?uest and renegged on
her offer to transport the dog to the disa0led /oman to /hom it 0rought so much .o-, and her daughter(
$r( %oughlin /alked 0ack to his car /ith his dog to leave, 0ut his car /as apparentl- to lo/ on gas to
start( $s( %oughlin continued to regale $r( %oughlin /ith her h-pocritical, saturnine approach to
human relations (this despite her /orking in the mental health care field, apparentl-, and perhaps, most
trou0ling)( $s( %oughlin threatened to call 11 if $r( %oughlin did not leave immediatel-, $r(
%oughlin said he /ould, asked /hat on earth she /ould 0e calling 11 a0out, and promptl- attempted
to start his car to leave( 7t /ould not, and $s( %oughlin drove off( $r( %oughlin, kno/ing full /ell that
his sister /ould in fact 0e calling 11, and that she /as /ell a/are of $r( %oughlin's recent trials and
tri0ulations /ith local la/ enforcement in light of $r( %oughlin's a0errant 0elief that people in this
count- actuall- do have rights and that /e do not live in a police state), and that she, in fact, sought to
further cause $r( %oughlin discord /ith la/ enforcement, somethign /hich should /ould, of course,
later @remiA@ as her @concern@ for his @/elfare@( 6argent 6ifre, /hom for some reason /as assigned to
ans/er this call 0- the 4#5, echoed these sentiments to $r( %oughlin and provided his professional
opinion that $s( %oughlin did @care so ver- deepl-@ a0out $r( %oughlin( 2pparentl-, this profound
concern /as also eAhi0ited in $s( %oughlin calling 11 a second time the night of )*27*12 /hen $r(
%oughlin returned some t/o hours laters to his vehicle, parked on Deele 6t(, on a pu0lic street, /ith a
gas can /ith half a gallon of gas, intending to place it in his care and drive of, hopefull- 0efore, once
again, 0eing a0used 0- local la/ enforcement, like 6argnet 6ifre, /hom /as laughing on 1*1!*12 /hen
he arrested %oughlin and charged him /ith a gross misdemeanor, @misuse of 11@( $s( %oughlin of
course sought to have $r( %oughlin arrested for nothing and to further involve $r( %oughlin /ith local
la/ enforcement, though that pro0a0l- has nothing to do /ith her various 0itter statements over the
-ears a0out ho/ 7t has not 0een found and ma- /ell 0e dead given the proAimit- of traffic and the
dog's ineAperience in dealing /ith it( =o/ 6argent 6ifre could possi0l- lecture $r( %oughlin for over
an hour, perhaps causing %oughlin to miss an electronic filing deadline in an important legal matter is
unclear, particularl- /here 6argent 6ifre admitted to %oughlin that $s( %oughlin admitted $r(
%oughlin did not touch her, harm her, or threaten her in an- /a-( =o/ it is that $s( %oughlin is not
guilt- of @misuse of 11@ /hereas $r( %oughlin /as su0.ect to a custodial arrest for the ver- same
charge, 0- the ver- same 4#5 6argent, #aul 6ifre, is .ust not ver- clear( (( 2n-/a-s, 6argent #aul 6ifre
had to admit to Zach %oughlin, on )*27*12, that he and his 4#5 associate had allo/ed $r( %oughlin's
dog Jackson, to escape from $s( %oughlins unlocked residence, /here $r( %oughlin had placed the
2*5
dog immediatel- 0efore attempting to go /alk to a gas station and get gas, given $r( %oughlin's
reasona0le 0elieve that if he left his dog in his parked car, outside $s( %oughlin's house, he /ould 0e
arrested 0- the 4#5 for @dog endangerment or neglect or animal cruelt-@((((2ma&ingl-, even after
letting $r( %oughlin's dog escape from $s( %oughlin's house, and perhaps 0e hit 0- a car, 6argent 6ifre
still sa/ fit to lecture $r( %oughlin and point out the 0enevolence of the police state 6argent 6ifre and
those like him currentl- have in place in Eashoe %ount- and the %it- of 4eno( But, 4#5 6argent 6ifre
/as sure to point out to attorne- %oughlin ho/ ver- profoundl- deep 5r( %oughlin and %arl- 9(
%oughlin's concern /as for attorne- %oughlin( =o/ever, their concern is apparentl- not so significant
as to allo/, sa-, attorne- to store a plastic gar0age 0ag full of eApensive suits under 5r( %oughlin's
%aughlin 4anch home, /hich has 5 empt- 0edrooms and a @mudroom@ the si&e of an aircraft hanger
under the home for storing things( 2fter the 0ag of suits 0eing 0eneath 5r( %oughlin's home for
approAimatel- a /eek the- out/ore their /elcome, prompting 5r( %oughlin and his /ife, $onica
$orelli %oughlin to in?uire as to /hen attorne- %oughlin might 0e a0le to remove such 0ag from the
@mudroom@ underneath their home, /hich, again, has 5 empt- 0edrooms( 5r( %oughlin previousl-
telephone the 5ean of the F9C3 Bo-d 6chool of la/ to defame his son, /hereupon 5ean 4ichard
$organ, ever the risk minimi&er middle managing, 0usiness attorne-, cutthroat, educator that is he,
promptl- called up the 6tate Bar to report as much( 2nd /ould %arl- 9oel %oughlin 0e alright /ith
allo/ing her 0rother, attorne- %oughlin to store, sa-, a guitar or a 0oA of papers at her home for a little
/hileG 1f course she /ouldn't( +hough, $iss %arl- sure /ill put on a sho/ of @concern@ for 6argent
6ifre /hen he sho/s up, t/ice(((((1h, 0ut ho/ ver- much the- /ant to @help@( Just onl- /ith
ps-cho0a00le and fauA concern and self serving po/er hungr-, manipulative ego trips, rather than an-
discerni0le, tangi0le 0enefit to the tasks at hand( 5r( %oughlin is 4eno %it- 2ttorne- John Dadlic's
personal ph-sician, and Dadlic is godfather to the daugther 5r( %oughlin had /ith $onica $orelli
%oughlin, of $orelli v( $orelli fame"
http"**///(leagle(com*Aml4esult(aspAG
AmldocH1:61!2!72;#2d7;!I11!1(AmlJdoc0aseH%6CE242-1:6-2;;6
7n $orelli v( $orelli, 9evada's first 7talian 9eurosurgeon /as sued 0- his no/ attorne- 1: -ear old
daugther for the cost of her college and la/ school tuition, /hich /as eApressl- set forth as a
stipulation in the marital settlement agreement in that matter( +he daughter /as a/arded the tution and
father and daughter never spoke again during 5r( $orelli's lifetime, some 2; more -ears(
7ronicall-, the @misuse of 11@ charged stemmed from m- calling a0out the m-sterious and menacing
disappearance of m- dog (/hom 7 appeared /ith in the 5ecem0er 2;12 issue of the 9evada Ca/-er),
/hich occured in the conteAt of a continuous 0arrage of domestic violence to /hich 7 /as eAposed,
thorugh the first siA /eeks of 2;12, 0- the actions of m- then housemates, and for /hich 7 attempted to
o0tain protection or .ustice from 0- contacting the 4#5, including 6argent Zach +he/ (allegedl-, 7 /as
arrested /hile allegedl- attempting to contact 6argent +he/, in accordance /ith 6argent +he/'s
eApress instructions that 7 do so
http"**///(-outu0e(com*/atchGvHoF)tIk44;42
)*5
((((/hich Bira- 5ogan kno/s, 0ut for /hich $r( 5ogan has refused to file an- $otion to 5ismiss or
other action on m- 0ehalf, rather, $r( 5ogan seeks to retaliate against me and to em0arass me /ith -et
another retaliator- @competenc-@ evaluation, despite the fact that 7 passed, /ith fl-ing colors, the one
administered 0- Ci00- =ei.ne after 5eput- Eashoe %ount- #u0lic 5efendenr %ar- =-lin ordered one
(su0se?uent filings 0- the E%#5 indicated that a @hearing@ took place /herein such an evaluation /as
re?uested 0- =-lin and orderd 0- Judge Jack 6chroeder, -et no such @hearing@ took place)K
4#5 6argent 6ifre (/hom actuall- makes more mone- through his pu0lic emplo-ment than most
5istrict %ourt Judges) arrested me another time, making it t/ice in t/o da-s, on Januar- 12th, 2;12 for
@.a-/alking, then he o0structed .ustice 0- turning off m- video camera /hile 4#5 1fficer Cook and
1fficer Ceed- /ere using eAcessive force (completel- out of the 0lue and /ith &ero .ustification for
doing so, as evinced 0- the video itself) on me(
http"**///(-outu0e(com*/atchGvHgBu&fl<2C>JfeatureHrelated
5eput- 5istrict 2ttorne- Zach 9ifong, er, Zach Loung, >s?(, has 0een eAtremel- resistant to an- sort of
plea 0argaining in either case, as he has 0een in the matter for /hich 5eput- #u0lic 5efender Joe
<oodnight, >s?( is @representing@ me as m- @attorne-@( +hat matter 4%4 also included police
misconduct 0- the 4eno #olice 5epartment, 0- 1fficers 4on 4osa and 9ick 5uralde( Ehere /ould
4eno attorne- Zach %oughlin, >s?( 0e if there /as not video tape of all of this police misconductG
http"**///(-outu0e(com*/atchGvH5#47?!1750;JfeatureHrelated
5espite having this video, 52 Zach Loung retaliated against %oughlin for %oughlin's filing a 94%# 11
$otion against 0oth <oodnight and Loung 0- amending the criminal complaint to overcharge some
more( 9o, rather 52 Zach Loung and the 4#5 see the /itness tampering and attempts to dissuade
9icole Eatson from offering an- insight into the /rongful arrest of :*2;*12 0- 9icholas 5uradle as @a
civil matter@, not a @criminal one@( =eck, the 4#5 doesn't even see 0atter-, assault, aggravated assault,
or domestic violence as @criminal in nature@ /hen these things happen to pesk- 8irst 2mendment
attorne- Zachar- Barker %oughlin, >s?(, (((no, rather, those are matters of a @civil nature@ and
%oughlin's @remed- is /ith the court's@, so sa-eth 4#5 1fficer 6tace- <ardner, 6argent $onica Cope&,
1fficer $c?uattr-, 1fficer Cook and Ceed- and 5elvecchio, 1fficer Earren, etc(, etc(,
7ncidentall-, it /ould 0e helpful if an entit- like Eashoe Cegal 6ervices took an aggresive approach to
advocating on 0ehalf of tenants'(((((Eashoe Cegal 6ervices >Aecutive 5irector #aul >lcano has
reportedl- call 5r( %oughlin in an attempt to influence attorne- %oughlin to close the case %oughlin
has against EC6 for /rongful termination(
!*5
7ts a good thing 9evada has so man- 0rave 8irst 2mendment attorne-'s like J$ 5evo- and his
associate $arc 4anda&&a, neither of /hom have an- association /ith $r( %oughlin( 7, $r( %oughlin
am a/are that it is slightl- a/k/ard to /rite this s/itching 0et/een the first and third person, ho/ever,
the eAigencies and economics of solo la/ practice /ere at plain doing so(
2t least there isn't much of a societal cost to the legall- ?uestiona0le manner in /hich evictions are
decided and carried out in Eashoe %ount-"
http"**///(-outu0e(com*/atchGvHss>;8E=89>L
http"**///(-outu0e(com*/atchGvHD.<2a>.slr!
Zach %oughlin, >s?(, #1 B1M 6;52, 4>91, 93, :5;6, tel" 775 )): :11:, faA" ! 667 7!;2K
Zach%oughlin'hotmail(com 9evada Bar 9o" !7)

5ate" +hu, 2 $ar 2;12 1:"2"1: -;7;;
6u0.ect" Z coughlin's dog Jackson is gone8/d" 9e/ voicemail from (775) 762-155 at !"27 #$
+o"

---------- 8or/arded message ----------
8rom" <oogle 3oice Nvoice-norepl-'google(comO
5ate" +hu, $ar 2, 2;12 at !")1 #$
6u0.ect" 9e/ voicemail from (775) 762-155 at !"27 #$
3oicemail from" (775) 762-155 at !"27 #$
+ranscript not availa0le
#la- message
5*5
please note my new address, SOLACE PROGRAM REQUEST?
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Reply ?
#a$% Co&'%l(n
To )do'an*was%oe$o&nty+&s, rw%omes*was%oe$o&nty+&s, ,)osler*was%oe$o&nty+&s,
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2"@"2@3 342< 3<<<"2 3<<<"2 all ema(ls 0rom Patr($. K(n' =ar Co&nsel Ge/ada
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2"@"2@3 342< ""E283" ""E283" Co&'%l(n wLeJ%()(tsL23"E" 3 "E " Letter 0rom =ar
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2"@"2@3 342< "<1<81 "<1<81 CR""@2E8@E<E2I8 5Oppos(t(on to Mtn +++6+pd0
2"@"2@3 342< "1<8 "1<8 CR""@2E8@E!8<I 5S&pplemental +++6+pd0
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2"@"2@3 342< E!3<3 E!3<3 C;""@23E! Co&'%l(n / Merl(ss 3 E 2" R($%ard G+ :(lMs
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Fear Fep&ty 7as%oe Co&nty P&)l($ Fe0ender =(ray Fo'an, EsN+, et al,
M&st C &se La.eMs Cross(n' 0or t%(s se$ond $ompeten$y e/al&at(on? Fo yo& %a/e some sort o0 0(nan$(al
arran'ment w(t% La.eMs Cross(n'? Please pro/(de a wr(tten answer as to w%om else C may &t(l(-e 0or
s&$% an e/al&at(on and t%e reN&(rements, $ert(0($at(ons, or standards, w%($% t%ey m&st meet (n order to
)e el('()el to per0orm s&$% an e/al&at(on+ Gonet%eless, C %a/e yet to re$e(/e anyt%(n' 0rom La.eMs
Cross(n', )&t C w(ll $all t%em now and $opy t%em on t%(s ema(l (n an attempt to $omply w(t% t%e
e/al&at(on reN&(rement+ Ms+ :e,ny o0 La.es Cross(n', C was a)le to $%e$. my /o($e ma(ls desp(te
0ormer pr(son warden or adm(n(strator RMC D&d'e Gas% :olmes s&mmar(ly se(-(n' my, an attorneyMs,
$ell&lar and smartp%one (n $o&rt on /</", and st(ll re0&s(n' to release t%em, desp(te :er :onor 0(l(n'
a 'r(e/an$e a'a(nst Co&'%l(n w(t% t%e State =ar o0 Ge/ada t%at ne'le$ts to ment(on t%at se(-&re at
all++++nonet%eless, a d(00($&lt to d(s$ern messa'e so&nd l(.e (t was 0rom a Fr+ =rown w(t% La.es
Cross(n'+++Ms+ :e,ny, wo&ld yo& 0orward t%(s on to %(m w(t% a messa'e t%at C am try(n' to meet %(m
and $omply w(t% all s$%ed&l(n' reN&(rements (mposed &pon me?
Please $opy me /(a ema(l and 0aJ on my ent(re 0(le+ T%e domest($ /(olen$e atta$.s a'a(nst me (n 3;"@
22"!! and 3;"@22"!< res&lted (n (nter0eren$e w(t% re$e(pt o0 my USPS ma(l+ C %a/e ta.en all
reasona)le steps to $o&ntera$t t%at, %owe/er, (n an a)&ndan$e o0 $a&t(on, C as. t%at yo& $opy me on
e/eryt%(n' /(a ema(l and 0aJ and %a/e La.es Cross(n' do so as well+ Add(t(onally, D&d'e Gas% :olmes
$on0(s$ated my p%ones on /</" and st(ll %as not released t%em or pro/(ded 5as 0ar as C .now6 any
(nd($at(on 0or %er )as(s 0or do(n' so, et$+
Mr+ Fo'an, please eJpla(n yo&r pos(t(on /(s a /(s yo&r m(ss(n' t%e Arra('nment (n my $ases, (n$l&d(n'
spe$(0($ re0eren$e to t%e approJ(mately I2 m(n&te meet(n' yo& and C %ad (n ad/an$e o0 t%at
arra('nment+ 3&rt%er, please pro/(de an (nd($at(on (n wr(t(n' as to w%y yo& 0elt t%(s more (n/as(/e,
more (n/ol/ed $ompeten$y e/al&at(on yo& mo/ed 0or was a reN&est )ased (n law or 0a$t, (n$l&d(n'
spe$(0($ deta(ls and do$&mentat(on (n s&pport t%ereo0+ O%, t%atMs r('%t, =(ray Fo'an and Doe Goodn('%t
o0 t%e 7CPF only )el(e/e t%at GRCP "" appl(es to $r(m(nal matters w%ere t%ey need to le/era'e (t as
an eJ$&se not to 0(le a Mot(on to F(sm(ss or some ot%er pre@tr(al mot(on++++Fo'an and Goodn('%tMs
pos(t(on on Ge/ada R&le o0 C(/(l Pro$ed&re "" (n a $r(m(nal $onteJt, t%o&'%, (n t%e $onteJt o0 0(l(n'
any Mot(on 0or San$t(ons a'a(nst Goodn('%tMs or'an($ 0ree trade $o00ee s%op )&ddy FA #a$% Oo&n' (s
t%at PGRCP "" does not apply (n a $r(m(nal $onteJtP+ Cts rem(n(s$ent o0 t%e RPF approa$% to s(t&at(ons
w%ere R($%ard G+ :(ll, EsN+ ma.es a report o0 some $r(m(nal /(olat(on, (n $ompar(s(on to w%en
someone reports a $r(m(nal /(olat(on )y R($%ard G+ :(ll, EsN+ Some m('%t say w%en :(llMs 0(les a report
or s('ns a $r(m(nal $ompla(nt, t%e RPF treats (t as a P/(olat(on 0o $r(m(nal law, a pol($e matterP, )&t t%at
/"
w%en anyone po(nts o&t :(llMs attempts at eJtort(on, )r()ery, a)&se o0 pro$ess, lar$eny, w(t%%old(n'
oneMs state (ss&ed (dent(0($at(on, per,&ry, et$+, et$+, t%e RPF s(mply was%es t%e(r %ands $lean o0 t%e
$ompla(nants reN&est, (nd($at(n', Psorry, )&ddy, t%atMs a $(/(l matter, yo&r remedy (s w(t% t%e $o&rts+++P+
So, w%en :(ll wants a Temporary Prote$t(on Order a'a(nst #a$% Co&'%l(n, )e$a&se, 'os% darn (t,
Co&'%l(n (s 0(ml(m(n' and $olle$td(n' e/(den$e o0 t%e personal property t%at :(llMs $ontra$tor, P%(l
StewartMs $rew (s t%row(n' away 0rom Co&'%l(nMs 0ormer %ome law o00($e, (n ant($(pat(on o0 a wron'0&l
e/($t(on laws&(t a'a(nst :(ll and %(s =e/erly :(llMs :('% S$%ool 'rad&ate Cal(0orn(a Ge&ros&r'eon
landlord $l(ent, Matt Merl(ss 5now on appeal (n C;""@23E!, w%ere(n D&d'e 3lana'an o0 Fepartment <
re$ently den(ed one o0 :(llMs PN&adr&ple ,eopardyP $%eap s%ots at Co&'%l(n, )y deny(n' :(llMs Mot(on
0or Order to S%ow Ca&se 5now t%at ,&st lea/es t%e )aseless State =ar o0 Ge/ada 'r(e/an$e :(ll 0(led on
)e%al0 o0 (nd(/(d&als w%om are not e/en %(s $l(ents, w%ere(n %e $(tes &nattr()&ted %earsay and 0or
w%($% %e 0a(led to atta$% an a$t&al s('nat&re t%ereto, and w%($% $ons(sts $%(e0ly o0 (nn&endo and
$ompla(n(n' t%at Co&'%l(n dared to a$t&ally reN&est a 0ee wa(/er 0rom t%e F(str($t Co&rt to 0(le a
$ompla(nt, desp(te do(n' so )e(n' an a$$epta)le pra$t($e as set 0ort% (n stat&te (n GRS "+2"16+ So,
w%ere Co&'%l(ns pea$e0&lly 0(lm(n' on a s(dewal., t%e RPF doesnMt tell R($%ard :(ll, EsN+ t%at P(ts a
$(/(l matter, sorry yo&r remedy (s w(t% t%e $o&rtsP, )&t rat%er, Sar'ent Pa&l S(0re orders a yo&n'
tra(nee , O00($er Leedy, to wal. &p to Co&'%l(n &npro/o.ed, 'ra) t%e /(deo $amera o&t o0 %(s %and pr(or
to ma.(n' any sort o0 attempt to en'a'e Co&'%l(n or ot%erw(se eJpla(n w%y t%e RPF wo&ld )e, (n a
matter o0 two se$onds, apply(n' eJ$ess(/e 0or$e to Co&'%l(nMs )ent )a$. wr(sts and o)str&$t(n' ,&st($e
)y t&rn(n' o00 %(s /(deo $amera desp(te Co&'%l(nMs eJpress (ns(stan$e t%at Sar'ent Pa&l S(0re re0ra(n
0rom do(n' so+
3&rt%er, please eJpla(n w%at eJa$tly yo& meant w%en yo& told me, a0ter we d(s$&ssed my pre/(o&s
wor. eJper(en$e at :ale Lane, t%at yo& $o&ld ne/er do $(/(l law (n t%e pr(/ate se$tor w%at w(t% all t%at
%ard wor. and t%e )(lla)le %o&rs reN&(rements )e(n' demand(n' o0 yo&r t(me and e00ort, and t%at yo&
0o&nd t%e p&)l($ de0ender l(0estyle m&$% more to yo&r l(.(n'+ Please also eJpla(n w%y yo& 0o&nd (t
ne$essary to po(nt o&t %ow )(tterly d(sappo(nted yo& were w(t% t%e la$. o0 d(/ers(ty (n RenoMs ,&d($(ary
and Reno (n 'eneral, and %ow m&$% yo& sympat%(-ed w(t% t%e pl('%t o0 poor D&d'e :oward 5w%om %as
ne/er de0eated anyone (n an ele$t(on desp(te )e(n' on t%e )en$% s(n$e "II!6 (n %a/(n' to deal w(t% me
(n "" $r "<E, w%ere(n %e senten$ed Reno attorney Co&'%l(n to 3 days (n ,a(l 0or a 0(nd(n' o0 s&mmary
$ontempt &nder GRS +2"2 0or -ealo&sly ad/o$at(n' on )e%al0 o0 a de0endant (n a $r(m(nal matter
w%ere pol($e m(s$ond&$t was alle'ed+ Mr+ =osler, C am %ere)y reN&est(n' t%at a $opy o0 t%(s and all
ot%er $orresponden$es )etween =(ray Fo'an and mysel0 and my $omplete 0(le (n t%e matter 0or w%($%
Mr+ Fo'an (s represent(n' me )e pla$ed (n Mr+ Fo'anMs 0(le and t%at a 0ormal $ompla(nt (n/est('at(on
a'a(nst Mr+ Fo'an 0or %(s ne'l('en$e (n represent(n' me so 0ar and %(s retal(atory approa$% 5%a/(n' a
psy$%e e/al&at(on ordered t%at (s d(splayed on t%e www+$$was%oe+$om $o&rt$onne$t do$.et (n $lose
proJ(m(ty to my $ompla(n(n' o0 Mr+ Fo'anMs 0a(l&re to appear at my arra(n'ment and %(s N&est(ona)le
statements to me, as well as t%e pra$t($e %e and Fep&ty PF Doe Goodn('%t attempted to employe
pre/(o&sly were t%ey (ns(sted &pon tal.(n' to me on t%e p%one as a pa(r, (n a s&rpr(se approa$% manner+
Cn$(dentally, t%e RPF Sar'ent w%om $%ar'ed me w(t% t%e Pm(s&se o0 I""P 'ross m(sdemeanor t%at C am
$&rrently 0a$(n', pla'&ed wt(% t%e representat(on o0 one =(ray Fo'an (n, a$t&ally mana'ed to lose my
do' last n('%t, w%en Sar'ent S(0re was respond(n' to a tr&e (nstan$e o0 m(s&es o0 I"", w%ere #a$%
Co&'%l(nMs Ps(sterP Carly Goel Co&'%l(n, $alled I"" to report t%at Mr+ Co&'%l(n %ad arr(/ed at CarlyMs
%o&se, w%ere s%e %ad (n/(ted %(m to drop o0 %(s pe.(n'nese do', Da$.son Pawl&$., (0 %e e/er wanted
Ms+ Co&'%l(nMs P0r(endP to wat$% Da$.son a'a(n+ Ms+ Co&'%l(n (nd($ated t%at Pt%e peopel w%o wat$%ed
%(m last t(me $r(ed w%en C went to 'o 'et %(m, so C donMt really wanna do t%(s a'a(nP desp(te %er earl(er
(nd($at(on t%at s%e wo&ld+ Ms+ Co&'%l(n, 'rew annoyed w(t% Mr+ Co&'%l(nMs reN&est and rene''ed on
%er o00er to transport t%e do' to t%e d(sa)led woman to w%om (t )ro&'%t so m&$% ,oy, and %er da&'%ter+
3/"
Mr+ Co&'%l(n wal.ed )a$. to %(s $ar w(t% %(s do' to lea/e, )&t %(s $ar was apparently to low on 'as to
start+ Ms+ Co&'%l(n $ont(n&ed to re'ale Mr+ Co&'%l(n w(t% %er %ypo$r(t($al, sat&rn(ne approa$% to
%&man relat(ons 5t%(s desp(te %er wor.(n' (n t%e mental %ealt% $are 0(eld, apparently, and per%aps, most
tro&)l(n'6+ Ms+ Co&'%l(n t%reatened to $all I"" (0 Mr+ Co&'%l(n d(d not lea/e (mmed(ately, Mr+
Co&'%l(n sa(d %e wo&ld, as.ed w%at on eart% s%e wo&ld )e $all(n' I"" a)o&t, and promptly attempted
to start %(s $ar to lea/e+ Ct wo&ld not, and Ms+ Co&'%l(n dro/e o00+ Mr+ Co&'%l(n, .now(n' 0&ll well t%at
%(s s(ster wo&ld (n 0a$t )e $all(n' I"", and t%at s%e was well aware o0 Mr+ Co&'%l(nMs re$ent tr(als and
tr()&lat(ons w(t% lo$al law en0or$ement (n l('%t o0 Mr+ Co&'%l(nMs a)errant )el(e0 t%at people (n t%(s
$o&nty a$t&ally do %a/e r('%ts and t%at we do not l(/e (n a pol($e state6, and t%at s%e, (n 0a$t, so&'%t to
0&rt%er $a&se Mr+ Co&'%l(n d(s$ord w(t% law en0or$ement, somet%('n w%($% s%o&ld wo&ld, o0 $o&rse,
later Prem(JP as %er P$on$ernP 0or %(s Pwel0areP+ Sar'ent S(0re, w%om 0or some reason was ass('ned to
answer t%(s $all )y t%e RPF, e$%oed t%ese sent(ments to Mr+ Co&'%l(n and pro/(ded %(s pro0ess(onal
op(n(on t%at Ms+ Co&'%l(n d(d P$are so /ery deeplyP a)o&t Mr+ Co&'%l(n+ Apparently, t%(s pro0o&nd
$on$ern was also eJ%()(ted (n Ms+ Co&'%l(n $all(n' I"" a se$ond t(me t%e n('%t o0 3/</" w%en Mr+
Co&'%l(n ret&rned some two %o&rs laters to %(s /e%($le, par.ed on Keele St+, on a p&)l($ street, w(t% a
'as $an w(t% %al0 a 'allon o0 'as, (ntend(n' to pla$e (t (n %(s $are and dr(/e o0, %ope0&lly )e0ore, on$e
a'a(n, )e(n' a)&sed )y lo$al law en0or$ement, l(.e Sar'net S(0re, w%om was la&'%(n' on "/"8/" w%en
%e arrested Co&'%l(n and $%ar'ed %(m w(t% a 'ross m(sdemeanor, Pm(s&se o0 I""P+ Ms+ Co&'%l(n o0
$o&rse so&'%t to %a/e Mr+ Co&'%l(n arrested 0or not%(n' and to 0&rt%er (n/ol/e Mr+ Co&'%l(n w(t% lo$al
law en0or$ement, t%o&'% t%at pro)a)ly %as not%(n' to do w(t% %er /ar(o&s )(tter statements o/er t%e
years a)o&t %ow Ct %as not )een 0o&nd and may well )e dead '(/en t%e proJ(m(ty o0 tra00($ and t%e
do'Ms (neJper(en$e (n deal(n' w(t% (t+ :ow Sar'ent S(0re $o&ld poss()ly le$t&re Mr+ Co&'%l(n 0or o/er
an %o&r, per%aps $a&s(n' Co&'%l(n to m(ss an ele$tron($ 0(l(n' deadl(ne (n an (mportant le'al matter (s
&n$lear, part($&larly w%ere Sar'ent S(0re adm(tted to Co&'%l(n t%at Ms+ Co&'%l(n adm(tted Mr+
Co&'%l(n d(d not to&$% %er, %arm %er, or t%reaten %er (n any way+ :ow (t (s t%at Ms+ Co&'%l(n (s not
'&(lty o0 Pm(s&se o0 I""P w%ereas Mr+ Co&'%l(n was s&),e$t to a $&stod(al arrest 0or t%e /ery same
$%ar'e, )y t%e /ery same RPF Sar'ent, Pa&l S(0re, (s ,&st not /ery $lear+ =&t, one s%o&ldnMt %old oneMs
)reat% wa(t(n' 0or any sort o0 -ealo&s ad/o$a$y )y one =(ray Fo'an, Fep&ty 7as%oe Co&nty P&)l($
Fe0ender, or any 'reat eJ%()(t(on o0 restra(nt )y Fep&ty F(str($t Attorney #a$% Oo&n'+ Mr+ Co&'%l(n
was a)le to 0(nally lea/e and $ont(n&e w(t% %(s le'al wor. w%en lo$al PD&d'e 7%(spererP Fr+ T(mot%y
F+ Co&'%l(n, MF arr(/ed w(t% a 'as $an at t%e s$ene and pla$e a 'allon o0 'as (n Mr+ Co&'%l(nMs
/e%($le+ T%at represented t%e 0(rst eJpend(t&re )y Fr+ Co&'%l(n towards P%elp(n'P %(s son t%at was not
$ond(t(oned &pon some )(-arre, M&n$%a&sen )y ProJy, Power and Control 7%eel 5F&l&t% Model6
em)ody(n' p%ys($(an $ontrol 0rea./lawyer en/y (ns(sten$e t%at Mr+ Co&'%l(n )e s&),e$t to some
eJper(emental treatment t%at Fr+ Co&'%l(n 0o&nd reN&(red '(/en Fr+ Co&'%l(nMs )el(e0 %(s son, Reno
Attorney (s a00l($ted w(t% a $ond(t(on w%ere(n a PdemonP res(des (ns(de o0 %(s son+ Fr+ Co&'%l(n le0t %(s
son, Reno Attorney #a$% Co&'%l(n as /o($e ma(l (n t%e last year w%ere(n %e state to %(s son, PC tr&ly
)el(e/e yo& %a/e a demon (ns(de o0 yo& P w%ere&pon Fr+ Co&'%l(n demanded &pon some sort o0
)a$.woods eJor$(sm )e(n' per0ormed &pon attorney Co&'%l(n, w%om re'&larly re0ers to %(s 0at%er as
PT(mP or PFr+ Co&'%l(nP, )&t only /ery rarely, anymore, as PFadP+ Fr+ Co&'%l(n (s re0erred to )y some
as t%e PD&d'e 7%(spererP '(/en %(s stat&s as t%e p%ys($(an o0 $%o($e to &t(l(-e (n t%e s%ame )ased
sled'%ammer role d&r(n' (nter/ent(ons w(t% mem)ers o0 t%e Ge/ada D&d($(ary w%om alle'edly %a/e
s&)stan$e a)&se pro)lems+++ And (ts not &n%eard o0 0or mem)ers o0 t%e ,&d($(ary to approa$% attorney
#a$% Co&'%l(n and as. w%ere t%ey may 0(nd Fr+ Co&'%l(n, as t%ey wo&ld l(.e to p&n$% %(m sN&are (n
t%e mo&t%+ Anyways, Sar'ent Pa&l S(0re %ad to adm(t to #a$% Co&'%l(n, on 3/</", t%at %e and %(s
RPF asso$(ate %ad allowed Mr+ Co&'%l(nMs do' Da$.son, to es$ape 0rom Ms+ Co&'%l(ns &nlo$.ed
res(den$e, w%ere Mr+ Co&'%l(n %ad pla$ed t%e do' (mmed(ately )e0ore attempt(n' to 'o wal. to a 'as
8/"
stat(on and 'et 'as, '(/en Mr+ Co&'%l(nMs reasona)le )el(e/e t%at (0 %e le0t %(s do' (n %(s par.ed $ar,
o&ts(de Ms+ Co&'%l(nMs %o&se, %e wo&ld )e arrested )y t%e RPF 0or Pdo' endan'erment or ne'le$t or
an(mal $r&eltyP++++Ama-(n'ly, e/en a0ter lett(n' Mr+ Co&'%l(nMs do' es$ape 0rom Ms+ Co&'%l(nMs %o&se,
and per%aps )e %(t )y a $ar, Sar'ent S(0re st(ll saw 0(t to le$t&re Mr+ Co&'%l(n and po(nt o&t t%e
)ene/olen$e o0 t%e pol($e state Sar'ent S(0re and t%ose l(.e %(m $&rrently %a/e (n pla$e (n 7as%oe
Co&nty and t%e C(ty o0 Reno+ =&t, RPF Sar'ent S(0re was s&re to po(nt o&t to attorney Co&'%l(n %ow
/ery pro0o&ndly deep Fr+ Co&'%l(n and Carly G+ Co&'%l(nMs $on$ern was 0or attorney Co&'%l(n+
:owe/er, t%e(r $on$ern (s apparently not so s('n(0($ant as to allow, say, attorney to store a plast($
'ar)a'e )a' 0&ll o0 eJpens(/e s&(ts &nder Fr+ Co&'%l(nMs Ca&'%l(n Ran$% %ome, w%($% %as 1 empty
)edrooms and a Pm&droomP t%e s(-e o0 an a(r$ra0t %an'er &nder t%e %ome 0or stor(n' t%(n's+ A0ter t%e
)a' o0 s&(ts )e(n' )eneat% Fr+ Co&'%l(nMs %ome 0or approJ(mately a wee. t%ey o&twore t%e(r wel$ome,
prompt(n' Fr+ Co&'%l(n and %(s w(0e, Mon($a Morell( Co&'%l(n to (nN&(re as to w%en attorney
Co&'%l(n m('%t )e a)le to remo/e s&$% )a' 0rom t%e Pm&droomP &nderneat% t%e(r %ome, w%($%, a'a(n,
%as 1 empty )edrooms+ Fr+ Co&'%l(n pre/(o&sly telep%one t%e Fean o0 t%e UGL; =oyd S$%ool o0 law
to de0ame %(s son, w%ere&pon Fean R($%ard Mor'an, e/er t%e r(s. m(n(m(-er m(ddle mana'(n',
)&s(ness attorney, $&tt%roat, ed&$ator t%at (s %e, promptly $alled &p t%e State =ar to report as m&$%+
And wo&ld Carly Goel Co&'%l(n )e alr('%t w(t% allow(n' %er )rot%er, attorney Co&'%l(n to store, say, a
'&(tar or a )oJ o0 papers at %er %ome 0or a l(ttle w%(le? O0 $o&rse s%e wo&ldnMt+ T%o&'%, M(ss Carly
s&re w(ll p&t on a s%ow o0 P$on$ernP 0or Sar'ent S(0re w%en %e s%ows &p, tw($e+++++O%, )&t %ow /ery
m&$% t%ey want to P%elpP+ D&st only w(t% psy$%o)a))le and 0a&J $on$ern and sel0 ser/(n' power
%&n'ry, man(p&lat(/e e'o tr(ps, rat%er t%an any d(s$ern()le, tan'()le )ene0(t to t%e tas.s at %and+ Fr+
Co&'%l(n (s Reno C(ty Attorney Do%n Kadl($Ms personal p%ys($(an, and Kadl($ (s 'od0at%er to t%e
da&'t%er Fr+ Co&'%l(n %ad w(t% Mon($a Morell( Co&'%l(n, o0 Morell( /+ Morell( 0ame4
%ttp4//www+lea'le+$om/JmlRes&lt+aspJ?
Jmldo$Q"I!E"88<2Pd<28L""8"I+JmlRdo$)aseQCSL7AR@"I!E@22E
Cn Morell( /+ Morell(, Ge/adaMs 0(rst Ctal(an Ge&ros&r'eon was s&ed )y %(s now attorney "! year old
da&'t%er 0or t%e $ost o0 %er $olle'e and law s$%ool t&(t(on, w%($% was eJpressly set 0ort% as a
st(p&lat(on (n t%e mar(tal settlement a'reement (n t%at matter+ T%e da&'%ter was awarded t%e t&t(on and
0at%er and da&'%ter ne/er spo.e a'a(n d&r(n' Fr+ Morell(Ms l(0et(me, some 2 more years+
Cron($ally, t%e Pm(s&se o0 I""P $%ar'ed stemmed 0rom my $all(n' a)o&t t%e myster(o&s and mena$(n'
d(sappearan$e o0 my do' 5w%om C appeared w(t% (n t%e Fe$em)er 2" (ss&e o0 t%e Ge/ada Lawyer6,
w%($% o$$&red (n t%e $onteJt o0 a $ont(n&o&s )arra'e o0 domest($ /(olen$e to w%($% C was eJposed,
t%or&'% t%e 0(rst s(J wee.s o0 2", )y t%e a$t(ons o0 my t%en %o&semates, and 0or w%($% C attempted to
o)ta(n prote$t(on or ,&st($e 0rom )y $onta$t(n' t%e RPF, (n$l&d(n' Sar'ent #a$% T%ew 5alle'edly, C was
arrested w%(le alle'edly attempt(n' to $onta$t Sar'ent T%ew, (n a$$ordan$e w(t% Sar'ent T%ewMs
eJpress (nstr&$t(ons t%at C do so
%ttp4//www+yo&t&)e+$om/wat$%?/QoU3tL.RR2RA
++++w%($% =(ray Fo'an .nows, )&t 0or w%($% Mr+ Fo'an %as re0&sed to 0(le any Mot(on to F(sm(ss or
ot%er a$t(on on my )e%al0, rat%er, Mr+ Fo'an see.s to retal(ate a'a(nst me and to em)arass me w(t% yet
anot%er retal(atory P$ompeten$yP e/al&at(on, desp(te t%e 0a$t t%at C passed, w(t% 0ly(n' $olors, t%e one
adm(n(stered )y L())y :e(,ne a0ter Fep&ty 7as%oe Co&nty P&)l($ Fe0endenr Cary :yl(n ordered one
5s&)seN&ent 0(l(n's )y t%e 7CPF (nd($ated t%at a P%ear(n'P too. pla$e w%ere(n s&$% an e/al&at(on was
reN&ested )y :yl(n and orderd )y D&d'e Da$. S$%roeder, yet no s&$% P%ear(n'P too. pla$e69
RPF Sar'ent S(0re 5w%om a$t&ally ma.es more money t%ro&'% %(s p&)l($ employment t%an most
F(str($t Co&rt D&d'es6 arrested me anot%er t(me, ma.(n' (t tw($e (n two days, on Dan&ary "t%, 2" 0or
P,aywal.(n', t%en %e o)str&$ted ,&st($e )y t&rn(n' o00 my /(deo $amera w%(le RPF O00($er Loo. and
O00($er Leedy were &s(n' eJ$ess(/e 0or$e 5$ompletely o&t o0 t%e )l&e and w(t% -ero ,&st(0($at(on 0or
1/"
do(n' so, as e/(n$ed )y t%e /(deo (tsel06 on me+
%ttp4//www+yo&t&)e+$om/wat$%?/Q'=&I-0lGALER0eat&reQrelated
Fep&ty F(str($t Attorney #a$% G(0on', er, #a$% Oo&n', EsN+, %as )een eJtremely res(stant to any sort o0
plea )ar'a(n(n' (n e(t%er $ase, as %e %as )een (n t%e matter 0or w%($% Fep&ty P&)l($ Fe0ender Doe
Goodn('%t, EsN+ (s Prepresent(n'P me as my PattorneyP+ T%at matter RCR also (n$l&ded pol($e
m(s$ond&$t )y t%e Reno Pol($e Fepartment, )y O00($ers Ron Rosa and G($. F&ralde+ 7%ere wo&ld
Reno attorney #a$% Co&'%l(n, EsN+ )e (0 t%ere was not /(deo tape o0 all o0 t%(s pol($e m(s$ond&$t?
%ttp4//www+yo&t&)e+$om/wat$%?/Q1PR<N8OC1)2R0eat&reQrelated
Fesp(te %a/(n' t%(s /(deo, FA #a$% Oo&n' retal(ated a'a(nst Co&'%l(n 0or Co&'%l(nMs 0(l(n' a GRCP ""
Mot(on a'a(nst )ot% Goodn('%t and Oo&n' )y amend(n' t%e $r(m(nal $ompla(nt to o/er$%ar'e some
more+ Go, rat%er FA #a$% Oo&n' and t%e RPF see t%e w(tness tamper(n' and attempts to d(ss&ade
G($ole 7atson 0rom o00er(n' any (ns('%t (nto t%e wron'0&l arrest o0 !/2/" )y G($%olas F&radle as Pa
$(/(l matterP, not a P$r(m(nal oneP+ :e$., t%e RPF doesnMt e/en see )attery, assa&lt, a''ra/ated assa&lt,
or domest($ /(olen$e as P$r(m(nal (n nat&reP w%en t%ese t%(n's %appen to pes.y 3(rst Amendment
attorney #a$%ary =ar.er Co&'%l(n, EsN+, +++no, rat%er, t%ose are matters o0 a P$(/(l nat&reP and
Co&'%l(nMs Premedy (s w(t% t%e $o&rtMsP, so sayet% RPF O00($er Sta$ey Gardner, Sar'ent Mon($a Lope-,
O00($er M$N&attry, O00($er Loo. and Leedy and Fel/e$$%(o, O00($er 7arren, et$+, et$+,
Cn$(dentally, (t wo&ld )e %elp0&l (0 an ent(ty l(.e 7as%oe Le'al Ser/($es too. an a''res(/e approa$% to
ad/o$at(n' on )e%al0 o0 tenantsM+++++7as%oe Le'al Ser/($es EJe$&t(/e F(re$tor Pa&l El$ano %as
reportedly $all Fr+ Co&'%l(n (n an attempt to (n0l&en$e attorney Co&'%l(n to $lose t%e $ase Co&'%l(n
%as a'a(nst 7LS 0or wron'0&l term(nat(on+
Cts a 'ood t%(n' Ge/ada %as so many )ra/e 3(rst Amendment attorneyMs l(.e DM Fe/oy and %(s
asso$(ate Mar$ Randa--a, ne(t%er o0 w%om %a/e any asso$(at(on w(t% Mr+ Co&'%l(n+ C, Mr+ Co&'%l(n
am aware t%at (t (s sl('%tly aw.ward to wr(te t%(s sw(t$%(n' )etween t%e 0(rst and t%(rd person, %owe/er,
t%e eJ('en$(es and e$onom($s o0 solo law pra$t($e were at play (n do(n' so+
At least t%ere (snMt m&$% o0 a so$(etal $ost to t%e le'ally N&est(ona)le manner (n w%($% e/($t(ons are
de$(ded and $arr(ed o&t (n 7as%oe Co&nty4
%ttp4//www+yo&t&)e+$om/wat$%?/QssE237:3GEO
%ttp4//www+yo&t&)e+$om/wat$%?/QK,GaE,slr8
7ell, Mr+ Loom(s, t%(n.s my ar'&ments a)o&t t%e (ns&00($(en$y o0 ser/($e o0 t%e S&mmary E/($t(on
OrderMs (s P0r(/olo&sP, )&t, %ey, %e (s ,&st 'ett(n' pa(d to -ealo&sly ad/o$ate on my )e%al0, so++++
And ,&st )e$a&se =ar Co&nsel Patr($. K(n', EsN+, 0eels t%e 're(/an$es C 0(led are not wort% p&rs&(n'
w%ereas t%ose 0(led )y R($%ard G+ :(ll, EsN+ are de0(nately wort%y o0 lots and lots o0 0ollow &p 5e/en
w%ere %e la$.s stand(n' to so 0(le or (s o00er(n' only &nattr()&ted %earsay (n s&pport o0 %(s $ontent(ons,
et$+6 does not mean =ar Co&nsel Patr($. K(n' (s a$t(n' as an atta$. do' 0or t%e r($%, t%at wo&ld not )e
an a$$&rate statement, (n all l(.el(%ood+
S(n$erely,
#a$% Co&'%l(n, EsN+, PO =OH E2I1, REGO, G;, !I12E, tel4 <<1 33! !""!, 0aJ4 I8I EE< <829
#a$%Co&'%l(n*%otma(l+$om Ge/ada =ar Go4 I8<3
Fear Mr+ Co&'%l(n4
T%(s messa'e (s sent to address (ss&es ra(sed (n t%e e@ma(l yo& sent on 3@E@"+
"+ Please note t%at yo& are 0ree to send t%e $omm&n($at(ons yo& send to me, to anyone else yo& des(re+
Oo& s%o&ld )e aware t%at send(n' yo&r $omm&n($at(ons to ot%er part(es w(ll $a&se yo&r
$omm&n($at(ons to me to lose t%e(r attorney@$l(ent $on0(dent(al(ty+
+ 3or w%at spe$(0($ p&rposes do yo& need a $ont(n&an$e? A $ont(n&an$e p&rely 0or t%e p&rpose o0
delay (s not a proper reason 0or a $ont(n&an$e+
3+ 7%et%er yo& are ent(tled to e@ma(l t%e Reno M&n($(pal Co&rt (s not my $on$ern+ T%at (s a pro)lem to
E/"
)e addressed )etween yo& and t%e Co&rt+
8+ Ms+ Fra.e (s no lon'er t%e attorney %andl(n' yo&r $ase 0or t%e Reno C(ty AttorneySs O00($e+ Oo&r
$ase (s now )e(n' %andled )y C%r(stop%er :a-lett@Ste/ens, EsN+
1+ Cn response to yo&r N&est(on re'ard(n' t%e wea.nesses o0 t%e trespass(n' $ase C o00er t%e 0ollow(n'4
a+ T%e $ompla(nt (s de0($(ent (n t%at (0 0a(ls to set 0ort% t%e elements o0 t%e $r(me o0 trespass+ Ct 0a(ls to
(dent(0y w%et%er yo&r presen$e on t%e prem(ses was 0or t%e p&rpose to /eJ or annoy t%e owner or
o$$&pant o0 t%e prem(ses or w%et%er (t was an entry onto t%e prem(ses a0ter a warn(n' not to so
trespass+ T%(s (s pro)a)ly eas(ly remed(ed )y an amendment at t%e t(me o0 tr(al+ Ge/ert%eless t%ese are
alternat(/e t%eor(es on w%($% a trespass $ase $an )e p&rs&ed and t%e de0endant (s ent(tled to .now on
w%($% t%eory or t%eor(es a $ase (s )e(n' prose$&ted (n ad/an$e o0 s%ow(n' &p 0or tr(al+
)+ Oo& 0(led an appeal on O$to)er "I, 2"", apparently, o0 t%e order made )y D&st($e o0 t%e Pea$e
S0erra--a on O$to)er "3, 2""+ T%at order den(ed yo&r reN&est 0or a $ont(n&an$e and 'ranted s&mmary
e/($t(on &nless yo& 0(led a depos(t w(t% t%e $o&rt+ Typ($ally t%e $o&rts lose ,&r(sd($t(on to r&le on ot%er
matters (n t%e $ase on$e an appeal (s ta.en+ Ct (s $lear 0rom t%e $o&rt re$ords t%at t%(s appeal was
pend(n' )e0ore t%e Se$ond D&d($(al F(str($t Co&rt at t%e t(me t%e $o&rt %eld a %ear(n' on t%e &nlaw0&l
deta(ner on O$to)er 1, 2""+ Ct may well )e t%at t%e D&st($e Co&rt lost ,&r(sd($t(on to %old t%e e/($t(on
%ear(n' w%(le t%e appeal was pend(n'+
$+ C am wor.(n' on some ot%er t%o&'%ts+
E+ C0 yo& are d(ssat(s0(ed w(t% t%e way C am represent(n' yo&, yo& rema(n 0ree to see. a new attorney+
<+ Anot%er $%&$.le re'ard(n' my owners%(p o0 str(p $l&)s+ C donSt own or %a/e any owners%(p (nterest
(n any str(p $l&)s, )rot%els, ad&lt )oo. stores or mo/(e %o&ses+ C '&ess t%at lea/es me 0ree to moral(-e+
!+ C st(ll donSt see t%e (mportan$e o0 Fr+ Merl(ss+ T%e reN&est 0or payment o0 an amo&nt eN&al to rent,
was 0or stora'e o0 yo&r personal property+ Oo& are ent(tled to $ontest t%e amo&nt o0 t%e stora'e 0ee,
w%($% yo& d(d+ T%ere (s no $red()le e/(den$e anyw%ere w%($% s&''ests t%at anyone (ntended to reopen
or $reate a new tenan$y allow(n' yo& to reta(n possess(on o0 t%e prem(ses+
I+ Fr+ Merl(ss (s an o&t o0 state w(tness+ Cn order to $ompel %(s appearan$e, %(s test(mony m&st )e
mater(al+ GRS "<8+815"6+ Ct does not appear t%at %(s test(mony (s mater(al &nder t%e (n0ormat(on yo&
%a/e pro/(ded 3&rt%er, &nder GRS "<8+8156 %e (s ent(tled to )e pa(d %(s s&)s(sten$e and tra/el
eJpenses (n$&rred (n $om(n' to Ge/ada+ Are yo& prepared to pay t%ose eJpenses (n ad/an$e o0 %(s
$om(n' to Ge/ada?
"2+ C donSt (ntend to 0aJ or e@ma(l to yo&, yo&r 0&ll 0(le (n t%(s $ase+ Oo& already %a/e e/eryt%(n' w(t%
t%e eJ$ept(on o0 a $o&ple o0 (tems w%($% C ma(led to yo&r old address+ C w(ll send t%em a'a(n to yo&r
new address+ C0 yo& want to re/(ew t%e 0(le yo& are wel$ome to do so at my o00($e+ C0 yo& want $op(es
o0 anyt%(n' (n t%e 0(le yo& may mar. t%e (tems+ A0ter '(/(n' yo& a $ost est(mate, 0or w%($% C reN&(re
payment (n ad/an$e, we w(ll pro/(de yo& w(t% $op(es o0 t%e mar.ed (tems+
Ke(t% Loom(s
3rom4 #a$% Co&'%l(n Tma(lto4-a$%$o&'%l(n*%otma(l+$omU
Sent4 Monday, Mar$% E, 2" "2433 PM
To4 .e(t%loom(s*eart%l(n.+net9 sterm(t-*s)$'lo)al+net9 ,md*randa--a+$om9 ,)oles*$allat'+$om9
.r(st(emann(n'*ya%oo+$om9 .adl($,*reno+'o/
S&),e$t4 ( was e/($ted 3 "1 ", ( need a $ont(n&an$e
Fear Mr+ Loom(s,
C was wron'0&lly e/($ted on 3 "1 ", and C need a $ont(n&an$e (n t%e $r(m(nal trespass matter t%at yo&
set o/erly N&($.ly a'a(nst my eJpress w(s%es anyway+ My a)(l(ty to $olle$t e/(den$e ne$essary to my
de0ense and ot%erw(se prepare %as )een ad/ersely a00e$ted+ Add(t(onally, C donMt 0eel as t%o&'% yo& are
per0orm(n' (n an appropr(ate manner as de0ense $o&nsel, )&t rat%er yo& seem st&$. (n yo&r
prose$&tor(al ways, too N&($. to loo. 0or any eJ$&se w%atsoe/er to )&ry oneMs $ase, so C t%(n. yo& %a/e
</"
0or$ed a spl(t %ere, w%($% 0&rt%er pre,&d($es my $ase and a&'ers towards a $ont(n&an$e+ Please mo/e
0or one (mmed(ately and $opy me on my ent(re 0(le )y ema(l and 0aJ please+ Add(t(onally, please see.
$lar(0($at(on 0rom t%e RMC as to w%et%er C am allowed to e/er send an ema(l to
renom&n($re$ords*reno+'o/+ Please note, today, D&d'e 3lana'an den(ed R($%ard :(llMs latest 0r(/olo&s
mot(on+
F(d yo& .now t%at Ke/(n Kelly, o0 t%e State =ar o0 Ge/adaMs C%ara$ter and 3(tness Comm(ttee 0or at
least t%e last de$ade owns and r&ns t%e Spearm(nt R%(no str(p $l&) (n Las ;e'as4
%ttp4//www+re/(ew,o&rnal+$om/l/r,L%ome/22/Mar@2E@7ed@22/news/"!8"81+%tml
C .now C always l(.e my t%ree %o&r to&rs o0 %ea/y %anded moral(-(n' 0rom someone w%o r&ns a
monol(t%($ str(p $l&) (n Las ;e'as+
Oo& are on t%e State =ar o0 Ge/adaMs 0ee d(sp&te $omm(ttee, arenMt yo& Mr+ Loom(s? Fo yo& own any
str(p $l&)s?
Mr+ Loom(s, w%($% o0 t%e elements o0 t%e trespass $%ar'e RMC !+"2+282 do yo& 0eel are wea.est 0or
Fep&ty C(ty Attorney D(ll Fra.e, w%om C (n0ormed a)o&t t%e adm(ss(on )y Reno PF O00($er C%r(s
Carter t%at R($%ard G+ :(ll, EsN+ )r()es %(m, )&t 0or w%($% Ms+ Fra.e (nd($ated a $omplete la$. o0
(nterest and eJpressed t%at s%e wo&ld not )e 0ollow(n' &p on t%at report o0 )r()ery o0 a RPF O00($er+
Mr+ Kadl($, please pla$e a $opy o0 t%(s $orresponden$e (n D(ll Fra.eMs personnel 0(le+ Add(t(onally
please pla$e one (n All(son OrmaasMs personnel and employment 0(le too, (n add(t(on to Fep&ty C(ty
Attorney Fan 7on'Ms employment 0(le, as all t%ree o0 t%ose Fep&ty C(ty AttorneyMs were pro/(ded t%at
report and all t%ree (nd($ated t%ey d(d not $are and %ad no (ntent(on o0 0ollow(n' &p or ot%erw(se
(n/est('at(n' t%e adm(ss(on )y RPF O00($er C%r(s Carter t%at R($%ard G+ :(ll, EsN+ )r()ed %(m+ C t%(n.
t%e 0a(l&re to 0ollow &p )y any o0 t%ese 3 Fep&ty C(ty AttorneyMs relates to any 0&t&re ne'l('ent %(r(n',
tra(n(n', and s&per/(s(on $la(ms t%at t%e Reno C(ty Attorney may need to de0end a'a(nst w%en
represent(n' t%e Reno PF l(.e (t d(d (n t%e Eeo0 /+ P(tsno'le $ase4
%ttp4//www+l/r,+$om/news/reno@o00($(al@a$$&sed@o0@w(tness@tamper(n'@""E1!E1!+%tml
Oo& .now, Fep&ty C(ty Attorney OrmaasMs de$(s(on to p&s% on 0or t%at V<2 tra00($ t($.et (s loo.(n'
more and more (nterest(n'+ BB
O%, and, Mr+ Loom(s, Fr+ Merl(ss presen$e (s ne$essary )e$a&se %(s &nderstand(n' o0 t%e eJtent to
w%($% %(s attorney, R($%ard G+ :(ll, EsN+ %ad e00e$t(/ely res$(nded any e/($t(on Order )y send(n' a )(ll
0or t%e same amo&nt as 0&ll &se and o$$&pany o0 t%e lo$at(on at "" R(/er Ro$. St+ 'oes to t%e
s&)stan$e o0 t%e elements 0o&nd (n RMC !+"2+282 as well as t%e $red()(l(ty o0 )ot% Merl(ss and :(ll+
S(n$erely,
Close Pr(nt
3&ll /(ew
W
W
=a$. to messa'es
RE4 rm$ "" $r E821 yo& are appo(nted $o&nsel? 0or p&entes ne ta(tel??
/</"
Ke(t% Loom(s
To M#a$% Co&'%l(nM
3rom4 Ke(t% Loom(s 5.e(t%loom(s*eart%l(n.+net6
Sent4 Mon /</" 34< PM
!/"
To4 M#a$% Co&'%l(nM 5-a$%$o&'%l(n*%otma(l+$om6
Mr+ Co&'%l(n4
E@ma(l wor.s well 0or me+
Ke(t% Loom(s
Sent4 Monday, 3e)r&ary <, 2" <41E AM
To4 .e(t%loom(s*eart%l(n.+net
S&),e$t4 rm$ "" $r E821 yo& are appo(nted $o&nsel? 0or p&entes ne ta(tel?
%(, ( '&ess Mr+ Loom(s was appo(nted as my 3rd de0ense attorney (n RMC $ase "" $r E821+ C %a/e not
%eard anyt%(n' a)o&t t%(s $ase, and t%e RMC (nd($ated t%ey %ad not%(n' s$%ed&led+ Please
$omm&n($ate w(t% me only /(a ema(l or 0aJ please, %a/(n' (ss&es w(t% my ma(l (n$(dent to domest($
/(olen$e $omm(tted a'a(nst me my 0aJ (s I8I EE< <82+ t%an.s,
#a$% Co&'%l(n
3&ll /(ew
W
W
=a$. to messa'es
$o&rt date?
3/21/"
Ke(t% Loom(s
To M#a$% Co&'%l(nM
Sent4 Mon 3/21/" 842I PM
Mr+ Co&'%l(n4
C %a/e reN&ested t%at $o&rt set yo&r trespass $ase 0or tr(al (n a)o&t 32 days+ C w(ll let yo& .now t%e date
and t(me as soon as C .now+
Ke(t% Loom(s
3&ll /(ew
W
W
=a$. to messa'es
RE4 $o&rt date?
3/2</"
Ke(t% Loom(s
To -a$%$o&'%l(n*%otma(l+$om
Sent4 7ed 3/2</" 843E PM
To4 -a$%$o&'%l(n*%otma(l+$om
Mr+ Co&'%l(n4
On w%at 'ro&nds, ot%er t%an t%ose already set 0ort% (n yo&r eJ(st(n' mot(on, do yo& )el(e/e a mot(on to
d(sm(ss s%o&ld )e 0(led?
Ke(t% Loom(s
Sent4 7ednesday, Mar$% 2<, 2" "481 AM
S&),e$t4 RE4 $o&rt date
I/"
Mr+ Loom(s,
Please $opy me on any and all $orresponden$es, 0(l(n', or ot%er do$&mentat(on or /er)al reN&ests,
$orresponden$es, et$+ t%at yo& s&)m(t to t%e Co&rt, (n$l&d(n' t%e one yo& re0eren$e )elow+ Please do
not 0ollow Ta(telMs ta$t o0 a'ree(n' to reN&ests or 0a(l(n' to oppose mot(ons w(t%o&t e/en attempt(n' to
o)ta(n my perm(ss(on to (n ad/an$e t%ereo0+
C wo&ld l(.e 0or yo& to dra0t a Mot(on to F(sm(ss (n t%(s $ase 0or me re/(ew+
T%an.s,
#a$% Co&'%l(n, EsN+, "8 E+ It% St+ A, REGO, G; !I1", tel4 <<1 33! !""!, 0aJ4 I8I EE< <829
@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@
3rom4 .e(t%loom(s*eart%l(n.+net
S&),e$t4 $o&rt date
Fate4 Mon, 1 Mar 2" "E42I4"I @2!22
Mr+ Co&'%l(n4
Ke(t% Loom(s
3&ll /(ew
W
W
=a$. to messa'es
RE4 $o&rt date?
3/2I/"
Ke(t% Loom(s
Sent4 3r( 3/2I/" "24"8 AM
Go worr(es+ Made me la&'%+
Co&ple o0 N&est(ons4
F(d yo& 0(le an appeal 0rom D&st($e o0 t%e Pea$e S0erra--aSs e/($t(on order?
C0 yes, %as (t )een resol/ed?
F(d S0erra--a anno&n$e at t%e $lose o0 t%e %ear(n' on t%e 1t% t%at %e was 'rant(n' t%e e/($t(on and as.
:(ll/=a.er to pro/(de a wr(tten order?
F(d yo& e/er see t%e e/($t(on order posted )y 7CSO
C0 yes, w%en?
7%at (s rele/an$e o0 personnel 0(les o0 Carter or Lope-?
:ow (s Fr+ Merl(ssS test(mony mater(al to t%e de0ense o0 t%(s $ase?
Ke(t% Loom(s
Sent4 T%&rsday, Mar$% 2!, 2" "48E AM
Fear Mr+ Loom(s,
C apolo'(-e S(r 0or w%at C am s&re $omes a$ross as r&deness on my part+ Oo& seem l(.e a 'ood '&y, and
yo& %a/e 'reat %a(r+ C s(mply donMt %a/e t(me, money or ener'y to do any o0 t%(s t%e pol(te way '(/en
"2/"
t%e P&n(N&enessP o0 t%(s s(t&at(on++++Please ,&st .now C mean yo& no d(srespe$t+
7o&ld yo& please 0(le a reN&est or Mot(on 0or t%e Personnel 3(le o0 RPF O00($er C%r(s Carter and
Sar'ent Mon($a Lope- as well as s&p)oena 0rom t%e RPF all t%e /ol&mns o0 $rap R($%ard :(ll %as
'(/en t%em on t%(s (n add(t(on to not($(n' t%e $o&rt and C(ty Atty as to R($%ard :Cll )e(n' a w(tness,
s&)poena %(m 5t%o&'% t%e earl(er $ont(n&an$e wo&ld appear to (mply %e already (s6 AGF SU=POEGA
T:E OLF CALC3ORGCA GEUROSURGEOG 7:O CAG GET :CS OUT FO7G :ERE 3OR T:E
TRCAL AGF A FEPOSCTCOG PRCOR T:ERETO, ETSPECCALLO COGSCFERCGG T:AT T:E
;ARCOUS POLCCE REPORTS AGF MOTCOGS 3OR ORFERS TO S:O7 CAUSE QUOTE
MERLCSS AS SAOCGG :E 7AS AT T:E PROPERTO CG T:E P7EEKS PRECEEFCGGP T:E
ARREST, ETC+, ETC+ 5T:E STU33 =O==O PUEGTES GOT OOU 7:EG :E COPCEF OOU MO
3CLE, CE MO 3AHES TO =O==O, SET T:CS OUT CLEARLO6+ (3 T:ESE 3OOLS 7AGT TO
:A;E ME ARREST AGF ATTEMPT TO RUG A TRACG OG ME, T:EG T:EO CAG PUT T:E
TCME AGF 7ORK CG AGF GOT P:OGE CT CG 3ROM CALC AGF :A;E T:ECR REGT@A@
LOCAG rCC:ARF :CLL FO CT+
ALSO PLEASE 3CLE A MOTCOG TO d(sm(ss )ased &pon den(al o0 r('%t to a speedy tr(al, spol(at(on
o0 e/(den$e, et$++++
PEACE
@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@
3&ll /(ew
W
W
=a$. to messa'es
Tr(al Fate?
3/2I/"
Ke(t% Loom(s
Sent4 3r( 3/2I/" "2488 AM
" atta$%ment
Co&'%l(n Tr(al Sett(n'+pd0 5<<"+! K=6
See atta$%ed
3&ll /(ew
W
W
=a$. to messa'es
RE4 Tr(al Fate?
3/"/"
Ke(t% Loom(s
Sent4 Mon 3/"/" I4E AM
C $an do t%at (0 t%ere (s a 'ood reason to /a$ate t%e date+ 7%at (s t%e reason?
Ke(t%
""/"
Sent4 3r(day, Mar$% 2I, 2" E4! PM
S&),e$t4 RE4 Tr(al Fate
Please 0(le somet%(n' w(t% t%e $o&rt see.(n' to /a$ate t%at tr(al date and eJpla(n(n' t%at yo& 0a(led to
e/en on$e $ons&lt w(t% yo&r $l(ent pr(or to sett(n' (t+
@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@
S&),e$t4 Tr(al Fate
Fate4 3r(, I Mar 2" "24884"< @2!22
See atta$%ed
3&ll /(ew
W
W
=a$. to messa'es
RE4 $o&rt date?
3/"/"
Ke(t% Loom(s
Sent4 Mon 3/"/" "242 AM
T%(s e@ma(l (s sent to address t%e 'ro&nds yo& (dent(0(ed as 0orm(n' t%e )as(s o0 a mot(on to d(sm(ss+ As
yo& .now t%ere (s )ot% a $onst(t&t(onal r('%t and a stat&tory r('%t to a speedy tr(al+ T%(s $ase (s now%ere
$lose to a /(olat(on o0 t%e $onst(t&t(onal r('%t to a speedy tr(al+ T%e stat&te does pro/(de 0or a r('%t to
tr(al w(t%(n E2 days o0 arra('nment (n m&n($(pal $o&rt+ GRS "<!+11E56+ Cn t%(s $(r$&mstan$e t%e $o&rt
XmayY d(sm(ss t%e $ompla(nt+ T%e stat&te reN&(res, %owe/er, t%at t%e tr(al not %a/e )een postponed at
t%e reN&est o0 t%e de0endant+ Ct (s my &nderstand(n' t%at t%e Dan&ary "2, 2", tr(al date, was postponed
at yo&r reN&est+ C0 t%at (s tr&e t%en t%ere are not 'ro&nds to d(sm(ss on t%e )as(s o0 a /(olat(on o0 a r('%t
to speedy tr(al+
F(sm(ssal )ased on spol(at(on (s a $(/(l $on$ept+ Ct %as not )een appl(ed to $r(m(nal $ases (n Ge/ada as
o0 yet+ See :(''s /+ State, "E Ge/+ Ad/+ Opn " 52"26+ Rat%er de0endants (n $r(m(nal $ases are
prote$ted 0rom t%e loss o0 e/(den$e (n t%e %ands o0 t%e prose$&t(on )y t%e do$tr(ne o0 d&e pro$ess+
ConseN&ently yo& m('%t %a/e a )as(s to reN&est d(sm(ssal (0 t%e C(ty AttorneySs O00($e lost e/(den$e, (n
(ts possess(on mater(al to t%e $ase+ Cn s&$% $ase (0 t%e C(ty a$ted (n )ad 0a(t% or w(t% $onn(/an$e or (0
yo& were pre,&d($ed )y t%e loss t%en t%ere may )e 'ro&nds on w%($% to )ase a d(sm(ssal+ Please ad/(se
as to w%at e/(den$e was lost and %ow (t was lost+
Oo& %a/e not (dent(0(ed any ot%er 'ro&nds as a )as(s 0or d(sm(ssal+ C0 yo& )el(e/e t%ere are ot%er
'ro&nds, let me .now+
T%an.s
Ke(t% Loom(s
Sent4 T%&rsday, Mar$% 2!, 2" "48E AM
"/"
Fear Mr+ Loom(s,
C apolo'(-e S(r 0or w%at C am s&re $omes a$ross as r&deness on my part+ Oo& seem l(.e a 'ood '&y, and
yo& %a/e 'reat %a(r+ C s(mply donMt %a/e t(me, money or ener'y to do any o0 t%(s t%e pol(te way '(/en
t%e P&n(N&enessP o0 t%(s s(t&at(on++++Please ,&st .now C mean yo& no d(srespe$t+
7o&ld yo& please 0(le a reN&est or Mot(on 0or t%e Personnel 3(le o0 RPF O00($er C%r(s Carter and
Sar'ent Mon($a Lope- as well as s&p)oena 0rom t%e RPF all t%e /ol&mns o0 $rap R($%ard :(ll %as
'(/en t%em on t%(s (n add(t(on to not($(n' t%e $o&rt and C(ty Atty as to R($%ard :Cll )e(n' a w(tness,
s&)poena %(m 5t%o&'% t%e earl(er $ont(n&an$e wo&ld appear to (mply %e already (s6 AGF SU=POEGA
T:E OLF CALC3ORGCA GEUROSURGEOG 7:O CAG GET :CS OUT FO7G :ERE 3OR T:E
TRCAL AGF A FEPOSCTCOG PRCOR T:ERETO, ETSPECCALLO COGSCFERCGG T:AT T:E
;ARCOUS POLCCE REPORTS AGF MOTCOGS 3OR ORFERS TO S:O7 CAUSE QUOTE
MERLCSS AS SAOCGG :E 7AS AT T:E PROPERTO CG T:E P7EEKS PRECEEFCGGP T:E
ARREST, ETC+, ETC+ 5T:E STU33 =O==O PUEGTES GOT OOU 7:EG :E COPCEF OOU MO
3CLE, CE MO 3AHES TO =O==O, SET T:CS OUT CLEARLO6+ (3 T:ESE 3OOLS 7AGT TO
:A;E ME ARREST AGF ATTEMPT TO RUG A TRACG OG ME, T:EG T:EO CAG PUT T:E
TCME AGF 7ORK CG AGF GOT P:OGE CT CG 3ROM CALC AGF :A;E T:ECR REGT@A@
LOCAG rCC:ARF :CLL FO CT+
ALSO PLEASE 3CLE A MOTCOG TO d(sm(ss )ased &pon den(al o0 r('%t to a speedy tr(al, spol(at(on
o0 e/(den$e, et$++++
PEACE
@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@
RE4 Tr(al Fate?
3/"8/"
Ke(t% Loom(s
Sent4 7ed 3/"8/" 431 PM
Fear Mr+ Co&'%l(n4
My o)l('at(on &nder Ge/ada R&le o0 Pro0ess(onal Cond&$t "+ (s to a)(de )y a $l(entSs de$(s(on
$on$ern(n' t%e o),e$t(/es o0 representat(on and, as reN&(red )y R&le "+8 to $ons&lt w(t% t%e $l(ent as to
t%e means )y w%($% t%e o),e$t(/es o0 representat(on are to )e p&rs&ed+ Z Cn a $r(m(nal $ase t%e lawyer
s%all a)(de )y t%e $l(ents de$(s(on, a0ter $ons&ltat(on w(t% t%e lawyer, as to plea to )e entered, w%et%er
to wa(/e ,&ry tr(al w%et%er t%e $l(ent w(ll test(0y+
Under R&le "+8 5a6516 a lawyer s%all $ons&lt w(t% t%e $l(ent a)o&t any rele/ant l(m(tat(ons on t%e
lawyers $ond&$t w%en t%e lawyer .nows t%at t%e $l(ent eJpe$ts ass(stan$e not perm(tted )y t%e R&les o0
Pro0ess(onal Cond&$t or ot%er law+
Under R&le +"+ Cn represent(n' a $l(ent, a lawyer s%all eJer$(se (ndependent pro0ess(onal ,&d'ment and
render $and(d ad/($e+ Cn render(n' ad/($e, a lawyer may re0er not only to law )&t to ot%er
$ons(derat(ons s&$% as moral e$onom($, so$(al and pol(t($al 0a$tors, t%at may )e rele/ant to t%e $l(entSs
s(t&at(on+
Under R&le 3+"+ A lawyer s%all not )r(n' or de0end a pro$eed(n', or assert or $ontro/ert an (ss&e
t%ere(n, &nless t%ere (s a )as(s (n law and 0a$t 0or do(n' so t%at (s not 0r(/olo&s, w%($% (n$l&des a 'ood
0a(t% ar'&ment 0or an eJtens(on, mod(0($at(on or re/ersal o0 eJ(st(n' law+ A lawyer 0or a de0endant (n a
"3/"
$r(m(nal pro$eed(n' t%at $o&ld res&lt (n (n$ar$erat(on, may ne/ert%eless so de0end t%e pro$eed(n' as to
reN&(re t%at e/ery element o0 t%e $ase )e esta)l(s%ed+
Under R&le 3+5a6 and 5)6+ A lawyer s%all ma.e reasona)le e00orts to eJped(te l(t('at(on $ons(stent w(t%
t%e (nterests o0 t%e $l(ent+
T%e d&ty stated (n para'rap% 5a6 does not pre$l&de a lawyer 0rom 'rant(n' a reasona)le reN&est 0rom
oppos(n' $o&nsel 0or an a$$ommodat(on, s&$% as an eJtens(on o0 t(me, or 0rom d(sa'ree(n' w(t% a
$l(entSs w(s%es on adm(n(strat(/e and ta$t($al matters, s&$% as s$%ed&l(n' depos(t(ons, t%e n&m)er o0
depos(t(ons to )e ta.en, and t%e 0reN&en$y and &se o0 wr(tten d(s$o/ery reN&ests+
Under R&le !+85d6 Ct (s m(s$ond&$t 0or a lawyer to en'a'e (n $ond&$t w%($% (s pre,&d($(al to t%e
adm(n(strat(on o0 ,&st($e+
T%ese, and ot%ers, are t%e pro0ess(onal r&les C operate &nder (n pro/(d(n' le'al representat(on to yo& (n
$ase n&m)er "" CR E821, a $ase (n w%($% yo& are $%ar'ed w(t% t%e $r(me o0 trespass+ Ct (s my
&nderstand(n' t%at yo&r o),e$t(/e (n t%(s $r(m(nal $ase (s t%at yo& )e a$N&(tted o0 t%e $r(me o0 trespass+
T%at (s my p&rpose (n represent(n' yo&+ C am %appy to wor. towards t%at o&t$ome to t%e )est o0 my
a)(l(ty+ Ct (s my op(n(on, %owe/er, t%at m&$% o0 w%at yo& as. to )e done (s not (n $ompl(an$e w(t% t%e
a)o/e r&les+ A$$ord(n'ly, C w(ll not )e 0(l(n' a mot(on to d(sm(ss )ased &pon GRCP E5a6 and 5)6, C see
t%at ar'&ment as 0r(/olo&s+ C w(ll not )e pro$eed(n' w(t% t%e s&mmon(n' o0 an o&t@o0@state w(tness
5Merl(ss6 &nless yo& $an esta)l(s% %(s mater(al(ty to t%e de0ense+ Gor w(ll C )e s&)poena(n' t%e
personnel re$ords o0 law en0or$ement personnel &nless yo& $an esta)l(s% to my sat(s0a$t(on w%y t%ey
are rele/ant to t%(s $ase+ C %a/e no (ntent(on at t%(s t(me o0 $ond&$t(n' any depos(t(ons (n t%e $ase or
send(n' reN&ests 0or prod&$t(on o0 do$&ments or (nterro'ator(es (n t%e $ase+ C see t%ese a$t(ons as
&nd&ly )&rdensome on t%e ,&d($(al system, and &nwarranted )y anyt%(n' yo& %a/e pro/(ded to t%(s
po(nt+ C also see t%em as 0r(/olo&s and an attempt to &t(l(-e t%e $r(m(nal ,&st($e system to a$$ompl(s%
o),e$t(/es not rele/ant to my p&rpose (n represent(n' yo&+
C0 yo& are d(ssat(s0(ed w(t% t%e l(m(tat(ons C per$e(/e to eJ(st re'ard(n' my representat(on o0 yo&, yo&
are wel$ome to term(nate my representat(on o0 yo&+ Oo& may t%en as. t%e Co&rt to appo(nt a new
lawyer to represent yo&+
Ct (s my &nderstand(n' t%at Fep&ty Ma$%em w(ll )e test(0y(n' (n t%e $ase alon' w(t% R($%ard :(ll and
Casey =a.er+
C do t%(n. t%at t%ere are some (nterest(n' an'les to t%e $ase &pon w%($% a de0ense $an )e )ased and C
w(ll )e p&rs&(n' t%ose an'les+ C %a/e as.ed yo& (n pre/(o&s e@ma(ls to pro/(de (n0ormat(on w%($% C
)el(e/e w(ll )e %elp0&l to t%e de0ense o0 yo&r $ase+
C ad/(se yo& t%at t%e C(ty %as o00ered to re$ommend t(me@ser/ed as a senten$e (0 yo& enter a no@$ontest
plea to trespass+ Ct (s also my &nderstand(n' t%at yo& %a/e ot%er $r(m(nal $ases pend(n' (n )ot% Reno
D&st($e Co&rt and (n t%e Se$ond D&d($(al F(str($t Co&rt o0 t%e State o0 Ge/ada+ Ct (s my &nderstand(n'
0&rt%er t%at all o0 t%e $r(m(nal $ases $an )e resol/ed (n a s(n'le plea to a m(sdemeanor o00ense (0 yo&
w(ll o)ta(n psy$%olo'($al $o&nsel(n'+ Ct (s my o)l('at(on to (n0orm yo& o0 t%e a/a(la)(l(ty o0 t%ese
resol&t(ons to t%e present $r(m(nal $ase (n w%($% C pro/(de representat(on+ C w(ll, o0 $o&rse, a)(de )y
yo&r de$(s(on as to w%et%er to a$$ept t%ese resol&t(ons or not+
C note t%at t%ere (s a psy$%(atr($ e/al&at(on s$%ed&led 0or yo& (n nd D&d($(al F(str($t Co&rt Case Go+
CR"@23<E on Apr(l 3, 2"+ T%e o&t$ome o0 t%at e/al&at(on $o&ld %a/e an (mportant (mpa$t on t%(s
$ase+ C am as.(n' t%at yo& a&t%or(-e a release o0 t%e (n0ormat(on $onta(ned (n t%e e/al&at(on to me so
t%at C may determ(ne w%at (mpa$t (t $o&ld %a/e on yo&r )e%al0 (n t%(s $ase+
C rema(n prepared to represent yo& (n t%e trespass $ase+ C t%(n. t%at a tr(al o0 t%e $ase w(ll )e (nterest(n'+
My representat(on, %owe/er, (s $(r$&ms$r()ed )y t%e Ge/ada R&les o0 Pro0ess(onal Cond&$t+
Ke(t% Loom(s
"8/"
Sent4 T&esday, Mar$% "3, 2" 84I PM
Fear Mr+ Loom(s,
Cn yo&r mot(on to d(sm(ss, C wo&ld l(.e yo& to really 0o$&s on and set 0ort% to t%e $o&rt t%e 0a$t t%at t%e
e/($t(on order needed to )e ser/ed (n $ompl(an$e w(t% GRCP E5a6 and E5e6+ GRS 82+822 R&les o0
pra$t($e+ T%e pro/(s(ons o0 GRS, Ge/ada R&les o0 C(/(l Pro$ed&re and Ge/ada R&les o0 Appellate
Pro$ed&re relat(/e to $(/(l a$t(ons, appeals and new tr(als, so 0ar as t%ey are not (n$ons(stent w(t% t%e
pro/(s(ons o0 GRS 82+2 to 82+82, (n$l&s(/e, apply to t%e pro$eed(n's ment(oned (n t%ose se$t(ons+
T%e lan'&a'e a)o&t Premo/(n' t%e tenant w(t% (n 8 %o&rs o0 re$e(pt o0 t%e orderP (s only appl($a)le to
t%ose s(t&at(ons w%ere t%e tenant does not 0(le a TenantMs Answer or TenantMs A00(da/(t+ C d(d 0(le s&$% a
TenanMts A00(da/(t, and l(t('ated t%e matter t%oro&'%ly+ Cn t%ose s(t&at(ons, GRS 82+822 reN&(res GRCP
to apply, spe$(0($ally GRCP E5a6 and E5e6, and $learly 7CSO Ma$%em 5please s&)poena and (dent(0y
as w(tnesses Mary Kandaras, EsN+ o0 t%e 7CFA C(/(l F(s/(s(on, 7CSO Fep&ty Ma$%em, and 7CSO
C(/(l F(/(s(on s&per/(sor L(- St&$%ell 0or t%e tr(al (n t%(s matter, and 0&rt%er send o&t a reN&est 0or
prod&$t(on and s&)poena d&$es te$&m to t%e 7CFA and t%e 7CSO as.('n t%em to spe$(0y, (n wr(t(n'
and (n deta(l, t%e eJa$t pro$ed&res and pol($(es (n pla$e w(t% respe$t to t%e ser/($e and $ond&$t(n' o0
s&$% lo$.o&ts 5(e, not de0a&lt lo$.o&ts w%ere t%ere (s not a s&mmary e/($t(on %ear(n', )&t oneMs l(.e t%e
present one, w%ere t%ere was a TenantMs Answer and %ear(n' %eld, et$++++6+ =e s&re to as. w%et%er t%e are
aware o0 w%at Ppersonally ser/edP means, and w%et%er t%ey ma(l t%e Orders on top o0 merely post(n'
t%em to t%e door+ 3&rt%er, C %a/e )een told t%at t%e 7CSO %as a pol($y or penatly system (n pla$e
w%ere)y t%e dep&t(es m&st 'et t%ese lo$.o&ts per0ormed Pw(t%(n 8 %o&rs o0 re$e(pt o0 t%e orderP t%e
re$e(pt )e(n' t%e 7CSOMs re$e(pt, and not t%e tenantMs re$e(pt+ C donMt n$essar(ly read t%e stat&te t%at
way, )&t++++t%e 7CSO pol($y and p&n(s%ment system wo&ld )e at least some (nd($at(on o0 w%at t%e
le'(slat&re meant 5C '&ess, )&t C dontM really t%(n. so, t%o&'%, yo& w(ll note t%at :(ll was le0t w(t%
not%(n' )&t $(t(n' to t%e P&s&al and $&stomary pra$t($e o0 t%e 7CSOP (n ser/(n' t%e E/($t(on ORders
and per0orm('n lo$.o&ts, C )el(e/e, )e$a&se t%e law does not $onta(n m&$% to s&pport :(llMs $ontent(on
and t%ere0ore %e w(s%es to see t%e 7CSO P$&stomary pra$t($esP )e(n' '(/en t%e we('%t o0 law+
Please see some spe$(0($ sele$t(ons atta$%ed 0rom t%e e/($t(on matter+ C .now, C .now, yo& want to
$&rta(l t%e s$ope o0 yo&r representat(on to an (mma$&late de'ree++++)&t :(ll $an $learly )e seen (n %(s
/ar(o&s Mot(on to S%ow Ca&se, State =ar Gr(e/an$es, Temproary Prote$t(on Order Appl($at(ons, et$+,
et$+, to )e a p&n. w%o doesnMt m&$% l(.e $ompet(n' on an e/en play(n' 0(eld, l(.e any 'ood pr(/ate
s$%ooler, %e wo&ld rat%er s($. an atta$. do' on some)ody t%an 'et (n t%e o$to'on and 'o toe to toe
mentally+ Re'ardless, :(ll s%ows a $ont(n&al des(re to s&)/ert GRCP E5e6, w%($% appl(es to ser/($e o0
do$&ments 0(led ele$ron($ally (n t%e Se$ond D&d($(al F(str($t Co&rt+ :e wo&ld rat%er w(t%%old oppos(n'
$o&nsels $omp&ters, laptops, $l(ent 0(les, dr(/erMs l($ense, et$+ T%e last t%(n' %e wants (s to 'o ar'&ment
0or ar'&ment, resear$% 0or resear$%, wr(t(n' 0or wr(t(n'+ Pr(/ate s$%ool and daddyMs plead(n' )an.+ :(ll
0(les a Mot(on to S%ow $a&e alle'e(n' Co&'%l(n s&)/reted an Order t%at was 0(led on Dan&ary ""t%,
2" w(t% Co&'l(nMs a$t(on o0 Dan&ary "t%, 2"+ Under GRCP E5e6, t%e Order Feny(n' t%e TRO %ad
not e/en )een ser/ed yet, and t%ere %as )een no (nd(d$at(on t%at :(ll 'a/e t%e Order at t%e town d&mp
to anyone ot%er t%an an RPF O00($er+
3&rt%er, (t (s not all t%at $lear w%y :(lls Mot(on 0or ORder to S%ow Ca&se deser/es a 0&ll )lown
%ear(n' w%en F< does not (nd($ate a %ear(n' w(ll )e a$$orded to t%e appeal+ T%(s (s part($&larly s&spe$t
'(/en t%at An/&( sets 0ort% t%at appeals (n s&mmary e/($t(on matters are done on a tr(al de no/o )as(s+
T%ere are a n&m)er, )&t %ow a)o&t yo&r $omplete la$. o0 $omm&n($at(on w(t% me pr(or to so sett(n'
t%at date+ :ow a)o&t Mr+ Ta(tel and Mr+ P&entesMs 0a(l&re (n t%(s matter and t%e pre,&d($e to my $ase so
$reated? :ow a)o&t yo&r 0a(l(n' to (dent(0y yo&rsel0 as t%e p&)l($ de0ender to a room 0&ll o0 de0endants
"1/"
(n ,a(l at t%e arra('nment?
T%ere are ot%er reasons as well, (n$l&d(n', )&t not l(m(ted to, yo&r res(stan$e to s&)poena t%e mater(als
C %a/e and am reN&est(n'+
C w(s% 0or yo& to s&)poena t%e personnel 0(les o0 )ot% RPF Sar'ent Mon($a Lope- and O00($er C%r(s
Carter+ C w(s% 0or yo& to l(st Fr+ Merl(ss as a w(tness and s&)poena %(s appearan$e and appropr(ately
not($e t%e C(ty o0 Reno (n t%at re'ard, same 'oes 0or R($%ard :(ll and Casey =a.er 5=a.er, )y letter
dated Go/em)er "2t%, 2"" demands t%e 0&ll rental /al&e 0or t%e property as Pstora'eP &nder GRS
82+13, w%(le also assert(n' %e w(ll 'o a0ter mo/(n' and (n/entory $osts, (n add(t(on to :(llMs $ontra$tor
P%(l Stewarts later r(d($&lo&s $%ar'es and per,&ry+ Please s&)poena Stewart as well+
Most (mportantly s&)poena 7as%oe Co&nty S%er(00Ms O00($e Fep&ty Ma$%em to test(0y and ser/e a
s&)poena d&e$es te$&m, reN&ests 0or prod&$t(on, and (nterro'ator(es see.(n' re$ords and responses
0rom t%e 7CSO as set 0ort% (n t%e letter C sent L(- St&$%ell 5see atta$%ed6 on or a)o&t 3e)r&ary "2t%,
2"+ Oo& see, t%e 7CSO and Fep&ty Ma$%em may )e $omm(tt(n' a 0ra&d &pon t%e p&)l($ )y
repeatedly 0(l(n' a00(da/(ts o0 ser/($e t%at attest to personal ser/($e w%ere L(- St&$%ell, o0 t%e 7CSO
adm(ts t%at t%ey $learly do not .now, or $%oose to Prem(JP t%e le'al mean(n' o0 Ppersonally ser/eP+
3&rt%er, please (n0orm t%e C(ty o0 Reno and appropr(ately not($e t%e same as to t%e eJ(sten$e and (ntent
to o00er (nto e/(den$e a /(deo o0 R($%ard :(ll, EsN+, adm(tt(n' t%at %e and %(s 0(rm, on )e%al0 o0 Fr+
Merl(ss, were w(t%%old(n' t%e a$$&sed personal property, (n add(t(on to t%e $l(entMs 0(les 0rom t%e
0ormer $ommer$(al lease %ome law o00($e o0 t%e a$$&sed and assert(n' a l(en, &nder GRS 82+13 0or
Pstora'eP, %owe/er, as t%e /(deo tape s%ows, :(ll adm(ts to $%ar'(n' t%e &nders('ned t%e same VI22 per
mont% rent as was $%ar'ed 0or t%e P0&ll &se and o$$&pan$yP o0 t%e prem(ses at "" R(/er Ro$. St+,
Reno, G; !I1"+ :(ll 0&rt%er demands t%at property )e remo/ed (n a $erta(n order, re'ardless o0
w%et%er %(s art($(0($ally (n0lated l(en was pa(d or not+ Add(t(onally, :(ll $omm(tted 0ra&d &pon t%e $o&rt
(n a n&m)er o0 (nstan$es and 0(led 0alse pol($e reports w%ere(n %e alle'es t%at %e a'reed to or ot%erw(se
made a/a(la)le to t%e a$$&sed (tems s&$% as t%e a$$&sedMs $l(ents 0(les 5and 0or a t(me wallet and state
(ss&ed dr(/erMs l($ense6 w%ere, $learly, w(t%o&t reN&(r(n' any payment )y t%e a$$&sed, %owe/er, $learly,
t%e 0a$ts s%ow t%at :(ll ne/er a$t&ally l(/ed &p to t%ose assert(ons and repeatedly 0a(led to s%ow
pro/(de s&$% (tems a)sent payment o0 %(s art(0($ally (n0lated l(en+
3&rt%er, C w(s% 0or yo& to d(/&l'e and pro/(de not($e t%at (t (s a/a(la)le 0or p($.&p and t%at we (ntent to
(ntrod&$e (nto e/(den$e a /(deo o0 RPF Sar'ent Mon($a Lope- adm(tt(n' t%at s%e and RPF O00($er
Carter d(d not (dent(0y t%emsel/es as pol($e o00($ers or ot%erw(se as. t%e a$$&sed to lea/e "" R(/er
Ro$. St+ on t%e date o0 t%e arrest pr(or to Merl(ss open(n' t%e door to t%e )asement+ T%(s (s apparently
(n d(re$t $ontrad($t(on to t%e sworn 0(l(n's made )y R($%ard :(ll, EsN+ (n %(s a00(da/(ts atta$%ed to %(s
/ar(o&s Mot(ons to S%ow Ca&se, t%e Reply to Oppos(t(on t%ereto, Oppos(t(on to TRO, et$+, et$+ 5(n RDC
Re/2""@22"<2! and t%e appeal (n C;""@23E!6+ 3or t%at reason alone Merl(ssM presen$e (s reN&(red+
:e was a pre$(p(ent w(tness and yo& are as.(n' me w%y %e s%o&ld )e t%ere? Oo& %a/e a d&ty to
-ealo&sly ad/o$ate on my )e%al0, Mr+ Loom(s+ Oo& are pa(d, )y t%e p&)l($, to do so+ Please d(/&l'e any
pr(or asso$(at(ons yo& %a/e w(t% anyone employed )y or wor.('n as an (ndependent $ontra$tor w(t% t%e
RMC and or t%e Reno C(ty Attorney, (n$l&d(n' anyone yo& went to law s$%ool w(t% or attended t%e
same law s$%ool as, w(t%(n a 1 year per(od+
3&rt%er, C w(s% 0or yo& to 0(le a mot(on see.(n' a m(str(al or ot%erw(se reN&(r(n' t%e re$&sal o0 t%e RMC
and 0&rt%er d(s$los(n' w%y (t (s t%at D&d'e Gardner seem(n'ly %as re$&sed D&d'e F(lwort% 5w%y
wo&ldnMt D&d'e F(lwort% re$&se D&d'e F(lwort%?6 (n one $ase, w(t%o&t deta(l(n' w%y eJa$tly, w%(le
D&d'e Gardner apparently (s (ntent on rema(n(n' on (n "" CR E821, desp(te t%e 0a$t t%at an apparent
$on0l($t eJ(sts, one w%($% %e only d(s$losed &pon prompt(n' 0rom t%e a$$&sed, w(t% respe$t to D&d'e
GardnerMs /ery re$ent employment w(t% t%e Reno C(ty AttorneyMs o00($e and t%e eJ(st(n' and or )rew(n'
l(t('at(on 5or, at least, poss()le l(t('at(on6 )etween t%e a$$&sed and t%e C(ty o0 Reno, Reno C(ty
"E/"
Attorney, and poss()ly, t%e RMC+
@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@
Fate4 Mon, " Mar 2" 2I4E431 @2<22
C $an do t%at (0 t%ere (s a 'ood reason to /a$ate t%e date+ 7%at (s t%e reason?
Ke(t%
Sent4 3r(day, Mar$% 2I, 2" E4! PM
Please 0(le somet%(n' w(t% t%e $o&rt see.(n' to /a$ate t%at tr(al date and eJpla(n(n' t%at yo& 0a(led to
e/en on$e $ons&lt w(t% yo&r $l(ent pr(or to sett(n' (t+
@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@
S&),e$t4 Tr(al Fate
Fate4 3r(, I Mar 2" "24884"< @2!22
See atta$%ed
3&ll /(ew
W
W
=a$. to messa'es
RE4 ( was e/($ted 3 "1 ", ( need a $ont(n&an$e?
423 PM
Ke(t% Loom(s
Sent4 7ed 3/!/" 423 PM
Fear Mr+ Co&'%l(n4
T%(s messa'e (s sent to address (ss&es ra(sed (n t%e e@ma(l yo& sent on 3@E@"+
"+ Please note t%at yo& are 0ree to send t%e $omm&n($at(ons yo& send to me, to anyone else yo& des(re+
Oo& s%o&ld )e aware t%at send(n' yo&r $omm&n($at(ons to ot%er part(es w(ll $a&se yo&r
$omm&n($at(ons to me to lose t%e(r attorney@$l(ent $on0(dent(al(ty+
+ 3or w%at spe$(0($ p&rposes do yo& need a $ont(n&an$e? A $ont(n&an$e p&rely 0or t%e p&rpose o0
delay (s not a proper reason 0or a $ont(n&an$e+
3+ 7%et%er yo& are ent(tled to e@ma(l t%e Reno M&n($(pal Co&rt (s not my $on$ern+ T%at (s a pro)lem to
)e addressed )etween yo& and t%e Co&rt+
8+ Ms+ Fra.e (s no lon'er t%e attorney %andl(n' yo&r $ase 0or t%e Reno C(ty AttorneySs O00($e+ Oo&r
$ase (s now )e(n' %andled )y C%r(stop%er :a-lett@Ste/ens, EsN+
1+ Cn response to yo&r N&est(on re'ard(n' t%e wea.nesses o0 t%e trespass(n' $ase C o00er t%e 0ollow(n'4
"</"
a+ T%e $ompla(nt (s de0($(ent (n t%at (0 0a(ls to set 0ort% t%e elements o0 t%e $r(me o0 trespass+ Ct 0a(ls to
(dent(0y w%et%er yo&r presen$e on t%e prem(ses was 0or t%e p&rpose to /eJ or annoy t%e owner or
o$$&pant o0 t%e prem(ses or w%et%er (t was an entry onto t%e prem(ses a0ter a warn(n' not to so
trespass+ T%(s (s pro)a)ly eas(ly remed(ed )y an amendment at t%e t(me o0 tr(al+ Ge/ert%eless t%ese are
alternat(/e t%eor(es on w%($% a trespass $ase $an )e p&rs&ed and t%e de0endant (s ent(tled to .now on
w%($% t%eory or t%eor(es a $ase (s )e(n' prose$&ted (n ad/an$e o0 s%ow(n' &p 0or tr(al+
)+ Oo& 0(led an appeal on O$to)er "I, 2"", apparently, o0 t%e order made )y D&st($e o0 t%e Pea$e
S0erra--a on O$to)er "3, 2""+ T%at order den(ed yo&r reN&est 0or a $ont(n&an$e and 'ranted s&mmary
e/($t(on &nless yo& 0(led a depos(t w(t% t%e $o&rt+ Typ($ally t%e $o&rts lose ,&r(sd($t(on to r&le on ot%er
matters (n t%e $ase on$e an appeal (s ta.en+ Ct (s $lear 0rom t%e $o&rt re$ords t%at t%(s appeal was
pend(n' )e0ore t%e Se$ond D&d($(al F(str($t Co&rt at t%e t(me t%e $o&rt %eld a %ear(n' on t%e &nlaw0&l
deta(ner on O$to)er 1, 2""+ Ct may well )e t%at t%e D&st($e Co&rt lost ,&r(sd($t(on to %old t%e e/($t(on
%ear(n' w%(le t%e appeal was pend(n'+
$+ C am wor.(n' on some ot%er t%o&'%ts+
E+ C0 yo& are d(ssat(s0(ed w(t% t%e way C am represent(n' yo&, yo& rema(n 0ree to see. a new attorney+
<+ Anot%er $%&$.le re'ard(n' my owners%(p o0 str(p $l&)s+ C donSt own or %a/e any owners%(p (nterest
(n any str(p $l&)s, )rot%els, ad&lt )oo. stores or mo/(e %o&ses+ C '&ess t%at lea/es me 0ree to moral(-e+
!+ C st(ll donSt see t%e (mportan$e o0 Fr+ Merl(ss+ T%e reN&est 0or payment o0 an amo&nt eN&al to rent,
was 0or stora'e o0 yo&r personal property+ Oo& are ent(tled to $ontest t%e amo&nt o0 t%e stora'e 0ee,
w%($% yo& d(d+ T%ere (s no $red()le e/(den$e anyw%ere w%($% s&''ests t%at anyone (ntended to reopen
or $reate a new tenan$y allow(n' yo& to reta(n possess(on o0 t%e prem(ses+
I+ Fr+ Merl(ss (s an o&t o0 state w(tness+ Cn order to $ompel %(s appearan$e, %(s test(mony m&st )e
mater(al+ GRS "<8+815"6+ Ct does not appear t%at %(s test(mony (s mater(al &nder t%e (n0ormat(on yo&
%a/e pro/(ded 3&rt%er, &nder GRS "<8+8156 %e (s ent(tled to )e pa(d %(s s&)s(sten$e and tra/el
eJpenses (n$&rred (n $om(n' to Ge/ada+ Are yo& prepared to pay t%ose eJpenses (n ad/an$e o0 %(s
$om(n' to Ge/ada?
"2+ C donSt (ntend to 0aJ or e@ma(l to yo&, yo&r 0&ll 0(le (n t%(s $ase+ Oo& already %a/e e/eryt%(n' w(t%
t%e eJ$ept(on o0 a $o&ple o0 (tems w%($% C ma(led to yo&r old address+ C w(ll send t%em a'a(n to yo&r
new address+ C0 yo& want to re/(ew t%e 0(le yo& are wel$ome to do so at my o00($e+ C0 yo& want $op(es
o0 anyt%(n' (n t%e 0(le yo& may mar. t%e (tems+ A0ter '(/(n' yo& a $ost est(mate, 0or w%($% C reN&(re
payment (n ad/an$e, we w(ll pro/(de yo& w(t% $op(es o0 t%e mar.ed (tems+
Ke(t% Loom(s
Sent4 Monday, Mar$% E, 2" "2433 PM
To4 .e(t%loom(s*eart%l(n.+net9 sterm(t-*s)$'lo)al+net9 ,md*randa--a+$om9 ,)oles*$allat'+$om9
.r(st(emann(n'*ya%oo+$om9 .adl($,*reno+'o/
S&),e$t4 ( was e/($ted 3 "1 ", ( need a $ont(n&an$e
Fear Mr+ Loom(s,
C was wron'0&lly e/($ted on 3 "1 ", and C need a $ont(n&an$e (n t%e $r(m(nal trespass matter t%at yo&
set o/erly N&($.ly a'a(nst my eJpress w(s%es anyway+ My a)(l(ty to $olle$t e/(den$e ne$essary to my
de0ense and ot%erw(se prepare %as )een ad/ersely a00e$ted+ Add(t(onally, C donMt 0eel as t%o&'% yo& are
per0orm(n' (n an appropr(ate manner as de0ense $o&nsel, )&t rat%er yo& seem st&$. (n yo&r
prose$&tor(al ways, too N&($. to loo. 0or any eJ$&se w%atsoe/er to )&ry oneMs $ase, so C t%(n. yo& %a/e
0or$ed a spl(t %ere, w%($% 0&rt%er pre,&d($es my $ase and a&'ers towards a $ont(n&an$e+ Please mo/e
0or one (mmed(ately and $opy me on my ent(re 0(le )y ema(l and 0aJ please+ Add(t(onally, please see.
$lar(0($at(on 0rom t%e RMC as to w%et%er C am allowed to e/er send an ema(l to
renom&n($re$ords*reno+'o/+ Please note, today, D&d'e 3lana'an den(ed R($%ard :(llMs latest 0r(/olo&s
"!/"
mot(on+
F(d yo& .now t%at Ke/(n Kelly, o0 t%e State =ar o0 Ge/adaMs C%ara$ter and 3(tness Comm(ttee 0or at
least t%e last de$ade owns and r&ns t%e Spearm(nt R%(no str(p $l&) (n Las ;e'as4
%ttp4//www+re/(ew,o&rnal+$om/l/r,L%ome/22/Mar@2E@7ed@22/news/"!8"81+%tml
C .now C always l(.e my t%ree %o&r to&rs o0 %ea/y %anded moral(-(n' 0rom someone w%o r&ns a
monol(t%($ str(p $l&) (n Las ;e'as+
Oo& are on t%e State =ar o0 Ge/adaMs 0ee d(sp&te $omm(ttee, arenMt yo& Mr+ Loom(s? Fo yo& own any
str(p $l&)s?
Mr+ Loom(s, w%($% o0 t%e elements o0 t%e trespass $%ar'e RMC !+"2+282 do yo& 0eel are wea.est 0or
Fep&ty C(ty Attorney D(ll Fra.e, w%om C (n0ormed a)o&t t%e adm(ss(on )y Reno PF O00($er C%r(s
Carter t%at R($%ard G+ :(ll, EsN+ )r()es %(m, )&t 0or w%($% Ms+ Fra.e (nd($ated a $omplete la$. o0
(nterest and eJpressed t%at s%e wo&ld not )e 0ollow(n' &p on t%at report o0 )r()ery o0 a RPF O00($er+
Mr+ Kadl($, please pla$e a $opy o0 t%(s $orresponden$e (n D(ll Fra.eMs personnel 0(le+ Add(t(onally
please pla$e one (n All(son OrmaaMs personnel and employment 0(le too, (n add(t(on to Fep&ty C(ty
Attorney Fan 7on'Ms employment 0(le, as all t%ree o0 t%ose Fep&ty C(ty AttorneyMs were pro/(ded t%at
report and all t%ree (nd($ated t%ey d(d not $are and %ad no (ntent(on o0 0ollow(n' &p or ot%erw(se
(n/est('at(n' t%e adm(ss(on )y RPF O00($er C%r(s Carter t%at R($%ard G+ :(ll, EsN+ )r()ed %(m+ C t%(n.
t%e 0a(l&re to 0ollow &p )y any o0 t%ese 3 Fep&ty C(ty AttorneyMs relates to any 0&t&re ne'l('ent %(r(n',
tra(n(n', and s&per/(s(on $la(ms t%at t%e Reno C(ty Attorney may need to de0end a'a(nst w%en
represent(n' t%e Reno PF l(.e (t d(d (n t%e Eeo0 /+ P(tsno'le $ase4
%ttp4//www+l/r,+$om/news/reno@o00($(al@a$$&sed@o0@w(tness@tamper(n'@""E1!E1!+%tml
Oo& .now, Fep&ty C(ty Attorney OrmaasMs de$(s(on to p&s% on 0or t%at V<2 tra00($ t($.et (s loo.(n'
more and more (nterest(n'+ BB
O%, and, Mr+ Loom(s, Fr+ Merl(ss presen$e (s ne$essary )e$a&se %(s &nderstand(n' o0 t%e eJtent to
w%($% %(s attorney, R($%ard G+ :(ll, EsN+ %ad e00e$t(/ely res$(nded any e/($t(on Order )y send(n' a )(ll
0or t%e same amo&nt as 0&ll &se and o$$&pany o0 t%e lo$at(on at "" R(/er Ro$. St+ 'oes to t%e
s&)stan$e o0 t%e elements 0o&nd (n RMC !+"2+282 as well as t%e $red()(l(ty o0 )ot% Merl(ss and :(ll+
S(n$erely,
Close Pr(nt
3&ll /(ew
W
W
=a$. to messa'es
RE4 rm$ "" $r E821 yo& are appo(nted $o&nsel? 0or p&entes ne ta(tel??
/</"
Ke(t% Loom(s
To M#a$% Co&'%l(nM
Sent4 Mon /</" 34< PM
Mr+ Co&'%l(n4
E@ma(l wor.s well 0or me+
Ke(t% Loom(s
Sent4 Monday, 3e)r&ary <, 2" <41E AM
"I/"
S&),e$t4 rm$ "" $r E821 yo& are appo(nted $o&nsel? 0or p&entes ne ta(tel?
%(, ( '&ess Mr+ Loom(s was appo(nted as my 3rd de0ense attorney (n RMC $ase "" $r E821+ C %a/e not
%eard anyt%(n' a)o&t t%(s $ase, and t%e RMC (nd($ated t%ey %ad not%(n' s$%ed&led+ Please
$omm&n($ate w(t% me only /(a ema(l or 0aJ please, %a/(n' (ss&es w(t% my ma(l (n$(dent to domest($
/(olen$e $omm(tted a'a(nst me my 0aJ (s I8I EE< <82+ t%an.s,
#a$% Co&'%l(n
3&ll /(ew
W
W
=a$. to messa'es
$o&rt date?
3/21/"
Ke(t% Loom(s
To M#a$% Co&'%l(nM
Sent4 Mon 3/21/" 842I PM
Mr+ Co&'%l(n4
Ke(t% Loom(s
3&ll /(ew
W
W
=a$. to messa'es
RE4 $o&rt date?
3/2</"
Ke(t% Loom(s
Sent4 7ed 3/2</" 843E PM
Mr+ Co&'%l(n4
On w%at 'ro&nds, ot%er t%an t%ose already set 0ort% (n yo&r eJ(st(n' mot(on, do yo& )el(e/e a mot(on to
d(sm(ss s%o&ld )e 0(led?
Ke(t% Loom(s
Sent4 7ednesday, Mar$% 2<, 2" "481 AM
Mr+ Loom(s,
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CASE NO. CV11-03628 ZACHARY COUGHLIN vs MATTHEW MERLISS

DATE, J UDGE
OFFICERS OF
COURT PRESENT APPEARANCES-HEARING ________________
3/23/12
HONORABLE
PATRICK
FLANAGAN
DEPT. NO. 7
M. Conway
(Clerk)
S. Koetting
(Reporter)

ORDER TO SHOW CAUSE
Zachary Coughlin, Esq. was present in Court, acting in proper person.
Casey Baker, Esq. and Richard Hill, Esq. were present in Court on behalf of the
Defendant, who was not present.
11:00 a.m. Court convened.
The Court presented a brief procedural history of the case at bar including the
proceedings at the lower court level.
Counsel Coughlin addressed the Court and moved for a continuance.
COURT ORDERED: Motion to Continue: DENIED.
Counsel Baker requested the Court take judicial notice of: the Order Resolving Motion to
Contest Personal Property Lien filed in J ustice Court on December 21, 2011, this Courts
Order, dated J anuary 11, 2012 which was e-filed and e-served on the Plaintiff, that the
Plaintiff is a registered e-filer, and take judicial notice of the Notice of Entry of Order also
filed on J anuary 11, 2012, including the certificate of service.
Counsel Baker called Phil Stewart, who was sworn, direct examination conducted.
Counsel Coughlin moved for this Court to appoint counsel to represent him, arguing that
he is indigent.
COURT ORDERED: Motion for the Appointment of Counsel: DENIED.
Cross-examination conducted.
The Court took judicial notice of all pleadings in this case.
11:40 a.m. Short recess.
11:50 a.m. Court reconvened.
Phil Stewart resumed the stand, heretofore sworn, and cross- examination continued.
Counsel Coughlin invoked the rule of exclusion, as it relates to Counsel Richard Hill.
Motion: DENIED. Cross-examination continued.
The Court advised counsel that the Courthouse closes at noon on Friday, therefore this
matter will be continued. The Court, counsel, and the witness discussed various dates.
COURT ORDERED: Matter continued for Order to Show Cause to Monday, March 26,
2012 at 10:00 a.m.
12:08 p.m. Court stood in recess.
F I L E D
Electronically
03-23-2012:04:12:42 PM
Clerk of the Court
Close Print
RE: does Richard Hill have standing to file a grievance
From: Patrick King (PatrickK@nvbar.org) This sender is in your safe list.
Sent: Fri 3/23/12 10:56 AM
Dear Mr. Coughlin,

Please come to see me and I will show you the letter and documents from the Court.

Patrick King

Sent: Friday, March 23, 2012 10:39 AM
To: Patrick King
Subject: RE: does Richard Hill have standing to file a grievance

Mr. King,
This is the very first time you allege anyone other than Mr. King filed or alleged a
grievance. Please provide any documentation or proof related to these apparent
communications from judges that you are only now bringing up.
Sincerely,
Zach Coughlin, Esq., PO BOX 60952, RENO, NV, 89506, tel: 775 338 8118, fax: 949 667 7402; ZachCoughlin@hotmail.com Nevada Bar
No: 9473
From: PatrickK@nvbar.org
Subject: RE: does Richard Hill have standing to file a grievance
Date: Fri, 23 Mar 2012 17:18:34 +0000
Dear Mr. Coughlin,

I have repeatedly expressed my interest in having a meeting with you to discuss the grievances against you. You
claim to be too busy to meet with me, yet you have time to write lengthy e-mails and apparently to do legal research.

You asked if Mr. Hill has standing to file a grievance against you. Not only does he have standing to file a
grievance, as a lawyer in Nevada he may have an ethical obligation to report to the State Bar. As I have explained to
you, the grievances against you came not only from Mr. Hill but also from Judges from different Courts. These grievances,
and the evidence attached with them, rather clearly puts into question your competence to practice law. As I have
explained to you, I will make the evidence and exhibits available to you when you come to inspect them at my office. I
will not send you reports or document, especially since you claim your mail is being compromised.

As for the grievances you have made, nothing that you have submitted appears to show an ethical violation that
could be proved by clear and convincing evidence, which is the standard of proof required in disciplinary matters. As
such, at this time we have not opened any files based on the information you have submitted.

Sincerely,

Patrick King

Sent: Friday, March 23, 2012 9:12 AM
To: Patrick King; cdbaker@richardhillaw.com
Subject: does Richard Hill have standing to file a grievance

American J urisprudence Trials
Database updated April 2011
Defending Lawyers in Disciplinary Proceedings
31 Am. J ur. Trials 633 (Originally published in 1984)
III Attorney-Client Grievances
10 In general
11 Sources of complaints and grievances; checklist
12 Former criminal clients
13 Particular problem clients
14 Fee disputes; checklist of factors of reasonableness
15 Arbitration; forms
16 Fee dispute committee hearings; illustrative testimony

Chapter 13 debtors' attorney violated Nevada rule of professional conduct defining
professional
misconduct to include engaging in conduct involving dishonesty, fraud, deceit, or
misrepresentation
and engaging in conduct prejudicial to administration of justice, where attorney, acting in
bad faith,
filed documents which he or someone in his office generated to falsely certify debtors'
completion of
required credit counseling course and which he knew, or should have known, that debtors
did not
sign or otherwise adopt, and also certified documents as being completed by debtors. 11
U.S.C.A.
109; Nev.Rules of Prof.Conduct, Rule 8.4. In re Pagaduan, 429 B.R. 752 (Bankr. D. Nev.
2010).

Mr. King, could you please update me on that status and progress of the various grievances
I filed recently in addition to providing a detailed summary of the content of all of your
correspondences, written or otherwise, and telephone communciatiosn with Richard Hill or
anyone with his office. Further, please state whether Casey Baker is part of the grievance,
as Hill asserts he is filing it on Mr. Baker's behalf.

Sincerely,

Or, is Hill attempting to leverage the State Bar of Nevada's Bar Counsel to create "busy
work" for opposing counsel?
Zach Coughlin, Esq., PO BOX 60952, RENO, NV, 89506, tel: 775 338 8118, fax: 949 667 7402; ZachCoughlin@hotmail.com
Nevada Bar No: 9473
Reduce all fee considerations to writing If a proper understanding between counsel and client
concerning attorney's fees for the representation has not been arrived at in the initial interview, it should
be immediately settled and reduced to writing.[25] [] stablish a fund for costs ! fund for costs
normally will include enough money for a refund of the client's fees, court transcripts, if necessary, and
incidental e"penses such as photocopying costs and long distance calls. #inety percent of all
grievances can be settled with a fund of $%,&&& or less. 'hus, it becomes obvious that most disciplinary
actions against attorneys are unnecessary and could have been easily avoided by their early retention of
a competent lawyer. (hile the accused cannot settle the matter, an ob)ective attorney, acting in the best
interest of the accused, usually can. [] *ommunicate with bar counsel *ounsel must remember that the
investigating bar attorney is usually in private practice, prominent in his field and very busy. +is sole
desire is to have the matter disposed of fairly and promptly, so that he can tend to his own practice.
arly and diplomatic communication with him is often an important first step toward settling the
grievance. [] If permissible, tal, to the complainant If the complainant is not represented by an
attorney, he should be promptly interviewed. +owever, the complainant should not be contacted by
telephone- the defense attorney should visit him in person. If the canons of ethics permit, the
conversation should be taped, provided counsel bears in mind that many states provide that taping a
conversation without the ,nowledge of the person being taped is illegal and a violation of ethical
standards. .ost attorneys prefer to conduct the interview with the tape recorder in plain sight. 'he best
method the author has found to get the complainants to open up is to simply say/ 0I need to hear your
side of the story, I need to find out what really happened. 1ou fol,s may be totally correct, and if so, I
need to ,now that, to advise my client.0 If possible, and particularly if the defense attorney is a notary
public, a sworn statement should be ta,en, preferably in the handwriting of the complainant, as to all
the facts and details of the complaint. If possible, alternatives for settlement should be included in the
statement. ! chec,list of 2uestions, compiled from the accused attorney's file will be helpful. 'he more
detail counsel can bring out, the better. *ounsel should not hesitate to let relatives give their version of
what the complainant has said to them. 3ften such version will not only be at variance with the truth,
but it may vary from complainant's later version. ! determination should be made as to whether the
complainant is mentally stable and whether he will be an effective witness before the committee. 'he
cross4e"amination should be drawn up from the tapes or from the notes ta,en of the interview. [] .eet
and tal, with the prosecutor 'he meeting should not be tape4recorded, as most prosecutors will ob)ect
to such activity as devious. In any case, attorneys should be able to deal with one another on a
professional basis. !ll the possibilities should be e"plored with the prosecutor. ! determination should
be made as to whether the case would be accepted for criminal prosecution ta,ing into consideration
the amount of money involved. If the matter is due to be presented to the grand )ury, and the prosecutor
is not agreeable to a delay in presenting it, defense counsel should consider writing a letter to the grand
)ury since this can be helpful in delaying the proceedings. 'here is danger in writing such a letter,
however. 5ederal grand )uries should not be contacted, since to contact them directly is a violation of
federal law, and in some cases, state law. Research may be re2uired to determine if counsel may
approach the local grand )ury. 3ccasionally, the attorney4client can avoid an indictment against him by
ma,ing some sort of refund. (here this is the case, a brief delay may be afforded defense counsel to
allow him to discuss the matter with his client. *ounsel, of course, should ta,e full advantage of such
delay. (ith an indictment pending, he should advise his client strongly that standing on principle is
futile. 6 22. 'he role of retained counsel- in general7+andling related malpractice and criminal
charges (here a claim of malpractice has not been formally presented against the client but
circumstances indicate that one will be, counsel should communicate with the client's legal malpractice
insurance carrier and notify it of a potential malpractice claim. 'his is necessary to satisfy the
re2uirement in most policies that the company be notified in the event the insured attorney is in
possession of information which reasonably leads him to believe that a malpractice claim may be filed
against him. 'he provision is designed to allow the malpractice insurance carrier as much time as
possible to investigate a potential claim even though it might not result in a malpractice suit.[28] !
charge of malpractice can be e"pected to follow when a grievance complaint successfully shows
dereliction of duty on the part of the attorney. +owever, an attorney representing the complainant
occasionally will file a malpractice suit against the attorney before the grievance is heard, hoping
thereby to benefit by using the pressure of the disciplinary proceeding to improve his bargaining
position in the malpractice action. 'his may actually be unethical on his part since an attorney may not
use the threat of criminal, or even 2uasi4criminal action to settle related civil litigation. 'herefore, since
the grievance complaint is considered 2uasi4criminal in some )urisdictions,[29] it would follow that an
attorney should not ta,e advantage of the grievance process to settle his civil suit for malpractice
against the accused attorney. !lthough insurance counsel will be concerned mainly with settlement of
the malpractice claim, counsel for the accused attorney should point out that a good result in the
grievance hearing will ma,e settlement of the malpractice suit easier. :ome insurance attorneys are
sympathetic and may agree to use some of their client's resources to settle the grievance as well as the
malpractice suit. 3f course, counsel can e"pect that the client's malpractice insurance will be cancelled
even if the accused attorney prevails. ;p until recent times, most people did not consider a conviction
of driving while into"icated a crime of moral turpitude, particularly where there was no incident
connected thereto that caused loss of life, serious in)ury, or property damage to a third person.
:imilarly, simple negligence in driving leading to a collision or possession of a small amount of
mari)uana has not been considered moral wrongdoing. <rievance committee members ta,e a similar
attitude, being concerned not with the moral principles involved, but only with preventing a recurrence
of the incident.[2=] >uring the course of the investigation, the probabilities of criminal litigation will
become obvious. !ctual criminal prosecution is the e"ception, however. #onetheless, if defense
counsel feels that a criminal investigation is li,ely to result in an indictment, then the possibility of an
agreed to resignation from the bar in e"change for no prosecution should be considered.[2?]
*ooperation in the form of a client interview should not be given to a criminal investigator. 'his does
not, of course, mean that defense counsel should be discourteous or uncooporative in supplying
documents that are easily obtainable at the county cler,'s office. It is simply better practice to not
permit the attorney4client to be interviewed by a criminal investigator, for the probabilities of the client
becoming rude and hostile are very high. If the accused attorney has a good e"planation, or has made
full restitution, or has otherwise acted e2uitably, defense counsel might consider communicating with
the grand )ury.[@&] +owever, this course of action is haAardous for two reasons. 5irst, in all federal
investigations it is a crime to communicate or attempt to communicate with the grand )ury. 'he same
effect can be had by simply writing a letter to the !ssistant ;nited :tates !ttorney handling the grand
)ury presentment and re2uesting that the client be permitted to appear before him and the grand )ury for
2uestioning, in the hopes of preventing an indictment. 3f course, he cannot be compelled to appear
before the grand )ury unless either full or use immunity is granted- but since most of such appearances
would be on a 0re2uest0 basis, he would thus waive his 5ifth !mendment rights, and his statements
before the grand )ury would be admissible at a criminal trial. 'he obvious danger of the client's
testifying before the grand )ury is that the he may ma,e serious admissions during the course of the
2uestioning. 'hus, it goes without saying that before a grand )ury appearance, the accused attorney
should be thoroughly prepared and should confer often with counsel, who in most states is not allowed
to be present in the grand )ury room with his client. :uch conferences should be reasonable, and should
not be held after each 2uestion. 3f course, the district attorney usually has the power not to permit the
appearance of the client before the grand )ury- but in most cases, he will welcome it. If he intends to
indict regardless of the testimony, then the statements of the accused attorney are recorded under oath
and his story can be investigated. 'he prosecutor can, if this grand )ury does not indict, present the
same information to the ne"t grand )ury, without the presence of the accused. 3n the other hand, if the
prosecutor is truly fair minded, an appearance by the client may e"plain any ambiguous points, and
preclude an indictment. ['op of :ection]
6 2B. 'he role of retained counsel- in general7#egotiations with bar counsel Cuite often bar counsel
will be a well4,nown practicing attorney with a large, prominent law firm, that is, an attorney who can
afford to ta,e time off for bar4related activities. +e is li,ely to be middle4aged, wealthy, conservative,
and 2uite busy with his own private practice. +e is also unli,ely to be sympathetic to an unrepresented
accused attorney, and will find it difficult to understand the problems of young, sole practitioner, for he
customarily represents corporate clients, insurance companies, and ban,s. +e will probably do no
divorce or criminal wor,, and he is li,ely to be highly specialiAed in his own practice.[@%] +is goal will
be to dispose of the matter as painlessly and as 2uic,ly as possible, and he will resent lac, of
cooperation or a hostile attitude. Dy the time retained counsel enters the case, the accused attorney may
have had two or three bitter confrontations with this attorney, and he may have given him no
cooperation nor shown any contrition. 'he attitude of the investigating attorney is li,ely to be guarded,
if not hostile.[@2] 'he considerable powers of bar counsel should be understood/ he has the authority to
file formal charges and set the case for hearing, or he may dispose of it without further investigation.
+e may sit on a case indefinitely, or he can see that it is thoroughly prosecuted, even getting assistance
of the attorney general's office or the local district attorney. Indeed, occasionally bar counsel may
coordinate his efforts with the local ;nited :tates !ttorney or district attorney for the purpose of
prosecuting a particular attorney for per)ury or for some breach of fiduciary duty. +e may even suggest
to the district attorney that the case be presented to a grand )ury. It is therefore obvious that early in the
case, retained counsel must communicate, in a friendly way with the committee's attorney. +e should
first determine whether the client has offended him and ma,e necessary apologies, although this
courtesy will not always fall on receptive ears. If bar counsel is irreversibly opposed to the client
because of personal animosity, however, he may be amenable to replacement by another attorney. 'his
should be re2uested in a tactful way. !s a general rule, the committee's counsel will be pleased to
suggest prompt methods of settlement. If he ma,es specific suggestions, they should be complied with
if at all possible. 'his is true even where they resolve doubts in matters of e2uity in favor of the
complainant. 'he investigator has the power to see that his wishes are enforced. *oncrete steps should
be proposed and efforts made to determine the bar counsel's attitude toward possible rehabilitation
through !lcoholics !nonymous or psychotherapy treatment or whatever is appropriate of a medical or
educational nature. verything that should obviously be done should be done promptly. 5or e"ample, if
a refund of a few hundred dollars is clearly in order, it should be done speedily. It is wise to coordinate
such efforts with the committee's staff personnel. :ometimes a proposed written agreement for an
immediate specific refund, or attendance at ethics seminars or remedial courses, to be completed within
a given period of time, will be favorably received. 'ric,ery or failing to live up to agreements made are
almost certain to have bad results. 'herefore it is particularly important that any restitution promised be
promptly paid. 3ccasionally, the curative action is simplicity itself, and a re2uest for a letter of apology
to the complainant or the immediate turning over of a file to substitute counsel should be promptly
complied with. +owever, the most important points to ma,e with the investigating bar attorney, where
there is no defense under the facts of the case, are contrition, cooperation, and corrective measures.
'here will be cases, however, where the client has committed no wrongful act and is innocent. It should
be e"plained to the bar attorney that innocence will be the defense and that it will be vigorously
pursued. (ea,nesses in the complainant's case, his or her past criminal or psychiatric history should be
pointed out, and an in2uiry made as to what steps are necessary to settle the matter under those
circumstances. In some )urisdictions, the investigating bar attorney is a full4time employee of the state
bar association, the attorney general's office or an employee of the local )udicial district. 'he approach
in that case will probably be somewhat different. (hereas the committee member participating in the
investigation is seldom compensated for his wor,, counsel employed by a state bar association or the
attorney general's office always is. 'he only e"ception would be a 0special prosecutor0 appointed to
handle a particular, and usually 2uite spectacular, case. 'his is rare, but when it does occur, it usually
involves a political figure or a )udge. !n investigating attorney who is employed full time to investigate
and prosecute grievances will be harder to deal with. +e is less li,ely to be sympathetic to the accused
attorney, particularly if he has a record of prior disciplinary action. #onetheless, most of these
grievance committee prosecutors have more than enough wor,, and they tend to concentrate their
efforts on the worst offenders, those who have been least cooperative, or those who have offended
them. Retained counsel can e"pect closer cooperation with federal criminal or state and local district
attorney investigators if the investigating committee attorney is a state or bar association employee.
*ommittee counsel acts as the prosecutor, and he may have had considerable e"perience wor,ing with
the Internal Revenue :ervice, the 5ederal Dureau of Investigation or comparable state office, and he
may have been a former prosecutor himself. If such an investigating attorney is handling the matter, a
2uic, determination must be made of the probability of criminal prosecution, and possibly serious,
adverse ta" conse2uences.[@@] Regardless of whether the investigating attorney is a committee member
or a state bar or attorney general's employee, the duty of all investigating or prosecuting attorneys is the
same/ to do )ustice. 'hey are bound by the code of professional responsibility )ust as others are.
Regrettably, they do not seem to en)oy hearing that from defense counsel, and reminding them of their
ethical duties will be irritating. #onetheless, most of these investigating attorneys have a heavy
wor,load, and they do tend to concentrate their efforts on those attorneys who are the most obno"ious,
the most infamous, and the least cooperative. Retained defense counsel must also ma,e an early
determination on whether to supply evidence that may build part of a criminal prosecution in the hopes
of gaining leniency before the bar association at the ris, of more severe detriment to his client if
criminal charges are formally pursued. :uch decisions are never easy. In any event, it is generally good
practice at the beginning of representation for an attorney4client accused of professional misconduct to
contact the grievance or hearing committee's counsel and advise him that he may e"pect full
cooperation from counsel and the client, any undelivered file will be forwarded immediately to the
former client or substitute counsel, an informal or formal reply, as appropriate, will be promptly
submitted, and some in2uiry about settlement or some other disposition of the matter will be made
without the filing of formal charges. 6 25. 'he role of retained counsel- in general7:ettlement or
disposition without hearing- form of release :ettlement is the ideal goal in every case. :eldom can any
good come from having a hearing. ven though the accused attorney claims complete innocence, the
committee members may wonder why the matter was not disposed of earlier. 'hey are 2uite aware of
the fact that such matters do not get to the hearing stage without the recommendation of the
investigating bar attorney, who must have found evidence of wrongdoing to )ustify filing formal
charges. 'hus, the defense is faced with a suspicion of some act of misconduct. Eogically, therefore, the
goal of avoiding a hearing is the most desirable one, and the approach ta,en should be one that is least
li,ely to lead to a hearing. It ma,es little sense to set one's goal for a hearing when the use of
diplomacy can avoid it. :ettlement is possible only up to a point prior to the hearing, however. 3nce
the hearing commences, it is usually too late for the accused attorney to settle with the complainant.
'he most satisfactory and beneficial settlements are those reached within two wee,s of the filing of the
complaint. 'he potential for various settlement possibilities are plentiful, but, unfortunately, they are
usually predicated on a commodity in short supply for most attorneys/ money. 3ften it will be
necessary for the client to contact family members and give promissory notes for loans in order to
bargain with cash that may be easily replaced, rather than his license, which cannot. It should be noted
that while it is unethical conduct to 0buy off0 complaining witnesses, nearly all states provide that if the
district attorney either approves or encourages a civil settlement, then disciplinary proceedings may be
avoided. Retained counsel must ma,e certain he violates none of the canons of ethics himself. 'he ,ey
to avoiding trouble is to be open and candid with all concerned. Retained counsel should immediately
ma,e clear to the accused attorney that he is to ta,e no action whatever following representation, and a
careful in2uiry should be made to determine what action he has ta,en to date. Invariably, steps will
have to be ta,en to straighten out the harm that he may already have done. 'he single most important
ingredient for
success is the attitude of the accused attorney. If the grievance committee receives the impression that
he is merely interested in a 0dodge0 to avoid the conse2uences of his acts, then great difficulty can be
e"pected. If on the other hand the accused is genuinely contrite, both in his words and his actions, few
committees are li,ely to ta,e severe action, even in serious cases. 3n the other hand, some attorneys
may attempt some sort of cover4up. 'hey may lie to the committee or may otherwise do great
disservice to their own cause when they are not represented. It should always be ,ept in mind that a
contrite attitude by the accused attorney is a difficult one for a grievance committee to resist,
particularly when it is coupled with a clear and definite plan of corrective action. *ontrition, however,
must always be coupled with cooperation, and cooperation must always be coupled with corrective
action. :hould one of these elements be missing, a good result cannot be e"pected. 3nce defense
counsel ta,es the client firmly in hand, directs a corrective4action program, and, most importantly,
establishes and maintains a good relationship with bar counsel, he may e"pect good results, even in
serious cases. 'he ,ey tas, for the retained attorney is to coordinate the defensive effort with the goal
toward receiving for the accused the least amount of punishment. 5or e"ample, the investigating
attorney for the grievance committee should be informed that the money in dispute has been returned,
and that the young attorney is facing considerable trouble with the district attorney's office for the
drun,4driving, collision, and the mari)uana possession. It may be appropriate in such case, to suggest
that the committee ta,e no action until the criminal matter is e"posed of. If the client is uninsured, and
many will be, defense counsel should see, to settle as much of the case as he can by the mere payment
of money as opposed to disciplinary proceedings. 'his, of course, does not mean fraudulent claims
should be paid. If the claimant comes into the hearing room with unclean hands, having attempted to
e"tort an unfair cash settlement, the committee is entitled to ,now. +owever, in the given fact situation,
there is a claim for a large sum of money the complainant allegedly lost in profit from the sale of the
piece of property. ! full investigation may be re2uired. >id the complainant have full title to the
property, free and clearF (as there a bona fide written offerF >id the complainant have the right to sell
the property without the approval of other heirsF ! malpractice carrier must certainly ,now the answer
to these 2uestions before parting with any money. 'he district attorney's office should be approached
with a similar offer/ 0Decause of the >(I and mari)uana case, the accused attorney is in trouble with
the grievance committee. If a civil settlement with the persons who sustained damage in the car wrec,
can be reached, would the district attorney be willing to dismiss the caseF0 (here changes of
misconduct involve theft, it is best to ma,e the district attorney aware of settlement negotiations and
secure his participation to avoid potentially serious problems in a related criminal proceeding. 'he
person most important to an overall settlement will be the investigating attorney. 'he ,ey to success is
to decide at an early stage upon a specific, reasonable, and achievable course of action, and to stic,
with it. If promises for payment of damages or refunds to clients are made, they must be honored, to
avoid displeasure of the grievance committee. Glans should be made to raise the necessary funds, and
an overall plan to solve all the problems of the accused attorney in one settlement, if possible, should
be made. 'hese plans often include re2uiring attendance at !lcoholics !nonymous meetings,
psychotherapy with a psychiatrist or clinical social wor,er, or, in cases of negligence or e"treme
ignorance, attendance at legal ethics classes, continuing legal education programs, or other remedial or
curative activities. In such cases, the sooner the corrective action is underta,en, the more li,ely good
results can be had. .any of the best plans are implemented months before the hearing. Gersuading the
investigating bar attorney to propose a solution acceptable to all the parties is tantamount to a
successful defense. 'hroughout the attempts at settlement, the bar attorney should be informed of the
status of negotiations, and the position of the accused attorney should be shown as one of
reasonableness. If the investigating attorney is made aware that the complainant is see,ing thousands of
dollars when he lost only a few hundred, he very well may suggest that only the few hundred be
refunded, and may agree to a dismissal of the grievance. :et forth below is a suggested form of release
by the complainant on receipt of the amount agreed to in settlement/ 5orm of release/ RE!:
H#3( !EE .# D1 '+: GR:#':/ 'hat I, IIIIIIIIIIII,[complainant] of
IIIIIIIIIIII[address], in consideration of the sum of IIIIIIIIIIII[amount of settlement] to me in
hand paid by IIIIIIIIIIII[attorney], the receipt of which is hereby ac,nowledged and conferred, and
recogniAed as ade2uate by these presents, for myself, my heirs, e"ecutors and administrators, release
and forever discharge the said IIIIIIIIIIII[accused attorney] of and from all manner of debts,
demands, obligations, liabilities, suits, and causes of action, whatever, against him, the said
IIIIIIIIIIII[accused attorney], in my own right, at the time of e"ecuting these presents. [>ate,
subscription, and other formal parts omitted.] >ismissal of the hearing should always be a part of any
settlement, and all offers should be made ,nown to the investigating attorney and sub)ect to his
approval. 'his will insure his good will- only rarely will he interpose an ob)ection. +owever, the
defense attorney should not ta,e up too much of bar counsel's time. Dar counsel is usually busy with
his private practice- he has his own cases to handle. +e will not appreciate lengthy discussions with the
defense attorney over strategy or the petty details of the loo,ed for solution. .any )urisdictions provide
for a 0letter of caution,0 which is sometimes nothing more than an informal 0if4it's true4you4should4not
have4done4it.0 In other words, the bar is simply pointing out that the accused attorney is on thin ice, has
gotten the attention of the grievance committee, and, while the matter may not be serious enough for
full in2uiry, his conduct could and should improve. In some )urisdictions, the investigating attorney
himself has the authority to issue a letter of caution.[@B] In some )urisdictions, previous letters of
caution may be used to enhance punishment, in others they may not. In some cases the letter of caution
may be issued without a complete investigation, based only on the complaint of the former client and
the answer of the accused. ! letter is fre2uently issued when the accused attorney is not cooperative as
to a minor in2uiry. 3ften the lac, of cooperation is the central theme of the letter of caution.
#onetheless, the letter of caution falls into the milder end of the discipline range provided by law, and
many attorneys can withstand receiving the letter with only modest wear on their nerves. ;sually the
issuing of the letter is the end of the matter. (hen Dates v. !riAona Dar !ssociation[@5] was decided by
the ;nited :tates :upreme *ourt, many advertising taboos fell for the legal profession. 'he limits
which the advertising must observe, rather than all advertising, then became the issue. (hile
advertising under certain circumstances was held to be proper by the ;nited :tates :upreme *ourt, it
did not approve of solicitation. (here advertising leaves off and solicitation begins is unclear in many
cases. !ttorneys who advertise seem to have far more grievances lodged against them than lawyers
who do not. Decause of the conservative nature of the members of the grievance committee, it is
usually best to attempt to settle an advertising grievance by ceasing an activity that is 2uestionable. If
an advertising violation goes to the grievance committee, harsh punishment may follow. +owever,
because the law is uncertain as to legal advertising, some grievance committees might be willing to
forego discipline if the accused attorney agrees to discontinue the activities disapproved of. 'here is a
2uestion whether such agreements are enforceable, but because of the uncertain state of the law it
should be assumed that they are enforceable. 'he agreements should be drawn up with specificity to
indicate the e"tent of advertising that will be allowed. 6 2=. 5ormal charges [*umulative :upplement]
5ormal charges of professional misconduct should not be recommended by bar counsel without
notifying the attorney who is accused of unethical or illegal conduct.[B@] 'he notice need not be given
immediately, however- it can await the outcome of the bar's investigation into the allegations.[BB]
5ollowing the investigation, the proceedings may be disposed of, without formal charges being filed, in
one of three ways[B5] all of which re2uire the recommendation of bar counsel and the concurrence of
the chairman of the grievance or hearing committee.[B8] J%K 'he proceedings may be dismissed if there
is insufficient probable cause to believe misconduct has occurred.[B9] J2K !n admonition may be issued
if there is probable cause to believe that misconduct has occurred but the problem is minor and isolated.
[B=] J@K Grobation can be imposed, with or without an admonition, if there is probable cause to believe
misconduct has occurred for which probation is appropriate.[B?] 5urthermore, if there is a civil or
criminal proceeding pending in which the respondent is a party and which involves the same sub)ect
matter JconductK, the disciplinary
proceedings may be stayed if that is appropriate.[ 5&] ! stay will be appropriate where the respondent
will suffer pre)udice in the pending proceeding should the disciplinary action proceed immediately and
where the grievance committee hearing may be e"pedited by evidence adduced in the criminal or civil
matter.[5%] 5ormal proceedings against the accused attorney are warranted where there is probable
cause to believe misconduct has occurred which is neither minor nor isolated and probation is not
appropriate or where the respondent does not agree to a recommendation of admonition or probation.
[52] 'he charges are prepared by bar counsel who is re2uired to file with the disciplinary board and
serve on the respondent a written statement of the charges giving a fair and ade2uate notice of the
nature of the alleged misconduct.[5@] 3nce the formal charges are filed, the proceedings are no longer
confidential and are open to the public e"cept for deliberations of the hearing committee, disciplinary
board or court and information the hearing committee has ordered ,ept confidential.[5B] !fter the
charges have been filed, the matter is referred to a specific grievance or hearing committee.[55]
*;.;E!'IL :;GGE.#' *ases/ #o due process errors occurred during the grievance
committee proceedings investigating an attorney's behavior, where attorney alleged that notice of the
hearing was untimely and charges against him were vague, because grievance committee proceedings
are principally investigatory and comparable to proceedings before a grand )ury7they are
nonadversarial and there is no right of confrontation or cross4e"amination- the attorney under
investigation is not entitled to a bill of particulars until the grievance committee completes its
investigation. In this conte"t, at a reasonable time before a finding of probable cause is made, the
attorney will be advised of the conduct under investigation and the rules which may have been violated-
in addition, the attorney must be given all materials considered by the committee and an opportunity to
ma,e a written statement regarding the alleged misconduct under R Reg 5la Dar @49.BJgK. In any event
the notice actually given was sufficient where the attorney received notice of the rules allegedly
violated %@ days before the hearing was scheduled, and he was represented by counsel at the hearing
and had an opportunity to cross4e"amine witnesses. 'he 5lorida Dar v. :wic,le J%??%, 5laK 5=? :o 2d
?&%, %8 5E( :9@9, later proceeding J;:K %%9 E d 2d %&%, %%2 : *t ?2?, supp op J;:K %%= E d 2d
2&@, %%2 : *t %552. vidence supported the finding of panel of the Hansas Doard for >iscipline of
!ttorneys that attorney engaged in illegal conduct, as an aggravating factor for purposes of imposing
discipline, even though criminal charges were not filed against attorney- attorney admitted that he
e"posed himself to administrative assistant for district court, statute defined lewd and lascivious
behavior as 0publicly e"posing a se" organ or e"posing a se" organ in the presence of a person who is
not the spouse of the offender and who had not consented thereto,0 administrative assistant was not
attorney's spouse, and the !merican Dar !ssociation's J!D!K standards did not re2uire that an attorney
be charged or convicted by law enforcement before his or her conduct could be considered illegal.
(est's H.:.!. 2%M@5&=JaKJ2K. In re >epew, 2@9 G.@d 2B JHan. 2&%&K. >iscipline of attorney who
engaged in conduct adversely reflecting on fitness to practice and placed personal interests above those
of clients would be limited to censure where medical evidence showed he suffered from mild
neurological dysfunction due to cerebral aneurysm at time of misconduct, years of e"emplary practice
preceded affliction, he ac,nowledged misconduct, and he demonstrated willingness to ta,e appropriate
steps to prevent recurrence. Re Hiley J%??%, Bth >eptK %9& !pp >iv 2d ?&, 592 #1:2d 8&%. ['op of
:ection] [#> 35 :;GGE.#'] 6 2?. Response- form [*umulative :upplement] (ithin a
prescribed period of time following service of the formal charges, the respondent should file a written
reply or answer with the board or committee and serve a copy of it on bar counsel.[ 58] !llegations that
are not disputed should be admitted to narrow the issues at the hearing and denials of fact should be
separately stated. .oreover, if the respondent chooses to refuse to answer an allegation on
constitutional or other grounds, the ground of such refusal should be e"plicitly asserted.[59] *ounsel
should note that the failure to answer the charges timely may be treated as an admission of their truth.
[5=] It should be ,ept in mind that the reply itself is admissible in both civil, criminal, and disciplinary
proceedings. 'he records of the grievance committee themselves are not usually sub)ect to discovery
proceedings, as they are almost always allowed to be secret by statute. +owever, the accused will be
re2uired to send a copy of the reply to the complainant, which may be introduced, in evidence at a
subse2uent civil trial for malpractice, or at a criminal proceeding. .any )urisdictions re2uire that the
reply be sworn to, and some provide that failure to file a timely reply is in itself grounds for
disciplinary proceedings. !t the very least, the failure to file a timely reply will irritate the investigating
attorney and the committee, and this conduct will be reported to the committee and may be viewed as
lac, of cooperation. (here failure to reply is in and of itself an admission that all charges are true and
correct, the statement of charges alone can be the basis for disciplinary proceedings. ! good deal of
thought and effort must go into the reply, and a well4drafted answer may result in no further action by
the investigating attorney. 5or e"ample, legal research into the various issues may result in finding
cases that e"onerate the defendant in the particular fact situation. ! motion to dismiss should then be
filed with the answer, citing the appropriate authority. In preparing the reply, counsel should attach to a
motion to dismiss photocopies of important favorable cases or a brief in support. If no research is
offered, none will be done by the committee on behalf of the client. !n amaAing number of attorneys
are unaware of the fact that there has been considerable litigation over the years regarding what is and
what is not unethical conduct, and formal published ethics opinions have been issued by many
committees for decades. 'here is a wealth of authority that can be cited. .oreover, most state bar
associations have on file advisory opinions from their ethics committees. 'hese can sometimes be of
immense use, especially where the accused attorney actually may have relied upon a prior ethics
opinion in trying to conform his behavior to the right canon. 'he problem is that advisory opinions may
not be binding, and authority from other states or )urisdictions may be cited only as persuasive
authority. 5inally, the !merican Dar !ssociation has issued numerous opinions over the years, and
provides materials that may be purchased for ethics law research. 'he bar association's opinions carry
considerable weight.[5?] <enerally, there is no re2uired form for a reply. ! typical and acceptable
method is to go through the allegations and admit those that should be admitted, to identify those as to
which corrective action has been ta,en Jsuch as returning the file to the client or to his new attorneyK, to
deny those that should be denied and to deny for lac, of information or belief other allegations as
appropriate. ! reply similar to answering re2uests for admissions or interrogatories may be appropriate.
'he second part of the reply should consist of a brief on the issue of whether the conduct complained of
is JaK a crime or act of moral turpitude- or JbK conduct that normally would sub)ect the accused to
disciplinary action. Dased on the factual bac,ground of the article, an appropriate response to formal
charges might be composed as follows/ [*aption of forum, title of case and other formal parts omitted.]
!#:(R '3 53R.!E *+!R<: %. 'he allegations of paragraphs IIIIIIIIIIII of the formal
charges are admitted. 2. 'he allegations of paragraphs IIIIIIIIIIII are denied without 2ualification
or reservation. @. In response to the remaining allegations, respondent cannot admit or deny the truth of
the allegations for lac, of sufficient information and belief. +e therefore denies those allegations
sub)ect, however, to the following factual statement, which is offered in defense of the formal charges
and in mitigation of punishment as to any charges and allegations found to be true/ a. I was formally
the attorney for the complainant. I advised him at the time I accepted the case that I would also need a
contractual relationship with his two sisters, and he has never had them contact me. I felt uneasy with
probating the will without the participation of the two sisters, and I did not ,now how to get in touch
with them. +e gave me a retainer of $5&&. !ttached herewith please find a photocopy of the chec, for
$5&&, which I have sent to his new counsel since he has now made arrangements for another attorney.
b. I admit that I did not return his file to him when he first re2uested it because I did not ,now I was
re2uired to do so. I have apologiAed to the complainant with an e"planation. [!ttach copy of letter.] c. I
admit sending the letter to the complainant referred to in his complaint as I mista,enly thought that I
was entitled to hold the file until I had been compensated for the time I had spent on the case. I was
mista,en as to my obligations, and I have stated my regret for any inconvenience this has caused the
complainant. d. IIIIIIIIIIII[3ther statements as appropriate]. [>ate, subscription, and other formal
parts omitted.] Garticularly when
the defense attorney has not been permitted much time to prepare a reply, or the accused attorney has
filed his own reply, an amended reply may be appropriate. In most cases, there are no bar rules to
prevent this. 3ccasionally the grievance committee will frown on very late replies, especially those
filed )ust before the hearing. 'he best use of the amended reply is to bring to the committee's attention
legal precedents not previously shown to them, and particularly any legal authority that the defense
attorney feels is compelling. [] Gractice +int/ 'he money to fund any costs or refunds should be placed
in the defense attorney's trust account, and a written statement from the accused attorney should be
ta,en granting the attorney full and e"clusive power to disperse the money in settlement of the case, in
his discretion. Lirtually all )urisdictions re2uire that a written answer to the grievance be filed within a
certain time limit. .ost )urisdictions allow a minimum of 9 days, and some allow up to a ma"imum of
8&. #early always the time by which a reply must be filed is included in the notice of formal charges.
In many cases, however, with as much as @& or B& hours of investigating and preparation to do, a
timely answer cannot be made. Rather than filing a late answer, it is always appropriate to call the
investigating attorney and as, for an e"tension of time in which to file the answer. It nearly always will
be granted. Indeed, this may be a wise consideration in most cases. 'he bar association grievance
committee is an"ious to have the accused attorney submit to their authority and control. Resisting it
invariably results in its ta,ing a harsher stance. 'herefore, a re2uest for a delay in filing a response has
the advantage of allowing a more thorough investigation that will produce a better and more detailed
reply and in letting the committee ,now that the accused attorney has submitted himself to their
committee's )urisdiction. ! case may present itself where the complainant see,s a large and un)ustified
refund from the accused attorney or otherwise see,s to ta,e unfair advantage of him. 'his is not
uncommon, particularly among 0con men,0 who may have succeeded in this ploy in the past. 'he
interview with the accused attorney will sometimes reveal that the complainant is an accomplished liar
who is adept at ad)usting his testimony to accomplish his goal. In such cases, a vague answer to the
grievance may be advantageous. !s a general rule, the committee does not li,e the holding bac, of
information, but neither does it li,e its offices being used for purposes of e"tortion. 5urther, the
ma)ority of virtually all committees is made up of lawyers, and they are li,ely to appreciate good
tactics. 'here are e"ceptions, however, and prudent practice re2uires that the appropriate approach be
ta,en. [] *ase Illustration/ ! client paid his attorney a flat fee for defense in a fraud case. (hen the
litigation was satisfactorily concluded, the client demanded half of the fee bac,, claiming that the
attorney had told him that he e"pected to lose, that that fee would include the costs of an appeal, and
that if the case was won at the trial stage he would give him a 5& percent refund. >efense counsel
investigated the matter after the demand was first made but before the grievance was filed, and chec,ed
the complainant's litigation records at the courthouse, discovering that other attorneys had defended the
complainant in fraud actions as well. +e contacted them and learned that two had been approached
along the same lines- one paid bac, half of the money to avoid a grievance, and the second made a
small ad)ustment in the fee. ! purposely vague answer was filed, and, at the hearing, the complainant
was allowed to tell his story to the committee and cross4e"amination solidified it. 'hen, to the surprise
of the complainant, the two attorneys against whom he had made the same threat several years before
were presented as witnesses. :ince there were two witnesses to the attorney's employment agreement,
the attorney and his secretary, and a signed written contract that provided as the attorney stated, the
fundamentals for presentation of a per)ury charge e"isted and the record was turned over to the
appropriate authorities. 'he complainant's protests that his previous e"tortions were privileged
communications were overruled by the committee. *;.;E!'IL :;GGE.#' *ases/ !ttorney
who on @ separate occasions refused to cooperate in committee's investigation of client complaints,
until it became necessary to procure subpoena directing his appearance for e"amination under oath,
would be censured despite mitigating factor that he was in midst of terminating longstanding marriage
during period in 2uestion, since failure to cooperate in investigation of alleged misconduct constitutes
misconduct in and of itself, and warrants discipline. Re 5eit J%?=?, @d >eptK %58 !>2d =%&, 5B?
#1:2d =2?. ['op of :ection] [#> 35 :;GGE.#'] 6 @&. .otion to dismiss- illustrative forms
'he scope of motions to dismiss grievances is limited only by the ingenuity and e"perience of the
defense attorney. 'hey can ta,e practically any form, but should, if possible, be supported with case
citations and a brief in support. 5orms for two typical motions, JaK motion to dismiss on the ground of
res )udicata, and JbK a motion to dismiss for lac, of standing, are set forth below/ .3'I3# '3
>I:.I:: JR: N;>I*!'!K [*aption of tribunal, title of case and other formal parts omitted.] '3
'+ +3#3R!DE <RIL!#* *3..I''/ #3( *3.: IIIIIIIIIIII, the Respondent in
this action, and would show the committee as follows/ I. 'he complaint of IIIIIIIIIIII, complainant
in this cause, is substantially the same as was found in her suit for legal malpractice against the
respondent filed on IIIIIIIIIIII, 2&III, and tried to a )ury on IIIIIIIIIIII, 2&III. 'he )ury made
findings entirely favorable to the defendant in that cause Jrespondent hereinK and the court entered a
)udgment for the defendant and ta"ed all costs against the plaintiff Jcomplainant hereinK and said costs
have yet to be paid. II. *opies of the plaintiff's pleadings, the defendant's answer, and a certified copy
of the )udgment in that cause are attached herewith as respondent's "hibits 0!0, 0D0, and 0*0, and are
herein incorporated for all purposes by reference. III. Respondent urges that virtually all issues
presented to this committee were presented in IIIIIIIIIIII court, and resolved by the rules of
evidence and that the respondent was shown as a matter of law to have been guilty of no professional
misconduct. IL. 'he complainant herein attempts a collateral attac, upon that final )udgment J"hibit
0*0K which should not be permitted as a matter of law. Respondent respectfully urges that
administrative hearings such as those held by the grievance committee may not attac, facts
conclusively established in court. L. 5urther, respondent respectfully submits that the grievance
committee should not set itself up in a position above the courts and should not disregard the findings
already made. (+R53R GR.I:: *3#:I>R>, respondent prays that this grievance be
forthwith dismissed with pre)udice and for all other further relief to which he may show himself to be
)ustly IIIIIIIIIIII entitled. [>ate, subscription, and other formal parts omitted.] !s a general rule,
the committee is interested in hearing only from an attorney who has discovered unethical conduct, law
enforcement authorities, the victim of the unethical conduct, but no others. In a surprisingly large
number of cases, friends, neighbors or, particularly in divorce cases, relatives of the person they see as
aggrieved will attempt to interpose their will. If tactfully handled, these cases can often be dismissed
2uite early. !s a practical matter, there are no formal re2uirements for 0standing.0 !nyone aware of
unethical behavior may report it to the grievance committee. +owever, most committees receive
complaints from third parties that generate unnecessary wor, for them, and, as a general rule, they are
not sympathetic to interlopers. 'hey wish to hear from the client or a person who claims to have been
victimiAed by the attorney. .3'I3# '3 >I:.I:: JE!*H 35 :'!#>I#<K [*aption of tribunal, title
of case and other formal parts omitted.] '3 '+ +3#3R!DE <RIL!#* *3..I''/ #3(
*3.: IIIIIIIIIIII, respondent, by and through his attorney of record, and shows as follows/ I.
Respondent represented IIIIIIIIIIII, a citiAen of .e"ico, in litigation against IIIIIIIIIIII, a
citiAen of the ;nited :tates. Respondent had an attorneyOclient relationship with [plaintiff], and pursued
the matter vigorously. *opies of the pleadings filed against the defendant in that case prepared by
respondent are attached herewith as "hibit 0!0 and incorporated for all purposes. II. 'he defendant in
that case filed an answer, a copy of which is attached herewith as "hibit 0D0 and incorporated herein
for all purposes. III. Respondent proceeded to ta,e depositions and to prepare for trial but, because of
distances, was unable to maintain close contact with the plaintiff, his client. IL. 'he complainant in this
cause is a friend of the plaintiff. 'he plaintiff often stayed at her home while visiting in the ;nited
:tates. <radually the plaintiff seemed to lose interest in the litigation, and stopped paying attorney's
fees to respondent. 'he complainant then attempted to usurp the perogatives of the plaintiff, at first by
carrying messages to the respondent, then by ta,ing independent action, and then by attempting to
e"ercise her independent )udgment as to how the case should be handled. L. In time, a dispute arose
between the complainant, who had no legal right to interfere in the lawsuit, and the respondent, who
respectfully suggested to her that he preferred to do business with his client
only and that legal matters and 2uestions of strategy should be left to the plaintiff and the respondent.
'o this, the complainant too, great e"ception. LI. Respondent then filed a motion to withdraw, giving
the plaintiff sufficient time to ma,e other arrangements for counsel. 'he motion for and order
permitting withdrawal as attorney of record is attached herewith as respondent's "hibit 0*,0 and
incorporated herein for all purposes. LII. #onetheless, the complainant continued to assert her wish to
control the litigation and the obligation of the respondent to represent what had come to be, in her
mind, her case. Respondent refused to communicate with her, and returned the file to his client in
.e"ico. LIII. *omplainant refused to accept the court's order permitting withdrawal, and she has
continued to call the respondent to insist upon a full accounting of all money e"pended, or an
e"planation as to why the case has not been tried. IP. Respondent has never had an attorney4client
relationship with the complainant, and he respectfully suggests that she lac,s standing to bring a
complaint on charges of professional misconduct against him. (+R53R GR.I::
*3#:I>R>, the respondent in this case respectfully re2uests that the complaint of this complainant
be dismissed with pre)udice, and the further prays for all such relief, both general and e2uitable, to
which he may show himself to be )ustly entitled. [>ate, subscription, and other formal parts omitted.] 6
@%. >iscovery [*umulative :upplement] 5or a limited period following the filing of an answer, both
bar counsel and the respondent should be afforded reciprocal discovery of matters not privileged.[8&]
>uring this period there should be a mutual e"change of J%K names and addresses of all persons having
,nowledge of relevant facts, J2K non4privileged information and evidence relevant to the charges or the
respondent, and J@K other material that may be shown to be relevant and material. Grotective orders
should be available to prevent unwarranted discovery.[8%] (hile many of the state bar enabling acts
ma,e no specific provision for discovery, as a general rule, a meeting with the investigating attorney
will produce all the discovery necessary to prepare for the hearing. 5urthermore, not only has the
accused attorney an absolute right to a copy of the complaint lodged against him, and to all later
amended complaints, but in most states, the accused has a right to a list of the witnesses who will
appear against him, and in many states the bar rules provide that a summary must also be given of their
e"pected testimony. 'he accused attorney also will have subpoena power to compel the attendance of
witnesses, including hostile witnesses, police officers and court personnel.[82] In a particularly serious
case, where the state rules of criminal procedure provide for little in the way of discovery, and if it
appears that the loss of the accused attorney's law license is all but certain, the defense attorney may
choose to ma,e the tactical choice of using the grievance proceeding as a discovery tool for the
upcoming criminal trial. 'his is particularly true when an indictment has been returned without the
opportunity to conduct a preliminary hearing as provided by federal law, or an 0e"amining trial0
provided by a code of criminal procedure in most states. If such a move is made, the defense attorney
will often choose to have his client invo,e his 5ifth !mendment rights, and he will not testify. +e
cannot be compelled to testify if there is criminal litigation pending. If a disbarment suit is pending, his
deposition can usually be ta,en, and his refusal to be deposed can be used against him at the
disbarment trial, but not at a criminal trial. 'he e"ercise of the 5ifth !mendment right may not be used
for impeachment.[8@] If the defense attorney's strategy is along those lines, he should re2uest that the
committee postpone its decision until after the criminal trial is completed. ven though the re2uest will
seldom be granted, it can do no harm to as,. If the re2uest for a delay of the grievance proceedings is
granted until after the criminal trial, and there is an ac2uittal, this outcome should be brought to the
attention of the committee immediately. In most )urisdictions, even though the investigating bar
attorney may not have an absolute right to pre4hearing discovery, cooperation with him is usually best.
+owever, such cooperation does not re2uire the defense attorney to build the prosecution's case, and
e"tensive cooperation may very well result in that being done. 'hus, defense counsel must wal, a fine
line between proceeding so as to irritate the committee by refusing to turn over documents, or
cooperating and hoping that the matter will not be prosecuted. It is always a difficult choice.
*;.;E!'IL :;GGE.#' *ases/ !ttorney was not entitled to invo,e privilege against self4
incrimination when ordered to file list of all monetary sanctions imposed against him by any federal
court since sanctions were public orders and attorney did not e"plain how information could
incriminate him. In re .aurice J%??5, *!9K 9@ 5@d %2B. 6 59. *onviction of crime [*umulative
:upplement] .any states provide for automatic disbarment upon proof of a felony conviction. 'he
term 0conviction0 tends to have a very broad application. :ome states provide for automatic disbarment
in the case of a conviction for a crime of moral turpitude, and, in others, for all felonies. *rimes of
moral turpitude include all crimes of theft, but there is some 2uestion as to whether it includes the
fre2uently encountered crimes of income ta" evasion and nonfiling of returns. 'here are cases that have
decided both ways.[@8] :ome states do not specifically provide for disbarment in case of a
misdemeanor conviction, even if it does involve moral turpitude. #onetheless, most grievance
committees will ta,e considerable interest in the situation where an attorney suffers such a conviction.
:ince the bar rules vary greatly from one state to another, only an e"amination of the statutes and rules
in one's )urisdiction can answer the 2uestions li,ely to come up concerning the sanctions that may be
imposed. 'he bar association ordinarily is re2uired to be notified whenever a lawyer is convicted of a
serious crime, such as a felony or an offense involving moral turpitude.[@9] 'he investigating bar
attorney will then prepare a proposed order of interim suspension and will notify the attorney when the
matter will be be presented to the court,[@=] and will file formal charges against the attorney based on
the conviction.[@?] :ince an interim suspension is not a formal disposition of the accusation formal
charges need to be filed, but they should not be heard until all avenues of appeal of the criminal
conviction have been e"hausted.[B&] (hen presented with the interim order of suspension for a
conviction of serious crime, the court will immediately suspend the attorney regardless of the pendency
of an appeal.[B%] ! certified copy of the )udgment of conviction is conclusive evidence that the lawyer
has committed the crime charged, and the sole issue at the hearing is the nature and e"tent of the
discipline to be imposed.[B2] If the lawyer has been convicted of a minor offense, the bar association
will treat notice of the conviction li,e it would the receipt of any other complaint against an attorney.
[B@] 'he respondent may be able to consent to being disciplined while disciplinary proceedings are
pending if he admits the truth of the charges in writing.[BB] +e may then, if he desires, save time and
further trauma by stipulating to specified discipline.[B5] 'hus, if the charges are admitted in writing,
counsel and the client should be able to agree on the nature and e"tent of the discipline imposed,
sub)ect to the approval of the hearing committee, and, ordinarily, also sub)ect to review by the
disciplinary board and the court.[B8] 'he criminal law of many states often contains various types of
non4final ad)udication and punishments. 'he titles of these punishments include 0deferred
ad)udication,0 0conditional discharge,0 0unimposed probation,0 0probation,0 and others. 'he attitude of
the grievance committee members should not be based upon the type of punishment method out in
criminal court. In all probability, the grievance committee can still ta,e action against the attorney
during this interlocutory period. !s a general rule, if an attorney is under any ,ind of restraint by a
court, whether the )udgment is final or not, the committee is apt to regard it as 0probation0 and ta,e
action consistent with suspension or disbarment. ! federal suspended sentence is a final conviction for
most purposes, including grievance procedings.[B9] *;.;E!'IL :;GGE.#' *ases/ 'wo4year
suspension from practice of law, with credit for time served under interim felony suspension but with
reinstatement conditioned on completion of federal supervised release, was appropriate for attorney
who engaged in conduct adversely reflecting on fitness to practice law based on his conviction for
transportation and importation of obscene matters- although mitigating factors included lac, of prior
discipline, cooperation in disciplinary proceedings, and evidence of good character, :upreme *ourt
also considered severity of attorney's crime as measured by %54month prison term and three years of
supervised release. %= ;.:.*.!. 6 %B82JaK- D*<> Groc.Reg. %&JDKJ2KJa, d, eK- *ode of Grof.Resp., >R
%4%&2J!KJ8K J2&&8K. >isciplinary *ounsel v. 3'.alley, ?@5 #..2d 5 J3hio 2&%&K. ['op of :ection]
[#> 35 :;GGE.#'] 6 5=. >iversion4type programs [*umulative :upplement] !n increasing
number of states are ta,ing a very enlightened approach/ they are re2uiring the accused attorney, if he
is to avoid disbarment or suspension, to promptly ta,e continuing legal education
or remedial courses concerning legal ethics that are designed to teach the to attorney to avoid the type
of activity that resulted in his appearance before the grievance committee. ! fre2uent re2uirement is
attendance at state bar ethics programs. 3ther typical re2uirements are law school courses on legal
ethics or other academic wor, to correct deficiencies. ;sually these corrective action programs are in
lieu of discipline- that is, if the attorney will agree to participate, a decision or sanctions may be
postponed for a given period of time, normally one year. !nother proposal, seldom applied, has been to
allow the attorney to resign from the bar but re2uire him to reta,e the state bar e"amination as his
0punishment.0. If he passes, he may be relicensed. 'his normally re2uires a period of study,
participation in a bar review course, and other remedial wor, that may go a long way toward solving
his problems.[B=] (here alcohol has been a factor in the misconduct of the accused attorney, a
committee may occasionally postpone a determination until after restitution has been made or an
agreed alcohol abuse treatment program has been completed, as the case may be. 3ften the hearing will
be put off for as little as two wee,s, and sometimes for as much as a year or two, to see how the
accused progresses. *ommittees are reluctant to re2uire specific programs, but when a specific
program is re2uired, the most fre2uent one is a hospitaliAation program or membership and active
participation in !lcoholics !nonymous.[B?] [] *ase Illustration/ In a recent case in Illinois,[5&] an
alcoholic attorney, who had converted his client's funds, made restitution, claimed that he had been
rehabilitated, and showed that he was regularly attending meetings of !lcoholics !nomymous. 'a,ing
the view that the accused attorney's alcoholism was a physical and mental impairment that substantially
hampered his ability to practice law competently, but was not an indication of his moral wea,ness, the
court reduced from @& months to 8 months the disciplinary board's recommended suspension period as
a reward for his effort to overcome his impairment, on condition, however, that he continue attending
regular meetings of !lcoholics !nonymous or of a lawyer's assistance program under a probationary
supervision for an indefinite period both before and after his suspension. 'he court added that if the
accused attorney had remained an active alcoholic it would have disbarred the attorney, particularly if it
were not shown that alcoholism contributed to his wrongdoing. 3ccasionally a 0suspended suspension0
is imposed, conditioned upon the attorney not being arrested for anything, including driving while
into"icated, public into"ication, or any alcoholic4related episode for a given period, sometimes for as
long as five years. 'he action of the bar in these programs is commendable, for without see,ing
punishment, they are re2uiring treatment. 'heir attitude can only be praised, as it both protects the
public and insures treatment. 'he typical grievance committee, however, is usually less sympathetic to
narcotics use and thus to enrollment in a narcotics abuse program. #ormally, when the attorney has
reached this stage with a narcotics problem, he also has a criminal prosecution pending. 'he defense
may be reluctant, under such circumstances, either to admit to narcotics use or to offer evidence of the
respondent's willingness to rehabilitate, since such evidence may well be available to use at the
criminal trial. 'he criminal trial, of course, should be given higher priority than the grievance
proceeding. #onetheless, some committees will ta,e an enlightened view and will postpone
proceedings until the attorney's narcotics problem is solved. It is only to be e"pected that certain drug
problems are li,ely to be met with more sympathy than others. ;se of mari)uana is one thing, but use
of cocaine, methamphetamines or heroin is another- and in the latter case, little sympathy can be
e"pected from committee members. Indeed, in most narcotics cases, the committee will be hearing the
disciplinary matter after a conviction has been had in the criminal trial court, and the best that defense
can e"pect to do for the client is to have his suspension run concurrent with a probation or prison term.
It is becoming more common, however, for grievance committees to suspend imposition of punishment
pending completion of psychiatric treatment or hospitaliAation. 'his enlightened view has been slow in
coming, under the theory that the first consideration of the bar should be protection of the public. .any
state bar acts provide for suspension of an attorney during a disabling illness or for transfer to inactive
status in case of a disability.[5%] Lirtually all the cases involving diversion programs are the result of
problems related to mental illness or alcoholism. !n agreed psychiatric treatment program may be
permitted in cases with a high rate of recovery, such as a reactive depression or manic4depressive
disease, but permanent suspension pursuant to statute for illness or disability is li,ely to continue for
those disorders which carry a poor prognosis, such as schiAophrenia. *ounsel should ta,e note and not
prove too much. *ommittees are primarily interested in protecting the public. 5or e"ample, when the
misconduct charged is minor and will result in a short suspension, counsel must ta,e into consideration
that proof of a serious mental illness in defense or mitigation may lead to an indefinite suspension for
mental or emotional disability. *;.;E!'IL :;GGE.#' *ases/ .onitored probation/
Reinstatement to practice of law was warranted conditioned on attorney being monitored by a mental
health professional who would report to *haracter and 5itness *ommittee, where attorney complied
with order of suspension, attorney possessed sufficient professional capabilities and 2ualifications to
practice law, attorney showed by clear and convincing evidence that he was of good and moral
character and that his readmission would not be a detriment to legal profesthat his readmission would
not be a detriment to legal profession, but *ommittee e"pressed concern about potential pressures that
attorney would encounter upon re4entry into profession. :up.*t.Rules, Rule @.5%&J2K. Dowling v.
Hentuc,y Dar !ss'n, 5B :.(.@d %8& JHy. 2&&%K- (est's Hey #umber >igest, !ttorney and *lient 8%.
(here an attorney neglected five cases of clients see,ing relief in ban,ruptcy and suffered from
alcoholism and depression, the attorney is suspended from the practice of law in 3hio for two years,
but the suspension is stayed and he is placed on probation under the following conditions/ monitoring
by an attorney, biannual report by psychiatrist, compliance with disciplinary rules, and participation in
the 3hio Eawyer's !ssistance Grogram and in alcohol abuse counseling. *incinnati Dar !ss'n v.
(olosin, 9% 3hio :t. @d 8%%, 8B8 #2d B55. ['op of :ection] [#> 35 :;GGE.#'] 6 5?.
Reprimand [*umulative :upplement] 'he mildest form of sanction is an admonition or informal
reprimand, sometimes called a public reprimand. 3rdinarily, it is imposed by the bar attorney or bar
counsel with a consent of the respondent and without the filing of formal charges.[52] It is a private
form of discipline, although a summary may be published in a bar publication without identifying the
accused attorney. It is recorded, moreover, and may be offered as evidence of past discipline on the
issue of punishment in subse2uent disciplinary proceedings against the admonished lawyer.[5@] !
formal reprimand is imposed by the court after formal charges have been filed in cases of relatively
minor misconduct.[5B] 'his type of discipline e"ists in various forms in nearly all states. 3ften, no
record of the !dmonition is ,ept. !lthough some record may be retained by the committee, the action
is not made public. #ormally, this course of action is ta,en when full restitution has been made and the
accused attorney has been both cooperative and contrite and gives sincere assurances to the committee
that no future recurrences are li,ely. It falls into the milder end of the punishment spectrum and should
be considered as a relatively desirable one in the conte"t of negotiation. In other words, counsel may
wish to suggest an informal reprimand to the bar to chasten the accused, without harming him
financially or publicly. 3ften these informal reprimands are issued to older and highly regarded
members of the bar who have breached a canon of ethics by an unintentional act from which they did
not profit financially. ! formal reprimand is in the nature of public disgrace. It is occasionally coupled
with a re2uirement for restitution, and is sometimes only given in lieu of a suspension if full restitution
and a corrective course, such as continuing legal education or a new boo,,eeping system is adopted by
the accused. ;sually the formal reprimand is published in a state bar )ournal, and copies of the
reprimand are sent to the )udges and administrative officers and magistrates in the district. 'he effect of
a formal reprimand can be devastating to some individuals. :uicide by the accused attorney prior to the
reprimand being published is not unheard of. 3n the other hand, some attorneys seem to not mind the
public reprimand at all. 'he notoriety does not seem to bother them, and they regard the sanction as a
mild one. 'hese are the attorneys the grievance committee can e"pect to hear from again. ! )udicial
reprimand normally occurs when the attorney is guilty of contempt or some other breach of ethics in
the presence of the court, such as destroying evidence or harassing a witness. In these cases, the only
record that is normally ,ept is in the contempt proceedings themselves. 'he types of contempt are
actual and constructive contempt, and civil and criminal contempt. ! full discussion of these sub)ects is
beyond the scope of this article. 3ccasionally a )udge will notify the grievance committee of the breach
and occasionally will instruct the grievance committee to ta,e appropriate action. In such cases, the
lawyers on the committee, ever an"ious to please the court, can be e"pected to ta,e firm and prompt
action against the attorney in 2uestion. In a few states, the complainant must file suit to discipline the
attorney if he does not agree to the committee's action, or the attorney must file suit to set aside
discipline imposed by the committee. 'his is the rule in 'e"as and a few other states. In such cases,
after a trial, the )udge Jnot the )uryK is re2uired to announce what discipline should be ordered.
<enerally, if it has gotten this fare, hopes of a mere )udicial reprimand are generally gone, but
occasionally a court will impose this type of punishment and the lawyer who is prosecuting the case
will agree to it. It is a matter of public record, and constitutes a significant disgrace for the attorney in
2uestion. !ctual )udicial reprimands are fairly rare, and most )udges go through their entire career
without ever ordering one. *;.;E!'IL :;GGE.#' *ases/ !ttorney would be publicly
reprimanded for neglect of client's business where letter of mitigation attested to 0substantial personal
and emotional difficulties,0 including financial hardships, foreclosure of family residence, and stress of
relocating family and practice. Geople v. :mith J%?==, *oloK 959 G2d 82=. Review Ganel reprimand
was appropriate disciplinary sanction for attorney's lac, of diligence in client's *hapter %@ ban,ruptcy
case, which lac, of diligence e"posed client to in)ury, i.e., the ban,ruptcy complaint was dismissed but
the ban,ruptcy court later reinstated it and terminated attorney's representation of client- in mitigation,
the attorney's misconduct was not a cause of client's loss of her home two years later for failure to ma,e
payments, attorney had practiced ban,ruptcy law for over %5 years, he had no history of discipline, and
since the filing of the disciplinary grievance he had filed numerous ban,ruptcy complaints without
ob)ection. :tate Dar Rules and Regulations, Rule BM %&2JdK, Rules %.@, @.2. In re Robinson, 2== <a. @&,
9&% :..2d %B2 J2&%&K. (here attorney failed to file income ta" return for three year period, court, in
finding that failure was caused by either negligence or ignorance and that attorney had otherwise
unblemished professional reputation, held that such action warranted censure. Re 'owles J%?=@K ?= Ill
2d %9?, 9B Ill >ec 825, B58 #2d %29. Gublic reprimand was warranted due to attorney's violation of
the rules of professional conduct by intentionally withholding documents from client given the absence
of a prior disciplinary record for attorney, the fact that he did not have a dishonest or deceitful motive
in regards to his client in withholding the documents, and the fact that client was not harmed by his
actions. .d.Rule %8M=%2, Rules of Grof.*onduct, Rules %.B, %.%8JdK, =.BJaK. !ttorney <rievance *om'n
of .aryland v. dib, B%5 .d. 8?8, B !.@d ?59 J2&%&K. :ee Getition for >isciplinary !ction against
(ylie J%??%, .innK B8B #(2d 92&, supra 6 ? Grobation. Gublic reprimand was appropriate sanction
for attorney who violated professional conduct rules relating to communication in his representation of
client in personal4in)ury action, and who also failed to inform client that attorney did not maintain
professional liability insurance, where attorney had a long career with no previous disciplinary action.
Rules of Grof.*onduct, Rule %.B- *ode of Grof.Resp., >R %M%&BJ!K J2&&8K. Eorain *ty. Dar !ssn. v.
<odles, 2&%&43hio4829B, ?B@ #..2d J3hio 2&%&K. Gublic reprimand of attorney was warranted, in
attorney disciplinary case in which attorney admitted ?== misconduct and cooperated with the 3ffice of
>isciplinary *ounsel J3>*K, where attorney, in a series of real estate transactions, prepared an
inaccurate >epartment of +ousing and ;rban >evelopment J+;>K statement, disbursed funds
prematurely, unreasonably delayed in filing deeds, and failed to respond to clients' re2uests for
information, in violation of the professional rules. !ppellate *ourt Rule B&9, Rules of Grof.*onduct,
Rules %.%, %.@, %.B, %.%5, B.%, 5.@, =.BJa, eK. In re .artin, @=? :.*. B89, 8?? :..2d 8?5 J2&%&K. Gublic
reprimand, conditioned upon attorney's completion of %& ethicsMapproved continuing legal education
J*EK credits within %2 months and, within 8& days, his payment of costs for attorney disciplinary
proceeding, was appropriate sanction for attorney's representation of criminal defendant in matter for
which he previously had attorneyMclient relationship with victim, who shared sensitive information
regarding alleged se"ual assault by defendant- attorney's failure to recogniAe ethical issues involved
reflected lac, of awareness of or attention to his clients' rights and his responsibilities as lawyer to
guard sensitive information. :*R 2&/%.?JaK. In re >isciplinary Groceedings !gainst Hostich, 2&%& (I
%@8, 9?@ #.(.2d B?B J(is. 2&%&K. Gublic reprimand and order to pay restitution were appropriate
sanctions for attorney's misconduct in failing to communicate with client about the status of his
criminal case, failing to e"plain a matter to the e"tent necessary to permit client to ma,e informed
decisions, failing to ta,e steps reasonably practicable to protect client's interests, and failing to refund
an unearned fee. :*R 2&/%.BJa, bK, 2&/%.%8Jb, dK J2&&5K. In re >isciplinary Groceedings !gainst Dlise,
2&%& (I @B, 9=2 #.(.2d B&9 J(is. 2&%&K. ['op of :ection] [#> 35 :;GGE.#'] 6 8&.
:uspension [*umulative :upplement] .any committees completely disregard the great financial and
emotional cost that the client has already suffered and order a suspension from practice for a specific
time. 'he minimum suspension is usually @& days, and the ma"imum normally is three to five years. In
many states, the ma"imum time is fi"ed by statute.[55] !bout the best an attorney can hope for,
if he has been convicted of a crime and placed under a suspended sentence or on probation, is to have
the time affi"ed by the court run concurrently with the time of his suspension. 5or e"ample, should the
respondent be given si" months probation for driving while into"icated, a common punishment would
be a suspension to run concurrently with the probation time. :ome states permit probation on the
suspension, based upon future good behavior.[58] 3ften the committee is unwilling to settle for a mere
suspension and will insist on disbarment. 'his is particularly true in cases where the accused attorney
has been sent to prison. :ome states re2uire disbarrment by statute in case of conviction for any felony,
or for any crime of moral turpitude. 3thers re2uire suspension during probation. 'he conditions for
readmission sometimes can be bewildering. 3ccasionally, the suspension will last only as long as the
accused attorney needs to complete a course in ethics at a local law school, or to obtain a divorce. :uch
cases usually involve some degree of emotional illness. Lery often a condition precedent to
reinstatement after suspension in the bar is complete restitution. :uch a sentence always causes great
financial hardship to the attorney in 2uestion. 'he order of suspension normally will include language
to preclude the attorney from offering or giving legal advice e"cept for himself and forbids him from
sharing offices with attorneys or holding himself out to be an attorney during the period of the
suspension. If the order of suspension is not honored by the disciplined attorney, subse2uent disbarment
is certain. 3ccasionally a governmental office, the ;nited :tates' !ttorney's 3ffice, the Internal
Revenue :ervice, the district attorney's office or the grievance committee may have a very strong case,
but may be willing to drop criminal and disbarment proceedings in e"change for an agreed suspension.
#ormally the minimum suspension period is %5 days, and the ma"imum is li,ely to be five years.
:ometimes reapplication or a reta,ing of the bar e"amination is re2uired for reinstatement. !n agreed
suspension from practice should always be considered when the prosecutor has a very strong case,
particularly where criminal prosecution is possible. *;.;E!'IL :;GGE.#' *ases/ !ttorney
who continued to practice law following court order of suspension was not entitled to attorney fees for
cases on which he and his associates wor,ed after suspension order, since order was not ambiguous,
there was no evidence that he acted in good faith, and he ignored language of disciplinary rule and of
only reported federal case on point. *ooper v. 'e"aco, Inc. J%??2, *!5 EaK ?8% 52d 9%. 5ailure of
attorney to file probation reports with state bar while on professional probation arising from
misconduct warranted imposition of outright suspension and revocation of professional probation.
Gotac, v. :tate Dar J%??%K 5B *al @d %@2, 2=B *al Rptr @@5, =%@ G2d %@85, ?% *>3: 889B, ?% >aily
Nournal >!R %&%B%. :i"4month suspension was warranted for attorney who violated Dar Rules
regarding conflicts of interest, providing competent representation, and prohibiting conduct involving
dishonesty, fraud, deceit, or misrepresentation, and conduct pre)udicial to the administration of )ustice.
(est's 5.:.!. Dar Rules B4%.%, B4%.BJbK, B4%.9JbK, B4=.BJc, dK. 'he 5lorida Dar v. :han,man, B% :o. @d
%88 J5la. 2&%&K. 'hree year suspension was warranted for attorney who engaged in misconduct by
representing clients with unwaivable conflicts of interest and ma,ing misrepresentations to client.
(est's 5.:.!. Dar Rules BM%.9JaK, BM%.?JaK, BM%.%8JaKJ%K, BMB.%JaK, BM=.BJcK. 'he 5lorida Dar v. :cott,
@? :o. @d @&? J5la. 2&%&K. 'hree4year suspension, with reinstatement on conditions, was warranted for
attorney whose conduct in representing client charged with violation of municipal ordinance, filing
numerous frivolous appeals and petitions for certiorari or habeas corpus, telling client to stop
re2uesting information about the representation, continuing the representation after client had
discharged him and without informing client that he was continuing to file motions and petitions in the
matter, refusing to respond to discovery re2uests, and refusing to cooperate in disciplinary
investigation, violated rules re2uiring attorney to provide competent representation, abide by client's
decision concerning ob)ectives of representation, ,eep client reasonably informed, not continue
representation in the event of a significant ris, of conflict of interest, not continue representation if
discharged by client, and not assert a claim or defense that is unwarranted under e"isting law. :tate Dar
Rules and Regulations, Rule BM %&2JdK, Rules %.%, %.2JaK, %.B, %.9JaK, %.%8JaK, @.%. In re .illard, 2==
<a. BB?, 9&B :..2d 99? J2&%%K. 'hree month suspension from the practice of law was warranted, in
disciplinary action in which attorney filed a petition for voluntary discipline prior to the filing of a
formal complaint against attorney, where attorney, who suffered from emotional distress bordering on
depression at the time of the incidents at issue due to a personal child support case, did not have a
dishonest or selfish motive and ac,nowledged the wrongful nature of his conduct. In re Gol,, 2== <a.
8@, 9&% :..2d %8% J2&%&K. :i"4month suspension was warranted for attorney whose failure to timely
respond to a court order and discovery re2uests resulted in default )udgment against clients, who did
not inform clients of default )udgment, and who stated falsely during disciplinary process that the
litigation was resolved by settlement, where attorney had two prior instances of discipline. :tate Dar
Rules and Regulations, Rule BM%&2JdK, Rules %.@, %.B, @.2, =.BJaKJBK- :tate Dar Rules and Regulations,
Rule BM%&@. In re +ardwic,, 2== <a. 8&, 9&% :..2d %8@ J2&%&K. !ttorney's commission of mortgage
fraud and entry of guilty plea to felony offense warranted two4year suspension from practice of law,
with reinstatement conditioned upon consultation with :tate Dar Eaw 3ffice .anagement Grogram,
agreement to implement Grogram's directives in connection with the reestablishment of law office, and
attendance of first thics :chool conducted by 3ffice of <eneral *ounsel after date of reinstatement.
(est's <a.*ode !nn. 66 %8M=M%&2J2K, %8M=M %&5JaK. In re :uttle, 2== <a. %B, 9&% :..2d %5B J2&%&K.
Indefinite suspension without possibility of reinstatement for %2 months was warranted for attorney
who, among other things, failed to timely file both federal and state income ta" returns. *ommittee on
Grofessional thics Q *onduct of the Iowa :tate Dar !sso. v. Dertelli J%?==, IowaK B22 #(2d %95.
'hree4year suspension was appropriate sanction for attorney's misconduct in driving under the
influence of alcohol J>;IK, committing aggravated battery, driving rec,lessly, and leaving the scene of
resulting accident, where attorney caused both personal in)ury and property damage. :up.*t.Rules,
Rule 228, Rules of Grof.*onduct, Rule =.BJbK. In re 5rahm, 2B% G.@d %&%& JHan. 2&%&K. Indefinite
suspension was appropriate sanction for attorney who waived oral argument before the *ourt of
!ppeals without client's ,nowledge or authoriAation, failed to diligently and promptly represent his
clients, failed to ade2uately communicate with clients, repeatedly accepted fees and failed to perform
the wor, that he was paid to perform, failed to reduce contingency fee agreement to writing, failed to
properly account for and refund unearned fees, failed to file timely written response to eight
disciplinary complaints, and failed to properly notify two clients following his suspension from practice
of law. :up.*t. Rules, Rule 2&9JbK, 2%=JaK- :up.*t.Rules, Rule 228, Rules of Grof.*onduct, Rules %.2,
%.@, %.BJaK, %.5Ja, dK, %.%5JbK, %.%8, =.%JbK. In re 'homas, 2B% G.@d %&B JHan. 2&%&K. 'wo4year
suspension, as opposed to indefinite suspension, was appropriate sanction for attorney's misconduct
that included conviction for attempt to obstruct a police officer's official duty, falsely telling police
officers that interviewee whom attorney accompanied to interview had rewound and recorded over tape
of interview, and not ma,ing reasonable efforts to correct misunderstanding of interviewee that
attorney was representing him, where attorney lac,ed prior disciplinary record and had good reputation
among peers in county bar. :up.*t.Rules, Rule 228, Rules of Grof.*onduct, Rules B.@ , =.BJbMdK. In re
.illett, 2B% G.@d @5 JHan. 2&%&K. 3ne4year suspension from the practice of law was warranted in
attorney disciplinary case, where attorney sub)ected five administrative assistants for district court to
se"ual harassment, and he attempted to minimiAe the seriousness of his conduct, in violation of the
professional rules. :up.*t.Rules, Rule 228, Rules of Grof.*onduct, Rule =.BJd, gK. In re >epew, 2@9
G.@d 2B JHan. 2&%&K . !ttorney's conduct in agreeing to represent client in grandchild visitation dispute
and medical malpractice action, only to neglect each separate action and ignore client despite receipt of
upfront payment of fees in the amount of $%,85&, coupled with her failure to respond to bar complaint,
warranted one4year suspension from practice of law and order re2uiring attorney to pay client
restitution of all unearned fees. Hentuc,y Dar !ss'n v. (hitloc,, @2B :.(.@d B%5 JHy. 2&%&K.
!ttorney's conduct in continuing to practice law during disciplinary suspension, by representing client
in a domestic case, coupled with his failure to respond to informational re2uests during ethics
investigation, in violation of professional rules, warranted one4year suspension from practice of law.
:up.*t.Rules, Rule @.%@&, Rules of Grof.*onduct, Rules @.BJcK, 5.5JaK, =.%JbK. Hentuc,y Dar !ss'n v.
<rider, @2B :.(.@d B%% JHy. 2&%&K. :uspension of 8& days was warranted
for attorney whose conduct, in failing to contact client or ,eep him advised of deadlines or court
events, failing to return paperwor, to client, failing to timely file paperwor, in :ocial :ecurity
disability appeal, resulting in dismissal of appeal, failing to respond to discovery in personal in)ury
case, resulting in dismissal of case with pre)udice, and failing to respond to bar complaint, violated
rules re2uiring attorney to act with reasonable diligence, ,eep client reasonably informed, return client
materials, and re2uiring attorney to respond to disciplinary authorities. :up.*t.Rules, Rule @.%@&, Rules
of Grof.*onduct, Rules %.@, %.B, %.%8, =.%JbK. Hentuc,y Dar !ss'n v. Dryant, @%= :.(.@d ?8 JHy. 2&%&K.
:uspension of %=% days, re2uiring a reinstatement by the :upreme *ourt before resumption of practice
and a review by *haracter and 5itness *ommittee of an application for reinstatement, was warranted
for attorney who failed to return an unearned $%,&&&.&& retainer after being suspended from practice
and who failed to respond to Dar complaint, where attorney had three prior suspensions and a prior
public reprimand. :up.*t.Rules, Rule @.%@&, Rules of Grof.*onduct, Rules %.%8JdK, =.%JbK-
:up.*t.Rules, Rules @.5&5J%K, @.5%&J%K. Hentuc,y Dar !ss'n v. Eeadingham, @%9 :.(.@d 5=@ JHy.
2&%&K. #inety4day suspension was appropriate sanction for attorney's misconduct in misrepresenting to
the grantor of a mortgage that had been assigned to attorney's client that he had prepared a mortgage
release and sent it to client, duplicating this lie to Dar *ounsel on two separate occasions, and
improperly withdrawing fund from his trust account by drawing a chec, payable to cash, where
attorney had no duty to draft mortgage release for the grantor, attorney did not aggravate offense
involving chec, payable to cash by misusing those funds for personal financial gain, attorney conceded
wrongdoing before *ourt of !ppeals and appeared willing to ta,e responsibility for his actions, and
attorney assisted his counsel in procuring the necessary mortgage release from his client. .d.Rule %8M
8&? JbK- .d.Rule %8M=%2, Rules of Grof.*onduct, Rules B.%JaKJ%K, =.%JaK, =.BJc, dK. !ttorney <rievance
*om'n of .aryland v. Drown, B%5 .d. 28?, ??? !.2d %&B& J2&%&K. !ttorney's mental and emotional
state due to marital problems would be mitigating factor in discipline, but attorney would nevertheless
be suspended from practice for indefinite period for allowing statute of limitations to run, delaying
return of funds, failing to ,eep sufficient funds in trust account to pay obligations, and failing to
cooperate with investigators. Re 'essler J%??&, .oK 9=@ :(2d ?&8. 3ne4year suspension was
appropriate sanction for attorney's misconduct in offering discounted legal fees to three female
ban,ruptcy clients and a family member of another client in e"change for se"ual favors of various
,inds, considering that none of the grievants accused attorney of forcing them to endure any unwanted
physical contact or even attempting to do so, none felt sufficiently pressured that she even considered
giving in, none sought therapy or treatment to overcome the e"perience, none suggested the incidents
were traumatic, none pursued criminal charges, nothing suggested the grievants were especially
vulnerable or more in distress because of the nature of their legal matters than were other categories of
clients, and attorney had a prior history of disciplinary infractions. In re (itherspoon, 2&@ #.N. @B@, @
!.@d B?8 J2&%&K. !ttorney diagnosed with 0ma)or depressive disorder without psychosis0 would be
suspended pending determination of capacity to defend herself against charges of neglect, failing to
respond to in2uiries from client and opposing counsel, and failure to cooperate with Dar investigation.
Re (underlich J%?==, @d >eptK %B% !pp >iv 2d ?9%, 5@& #1:2d 8@8, motion gr J@d >eptK %B? !pp
>iv 2d =&?, 5B& #1:2d @B&. 'wo4year suspension with one year stayed, conditioned upon no further
violations, two years of monitored probation upon attorney's return to practice, and eight hours of
continuing legal education in law4office management were warranted as sanction for attorney's
conduct, failing to appear or appearing tardily for hearings before municipal court, leaving one hearing
early despite )udge's specific instruction to remain, resulting in multiple contempt citations against
attorney, and failing to respond to letters from disciplinary authorities, in violation of rules re2uiring
reasonable diligence in representing a client, prohibiting undignified or discourteous conduct that is
degrading to a tribunal, prohibiting conduct that is pre)udicial to the administration of )ustice,
prohibiting conduct that adversely reflects on the lawyer's fitness to practice law, and cooperation with
a disciplinary investigation. Rules of Grof.*onduct, Rules %.@, @.5JaKJ8K, =.BJd, hK- <overnment of the
Dar Rule LJBKJ<K. .ahoning *ounty Dar !ss'n v. :a,mar, 2&%&43hio4592&, ?@= #..2d @55 J3hio
2&%&K. Indefinite suspension was appropriate sanction for attorney who was convicted of three counts
of theft based on stealing appro"imately $22,&&& from three ban,s, who failed to notify any 3hio
disciplinary authority of his conviction, and who failed to respond to disciplinary investigation. Rules
of Grof.*onduct, Rules =.%JbK, =.@JaK, =.BJbK. *incinnati Dar !ssn. v. #ewman, 2&%&43hio45&@B, ?@9
#..2d =% J3hio 2&%&K. 'wo4year suspension from practice of law, with one year stayed on conditions,
was appropriate sanction for attorney who prepared trust document for elderly client naming attorney's
own children as beneficiaries, obtained loan from same client without advising her of ris,s of ma,ing
unsecured loan and failed to repay loan, and in another matter received chec,s for fees from a
guardianship account without first obtaining approval from probate court, where only mitigating
circumstance was lac, of prior disciplinary record, while aggravating factors included a pattern of
misconduct involving multiple offenses of ta,ing advantage of an elderly and vulnerable client for
personal gain. Rules of Grof.*onduct, Rules @.BJcK, =.BJd, hK- <overnment of the Dar Rule LJBKJ<K-
D*<> Groc.Reg. %&JDK- *ode of Grof.Resp., >R %M%&2J!KJ5, 8K, 5M%&%J!KJ%, 2K, 5M%&BJ!K J2&&8K.
>isciplinary *ounsel v. :haw, 2&%&43hio4BB%2, ?@5 #..2d B&5 J3hio 2&%&K. 'wo4year suspension,
with one year stayed on conditions, was warranted for attorney whose conduct, failing to remit to his
employer law firm over $9,&&& in fees, resulting in a conviction for theft, violated rules prohibiting a
lawyer from committing an illegal act that reflects adversely on the lawyer's honesty or trustworthiness,
prohibiting conduct involving dishonesty, fraud, deceit, or misrepresentation, prohibiting conduct that
is pre)udicial to the administration of )ustice, and prohibiting conduct that adversely reflects on the
lawyer's fitness to practice law. Rules of Grof.*onduct, Rule =.BJbMd, hK. >isciplinary *ounsel v.
Hraemer, 2&%&43hio4@@&&, ?@% #..2d 59% J3hio 2&%&K. 'wo4year suspension with %= months
conditionally stayed, instead of entirely stayed two4year suspension, was appropriate sanction for
attorney who, by using crac, cocaine, violated disciplinary rules barring conduct pre)udicial to
administration of )ustice and conduct adversely reflecting on fitness to practice law- despite such
mitigating factors as lac, of prior disciplinary record, absence of dishonest or selfish motive, and
cooperation in disciplinary proceeding, mitigating factor of a chemical dependency was absent, and
aggravating factors included attorney's terminating participation in 3hio Eawyers !ssistance Grogram
J3E!GK and failure to appreciate seriousness of his conduct. Rules of Grof.*onduct, Rule =.BJd, hK.
3hio :tate Dar !ssn. v. Ges,in, 2&%&43hio4%=%%, ?29 #..2d 5?= J3hio 2&%&K. :i"4month stayed
suspension was appropriate for attorney who violated disciplinary rules by representing a client's
daughter, without daughter's ,nowledge or consent, in action by creditor to recover debt on credit card
issued to client in daughter's name without her ,nowledge- %24month stayed suspension recommended
by parties was predicated in part on charges that had been dismissed, harsher sanction than public
reprimand was )ustified because client's daughter had to employ counsel to vacate )udgment for
creditor and also had wages garnished, and mitigating factors included lac, of prior disciplinary record,
lac, of dishonest or selfish motive, and full cooperation in investigation. Rules of Grof. *ond., Rules
%.9JaKJ2K, %.%8JaKJ%K, 5.BJcK, =.BJdK. >isciplinary *ounsel v. .amich, 2&%&43hio4%&BB, ?2= #..2d 8?%
J3hio 2&%&K. 3ne4year actual suspension, as opposed to a stayed suspension, was appropriate sanction
for attorney who testified falsely that he had not removed certain files or information from his office, in
his former law firm's action to en)oin alleged violation of the nonsolicitation and nondisclosure
covenant of his employment agreement, and who destroyed firm documents to conceal his possession
of them- mitigating factors of a lac, of prior discipline and a good reputation were outweighed by
aggravating factors including a pattern of misconduct involving multiple instances of lying and
misrepresentation under oath, as well as attorney's refusal to ac,nowledge wrongful nature of his
conduct. Rules of Grof.*onduct, Rule @.BJaK, =.BJc, d, hK- D*<> Groc.Reg. %&JDK. >isciplinary *ounsel
v. Robinson, ?@@ #..2d %&?5 J3hio 2&%&K. 'wo4year suspension, with one year conditionally stayed,
was appropriate sanction for attorney who engaged in misconduct by submitting false and fraudulent
billing for her appointed4 counsel services. *ode of Grof.Resp., %M%&2J!KJB, 5, 8K, 2M%&8J!K J2&&8K.
'oledo Dar !ssn. v. :tahlbush, ?@@ #..2d %&?% J3hio 2&%&K. Indefinite suspension, and re2uirement
that prior to reinstatement attorney provides proof to a reasonable degree of medical certainty that he is
mentally fit to return to the practice of law, was appropriate sanction for attorney who rec,lessly filed
court documents containing unfounded accusations against two )udges, misused his power as an
attorney to issue subpoenas to further his personal agenda, misused his authority as a notary public, and
accused three )udges and a prosecutor of engaging in improper e" parte communications- mitigating
fact that attorney had no prior disciplinary record, made full and free disclosure to the board, and was
professional, respectful, and cooperative during disciplinary proceedings did not outweigh the
aggravating effect of having demonstrated a dishonest and selfish motive, abusing his position as a
lawyer, ma,ing false and dishonest accusations against )udges and prosecutors, and providing false and
dishonest e"planations of his actions. *ode of Grof.Resp., >R %M%&2J!KJB to 8K, 9M%&8J!K J2&&8K-
<overnment of the Dar Rule ILJ2K- Rules of Grof.*onduct, Rules @.%, @.5JaKJ8K, =.2JaK, =.BJc, dK.
>isciplinary *ounsel v. Gullins, %29 3hio :t. @d B@8, 2&%&43hio482B%, ?B& #..2d ?52 J2&%&K.
:uspension from practice of law for two years, with final si" months stayed on condition that, attorney
ma,e full accounting and full restitution to affected clients and return all client files within ?& days of
suspension, was warranted as sanction for attorney's misconduct in failing to act on behalf clients,
respond to clients, or refund unearned fees to clients- as factors in aggravation, attorney acted with a
selfish motive, engaged in a pattern of misconduct, caused harm to vulnerable clients, and initially
failed to cooperate in the disciplinary investigation, but in mitigation, attorney had no disciplinary
record, relin2uished his ban,ruptcy court electronic case filing privileges and complied with other
ban,ruptcy sanction orders, and ultimately cooperated in the disciplinary process. Rules of
Grof.*onduct, Rules %.@, %.BJaKJ@, BK, %.%5JdK, %.%8JeK, =.BJd, hK. *leveland .etro. Dar !ssn. v. <resley,
%29 3hio :t. @d B@&, 2&%&43hio482&=, ?B& #..2d ?B5 J2&%&K. !ttorney's conduct in failing to
participate in the discovery process and by failing to respond to a motion for default )udgment resulted
in a )udgment in e"cess of $@@&,&&& against her clients and in failing to timely prosecute a second
client matter which resulted in the dismissal without pre)udice of that client's complaint warranted one4
year suspension of license to practice law with si" months stayed based on certain conditions. *ode of
Grof.Resp., >R 8M%&%J!KJ@K J2&&8K- Rules of Grof.*onduct, Rules %.@, %.%8Jc, dK, @.BJcK. *leveland
.etro. Dar !ssn. v. Nohnson, %29 3hio :t. @d ?9, 2&%&43hio4B=@2, ?@8 #..2d ?@= J2&%&K. !ttorney's
mishandling of his personal in)ury client's funds warranted suspension from the practice of law for one
year with entire year stayed, conditioned upon his continued treatment for depression due to his father's
death by a psychologistOpsychiatrist for duration of suspension, where misconduct was an isolated
incident in his nineteen years of practice and attorney settled accounts of client's medical bills, showed
remorse, and cooperated fully with investigation. #ew 1or, >R ?4%&2J!K, JDKJ@, BK. 'oledo Dar !ssn.
v. Hramer, =? 3hio :t. @d @2%, 9@% #..2d 8B@ J2&&&K- (est's Hey #umber >igest, !ttorney and *lient
5=. (hile Doard of *ommissioners on <rievances and >iscipline of the :upreme *ourt may properly
consider attorney's mental illness at the time of alleged misconduct as a mitigating factor in
determining what sanction should be imposed, the mental illness provisions for summary suspension
are not intended to be used by attorney in a disciplinary action to avoid suspension for violations.
<overnment of the Dar Rule L, 6 9. *incinnati Dar !ssn. v. Homare,, =B 3hio :t. @d ?&, 9&2 #..2d
82 J%??=K. !ttorney's misconduct in mishandling clients' trust account funds in violation of rules of
professional conduct warranted two year suspension from the practice of law, where attorney disbursed
settlement sums to her clients, but in many cases failed to ma,e full payments to third party medical
providers, a client was unable to apply for credit due to a ta" lien placed by a medical provider due to
attorney's actions, and another client did not receive settlement funds, and attorney had prior
disciplinary history, though attorney fully accepted responsibility for her actions. !ppellate *ourt Rule
B&9, Rules of Grof.*onduct, Rules %.%, %.@, %.%5, =.BJa, d, eK- !ppellate *ourt Rule B%@, Eawyer
>isciplinary nforcement, Rule 9JaKJ%, 8K. In re +ardee4'homas, 9&8 :..2d 5&9 J:.*. 2&%%K.
!ttorney's admitted misconduct in three separate disciplinary matters, each involving a general failure
to diligently protect the rights of his clients and mismanagement of his caseload over a period in which
he wor,ed for two separate law firms, resulting in, for e"ample, dismissal of a personal in)ury action by
operation of statute of limitations, preventing a client from appealing an order denying postconviction
relief, and a failure to properly account for unearned fees in other cases, warranted two4year suspension
from practice of law. In re +olcombe, 8?9 :..2d 8&& J:.*. 2&%&K. !ttorney's admitted misconduct in
two disciplinary matters, in one case failing to diligently pursue postconviction relief matter while
neglecting his duty to communicate with his client or his family, and in another case mismanaging his
client trust accounts by commingling personal funds with client funds resulting in bounced chec,,
warranted two4year suspension from practice of law, retroactive to date of interim suspension, resulting
in a nine4month remaining term, conditioned upon attorney's completion of legal ethics and law
practice accounting training, in addition to various steps towards treatment of his severe depression. In
re <inn, 8?9 :..2d 592 J:.*. 2&%&K. >efinite suspension of two years, plus restitution, was warranted
as a sanction for attorney who entered !greement for >iscipline by *onsent, admitting misconduct in
failing to ,eep clients reasonably informed of the status of litigation, failing to hold unearned client
funds in trust account, failing to return unearned fees to client, failing to respond to client re2uests for
information, failing to appropriately terminate client representation, and failing to respond to a lawful
demand for information from disciplinary authority. In re .oody, @=9 :.*. @52, 8?2 :..2d ?&8 J2&%&K.
In attorney disciplinary proceedings for misconduct arising from mishandling of client funds,
appropriate sanction was retroactive two4year suspension where unethical conduct stemmed from poor
)udgment brought on by manic depressive depressed episode and medical evidence showed attorney
was recovering from depressed episode through treatment with antidepressant drug. Re +owle J%?==K
2?B :* 2BB, @8@ :2d 8?@. 3ne4year suspension from practice of law was appropriate sanction for
attorney's misconduct in connection with his representation of multiple clients, including providing
dilatory responses relating to client matters, using worthless chec, drawn on unapproved trust account
to reimburse client for unearned fees, repeatedly failing to maintain his trust account properly,
tendering worthless chec,s to ;nited :tates *ourt of !ppeals, failing to file appeal for client or inform
her of his oversight, filing of frivolous appeals, practicing law while his license was suspended, and
failing to notify clients and tribunals that his license was suspended- in aggravation, victims were
vulnerable, and attorney had prior disciplinary offense, selfish motive by failing to return unearned
fees, pattern of neglect and dilatory conduct constituting multiple offenses, refusal to ac,nowledge
wrongful nature of conduct, and indifference to ma,ing restitution to clients. :up.*t.Rules, Rule =,
Rules of Grof.*onduct, Rules %.@, %.BJa, bK, %.%5JaK, B.BJaK, =.%JbK. 5lowers v. Doard of Grofessional
Responsibility, @%B :.(.@d ==2 J'enn. 2&%&K. !ttorney's misconduct in affiliating himself with a
nonlawyer who gave legal advice in connection with a living trust scam targeted at seniors warranted
two4year suspension from practice of law- although disbarment was presumptive sanction, attorney
attempted to remediate the harm caused by his misconduct, such that disbarment was not necessary to
protect the public or educate other lawyers. In re >isciplinary Groceeding !gainst :hepard, 2@? G.@d
%&88 J(ash. 2&%&K. 5our4month suspension was appropriate sanction for attorney's misconduct in
billing the :tate Gublic >efender for wor, he did not actually perform, continuing to practice law after
receiving notice of his administrative suspension for failing to comply with his continuing legal
education re2uirements, willingly misleading a sitting )udge about whether or not he had a valid law
license, failing to refund unearned fees, and failing to respond to the 3ffice of Eawyer Regulation,
where attorney committed these ethical violations while overe"tended professionally and trying to
maintain his practice during the brea,4up of his legal partnership. :*R 2&/%.%8JdK, 2&/@.@JaKJ%K,
2&/=.BJcK, 22.&@J2K, @%.%&J%K- . In re >isciplinary Groceedings !gainst +ammis, 2&%% (I @, 9?@
#.(.2d ==B J(is. 2&%%K. 'wo4year suspension from the practice of law was warranted as sanction for
attorney who stipulated to committing professional misconduct by his conviction for possession of
narcotic drugs and felony bail )umping- attorney had prior disciplinary history and engaged in a pattern
of misconduct, and attorney admitted his misconduct, e"pressed remorse, and was undergoing
voluntary drug treatment and monitoring. :*R 2&/=.BJbK. In re >isciplinary Groceedings !gainst
*ompton, 2&%& (I %%2, 9=9 #.(.2d =@%
J(is. 2&%&K. @% !.N;R 'RI!E: 8@@ Gage %52 @% !m. Nur. 'rials 8@@ J3riginally published in %?=BK
Rach *oughlin, s2., G3 D3P 8&?52, R#3, #L, =?5&8, tel/ 995 @@= =%%=, fa"/ ?B? 889 9B&2-
Rach*oughlinShotmail.com #evada Dar #o/ ?B9@
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Document Code:
Zach Coughlin, Esq.
Nevada Bar No: 9473
PO BOX 60952
RENO NV, 89506
ele: 77!"33#"#$$#
%a&: 949"''7"74()
*ttorne+ ,or De,endant -ete Eastman
PLEASE NOTE ADDRESS CHANGE
.N /E %*0.12 D.3.4.5N
5% /E 4EC5ND 67D.C.*1 D.48.C C578 5% /E 4*E 5% NE3*D*
.N *ND %58 /E C57N2 5% 9*4/5E
:.N* 65NE4,
5;ligee,
vs.
D*N* /*88.4
5;ligor.
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Case No: FV11-03779
Dept No: UM
MOTION FOR CONTINUANCE OF MARCH 21, 2012 RECONSIDERATION HEARING
C50E4 N59, 5B1.:58 D*N* /*88.4, ;+ and through his attorne+, Zach Coughlin,
Esq. *nd here;+ moves this Court ,or * continuance o, the 0arch )$, )($) 8econsideration
/earing. his motion is made =ursuant to 9DC8 $3 and 9DC8 4) and 43 and an+ other a==lica;le
la>s or rules. De,endant see?s this continuance in light o, the continue mal,easance o, o==osing
counsel 8ichard :. /ill in the summar+ eviction ,rom the undersigned@s commercial tenanc+ at his
home la> o,,ice >here onl+ a No Cause Notice o, Eviction >as served Aand thus com=letel+ violative
o, the =rohi;ition on summaril+ evicting commercial tenants ,or other than non"=a+ment o, rent< in
another matter and o, N3 Energ+, >hom are no> re,using to allo> the undersigned to set u= electric
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MOTION FOR CONTINUANC OF MARC! 21" 2012 RCON#IDRATION !ARIN$
F I L E D
Electronically
03-21-2012:10:57:51 AM
Clerk of the Court
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service to his current location, seemingl+ in retaliation ,or the undersigned re=orting the misdeeds o,
N3 Energ+, the ;ehemoth mono=ol+, the :olden 3alle+ 4tation 74-4 managers mal,easance in
den+ing the undersigned access to his us mail in im=ro=rer retaliation, and due to the >rong,ul
service o, eviction 5rders o, the 9ashoe Count+ 4heri,,@s and >rong,ul eviction ;+ 9estern Nevada
management and :a+le Bern, Esq. 5n ;ehal, o, -ar? errace o>nhomes /5*. -lease see E&hi;it
$.. %urther, an 8-D 5,,icer admitted to the undersigned that he arrested the undersigned ,or tres=ass
Ades=ite /ill having sent a >ritten notice that the udnersigned >as then ;eing ;illed ,or the ,ull rental
value associated >ith use and occu=anc+ o, the =remises< ;ecause 8ichard :. /ill, Esq. -aid the
8-D 5,,icer mone+. *dditionall+, 8ichard :. /ill, Esq >as a;le to get the undersigned arrested
Acustodial arrest, C$'( ;ail< again on 6anuar+ $), )($) >here the undersigned >as =eace,ull+
collecting discover+ and evidence related to the im=ending >rong,ul eviction against /ill and his
Cali,ornia Beverl+ /ills /igh 4chool graduate neurosurgeon landlord client. he 8-D ine&=lica;l+
arrested the undersigned Acustodial arrest< ,or DEa+>al?ingF, thus inter,ering >ith the collection o,
evidence, including that related to /ill@s trust+ conractor -hil /o>ard, using the undersigned o>n
=l+>ood to ;oard u= the ,ormer home la> o,,ice, >hilst su;mitting a ;ill in e&hi;its on ,ile >ith the
court ,or DstorageF e&=enses o, C$,('( Eust to D;oard u= the =orchF and, strangel+, D,i& a lea? in the
;asementF. >o da+s later the same 8-D 5,,icer >ho ordered the Ea+>al?ing arrest had the
undersigned su;Eectd to another custodial arrest, this one lasting ) da+s, ,or a gross misdemeanor,
Dmisuse o, 9$$F, des=ite the ,act that the undersigned returned to his then address, and discovered his
dog missing Aand =reviousl+ had had his tires slashed, co,,ee thro>n on him, ;een loc?out out
overnight in the ,reeGing cold, etc., etc.< and his domestic ;atterer housemates laughing malevolentl+
a;out it and giving menacing ans>ers in res=onse to the udnersigned@s querries. *maGingl+, the
same 8-D 4argent 4i,re >ho ordered the Ea+>al?ing arrest not onl+ told ,ormer domestic violence
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attorne+ Coughlin that animal a;use >as not domestic violence Athough, technicall+, it is, as its listed
in N84 33.($( and else>here< ;ut that the 8-D >as arresting Coughlin ;ecause he >as a victim.
Nonetheless, 0aster Edmundson sa> ,it to grant -rotection 5rders in %3$)"(($## and %3$)"(($#7
against ;oth o, the undersigned@s ,ormer housemates. 2et, N3 Energ+ shut o,, the electricit+ to the
undersigned@s location at $4)) E. 9th 4t. H), unnoticed Aas the+ had done at the ,ormer la> o,,ice on
8iver 8oc?< and are no> demanding all sorts o, in,ormation and documentation to >hich the+ have
no right and ,urther are re,using to restore service, no matter that =a+ment is o,,ered to them.
Because o, this treacher+, ,or >hich 8ichard :. /ill, Esq is ?no>n ,ar and >ide in and out o, legal
circles , the undersigned has ;een una;le to =er,orm the discover+ needed to =re=are ,or this
reconsideration hearing. *lso, as noted ;elo>, the undersigned ;elieves that it >ill ;e necessar+ to
add counterclaims and additional =art+ de,endants to this case.
LEGAL ARGUMENT
I. Su!"# $% F!&'(:
he undersigned a;ilit+ to ,ile =re=are ,or this hearing >rong,ull+ curtailed. *t a trial on a
tra,,ic citation in 80C $$ 8 )'#((, the undersigned cross e&amined 8-D 4argent arter >hether a
retaliator+ motive ,ormed the ;asis ,or arter@s decision to cite the undersigned >ith three tra,,ic
tic?ets immediatel+ ,ollo>ing the undersigned visting 8ichard :. /ill, Esq@s la> o,,ice.
Because o, the incredi;le mal,easance alluded to a;ove, the undersigned sim=l+ has not ;een
a;le to =re=are ,or this reconsideration hearing to his normal e&tent. .n ,act, 8ichard :. /ill, Esq,
>ithheld Eastman@s ,ile ,or si& >ee?s, in addition to >ithholding the undersigned driver@s license ,or
over 7 da+s. /ill made a mastur;ator+ gesticulation and ,acial gesture at a $)I)(I$$ /earing on the
undersigned 0otion to Contest -ersonal -ro=ert+ 1ien >hen the undersigned invo?ed the =reEudice
and damage to hard >or?ing middle class *mericans li?e Eastman that /ill@s incredi;le lac? o,
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character >rought on their legal a,,airs. /ill currentl+ attem=ts to su;Eect the undersigned to a
Dquadru=le Eeo=ard+F o, having to attend and de,end multi=le 5rders to sho> cause, criminal tres=ass
charges, state ;ar grievances ,iled ;+ /ill, etc., etc. *t some =oint the entities ;eing leverage ;+ /ill
ma+ >ant to consider >hether the =rice in re=utation the+ are =a+ing is a ;it stee= ,or >hatever it is
=roviding them the motivation to so assiduousl+ res=ond to 0r. /ill@s childish >ol, cr+ing. 9hile
the undersigned is not sa+ing this, some ma+ and some ma+ have said that such entities are ;eing
leveraged as attac? dogs ,or 8ichard :. /ill, and one has to >onder Eust >h+ it is the+ are so eager to
,unction in that ca=acit+. 1et the sunshine:
htt=s:IIs?+drive.live.comIJcidK43(#4'3#,3),!,)#HcidK43(#4'3#%3)%!%)#LidK43(#4'3#%3)%!%)#M)$$#97
CONCLUSION
-lease continue the reconsideration hearing set ,or $$:3( am on 0arch )$, )($).
AFFIRMATION PURSUANT TO NRS 2)9B.0)0
he undersigned does here;+ a,,irm that the =receding document does not contain the social
securit+ num;er o, an+ =erson.

Dated: 0arch )(th, )($)
I4I Zach CoughlinNNNNNNNN
Zach Coughlin,Esq.
*ttorne+ ,or 5;ligor /arris
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PROOF OF SERVICE
-ursuant to N8C- !A;<, . certi,+ that . served a co=+ o, the ,oregoing document u=on the
,ollo>ing =art+ ;+ electronicall+ ,iling on 0arch )(
th
, )($) and there,ore serving u=on registered
e,iler:
C5DE )!!!
B*8. 1E-58. C58D.4C5, D.D.*.
) B*8 H 34'7
-5 B5O 3((#3
3 8EN5, N3 #9!)("3(#3
A77!< 7#9"7$((
*nd de=ositing a true and correct co=+ in the 74 0ail to Aand =ersonal service >ill ;e attem=ted as >ell,
including leaving a co=+ on 0s. 6ones door in ho=es o, eliminating an+ inconvenience to her should a
continuance ;e granted<:
:ina 6ones
37#( -lumas 4t.
8eno, N3 #9!(9
Date this 0arch )(, )($):
I4I Zach Coughlin
Zach Coughlin, Esq.
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INDEX TO EXHIBITS

$. various ,ilings and documentation su==orting an e&cusa;le neglect anal+sis and =roviding other
;asis ,or allo>ing the undersigned more time to =re=are to aduatel+ re=resent 0r. /arrisP t>o
hundred and ,i,t+ three =ages A)!3<.
- 6 -
Rev. 10/24/2002

IN THE FAMILY DIVISION OF THE SECOND JUDICIAL DISTRICT COURT
OF THE STATE OF NEVADA IN AND FOR THE COUNTY OF WASHOE
* * *
)
)
)
)
vs. )
)
)
)
)
)

FAMILY COURT
MOTION/OPPOSITION NOTICE
(REQUIRED)

CASE NO.
DEPT. NO.

NOTICE: THIS MOTION/OPPOSITION NOTICE MUST BE ATTACHED AS THE
LAST PAGE to every motion or other paper filed pursuant to chapter 125, 125B
or 125C of NRS and to any answer or response to such a motion or other paper.

Mark the CORRECT ANSWER with an X.
YES NO
1. Has a final decree or custody order been entered in this
case? If yes, then continue to Question 2. If no, you do not
need to answer any other questions.

2. Is this a motion or an opposition to a motion filed to
change a final order? If yes, then continue to Question 3. If
no, you do not need to answer any other questions.

3. Is this a motion or an opposition to a motion filed only to
change the amount of child support?

4. Is this a motion or an opposition to a motion for
reconsideration or a new trial and the motion was filed
within 10 days of the Judges Order?

A.
IF the answer to Question 4 is YES, write in the filing
date found on the front page of the Judges Order.
Date

B.
If you answered NO to either Question 1 or 2 or YES to Question 3 or 4, you are exempt
from the $25.00 filing fee. However, if the Court later determines you should have paid the
filing fee, your motion will not be decided until the $25.00 fee is paid.

I affirm that the answers provided on this Notice are true.

Date: , Signature:

Print Name:
Print Address:
Telephone Number:

GINA JONES
DANA HARRIS
FV11-03779
UM
1/23/12
1 26 2012
zach coughlin
1422 E. 9th st. #2 reno 89512
7753388118
xx
xxx
3/21
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Document Code:
Zach Coughlin,Esq.
1422 E. 9
th
St. #2
Reno, NV 89512
Tele: 775-338-8118
Fa: !"!-##7-7"$%
ZachCoughlin&hotmail.com
'a( ha)e inco**ectl( +een listed as ,tto*ne( -eco*d .o* /essin
012TED 3T,TE3 4,15-06TC7 C80-T
D23T-2CT 8F 1E9,D,
21 -E :8;1 D. /E3321<
De+to*
======================================
,llison Taitano 'oo*e<
6lainti..<
:8;1 D /E3321,
De.endant
>
>
>
>
>
>
>
>
>
>
>
>
>
45 C,3E 18: 45-1-11-51818-+t+
Cha?te* 7
'8T281 F8- E@TE13281 8F T2'E T8
F2AE 866832T281 T8 '8T281 F8-
30'',-7 :0D/'E1T -E:
D23C;,-/E,42A2T7< 8-, 6AED 21 T;E
,ATE-1,T29E, 866832T281 T8
'8T281 F8- 30'',-7 :0D/'E1T
and '8T281 T8 B2T;D-,B ,3
C8013EA
,d). 6*oc. 1o.: 11-$5$78-+t+
MOTION FOR EXTENSION OF TIME TO FILE OPPOSITION TO MOTION FOR
SUMMARY U!"MENT RE# !IS$%AR"EA&ILITY' OR, PLE! IN T%E ALTERNATIVE,
OPPOSITION TO MOTION FOR SUMMARY U!"MENT (n) MOTION TO *IT%!RA*
AS $OUNSEL
C8'E3 18B, De.endantCDe+to* and mo)es this .o* an 8*de* ,lloDing the unde*signed to Bithd*aD as
Counsel o. -eco*d, Dith the ca)eat that the unde*signed does not +elie)e it Das technicall( co**ect to list him as ,tto*ne(
o. -eco*d at an( time, gi)en the onl( .ilings De*e delineated as Eun+undled se*)icesF in se)e*al ?laces, includign the
atto*ne(Gs contact in.o*mation. This motion is made and +ased u?on the ?leadings and ?a?e*s on .ile
he*ein, and u?on the 6oints and ,utho*ities, and decla*ation o. Z,C;,-7 4. C80/;A21, E3H.,
attached he*eto.
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'8T281 F8- E@TE13281 8F T2'E T8 F2AE 866832T281 T8 '8T281 F8- 30'',-7 :0D/'E1T -E: D23C;,-/E,42A2T7< 8-,
6AED 21 T;E ,ATE-1,T29E, 866832T281 T8 '8T281 F8- 30'',-7 :0D/'E1T and '8T281 T8 B2T;D-,B ,3 C8013EA
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I. STATEMENT OF FA$TS
4( Da( o. the unde*signed .iling a document Dhich clea*l( detailed that it Das +eing .iled as
an Eun+undled se*)iceF, De+to* .iled an ,nsDe* to a ,d)e*sa*( 6*oceeding Com?laint incident to a
Cha?te* 7 on 3e?tem+e* #th, %$11. Due to neithe* '*. /essin no* the unde*signed ha)ing ne)e*
intended .o* the unde*signed to a??ea* as atto*ne( o. *eco*d, Zach Coughlin, Esq. 'o)es this cou*t to
g*ant the motion to Dithd*aD as the atto*ne( o. *eco*d on the a+o)e De+to*s case. Fu*the*, '*.
/essin sent the unde*signed nume*ous emails con.i*ming that he +oth did not Dant the unde*signed to
+e atto*ne( o. *eco*d in the matte*, +ut that he also did not )ieD the unde*signed to +e so o* .eel that
the unde*signed Das atto*ne( o. *eco*d in this matte*. Zach Coughlin, Esq. 'o)es this cou*t to g*ant
the motion to Dithd*aD as the atto*ne( o. *eco*d in this matte*, as he is and has +een listed so and has
+een *ecei)ing the elect*onic case .iling noti.ications. ;oDe)e*, the unde*signed has not consistentl(
.o*Da*ded e)e*( single one o. those noti.ications and thei* associated .ilings to '*. /essin, as '*.
/essin indicated also that he Das .olloDing the case th*ough 6ace*.
POINTS AN! AUT%ORITIES
Aocal -ule %$1". ,TT8-1E73 8F -EC8-D
Ia> ,??ea*ances. ,n atto*ne( Dho a??ea*s in a case on +ehal. o. a ?a*t( is the atto*ne( o. *eco*d .o*
the ?a*t( .o* an( and all ?u*?oses ece?t ad)e*sa*( ?*oceedings until an o*de* is ente*ed ?e*mitting
the Dithd*aDal o. the atto*ne( o* the case is closed o* dismissed. I1> ,n atto*ne( a??*o)ed as s?ecial
counsel .o* the +anJ*u?tc( estate andCo* the de+to* unde* 11 0.3.C. K 3%7Ie> Io* an( othe* a??lica+le
code section> is atto*ne( o. *eco*d .o* that s?ecial ?u*?ose onl(. The atto*ne( is atto*ne( o. *eco*d .o*
the s?ecial ?u*?ose until an o*de* is ente*ed ?e*mitting the Dithd*aDal o. the atto*ne( o* the case is
closed o* dismissed. I%> 0nless the cou*t o*de*s othe*Dise o* .u*the* a??ea*ance is made in an
ad)e*sa*( ?*oceeding, an atto*ne( Dho has a??ea*ed .o* a ?a*t( onl( in the main +anJ*u?tc( case is
not automaticall( the atto*ne( o. *eco*d .o* the ?a*t( in the ad)e*sa*( ?*oceeding.
I+> 3u+stitution o. Counsel. , sti?ulation and o*de* ?e*mitting su+stitution o. counsel ma( +e
su+mitted e ?a*te i. Ii> the su+stitution is signed +( the client, the Dithd*aDing counsel and the
su+stituting counsel< and Iii> the su+stituting counsel acJnoDledges *es?onsi+ilit( .o* all ?ending
dates and deadlines. 1otDithstanding this ?*o)ision, the cou*t ma( *equi*e that *equests .o*
su+stitution o. counsel +e set on noticed hea*ing.
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Ic> Bithd*aDals. 3ee A- 2, 1$-# o. the Aocal -ules o. 6*actice .o* the 0nited 3tates Dist*ict Cou*t
.o* the Dist*ict o. 1e)ada.
LR IA 1+,-. APPEARAN$ES, SU&STITUTIONS AN! *IT%!RA*ALS.
Ia> , ?a*t( Dho has a??ea*ed +( atto*ne( cannot Dhile so *e?*esented a??ea* o* act in the case.
,n atto*ne( Dho has a??ea*ed .o* a ?a*t( shall +e *ecogniLed +( the cou*t and all the ?a*ties as ha)ing
cont*ol o. the clientGs case. The cou*t in its disc*etion ma( hea* a ?a*t( in o?en cou*t e)en though the
?ai-t( is *e?*esented +( an atto*ne(.
I+> 1o atto*ne( ma( Dithd*aD a.te* a??ea*ing in a case ece?t +( lea)e o. coui-t a.te* notice
se*)ed on the a..ected client and o??osing counsel.
Ic> ,n( sti?ulation to su+stitute atto*ne(s shall +e +( lea)e o. coui-t and shall +ea* the signatu*es
o. the atto*ne(s and o. the client *e?*esented. Ece?t Dhe*e accom?anied +( a *equest .o* *elie. unde*
su+section Ie> o. this *ule, the signatu*e o. an atto*ne( to a sti?ulation to su+stitute such atto*ne( into a
case constitutes an e?*ess acce?tance o. all dates then set .o* ?*et*ial ?*oceedings, .o* tiial o* hea*ing,
+( the disco)e*( ?lan, o* in an( cou*t o*de*.
Id> Discha*ge, Dithd*aDal o* su+stitution o. an atto*ne( shall not alone +e *eason .o* dela( o.
?*et*ial ?*oceedings, disco)e*(, the t*ial, o* an( hea*ing in the case.
Ie> Ece?t .o* good cause shoDn, no Dithd*aDal o* su+stitution shall +e a??*o)ed i. dela( o.
disco)e*(, the t*ial o* an( hea*ing in the case Dould *esult. Bhe*e dela( Dould *esult, the ?a?e*s
seeJing lea)e o. cou*t .o* the Dithd*aDal o* su+stitution must *equest s?eci.ic *elie. .*om the scheduled
t*ial o* hea*ing. 2. a t*ial setting has +een made, an additional co?( o. the mo)ing ?a?e*s shall +e
?*o)ided to the cle*J .o* immediate deli)e*( to the assigned dist*ict Mudge, +anJ*u?tc( Mudge o*
magist*ate Mudge.
4a**ie ,ltho.., Aimiting the 3co?e o. 7ou* -e?*esentation: Bhen 7ou* Client Bants, o* Can
,..o*d, 8nl( 6a*t o. 7ou, Bashington 3tate 4a* 1eDs I:un. 1!!7>.
,nthon( 6. Ca?oLLi, -es?onding to the 6*o 6e* C*isis, Cali.o*nia 4a* :ou*nal IFe+ %$$">.
,licia '. Fa*le(, ,n 2m?o*tant 6iece o. the 4undle: ;oD Aimited ,??ea*ances Can 6*o)ide
an Ethicall( 3ound Ba( to 2nc*ease ,ccess to :ustice .o* 6*o 3e Aitigants, The /eo*getoDn
:ou*nal o. Aegal Ethics, 9ol. %$, 1o. 3 I3umme* %$$7>.
5im 6*ochnau, 3licing the 8nion: -ules o. 6*o.essional Conduct and Cou*t -ules 'aJe 2t
Easie* .o* 6*i)ate and 1on-6*o.it Aegal 6*actitione*s to 6*o)ide N0n+undledN Aegal 3e*)ices,
Bashington 3tate 4a* 1eDs I,?*. %$$3>.
4*adle( ,. 9aute*, 0n+undling: Filling the /a?, 'ichigan 4a* :ou*nal, 9ol. 7!, at 1#88
I%$$$>.
4ooJs and -e?o*ts
Caught in the 'iddle: %$$3 -e?o*t and -ecommendations o. the 1o*th Ca*olina 4a*
,ssociation 6*o 3e TasJ Fo*ce IDec. %$$3>.
Challenge to :ustice: , -e?o*t on 3el.--e?*esented Aitigants in the 1eD ;am?shi*e Cou*ts,
1eD ;am?shi*e 3u?*eme Cou*t TasJ Fo*ce on 3el.--e?*esentation I:an. %$$">.
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Ethics 2ssues -ega*ding the Conce?t o. 0n+undled Aegal 3e*)ices I'emo*andum>, -o+ 4a*e,
1e)ada 3tate 4a* I'a*. 31, 1!!!>.
Famil( AaD Aimited -e?*esentation -isJ 'anagement 'ate*ials, Aimited -e?*esentation
Committee, Cali.o*nia Commission on ,ccess to :ustice I:anua*( 1%, %$$">.
;and+ooJ on Aimited 3co?e Aegal ,ssistance, ,4, 3ection o. Aitigation I%$$3>.
6*o 3e Aitigants: The Challenge o. the Futu*e, 'assachusetts 6*o+ate and Famil( Cou*t
De?a*tment 6*o 3e Committee -e?o*t IDec. 1!!!>.
-e?o*t and -ecommendations on N0n+undledN Aegal 3e*)ices, Commission on 6*o)iding
,ccess to Aegal 3e*)ices .o* 'iddle 2ncome Consume*s, 1eD 7o*J 3tate 4a* ,ssociation
IDec. %$$%>.
-e?o*t o. the 0n+undled Aegal 3e*)ices 3?ecial Committee 22, Flo*ida 4a* ,ssociation I:ul.
%#, %$$%>.
-e?o*t on Aimited 3co?e Aegal ,ssistance Dith 2nitial -ecommendations, Aimited
-e?*esentation Committee o. the Cali.o*nia Commission on ,ccess to :ustice I8ct. %$$1>.
,??endi
3el. -e?*esented Aitigants in the 9i*ginia Cou*t 3(stem, 3u?*eme Cou*t o. 9i*ginia 6*o 3e
Aitigation 6lanning Committee, Enhancing ,ccess to :ustice -e?o*t I3e?t. %$$%>.
0n+undling Aegal 3e*)ices: , /uide to Deli)e*ing Aegal 3e*)ices a la Ca*te, Fo**est 3.
'osten, ,me*ican 4a* ,ssociation I%$$$>.
Cases
'el)in Finance, 2nc. ). ,*tis, 157 1.C. ,??. 71#, %$$3 BA %1153"%# I1.C.,??.>
De.endant *etained an atto*ne( on a limited +asis, .olloDing an action .iled +( the ?lainti.. to
*eco)e* costs on a de.aulted loan. Aimited *e?*esentation atto*ne( ag*eed to .ile *es?onsi)e
?leadings and negotiate a settlement ag*eement, and .iled a notice o. limited a??ea*ance.
Bhile the de.endant *ecei)ed notice o. a scheduled hea*ing and .o*Da*ded it to his limited
*e?*esentation atto*ne(, neithe* de.endant no* atto*ne( a??ea*ed at the hea*ing and,
consequentl(, an a*+it*ation aDa*d Das ente*ed .o* the ?lainti... De.endant .iled a motion to set
aside Mudgment, Dhich Das denied. 8n a??eal, the de.endant claimed the limited
*e?*esentation atto*ne( s .ailu*e to a??ea* at the hea*ing amounted to ecusa+le neglect and
that the Mudgment should +e set aside. The cou*t .ound that since the de.endant *ecei)ed notice
o. the hea*ing and had *etained the atto*ne( on a limited +asis, that the limited *e?*esentation
atto*ne( s conduct did not constitute ecusa+le neglect. The loDe* cou*t decision Das
a..i*med.
:ohnson ). 4oa*d o. Count( CommG*s, 8#8 F.3u??. 1%%# ID. Colo. 1!!">
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Fo*me* she*i.. de?a*tment Do*Je*s +*ing seual ha*assment suit against count( she*i.. in his
indi)idual and o..icial ca?acities. ,tto*ne( *e?*esenting she*i.. ente*s limited a??ea*ance on
+ehal. o. his o..icial ca?acit(. Cou*t .inds that atto*ne( cannot ente* limited a??ea*ance on
+ehal. o. she*i..Gs o..icial ca?acit(. ,tto*ne( *e?*esenting she*i.. must act .o* the enti*e ?e*son,
including indi)idual and o..icial ca?acities. Ente*ing such limited a??ea*ance is not com?etent
and Lealous *e?*esentation as *equi*ed +( ethical *ules as it lea)es o..ice* unde.ended on
indi)idual ca?acit( claims. Cou*t .u*the* .inds that ghostD*iting o. documents .o* ?*o se
litigants ma( su+Mect laD(e*s to contem?t o. cou*t. /hostD*iting gi)es litigants un.ai*
ad)antage in that ?*o se ?leadings a*e const*ued li+e*all( and ?*o se litigants a*e g*anted
g*eate* latitude in hea*ings and t*ials. /hostD*iting also *esults in e)asion o. o+ligations
im?osed on atto*ne(s +( statute, code, and *ule, and in)ol)es laD(e*s in litigantsG
mis*e?*esentation o. ?*o se status in )iolation o. ethical *ules.
-icotta ). Cali.o*nia, " F.3u??.%d !#1 I3.D. Cal. 1!!8>
,tto*ne( licensed in the 3tate o. Cali.o*nia did not )iolate ?*ocedu*al, su+stanti)e, and
?*o.essional *ules o. a .ede*al cou*t +( lending some assistance to .*iends, .amil( mem+e*s,
and othe*s Dith Dhom she sha*ed s?ecialiLed JnoDledge. ,tto*ne( ?e*.o*med *esea*ch and
?*e?a*ed *ough d*a.ts o. ?o*tions o. ?*o se litigantGs ?leadings in an action against )a*ious
o..icial de.endants, +ut did not sign the documents. 4ecause atto*ne( did not gathe* and
anon(mousl( ?*esent legal a*guments Dith the actual o* const*ucti)e JnoDledge that ?lainti..
Dould use them in cou*t, and +ecause atto*ne( did not engage in etensi)e, undisclosed
?a*tici?ation that ?e*mitted ?lainti.. to .alsel( a??ea* as +eing Dithout ?*o.essional assistance,
atto*ne( had not )iolated an( *ules.
3ha*? ). 3ha*?, %$$# BA 3$88$#7 I9a.Ci*.Cou*t>
Com?lainant and *es?ondent De*e co-tenants o. *eal estate ?*o?e*t(. The *es?ondent a??ea*ed
?*o se du*ing a hea*ing +e.o*e the commissione* in chance*(, +ut then hi*ed an atto*ne( Dho
a??ea*ed in a limited ca?acit( at se)e*al othe* hea*ings. 8n a??eal, the cou*t sought to
dete*mine Dhethe* o* not the atto*ne( could a??ea* in a limited ca?acit( and Dhethe* the
atto*ne( s a??ea*ance quali.ied him as o..icial Natto*ne( o. *eco*dN. The cou*t .ound that it
Das not +ound +( ag*eements made +etDeen client and atto*ne( and that a cou*t ma( N*equi*e
mo*e o. an atto*ne( than me*e com?liance Dith the ethical const*aints o. the -ules o.
6*o.essional ConductN. The cou*t .ound that the atto*ne( could maJe a motion to Dithd*aD
once he com?leted the tasJs ag*eed u?on, +ut that the cou*t had ultimate disc*etion in g*anting
the Dithd*aDal.
3t*eit ). Co)ington O C*oDe, 8% Cal.,??. "th ""1 I%$$$>
2n a laDsuit, ?lainti.. s counsel o. *eco*d *equested that anothe* .i*m maJe a Ns?ecial
a??ea*anceN at a summa*( Mudgment motion, a??ea*ing on +ehal. o. counsel o. *eco*d.
6lainti.. .iled a legal mal?*actice suit a.te* a summa*( Mudgment Das ente*ed against he*,
a*guing that the s?ecial a??ea*ance c*eated an atto*ne(-client *elationshi?. The a??ellate cou*t
.ound that an atto*ne( maJing a s?ecial a??ea*ance *e?*esents the client s inte*ests and has a
?*o.essional atto*ne(-client *elationshi? Dith the client. Fu*the*, the )olunta*( a??ea*ance
c*eated a limited *e?*esentation status and not a t*ue Ns?ecial a??ea*anceN.
Cou*t -ules
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,lasJa
,lasJa -ule o. Ci)il 6*ocedu*e 81, e?*essl( ?e*mits limited a??ea*ances and go)e*ns
atto*ne( Dithd*aDal.
,*iLona
,*iLona -ules o. Famil( AaD 6*ocedu*e !I4>, go)e*ns limited *e?*esentation and atto*ne(
Dithd*aDal in .amil( laD ?*oceedings.
,*iLona -ules o. Ci)il 6*ocedu*e 5.%, go)e*ns limited *e?*esentation and atto*ne( Dithd*aDal
in )ulne*a+le adult e?loitation actions.
Cali.o*nia
Cali.o*nia Famil( and :u)enile -ules 5.71, go)e*ns a??lication to +e *elie)ed as counsel.
Cali.o*nia Ci)il -ule 3.3#, go)e*ns notice and a??lication to +e *elie)ed as atto*ne(.
Colo*ado
Colo*ado -ule o. Count( Cou*t 311I+>, *equi*es laD(e*s to disclose assistance in document
?*e?a*ation +ut cla*i.ies that such disclosu*e does not c*eate an ent*( o. a??ea*ance.
DelaDa*e
DelaDa*e Famil( Cou*t -ule o. Ci)il 6*ocedu*e 5I+>I%>, go)e*ns limited a??ea*ance, se*)ice
and atto*ne( Dithd*aDal in .amil( laD matte*s.
Flo*ida
Flo*ida Famil( AaD -ules o. 6*ocedu*e, -ule 1%.$"$, go)e*ns Aimited ,??ea*ance,
Bithd*aDal o* Aimiting ,??ea*ance, 3co?e o. -e?*esentation, 6*e?a*ation o. 6leadings o*
8the* Documents, 1otice o. Aimited ,??ea*ance, and 3e*)ice.
Flo*ida Famil( AaD -ules o. 6*ocedu*e 1%.75$, go)e*ns the o?e*ation o. sel.-hel? ?*og*ams
Dithin .amil( cou*ts.
2oDa
2oDa -ules o. Ci)il 6*ocedu*e ena+ling un+undled se*)ices include:
P -C6 1."$"I3>, e?*essl( ?e*mitting limited a??ea*ances so long as the cou*t is noti.ied<
P -C6 1."$"I">, go)e*ning te*mination o. limited a??ea*ance<
P -C6 1."%3, *equi*ing laD(e*s Dho ?*e?a*e ?leadings in limited *e?*esentation to sign
them and cla*i.(ing that signing a ?leading does not constitute an a??ea*ance<
P -C6 1.""%I%>, esta+lishing the *equi*ements .o* se*)ice on atto*ne( Dho has made a
limited a??ea*ance.
'aine
'aine -ule o. 6*o.essional Conduct 1.%Ic>, e?licitl( alloDs limited *e?*esentation and alloDs
a laD(e* to .ile a limited a??ea*ance i. the client consents in D*iting.
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'aine -ule o. Ci)il 6*ocedu*e 11 go)e*ns limited a??ea*ances.
'issou*i
'issou*i -ules o. 6*o.essional Conduct 1.1# Ic>, go)e*ns atto*ne( Dithd*aDal .o* limited
*e?*esentation.
'issou*i -ules o. Ci)il 6*ocedu*e 55.$3, ?e*mits a laD(e* to d*a.t ?leadings Dithout
disclosu*e and cla*i.ies a??ea*ance and Dithd*aDal o. atto*ne( in limited *e?*esentation.
1e+*asJa
1e+*asJa -6C 5$1.%, go)e*ns limited *e?*esentation, atto*ne( assisted document ?*e?a*ation
and atto*ne( Dithd*aDal.
1e)ada
-ules o. 6*actice o. the Eighth :udicial Dist*ict Cou*t o. the 3tate o. 1e)ada, -ule 5.%8
*equi*es signed ?leadings, notice o. the limited *e?*esentation to the cou*t and go)e*ns the
?*ocedu*e .o* Dithd*aDal.
1eD ;am?shi*e
1eD ;am?shi*e -ules o. Ci)il 6*ocedu*e ena+ling un+undled se*)ices include:
P -C6 3, *equi*ing that ?leadings and communication +e .u*nished to +oth client and limited
*e?*esentation atto*ne( until Dithd*aDal o. limited a??ea*ance<
P -C6 17, go)e*ning a??ea*ance, atto*ne( Dithd*aDal and document ?*e?a*ation assistance.
1eD 'eico
1eD 'eico -ules o. 6*o.essional Conduct 1#-3$3IE>, *equi*es laD(e* to disclose sco?e o.
*e?*esentation to cou*t.
0tah
0tah -ules o. Ci)il 6*ocedu*e 7"I+>, go)e*ns atto*ne( Dithd*aDal .olloDing limited
a??ea*ance.
0tah -ules o. Ci)il 6*ocedu*e 75, e?*essl( ?e*mits limited a??ea*ances a.te* client consents
in D*iting.
9e*mont
9e*mont -ules o. Ci)il 6*ocedu*e 7!.1I1>, go)e*ns a??ea*ance, Dithd*aDal and se*)ice.
9e*mont -ule o. Famil( 6*ocedu*e 15Ih> go)e*ns limited a??ea*ances, Dithd*aDal and se*)ice
in .amil( laD matte*s.
Bashington
Bashington Ci)il -ule ".%, e?*essl( ?e*mits a limited ent*( o. a??ea*ance.
Bashington Ci)il -ule o. Aimited :u*isdiction ".%, go)e*ns limited a??ea*ances.
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Bashington Ci)il -ule 11, ?e*mits a laD(e* Dho assists Dith d*a.ting to *el( on the sel.-
*e?*esented ?a*t(Gs *e?*esentation o. .acts.
Bashington Ci)il -ule o. Aimited :u*isdiction 11, ?e*mits a laD(e* Dho assists Dith d*a.ting
to *el( on the sel.-*e?*esented ?a*t(Gs *e?*esentation o. .acts.
Bashington Ci)il -ule 7$.1, e?*essl( alloDs limited a??ea*ances in litigation.
Bashington Ci)il -ule o. Aimited :u*isdiction 7$.1, e?*essl( alloDing limited a??ea*ances in
litigation.
Bisconsin
'ilDauJee Count( Famil( Di)ision -ule 5.# e?*essl( ?e*mits limited a??ea*ances.
B(oming
The 0ni.o*m -ules o. the Dist*ict Cou*t o. the 3tate o. B(oming, -ule 1$% go)e*ns
a??ea*ance and Dithd*aDal .o* un+undled *e?*esentation.
Ethics 8?inions
Aos ,ngeles Cnt( 4a* ,ssGn 6*o.. -es?. and Ethics Comm. Ethics 8?. "83
,n atto*ne( ma( limit the atto*ne(Gs se*)ices +( ag*eement Dith a ?*o ?e* litigant to
consultation on ?*ocedu*es and ?*e?a*ation o. ?leadings to +e .iled +( the client ?*o ?e*. ,
litigant ma( +e eithe* sel.-*e?*esented o* *e?*esented +( counsel, +ut not +oth at once, unless
a??*o)ed +( the cou*t. 2n o*de* .o* atto*ne( to s?eciall( a??ea* on +ehal. o. the litigant +e.o*e
the cou*t .o* a limited ?u*?ose, the atto*ne( should com?l( Dith all a??lica+le cou*t *ules and
?*ocedu*es o. the ?a*ticula* t*i+unal.
DelaDa*e 3tate 4a* ,ss n 8? Q %$$#-1
, laD(e* ma( +e *equi*ed to ?e*.o*m +e(ond the te*m o. a limited sco?e *e?*esentation
ag*eement i. the Cou*t *equested, o* the Client s ci*cumstance Da**anted such action. 2n most
ci*cumstances, an ag*eement to Dithd*aD .*om *e?*esentation Dould not )iolate an( ethics
*equi*ement, as long as the laD(e* ?*o)ides adequate ad)ice to Client conce*ning the sco?e o.
*e?*esentation. 2n .amil( cou*t, the Cou*t s ?e*mission ma( +e needed to Dithd*aD .*om
sim?le di)o*ce ?etitions in ce*tain ci*cumstances.
D.C. 4a* 8?. 33$ I%$$5>
0n+undling o. legal se*)ices is ?e*missi+le unde* D.C. -ule 1.% I c >, ?*o)ided the client is
.ull( in.o*med o. the limits on the sco?e o. the *e?*esentation and these limits do not ?*e)ent
the ?*o)ision o. com?etent se*)ice. 2. a ?a*t( is ?*oceeding ?*o se, o??osing counsel should
t*eat that ?a*t( as un*e?*esented unless and until that counsel *ecei)es *easona+le notice o.
*e?*esentation .*om the ?a*t( o* he* laD(e*.
2llinois 3tate 4a* ,ssGn 6*o.. Conduct Comm. 8?. 8"! I1!83< ,..i*med 1!!1>
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,n atto*ne( ma( ag*ee in ad)ance Dith his o* he* client to limit the sco?e o. the atto*ne(Gs
*e?*esentation and d*a.t ?leadings Dithout a??ea*ing o* taJing an( ?a*t in an( o. the
?*oceeding itsel., ?*o)ided that the client gi)es his o* he* .ull( in.o*med consent to such
limitation o. em?lo(ment and the atto*ne( taJes Dhate)e* ste?s ma( +e necessa*( to a)oid
.o*eseea+le ?*eMudice to the clientGs *ights.
'aine 3tate 4a* Ethics 8?inion 1o. 8! I1!88>
, laD(e* is not *equi*ed to sign a com?laint o* ente* an a??ea*ance as counsel o. *eco*d Dhen
*e?*esentation is solel( limited to ?*e?a*ation o. the com?laint.
'issou*i 4a* ,ssGn ,d)iso*( 8?. !"$1#1
2t is im?e*missi+le .o* a laD(e* to d*a.t *es?onsi)e ?leadings to an un*e?*esented o??osing
?a*t( in a di)o*ce. ;oDe)e*, a laD(e* ma( d*a.t an ent*( o. a??ea*ance i. the laD(e* includes
a lette* indicated that he o* she *e?*esents the o??osing ?a*t( and that the un*e?*esented ?a*t(
should o+tain counsel.
1eD 7o*J 3tate 4a* ,ssGn 8?. #13 I1!!$>
, laD(e* Dho does not a??ea* as counsel o. *eco*d .o* a ?*o se litigant ma( ?*e?a*e *es?onsi)e
?leadings and demands .o* .inancial disclosu*e, ?*o)ided the laD(e* in)estigates the matte*
adequatel(.
1o*th Ca*olina 3tate 4a* -6C 11" I1!!1>
Aegal se*)ices atto*ne(s ma( ?*o)ide legal ad)ice and d*a.ting assistance to ?*o se litigants
Dithout a??ea*ing as counsel o. *eco*d. 2. cou*t a??*o)ed ?leading .o*ms eist, atto*ne(s ma(
maJe them a)aila+le to indi)iduals Dishing to ?*oceed ?*o se.
4d. o. 6*o.. -es?. o. the 3u?. Ct. o. Tenn. 8?. %$$5-F-151
,tto*ne(s ma( o..e* limited *e?*esentation th*ough a ?*o se clinic i. the( o+tain client s
consent, ?*e.e*a+l( in D*iting. ,tto*ne(s ma( d*a.t ?*oceedings .o* clients, i. the atto*ne(
noti.ies the Cou*t that counsel has assisted a ?*o se litigant. The ?h*ase N6*e?a*ed Dith
,ssistance o. CounselN is *ecommended .o* inclusion on such ?leadings in a ?*ominent
manne*. ,tto*ne(s Dho d*a.t ?*oceedings need not a??ea* and *e?*esent the client.
0tah 3tate 4a* Ethics ,d)iso*( 8?. Comm. 8?. $8-$1 I%$$8>
, laD(e* ma( ?*o)ide legal assistance to litigants a??ea*ing +e.o*e t*i+unals ?*o se and hel?
them ?*e?a*e D*itten su+missions Dithout disclosing o* ensu*ing the disclosu*e to othe*s o. the
natu*e o* etent o. such assistance. 0nde*taJing to ?*o)ide limited legal hel? does not
gene*all( alte* an( othe* as?ect o. the atto*ne( s ?*o.essional *es?onsi+ilities to the client.
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B;E-EF8-E, Zach Coughlin, Esq. he*e+( *equest this ;ono*a+le Cou*t g*ant this 'otion .o* Bithd*aDal as Counsel in
the instant case. Dated on this 'a*ch 1!
th
, %$1%
./. 0(1h $o23h45n
0(1h $o23h45n, E/6.
Atto7ne8 9o7 "e//5n, 2n:2n)4e) /e7;51e/
DECA,-,T281 8F Z,C; C80/;A21, E3H. 21 30668-T 8F '8T281 T8
B2T;D-,B ,3 C8013EA 8F -EC8-D
2, Zach Coughlin, Esq., decla* unde* ?enalt( o. ?e*Mu*( ?u*suant to 1-3 5".$"5 that the
.olloDing is t*ue and co**ect:
1. That 2 am an atto*ne( licensed to ?*actice laD in the 3tate o. 1e)ada, and that 2 ha)e ?e*sonal
JnoDledge o. and am com?etent to testi.( conce*ning the .acts he*ein. R
%. De+to* and De+to*Gs Counsel ne)e* intended .o* the unde*signed to a??ea* as atto*ne( o. *eco*d,
hoDe)e* the 194 so listed the udne*signed I?e*ha?s co**ectl(, in light o. the -ules, admittedl(>.
3. /essin has sent nume*ous D*itten co**es?ondences to the unde*signed Dhe*ein he acJnoDledges
that the unde*signed is not his atto*ne( in this matte*, o* Das the unde*signed e)e* unde* an(
o+ligation othe* than to c*a.t the ,nsDe* and 'otion to Dismiss in this matte*
The*e.o*e, a..iant +elie)es that it is necessa*( to Dithd*aD as counsel .o* de+to*. , co?( o.
this a??lication has +een mailed to :ohn /essin at his last JnoDn add*ess: PO BOX 19852, RENO, NV
89511-2514, in addition to sending it to the email add*ess ?*e)iousl( used to communciate Dith '*.
/essin.
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Dated on this 'a*ch 1!
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,tto*ne( .o* /essin, un+undled se*)ices
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Close Print
bar grievance reporting unauthorized practice of law
From: Zach Coughlin (zachcoughlin@hotmail.com)
Sent: Mon 3/19/12 1:07 PM
To: glennm@nvbar.org
4 attachments
THE 2 11 12 email to WCSO RPD Reno City Attorney Hill NPUC Hill et al b.pdf (137.8 KB) , from nv supreme court
website on eviction stay packet instructions.pdf (28.0 KB) , Eviction Procedure - Washoe County Sheriff's Office - 911
Parr Blvd, Reno, Nevada.pdf (80.9 KB) , stay eviction 31 thru 36 zc park terrace HOA package fill out reprinted.pdf (78.3
KB)

Dear Assistant Bar Counsel Machado,

Hello, and I hope you are well. I am writing to file a grievance against Galye A. Kern, Esq. and Sue King, property manager and owner of Western Nevada Management
related to the unauthorized practice of law and unlawful interference with my attorney-client relationships and violation of privacy rights and client confidientiality. Ms.
Kern simply does not appear or do any legal work in either the unlawful interruption of essential services case in the RJC, nor in the subsequent summary eviction
proceeding in RJC 2012-000374. Rather, Sue King is litigating without a law license.

And Gayle A. Kern, Esq. is aware of, and, I believe, ratifying it, at the very least. Additionaly, upon information and belief, one or both of these individuals have attempted
to prevent me from having access to my mail and or electricity by communicating with NV Energy and the USPS, despite the fact that King has made the admissions detailed
in the "other thoughts" section below. What seems very instructive to me is that no less an attorney than Richard Hill lacks anythign to cite to to provide legal support for
the manner of service of Orders for Summary Eviction other than to say they are served or performed "in the usual and customary manner of the Washoe County Sheriff's
Office", however, I could find nothing indicating such a thing to be tantamount to black letter law. It is the usual and customary practice of the WCSO to threaten, or to
follow through on a threat to arrest anyone who challenges them or who asserts their constitutional rights and charge them with Obstruction or Justice...or "rubstruction" as
Deputy Cannizzaro calls it.

Sincerely,

Zach Coughlin, Esq., 1422 E. 9th St. #2, RENO, NV 89512, tel: 775 338 8118, fax: 949 667 7402; ZachCoughlin@hotmail.com Nevada Bar No: 9473

From:Zach Coughlin (zachcoughlin@hotmail.com)
Sent: Sat 3/17/12 12:21 PM
To: gaylekern@kernltd.com; karenayarbe@kernltd.com; kaitlynmiller@kernltd.com
Hotmail Active View
1 attachment (803.2 KB)
MERS Mort...pdf
Download(803.2 KB)
Download as zip
Hi Gayle,
I would appreciate some sort of assurances on your part that my personal property and my client's files will be accored privacy, not copied, not accessed or duplicated, etc. I
want to retrieve my personal property immediately, please contact me in writing and let me know when I can do so. Any damage done to my property in the course of any
"moving" of it by you, your agents, or anyone connected with Western Nevada Management will result in my seeking redress on my own behalf and on behalf of my clients.
Already your negligence in this regard has resulted in damage to my client's interests and will likely result in several lawsuits.

http://www.google.com/#hl=en&sclient=psy-
ab&q=%22gayle+kern%22+babelation&oq=%22gayle+kern%22+babelation&aq=f&aqi=&aql=1&gs_sm=3&gs_upl=2760l6766l0l6928l23l21l0l0l0l0l710l3505l0.14.2.0.1.0.1l18l0&gs_l=hp.3...2760l6766l0l6928l23l21l0l0l0l0l710l3505l0j14j2j0j1j0j1l18l0.efis.1.&pbx=1&bav=on.2,or.r_gc.r_pw.r_qf.,cf.osb&fp=ce115d05ebe7b36c&biw=1270&bih=533

http://www.babelation.com/content/lipstick-pig-reno-nevada-lawyer-warmster-gayle-kern
http://www.babelation.com/content/want-your-reno-hoa-be-screwed
http://www.babelation.com/content/who-ever-heard-reno-divorce-being-dismissed?page=2
http://www.babelation.com/content/so-what-if-renos-lawyer-gayle-kern-hanging-out-banging-reno

http://webcache.googleusercontent.com/search?q=cache:d2jvarOAo2wJ:www.ripoffreport.com/home-owner-associations/gayle-a-kern-esq/gayle-a-kern-esq-gayle-ker-
f6735.htm+gayle+a+kern&cd=3&hl=en&ct=clnk&gl=us

http://www.scribd.com/SherylMoulton/d/60896742-MOULTON-v-GAYLE-A-KERN-Perjury-False-Statements-in-Federal-Court-2-11-11-First-
Amended-Complaint
Karen M. Ayarbe
Company: Gayle A. Kern, Ltd.
Search Here
Address: 5421 Kietzke Lane
Suite 200
Reno
, NV
89511
Phone Number: 775-324-5930
Fax number: 775-324-6173
Email: karenayarbe@kernltd.com
Website: No information provided
Admit Date: 09/29/88
Law School: U. Of Colorado
Specialization: None
Professional Liability Insurance: Yes

Gayle Agnes Kern
Company: Gayle A. Kern. Ltd.
Suite 200
Reno
, NV
89511
Fax number: 775-324-6173
Email: gaylekern@kernltd.com
Website: No information provided
Law School: U. of Oregon

Kaitlyn A. Miller
Company: Gayle A. Kern, Ltd.
Suite 200
Reno
, NV
89511
Fax number: ---
Email: kaitlynmiller@kernltd.com
Website:
No information provided
Law School: Golden Gate University

Sincerely,

Other thoughts:

Well, Sue, since you and Jared Scalise were there video taping the whole thing, all of us should not need to
rely on your word, now should we? Produce the video tape, Sue. Shouldn't be too hard if it was so clear they
announced they were law enforcement prior to unzipping the locks and drawing their guns and entering my
location, then pointing them at me and my dog. Just produce the video, Sue. Did their happen to be any
disinterested witnesses, Sue? You know, like people not on the Sheriff's payroll and people not employed by
you or Gayle A. Kern, Esq., LTD, Western Nevada Management or the Park Terrace HOA? And what ever
did happen to that Manager of yours that was fired or quit or something like that right about the time you
decided to serve the eviction notice, Robyn Badolato? Didn't you say she approved the agreement for
carpentry services and the occupation of the unit, etc. etc.? But then you said your business knew nothing
about it, right? And what was that about respondeat superior?

You know what would be really funny? What if someone had a video that proved that they didn't announce
they were police prior to entering? Wouldn't that be a hoot, Sue? But would that person just come right out
and show it, or would they let Sue, Jared, the locksmith and Deputy Durbin and Deputy Cannizzarro put
something on the record that could later be used to impeach them first? We'll see....Also, wouldn't it be a hoot
if the training practices and policies of the WCSO actually instructs Deputies not to announce that they are
law enforcement prior to entering? Kind of like how there are penalties for not getting the eviction and
lockout done in time (ie, somebody's interpretation of NRS 40.253 views it as within "24 hours of" the Sheriff's
"receipt" of the Order, rather than the tenant's "receipt". Regardless, Deputy Machem still seems to think
"personally served" means lots of things other than what the law has traditionally viewed as "personally
served". Why indicate he "personally served" the Order in his Affidavit of 11/7/11 when he merely, allegedly,
according to Liz Stuchell, posted it on the door at 121 River Rock when nobody was home? Why not just say
that in the affidavit, rather than leveraging the import of the phrase "personally served" to connote some sort
of fidelity to traditional notions of due process and fair play when, clearly, the WCSO, or at least some
individuals therein, could care less about such. Kind of like all that Robo-signing going on in the foreclosure
defense world. RPD Sargent Sifre doesn't mind taking advantage of all those civil law arguments in his
defense in that context though. But, he sure doesn't mind subjecting me to a custodial arrest for jaywalking,
which just happens to benefit Richard G. Hill, Esq. in that it prevents me from collecting evidence and
discovery incident to the wrongful eviction lawsuit he is facing:

Basically, Richard G. Hill, Esq. and Casey Baker, Esq. constantly seeks to leverage courts, police, the Washoe
County Sheriff's Office and others to further his nefarious approach to litigation, rather than roll up his sleeves
and find some law in favor of his positions and apply actual facts to them, rather than make up things or quote
to third parties and other hearsay (I never made contact with or touched Mr. Hill, I never climbed on anyone's
truck, Mr. Hill is not a licensed mental health professional, yet he sounds like a walking DSM-IV when he
writes of me, as does arm-chair psychologist cum property manager Sue King. Funny how all these diagnosis
are of a bent that would just so happen to also be in line with the views these parties would need endorsed to
help them continue making money). Minutes before my hearing in Judge Beesley's Bankrupcty courtroom at
2:30 pm on March 15th, 2012 (which involved the dischargeability of a $1.6 million debt The Cadle Company
(of Jan Schlictmann, "A Civil Action" movie/book fame) seeks to enforce:
http://en.wikipedia.org/wiki/Jan_Schlichtmann ), Washoe County Sheriff's Deputies Durbin and
Cannizzaro unlawfully stormed into my location at 1422 E. 9th St, #2, with guns drawn and pointed at me,
without previously identifying themselves as law enforcement in any way, and demanding I grab a few things
in a couple minutes and leave.

Then, they also threatened to have me arrested for "obstructing justice" if I recorded any of their activities or
threats, numerous times telling me they were going to arrest me. Additionally, when my property was outside
the location at 1422 E. 9th St. #2, these Deputies threatened to convert it back to the landlord by dragging it
back inside the structure and locking the door, in retaliation for my pointing out the abuse of power they were
engaging in under color of law vis a vis 42 USC Sec 1983 and other laws. The recent arrest of local athlete
Courtney Gardner for "obstructing justice" is all the more dubious in light of these Deputies behavior and
statements, especially considering how Gardner is quoted as saying just about exactly what you would imagine
law enforcement wish he would say for a juicy quote to feed the sports section to make their arrest seem all
the more palatable. This is standard practice in my experience with local law enforcement, in many instances,
not all, but many. http://www.mercurynews.com/breaking-news/ci_20163343/arrest-ex-reno-prep-football-
star-signed-at

This unlawful eviction was pursuant to an eviction hearing held that morning by Reno Justice Court Judge Jack
Shroeder, the same Judge who screamed at me "do you want to go to jail!" when I attempted to address in any
way whatsoever Richard Hill's abuse of process in getting a Order of Protection from Judge Schroeder in a
scant 40 minutes, and having me arrested on 1/12/12 (two days before Hill's grievance was sent to you), at the
extension hearing on January 31, 2012, where Hill admitted he didn't have a good reason for seeking an
extension and withdrew his application. I wanted to address Hill's abuse of process for the record, Judge
Schroeder decided to scream at me instead. It was reminscent of Judge Nash Holmes telling me, on the record,
in Reno Municipal Court case 11 TR 26800 that she would have me arrested and placed in jail if I said Richard
G. Hill's name one more time. I cross examined RPD Sargent Tarter about whether he had a retaliatory motive
in ticketing me outside Hill's office on 11/15/11 after Hill refused to give me my driver's license, and I reported
to Sargent Tarter that RPD Officer Chris Carter had admitted to taking bribes from Richard G. Hill, Esq.

Actually, there is some footage of the "terror" Richard G. Hill was exposed to that necessitated him seeking a
Protection Order (the "RPD made him" do it, honest): http://www.youtube.com/watch?v=gBu9zflGALE

I don't know why Sargent Sifre (whom makes more money than a District Court Judge) should be so upset with
lawyers like me, who work in the foresclosure defense field. After all, Sargent Sifre has benefitted from
foresclosure defense work: http://stopforeclosurefraud.com/2011/01/29/nevada-dist-court-quiet-title-viable-
sifre-v-wells-fargo-bank/

Sincerely,

Zach Coughlin, Esq.
From:Sue King (sue@westernnv.com)
Sent: Fri 3/16/12 2:56 PM
There were three witnesses that heard them say POLICE before they went in to the properly. (Me, Jared and the Locksmith)
What a loon.

Sue King
President/Broker/Supervising CM
Western Nevada Management, Inc
804 Mill Street, Reno, NV 89502
Ph: 775-284-4434
Fax: 775-284-4465
sue@westernnv.com
www.westernnv.com
Sent: Friday, March 16, 2012 2:26 PM
To: sheriffweb@washoecounty.us; Sue King; gaylekern@kernltd.com; lstuchell@washoecounty.us; mhaley@washoecounty.us; tvinger@washoecounty.us; rsilva@washoecounty.us;
kstancil@washoecounty.us; jboles@callatg.com; jmd@randazza.com; geofgiles@hotmail.com; stermitz@sbcglobal.net; tjhlaw@eschelon.com; mkandaras@da.washoecounty.us;
rjcweb@washoecourts.us
Subject: illegal eviction procedures by WCSO retaliation etc

Dear Sheriff Haley, Reno Justice Court, et al,

Please find attached my emergency motion for stay of the eviction, which WCSO Deputies Canazaro and Durbin performed yesterday at gunpoint after breaking into my location prior to
announcing who they were or identifying themselves as law enforcement.

Sincerely,
""
STATE BAR OF NEVADA
March 16,2012
Sent Via U.S. Mail, Certifed Mail and via E-Mail
Zachary B. Coughlin, Esq.
1422 E. Ninth Street, #2
eno, NV 89512
RE: Attorney Discipline
Dear Mr. Coughlin:
600 East ChM!cswn BlvJ
G Vega. NV 891ti1 6)
ph"ne '(l. ,g2.l2nt)
son.2 54.2 797
I ..O:gS.2878
94% Double R Blvd., St<. t
R<no. NV 89521S977
"hOl>< 7,329.'!
,., T'2''22
www.nvba1.or
The Ofice of Bar Counsel has received several grievances concerning your
conduct as a lawyer. The grievances include supporting evidence in the form of:
audio of your conduct in court proceedings and copies of pleadings and documents
prepared and filed by you in Justice and District Court. Together these grievances
raise serious questions regarding your competency and ability to practice law.
These concerns are serious and the Office of Bar Counsel is considering the
necessity of seeking a Petition to Determine Competency pursuant to Supreme
Court Rule 117.
I am enclosing with this letter copies of a grievance letter, from the Municipal
Court and a copy of an Order from District Court Please respond to allegations
pertaining to your conduct. I will make available for your review and inspection the
supporting documents and audio recordings.
I have !eft phone messages and sent you an e-mail asking you to call me. As
of the drafting of this ietter you have not called me. I would like to meet with you so
that we can discuss this important matter and see if there is a way that we can help
you Again, please cali me at your earliest opportunity.
Sincerely.

e

Patrick King
Assistant Bar Counsel
www.renomuniipalcourt.fom
RENO MUNICIPA.L COURT
liON. ,1YD. DILWORTII CASSANDRA .JACK ON
Dpartmet I Court Administrator
liON. WILLIAM L GARDNER liST IN ROPER
Department 2 . hal - Deparmem
of Alterative Sentencing
liON. DOROTIIY NASIIIIOLMES
MAR 1 -- 2l2
Department)
liON. KENNETII R. 1I0WARD
Department 4
RENO OFFICE
March 14,2012
Mr. David Clark, Esq.
Office of Bar Counsel
State Bar of Nevada
9456 Double R Blvd., Suite B
Reno, NY 89521 CONFIDENTIAL
Re: Zachary Barker Coughlin, Nevada Bar No. 9473
Dear Mr. Clark:
This letter constitutes a fonal complaint of attorney misconduct andior disability against
Zachary Barker Coughlin. The accompanying box of materials demonstrates some of the
problems with the practice of this attorey being experienced by myself and the other three
judges in Reno Municipal Court My two most recent Orders in what should be a simple trafIc
citation case are self-explanatory and are included, together with copies of massive documents
Mr. Coughlin has fax-filed to our court in this case. Audio recordings of two of my hearings in
this matter are also included. He failed to appear for the second one this past Monday.
I have another traffic case pending trial with him that was re-assigned to me based on our
Department 1 judge being out for surgery. We have multiple addresses for Mr. Coughlin and
can't seem to locate him between cases very easily. We are setting that case for trial and
attempting to serve him at the most recent address we have (1422 E. 9
th
St #2, Reno NY 89512),
although I heard today he may be living in his vehicle somewhere. We do have an address for
his mother, however, as she recently posted part of a fine for him.
Judge Ken Howard. Depatment had case on M.r. Coughlin late last year that is now
on appeai to the Second Judicial District Court Judge alII Gardner, Department 2, also has a
matter currently pending in his court withMr. Coughlin as the defendant. I have enclosed some
copies of documents from those matters, in chronological order, simply because they appear to
demonstrate that he is quickly decompensating in his mental status. Our staff also made you
some audio tapes of Coughlin hearings in Departments 2 and 4 so you can hear for yourself how
this attorey acts in court. You can see his behavior in my traffc citation case does not appear to
be an isolated incident.
P.O. Dox 190, Reno, NV 895u5-190 I Soutb Sierra Street. Reno.!V 89501
Telephone: i7S-334-2290 facsimile: 775-334-3824
2
:=
It is that also a matter pending on this

My Judicial
of Court stated that represent him in a
matter in RJC. I no other information on that.
You will the full cooperation of myselt: the other and the af Reno
Municipal Court in your pursuit of this matter. Mr. Coughlin has positioned himself as a
vexatious litigant in our court, antagonizing the statT and even our pro temp judges on the most
simple trafc and misdemeanor matters. I do think this is a case of some and I
apologize for taking two days to get this package to you; our IT person was ill and could not
make the copies of the audios ofMr. Coughlin's hearings until today, and I felt it was important
that the audios be included in the materials to be considered by the State Bar. On February 27,
201 Mr. Coughlin told me he was actively practicing law and had appointments with clients. I
do not know if that was true, but if so, he could be causing serious ham] to the practice of law in
Norther Nevada and could be jeopardizing someone's freedom or property interests.
Please contact me if you need any other information. My direct line is 775-334-3823 and
my cell phone is 775-250-0330 (not tor public dissemination). My email is
My Judicial Assistant is Marilyn Tognoni and she can reach me at any time. Her number is 775-
334-3822 and her email is
Thank you tor your attention to this matter.
Yours truly,
was contacted by the Washoe Public Defender in
Coughlin jailed
I
Municipal ourt
FILED
RENO MUHICIPAL COURT
lL. D X 1900
R no, evada 89505
2012 R 22 P 12: 26
W
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2
012650t33
$O,42'
03/14/2012
. , .... 89501
US POSTAGE
REUR SEVI E RQUED
He vLUR r
BY_
-
Zachary Barker Coughlin, Esg.
,
1422 E:th Street #2
-
Reno NV 89512
T ass NFE 1 3i2C 00 03/2/2
RETURN TO SENOER
COUCHLIN ESQ'ZACHARV
TEMPORARILV AWAV
RETURN TO SENOER
E 09505190000 *oe4-OS22-16-3
11"1,1,1",1,1,11""1,1""111,1"11,,,11,,,11,,,11,,11,11,1
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A
I THE M lClPAL COURT OF THE CITY OF R 10
CO Y OF \ A HOE, TATE OF, EVADA
FIL
ED
CITY OF R 0,
Plaintif,
RE
NO
MU
NIC
IPAL
CO
URT
Case o. II TJ25O(O. O
Dept. 3
MAR
1
3
2012
TIME
\
8 Y

::::
vs.
ZACHARYBARKER COUGHL ,
Defendant.
DOR
OTHY NASH
HOL
MES,
UDG
E
1
TE ORDER DENYING RELIEF SO IMPROPER DOCUM.I T
On March 9, 2012, at 12:38 p.m., defendant Zachary Barker Coughlin, an attorey and
self-represented litigant in the instant trafc citation case began fx-fling a 2lS-page
document to the Reno Municipal Court purporting to seek various and sundry types of relief
fm this court on a "Boulevard top" trafic citation matler. He labeled hi document "Motion
U R t Cell Phone' otion to et A ide ummar Contempt Order; and olice of Appeal
of uma Contempt Order." aid document was fled by the Clerk of the Court, on Monday
!ch 12.2012, afer causing much di ruption to the coun's operations.
The CU herein i U thi Order sua sponte to prevent the plaintif Reno City
nom y. fm devoting any additional time or resources to thi document and to relieve lhe
plaintif fm any burden of anempling to respond to said dOCWllenl. Likewi e, the court staf
relieved of any obljgation to frther deal with this aberrant docW11ent.
Te CU fnds that the defendant has failed to follow proper legal procedure in
pr ad fg il motions and purorted otice of Appeal. The court al O finds that Mr.
Cou h blatantly abud the court' fax-filing process ofered for the convenience of
pies a in this CU. A with his previous, mostly incoherent document, thi
doument fLed by Mr. Coughlin appear to be a recitation of family grievances, lyrics O rock
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songs, disjoimed legal ramblings, citations and argument in another cae with another judge in
a diferent departent of Reno Municipal Court, and, is, thus. even more irrelevant to the
iOt C than the 224-page document previously fled by Mr. Coughlin.
I I ORDERED that any and all relief sought by the defendant Zachary Barker
Cougblin in the above-described document is denied.
IT I F RTHER ORDERED that Zachary Barker Coughlin shall refain from, and is
hereby barred and prohibited from faxing any documents to Reno Municipal Court.
IT IS AL 0 ORDERED that if Zachary Barker Coughlin wishes to fle documents in
Reno Municipal Court on any matter assigned to Department 3, he must present signed
original only, i appropriate legal form and format, limited to no more than 15 page in length,
and bfore they are fled the clerk of the court shall present them to thi court for review in
chabrs. ad this LU will make a pre-filing determination if they can be fled by the clerk.
IT I 0 ORDERED
Daled this 13th day of Marcb, 2012.
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MC
^^
PO B1
H, 89>
MJJ0Z
CERTIFICATE OF SERVICE
Pursuant to NRCP 5(b), I cerify that I am an employee of the Reno Municipal
Cour, Reno, Nevada, that I am over the age of 18 years and not a pary 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:
Allison Ormaas
Deputy City Attorney
PO Box 1900
Reno NV 89505
Zachary Barker Coughlin, Esq.
1422 E. 9
t
Street #2
Reno NV 89512
X Placing said document in a sealed envelope and placed for col/ecting and
mailing by Unites States mail in Reno, Nevada, postage prepaid following ordinary
business practices.
Was oe County Jail
Court Serices
Facsimile (FFAX)
Electronic Mail (E-mail)
Inner-ofice mail following ordinary business practices
Personal Delivery.
DATED: March 13,2012.
artment Three
Municipal Cour
Fit ED
REtJ tUNIClpn COURT
P.O. X 1900
Reno, evad a 89505
ZOIZ R 22 Pl12: 26
01626501533
$O.42
0311412012
WtmF 89501
US POSTAGE
RETURN D RVI E REQUESTED
L Zachary Barker Coughlin,. Es.

1422 E. 9th Street #2
Reno NV 89512
M5 NFE S2C 00 OS/2/l2
RETURN oo SENOER
COUGHLIN ESO'ZACHARY
TEMPORARILY AWAY
RETURN TO SENDER
EC' GSSOS:l90000 1"0941-05'3:1-11-23
II 1.1.1 |1.1 .II |1. I I111.1 OII. " II " II ".11 "" .11.1
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I THE ICfPAL COURT OF THE CITY OF RENO
CITY OF R TO,
Plaintif,
v.
CO
ZACHAR Y BARKER COUGHLfN,
Defendant.
mmmm I
G RELfEF SO GHT TN IMPROPER DOC MENT
On March 7, 2012, at I :58 p.m. , defendant Zachary Barker Coughlin, an anomey and
self-repre ented litigant in the instant trafc citation case, began fax- fling U 224-page
doument to the Reno Municipal Cour purporing to eek variou and undry types of relief
fom this cour on a 'Boul !vard top" trafic citation matter. He labeled his document" otice
of Appeal of ummary Contempt Order; Motion to Retur Personal Property Confiscated by
Reno unicipaJ Court and Its Marshals; Motion for ew Trial and to Alter or Amend
um Contempt Order. ' aid docunlent was filed by the Clerk of the COUrl, afer much
e rption to the court' operations.
The cour herein i sues this Order sla sp
onte to prevent the plaintiff, Reno City
Anomey, fom devoting any additional time or re ources to thi document, and to rei ieve the
plaintif fom any burden of attempting to respond to said docunlenl. Likewise, the COUrl staff
is relieved of any obligation to frther deal with thi aberrant document.
The cour fmd that the defendant has failed to follow proper legal procedure in
pr and fling a Totice of Appeal, or motion with appropriate citations Othe record, the
facts and the applicable law and argument thereof, and has blatantly abused the court's fax-
fi ling process ofered for the convenience of parties appearing in this court. Furthermore, the
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document filed by Mr. Coughlin appears to contain a series of disjointed legal ramblings
plucked fom online resources that are neither relevant nor applicable to the matters in this case.
IT I ORDERED that any and all relief sought by the defendant Zachary Barker
Coughlin in the above-described document i denied; at such time d Mr. Coughlin fle a
correct and proper motion or notice. his legal documents will be considered by the court.
IT LS F RTHER ORDERED that Zachary Barker Coughlin shall refrain fom. and is
hereby barred and prohibited fom faxing any documents to Reno Municipal Coun.
IT I ALSO ORDERED that if Zachary Barker Coughlin wishes to fle documents in
Reno Municipal Court on any matter assigned to Department 3. he must present signed
original ooly. in appropriate legal form and format, limited to no more than 15 pages in length,
and before they are fled, the clerk of the coun hall present them to this coun for review in
chambrs, and t coun will make a pre-fling determination if they can be fled by the clerk.
IT r 0 ORDERED
Dt ts 13t day of March. 2012.
2
T
Reno Municipal Judge

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Case o. II TR 26800 2I
Dept. 10. 3
FILED
RENO MUNICIPAL COURT
DEPT. NO. 3
MAR 1 3 2012

DOROTHY ASH HOLMES, JUDGE
THE lCIPAL COURT OF THE CITY OF RE 0
CO TY OF WASHOE STATE OF NEVADA
CITY OF RE 0,
Plaintiff,
vs.
ZACHARY BARKER COUGHLIN,
Defendant.
__________________
ORDER STRIKING FUGITIVE
DOC MENT FILED ON
MARCH 7, 2012
On March ,2012 at2:16 p.m., the Clerk of the Reno Municipal Coun filed a document
faxed to the court by self-repre en ted litigant Zach Coughlin in the above-captioned case .
Zach Coughlin i an attorney lieen ed to practice law in the State of evada under Bar o.
9473. In his faxed document, he had apparently typed the words "REQUE T FOR AUmO
RECORD G OF FEBRUARY 27
TH
, 2012 TRIAL A fD FOR APPT A D TO WANE
FIL G FEE AND TRA SCRIPT FEE FOR APPEAL CO SEL" over a docwnent he had
previously prepared entitled Motion to Proceed Informa Pauperis. The date that appears on
the document, faxed to the coun for filing at I :53 p.m. on March 7, 2012, is ovember 22,
2011 . The document contains the hand-written signature of Zach Coughlin and has a 2-page
affidavit attached. Mr. Coughlin had apparently typed into that document the case number
and depanment of his in tant traffic citation case in thi departmenl , although the conlent of
the motion and affidavit appears to be one he used previously in a case in another department
""'"
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in Reno Municipal Court last year. A copy of said faxed and filed document is attached
hereto as Exhibit I to this Order.
This court flllds that said document is an errant. altered. and inappropriate document
that houJd not have been filed by the clerk of this court. This cowi further finds that Zach
Coughlin submi tted said document to this court by fax for filing. in knowing di regard of the
rules of procedure known to all attorneys who pract ice law in this court. and that. in doing o.
he was taking advantage of the fact that it is standard court procedure for the clerk of the
court to automatically file all documents that are faxed to the court for filing. Therefore. the
above-described document is a fugitive document.
IT IS ORDERED that the fugitive document filed as "Request for Audio Recording.
etc' hall be tricken from the record in this case and shall be disregarded by the parties and
staff in this coun.
Dated thi 13th day of March. 2012.
fIN/
Reno M

2
EXHIBIT 1
To : fro : zachcoughl in 3-07-12 1, 53p p. 1 of 3

" FILED
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Name: 2Ac4- L4'i.;&!?r"'r. .
NV BAR NO: 9473
1422 e. 9TH sT. #2
RENO, nv 89512
TEL: 949 667 7402
FAX: 949 667 7402
" 20/2 MAR - 7 P/i 2: /6
ATTORNEY FOR PRO SE DEFENDANT DENIED SIXTH AMENDMENT RIGHT
IN THE Rl3n
O
MUNICIPAL Comn:-OFTHE:STATE OJ';N,EVADA
'. 0 0
IN AND F9R TilE cOl.rNTY ot W ASHQE
- 0
CITY OF RENO

L
ZACH COUGrtLI
/ e O ! ?'_ .... r .
Defendant.
CASE. NO:: 11 TR 26800
DEPT. NO.: 3
REQUEST FOR AUD 0 RECORDING OF FEBRUARY 27TH, 2 01 2 TRIAL
rAYrEJUS /lliri FOR AP PT
TO WAI E F LI T FEE FOR E
PursuannO NRS 12.015. and on the following Affidavit ofl'oveHY. move for
per:missio" from this Co:url to prqqCed without. filing or [am:n;questing tl1e CoUrt
to .ilS\?<' . any procClS . with -the
ClU:'Cpti"9 ofjmy fea. as JllO\lj ded.JJl 12-.01;;
Th.is
This docUment dOe.!!M contAin the Socia! Number 'of
DATED Ibis 22. day of NotX'v'(\, IDeV': ,20Jt-.
To: zac hcough11n 3- 07- 11 1: 53pm p. 1 of 3
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r. ______ -,-___ do hereby SWeaT under .penalty ot perjury
Ihb iCcOi"dins law. in oi'my' Motion 10 Proceed
Worma Pmperif:.
1. I am (circle.oM that you are.) in the above en1itledcase.
I am UMble,because- ,financial poverty. to pay the costs and fees of this
10' . case, and I am Wl&ble to eive seeurify:fodhecost" in this matier.
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I Cannot pay. the .fee beciiuse .r lBclc sufficienl income;: OT other
4: I wish the CoiJrt 10 lhi:sAtlidayit of Poverty in Stq>pOrt o(:my Modon to
Proceed Inforioa .
S. myself. thef( / (number) adults and 0 (nuntbet)
\ \JOt:.- 3. ... II
child(l'ClIJ in hoUSehold. n.Jchllcl(rcn) age(s) is1/lTC , .J .. -and ,
My lolll! mouthly income taUJ is:
Employmenl __ _
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(tlOini Wfi1) ,.
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All other- household frQm .
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"""""Y" ;os.
.......
POBox 1900
Reno, NV 8;505
(775) 334-3822
Pursuant to NRCP 5(b), I certify that I am an employee of the Reno Munici pal
Court, Reno, Nevada, that I am over the age of 18 years and not a party to the above
acti on, and that on this date, served a true and correct copy of the attached document
to the foll owing as set forth below:
Allison Ormaas
Oeputy City Attorney
PO Box 1900
Reno NV 89505
Zachary Barker Coughlin, Esq.
1422 E. 9
th
Street #2
Reno NV 89512
X Placing said document in a sealed envelope and placed for coll ecting and
mailing by Unites States mail in Reno, Nevada, postage prepaid foll owing ordinary
business practices.
Washoe County Jail
Court Services
Facsimil e (FFAX)
Electronic Mail (E-mail)
Inner-office mail foll owing ordinary business practices
Personal Delivery.
DATED: March 13, 201 2.
Municipal Cour
Fit ED
REtJ tUNIClpn COURT
P.O. B x 1900
Reno, evad a 89505
ZOIZ R 22 Pl12: 26
01626501533
$O.42
0311412012
....F 89501
US POSTAGE
RETURN 5 RVI E REQUESTED
L Zachary Barker Coughlin,. Es.

1422 E. 9th Street #2
Reno NV 89512
T e9 NFE S2C 00 OS/2/l2
RETURN oo SENOER
COUGHLIN ESO'ZACHARY e
TEMPORARILY AWAY
RETURN TO SENDER
Be: GSSOS:l90000 1"0941-05'3:1-11-23
II 1.1.1 " 1.1 .II " 1. I " 111.1 " II. " II " II ".11 "" .11.1
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(.lse No. II TR 26S00 21
Dept. No. J
IN THE MUNICIPAL COURT OF THE CITY OF RENO
COUNTY OF \V ASHOE STATE OF NEVADA
CITY OF RENO.
Plaintiff.
ORDER
vs.
ZACHAR Y nARKER COUGHLll'I.
Defendant.
_____________________ 1
March 12. 2012 was lhe time set for the resumption of the traffic citation trial of
Defendant ZACIIAR Y [3ARKER COUGHLIN who. as member No. 947J of the Nevada [Jar.
is an attorney representing himself. the defendant. The trial was cont inued on Fcbmary 27.
2012. when. ana approximately an hour and a half. the defendant was held in criminal
contempt hy the court for hi s antics and misconduct during that trial. His behavior is noted in
lkt3il in the court's Order entered on Feb(\lary 27. 2010.
r<l day. :VIr. COl1!lhlin fa iled to appear to complet e this trial. He 11)3 not contacted Ihis
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he ,awe! his liv..:-day ofCvurt by this (Ollrt on
27, 2012, :-"Ir. Coughlin f:lx-tiled to this court I a 224-pagc document entitkd "Noti,
of ,\ppeal of Summary Contempt Order; :-"Iotion to Return Personal Property CUlltiscJted by
Reno \lunicipaJ Court:md Its :-"Imhals; Motion for New Trial and to Alter or
Summary Contempt Order." rhe: document purported to appe:llthis court's Order hole! ing
him in direct criminal contempt. It conwined a portion of one sentence on page seeking l
continuJnce oftod:lY's hearing, but no further discussion orthat topic. It also mentioned
being a "tolling" motion in:m apparent afterthought. It did not address most of the oth.:r
topics li sted in the caption. InstcJd, the: document contained rambling references to his
and this court's; his father', football career in college; dozens of of string
citati ons t:lken off Ihe internet; documents rrom a prisoner online site; un article about a
" police stJte;" an article about Discovery; a website: printout showing a police or'fkcr ' s salJry:
and copy of court docwnents tram a District of Columbia case.
It was a di sjointed regurgitation of case law citations from a legal research onl ine sit e
with liille reference to, or argument about, the Cacts o f his instant SlIl p" Irarti c
case. The uocum"nt was an incoherent .nd Jemonstration ofwhJt might once have
been legal and academic proweS3 that appears to now he greatly dJITIJIlCd. '.!r. COlJ"hli n (ax-
riled another oocll nlcnt in whi ch he apparently took a Moti on to Prncecd In(orma I' Jllpcris
[:i el ill Jl hHha case ,Ind typed over lor ,\ udio of fdmury ":'", el) I"
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27, 12 disrupted Department J ,'f this court and distress to this COlirt and
its stalT and JS JS the prosecutor and the witness, and resulted in \fr. Coughlin
hdd in contempt of court, his and tiling uf these documents greatly Jisnlpted the
uperatiun uf the entire Reno Municipal Court system, including the ckrk 's and the
other Jcpanm"nts, "nd necessitated that nction be taKen by the Court Administrator Jnd
Administrative Judge.
,\pparently beginning on 9, 2012 at 12:38 p.m., Mr. Coughlin again lI nderto"k
another massive t:'L'(-filing to Reno Municipal Court, This time it was a document that was
tile-stamped by the clerk on 12, 2012 at 8: 12 a.m. This second 2lS-page document
purported to be yet another motion in this case entitled "Motion to Return Cell Phones;
Motion to Set Aside Summary Contempt Order; and Notice of Appeal of Summary Contempt
Order." With scant discussion of, or relevance to, the above-captioned malter, said document
mostly argues against Judge Howard in a Department 4 case and again contains more than
200 pages of string kgal citations; lyrics to rocks songs; Mr. Coughl in's personal family
history; Ji "cussion o f an "ViCl ioll and contempt case; disjoinkd legal citat ions,
and other non"ensical matters that have no apparent relevance to his traffic citati on el se.
!l oth documents massive and tnok up a great deal of time because the court haJ to
review them to look fur some connecti on to the case. This court has the inherent authority to
rn J. intain re spect, and <.h:corum in the court . . 1nJ t l) refuse tll tdl ow tht.: ( uurt [ll re.! tl -> t.: J
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ll r his to the co urt. lilJSnluch .lS the hJS at kJst fOll r J ii'fcn:nt
.IJJres5cs for him. it is unabk to Jscertain his cxact whereabouts. He shows signs or mental
instJbili ty. if not serious il lnes!.
[h scd upon the total circumstances of this C35e. the in-cOl rt perfonnance of th<!
Jd'cndant, .15 observed by this court, the written documents f:l.xed to the court tor tilin!,l by
this JefenJant. the st:lICmen ls and behavior of this defendant anJ his overall conduc t hcrein.
this court rinds, by c1c:I[ and convi ncing evidence, that Zachary f3 arker Coughlin, an atlOrnt:y
liccnsed to practice law in Ihe State has commillcd numerous acts ot'atlOmey
misconduct, including, but not limited to, violating the following Rules of Professional
Conduct:
R . .J(e}--cngJging in dishonesty. fraud, Jeceit or mi srepresent ation;
8.-1 (d}-engaging in conJuct that is prej udic ial to the admini stration of justice;
J.J (a}-lack of candor to the court by knowingly making false statcment s to j tribunal;
J . I-1CI" fcnding in a proceeding by asserting or cont rovert ing an issue without a basis in
fac t ;lnJ wi th Ih3t are known to be fri volous;
J .l-fail ll re to make reasonabl e efforts to li tigati on, :lnd, in I:,c t, taking
me3surcs to delay litigation;
J..J (e )-hcing lI nl'iir to opposing cuunsel by continually 311 udi ng to ll1att crs the !awya
n"t reasonJb ly he lieve Me relevant or .' lIppor1eJ by :l dmi ssible evidence;
[0 a(; t '-'lith diligence :1f1d ,IIlJ
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Whether or not there are medical reasons to \Ir. Coughlin's actions is not for
this court to decide. He has become nothing les! than a vexatious litigant to Reno \Iunicipal
Court due to his disruptive, bizarre and irnlional methods and practices that go
beyond the pale of anything th:lt is civil, ethical, professional or competent. Gaud cause
appearing therefore, the court orders as follows:
IT IS ORDERED thai this matter is continued, and all proceedings relating thereto are
tolled, until further order of this court, "'hile the matter of attorney Zachary Barker Cou!!hlin
is referred to the Stale Bar of Nevada;
IT IS ORDERED that no further action shall be taken by the Reno City A!tomey's
Office, or the clerks or statT of Reno Municipal Court, in the above-entitled case, pending
further order of this court;
IT IS ORDERED that Zachary Barker Coughlin is barred and fo rbidden fro m
emailing, delivering, having Jdivered, serving, presenting for tiling, personally or other"i se,
any motion or Jocum!!nt to Reno Municipal Court, in the above-entitled case, penJing fu rt her
(J rJer 0 f this court.
DateJ Ihis 121h Jay of March. 2012.
;r/)tf=t?7'4
rhe 110n, DO,9'thy Nas h
Reno ,\( unicl pal Ili dge
STATE BAR OF NEVADA
February 14, 2012
Zach Esq.
1422 E. 9
t
Street
Reno, NV 89512
RE: Grievance File 12-0204 / Richard G. Hill
Dear Mr. Coughlin:
600 East Charleston Blvd.
Las Vegas, NV 89104-1563
phone 702.382.2200
toll free 800.254.2797
fax 702.385.2878
9456 Double R Blvd., Ste. B
Reno, NV 89521-5977
phone 775.329.4100
fax 775.329.0522
www.nvbar.org
The Office of Bar Counsel has received the enclosed correspondence from Richard G.
Hill, Esq., which alleges professional misconduct on your part. As such, a grievance file has
been opened.
Please respond in writing to this grievance within ten (l0) days from the date of this letter
and kindly direct your response to the State Bar's Reno office. Your response should address
each allegation contained within Mr. Hill's grievance and, whenever possible, all applic.able
documentation in support of your response should be included.
If you intend to supplement your response, please indicate an expected date of receipt for
the same in your response. If you have any questions, please do not hesitate to contact me.
Sincerely,
Patrick O. King
POKIlp
Enclosure
<' .:
RICIIARD G. HILL
rll ill@richardhillaw.com
CASEY D. BAKER
cdhaker(J.'I.}richardhillaw.cum
SALLY S. Assistant
Sgalll.lgher@riChardh.
SHERRI L. HILL. Legal Assistant
sll ill@richardhillaw.com
KAREN A. NIELSEN, Legal Assistant
kl1ielsen@richardhillaw.com
652 Forest Street
Rello. Nevada 89509
Post OJ/ice Box 2551
Reno. Nevada 89505
VIA EMAIL ONLY patrickk(,fDnvbar.org
Patrick King, Esq.
State Bar of Nevada
9456 Double R. Blvd.
Reno, Nevada 89521
' Re: Zachary B. Coughlin, Esq.
Nevada Bar No. 9473
lVIr. King:
January 14, 2012
(775) 348-0888
FAX (775) 348-0858
www.richardhillaw.com
You and I have previously discussed Mr. Coughlin. Mr. Coughlin, due to
his mental instability, lack of integrity, and complete incompetence, constitutes a danger
to the public if he is allowed to continue to practice law. This letter is written to
discharge nly and my associate's reporting obligations under RPC 8.3. Please consider
the following:
1. Rissone v. Gessin, CVIO-01341. Although not among Mr. Coughlin's
Inost significant ethical violations, it presents a good microcosm of his derelictions. Mr.
Gessin was a client of our office. He defrauded the plaintiff, as is his modus operandi in
dealing with women. ApproxiInately one year after judgment was entered and the case
concluded, Mr. Coughlin interjected himself in the case on behalf of Gessin, trying to
collect on a sanction award against opposing counsel. It turns out that because he had
filed bankruptcy, Gessin no longer owns this claiIn. If you look at the file, you will see
that Coughlin appeared and then filed a bizarre "partial withdrawal" doclllnent on
December 8, 2011.
Letter to Patrick King, Esq.
January 14, 2012
Page 2
Subsequent to that time, Coughlin has been ghostwriting documents that
purport to be from Gessin, individually, and e-filing them for Gessin. He is using the
"/s/" for Gessin's signature. These are clearly not docunlents that are signed or
prepared by Mr. Gessin, and the fact that somebody (Coughlin) e-files them confirms he
is ghostwriting without the required disclosure. In addition, it appears that Coughlin
has facilitated the filing of what nlay be a fraudulent bankruptcy on behalf of Gessin.
Coughlin's lack ~ e t e n e is demonstrated in the Gessin case by the fact that he
does not understaJlllPt'he effect on the ownership of Gessin's potential claims from
Gessin having filed a bankruptcy, (Le., the claims now belong to the bankruptcy trustee,
not Gessin.)
As ",,;th all of the matters referenced below, I strongly suggest that you
contact the Second Judicial District Court and get e-filing access to the cases mentioned
so you can look at the documents yourself. Glade Hall, Esq., is opposing counsel in that
case and may be of help to you.
2. I am informed and believe that Mr. Coughlin was recently convicted of a
theft crime in Reno Municipal Court. I am fUlther informed that the matter arises out of
shoplifting at Walmart. That case is presently on appeal to the district court in case
number CRu-2064. Mr. Coughlin is representing himself.
3. Mr. Coughlin is presently facing criminal charges regarding the theft of
an iPod. That is pending in Reno Justice Court as case number RCR2011-063341. I
have reviewed the file. Mr. Coughlin got into some sort of argulnent with his public
defender. As a result, he was referred out for a competency evaluation.
4. We represent Dr. Matthew MerIiss, a physician from Chico, California.
Dr. Merliss owns the property at 121 River Rock Street, Reno, Nevada. Beginning in
March 2010, the property was leased to Mr. Coughlin and his then-girlfriend. The lease
expired in February 2011. The girlfriend left the community in approximately May 2011.
Dr. Merliss contacted us in approxhnately August 2011 to assist in evicting Mr.
Coughlin. Coughlin had not paid rent or utilities since May. He contended that there
were habitability issues with the property that justified his withholding rent. All of his
clahns were decided adversely to his position at the eviction hearing. Justice of the
Peace Peter Sferazza ordered Coughlin evicted from the premises effective November 1,
2011. On that date, the Washoe County Sheriffs Department performed their normal
eviction procedure: locks were changed and the eviction notice was posted on the front
door. We videotaped the home and its contents at that time. Upon inspection over the
next few days, it becarne apparent that "somebody" was breaking into the hOlne on a
regular basis.
On Sunday, Novenlber 13, 2011, Dr. 11erliss came to town, and I Inet hiln
at the hOIne on River Rock Street. As we walked through the home, it was obvious that
January 14, 2012
Page 3
SOlneone had been in there since I had last been in several days before. Dr. Merliss
discovered that the baselnent door was barricaded (not locked) fronl the inside. The
Reno Police Department was sunlnloned. They tried to coax whoever was in the
basement out, without success. After Dr. Merliss had to kick the door down, it "vas
discovered that Mr. Coughlin had broken in and was living in the basement. He was
arrested and is presently facing criminal trespass charges in Reno Municipal Court. See
case no. 11 CR 26405 21. He is also facing a contempt motion in front of Judge Sferazza
in the eviction case. {..-e Sferazza has stayed that matter pending the resolution of the
criminal trial. That __ was scheduled for January 10, 2012, but was continued at the
request of Mr. Coughlin's new attorney.
5. The eviction order is now on appeal to the Second Judicial District
Court. See case CVl1-o3628, pending in Department 7. As part of the eviction process,
a lien was asserted against the personal property that Coughlin left behind at the home.
On November 16,2011, Coughlin filed a motion to contest the landlord's lien in the Reno
Justice Court. The court tried to promptly set a hearing, but Coughlin refused to
cooperate in setting the matter, and the court took it off calendar. Coughlin then re-
initiated that process and a hearing was held in December, at which time the court heard
evidence of Coughlin's lack of cooperation in setting the November hearing. You may
also want to contact Reno Justice Court staff, and in particular, chief clerk Karen Stancil,
about Mr. Coughlin's abusive treatment of her and her staff. After the hearing, the court
issued an Order granting Coughlin a two-day time window to remove his personal
property. The first day was Thursday, December 22, 2011. After Coughlin was allowed
into the home that first day, he sent out an e-mail to the effect that because he had
appealed Judge Sferazza's order, he was entitled to a stay of proceedings and was going
to resume living in the home. As a result, he did very little to remove any of his personal
property that day. On Friday, December 23, 2011, after he learned, again, that his stay
had been denied, Coughlin assembled a small crew and they were able to remove a
substantial amount of his personal property. (You need to understand that Mr.
Coughlin is a hoarder. We have the photos and videos if you would like to see them.)
However, Mr. Coughlin did not get all of his property out. For example, I counted 13 car
seats that he had somehow managed to get down into the basement.
Having failed to remove all of his belongings, Mr. Coughlin then moved
before Judge Flanagan for a temporary restraining order to prevent the disposal of his
abandoned property in accordance with Judge Sferazza's order. Attached is Mr.
Coughlin's motion, my office's opposition, and Mr. Coughlin's reply. These documents
demonstrate Mr. Coughlin's complete and utter incompetence as an attorney.
On January 11, 2012, Judge Flanagan denied Mr. Coughlin's request for a
tenlporary restraining order. On January 12, 2011, the contractor hired to clean the
house cOlnmenced work. Mr. Coughlin flagged the contractor down in traffic when he
(the contractor) was on his way to the dU111P with the abandoned property from the
h0l11e. Coughlin called the police, who arrived at the transfer station. Coughlin was
falsely asserting that the contractor had tried to run hin1 over. He also told the police
January 14, 2012
Page 4
that the contractor had stolen his possessions. After I presented the court orders to the
police, the contractor was allowed to proceed. At their instruction, I have now had a TPO
issued against Coughlin by Reno Justice Court.
However, before the contractor could get back to the River Rock house,
Coughlin was there. He had his video camera and was walking up and down the street
screaming and yellingae police, at the contractor, and at me, when I arrived. Mr.
Coughlin ended up bemg arrested and taken to jail. The police informed me that
because of the number and types of contacts they have had with him, he is no longer
eligible for citations in the event of infractions.
Enclosed you will find a copy of a supplemental document filed by Mr.
Coughlin on January 13, 2012, and sent to my staff and I by email from Coughlin that
morning. Please note that the attorney designation on the first page indicates that it is
being filed by Coughlin as appellant. You will note that the caption is from a different
case. It is unclear in which case Mr. Coughlin intended to file this document, although,
because of the case number and the caption, it appears to have ultimately been routed to
the Carpentier case (CVOB-01709) and not the eviction appeal case (CV11-0362B). I am
told that counsel in the captioned case may also be in the process of filing a bar
complaint against Coughlin.
6. When the house was secured after Coughlin's arrest, we found a crack
pipe and a bag of what appeared to be marijuana. The contractor also reported finding a
box of pills and a vial of some sort. We understand Coughlin has unsuccessfully tried
the Lawyers Concerned for Lawyers program, and that he has a history of substance
problems.
7. Mr. Coughlin has filed two lawsuits against his former employer,
Washoe Legal Services. He has sued all of the board of directors and the management of
the company. Both cases have now been dismissed. Both cases demonstrate his lack of
competence. I suggest you contact Joseph Garin, Esq., in Las Vegas, as he was counsel
for the defendants in that case. You may want to contact Paul E1cano, Esq., the director
of Washoe Legal Services.
8. Mr. Coughlin has a habit of initiating cases and asking to proceed in
forma pauperis. He has done so in cases against me, my office, my client, and Washoe
Legal Services. You will find them if you run a search for Coughlin Z on the Second
Judicial District Court website. The courts that have reviewed the documents have
generally denied his requests. What is of note is that his representations in the
applications to proceed in forma pauperis are inconsistent \vith and contrary to the
representations that he has Inade to Judge Flanagan in the context of seeking a
teinporary restraining order. On the one hand, he tells the court he is broke and has no
property, and on the other hand, he is telling the court that he has a great deal of
valuable property at the home that needs to be protected. This demonstrates a gross
lack of candor with the tribunals "'lith vvhich he deals.
, . . . ( .
January 14, 2012
Page 5
9. Coughlin has also tried to file a case against me, Iny associate, Iny client,
and others, including the Reno Justice Court. It is also to be found on the website.
Judge Steinheimer has ruled that he did not comply with NRCP 8.
10. Coughlin's behavior was unusual to start, and has become more and
lTIOre bizarre during the time we have been dealing with him. He serves papers he does
not file, and files p p e ~ e does not serve. He consistently signs certificates of service
that he has mailed to tIS, but we have never received anything from him by mai1. He has
posted videos of the eviction service attempts and parts of the trial on YouTube,
including some recordings he secretly made in court with his cellphone.
11. Another example of his incompetence is that he does not understand
what orders are, and are not, appealable. He does not understand that filing a notice of
appeal divests the lower court of jurisdiction.
I am confident that once you look into this matter, you will agree that Mr.
Coughlin should not be practicing law. He is a danger to the community.
Sincerely,
lSI
Richard G. Hill
RGH:kn
Enclosures:
-Coughlin Amended Emergency Motion for Restraining Order
-Merliss Opposition to Motion for TRO
-Coughlin Reply to Opposition to Motion for TRO
-Suppleinental Reply to Opposition dated 1/13/12
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fo chrniclly ausin 911 over te pa8lMdays. RPD Disatc hMwta COUGHLIN WMhe
|hough|0wa tri to kIll him for cmplainn ab Oan alo tht RPD Of s 8G0hi li
plates. Sg Sitr. rpne alg wOfces due to te histor wCOUGHLIN.
Up arrval, COUGHLIN met Of c o In fot Mhi houe. H6vW tap 0klM&wwN8WM
cmea. He said he called 911 to claim his do was missin NNto fema rommaes wrpsble.
Tis cll to 911 W not an emergency. Whle LOwere @eaUng wi te Nfmale romma ine 0
aparent abut wat hape tonight. COUGHLIN mstnin ouside in te parkin knea hbve
Ioolng through a pronal ba.
O0NHg|8fand lwere stin oide DlCOUGHUN wen he ma Cll Whi cel phn. H ase 0
prn on the other ed of te O phn lo speak mHwHolkSegeant Acuple ofminue later,
Os 0D O wee avis alte rpn par fo our cll wa cuHWO phon w911 ad had
calle claiming an Ocr was shining a fashUght In his fac.
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Segeant while no emergen m|8l. Altht pIM, COUGHLIN was areed for MWMof 911.
A rerds chek reveled UUHL|N h8misus 911 sveral time ove WpNMM days. On 1/1312 a
appox 0118 hr, UHL|N cll 0OVWcell phn nummMhe cl Kmtoht In ft of
and O|mN0at time that RPD mMMhim and stole his licse pae. H0NMwwloe
cmplaints 8te Dispatch Suprsor a RPO Ofcs. He rese to |wv0his name atat time.
Also on 1/1312, COUGHUN clle 911 again fom th 7-11 stoe at 9Par BI a abou 0M hr. H clle 911
n h|888Mthe l|MKMbus he blieve he w8mistreat wile he was in jail. He mallo ups he
was not given a ride home by jail staf. He was ware seerl times to stop callin 911 and ws w8
the misu of 911.
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25
F I L E D
Electronically
01-11-2012:10:01:17 AM
Clerk of the Court
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ZACHARY BARKER COUGHLIN,
Case No.: CV11-03628
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Appellant,
Dept. No.: 7
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vs.
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MATT MERLISS,
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Respondent.
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ORDER
16 This is an appeal from Reno Justice Court ("RJC") and involves a landlord-tenan
17 dispute. On October 27, 2011, Justice of the Peace Peter J. Sferrazza granted a no-caus
18 summary eviction against Appellant ZACHARY BARKER COUGHLIN ("Coughlin") fo
19 failure to pay rent on property located at 121 River Rock Street, Reno, Nevada 89501 (th
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"Property"), which was (and still is) owned by Respondent MATT MERLISS ("Merliss").
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Currently before this Court is Coughlin's Emergency Motion for Temporar Restrining Orde
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or Injunction Preventing MerUss from "Disposing" of Tenants Property; or, in the Alterative;
23 Motion for Stay ("Emergency Motion") filed on December 30,2011.
24 According to Judge Sferrazza's findings of fact, Coughlin began a twelve-month tenanc
at the Property on March 1, 2010, which terminated on February 28, 2011 and converted into
26 month-to-month tenancy. On August 22, 2011, and with proper notice, Merliss terminate
27 Coughlin's tenancy under NRS 40.251, Nevada's unlawful detainer statute. Because Coughli
28 failed to vacate the Property within the statutorily-mandated period (thirty days), Merliss serve
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1 upon Coughlin a notice of unlawful detainer and summary eviction on September 27, 201l.
2 After two evidentiary hearings, Judge Sferrazza rejected Coughlin's defenses to the eviction
3 which included habitability and discrimination allegations. Tus, by a written Order date
4 October 27, 2011 Judge Sferrazza granted summary eviction against Coughlin and gave hi
until October 31,2011 to vacate the premises.
6 Coughlin failed to vacate the Poperty and remove his belongings in a timely manner.
7 a result, Coughlin was removed for trespass on November 13, and Merliss placed a lien ove
8 Coughlin's personal belongings. Coughlin contested the lien and Judge Sferrazza held a hearing
9 Thereafter,on December 21, 2011, Judge Sferrazza entered another Order requiring Coughlin t
pay to Merliss the fair and reasonable compensation for storage of Coughlin's personal propert
11 between November 1, 2011 and November 16, 2011. The Order also required Coughlin t
12 remove his property by 5 pm on December 23,2011, and that anything lef on the Property afe
13 that time and date "may be disposed of by [Merliss] in his sole discretion."
14 Again, Coughlin failed to remove his belongings timely, but Merliss granted him
extension until 5 pm on December 30, 2011, in exchange for, inter alia, a waiver of Coughlin'
16 security deposit. On December 30, 2011, Coughlin filed the above-mentioned Emergenc
MotionI to prevent Merliss's disposal of his personal property. Merliss filed an Opposition t
18 Amended Emergency Motion for Temporr Restrining Order on January 3, 2012, an
19 Coughlin filed a Reply on January 5,2012.
Afer reviewing the parties' pleadings, the exhibits attached thereto, the
21 statutes, particularly NRCP 65(c) and NRS 33.010, and after considering all of the parties'
22 arguments,this Court finds Coughlin has failed to demonstrate with specifc facts that irreparabl
23 injury, loss, or damage would result absent a TRO or inunction, or that a legal remedy i
24 inadequate. 2
I Several minutes afer fling the Emergenc Motion, Coughlin fled an Amended Emergenc Motion in order t
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correct the proof of service date.
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2 This Court recognizes Coughlin has failed to comply with certain procedural requirements of NCP 65(c), namel
the requirements that specifc facts be shown "by affdavit or by the verifed complaint .... " Pursuant to thi
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Court's long-standing policy of adjudicating cases on the merits, rater than dismissing them for procedural reasons
this Court will overlook Coughlin's failure on this occasion in light of the circumstances surrounding this case.
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nbd.f
LANAGAN
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1 CONCLUSION
2 Accordingly, Coughlin's Emergency Motion for Temporr Restrining Order 0
3 Injunction Preventing Merliss from "Disposing" of Tenants Propert; or, in the Alterative;
4 Motion for Stay is DENIED.
5 IT IS SO ORDERED.
6 DATED this day of January, 2012.
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PATRICK
District Judge
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Ir
Pursuant to NRCP 5(b), I hereby certify that I am an employee of the Second Judicial
District Court of the State of Nevada, County of Washoe; that on this day of January,
2012, I electronically fled the following with the Clerk of the Court by using the ECF system
which will send a notice of electronic fling to the following:
I deposited in the Washoe County mailing system for postage and mailing with the
United States Postal Service in Reno, Nevada, a true copy of the attached document addressed
Zachary Coughlin, Esq. on his own behalf; and
Richard Hill, Esq. for Matt Merliss.
to:
4
Happy Thanksgiving
Sent from my iPhone
On Dec 25, 2011, at 4:58 PM, Zach Coughlin <zachcoughlin@hotmail.com> wrote:
Give my love to your family, you guys are the best.
http://www.youtube.com/watch?v=CAH7QqkCC3Q
With Love,
Zach
From: Melissa Ulloa (melissa.l.ulloa@gmail.com) You moved this message to
its current location.
Sent: Fri 11/25/11 2:12 PM
Just wanted to wish you a Happy Turkey Day :)
Sent from my iPhone

11 27 11 To 4 16 12 0204 Emails From Melissa Lynn Ulloa Re Jackson Pawluck Crawling in Through Her Window Ulloa's Threats To Trash Heirlooms, Lovely With Associated Tribulations

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Re: Jackson

FAX TRNSMISSION SHEET

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