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  • 6 26 13 0204 3913 3914 Opposition To Motion in Limine 488 Pages Stamped PDF

    Загружено:

    NevadaGadfly
    177 просмотров488 страниц
    ¬Zach Coughlin, Esq. NV Bar 9473 (temporarily suspended but authorized to practice on his own behalf in Reno Justice Court), license not suspended before the USPTO 1471 E. 9th St. Reno, NV 89512 Tel and Fax: 949 667 7402 ZachCoughlin@hotmail.com Self Representing Attorney Defendant IN THE RENO JUSTICE COURT COUNTY OF WASHOE; STATE OF NEVADA STATE OF NEVADA, PLAINTIFF vs. ZACHARY BARKER COUGHLIN; DEFENDANT ----------------------------------------------------/ WASHOE COUNTY, APPLICANT (OBO WCPD) V. ZACH COUGHLIN, ADVERSE PARTY IN RCP2012-000599 …………………………………………/ STATE BAR OF NEVADA, APPLICANT V. ZACH COUGHLIN, ADVERSER PARTY IN RCP 2012-000607. ------------------------------------------------/ ) ) ) ) ) ) RCR2013-072675 D5 RCR2011-063341 D2, THEN D4 RCR2012-065630 D1, THEN D5 RCR2013-071437 D2, THEN D4 D5, then reassigned Rcp2012-000607 Rcp2012-000599 MOTION TO STRIKE 10/23/13 SENTENCING MEMORANDUM in rcr2013-072675, and to STRIKE MOTIONS TO REMAND IN RCR2011-063341 AND RCR2012-065630 (IS DDA STEGE SUBSTITUTING IN FOR DDA YOUNG?), AND FOR CONTINUANCE OF 11/6/13 SENTENCING HEARING GIVEN COUGHLIN HAS BEEN UNABLE TO FIND COUNSEL WILLING TO ACCEPT HIS CASE AND GOOD CAUSE INCIDENT TO FACT THAT COUGHLIN’S HAS CRIMINAL TRIAL IN THE RMC SET FOR DAY AFTER SENTENCING HEARING IN THE CASE AT BAR, AND MOTION FOR APPOINTMENT OF COUNSEL FOR INDIGENT COUGHLIN AT ALL CRITICAL PHASES OF THIS CASE, WHERE SENTENCING IS JUST SUCH A CRITICAL PHASE; AND MOTION FOR EXTENSION OF TIME TO FILE OPPOSITION TO ALL MOTIONS TO REMAND, AND SENTENCING MEMORANDUM; MOTION TO VACATE OR MODIFY TPO AND EPO IN 599 AND 607 AND FOR ISSUANCE OF SUBPOENAS DETAILED HEREIN.AND NOTICE OF APPEAL OF ALL ORDERS 599 AND 607 AND REQUEST TO PROCEED IFP THEREIN, IN APPEAL TO THE 2JDC; motion to CONFLICT OUT WCDA’S OFFICE AND RJC AND ITS BAILIFFS I, Zachary Barker Coughlin declare pursuant to NRS 53.045, under penalty of perjury that the following is true and correct and based upon my own first hand knowledge except those matters stated upon information and belief (even where implicitly so stated), and as to those matters, I believe them to be true. POINTS AND AUTHORITIES Coughlin is indigent, meeting numerous of the presumptive threshold standards in the 1/4/08 Indigent Defense Order set forth in ADKT 0411 (Coughlin’s yearly income is less than $8,000, well less than the 200% of the 2013 Federal Poverty Guideline for a family of 1 (where such figure is $11,500, therefore, twice thereof would be $23,000) in addition to the fact that Coughlin receives both food stamps/SNAP, and has his medications and doctor’s visits paid for by Northern Nevada Adult Mental Health (NNAMHS), Coughlin owns only a 1996 Honda Accord worth less than $500 (which has recently not worked for one month), owns not stocks, bonds, or real property, and has not income, though is kept busy on a full time basis defending himself against a raft of vindictive prosecutions, and in the appeal of the recommendation to permanently disbar him in 62337 before the NSCT). Coughlin’s requests the appointment of counsel in any and every case and every stage in which he is at all entitled to such under the laws of the United States and the State of Nevada (where SCR 111(6) presents issue preclusion as to a NRS 199.280 charge being a “serious” crime, and the 1/4/08 Indigent Defense Orders established that Coughlin is entitled to counsel for all “serious’ charges (states are permitted to go beyond the Scott v. Illinois federal standard (Wegg v. Oregon) in providing greater protection to individual rights). The complete and utter breakdown of the adversary system in this matter is well illustrated in DDA Stege’s purported 10/23/13 “Sentencing Memorandum”. Whereas Coughlin has had a large number of filings and requests for access to his files in criminal cases and for dockets and audio transcripts reject

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    ¬Zach Coughlin, Esq. NV Bar 9473 (temporarily suspended but authorized to practice on his own behalf in Reno Justice Court), license not suspended before the USPTO 1471 E. 9th St. Reno, NV 89512 Tel and Fax: 949 667 7402 ZachCoughlin@hotmail.com Self Representing Attorney Defendant IN THE RENO JUSTICE COURT COUNTY OF WASHOE; STATE OF NEVADA STATE OF NEVADA, PLAINTIFF vs. ZACHARY BARKER COUGHLIN; DEFENDANT ----------------------------------------------------/ WASHOE COUNTY, APPLICANT (OBO WCPD) V. ZACH COUGHLIN, ADVERSE PARTY IN RCP2012-000599 …………………………………………/ STATE BAR OF NEVADA, APPLICANT V. ZACH COUGHLIN, ADVERSER PARTY IN RCP 2012-000607. ------------------------------------------------/ ) ) ) ) ) ) RCR2013-072675 D5 RCR2011-063341 D2, THEN D4 RCR2012-065630 D1, THEN D5 RCR2013-071437 D2, THEN D4 D5, then reassigned Rcp2012-000607 Rcp2012-000599 MOTION TO STRIKE 10/23/13 SENTENCING MEMORANDUM in rcr2013-072675, and to STRIKE MOTIONS TO REMAND IN RCR2011-063341 AND RCR2012-065630 (IS DDA STEGE SUBSTITUTING IN FOR DDA YOUNG?), AND FOR CONTINUANCE OF 11/6/13 SENTENCING HEARING GIVEN COUGHLIN HAS BEEN UNABLE TO FIND COUNSEL WILLING TO ACCEPT HIS CASE AND GOOD CAUSE INCIDENT TO FACT THAT COUGHLIN’S HAS CRIMINAL TRIAL IN THE RMC SET FOR DAY AFTER SENTENCING HEARING IN THE CASE AT BAR, AND MOTION FOR APPOINTMENT OF COUNSEL FOR INDIGENT COUGHLIN AT ALL CRITICAL PHASES OF THIS CASE, WHERE SENTENCING IS JUST SUCH A CRITICAL PHASE; AND MOTION FOR EXTENSION OF TIME TO FILE OPPOSITION TO ALL MOTIONS TO REMAND, AND SENTENCING MEMORANDUM; MOTION TO VACATE OR MODIFY TPO AND EPO IN 599 AND 607 AND FOR ISSUANCE OF SUBPOENAS DETAILED HEREIN.AND NOTICE OF APPEAL OF ALL ORDERS 599 AND 607 AND REQUEST TO PROCEED IFP THEREIN, IN APPEAL TO THE 2JDC; motion to CONFLICT OUT WCDA’S OFFICE AND RJC AND ITS BAILIFFS I, Zachary Barker Coughlin declare pursuant to NRS 53.045, under penalty of perjury that the following is true and correct and based upon my own first hand knowledge except those matters stated upon information and belief (even where implicitly so stated), and as to those matters, I believe them to be true. POINTS AND AUTHORITIES Coughlin is indigent, meeting numerous of the presumptive threshold standards in the 1/4/08 Indigent Defense Order set forth in ADKT 0411 (Coughlin’s yearly income is less than $8,000, well less than the 200% of the 2013 Federal Poverty Guideline for a family of 1 (where such figure is $11,500, therefore, twice thereof would be $23,000) in addition to the fact that Coughlin receives both food stamps/SNAP, and has his medications and doctor’s visits paid for by Northern Nevada Adult Mental Health (NNAMHS), Coughlin owns only a 1996 Honda Accord worth less than $500 (which has recently not worked for one month), owns not stocks, bonds, or real property, and has not income, though is kept busy on a full time basis defending himself against a raft of vindictive prosecutions, and in the appeal of the recommendation to permanently disbar him in 62337 before the NSCT). Coughlin’s requests the appointment of counsel in any and every case and every stage in which he is at all entitled to such under the laws of the United States and the State of Nevada (where SCR 111(6) presents issue preclusion as to a NRS 199.280 charge being a “serious” crime, and the 1/4/08 Indigent Defense Orders established that Coughlin is entitled to counsel for all “serious’ charges (states are permitted to go beyond the Scott v. Illinois federal standard (Wegg v. Oregon) in providing greater protection to individual rights). The complete and utter breakdown of the adversary system in this matter is well illustrated in DDA Stege’s purported 10/23/13 “Sentencing Memorandum”. Whereas Coughlin has had a large number of filings and requests for access to his files in criminal cases and for dockets and audio transcripts reject

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    6 26 13 0204 3913 3914 Opposition To Motion in Limine 488 Pages Stamped PDF

    Загружено:

    NevadaGadfly
    ¬Zach Coughlin, Esq. NV Bar 9473 (temporarily suspended but authorized to practice on his own behalf in Reno Justice Court), license not suspended before the USPTO 1471 E. 9th St. Reno, NV 89512 Tel and Fax: 949 667 7402 ZachCoughlin@hotmail.com Self Representing Attorney Defendant IN THE RENO JUSTICE COURT COUNTY OF WASHOE; STATE OF NEVADA STATE OF NEVADA, PLAINTIFF vs. ZACHARY BARKER COUGHLIN; DEFENDANT ----------------------------------------------------/ WASHOE COUNTY, APPLICANT (OBO WCPD) V. ZACH COUGHLIN, ADVERSE PARTY IN RCP2012-000599 …………………………………………/ STATE BAR OF NEVADA, APPLICANT V. ZACH COUGHLIN, ADVERSER PARTY IN RCP 2012-000607. ------------------------------------------------/ ) ) ) ) ) ) RCR2013-072675 D5 RCR2011-063341 D2, THEN D4 RCR2012-065630 D1, THEN D5 RCR2013-071437 D2, THEN D4 D5, then reassigned Rcp2012-000607 Rcp2012-000599 MOTION TO STRIKE 10/23/13 SENTENCING MEMORANDUM in rcr2013-072675, and to STRIKE MOTIONS TO REMAND IN RCR2011-063341 AND RCR2012-065630 (IS DDA STEGE SUBSTITUTING IN FOR DDA YOUNG?), AND FOR CONTINUANCE OF 11/6/13 SENTENCING HEARING GIVEN COUGHLIN HAS BEEN UNABLE TO FIND COUNSEL WILLING TO ACCEPT HIS CASE AND GOOD CAUSE INCIDENT TO FACT THAT COUGHLIN’S HAS CRIMINAL TRIAL IN THE RMC SET FOR DAY AFTER SENTENCING HEARING IN THE CASE AT BAR, AND MOTION FOR APPOINTMENT OF COUNSEL FOR INDIGENT COUGHLIN AT ALL CRITICAL PHASES OF THIS CASE, WHERE SENTENCING IS JUST SUCH A CRITICAL PHASE; AND MOTION FOR EXTENSION OF TIME TO FILE OPPOSITION TO ALL MOTIONS TO REMAND, AND SENTENCING MEMORANDUM; MOTION TO VACATE OR MODIFY TPO AND EPO IN 599 AND 607 AND FOR ISSUANCE OF SUBPOENAS DETAILED HEREIN.AND NOTICE OF APPEAL OF ALL ORDERS 599 AND 607 AND REQUEST TO PROCEED IFP THEREIN, IN APPEAL TO THE 2JDC; motion to CONFLICT OUT WCDA’S OFFICE AND RJC AND ITS BAILIFFS I, Zachary Barker Coughlin declare pursuant to NRS 53.045, under penalty of perjury that the following is true and correct and based upon my own first hand knowledge except those matters stated upon information and belief (even where implicitly so stated), and as to those matters, I believe them to be true. POINTS AND AUTHORITIES Coughlin is indigent, meeting numerous of the presumptive threshold standards in the 1/4/08 Indigent Defense Order set forth in ADKT 0411 (Coughlin’s yearly income is less than $8,000, well less than the 200% of the 2013 Federal Poverty Guideline for a family of 1 (where such figure is $11,500, therefore, twice thereof would be $23,000) in addition to the fact that Coughlin receives both food stamps/SNAP, and has his medications and doctor’s visits paid for by Northern Nevada Adult Mental Health (NNAMHS), Coughlin owns only a 1996 Honda Accord worth less than $500 (which has recently not worked for one month), owns not stocks, bonds, or real property, and has not income, though is kept busy on a full time basis defending himself against a raft of vindictive prosecutions, and in the appeal of the recommendation to permanently disbar him in 62337 before the NSCT). Coughlin’s requests the appointment of counsel in any and every case and every stage in which he is at all entitled to such under the laws of the United States and the State of Nevada (where SCR 111(6) presents issue preclusion as to a NRS 199.280 charge being a “serious” crime, and the 1/4/08 Indigent Defense Orders established that Coughlin is entitled to counsel for all “serious’ charges (states are permitted to go beyond the Scott v. Illinois federal standard (Wegg v. Oregon) in providing greater protection to individual rights). The complete and utter breakdown of the adversary system in this matter is well illustrated in DDA Stege’s purported 10/23/13 “Sentencing Memorandum”. Whereas Coughlin has had a large number of filings and requests for access to his files in criminal cases and for dockets and audio transcripts reject

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    из 488

    ,

    I
    FILEO I
    "[HO COcI1!'
    , 1013 JUN 26 PM 3: 19
    CLERK OF THE COURJ
    fbr No. 'Hll (tempcnrilpuSI'cnkd .sof6n1n Ordtt- '" 6OIl18Y' __ '" 1
    0 purr
    Reoo.NV89512
    Tcle InCI Fax: 7 1402
    pro """ indiFnl COUll owoint to-JUnS(1 onlr. 'f IlOl pmnilt<d 10 mmoin ono's self
    pt;..,;.,y couiutI, lhtn S MM"'I 01\ <:<>-<.:_1 riJ,ht Ll)"IM.""'.
    '- '
    IN THE RENO MUNlCll'ALCOUkT
    OF THESTATEQfNEVIIOA: IN AND FOR TIIECOUNTYOf WASftOE
    CITV Of RENO. )
    )


    :'lA1NTIFf.
    c..s.No; 13CRJ9U ...., llCRl914
    \)m' No: I
    AI ' II l'OUGII UN:
    I)En :NIMNT
    - QI,.,OSIlWN TO ( IU'S MOTION IN -
    :-:...:h ( "ought",. by hi", .. lf opposn lho City's m(h'I for on ordC'l in Limine
    dfoclo'c Ih. the Trial ho,e;n currmdy scheduled for 20U. This Opposition '" made
    ponuaoM 10 R-M.C. Rule 4, NRCI' 6O(bX4). NRC'4, 1M Nevada Supreme COWl 0,._ ill lO5eflh
    TnICSdeIl VI. St..teofNt-.da.. 129 Nev. Ad,......, Opi_ 2O(ApriI4.101l) IOd tt>t tOIlowin& f'oinIs
    -... .
    Sw.. 91 1 P.2d 107S (AlasbCl ,f!he ownl5SlKd!he
    ord(r in CNOf baaI on fKNIt $etVlId "idlihe order
    mIlK obey it ..... il it is '"ttMe
    L FACTS
    z.dIary C""&h' in (he<einaft(t "Cloer,,.,,", is o;Nrpd wid! Viol_ion or I
    1..........,....v ... Extended Order fOr PmtcctionApiNlIIaUiA ....... ",Ihc Wcdpllce. . vioIMionor
    NRS 1l.lSOIlS iolCOOpooMo:I by Rmo M .... ic.paI Code Sccrion SftAmtndo:! Crirllinal
    Complai.,. filed 7. lOll II IS ,.J1q;Ied mcnlia,. 1haI' The ItaIo Jllllice Coun .....aI
    Tmoporary oro.. (or Ihc Api/$ 1I..--nI in rbo: W<ri:plKc on Docemba 20. 2012.
    wi!h Ml t>qllralion date or J-...ry 4. 20 IJ (IUC RCP20ll..(MX)6()1).
    - ,-
    1
    2
    /he /;$ $rder prohiAited the Defendant or an agent of the Defendant from contacting
    (versus prohiAiting Coughlin from DharassingD' the *tate Bar of Nevada4s Northern $ffice only
    (going so far as to prevent Coughlin from even mailing in the US mail harassing materials to the
    SBN, and, perhaps, any materials), reading:
    D7/ 7* 0:+/8(+ $+D(+(D that you, the <dverse ;arty, are prohiAited, either directly or through
    an agent, from contacting, intimidating, using, attempting to use, or threatening the use of
    physica force, or other!ise interfering in any !ay !ith the empoyer, an empoyee of the
    empoyer !hie the empoyee is performing his duties of empoyment, and any person !hie the
    person is present at the !or"pace of the empoyer, incuding, #ut not imited to, in person, #y
    teephone, through the mail, through eectronic mai $e%mai&, facsimie $fa'&, or through another
    person) 7/ 7* 0:+/8(+ $+D(+(D that you stay aCay from the Cor5place of the employer,
    Cherever situated Cithin the *tate, including, Aut not limited to, the folloCing specific Cor5place
    address(es': 94. D$:B6( + B6-D) /oCn!city of +(N$, County of ?<*8$(, *tate of
    N(-<D<D)
    Chief Deputy City <ttorney ?ong has admitted to Coughlin that he Could Ae prosecuting
    Coughlin for a /;$ violation if Coughlin had mailed, through the :*;*, even a non2threatening,
    non2harassing filing (ie, Cith a caption, and the party names, and court name in N@"#2
    %#%4,%434,%43., etc' to the *BN during the pendency of the "#!#%!"# /;$ the terms of Chich are
    listed aAove)
    /he "!4!"3 (;$ failed to list the *BN4s Northern $ffice4s fa1 numAer therein (and ;eters
    (Chose handCriting is seen in the "#!#%!"# /;$ <pplication (Chich, Chere the /;$!(;$ are
    apparently re3uested to protect her (indeed the application lac5s another Eurisdictional prere3uisite in
    that it fails to list specific employees it see5s to protect' violates N+* 33)#.% in that an employee
    may not apply for a ?or5place /;$ on their oCn Aehalf, Chich is Chite ;eters had to use Chite out
    on the application on the page Chere she originally listed herself as the *BN4s agent applying for
    such)))further, NNDB ;anel Chair (cheverria4s employees at mentioned in the D(1hiAit "D unsigned,
    unsCorn, unattriAuted , consisting solely of hearsay, are not the proper suAEect of a Cor5place
    harassment order filed Ay those Chome do not employe them (ie, the *BN', so Eust Cho do the /;$!
    (;$ purport to protectF 7f its ;eters, then her act of filling out the application voids the orders, same
    Cith Ging (and the /;$ <pplication upon Chich such $rder issued failed to list the fa1 numAer for
    the Northern $ffice as Cell')
    /he "!"4!"3 (;$ reads:
    D7/ 7* 0:+/8(+ $+D(+(D that you, the <dverse ;arty, are prohiAited, either directly or through
    an agent, from contacting, intimidating, using, attempting to use, or threatening the use of physical
    force, or otherCise interfering in any Cay Cith the employer, any employee of the employer Chile the
    employee is performing his duties of employment, and any person Chile the person is present at the
    Cor5place of the employer, including, Aut not limited to, in person, Ay telephone, through electronic
    mail (e2mail', facsimile (fa1', or through another person) (d)erse Party may su#mit documents to
    the State *ar ony through the +,S, mai #ut those documents must not contain threats or other
    intimidating statements)D
    *erving suApoenas, suAmitting documents to courts, and serving opposing parties in a
    litigation filings are clearly constitutionally protected activities under N+* 33)3% and the the
    folloCing case laC: $4Brien, 9" N( #d .47, 8ayford, 7% N? #d .%3, ;oinde1ter, &9& *o) #d #%4,
    Duran, #%%# ?6 "44.33")
    - 2-
    1
    2
    Coughlin4s N+* ")#3% 9otion to Dis3ualify the +BC Cas not responded to Ay the +9C
    Cithin . Eudicial days, Ay affidavit, as re3uired Ay the procedures set forth therein) +ather than
    proceed to filing a ;etition for ?rit of 9andamus, Certiorari, or ;rohiAition, it Could ma5e the most
    sense to dismiss Aoth of these matters immediately, as the interests of Eudicial economy and Eustice
    overall calls for doing so) $n that note, the "!"!"3 <dministrative $rder #%"32%" is something that
    should receive a similar treatment, and the conviction in +9C "" C+ ##"7 that has noC resulted in
    over a year long suspension of Coughlin4s laC license (see %&3&', and the criminal trespass
    conviction in +9C "" C+ #4%. (see "9%", and the collateral issues set forth in e1cruciating detail
    in "3&3' are highly suspect and prudence dictates vacating such convictions (particularly Chere the
    *i1th <mendment Cas not fulfilled in either case, and Chere a multitude of violations of N+*
    "7&)4%. occurred, and Chere N+* "7")"3, not to mention N+* "7")"#.. Could rightfully e1clude
    any DfruitsD of such an unlaCful arrest and concomitant search in ##"7 (regardless of the fact that
    the receipt for the items Coughlin purchased some H&3)&#, clearly contains the :;C for the alleged
    DfruitsD oAtained from such an unlaCful search)))Aut, clearly, denying Coughlin counsel in violation of
    <igersinger, especially Chere Budge 8oCard4s pre2trial orders clearly indicate that Dthe mere
    possiAilityD of incarceration aAsolutely Cas still present throughout that trial of ""!3%!"", re3uired
    providing Coughlin court appointed counsel, and Coughlin4s indigency application on file therein
    clearly met, on a per se Aasis, the #%%9 7ndigent Defense $rder poverty levels to re3uire such, so
    really, it Could ma5e an aCful lot of sense to consider vacating those convictions, vacating the
    <dministrative $+der #%"32%", dismissing Aoth of these spurious /;$!(;$ violation prosecutions,
    etc) as it Could li5ely save Coughlin the Aurden of filing a multitude of ;etitions for (1traordinary
    ?rits detailing the circumstances Ariefly alluded to aAove and some of the trouAling aspects thereof)
    /he Defendant was not served this $rder on DecemAer #, #%"#, contrary to the +C<4s assertions in
    its 9otion) *ervice of such civil) protection orders under Nevada laC must comport Cith N+C; 4,
    and the purported "#!#!"" ;roof of *ervice Ay +BC Bailiff (nglish is not in the form of an affidavit
    (true, Buc5Calter li5ely alloCs for the use of a Declaration under penalty of perEury, Aut (nglish4s
    ;roof of *ervice lac5s that as Cell, in addition to failing to comply Cith the re3uirement in N+C;
    4(g' that such list the place at Chich such purported service Cas attempted, and given, upon
    information and Aelief, that +BC Bailiff (nglish attempted such service in the +BC4s criminal division
    filing office and or Cithin the Department of <lternative sentencing proAation chec52in Aoo5 therein
    (similar to the purported service, apparently, Ay +9C Chief 9arshal +oper of the "!"!"3
    <dministrative $rder #%"32%" Ay +9C <dministrative Budge @ardner Chich misstates the phrasing
    in Nev) Const <rt , *ec as to the purported authority granted therein e1tending to DNevada CourtsD
    Chere such section spea5s to DDistrict courtsD Chich is trouAling considering the clearly defined
    distinctions AetCeen courts of limited Eurisdiction, such as the +BC and +9C, and general
    Eurisdiction district courts, and the concomitant more narroCly circumscriAed even inherent authority
    even arguaAly inuring thereto) Coughlin has and continues to ma5e an Dopen refusalD Cith respect to
    his contention that he is not Aound Ay such +9C <dministrative $rder, Aut, in an aAundance of
    caution folloCs it Cherever at all possiAle) 7n that regard, Coughlin re3uests that the +9C provide
    Coughlin and or Couglhin and Chief Deputy ?ong a complete copy of Coughlin4s .!"3!"3 filing
    (only the one that is appro1imately "3 pages or so, to Ae clear, Coughlin is not see5ing a copy of the
    much longer filing)))Coughlin notes that the <dministrative $rder re3uires the +9C 9arshals
    provide him a DcopyD , a file stamped one, of anything he files)))and that such order does not indicate
    such copy shall only include the cover page)))nonetheless, out of respect for the +9C Coughlin has,
    Chile reserving his rights thereunder, accepted the practice of the +9C up to this point of only
    - 3-
    1
    2
    providing a copy of the cover page, Aut in this one instance Cith respect to the .!"3!"3 filing in one or
    Aoth of these matters, Coughlin is unaAle to find a complete copy of that appro1imately "3 page
    filing, Chether in hard copy or digital format, and re3uest the +9C provide him Cith one (Chich
    Coughlin Could thereafter immediately provide a copy of to Chief Deputy ?ong')
    <s to the City4s contention that N+* 33)#7%(9' afforded Coughlin some reasonaAle means of
    having modified or dissolved the /;$ in 3uestion, Chich the City admits Cas not even purportedly
    served on Coughlin until "#!#!"#, Chere the City alleges a violation thereof on "!3!"3 (underscoring
    the unreasonaAleness of the City4s interpretation and suggestion that, Cith an intervening court
    holiday on "!"!"3, that it Could have even Aeen possiAle for the +BC to hold any such hearing to
    modify such /;$ in time for Coughlin to timely file an N+C; .# or .9 9otion as to the "#!"4!"#
    0indings of 0act in Chat Cas then still very much an active case in the *tate Bar of Nevada4s DcourtD,
    and the *BN4s suggestion otherCise Aelies the utter lac5 of professionalism, not to mention honesty,
    of Aoth Cler5 of Court 6aura ;eters, and <sst) Bar Counsel Ging, something the City apparently is
    Cilling to co2sign, and is noC as5ing the +9C to get on Aoard Cith')
    <s to that "#!#%!"# $rder Aeing suAEect to collateral attac5 and important point relates to the
    e1tent to Chich the language therein gives one the impression, upon Chich they are reasonaAly
    entitled to rely, that no such N+* 33)#7%(9' hearing to modify is availaAle Chere the Ao1 on page # of
    . is chec5ed to indicate Coughlin had advance notice of the /;$ <pplication Aearing a file stamp
    time of &:4% am on "#!#% Chere such $rder Cas granted at #:." pm on "#!#% (not e1actly a lot of
    DnoticeD', and the Ao1 thereafter set of Ay an D$+D indicating an alternative is N$/ chec5, Cith such
    second Ao1 and characteriIation thereafter spea5ing to some rights Dtherefore, the Court is re3uired to
    conveyD as to the very N+* 33)#7%(9' possiAility of such a party (the implication is that only an
    adverse party Chom the Court found had not Aeen provided advance notice of the /;$ application
    has such rights to a hearing to modify or dissolve such /;$') /o Cit, page # of . of the "#!#%!"#
    /;$ reads:
    DN$/7C( 07ND7N@* ))(N$/(: this Ao1 is chec5ed here' /he <dverse ;arty had advance notice
    aAout the <pplication for this /emporary $rder for ;rotection <gainst 8arassment in the ?or5place)
    OR
    (N$/(: this Ao1 is N$/ chec5ed': /he <dverse ;arty did not have advance notice aAout the
    <pplication for this /emporary $rder for ;rotection <gainst 8arassment in the ?or5place)
    Therefore, the Court is required to convey the following information to the Adverse arty: ("' /he
    <dverse ;arty is entitled to a hearing on this $rder, pursuant to N+* 33)#7%) :pon the filing of a
    motion for hearing, the Court Cill proceed to hear and determine the motion as e1peditiously as the
    ends of Eustice re3uire) <t the hearing, the CoC" may dissolve or modify the $rder)
    0or an +C< see5ing to ta5e Coughlin to tas5 over phenomenally suspect, and de minimis, at
    Aest, alleged violations of this /;$!(;$, it sure is Cilling to overloo5 a numAer of deficiencies in the
    performance of the +BC, the +BC Bailiffs, the *BN and its Cler5 of Corut, +;D Detective >truAidde,
    the arresting +;D officers, etc), etc) as they relate to their respective roles in this matter and the void
    and voidaAle nature of the tCo protection orders in 3uestion) *ort of a do Chat Ce say not as Ce do
    type approach) < DCe4re aAove the laC, ourselves, seeD 5ind of attitude)
    0urther, the +C< failed to turn over the Brady material attendant to the missing ;roof of
    *ervice page for such "#!#%!"# /;$ in +C;"#2%7, in the +C<4s initial purported (yet still not
    - 4-
    1
    2
    technically served' discovery to Coughlin, Cherein the "#!#!"# ;roof of *ervice Ay the +BC4s Bailiff
    <nthony (nglish Cas missing therefrom, in a tacit admission Ay the +C< that it 5noCs such
    purported service Cas Coefully insufficient (the order itself directed specific memAers of laC
    enforcement (not among them Cere the +BC Bailiff, Chom Ay the Cay, as parties, also purported to
    effect service of a /;$ against Coughlin Ay D?ashoe CountyD, and really, the ;uAlic Defenders
    $ffice is an independent contractor, as such, ?ashoe County has no standing to move on its Aehalf or
    on Aehalf of any of the ?C;D4s employees for a ?or5place /;$', and therefore the +C< is violating
    +;C 3)& and Brady in maintaining Aoth of these prosecutions in addition to Aeing a Cilling
    accomplice to the criminal misconduct Aeing committed Ay the *tate Bar of Nevada4s $BC <sst) Bar
    Counsel Ging and DCler5 of CourtD!7nvestigator!;aralegal, 6aura ;eters, Chom admit to throCing
    aCay or otherCise failing to fulfill her duties as DCler5 fo CourtD for the *tate Bar of Nevada in
    formal disciplinary proceedings (as Aoth ;eters and Ging have held ;eters out to Ae DCler5 of Court
    of the *tate Bar of Nevada')
    +C< ?ong is an accomplice to ;eters and Ging4s misconduct (Chich is criminal in itself' in
    suAverting the Eudicial process in N@"#2%#%4, %434, %43. (Cith the latter tCo grievance case
    numAers representing matters Arought Ay the +eno 9unicipal Court, Cith %434, per +9C Budge
    Nash 8olme4s 3!"4!"# Critten grievance to the *BN, Aeing a matter Arought against Coughlin Ay
    <66 of the Eudges of the +9C, as Cell as the +9C4s staff and employees, further evincing a Aasis for
    dis3ualification of Aoth the +9C and +C< herein (and Coughlin4s .!"!"3, .!#!"3 and .!"3!"3
    9otions to Dis3ualify the +9C!Budge DilCorth and the +C< have not Aeen responded to, much less
    Ay sCorn affidavity Cithin the five days re3uired Ay N+* ")#3%, ma5ing any further action in this
    matter void, especially as the failure to so appropriately respond to the 9otion to Dis3ualify that
    Coughlin is herein appealing goes to the very Eurisdiction of the +9C do proceed in any manner in
    either of these prosecutions', Aeyond the fact that Eurisdiction attached in the +BC originally here, and
    the failure of the ?CD<4s $ffice to proceed Cith its prosecution in connection Cith the #!&!"3 arrest
    of Coughlin prevents the +C< from suAEecting Coughlin to douAle Eeopardy going forCard in the
    +9C)
    /his matter has already cost Coughlin enormously (including re3uiring hundreds of hours of
    legal Cor5 on his part, ta5ing him aCay from the pressing defense of his laC license and collateral
    matters in #337, "3&3, %3%#, #"%4, %&3&, "9%", etc', as the Aail alone Cas H.,%%% (re3uiring
    H&%% cash to Aond out' on that rec5less or purposeful overcharging Coughlin Cith a felony (;$
    violation and a gross misdemeanor /;$ violation (Chere +;D >turAide applied the Crong statute, ie,
    instead of a Cor5place harassment protection order violation, Chich is clearly delineated as a
    misdemeanor on the very /;$ $rder the >turAide Cas provided Ay the *BN and +BC during his
    DinvestigationD prior to ordering such arrest of Coughlin')
    /he +C< itself has already admitted to, failed to alleged, or otherCise conceded that D$n
    Banuary 3, #%"3, Defendant had a male individual contact the location attempting to file documents
    on behalf of the !efendant)D) *imply put, an allegation that Coughlin had a courier attempt Dto file
    documentsD in connection Cith the Eust minted "#!"4!"# 0indings of 0act= Conclusions of 6aC in
    N@"#2%#%4, %434, %43. (hereinafter DN@"#D' is an admission that Coughlin Cas not doing anything,
    alleged or otherCise, of a DharassingD nature, Aut rather in Ay Dattempting to file documentsD
    engaging in patently constitutionally protected activity under N+* 33)3% Ay parta5ing in the Eudicial
    process and attempting to Dfile documentsD)
    +C< ?ong admits he has not and Cill not even revieC such documents Coughlin is purported
    to have filed as, according to ?ong, it matters not Chether or not such documents contain any
    - 5-
    1
    2
    harassing content of any 5ind or Chether they are merely filings in the N@"# matter in the *tate Bar
    of Nevada4s Cler5 of Court4s records that Coughlin Could necessarily need to file to say, move for a
    neC trial or otherCise challenged the "#!"4!"# 0$0C$6 (via, say, a N+C; .#, .9, or % 9otion,
    Chich, incidentally, the former tCo Could Ae re3uired to Ae filed Cithin 4ten Eudicial daysD from the
    entering of the "#!"4!"# 0$0C$6 )))meaning the due date for such post20$0C$6 motions Could Ae
    the very day Coughlin is alleged to have delivered to the *BN4s Cler5 of Court and the *BN motions
    of Eust that very sort')
    Defendant has filed herein various 9otions to Juash!Dismiss!Bifurcate, etc) these tCo
    prosecutions, to Chich the +C< has failed to oppose, and accordingly, under DC+ "3(3' and ;ol5 v)
    *tate, such failure to oppose should result in a dismissal of these tCo prosecutions) 7n such filings
    herein Coughlin has alleged issues and errors, including Aut not limited to, those regarding the *tate
    Bar of Nevada4s /emporary!(1tended $rder for ;rotection <gainst 8arassment in the ?or5place
    (hereinafter D*BN /;$D') /he alleged issues and errors include the failure to serve Coughlin Cith
    the *BN /;$!(;$ $rders and or their respective <pplications (and N+* 33)#7% re3uires a separate
    application for an (;$ Ae filed, on a court approved form no less, and no such separate (;$
    <pplication Cas filed', the Nevada *tate Bar4s failure to post a security Aond (a Eurisdictional
    prere3uisite to the +BC even issuing such a /;$ or (;$, improper service of the *BN /;$!(;$ and
    or the applications, violation of a DCourthouse *anctuary +uleD in the service of the *BN /;$ and its
    application, and violation of an D<ttorney!6itigant 7mmunity 0rom *ervice of ;rocess ?hile
    <ttending @oing to, <ttending, or 6eaving Court +uleD in the service of the *BN /;$ ands its
    <pplication) 0urther Coughlin alleged a failure to ma5e a specific finding that Coughlin had
    committed or presented a crediAle threat to commit and act of Dharassment in the Cor5placeD as
    defined under N+* 33)#4% (rather the order merely indicates that Coughlin4s alleged Dfailure to
    appearD at the "!4!"3 (1tension 8earing Cas sufficient to alloC a default (;$ Ae entered, and that
    some purported attempt to serve Coughlin advance notice of the "#!#%!"# /;$ application Eustified
    granting a /;$ $rder less than 3 hours after the application Cas filed on "#!#%!"#, Chich order failed
    to ma5e the re3uisite finding that legitimate attempts to serve Couglin in advance had Aeen made, or
    Cere successful, or that a sufficient rationale for dispensing Cith such a re3uirement Cas present, as
    N+* 33)#7% re3uired the *BN Dlist specific facts that clearly shoC that Dimmediate and irreparaAle
    inEury loss or damageD Cill result to the employer, an employee of the employer Chile employee
    performs the duties of his employment, or a person Cho is present at the Cor5place of the employer
    Aefore the <dvers ;arty or his attorney can Ae hear in opposition (and ;eters indication that she
    attempted to email Coughlin a copy of the /;$ application is particularly suspect given the fact that
    ;eters herslef had place Coughlin on her oCn Aloc5ed sender4s list in $ctoAer #%"#, despite her title
    as an 7nvestigator on disciplinary cases, including Coughlin4s and the voluminous evidence Coughlin
    had Aeen sending ;eters and the $BC demonstrating the Canton fraud and misconduct Aeing
    committed Ay +ichard @) 8ill, (s3) and Casey D) Ba5er, (s3), opposing counsel in the matter on
    appeal in "3&3 (see also their heavy influnce in #337 and "9%"', and a listing of Dspecific facts
    supporting Caiver of the statutory notice re3uirementsD)
    <dditionaly, under Nevada laC: Dan e1tended order cannot Ae granted unless: ("' the
    <pplication, and notice of the petition for the order and of the hearing thereon, are served upon the
    <dverse ;arty pursuant to the +ules of Civil ;rocedure (N+C; +ule 4')))D N+C; 4 maintains that
    service must Ae done Ay one Cho is Dover "& years of ageD, N+C; 4(c' (on the "#!#!"# ;roof of
    *ervice Ay +BC Bailiff (nglish, he ma5es no indication as to Chat his age is') 0urther, +BC Bailiff
    (nglish4s "#!#!"" purported ;roof of *ervice is violative of N+C; 4(g' Chich re3uires that: D7n case
    of service otherCise than Ay puAlication, the certificate or affidavit shall state the date, place and
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    1
    2
    manner of service)D) /he Dcourthouse sanctuary ruleD and the rule providing litigants!defendants and
    their attorneys immunity from service of process in the courthouse spea5s to the re3uirements of
    N+C; 4(g' (none of that information is contained in Bailiff (nglish4s ;roof of *ervie, ie, Chere he
    purported to so service Coughlin (in the +eno Bustice Court', Chat time, in Chat manner, etc)')
    Coughlin has at all times Cherein any +BC Bailiff has attempted to or purported to service him
    process or any other legal document Chile Coughlin Cas in the +eno Bustice Court and Chile
    Coughlin Cas in the ?ashoe County Bail, has asserted and therefore never Caived, his rights to
    immunity from not only service of process, Aut also from arrest) 0urther, the +9C!+C< itself has
    violated the courthouse sanctuary!immunity rule in these tCo prosecutions, as defendant in a criminal
    case Cill not lose immunity from service of civil process Ay pleading to the indictment and Aeing
    re3uired to give Aail) Coughlin Cas never served the summons in 39"3 or 39"4, and Coughlin4s
    shoCing up to the 4!"7!"3 arraignement in those matters and prior thereto further preserving his
    rights in his filing of that date Cith a time stamp prior to the start time of the arraignment further
    preserved Coughlin4s rights in that respect) /he +9C has failed to provide Coughlin any return of
    service in response to Coughlin4s various re3uests for such as to the *ummons and Complaint in Aoth
    39"3 and 39"4 and Coughlin reiterates his re3uests for such again here noC) Greiger v) Greiger, 7
    9isc) #d .9., 7" N)>)*)#d 44& (*up "947', order aff4d, #7# <)D) &&%, 7# N)>)*)#d 4%3 ("st Dep4t
    "947'):
    77) <9(N<B767/> /$ *(+-7C( $0 ;+$C(** B) ;ersons 7mmune to *ervice of ;rocess #)
    ;ersons <ttending Court or @overnmental 8earings a) 7n @eneral /opic *ummary Correlation /aAle
    +eferences K #") @enerally ?est4s Gey NumAer Digest ?est4s Gey NumAer Digest, 0ederal Civil
    ;rocedure 54"., 4" ?est4s Gey NumAer Digest, ;rocess 5""7 to "#% 6itigants, their attorneys, and
    Citnesses are immune from service of process Chile attending court)L0N"M /he Aasis for this rule,
    sometimes 5noCn as the DCourthouse *anctuaryD rule, is that parties should Ae alloCed to contest
    Eurisdiction Cithout suAmitting to it)L0N#M ;rocess immunity is not for the convenience of the person
    see5ing it Aut is for the convenience of the court, and should Ae made availaAle only to further the
    administration of Eustice)L0N3M /he test is Chether the privilege, if alloCed, Could so oAstruct
    Eudicial administration in the cause for the protection of Chich it is invo5ed as to Eustify Cithholding
    it= this depends on the nature of the proceeding in Chich the service is made and its relation to the
    principal suit)L0N4M Because the privilege is designed for the court4s convenience, it is not automatic,
    and the party must affirmatively shoC that it is in the court4s oCn interest in the furtherance of the
    administration of Eustice to 3uash the summons)L0N.M $nce the plaintiff ma5es a prima facie shoCing
    of Eurisdiction, the Aurden shifts to the defendant see5ing immunity from the service of process to
    produce evidence estaAlishing immunity Ay shoCing that he or she Cas attending a Eudicial
    proceeding)L0NM Caution: 7n at least one state, the immunity rule is no longer the laC, Chether the
    person see5ing immunity is a nonresident Citness or a nonresident party)L0N7M C:9:6</7-(
    *:;;6(9(N/ #B <m) Bur) #d ;rocess K #" Cases: *ervice of process effected in courtroom, Aut
    outside court presence and in AetCeen calendar calls, Cas not affected Ay limited courthouse
    sanctuary rule, Chich provided immunity from service of process for NeC >or5 residents if such
    service Could constitute a disturAance directly tending to interrupt proceedings of court or to impair
    respect due its authority) North 0or5 Ban5 v) @rover, 3 9isc) 3d 34", 773 N)>)*)#d #3" (Dist) Ct)
    #%%4') L(ND $0 *:;;6(9(N/M L0N"M 6amA v) *chmitt, #&. :)*) ###, .# *) Ct) 3"7, 7 6) (d)
    7#% ("93#'= *teCart v) +amsay, #4# :)*) "#&, 37 *) Ct) 44, " 6) (d) "9# ("9"'= 9oreo v) +egan,
    "4% <)D)#d 3"3, .#7 N)>)*)#d .47 (#d Dep4t "9&&'= Commercial Ban5 N /rust Co) v) District Court
    of 0ourteenth Budicial Dist) 7n and 0or /ulsa County, "9&% $G 3, %. ;)#d "3#3 ($5la) "9&%') L0N#M
    North 0or5 Ban5 v) @rover, 3 9isc) 3d 34", 773 N)>)*)#d #3" (Dist) Ct) #%%4') L0N3M 6amA v)
    - 7-
    1
    2
    *chmitt, #&. :)*) ###, .# *) Ct) 3"7, 7 6) (d) 7#% ("93#'= ;age Co) v) 9acDonald, #" :)*) 44,
    43 *) Ct) 4", 7 6) (d) 737 ("9#3'= *teCart v) +amsay, #4# :)*) "#&, 37 *) Ct) 44, " 6) (d) "9#
    ("9"'= <+? (1ploration Corp) v) <guirre, 4. 0)3d "4.. ("%th Cir) "99.') L0N4M 6amA v) *chmitt,
    #&. :)*) ###, .# *) Ct) 3"7, 7 6) (d) 7#% ("93#') L0N.M <+? (1ploration Corp) v) <guirre, 4. 0)3d
    "4.. ("%th Cir) "99.'= +epuAlic ;roductions, 7nc v) <merican 0ederation of 9usicians of : * and
    Canada, "73 0) *upp) 33% (*)D) N)>) "9.9') L0NM 6a+ose v) Curoe, 343 N)?)#d ".3 (7oCa "9&3')
    L0N7M *ilverman v) *uperior Court, #%3 Cal) <pp) 3d "4., #49 Cal) +ptr) 7#4 (#d Dist) "9&&') #B
    <9B:+ ;+$C(** K #")
    77) <9(N<B767/> /$ *(+-7C( $0 ;+$C(** B) ;ersons 7mmune to *ervice of ;rocess #)
    ;ersons <ttending Court or @overnmental 8earings A) 6itigants /opic *ummary Correlation /aAle
    +eferences K #7) @enerally ?est4s Gey NumAer Digest ?est4s Gey NumAer Digest, 0ederal Civil
    ;rocedure 54"., 4" ?est4s Gey NumAer Digest, ;rocess 5""9 /here is conflicting authority on the
    3uestion of Chether a party litigant may claim an e1emption from service of process Chile attending
    trial)L0N"M /he generally prevailing rule is that nonresident litigants are privileged from service of
    civil process Chile going to, attending, or returning from, court)L0N#M /he rule is especially true
    Chere parties may Ae e1amined as Citnesses,L0N3M or Chere such a party is attending a trial to testify
    as a Citness)L0N4M /he privilege is generally limited to nonresidents and to residents attending court
    in a county outside their county of residence, and does not e1tend generally to residents)L0N.M 7n
    contrast, some Eurisdictions have declined to e1tend to nonresident litigants protection from the
    service of process in another action)L0NM L0N"M 9ertens v) 9c9ahon, 334 9o) "7., *)?)#d "#7,
    93 <)6)+) "#&. ("933') L0N#M 6amA v) *chmitt, #&. :)*) ###, .# *) Ct) 3"7, 7 6) (d) 7#% ("93#'=
    *teCart v) +amsay, #4# :)*) "#&, 37 *) Ct) 44, " 6) (d) "9# ("9"'= Durst v) /autges, ?ilder N
    9cDonald, 44 0)#d .%7, 7" <)6)+) "394 (C)C)<) 7th Cir) "93%'= 6a+ose v) Curoe, 343 N)?)#d ".3
    (7oCa "9&3'= 9assengale v) 6ester, 4%3 *)?)#d 97 (Gy) "9'= Commercial Ban5 N /rust Co) v)
    District Court of 0ourteenth Budicial Dist) 7n and 0or /ulsa County, "9&% $G 3, %. ;)#d "3#3 ($5la)
    "9&%'= 6o1, *toc5 and Bagels, 7nc) v) Gotten 9ach) Co) of California, 7nc), #" ;a) *uper) &4, 39.
    <)#d 9.4 ("97&'= ;ar5er v) +eddic5, "9 /enn) 47#, #& *)?)#d 3.7, 4. <)6)+)#d "%9 ("9.4'= *tate
    e1 rel) #B <m) Bur) #d ;rocess K #7 @arner v) @arvin, "4. ?) -a) &#%, ""7 *)()#d .#" ("9%') <
    federal court is not foreign to a court of the state in Chich it sits, so as to Ae aAle to ta5e Eurisdiction
    of an action against a nonresident on Chom process is served Chen in the state, attending on the state
    court as a party to a suit pending therein) ;age Co) v) 9acDonald, #" :)*) 44, 43 *) Ct) 4", 7 6)
    (d) 737 ("9#3') L0N3M 9ertens v) 9c9ahon, 334 9o) "7., *)?)#d "#7, 93 <)6)+) "#&. ("933')
    L0N4M 6ong v) 8aC5en, ""4 9d) #34, 79 <) "9% ("9""'= Diamond v) (arle, #"7 9ass) 499, "%. N)()
    33 ("9"4') L0N.M 0isher v) Bouchelle, "34 ?) -a) 333, " *)()#d 3%. ("9.%') <s to the privilege of
    person outside oCn county, see K 3%) L0NM *ilverman v) *uperior Court, #%3 Cal) <pp) 3d "4., #49
    Cal) +ptr) 7#4 (#d Dist) "9&&'= 6acharite v) District Court of 0ifth Budicial Dist), in and for Bannoc5
    County, 74 7daho ., #. ;)#d 7&7 ("9.3'= 9ertens v) 9c9ahon, 334 9o) "7., *)?)#d "#7, 93
    <)6)+) "#&. ("933') K #&) ;arties Cho may claim privilege ?est4s Gey NumAer Digest ?est4s Gey
    NumAer Digest, 0ederal Civil ;rocedure 54"., 4" ?est4s Gey NumAer Digest, ;rocess 5""9 /he
    rule of immunity of litigants from a foreign Eurisdiction from the service of process Chile attending
    court typically includes Aoth plaintiffs and defendants)L0N"M /here is authority, hoCever, to the effect
    that nonresident plaintiffs are not privileged from the service of process,L0N#M on the theory that a
    plaintiff Cho voluntarily see5s the aid and protection of courts of another state should not Ae shielded
    from the processes of those courts, a condition Chich should not apply to a defendant Chose
    attendance is compulsory)L0N3M 9oreover, some courts, Chile usually e1tending the e1emption to
    nonresident plaintiffs, hold that nonresident plaintiffs Cho voluntarily come Cithin the Eurisdiction of
    - 8-
    1
    2
    the courts of a state to attend the trial of litigation commenced Ay them against citiIens of that state
    are not e1empt from service of a summons in an action Ay defendants for relief connected Cith the
    suAEect of the litigation commenced Ay them, Chere a full and complete adEustment of the rights of
    the parties cannot Ae had in the first action, and Chere full relief Could Ae denied the citiIens of that
    state in courts of the state of the plaintiffs4 residence)L0N4M L0N"M *teCart v) +amsay, #4# :)*) "#&,
    37 *) Ct) 44, " 6) (d) "9# ("9"'= 9arloCe v) Baird, 3%" 0)#d "9 (th Cir) "9#'= 6yf2<lum, 7nc) v)
    C N 9 <luminum *upply Corp), #9 ?is) #d .93, "39 N)?)#d %" ("9'= *tate v) District Court of
    (ighth Budicial Dist) in and for Cascade County, 73 9ont) #., #3. ;) 7 ("9#.') L0N#M ?ilson
    *eCing 9ach) Co) v) ?ilson, ." Conn) .9., "&&4 ?6 "%.3 ("&&4'= 6ivengood v) Ball, "9" $G
    "%%&, 3 $5la) 93, "# ;) 7& ("9"') #B <m) Bur) #d ;rocess K #& L0N3M ?ilson *eCing 9ach) Co)
    v) ?ilson, ." Conn) .9., "&&4 ?6 "%.3 ("&&4') L0N4M +iIo v) Burruel, #3 <riI) "37, #%# ;) #34, "9
    <)6)+) &#3 ("9#"') Nonresident clients4 legal malpractice suit against their former attorney Cas
    directly connected to a suAse3uent case Arought Ay their attorney against third parties in that it
    stemmed from the underlying suit in Chich attorney initially represented these clients, and thus
    clients Cho Arought themselves Cithin the Eurisdiction of the state Chen they filed their original
    laCsuit Cere not immune from service of process, even though they Cere suApoenaed to give their
    depositions in the suAse3uent case as they Caited in the airport to return home folloCing their
    depositions in the legal malpractice suit) -ega v) Davila, 3" *)?)3d 37 (/e1) <pp) Corpus Christi
    #%%%') 77) <9(N<B767/> /$ *(+-7C( $0 ;+$C(** B) ;ersons 7mmune to *ervice of ;rocess #)
    ;ersons <ttending Court or @overnmental 8earings c) <ttorneys /opic *ummary Correlation /aAle
    +eferences K 3.) @enerally ?est4s Gey NumAer Digest ?est4s Gey NumAer Digest, 0ederal Civil
    ;rocedure 54"., 4" ?est4s Gey NumAer Digest, ;rocess 5""7, ""& <ttorneys at laC at times enEoy
    certain privileges and e1emptions not generally enEoyed Ay lay persons, Chen they are considered
    necessary for the due administration of Eustice and the protection of a client4s rights)L0N"M <t
    common laC, an attorney Cas e1empt from the service of civil process Chile attending court)L0N#M
    Currently, Chether an attorney at laC is e1empt from the service of process in a civil action Chile
    attending court may turn upon the attorney4s residence Cithin the state or county of suit) 7mmunity
    from the service of civil process has Aeen e1tended to a nonresident attorney Chile going to,
    remaining at, or returning from the place Chere the client4s Ausiness is transacted, upon the ground
    that the administration of Eustice demands such an e1emption,L0N3M even though resident attorneys
    have no such immunity)L0N4M *ome Eurisdictions ta5e the vieC that an attorney is privileged from the
    service of process Chile attending court in a professional capacity in a county other than the county
    of his or her residence,L0N.M Chile others hold that the attorney is not immune from service)L0NM
    L0N"M <m) Bur) #d, <ttorneys at 6aC K "9) L0N#M 6ong v) <nsell, #93 :)*) 7, .. *) Ct) #", 79 6)
    (d) #%& ("934'= 6amA v) *chmitt, #&. :)*) ###, .# *) Ct) 3"7, 7 6) (d) 7#% ("93#') #B <m) Bur) #d
    ;rocess K 3. L0N3M Durst v) /autges, ?ilder N 9cDonald, 44 0)#d .%7, 7" <)6)+) "394 (C)C)<) 7th
    Cir) "93%') L0N4M ?illiams v) 8atcher, 9. *)C) 49, 7& *)() ". ("9"3') L0N.M <da Dairy ;roducts Co)
    v) *uperior Court, *eminole County, #.& ;)#d 939 ($5la) "9.3' (holding that a duly licensed and
    practicing attorney of one county, Chile present in another county to represent the client, may not Ae
    served Cith summons of a suit against a corporation of Chich he is the president, in the second
    county') L0NM ;ar5er v) +eddic5, "9 /enn) 47#, #& *)?)#d 3.7, 4. <)6)+)#d "%9 ("9.4')
    /he case in Chich the /;$!(;$ in 3uestion Chere purportedly served Cas a case of a civil
    nature in +BC +C;"#2%7) *uch matters are handled in the civil division of the +BC4s 0iling $ffices)
    0urther, Coughlin is an Cas an attorney at all times in 3uestion) N*C/ case %&3& has temporarily
    suspended Coughlin4s laC license in Nevada, Aut a temporarily suspended attorney is still an attorney)
    0urther Coughlin4s laC license Aefore the :nited *tates ;atent and /rademar5 $ffice as a patent
    - 9-
    1
    2
    attorney is not suspended in any manner Chatsoever) <* such the immunity accorded attorneys
    (Aeyond that accorded to defendants!litigants' applies here as Cell)
    7n some Eurisdictions, service of process Cill Ae set aside on proper application Chere effected
    through misrepresentation or unfair advantage even though the nonresident is Cithin the Eurisdiction
    voluntarily) Buchanan v) ?ilson, #.4 0)#d &49, $hio $p) #d #9&, &% $hio 6) <As) "33 (th Cir)
    "9.&'= *unshine Gitchens, 7nc) v) <lanthus Corp), . 0)+)D) 4 (*)D) 0la) "974'= ;atino v) ;atino, #&3
    <)D) 3%, "#9 N)>)*)#d 333 ("st Dep4t "9.4') /he +BC has continually coordinated an effort Cith the
    *BN to preEudice Coughlin, Aeyond the Alatant violations of *hepp v *tate in +C+""2%334", the
    failure to respond to upCards of five different 9otions to Dis3ualify in +C+""2%334", +C+"#2
    %.3%, +C+"32%7#7., the violations of the mandatory stay under N+* "7&)4%., the +;D *argent
    *ifre admission on the propounded to late not to violate Brady audio of "#!.!"# detailing the
    complicity admitted to AetCeen the +;D and +BC as to the Crongful evictions!arrests!prosecutions of
    Coughlin during the "!"4!"# arrest in +C+"#2%.3% (see the ensuing Crongful eviction of 3!".!"#
    in +ev"#2374, then consider hoC impressive it Cas for Coughlin to file that 3!"9!"# $pposition to
    9otion for *ummary Budgment in N-B ""2%.%7& /aitano v @essin, then the ine3uity of N-B Budge
    Beesley4s testimony as to Coughlin4s appearance Aefore him on 3!".!"# Eust minutes after the ?ashoe
    Coutny *heriff4s $ffice violated (as it routinely does' Nevada laC re3uiring the ?C*$ post a #4 hour
    loc5out $rder on an evicted tenant4s door, then Cait #4 hours Aefore returning to effect the loc5out
    under N+* 4%)#.3 (and consider the ine3uity of +9C Budge @ardner ruling such matters immaterial
    to Coughlin4s criminal trespass conviction at his former home laC offiice case in +9C "" C+ #4%.
    (see N*C/ "9%" and #337 and the enormously negative collateral conse3uences of such, then
    compare the e1tent to Chich Budge @ardner freely alloCed +C< 8aIlett to AorroC from civil eviction
    laC and that civil eviction case to support his prosecution, Chilst denying Coughlin any mention
    thereof')
    /he 9ay Court, citied Ay the ;anel in /ruesdell for support of its ruling, held that a defendant
    may attac5 a domestic violence protective order in a later prosecution for a violation of the order if
    the order is void) 9ay at &.#2&.3) <n order is void if the issuing court does not folloC the procedures
    in place for the issuance of the order) *ee 6as -egas Novelty, 7nc) v) 0ernandeI, "% Nev) ""3, ""&2
    ""9 (l99%'(court did not state reasons for the inEunction Cithin the order and the order did not
    ade3uately descriAe the acts to Ae restrained') /hus, the . day e1 parte /;$ in this case is void
    Aecause the issuing court did not folloC the rules ofN+* 33)#7%, and N+* 33)#4%, 33)#.%) /he 9ay
    Court not only alloCed a defendant to attac5 an order that Cas void, it also alloCed a defendant to
    attac5 the order as folloCs: L?Me clarify that, in a proceeding for violation of a court order, the trial
    court4s gate25eeping role includes e1cluding orders that are void, orders that are inapplicaAle to the
    crime charged (i)e), the order either does not apply to the defendant or does not apply to the charged
    conduct', and orders that cannot Ae constitutionally applied to the charged conduct (e)g), orders that
    fail to give the restrained party fair Carning of the relevant prohiAited conduct') 9ay at &.4)
    0urther, the /;$ application Cas violative of the re3uirement that one4s employer file it on
    Aehalf of a specific employee (as 6aura ;eters filled it out originally in her oCn handCriting then
    used Chite out over her signature)))replacing it Cith ;at Ging4s, and regardless, the /;$!(;$ sought
    to protect them Aoth, and authority to so file such an application necessarily needed to Ae issued Ay a
    memAer of the *BN4s Board of Directors (or possiAly, even, ?atters and *C+ 99, the Nevada
    *upreme Court, as the *BN is merely an Darm of the CourtD, not merely upon ;at Ging, or even
    David Clar54s permission', Chom Could then need to file such application on Aehalf of such
    employees as Ging or ;eters or Chatever unnamed employee the +C;"#2%7 application purports to,
    - 10-
    1
    2
    in all its unattriAuted hearsay and vagueness, see5 protection for (NNDB ;anel Chair (cheverria4s
    staff, non2sensically, seems to Ae the party for Chom the *BN is see5ing protection, for Chich,
    clearly, its lac5s standing to apply for one on Aehalf of (cheverria, his staff, or anyone Cith the
    NNDB', Aeyond that the *BN4s /;$ application fails to comply Cith the statutory re3uirement that it
    specifically name Chich employees it see5s to protect and Chy, or provide an factual specifics as to
    Chy such an application is Eustified') 0urther, the *BN4s /;$ <pplication failed to contain a
    verification and or a sCorn Declaration as to any facts Chatsoever, much less of the level necessary to
    satisfy N+* 33)#.%) *imply put, nothing in any of the (1hiAits or the (1hiAit " D*ummaryD attached
    to the *BN4s /;$ is incorporated Ay reference into the & page /;$ <pplication4s verfication (neither
    the re3uired incorporating language is included, nor are the materials contained in the (1hiAit "
    placed on the statutorily, court mandated DContinuationD ;age, not to mention that the <pplication
    and (1hiAit " contain aAsolutely no attriAution as to Chom purportedly Crote the D*ummaryD in
    (1hiAit " to the /;$ <pplication (and curiously, especially Chere the employee for Chom the
    employer is purportedly see5ing the protection (apparently 6aura ;etersF' is precluded from applying
    for such protection on their oCn Aehalf, the D*ummaryD in (1hiAit " of the /;$ <pplication refers to
    ;at Ging in the third person, Chich is strange considering its is Gign signing the verification on page
    & of the /;$ <pplication and there is otherCise no attriAution for the Criter of the D*ummaryD
    included in (1hiAit " of the /;$ applciation (Chich consists almost of unattriAuted hearsay alluding
    to unnamed non *BN employees in vague, unsupported terms')
    II, (-.+MENT
    Bac5o v) *tate, 9&" ;)#d "%7. (<las5a Ct) <pp) "999'(finding that even if the court issued the
    order in error Aased on factual misrepresentatiom Ay the petitioner, the person served Cith the order
    must oAey it until it is reversee or vacated unless the court lac5ed suAEect matter over the person or
    the matter= hoCever, the court gave a limiting instructing at trial'=
    Coughlin has the right to challenge the issuance of the /;$ admitted during his trial) *tate v 4
    $rton, "37 $r) <pp) 339 ("99.'(defendant may attac5 a statute and protectiv(order that is facially
    vague'= $lson v) *tate, 77 ;)3d "., "9 (<las5a Ct) <pp) #%%3' (defendant may challenge the issuance
    of a protective order Chen the Eudg failed to folloC the statutory guidelines for notice'= *tate v) 9ott,
    " -t) "& "9"29# ("997'( alloCing a defendant to collateral attac5 an aAuse prevention order Aased
    on constitutional violations') 9oreover, if Coughlin is not alloCed to challenge the . day e1 parte
    ?or5place 8arassment /;$ under N+* 33)#7% or in his criminal case the the procedures set forth in
    N+* 3%)#7%(9' are unconstitutional and violate due process Aecause there are no methods Ay Chich
    Coughlin can challenge or test th validity of a . day e1 parte /;$ issued against him)
    But the validity of a protective order is an implicit element of a violation of a protective order)
    Com) v) *ilva, 43" 9ass) 4%", 4%324 (#%%%')
    /he +C< as5s this Court to Aelieve that Coughlin should have DcontactedD the *BN in the
    same manner in Chich it alleges Coughlin violated the /;$!(;$ in 3uestion her to pursue some N+*
    33)#7%(9' relief, as if that Could have Aeen considered acceptaAle under N+* 33)3% or not otherCise
    resulted in a prosecution of e1actly the same nature currently in place in 39"3 and 39"4) +ight)
    /hat is to say nothing of the complete lac5 of ade3uate time to so pursue such relief Dupon tCo days
    notice to the adverse partyD (to say nothing of the e1tremely circuscriAed period of time in Chich
    Coughlin Cas re3uired to address to Alatant *C+ "%.(#' violating allegations and DComplaintD Ay the
    *BN, carried out in a Dformal disciplinary panelD in an e1tremely rec5less and negligent manner Ay a
    ;anel that had a patent Aias even further revealed Ay its completely and utterly aAsconding from its
    duties to accord the proceeding the procedural protections re3uired)
    - 11-
    1
    2
    *ee N+* 33)#7%(9' (:pon # days4 notice to an employer Cho oAtained a temporary order for
    protection against harassment in the Cor5place Cithout notice or on such shorter notice to the
    employer as the court may prescriAe) the person Cho allegedly committed the harassment may appear
    and move the dissolution or modification of the temporary order for protection against harassment in
    the Cor5place)' 8oCever, rememAer, the /;$ in 3uestion purported to prohiAit Coughlin from
    DcontactingD the *BN Ay any means Chatsoever, including Ay simply mailing something to the SBN)
    -oid for vagueness and unconsituttionalyy void regardless, the +C<4s interpretation of the "#!#%!"#
    /;$ Could prohiAit Coughlin from even mailing a non2threatening pleading or other filing to the
    very DcourtD in Chich his formal disciplinary hearing Cas ongoing) /he *BN4s preposterous
    allegation that Coughlin had Dno Ausiness Cith the *BN anymoreD in reference to the hearing having
    ta5en place and the 0$0C$6 Aeing entered on "#!"4!"# is Aeyond ridiculous) 7ssues relate to post2
    hearing Ariefing (Chich the ;anel Chair e1pressly provided permission to Coughlin to file, especially
    Cith respect to the issue as to Chether Coughlin ever filed or otherCise suAmitted a Dverified ansCerD
    to the &!#3!"# Complaint therein', and to the sufficiency of the record on appeal in #337 (Chich had
    Aeen doc5eted as of "#!#4!"# and re3uired immediate interaction AetCeen Coughlin and the *BN and
    the Cler5 of Court thereof' Aetray a patent dishonesty on the *BN and its Cler5 of Court4s part)
    CONCL+SION
    Nevada case laC is clear) /he Court should issue the re3uested order in limine) +espectfully
    suAmitted this "#th day of Bune, #%"3 !s! Bohn Gadlic, Dan ?ong, Chief Criminal Deputy City
    <ttorney
    D(C6<+</7$N $0 D<N7(6 ?$N@
    ") 7 am the self representign defendant in this matter)
    #) (verything 7 assert in this and any of my filings in any of these matters is true to the Aest of
    my 5noCledge and Aased upon my oCn first hand 5noCledge, and 7 authenticate as true and correct
    copies thereof all attachments included as e1hiAits hereto)
    4) ;ursuant to N+* .3)%4., 7 declare under penalty of perEury that the foregoing is true and
    correct)D !s! Zach CoughlinD
    /he /ruesdell case cited Ay the +C< is inapplicaAle for a variety of reasons) $ne, /ruesdell
    spea5s only to attac5ing the DvalidityD of a /;$) Coughlin Aases his collateral attac5 on the void or
    voidaAle nature of the orders in 3uestion, not the validity of such orders)
    /here is a distinct difference, and the authority cited in the /ruesdell $pinion e1plicitly
    recogniIes such a difference (Chere it cites to City of *eattle v 9ay ' and Aases such $pinion solely
    on attac5s as to the DconstitutionaityD of the /;$ statute in 3uestion (cited to ChaveI' or attac5ing
    the underying factua #asis for the Order or in situations, unli5e the present, Chere a party
    actually had an opportunity to pursue a direct attack on the Order through, say N+* 33)#7%(#' (as
    +C< ?ong claims, despite, in /0 C- 01/0 there #eing no reasona#e amount of time to do so
    #efore the aeged /202/0 courier dei)ery of a fiing in N./3%4345, not to mention such date
    #eing the /4th 6udicia, and fina day, to fie a N-CP 71 motion as to the /32/52/3 8O8COL in
    N./3%4345)
    (/ruesdell cites to: D*tate v) @rindling, 9 8aCaiOi 4%#, 3" ;)3d 9"., 9"9 (8aC)#%%"'
    (concluding that the defendant coud not coateray attac" the underying factua #asis of a
    temporary restraining order in a later criminal proceeding for violating the order'= ?ood v) Com),
    "7& *)?)3d .%%, ."#P"3 (Gy)#%%.' (concluding that appellant could not collaterally attac5 the
    validity of an emergency protective order in a later proceeding for violating that order and this
    - 12-
    1
    2
    preclusion did not violate appellant4s due process rights #ecause a statute ao!ed appeant to
    directy chaenge the order'=
    *tate v) *mall, ".% N)8) 4.7, &43 <)#d 93#, 93. (N)8)#%%4' (Q O/he general underlying
    premise Lagainst collateral attac5sM is that a person suAEect to an inEunctive order, should be bound to
    pursue any objection to the order through the constituted judicial process available for that
    purpose)R Q (3uoting *tate v) @rondin, "3# N)8) "94, .3 <)#d 43. (N)8)"9&9'''=
    City of *eattle v) 9ay, "7" ?ash)#d &47, #. ;)3d """, ""3P4 (?ash) #%""' (concluding
    that the collateral Aar rule prohiAited a defendant from challenging the validity of permanent
    domestic violence order in a later prosecution for violation of that order, unless the defendant could
    show that the order was void')D
    /he /ruesdell <dv $pinion (the ;etition for +ehearing!(n Banc +econsderation has yet to
    even Ae disposed of and the <dv) $pinion did not e1ist as the time of the alleged violations in
    3uestion' reads, in relevant part:
    <s to collateral attac5 against Eudgments, see KK 73& to 7") 7) 7N @(N(+<6 C) 7ssues
    +elating /o -alidity $f Budgment #) Burisdiction of Court +endering Budgment /opic *ummary
    Correlation /aAle +eferences K #3) Court4s authority to render Eudgment ?est4s Gey NumAer Digest
    ?est4s Gey NumAer Digest, Budgment 5". < court may not render a Eudgment Chich transcends the
    limits of its authority)L0N"M < Eudgment may properly Ae rendered against a party only if the court
    has authority to adEudicate the type of controversy involved in the action)L0N#M < Eudgment is void if
    it is Aeyond the poCers granted to the court Ay the laC of its organiIation, even Chere the court has
    Eurisdiction over the parties and the suAEect matter)L0N3M /hus, a Eudgment may Ae void if the court,
    although having Eurisdiction over the parties and suAEect matter, entered a decree not Cithin the
    poCers granted to it Ay laC)L0N4M C:9:6</7-( *:;;6(9(N/ Cases: < Eudgment is void if the
    court rendering it lac5ed suAEect matter Eurisdiction or Eurisdiction over the parties) 0ireman4s 0und
    7ns) Co) v) ?or5ers4 Comp) <ppeals Bd), "&" Cal) <pp) 4th 7.#, "%4 Cal) +ptr) 3d 4" (3d Dist)
    #%"%') L(ND $0 *:;;6(9(N/M L0N"M +oyal 7ndem) Co) v) 9ayor, etc), of City of *avannah, #%9
    @a) 3&3, 73 *)()#d #%. ("9.#'= 8oCle v) /Cin *tates (1p), #37 N)C) 7, 7. *)()#d 73# ("9.3')
    L0N#M DuAai ;etroleum Co) v) GaIi, "# *)?)3d 7" (/e1) #%%%' (citing +estatement *econd,
    Budgments K ""') L0N3M ;eople v) ?ade, "" 7ll) #d ", "%7 7ll) Dec) 3, .% N)()#d 9.4 ("9&7'=
    8ough v) 8ough, "9&9 $G ., 77# ;)#d 9#% ($5la) "9&9'= *hopper <dvertiser, 7nc) v) ?isconsin
    Dept) of +evenue, ""7 ?is) #d ##3, 344 N)?)#d "". ("9&4') /he lac5 of statutory authority to ma5e
    particular order or a Eudgment is a5in to lac5 of suAEect2matter Eurisdiction and is suAEect to collateral
    attac5) Bennett (state v) /ravelers 7ns) Co), "4% -t) 339, 43& <)#d 3&% ("9&"' (overruled on other
    grounds Ay, Bevins v) Ging, "47 -t) 4., ."3 <)#d 4" ("9&'') <s to suAEect2matter Eurisdiction, see K
    #4) <s to Eurisdiction of the parties, see K #.) L0N4M :)*) v) 7ndoor Cultivation (3uipment from 8igh
    /ech 7ndoor @arden *upply, .. 0)3d "3"", 3" 0ed) +) *erv) 3d &3# (7th Cir) "99.')
    7) 7N @(N(+<6 C) 7ssues +elating /o -alidity $f Budgment ") 7n @eneral /opic *ummary
    Correlation /aAle +eferences K "&) -iolation of procedural rules or statute ?est4s Gey NumAer Digest
    ?est4s Gey NumAer Digest, Budgment 5#7 < Eudgment is irregular Chere its rendition is contrary to
    the course and practice of the courts,L0N"M that is, Chere proper rules of practice have not Aeen
    folloCed, or Chere some necessary act has Aeen omitted or has Aeen done in an improper manner)
    L0N#M < court4s failure to folloC proper procedure results in an act in e1cess of its Eurisdiction such
    that the Eudgment remains valid Aut voidaAle, and the parties may Ae precluded from setting it aside
    Ay Caiver or estoppel)L0N3M +ules relating to service of process are mandatory, and the failure to
    comply Cith such rules renders the Eudgment void, if a Eudgment is rendered against a party Cho Cas
    - 13-
    1
    2
    not served in accordance Cith those rules and Cho did not Caive service of citation or appear
    voluntar2ily)L0N4M /he Eudgment is void Aecause the trial court is Cithout Eurisdiction and is suAEect
    to direct or collateral attac5)L0N.M 0or e1ample, in Eurisdictions Chich prohiAit an interested person
    from ma5ing personal service on a party, personal service Ay a party renders any Eudgment or order
    arising from the proceeding void, despite the defendant4s actual notice)L0NM 8oCever, a claim of
    insufficiency of process, unsupported Ay facts and documentation, is not enough to upset a Eudgment)
    L0N7M < suAstantial defect in notice renders an original notice fatally defective, and any Eudgment
    Aased on it is void)L0N&M $n the other hand, a mere irregularity has no such effect on the original
    notice, and a Eudgment Aased on it is not void Aut may Ae voidaAle)L0N9M /he fact that a court acts in
    violation of a statute does not mean that the resulting Eudgment is void)L0N"%M ?here a statute
    authoriIes a court to do a particular thing, and the poCer of the court to act is suAEect to certain
    limitations named, then a Eudgment of the court rendered contrary to the limitations named is not void
    for Cant of Eurisdiction or suAEect to collateral attac5 Aut is voidaAle only)L0N""M 8oCever, Chere
    Eurisdiction is statutory and the legislature re3uires the court to e1ercise its Eurisdiction in a certain
    manner, an act of the court Aeyond these limits is in e1cess of its Eurisdiction, and Chere the court
    acts in e1cess of its authority, its Eudgment is void and may Ae attac5ed Chenever and Cherever it is
    asserted)L0N"#M C:9:6</7-( *:;;6(9(N/ Cases: < default decree rendered upon a defective
    suAstituted service of process is void for Cant of Eurisdiction) Beane v) Dailey, 7%" *)()#d &4& (?)
    -a) #%"%') L(ND $0 *:;;6(9(N/M L0N"M ;ruitt v) /aylor, #47 N)C) 3&%, "%% *)()#d &4" ("9.7')
    L0N#M *ache v) @illette (*tate +eport /itle: *ache v) ?allace', "%" 9inn) "9, ""# N)?) 3& ("9%7')
    L0N3M Neumann v) 9elgar, "#" Cal) <pp) 4th ".#, " Cal) +ptr) 3d 7.4 ("st Dist) #%%4') <s to
    voidaAle Eudgments, see K #&) <s to estoppel to set up the invalidity of a Eudgment, see K 3") L0N4M
    ?illiams v) Gilgore, "& *o) #d ." (9iss) "99#'= *5alec5i v) *mall, &3# *)?)#d 9.4 (9o) Ct) <pp)
    *)D) "99#'= *traCder v) /homas, &4 *)?)#d ." (/e1) <pp) Corpus Christi "99#'= 8armon /ruc5
    6ines, 7nc) v) *teele, &3 *)?)#d ## (/e1) <pp) /e1ar5ana "99#', Crit dismissed, ($ct) #&, "99#'=
    6indgren v) 6indgren, .& ?ash) <pp) .&&, 794 ;)#d .# (Div) " "99%') Directory rules of procedure
    are limited to Chat is re3uired to Ae done, and simply regulate the orderly manner in Chich the court
    e1ercises its Eurisdiction, Chereas mandatory rules prescriAe, in addition to specific re3uired actions,
    the result that Cill folloC if those re3uirements are not met, and failure to comply Cith a mandatory
    rule renders a Eudgment void) <utry v) <utry, &3% *)?)#d "4% (/e1) <pp) 8ouston "4th Dist) "99#')
    <s to void Eudgments, see K #9) L0N.M 6aCson v) (dmondson, 3%# <r5) 4, 7& *)?)#d &#3 ("99%'=
    6ongvieC 0iAre Co) v) *to5es, .# ?ash) <pp) #4", 7.& ;)#d "%% (Div) # "9&&'= Crotteau v) 7rvine,
    . ;)#d "" (?yo) "9&3') 7f service of the complaint Cas improper, the court did not have
    Eurisdiction over the persons of the defendants, and its Eudgment should have Aeen stric5en as void)
    Continental Ban5 v) +app, 33 ;a) *uper) "%, 4&. <)#d 4&% ("9&4') L0NM CaldCell v) Coppola, #"9
    Cal) <pp) 3d &.9, #& Cal) +ptr) 4.3 (4th Dist) "99%') L0N7M 0arm Credit Ban5 of *t) ;aul v)
    *tedman, 449 N)?)#d .# (N)D) "9&9') L0N&M City of $elCein v) Dvors5y, 3&% N)?)#d 739 (7oCa
    Ct) <pp) "9&.') L0N9M City of $elCein v) Dvors5y, 3&% N)?)#d 739 (7oCa Ct) <pp) "9&.') ?here
    service of all pleadings and papers suAse3uent to the original complaint must Ae made on the attorney
    unless service on the party is ordered Ay the court, service of a motion on a party rather than on a
    party4s attorney does not render a resulting Eudgment void= the Eudgment is suAEect to possiAle
    reversal Aased on the particular circumstances of the individual case) 9urat v) 0!- *heli5of *trait,
    793 ;)#d 9 (<las5a "99%') L0N"%M 9ontoya v) 8ousing <uthority of ;ortland, "9# $r) <pp) 4%&, &
    ;)3d &% (#%%4') L0N""M /hac5er v) 8ale, "4 9d) <pp) #%3, &% <)#d 7." (#%%#') L0N"#M BroCn v)
    BroCn, ". *)()#d 39 (N)C) Ct) <pp) #%%.', revieC denied, #%%. ?6 3%#.%9 (N)C) #%%.')
    - 14-
    1
    2
    K #") (ffect of status of record ?est4s Gey NumAer Digest ?est4s Gey NumAer Digest,
    Budgment 5#4 7n determining the validity of a Eudgment, resort may Ae had to the entire record,L0N"M
    including the pleadings filed in the action)L0N#M < decision is facially void if an inspection of its
    record proper shoCs that one or more of the re3uisite Eurisdictional elementsL0N3M appears to have
    Aeen aAsent)L0N4M 8oCever, an invalid Eudgment is not void in a legal sense unless its invalidity
    appears on the face of the record)L0N.M 7f evidence aliunde is re3uired for impeachment, the
    Eudgment is not void Aut voidaAle)L0NM $n the other hand, the general principle is that Chere a court
    has Eurisdiction over the person and the suAEect matter and the Eudgment rendered is not in e1cess of
    the Eurisdiction or poCer of the court, no error or irregularity can ma5e the Eudgment void= it prevails
    even if there is a fundamental error of laC appearing upon the face of the record)L0N7M L0N"M
    9ueller v) Ban5s, 33# *)?)#d 7&3 (/e1) Civ) <pp) *an <ntonio "9%') <s to the presumption of
    Eurisdiction, validity, and regularity as affected Ay the status of the record, see KK 37 to 4%) L0N#M
    Bac5son v) *laughter, "&. *)?)#d 7.9 (/e1) Civ) <pp) /e1ar5ana "944', Crit refused C)o)m) L0N3M K
    ##) L0N4M 9essenger v) 9essenger, "99# $G #7, &#7 ;)#d &. ($5la) "99#') L0N.M 8unter v)
    *uperior Court of +iverside County, 3 Cal) <pp) #d "%%, 97 ;)#d 49# (4th Dist) "939'= 8oCard v)
    Boyce, #.4 N)C) #.., ""& *)()#d &97 ("9"'= *tate e1 rel) Com4rs of 6and $ffice v) Geller, "9.3 $G
    37", #4 ;)#d 74# ($5la) "9.3') L0NM *haver v) *haver, #4& N)C) ""3, "%# *)()#d 79" ("9.&') <s to
    voidaAle Eudgments, see K #&) <s to void Eudgments, see K #9) L0N7M 9ahaffa v) 9ahaffa, #3% 7oCa
    79, #9& N)?) 9" ("94"'= /odd v) /odd, "97 9iss) &"9, #% *o) #d &#7 ("94.'= *tate v) District Court
    of (ighth Budicial Dist) in and for Natrona County, 33 ?yo) #&", #3& ;) .4. ("9#.') <s to Eurisdiction
    of the court rendering Eudgment, generally, see KK ## to #7)
    /ruesdell itself alloCs for attac5ing the validity of a /;$ in a collateral manner Chere one
    had legitimate opportunity to challenge that protection order4s validity directly Aefore the court from
    Chich it issued) /o Ae clear, Coughlin is in no Cay indicating that even should the alleged acts
    involved in those matters Ae proven, that they Could Ae tantamount to a violation of either order, on
    that Coughlin should not Ae forced to even mount such a defense given the permissiAility of the
    collateral attac5 Coughlin mounted in his .!"!"3, .!#!"3, .!9!"3, and .!"3!"3 9otions in 39"3 and
    39"4')
    <s such, especially in +9C "3 C+ 39"3 (though arguaAly in "3 C+ 39"4 as Cell)))Coughlin
    should Ae permitted to so mount a collateral attac5 upon such /;$ as to its validity, Aut even should
    /ruesdell Ae applied there, such Could only preclude attac5ing the DvalidityD of the order, not, per the
    very City of *eattle v 9ay case relied upon in /ruesdell, prevent Coughlin from ma5ing a collateral
    attac5 Aased upon the void or voidaAle nature of such orders)
    -777) Conclusiveness= 9erger, +es Budicata, and Collateral <ttac5 <) Conclusiveness, 7n @eneral
    /opic *ummary Correlation /aAle +eferences K 447) 7nvalid or irregular Eudgments ?est4s Gey
    NumAer Digest ?est4s Gey NumAer Digest, Budgment 5%, %). 7t is a fundamental principle of the
    laC of former adEudication that only valid and final Eudgments are afforded preclusive effect) $ne of
    the prere3uisites for a valid Eudgment is that the rendering court have Eurisdiction of the suAEect
    matter of the action,L0N"M and the parties to the action,L0N#M and a party is not Aound in a suAse3uent
    action Ay a Eudgment entered against it in a previous action if the party Cas never served and made no
    appearance in the previous action)L0N3M 7n order that a Eudgment may operate as a conclusive
    determination of a cause of action, or of facts litigated therein, it is generally necessary that it should
    have Aeen rendered Ay a court of competent Eurisdiction of the parties and of the suAEect matter,L0N4M
    although it is possiAle that a court Cithout Eurisdiction may render a Ainding Eudgment on the merits if
    - 15-
    1
    2
    the Eudgment is alloCed to Aecome final, unless the lac5 of Eurisdiction is so gross that the Eudgment
    is deemed void)L0N.M < reaffirmation agreement unaccompanied Ay a court order is not a final
    Eudgment on the merits and cannot Ae given preclusive effect)L0NM L0N"M 7n re /aylor, &&4 0)#d 47&
    (9th Cir) "9&9'= BacoAs v) DuEmovic, 7.# 0) *upp) "." (D) Colo) "99%', Eudgment aff4d, 94% 0)#d
    "39# ("%th Cir) "99"') L0N#M Bensen v) *chCartI, 9% N)?)#d 7" (N)D) "9.&') L0N3M @eorgia v)
    *outh Carolina, 497 :)*) 37, ""% *) Ct) #9%3, """ 6) (d) #d 3%9, .& :)*)6)?) 494, 7% :)*)6)?)
    3%39, "99% ?6 &4%# ("99%') L0N4M K ."3) L0N.M Disher v) 7nformation +esources, 7nc), &73 0)#d
    "3 (7th Cir) "9&9') L0NM +ein v) ;rovidian 0inancial Corp), #7% 0)3d &9. (9th Cir) #%%"') <9B:+
    B:D@9(N/* K 447
    7) 7N @(N(+<6 C) 7ssues +elating /o -alidity $f Budgment #) Burisdiction of Court +endering
    Budgment /opic *ummary Correlation /aAle +eferences K ##) @enerally ?est4s Gey NumAer Digest
    ?est4s Gey NumAer Digest, Budgment 5"., ", #4 <)6)+) 6iArary ?ho has Aurden of proof in
    proceeding under +ule %(A'(4' of 0ederal +ules of Civil ;rocedure to have default Eudgment set
    aside on ground that it is void for lac5 of Eurisdiction, "%# <)6)+) 0ed) &"" 6ac5 of Eurisdiction, or
    Eurisdictional error, as rendering federal district court Eudgment DvoidD for purposes of relief under
    +ule %(A'(4' of 0ederal +ules of Civil ;rocedure, .9 <)6)+) 0ed) &3" 0orms <nsCerSDefenseS
    -oid EudgmentS(1cess of Eurisdiction of court, <m) Bur) ;leading and ;ractice 0orms, Budgments K
    4&% <nsCerSDefenseSBudgment oAtained Ay e1trinsic fraud, <m) Bur) ;leading and ;ractice 0orms,
    Budgments K 4&" <nsCerSDefenseSBudgment oAtained Ay e1trinsic fraudS+epresentation that
    action Could Ae dismissed, <m) Bur) ;leading and ;ractice 0orms, Budgments K 4&# ?hether the
    court is one of general or limited Eurisdiction, it is essential to the proper rendition of a Eudgment that
    it Ae given Ay a court of competent Eurisdiction)L0N"M Burisdiction refers Aoth to the poCer of a court
    to render a valid final Eudgment, and to the propriety of granting the relief sought, and it is only Chen
    a court lac5s fundamental Eurisdiction to render Eudgment that there is an aAsence of authority in the
    court so as to render its Eudgment a nullity)L0N#M 7n order for a Eudgment to Ae valid and enforceaAle,
    the court Chich renders it must have Eurisdiction of the parties, as Cell as Eurisdiction of the suAEect
    matter)L0N3M < Eudgment rendered Cithout Eurisdiction may Ae attac5ed and vacated at any time,
    either directly or collaterally)L0N4M < total lac5 of Eurisdiction must Ae distinguished from an error in
    the e1ercise of Eurisdiction, and an error in interpreting a statutory grant of Eurisdiction is not
    e3uivalent to acting Cith a total lac5 of Eurisdiction and does not render the Eudgment a complete
    nullity)L0N.M /hus, a Eudgment that incorrectly interprets a rule of laC does not divest the court of
    Eurisdiction over the suAEect matter or over the parties)L0NM ?hen a suit is dismissed for lac5 of
    Eurisdiction, rulings on the merits rendered prior to the dismissal are nullities, void aA initio)L0N7M
    C:9:6</7-( *:;;6(9(N/ Cases: 0or a court to ac3uire Eurisdiction there must Ae a proper
    service of summons or an entry of appearance, and a Eudgment rendered Cithout proper service or
    entry of appearance is a nullity and void) *tate e1 rel) (state of 9iles v) -illage of ;i5eton, "#" $hio
    *t) 3d #3", #%%92$hio27&, 9%3 N)()#d 3"" (#%%9') L(ND $0 *:;;6(9(N/M L0N"M C)8)<)
    -enture v) @)C) ?allace Consulting (ngineers, 7nc), "% Nev) 3&", 794 ;)#d 7%7 ("99%'= *ecurity Nat)
    Ban5 of *apulpa v) 8ufford, "9&7 $G C7- <;; 9#, 7.4 ;)#d ." (Ct) <pp) "9&7'= @arritty v) -irginia
    Dept) of *ocial *ervices e1 rel) *inift, "" -a) <pp) 39, 39 *)()#d ".% ("99%') <s to rendition of
    Eudgments, see KK .. to #) L0N#M Dorsey v) *tate, #9. 9d) #"7, 4.4 <)#d 3.3 ("9&3') L0N3M @iese
    v) @iese, #%%4 ND .&, 7 N)?)#d 794 (N)D) #%%4') L0N4M 7n re 9arriage of -erdung, "# 7ll) #d
    .4#, "#9 7ll) Dec) .3, .3. N)()#d &"& ("9&9'= *tate Ban5 of 6a5e Zurich v) /hill, ""3 7ll) #d #94, "%%
    7ll) Dec) 794, 497 N)()#d "". ("9&'= 9atter of GemnitI4 (state, 9. N)9) ."3, #3 ;)#d "%#7 (Ct)
    <pp) "9&"') < Eudgment is void and, therefore, suAEect to relief under 0ed) +) Civ) ;) %(A'(4' only if
    - 16-
    1
    2
    the court lac5ed Eurisdiction or if the court4s action amounted to a plain usurpation of poCer
    constituting a violation of due process) 8oult v) 8oult, .7 0)3d ", 4" 0ed) +) (vid) *erv) 7&3, 3# 0ed)
    +) *erv) 3d #&" ("st Cir) "99.') L0N.M Bones v) @iles, 74" 0)#d #4. (9th Cir) "9&4'= BoCie v) <rder,
    44" 9ich) #3, 49% N)?)#d .& ("99#'= 8ermens v) -eal, ""7 $r) <pp) 3", &43 ;)#d "%"3 ("99#') <s
    to the fact that erroneous Eudgments that are merely voidaAle may not Ae collaterally attac5ed, see K
    #&) <s to void Eudgments, see K #9) L0NM @ordon v) @ordon, ""& 7daho &%4, &%% ;)#d "%"& ("99%'=
    0irst Nat) Ban5 of CrosAy v) BEorgen, 3&9 N)?)#d 7&9 (N)D) "9&') 7f the court had suAEect2matter
    Eurisdiction, then the Eudgment, although erroneous, is merely voidaAle) Callahan v) (mployment
    Div), 97 $r) <pp) #34, 77 ;)#d #" ("9&9') L0N7M 8arris v) 7llinois2California (1p), 7nc), &7 0)#d
    "3", "" 0ed) +) (vid) *erv) "#%7, 34 0ed) +) *erv) #d "47 ("%th Cir) "9&#'= BoCie v) <rder, 44"
    9ich) #3, 49% N)?)#d .& ("99#'= *chumacher v) *chumacher, "%9 N)C) <pp) 3%9, 4# *)()#d 47
    ("993'= @arritty v) -irginia Dept) of *ocial *ervices e1 rel) *inift, "" -a) <pp) 39, 39 *)()#d ".%
    ("99%') T #%"# /homson +euters) 33234B T #%"# /homson +euters!+7<) No Claim to $rig) :)*)
    @ovt) ?or5s) <ll rights reserved) <9B:+ B:D@9(N/* K ## (ND $0 D$C:9(N/ <merican
    Burisprudence, *econd (dition DataAase updated <ugust #%"# Budgments Christina (:ranIa' Crimi,
    B)D)= 6aura 8unter DietI, B)D)= /racy 0arrell, B)D)= <lan B) BacoAs, B)D)= +achel Gane, B)D)= ?illiam
    6indsley, B)D)= Beff B) *hampo, B)D)= (ric *urette, B)D)= and *uIanne 6) Bailey, B)D), /homas B)
    CIelusta, B)D), and Bohn +) Gennel, B)D) of the National 6egal +esearch @roup, 7nc) 7) 7N @(N(+<6
    C) 7ssues +elating /o -alidity $f Budgment #) Burisdiction of Court +endering Budgment /opic
    *ummary Correlation /aAle +eferences K #3) Court4s authority to render Eudgment ?est4s Gey
    NumAer Digest ?est4s Gey NumAer Digest, Budgment 5". < court may not render a Eudgment Chich
    transcends the limits of its authority)L0N"M < Eudgment may properly Ae rendered against a party only
    if the court has authority to adEudicate the type of controversy involved in the action)L0N#M <
    Eudgment is void if it is Aeyond the poCers granted to the court Ay the laC of its organiIation, even
    Chere the court has Eurisdiction over the parties and the suAEect matter)L0N3M /hus, a Eudgment may
    Ae void if the court, although having Eurisdiction over the parties and suAEect matter, entered a decree
    not Cithin the poCers granted to it Ay laC)L0N4M C:9:6</7-( *:;;6(9(N/ Cases: < Eudgment
    is void if the court rendering it lac5ed suAEect matter Eurisdiction or Eurisdiction over the parties)
    0ireman4s 0und 7ns) Co) v) ?or5ers4 Comp) <ppeals Bd), "&" Cal) <pp) 4th 7.#, "%4 Cal) +ptr) 3d
    4" (3d Dist) #%"%') L(ND $0 *:;;6(9(N/M L0N"M +oyal 7ndem) Co) v) 9ayor, etc), of City of
    *avannah, #%9 @a) 3&3, 73 *)()#d #%. ("9.#'= 8oCle v) /Cin *tates (1p), #37 N)C) 7, 7. *)()#d
    73# ("9.3') L0N#M DuAai ;etroleum Co) v) GaIi, "# *)?)3d 7" (/e1) #%%%' (citing +estatement
    *econd, Budgments K ""') L0N3M ;eople v) ?ade, "" 7ll) #d ", "%7 7ll) Dec) 3, .% N)()#d 9.4
    ("9&7'= 8ough v) 8ough, "9&9 $G ., 77# ;)#d 9#% ($5la) "9&9'= *hopper <dvertiser, 7nc) v)
    ?isconsin Dept) of +evenue, ""7 ?is) #d ##3, 344 N)?)#d "". ("9&4') /he lac5 of statutory
    authority to ma5e particular order or a Eudgment is a5in to lac5 of suAEect2matter Eurisdiction and is
    suAEect to collateral attac5) Bennett (state v) /ravelers 7ns) Co), "4% -t) 339, 43& <)#d 3&% ("9&"'
    (overruled on other grounds Ay, Bevins v) Ging, "47 -t) 4., ."3 <)#d 4" ("9&'') <s to suAEect2
    matter Eurisdiction, see K #4) <s to Eurisdiction of the parties, see K #.) L0N4M :)*) v) 7ndoor
    Cultivation (3uipment from 8igh /ech 7ndoor @arden *upply, .. 0)3d "3"", 3" 0ed) +) *erv) 3d &3#
    (7th Cir) "99.') T #%"# /homson +euters) 33234B T #%"# /homson +euters!+7<) No Claim to $rig)
    :)*) @ovt) ?or5s) <ll rights reserved) <9B:+ B:D@9(N/* K #3 (ND $0 D$C:9(N/
    <merican Burisprudence, *econd (dition DataAase updated <ugust #%"# Budgments Christina
    (:ranIa' Crimi, B)D)= 6aura 8unter DietI, B)D)= /racy 0arrell, B)D)= <lan B) BacoAs, B)D)= +achel Gane,
    B)D)= ?illiam 6indsley, B)D)= Beff B) *hampo, B)D)= (ric *urette, B)D)= and *uIanne 6) Bailey, B)D),
    /homas B) CIelusta, B)D), and Bohn +) Gennel, B)D) of the National 6egal +esearch @roup, 7nc) 7) 7N
    - 17-
    1
    2
    @(N(+<6 C) 7ssues +elating /o -alidity $f Budgment #) Burisdiction of Court +endering Budgment
    /opic *ummary Correlation /aAle +eferences K #4) *uAEect2matter Eurisdiction ?est4s Gey NumAer
    Digest ?est4s Gey NumAer Digest, Budgment 5" < Eudgment rendered Ay a court Chich has no
    Eurisdiction over the suAEect matter of the action or proceeding is void)L0N"M *uch a Eudgment may Ae
    attac5ed in any direct or collateral proceeding Chere a person see5s to assert a right arising from the
    Eudgment, and at any time Chen the Eudgment is to Ae enforced or its validity is 3uestioned)L0N#M
    (ither party, even the party that invo5ed the Eurisdiction of the court, can attac5 the Eurisdiction at any
    time after Eudgment is rendered)L0N3M L0N"M 7n re ?ater +ights of ColumAine <ss4n, 993 ;)#d 4&3
    (Colo) #%%%'= Bolling v) D4<mato, #.9 -a) #99, .# *)()#d #.7 (#%%%'= *tate e1 rel) +)@) v) ?)9)B),
    ".9 ?is) #d #, 4. N)?)#d ##" (Ct) <pp) "99%') < Eudgment is void Chen the district court lac5ed
    personal or suAEect2matter Eurisdiction or acted in a manner inconsistent Cith due process) Crist v)
    8unan ;alace, 7nc), #77 Gan) 7%, &9 ;)3d .73 (#%%4') <s to personal Eurisdiction over the parties, see
    K #.) <s to void Eudgments, see K #9) L0N#M Blume v) :)*) <cting /hrough 0armers 8ome <dmin),
    4% B)+) .." (D)*)D) "9&4'= (ditorial ;hotocolor <rchives, 7nc) v) @ranger Collection, " N)>)#d ."7,
    474 N)>)*)#d 94, 43 N)()#d 3. ("9&4'= -an Der *tappen v) -an Der *tappen, &". ;)#d "33.
    (:tah Ct) <pp) "99"') /he Aasis for alloCing a challenge to suAEect2matter Eurisdiction to Ae raised for
    the first time on appeal is to Ae found in the doctrine that the Eudgments of a court acting outside of
    the limits of the constitutional and statutory provisions defining its suAEectmatter Eurisdiction are
    void) ;aine, ?eAAer, Bac5son N Curtis, 7nc) v) <dams, 7"& ;)#d .%& (Colo) "9&') L0N3M Capehart2
    Creager (nterprises, 7nc) v) $48ara and Gendall
    <viation, 7nc), .43 0) *upp) #.9 (?)D) <r5) "9&#') T #%"# /homson +euters) 33234B T #%"#
    /homson +euters!+7<) No Claim to $rig) :)*) @ovt) ?or5s) <ll rights reserved) <9B:+
    B:D@9(N/* K #4 (ND $0 D$C:9(N/ <merican Burisprudence, *econd (dition DataAase
    updated <ugust #%"# Budgments Christina (:ranIa' Crimi, B)D)= 6aura 8unter DietI, B)D)= /racy
    0arrell, B)D)= <lan B) BacoAs, B)D)= +achel Gane, B)D)= ?illiam 6indsley, B)D)= Beff B) *hampo, B)D)=
    (ric *urette, B)D)= and *uIanne 6) Bailey, B)D), /homas B) CIelusta, B)D), and Bohn +) Gennel, B)D) of
    the National 6egal +esearch @roup, 7nc) 7) 7N @(N(+<6 C) 7ssues +elating /o -alidity $f
    Budgment #) Burisdiction of Court +endering Budgment /opic *ummary Correlation /aAle +eferences
    K #.) Burisdiction of the parties ?est4s Gey NumAer Digest ?est4s Gey NumAer Digest, Budgment 5"
    0orms BudgmentS+ecitalsSBurisdictional factsS7n personam actionSDefault Ay defendant, <m)
    Bur) ;leading and ;ractice 0orms, Budgments K & Budgment Ay defaultS<fter service Ay puAlication,
    <m) Bur) ;leading and ;ractice 0orms, Budgments K #%" <nsCerSDefenseS7nvalid EudgmentS
    0ailure to oAtain Eurisdiction over nonresident defendant, <m) Bur) ;leading and ;ractice 0orms,
    Budgments KK 47&, 479 /o enter a valid Eudgment, a court must not only have Eurisdiction of the
    suAEect matter, Aut also of the persons of the parties to give validity to its final Eudgment)L0N"M /hus,
    only a court having Eurisdiction over the person of the defendant may enter a valid Eudgment
    imposing a personal oAligation or duty in favor of the plaintiff)L0N#M 7n the aAsence of Eurisdiction
    over the person of the defendant, any Eudgment or order the court might enter against the defendant is
    void)L0N3M ;ersonal Eurisdiction is invo5ed Ay the party4s appearance Aefore the court, or Ay the
    laCful service of process upon the party)L0N4M /he e1istence of personal Eurisdiction depends upon
    the presence of reasonaAle notice to the defendant that an action has Aeen Arought, and a sufficient
    connection AetCeen the defendant and the forum state as to ma5e it fair to re3uire the defendant to
    defend in that forum)L0N.M C:9:6</7-( *:;;6(9(N/ Cases: < default Eudgment entered
    Cithout personal Eurisdiction is void) 9orris v) ;alouse +iver and Coulee City +)+), 7nc), "49 ?ash)
    <pp) 3, #%3 ;)3d "%9 (Div) 3 #%%9') L(ND $0 *:;;6(9(N/M L0N"M 6e1ington 7ns) Co) v)
    Buc5ley, #%%. ?6 #"4"&%4 (9iss) Ct) <pp) #%%.') <s to suAEect2matter Eurisdiction, see K #4) L0N#M
    - 18-
    1
    2
    0reedom 0orge Corp) v) Bersey 0orging ?or5s, 7nc), .49 0) *upp) 99 (9)D) ;a) "9&#'= 7n re 9arriage
    of NosAisch, . Cal) <pp) 4th #9, Cal) +ptr) #d &"7 (.th Dist) "99#'= <nsalve v) /uc5er, "7 *o) #d
    "" (6a) Ct) <pp) 4th Cir) "993') D7n personam EurisdictionD is the poCer to deal Cith the person of
    the defendant and to render a Ainding Eudgment against the defendant) Conoco, 7nc) v) <grico
    Chemical Co), #%%4 $G &3, "". ;)3d &#9 ($5la) #%%4', as corrected, (Nov) "7, #%%4') L0N3M (1 parte
    C)6)C), &97 *o) #d #34 (<la) #%%4'= ?atervieC +esolution Corp) v) <llen, #74 Gan) "%", .& ;)3d
    "#&4 (#%%#') 0or a Eudgment to Ae void, the alleged infirmity must render the court Cithout
    Eurisdiction to enter the Eudgment or the record must estaAlish that the Eudgment Cas entered in a
    manner that Cas inconsistent Cith due process) B)6)9) v) +)6)C), Br), "3# *)?)3d #79 (9o) Ct) <pp)
    ?)D) #%%4') <ny money Eudgment rendered Cithout personal Eurisdiction over the defendant is void)
    @lumina Ban5 d)d) v) D)C) Diamond Corp), #.9 -a) 3"#, .#7 *)()#d 77. (#%%%') 7f the record does
    not reflect that personal service has Aeen made on the defendant, the court lac5s in personam
    Eurisdiction over the defendant and any default Eudgment rendered thereon is void and suAEect to
    vacation) ?ashington 9ut) Ban5 0< v) 0arhat (nterprises, 7nc), #%%3 $G C7- <;; 7&, 77 ;)3d ""%3
    (Div) " #%%3') <s to void Eudgments, see K #9) L0N4M Bird v) Gornman, ".# *)?)3d ".4 (/e1) <pp)
    Dallas #%%4', reh4g overruled, (Ban) "#, #%%.' and revieC denied, (Bune "%, #%%.') ?ithout personal
    service, in personam Eurisdiction does not attach) *outheastern *ec) 7ns) Co) v) 6oCe, #4# @a) <pp)
    .3., .3% *)()#d #3" (#%%%') L0N.M *terling 7ndus) Corp) v) /elephone, 7nc), 4&4 0) *upp) "#94 (?)D)
    9ich) "9&%') <s to the re3uirement of notice, see K ".)
    D7) 7N @(N(+<6 C) 7ssues +elating /o -alidity $f Budgment 3) (ffect of 7nvalidity /opic
    *ummary Correlation /aAle +eferences K #&) -oidaAle Eudgments= erroneous Eudgments ?est4s Gey
    NumAer Digest ?est4s Gey NumAer Digest, Budgment 5., "., " < voidaAle Eudgment is a Eudgment
    entered erroneously Ay a court having Eurisdiction)L0N"M /he term voidaAle denotes an action in
    Chich a Eudgment nonetheless operates to accomplish the results sought to Ae accomplished until the
    flaC is Eudicially ascertained and declared)L0N#M /hus, a Eudgment Chich is voidaAle is capaAle of
    confirmation or ratification,L0N3M and until superseded, reversed, or vacated, it is Ainding and
    enforceaAle)L0N4M (rroneous Eudgments Chich have Aeen issued Ay a court Cith Eurisdiction are
    suAEect to reversal on timely direct appeal)L0N.M /he fact that an action Ay a court is contrary to a
    statute, constitutional provision, or rule of civil or appellate procedure ma5es it voidaAle or
    erroneous, rather than void, and thus suAEect to ordinary appellate or other direct procedures to
    correct it)L0NM 8oCever, Chile an error of laC in the proceedings may furnish grounds for an
    appeal, it does not invalidate the Eudgment)L0N7M C:9:6</7-( *:;;6(9(N/ Cases: < court4s
    action contrary to a statute or statutory e3uivalent means the action is erroneous or voidaAle, not that
    it is void) 7n re $cegueda, 3%4 *)?)3d .7 (/e1) <pp) (l ;aso #%"%', petition for revieC filed, (0eA)
    #4, #%"%') L(ND $0 *:;;6(9(N/M L0N"M BusIcIy5 v) 0lores, 334 7ll) <pp) 3d "##, #7 7ll) Dec)
    .", 777 N)()#d 4.4 ("st Dist) #%%#', appeal denied, #%# 7ll) #d 7#, #7# 7ll) Dec) 3.&, 7&7 N)()#d
    "73 (#%%3') (rrors other than lac5 of Eurisdiction render the Eudgment merely voidaAle rather than
    void) 7n re *)<);), "9 *)?)3d &. (/e1) <pp) ?aco #%%.') <s to void Eudgments, see K #9) L0N#M
    6ucas v) (state of *tavos, %9 N)()#d """4 (7nd) Ct) <pp) "st Dist) "993') < voidaAle Eudgment is not
    a nullity Aut rather has all the ordinary attriAutes and conse3uences of a valid Eudgment) $pat v)
    6ude5ing, N)?)#d .97 (7oCa #%%3') L0N3M 6ucas v) (state of *tavos, %9 N)()#d """4 (7nd) Ct)
    <pp) "st Dist) "993') L0N4M 0arms v) CarlsAad +iverside /errace <partments, 7nc), "%# N)9) .%, 9%
    ;)#d "%44 (Ct) <pp) "9&4'= Com) v) 9ac5ley, 3&% ;a) 7%, ""% <)#d "7# ("9..') L0N.M 9ishler v)
    County of (l5hart, .44 N)()#d "49 (7nd) "9&9') L0NM 7n re C)<)*), "#& *)?)3d &" (/e1) <pp)
    Dallas #%%3', reh4g overruled, (Buly "4, #%%3') L0N7M 9atter of (state of 8ansen, 4.& N)?)#d #4
    (N)D) "99%') < Eudgment incorrectly interpreting a rule of laC does not divest the court of Eurisdiction
    - 19-
    1
    2
    over the suAEect matter of the proceeding, and Chere the court has Eurisdiction over the class of case
    involved, the Eudgment is not void on the ground that the right involved in the suit did not emArace
    the relief granted) 9atter of (state of 9c6aughlin, 7.4 ;)#d 79 (:tah Ct) <pp) "9&&') T #%"#
    /homson +euters) 33234B T #%"# /homson +euters!+7<) No Claim to $rig) :)*) @ovt) ?or5s) <ll
    rights reserved) <9B:+ B:D@9(N/* K #& (ND $0 D$C:9(N/ <merican Burisprudence,
    *econd (dition DataAase updated <ugust #%"# Budgments Christina (:ranIa' Crimi, B)D)= 6aura
    8unter DietI, B)D)= /racy 0arrell, B)D)= <lan B) BacoAs, B)D)= +achel Gane, B)D)= ?illiam 6indsley,
    B)D)= Beff B) *hampo, B)D)= (ric *urette, B)D)= and *uIanne 6) Bailey, B)D), /homas B) CIelusta, B)D),
    and Bohn +) Gennel, B)D) of the National 6egal +esearch @roup, 7nc) 7) 7N @(N(+<6 C) 7ssues
    +elating /o -alidity $f Budgment 3) (ffect of 7nvalidity /opic *ummary Correlation /aAle
    +eferences K #9) -oid Eudgments ?est4s Gey NumAer Digest ?est4s Gey NumAer Digest, Budgment
    5., "., " < Eudgment is void Chere it appears that the trial court did not have suAEect2matter
    Eurisdiction, Eurisdiction over the parties, capacity to act as a court, or Eurisdiction to render the
    particular Eudgment at issue)L0N"M /hus, a Eudgment entered Cithout Eurisdiction is void)L0N#M <
    Eudgment can Ae void not only for lac5 of Eurisdiction, Aut also Chere the court acts in a manner
    contrary to due process)L0N3M < Eudgment issued Ay a trial court Cithout Eurisdiction is a nullity)
    L0N4M ?ithout Eurisdiction, there is no authority to give Eudgment and a Eudgment so entered is
    Cithout force or effect)L0N.M 9oreover, all proceedings founded on the void Eudgment are
    themselves regarded as invalid)L0NM < Eudgment is not void simply Aecause it is erroneous)L0N7M <
    void Eudgment must Ae distinguished from one Chich is merely erroneous,L0N&M as Chere there is an
    error in the e1ercise of Eurisdiction)L0N9M < Eudgment Aased on an erroneous order determining
    Eurisdiction is not void, Aut rather voidaAle)L0N"%M 7t is not necessary to ta5e any steps to have a void
    Eudgment reversed or vacated)L0N""M *uch a Eudgment is open to attac5 or impeachment in any
    proceeding,L0N"#M directL0N"3M or collateral,L0N"4M and at any time)L0N".M :nder the 0ederal
    +ules of Civil ;rocedure, the court may relieve a party or its legal representative from a final
    Eudgment, order or proceeding, on motion and upon such terms as are Eust Chere the Eudgment is
    void)L0N"M C:9:6</7-( *:;;6(9(N/ Cases: < person Cho Cas never served Cith the
    summons and complaint, and is ignorant of the proceedings, resulting in a Eudgment that is void aA
    initio for lac5 of personal Eurisdiction, is not a DEudgment deAtorD under the (nforcement of
    Budgments 6aC ((B6' Aecause there is no enforceaAle Eudgment) ?est4s <nn)Cal)C)C);) K 7%")&%)
    6ang v) +oche, #%" Cal) <pp) 4th #.4, "33 Cal) +ptr) 3d 7. (#d Dist) #%""') 6ac5 of venue does not
    deprive a court of Eurisdiction to hear a case, and Eudgments in such cases are considered voidaAle
    rather than void) BaIe v) Com), #%%& ?6 .%47#4 (Gy) #%%&') < Eudgment is void only Chen it is
    clear that the court rendering the Eudgment had no Eurisdiction over the parties or suAEect matter, no
    Eurisdiction to render Eudgment, or no capacity to act as a court) 7n re <)B)0), 3"3 *)?)3d 47. (/e1)
    <pp) Dallas #%"%') < Eudgment is void only Chen it is apparent that the court rendering Eudgment had
    no Eurisdiction of the parties, no Eurisdiction of the suAEect matter, no Eurisdiction to enter the
    Eudgment, or no capacity to act as a court) 7n re $cegueda, 3%4 *)?)3d .7 (/e1) <pp) (l ;aso #%"%',
    petition for revieC filed, (0eA) #4, #%"%') L(ND $0 *:;;6(9(N/M L0N"M ;eople v) +odrigueI, 3..
    7ll) <pp) 3d #9%, #9" 7ll) Dec) #"4, &#3 N)()#d ##4 (#d Dist) #%%.'= Bird v) Gornman, ".# *)?)3d
    ".4 (/e1) <pp) Dallas #%%4', reh4g overruled, (Ban) "#, #%%.' and revieC denied, (Bune "%, #%%.') /he
    circumstances ma5ing a Eudgment void are rare) 7n re C)<)*), "#& *)?)3d &" (/e1) <pp) Dallas
    #%%3', reh4g overruled, (Buly "4, #%%3') -oid Eudgments may Ae attac5ed at any time) Burns v)
    BaldCin, "3& 7daho 4&%, . ;)3d .%# (#%%3' (applying California laC') <s to suAEect2matter
    Eurisdiction, see K #4) <s to personal Eurisdiction of the parties, see K #.) L0N#M <ndreC 6) ;ar5s, 7nc)
    v) *un/rust Ban5, #4& @a) <pp) &4, .4. *)()#d 3" (#%%"'= Burns v) BaldCin, "3& 7daho 4&%, .
    - 20-
    1
    2
    ;)3d .%# (#%%3' (applying California laC'= *eitI v) *eitI, "%7 *)?)3d 47& (9o) Ct) <pp) *)D) #%%3')
    <n order entered Ay a court Cithout proper Eurisdiction is void and can Ae vacated) ?ilson v) Goppy,
    #%%# ND "79, .3 N)?)#d &, #%%# ?6 3"4.7.9 (N)D) #%%#')) < Eudgment is void Chen the court
    had no Eurisdiction to issue it= other defects merely render the Eudgment voidaAle) ;eacoc5 v) ?ave
    /ec ;ools, 7nc), "%7 *)?)3d 3" (/e1) <pp) ?aco #%%3', reh4g overruled, (<pr) 3%, #%%3') <s to
    voidaAle Eudgments, see K #&) L0N3M ;lant (3uip), 7nc) v) NationCide Control *erv), 7nc), ".. $hio
    <pp) 3d 4, #%%32$hio2.39., 79& N)()#d "#%#, #%%3 ?6 ##3"&47 ("st Dist) 8amilton County
    #%%3') L0N4M (1 parte ;unturo, #%%# ?6 "93&# (<la) #%%#'= Geiser v) Zoning Com4n of /oCn of
    +edding, # Conn) <pp) %%, 77" <)#d 9.9 (#%%"', certification granted, cause remanded on other
    grounds, #.9 Conn) 9#", 79" <)#d .& (#%%#') < void Eudgment is one that from its inception is a
    complete nullity and Cithout legal effect) 8olstein v) City of Chicago, &%3 0) *upp) #%. (N)D) 7ll)
    "99#', order aff4d, #9 0)3d ""4. (7th Cir) "994') L0N.M Drafto Corp) v) National 0uel @as DistriAution
    Corp), #%%# ;< *uper #4", &% <)#d 9 (#%%#', appeal denied, .7# ;a) 7., &"9 <)#d .47 (#%%3')
    L0NM -alley -ista Development Corp), 7nc) v) City of Bro5en <rroC, "9&& $G "4%, 7 ;)#d 344
    ($5la) "9&&'= $lson v) 6eith, 7" ?yo) 3", #.7 ;)#d 34# ("9.3') L0N7M Ni1 v) Cassidy, &99 *o) #d
    99& (<la) Civ) <pp) #%%4', cert) denied, ($ct) ##, #%%4') L0N&M Gammerman v) Gammerman, .43
    <)#d 794 (D)C) "9&&') L0N9M 9cCrac5en v) *ears, +oeAuc5 N Co), ." 9ass) <pp) Ct) "&4, 744
    N)()#d "%# (#%%"') L0N"%M ?right v) 6eCis, &7% *o) #d "79 (0la) Dist) Ct) <pp) 4th Dist) #%%4')
    L0N""M ;age v) 9iller, #.# N)C) #3, ""3 *)()#d .# ("9%'= 8older v) *cott, 39 *)?)#d 9% (/e1)
    Civ) <pp) /e1ar5ana "9.', Crit refused n)r)e), (9ay "", "9') L0N"#M 9artin v) *oden, &" 7daho
    #74, 34% ;)#d &4& ("9.9'= 8ughes v) Neely, 33# *)?)#d " (9o) "9%') L0N"3M +oo5 v) +oo5, #33 -a)
    9#, 3.3 *)()#d 7. ("9&7') L0N"4M KK 73& to 7") L0N".M 9atheCs v) 9atheCs, 73" *)?)#d &3#
    (Gy) Ct) <pp) "9&7'= +oo5 v) +oo5, #33 -a) 9#, 3.3 *)()#d 7. ("9&7') L0N"M 0ed) +) Civ) ;) %(A'
    (4')D
    DColomAo v) 8eCitt, ##" $r) "#", 3.% ;)#d &93 ("9%') Courts of general Eurisdiction are
    presumed to have suAEect2matter Eurisdiction, Aut there is no such presumption aAout courts of limited
    Eurisdiction) 9ishler v) County of (l5hart, .44 N)()#d "49 (7nd) "9&9') K 4%) +ecords of courts
    e1ercising special or limited Eurisdiction ?est4s Gey NumAer Digest ?est4s Gey NumAer Digest,
    Budgment 5"9 No presumption e1ists that a Eudgment rendered Ay a court of limited poCers and
    special or inferior Eurisdiction is Cithin its Eurisdiction, and such Eurisdiction must Ae affirmatively
    shoCnL0N"M or affirmatively appear of record)L0N#M /he same rule applies to a Eudgment rendered
    Ay a court of general Eurisdiction in the e1ercise of a special Eurisdiction)L0N3M L0N"M K 3.) L0N#M
    Daniels v) Bordan, "" 9iss) 7&, "34 *o) 9%3 ("93"'= ColomAo v) 8eCitt, ##" $r) "#", 3.% ;)#d &93
    ("9%') L0N3M 9orehouse v) 9orehouse, ".9 NeA) #.., N)?)#d .79 ("9.4') 7U) +(67(0 0+$9
    B:D@9(N/* C) Collateral <ttac5 ") 7n @eneral /opic *ummary Correlation /aAle +eferences K
    73&) <vailaAility of remedy ?est4s Gey NumAer Digest ?est4s Gey NumAer Digest, Budgment 547%,
    479 < final Eudgment Ay a court of competent Eurisdiction is generally not suAEect to collateral attac5)
    L0N"M 8oCever, a collateral attac5 may Ae alloCed if the Eudgment is void,L0N#M such as Chere a
    Eudgment Cas rendered Ay a court Cithout Eurisdiction,L0N3M Chere a Eurisdictional challenge Cas
    Aased on inade3uate personal service,L0N4M or Chere the issue Cas suAEect2matter Eurisdiction)L0N.M
    Nonetheless, if the Eurisdictional defect does not appear on the face of the Eudgment roll or record, the
    Eudgment may Ae considered valid and immune from collateral attac5=L0NM for collateral2attac5
    purposes the record includes, among other things, the pleadings and the Eudgment)L0N7M (ven if a
    Eudgment is voidaAle, a collateral attac5 on a final Eudgment is not availaAle=L0N&M thus, even if the
    Eudgment Cas so irregular or defective that it Could Ae set aside or annulled on a proper direct
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    application for that purpose, as a general rule it is not suAEect to collateral impeachment as long as it
    stands unreversed and in force)L0N9M ?hen revieCing a collateral attac5 on a Eudgment, the court
    presumes the validity of the Eudgment under attac5)L0N"%M L0N"M Chicot County Drainage Dist) v)
    Ba1ter *tate Ban5, 3%& :)*) 37", % *) Ct) 3"7, &4 6) (d) 3#9 ("94%'= *onya C) By and /hrough
    $livas v) <riIona *chool for the Deaf and Blind, 743 0) *upp) 7%%, # (d) 6aC +ep) 947 (D) <riI)
    "99%'= ;eery v) *uperior Court, "74 Cal) <pp) 3d "%&., #"9 Cal) +ptr) &&# (4th Dist) "9&.'= Brennan
    v) @rover, ".& Colo) , 4%4 ;)#d .44 ("9.'= 6ashgari v) 6ashgari, "97 Conn) "&9, 49 <)#d 49"
    ("9&.'= *ailAoat Gey Developers v) *un Ban5, 37 *o) #d "%93 (0la) Dist) Ct) <pp) 3d Dist) "979'=
    6aCing v) (rCin, #." @a) "34, 3%3 *)()#d 444 ("9&3'= @unnell v) ;almer, 37% 7ll) #%, "& N)()#d
    #%#, "#% <)6)+) &7" ("93&'= 7n re Chapman, 4 N)()#d 777 (7nd) Ct) <pp) 3d Dist) "9&4'= *tate v)
    9inniefield, 47 *o) #d ""9& (6a) Ct) <pp) #d Cir) "9&.'= Director of Div) of (mployment *ec) v)
    /oCn of 9attapoisett, 39# 9ass) &.&, 47 N)()#d "33, "9 (d) 6aC +ep) ""3" ("9&4'= *tate e1 rel)
    +ayl v) 8ettinger County, 47 N)?)#d 9& (N)D) "99"'= @eorge v) 7nfantolino, 44 <)#d 7.7 (+)7)
    "9&#'= (1 parte 8overmale, 3 *)?)#d &#& (/e1) <pp) *an <ntonio "9&#'= 0ortner v) 0ortner, "&
    ?) -a) 7%, #&# *)()#d 4& ("9&"'= *tate v) 9adison, "#% ?is) #d ".%, 3.3 N)?)#d &3. (Ct) <pp)
    "9&4') <s to the distinction AetCeen a collateral attac5 and a direct attac5, see K 744) L0N#M *onya C)
    By and /hrough $livas v) <riIona *chool for the Deaf and Blind, 743 0) *upp) 7%%, # (d) 6aC +ep)
    947 (D) <riI) "99%'= *ailAoat Gey Developers v) *un Ban5, 37 *o) #d "%93 (0la) Dist) Ct) <pp) 3d
    Dist) "979'= B)6)9) v) +)6)C), Br), "3# *)?)3d #79 (9o) Ct) <pp) ?)D) #%%4'= *tate v) ?essels, #3#
    NeA) ., 439 N)?)#d 4&4 ("9&9') L0N3M Carroll v) :)*), 339 0)3d " (#d Cir) #%%3'= :)*) v) Bigford,
    3. 0)3d &.9 ("%th Cir) #%%4'= 9Cani v) Ain 6aden, 4"7 0)3d ", # 0ed) +) *erv) 3d 3# (D)C) Cir)
    #%%.'= Gent v) ?hite, # @a) <pp) &##, .9& *)()#d ""3 (#%%4', cert) denied, (*ept) 7, #%%4') <s to
    grounds upon Chich a collateral attac5 may Ae alloCed, see KK 7.% to 7.3) L0N4M Nore1 ;etroleum
    6td) v) <ccess 7ndustries, 7nc), 4" 0)3d "4 (#d Cir) #%%.') L0N.M Gent v) ?hite, # @a) <pp) &##,
    .9& *)()#d ""3 (#%%4', cert) denied, (*ept) 7, #%%4') L0NM :)*) v) Bigford, 3. 0)3d &.9 ("%th Cir)
    #%%4') L0N7M 8anson v) ?oolston, 7%" N)?)#d #.7 (9inn) Ct) <pp) #%%.', revieC denied, ($ct) "&,
    #%%.') L0N&M ;eople v) <egis *ec) 7ns) Co), "3% Cal) <pp) 4th "%7", 3% Cal) +ptr) 3d & (4th Dist)
    #%%.'= @ile v) @ile, 333 7ll) <pp) 3d """, #& 7ll) Dec) 79, 777 N)()#d "%%# (.th Dist) #%%#'= ;ope v)
    Com), 37 -a) <pp) 4.", ..9 *)()#d 3&& (#%%#'= Boyner v) *tate, #%%# ?> "74, .& ;)3d 33" (?yo)
    #%%#') L0N9M Boyner v) *tate, #%%# ?> "74, .& ;)3d 33" (?yo) #%%#') L0N"%M Bohnson v) -entling,
    "3# *)?)3d "73 (/e1) <pp) Corpus Christi #%%4') 7U) +(67(0 0+$9 B:D@9(N/* C) Collateral
    <ttac5 #) Nature of ;roceedings Constituting Collateral <ttac5 /opic *ummary Correlation /aAle
    +eferences K 74&) (ffect of grounds for the attac5 ?est4s Gey NumAer Digest ?est4s Gey NumAer
    Digest, Budgment 54& to 4&&, .%", .%&, ."7 <n attac5 upon a Eudgment may Ae considered a direct
    attac5, not a Aarred collateral attac5, Chere it is Aased upon grounds Chich Could render the
    Eudgment void aA initio,L0N"M Chich may Ae applicaAle in the case of an attac5 upon a Eudgment on
    the ground of fraud in its procurement,L0N#M and in the case of an attac5 upon a Eudgment on the
    ground of a lac5 of Eurisdiction to render it)L0N3M L0N"M Bric5 v) *overeign @rand 6odge of <ccepted
    0ree 9asons of <r5ansas, "9 <r5) 37#, ""7 *)?)#d "%% ("93&'= Gittel v) Gittel, "4 *o) #d &33
    (0la) Dist) Ct) <pp) 3d Dist) "94'= 6eslie v) ;roctor N @amAle 9fg) Co), "%# Gan) ".9, "9 ;) "93
    ("9"7'= +ay v) +ay, 33% 9o) .3%, .% *)?)#d "4# ("93#'= 8ume v) +ic5etts, 9 ?yo) ###, #4% ;)#d
    &&" ("9.#' (stating that this principle does not apply e1cept Chen the defect appears upon the face of
    the record') L0N#M *5ipper v) *chumacher, "#4 0la) 3&4, "9 *o) .& ("93'= *teCart 6umAer Co) v)
    DoCns, "4# 7oCa 4#%, "#% N)?) "%7 ("9%9') L0N3M Bric5 v) *overeign @rand 6odge of <ccepted
    0ree 9asons of <r5ansas, "9 <r5) 37#, ""7 *)?)#d "%% ("93&')D
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    2
    D7U) +(67(0 0+$9 B:D@9(N/* C) Collateral <ttac5 3) @rounds for Collateral <ttac5 a)
    7n @eneral /opic *ummary Correlation /aAle +eferences K 7.%) @enerally= void Eudgments ?est4s
    Gey NumAer Digest ?est4s Gey NumAer Digest, Budgment 54& to 499 /rial *trategy (ntitlement to
    a *tay or Default Budgment +elief :nder the *oldiers4 and *ailors4 Civil +elief <ct, 3. <m) Bur) ;roof
    of 0acts 3d 3#3 KK 44 to 47 @enerally a Eudgment may Ae suAEect to collateral attac5 only on
    specified grounds, such as that the Eudgment is void due to the court4s lac5 of Eurisdiction over the
    suAEect matter or the parties=L0N"M or that the court lac5s the inherent poCer to ma5e or enter the
    Eudgment or order involved,L0N#M such that the Eudgment is aAsolutely null and not res Eudicata=
    L0N3M or that the court acted in a manner inconsistent Cith due process of laC)L0N4M <n order must
    have a Eurisdictional defect apparent from the face of the record at the time that the challenged order
    Cas entered to support a collateral attac5 on the order on the theory it Cas void for lac5 of
    Eurisdiction= if evidence outside the record is re3uired to shoC the Eurisdictional defect, the challenged
    order is only voidaAle, not void)L0N.M Caution: /he presumptions of laC in favor of the validity of
    Eudgments rendered Ay courts of competent Eurisdiction, and the conclusiveness of such
    presumptions, are particularly applicaAle in collateral proceedings)L0NM < void Eudgment or final
    order is suAEect to collateral attac5,L0N7M and such an attac5 may Ae Arought Ay any person affected
    Ay it,L0N&M at any time,L0N9M and in any proceedingL0N"%M in a court of e3ual Eurisdiction)L0N""M
    *trangers, hoCever, may attac5 a void Eudgment only Chen, if it Cere given full effect, some right in
    them Could Ae affected Ay its enforce2ment)L0N"#M < Eudgment may Ae collaterally attac5ed for a
    lac5 of Eurisdiction Chen the Eurisdictional defect appears on the face of the record,L0N"3M or Chen
    the record affirmatively shoCs that the issuing court lac5ed Eurisdiction)L0N"4M (1trinsic evidence
    may not Ae used to estaAlish a lac5 of Eurisdiction Chen collaterally attac5ing a Eudgment)L0N".M <
    Eudgment rendered Ay a court having no Eurisdiction of the suAEect matter is void, not merely
    voidaAle, and may Ae attac5ed directly or collaterally, anyChere, and at any time= such a Eudgment is
    a usurpation of poCer and is an aAsolute nullity)L0N"M <n agreed Eudgment has the same Ainding
    force and effect as a Eudgment resulting from a trial to the court or Eury, and such Eudgment is only
    suAEect to collateral attac5 if the court rendering the Eudgment lac5ed Eurisdiction to render it) /hus,
    as a general rule, contractual defenses are impermissiAle collateral attac5s upon the finality of a trial
    court4s Eudgment)L0N"7M C:9:6</7-( *:;;6(9(N/ Cases: Certain class memAers in
    multidistrict class action Arought against drug manufacturer Ay former users of diet drugs that Cere
    removed from the mar5et due to groCing evidence that they could cause disease could not
    collaterally attac5, on motion for relief from Eudgment on ground that Eudgment Cas void, a Eudgment
    approving settlement agreement on ground that District Court lac5ed suAEect matter Eurisdiction over
    the diversity action Aecause thousands of class memAers Cith only medical monitoring claims did not
    meet the amount in controversy re3uirement, Chere issue of suAEect matter Eurisdiction had already
    Aeen litigated Ay other class memAers) 7n re Diet Drugs
    (;henteramine!0enfluramine!De1fenfluramine' ;roducts 6iaAility 6itigation, 434 0) *upp) #d 3#3
    (()D) ;a) #%%') <lthough a collateral attac5 on a final Eudgment may Ae made at any time Chen the
    Eudgment under challenge is void Aecause of an aAsence of fundamental Eurisdiction, Chen the
    Eudgment under challenge is merely voidaAle Aecause it Cas entered in e1cess of Eurisdiction, it
    should Ae challenged directly, and is generally not suAEect to collateral attac5 once the Eudgment is
    final unless unusual circumstances are present Chich prevented an earlier attac5) ;eople v) <llegheny
    Cas) Co), 4" Cal) 4th 7%4, " Cal) +ptr) 3d &9, "" ;)3d "9& (#%%7') < void Eudgment can Ae
    collaterally attac5ed at any time) +odrigueI20aro v) 9) (scarda Contractor, 7nc), 9 *o) 3d "%97 (0la)
    Dist) Ct) <pp) 3d Dist) #%""') +es Eudicata applies to a voidaAle sentence and may operate to prevent
    consideration of a collateral attac5 Aased on a claim that could have Aeen raised on direct appeal from
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    2
    the voidaAle sentence) *tate v) *imp5ins, ""7 $hio *t) 3d 4#%, #%%&2$hio2""97, &&4 N)()#d .&
    (#%%&', cert) denied, #%%& ?6 3&&94&% (:)*) #%%&') < Eudgment is void only Chen it is apparent that
    the court rendering Eudgment had no Eurisdiction of the parties or property, no Eurisdiction of the
    suAEect matter, no Eurisdiction to enter the particular Eudgment, or no capacity to act) BroCning v)
    ;rosto5, ". *)?)3d 33 (/e1) #%%.') $nly a void Eudgment may Ae collaterally attac5ed) BroCning
    v) ;rosto5, ". *)?)3d 33 (/e1) #%%.') 0or a Eudgment to Ae suAEect to collateral attac5, it must Ae
    void) 7n re $cegueda, 3%4 *)?)3d .7 (/e1) <pp) (l ;aso #%"%', petition for revieC filed, (0eA) #4,
    #%"%') < declaratory Eudgment action may not Ae used to collaterally attac5, modify, or interpret a
    prior Eudgment) Dallas County /a1 Collector v) <ndolina, 3%3 *)?)3d 9# (/e1) <pp) Dallas #%"%')
    L(ND $0 *:;;6(9(N/M L0N"M *chCaA v) *outhern California @as Co), ""4 Cal) <pp) 4th "3%&, &
    Cal) +ptr) 3d #7 (4th Dist) #%%4'= 7n re 9arriage of 8ulstrom, 34# 7ll) <pp) 3d ##, #7 7ll) Dec)
    73%, 794 N)()#d 9&% (#d Dist) #%%3'= 7n re /y 9), #. NeA) ".%, .. N)?)#d 7# (#%%3') <s to lac5
    of Eurisdiction as a ground for a collateral attac5 in particular, see K 7.&) L0N#M 7n re Canganelli, "3#
    B)+) 39 (Ban5r) N)D) 7nd) "99"' (under 7ndiana laC'= *alaIar v) :)*) <ir 0orce, &49 0)#d ".4# (.th
    Cir) "9&&'= 8oo5s v) 8oo5s, 77" 0)#d 93. (th Cir) "9&.'= ?est v) Belin, 3"4 <r5) 4%, &.& *)?)#d 97
    ("993'= 7n re (state of *teinfeld, ".& 7ll) #d ", "9 7ll) Dec) 3, 3% N)()#d &%" ("994'= ;eople v)
    ?ade, "" 7ll) #d ", "%7 7ll) Dec) 3, .% N)()#d 9.4 ("9&7'= <ltman v) Nelson, "97 9ich) <pp) 47,
    49. N)?)#d &# ("99#'= DeCoatsCorth v) Bones, 4"4 ;a) *uper) .&9, %7 <)#d "%94 ("99#', aff4d in
    part, rev4d in part on other grounds, .3 ;a) 4"4, 39 <)#d 79# ("994') <s to the effect of an invalid
    Eudgment, generally, see KK #& to 3") L0N3M 7n re +aI, &7" *o) #d 33 (6a) Ct) <pp) "st Cir) #%%4')
    L0N4M Cooper v) *mith, 7% 8aC) 449, 77 ;)#d ""7& ("9&9') L0N.M 7n re Custody of <yala, 344 7ll)
    <pp) 3d .74, #79 7ll) Dec) 4., &%% N)()#d .#4 ("st Dist) #%%3') L0NM 0arnsCorth v) :)*), #3# 0)#d
    .9, # <)6)+)#d 4#3 (D)C) Cir) "9.'= *onya C) By and /hrough $livas v) <riIona *chool for the
    Deaf and Blind, 743 0) *upp) 7%%, # (d) 6aC +ep) 947 (D) <riI) "99%'= NeCman v) NeCman, 4# 7ll)
    <pp) #d #%3, "9" N)()#d "4, <)6)+)3d 7% ("st Dist) "93'= Bac5son v) *laughter, "&. *)?)#d 7.9
    (/e1) Civ) <pp) /e1ar5ana "944', Crit refused C)o)m)) L0N7M 8oo5s v) 8oo5s, 77" 0)#d 93. (th Cir)
    "9&.'= ;hillips v) NaAors <las5a Drilling, 7nc), 74% ;)#d 4.7 (<las5a "9&7'= 9orris ;lan Co) of 7oCa
    v) Bruner, 4.& N)?)#d &.3 (7oCa Ct) <pp) "99%'= @ruAA v) ?urtland ?ater Dist), 3&4 *)?)#d 3#"
    (Gy) "94'= -anDe?alle v) <lAion Nat) Ban5, #43 NeA) 49, .%% N)?)#d . ("993'= *tate v)
    ?essels, #3# NeA) ., 439 N)?)#d 4&4 ("9&9'= 9ayfield v) 8artmann, ##" NeA) "##, 37. N)?)#d
    "4 ("9&.'= *tate v) *ustacha, "%& Nev) ##3, &# ;)#d 9.9 ("99#'= Chancellor v) /enneco $il Co),
    "9&# $G "##, .3 ;)#d #%4 ($5la) "9&#'= *hac5elford v) Barton, ". *)?)3d %4 (/e1) <pp) /yler
    #%%4', reh4g overruled, (Nov) "9, #%%4' and revieC denied, (9ar) "", #%%.'= *tate e1 rel) +)@) v)
    ?)9)B), ".9 ?is) #d #, 4. N)?)#d ##" (Ct) <pp) "99%') L0N&M +oyal 7ndem) Co) v) 9ayor, etc),
    of City of *avannah, #%9 @a) 3&3, 73 *)()#d #%. ("9.#'= 9atheCs v) 9atheCs, 73" *)?)#d &3# (Gy)
    Ct) <pp) "9&7'= 8ughes v) Neely, 33# *)?)#d " (9o) "9%') L0N9M 7n re Canganelli, "3# B)+) 39
    (Ban5r) N)D) 7nd) "99"' (under 7ndiana laC'= *indler v) Brennan, "%. Cal) <pp) 4th "3.%, "#9 Cal)
    +ptr) #d &&& (4th Dist) #%%3', revieC denied, (9ay "4, #%%3'= 9orey 0ish Co) v) +ymer 0oods, 7nc),
    ".& 7ll) #d "79, "9& 7ll) Dec) 4%9, 3# N)()#d "%#% ("994'= 7n re (state of *teinfeld, ".& 7ll) #d ",
    "9 7ll) Dec) 3, 3% N)()#d &%" ("994'= 7n re 9arriage of Boston, "%4 *)?)3d &#. (9o) Ct) <pp)
    *)D) #%%3'= -on*eggern v) ?illman, #44 NeA) .., .%& N)?)#d #" ("993'= ?ashington 9ut) Ban5
    0< v) 0arhat (nterprises, 7nc), #%%3 $G C7- <;; 7&, 77 ;)3d ""%3 (Div) " #%%3'= ;eet v) ;eet, " -a)
    <pp) 3#3, 4#9 *)()#d 4&7 ("993') L0N"%M 8utcheson v) 7oCa Dist) Court for 6ee County, 4&% N)?)#d
    #% (7oCa "99#'= -on*eggern v) ?illman, #44 NeA) .., .%& N)?)#d #" ("993'= 9arshall v)
    9arshall, #4% NeA) 3##, 4&# N)?)#d " ("99#'= Boyner v) *tate, #%%# ?> "74, .& ;)3d 33" (?yo)
    #%%#') L0N""M Ba5ali v) Ba5ali, &3% *)?)#d #." (/e1) <pp) Dallas "99#') L0N"#M 9itchell v)
    - 24-
    1
    2
    <utomoAile $Cners 7ndem) :nderCriters, "9 Cal) #d ", ""& ;)#d &"., "37 <)6)+) 9#3 ("94"')
    L0N"3M 7n re Custody of <yala, 344 7ll) <pp) 3d .74, #79 7ll) Dec) 4., &%% N)()#d .#4 ("st Dist)
    #%%3') L0N"4M 8anson v) ?oolston, 7%" N)?)#d #.7 (9inn) Ct) <pp) #%%.', revieC denied, ($ct) "&,
    #%%.') L0N".M /oles v) /oles, ""3 *)?)3d &99 (/e1) <pp) Dallas #%%3') L0N"M +oAerts v) +oAerts,
    & *o) #d 474 (9iss) Ct) <pp) #%%3', cert) denied, & *o) #d 473 (9iss) #%%4') L0N"7M *pradley v)
    8utchison, 7&7 *)?)#d #"4 (/e1) <pp) 0ort ?orth "99%', Crit denied, (Buly 3, "99%') T #%"#
    /homson +euters) 33234B T #%"# /homson +euters!+7<) No Claim to $rig) :)*) @ovt) ?or5s) <ll
    rights reserved) <9B:+ B:D@9(N/* K 7.%D
    D7U) +(67(0 0+$9 B:D@9(N/* C) Collateral <ttac5 3) @rounds for Collateral <ttac5 a)
    7n @eneral /opic *ummary Correlation /aAle +eferences K 7.") -oidaAle Eudgments ?est4s Gey
    NumAer Digest ?est4s Gey NumAer Digest, Budgment 54&("', .%% to .%7 < Eudgment that is merely
    voidaAle may not Ae attac5ed collaterally)L0N"M /hus, generally, in order to collaterally attac5 a trial
    court4s Eudgment, it must Ae shoCn that the Eudgment is void rather than merely defective or voidaAle)
    L0N#M < collateral attac5 Cill not lie against a Eudgment voidaAle only for mista5e,L0N3M accident, or
    similar defect)L0N4M < voidaAle Eudgment can only Ae challenged on direct appeal)L0N.M L0N"M
    ;eople v) <egis *ec) 7ns) Co), "3% Cal) <pp) 4th "%7", 3% Cal) +ptr) 3d & (4th Dist) #%%.'= 7n re
    Custody of <yala, 344 7ll) <pp) 3d .74, #79 7ll) Dec) 4., &%% N)()#d .#4 ("st Dist) #%%3'= 7n re
    ;aternity of ;)()9), &"& N)()#d 3# (7nd) Ct) <pp) #%%4'= /hac5er v) 8ale, "4 9d) <pp) #%3, &%
    <)#d 7." (#%%#'= Dime *av) Ban5, 0*B v) @reene, #%%# ;< *uper 39#, &"3 <)#d &93 (#%%#') <s to
    issues relating to validity of Eudgments, generally, see KK "4 to 4%) L0N#M D4$cchio v) Connecticut
    +eal (state Com4n, "&9 Conn) "#, 4.. <)#d &33, 3& <)6)+)4th 77. ("9&3'= NeCman v) NeCman, 4#
    7ll) <pp) #d #%3, "9" N)()#d "4, <)6)+)3d 7% ("st Dist) "93'= 9ishler v) County of (l5hart, .44
    N)()#d "49 (7nd) "9&9'= *tanton v) *tanton, "4 NeA) 7", "& N)?)#d .4 ("94.') L0N3M *tate e1 rel)
    +ayl v) 8ettinger County, 47 N)?)#d 9& (N)D) "99"'= /urner v) Bell, "9& /enn) #3#, #79 *)?)#d 7"
    ("9..') L0N4M /urner v) Bell, "9& /enn) #3#, #79 *)?)#d 7" ("9..') L0N.M 7n re Canganelli, "3# B)+)
    39 (Ban5r) N)D) 7nd) "99"'= D4$cchio v) Connecticut +eal (state Com4n, "&9 Conn) "#, 4.. <)#d
    &33, 3& <)6)+)4th 77. ("9&3'= 7n re 9arriage of /rua1, .## N)()#d 4%# (7nd) Ct) <pp) "st Dist)
    "9&&'= 7n re ;aternity of ;)()9), &"& N)()#d 3# (7nd) Ct) <pp) #%%4'= @ail v) ?estern Convenience
    *tores, 434 N)?)#d &# (7oCa "9&9'= Nolte v) *tate, &.4 *)?)#d 3%4 (/e1) <pp) <ustin "993',
    petition for discretionary revieC refused, ($ct) #%, "993'= Ba5ali v) Ba5ali, &3% *)?)#d #." (/e1)
    <pp) Dallas "99#')D
    D7U) +(67(0 0+$9 B:D@9(N/* C) Collateral <ttac5 3) @rounds for Collateral <ttac5 a)
    7n @eneral /opic *ummary Correlation /aAle +eferences K 7.3) 0raud, collusion, and other
    misconduct ?est4s Gey NumAer Digest ?est4s Gey NumAer Digest, Budgment 5.%& to ." /rial
    *trategy 0raud in $Ataining or 9aintaining Default Budgment, "% <m) Bur) ;roof of 0acts #d 4#7 KK
    ". to 4" Budgments may Ae void due to fraud, and thus suAEect to collateral attac5=L0N"M hoCever, a
    collateral attac5 cannot Ae maintained on the grounds that the Eudgment Cas oAtained through
    fraudulent conduct intrinsic to the Eudgment)L0N#M /hus, Eudgments Aased on e1trinsic fraud may Ae
    suAEect to collateral attac5)L0N3M (1trinsic fraud necessarily re3uires evidence not found in the
    record)L0N4M < collateral challenge to a Eudgment oAtained Ay e1trinsic fraud is alloCed Aecause such
    fraud perverts the Eudicial processes and prevents the court or the non2defrauding party from
    discovering the fraud through the regular adversarial process)L0N.M < collateral attac5 on a Eudgment
    procured Ay intrinsic fraud is not Carranted Aecause the parties have the opportunity at trial through
    cross2e1amination and impeachment to ferret out and e1pose false information presented to the trier
    of fact)L0NM *ome courts no longer apply the distinction AetCeen intrinsic and e1trinsic fraud,L0N7M
    Aut apply a rule that the fraud alleged need only affect the Aasic fairness of the adEudication to
    - 25-
    1
    2
    Carrant a collateral attac5 Aased on fraud)L0N&M <n important issue is Chether there Cas fraud in the
    procurement of the Eudgment, and if not, the Eudgment is not suAEect to attac5 in a collateral action)
    L0N9M < Eudgment may Ae impeached in a collateral proceeding Chere the fraud affects the
    Eurisdiction of the court)L0N"%M /o constitute fraud as to the court4s Eurisdiction, and thus alloCing a
    party to collaterally attac5 the Eudgment, the party asserting such fraud must have Aeen deprived of an
    opportunity to present a right or defense that the party had in the former proceeding Ay improper
    conduct of the party securing the Eudgment)L0N""M @enerally a Eudgment may not Ae impeached in
    collateral proceedings, Ay a party or privy to it, for collusionL0N"#M or false testimony)L0N"3M
    8oCever, a consent Eudgment may Ae suAEect to collateral attac5 Chen the facts demonstrate that the
    Eudgment or settlement Cas entered into fraudulently, collusively, or in Aad faith)L0N"4M ?henever
    the rights of third persons are affected, they may collaterally attac5 a Eudgment for fraud committed
    Ay one party, or for the collusion of Aoth parties)L0N".M <ccordingly, an unnamed party Chose rights
    Cere directly and inEuriously affected Ay a Eudgment fraudulently oAtained may see5 relief from that
    Eudgment either Ay motion or Ay an independent collateral attac5, and neither remedy is e1clusive of
    the other)L0N"M C:9:6</7-( *:;;6(9(N/ Cases: NeC >or5 laC permits collateral attac5s on
    Eudgments oAtained Ay e1trinsic, as opposed to intrinsic, fraud) 7n re ?ard, 4#3 B)+) ## (Ban5r) ()D)
    N)>) #%"%') <n attac5 upon a Eudgment Aased on intrinsic fraud is not alloCed Aecause the fraudulent
    conduct may Ae properly e1posed and rectified Cithin the conte1t of the underlying adversarial
    process itself= in contrast, a collateral attac5 on a Eudgment on the Aasis of e1trinsic fraud is alloCed
    Aecause such fraud distorts the Eudicial process to such an e1tent that confidence in the aAility to
    discover the fraudulent conduct through the regular adversarial process is undermined) BroCning v)
    ;rosto5, ". *)?)3d 33 (/e1) #%%.') D(1trinsic fraudD as a Aasis for collateral attac5 on Eudgment is
    fraud that denies a losing party the opportunity to fully litigate at trial all the rights or defenses that
    could have Aeen asserted= it generally includes Crongful conduct occurring outside of the adversarial
    proceedings, and the fraud must Ae collateral to the matter tried and not something Chich Cas
    actually or potentially in issue) BroCning v) ;rosto5, ". *)?)3d 33 (/e1) #%%.') ?hen the
    fraudulent acts themselves are in issue, or could have Aeen in issue, in the prior proceeding, the fraud
    is intrinsic and is not a Aasis for collateral attac5 on Eudgment) BroCning v) ;rosto5, ". *)?)3d 33
    (/e1) #%%.') L(ND $0 *:;;6(9(N/M L0N"M 7n re +oe, 3.# 7ll) <pp) 3d "".., #&& 7ll) Dec) "&,
    &"7 N)()#d .44 (#d Dist) #%%4') L0N#M *langal v) @etIin, "4& 0)+)D) 9" (D) NeA) "993'= Canal
    <uthority of *tate of 0la) v) 8arAond, 7nc), 433 *o) #d "34. (0la) Dist) Ct) <pp) .th Dist) "9&3'=
    BroCning v) ;rosto5, ". *)?)3d 33 (/e1) #%%.'= Bones v) ?illard, ##4 -a) %#, #99 *)()#d .%4
    ("9&3'= ;eet v) ;eet, " -a) <pp) 3#3, 4#9 *)()#d 4&7 ("993') <s to fraud as a ground for a motion
    see5ing relief from a Eudgment, pursuant to a rule providing for such relief, as opposed to an
    independent action see5ing relief from a Eudgment, see KK 94 to 99) <s to application of distinction
    of e1trinsic versus intrinsic fraud in motions for relief Aased on fraud in particular, see K 9) <s to
    distinction AetCeen intrinsic and e1trinsic fraud relative to grounds for an independent action in
    e3uity for relief from a Eudgment, see K 7#%) L0N3M @riffith v) Ban5 of N)>), "47 0)#d &99, "%
    <)6)+) "34% (C)C)<) #d Cir) "94.' (applying NeC >or5 laC'= *onya C) By and /hrough $livas v)
    <riIona *chool for the Deaf and Blind, 743 0) *upp) 7%%, # (d) 6aC +ep) 947 (D) <riI) "99%'=
    *outheastern Colorado ?ater Conservancy Dist) v) Cache Cree5 9in) /rust, &.4 ;)#d "7 (Colo)
    "993'= *mith v) *mith, 334 N)C) &", 43" *)()#d "9 ("993'= +oo5 v) +oo5, #33 -a) 9#, 3.3 *)()#d
    7. ("9&7'= Bones v) ?illard, ##4 -a) %#, #99 *)()#d .%4 ("9&3'= ;eet v) ;eet, " -a) <pp) 3#3, 4#9
    *)()#d 4&7 ("993'= /aylor v) (state of /aylor, 7"9 ;)#d #34 (?yo) "9&') L0N4M ?ilson v) ?ilson,
    "3# *)?)3d .33 (/e1) <pp) 8ouston "st Dist) #%%4', revieC denied, (Buly ", #%%4') L0N.M ;eet v)
    ;eet, " -a) <pp) 3#3, 4#9 *)()#d 4&7 ("993') L0NM Canal <uthority of *tate of 0la) v) 8arAond,
    - 26-
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    2
    7nc), 433 *o) #d "34. (0la) Dist) Ct) <pp) .th Dist) "9&3'= ;eet v) ;eet, " -a) <pp) 3#3, 4#9 *)()#d
    4&7 ("993') L0N7M *tate Central Credit :nion v) Bayley, 33 ?is) #d 37, "47 N)?)#d #. ("97')
    L0N&M ;epper v) Zions 0irst Nat) Ban5, N)<), &%" ;)#d "44 (:tah "99%') L0N9M *tate v) *toc5land,
    # ?is) #d .49, #%%3 ?7 <pp "77, & N)?)#d &"% (Ct) <pp) #%%3') L0N"%M *5ipper v)
    *chumacher, "#4 0la) 3&4, "9 *o) .& ("93'= City of Chariton v) B) C) Blun5 Const) Co), #.3 7oCa
    &%., ""# N)?)#d &#9 ("9#'= 8overstad v) 0irst Nat) Ban5 N /rust Co), 7 *)D) ""9, 74 N)?)#d 4&,
    . <)6)+)#d 93& ("9..') L0N""M 8oo5s v) Bonner, "&7 7ll) <pp) 3d 944, "3. 7ll) Dec) 3&., .43
    N)()#d 9.3 ("st Dist) "9&9') L0N"#M *tate e1 rel) +ich v) ?olfe, &% 7daho .3, 33. ;)#d &&4 ("9.9'=
    City of Chariton v) B) C) Blun5 Const) Co), #.3 7oCa &%., ""# N)?)#d &#9 ("9#'= *tate e1 rel) -an
    8afften v) (llison, #&. 9o) 3%", ## *)?) ..9, "# <)6)+) "".7 ("9#%') L0N"3M *tate e1 rel) +ich v)
    ?olfe, &% 7daho .3, 33. ;)#d &&4 ("9.9'= City of Chariton v) B) C) Blun5 Const) Co), #.3 7oCa &%.,
    ""# N)?)#d &#9 ("9#'= 0isher v) De 9arr, ## 9d) .%9, "74 <)#d 34. ("9"') L0N"4M ?olff v)
    +oyal 7ns) Co) of <merica, 47# N)?)#d #33 (*)D) "99"') L0N".M +andolph County v) /hompson, .%#
    *o) #d 3.7 (<la) "9&7'= Brasher v) 0irst Nat) Ban5, #3# <la) 34%, "& *o) 4# ("93'= Bannoc5 /itle
    Co) v) 6indsey, & 7daho .&3, 3&& ;)#d "%"" ("93'= /reece v) /reece, &4 7daho 4.7, 373 ;)#d 7.%
    ("9#'= *tric5land v) 8ughes, #73 N)C) 4&", "% *)()#d 3"3 ("9&') L0N"M ;earlman v) ;earlman,
    4%. *o) #d 74 (0la) Dist) Ct) <pp) 3d Dist) "9&"')D
    D7U) +(67(0 0+$9 B:D@9(N/* C) Collateral <ttac5 3) @rounds for Collateral <ttac5 A)
    (rrors and 7rregularities in ;roceedings /opic *ummary Correlation /aAle +eferences K 7.4)
    @enerally ?est4s Gey NumAer Digest ?est4s Gey NumAer Digest, Budgment 54&, 4&7, .%% to ."7
    ?hile in limited circumstances a collateral attac5 may Ae used to set aside a Eudgment that involves
    fundamental error,L0N"M generally a Eudgment of a court of competent Eurisdiction may not Ae
    impeached collaterally for mere errors or irregularities committed Ay the court in the e1ercise of its
    Eurisdiction,L0N#M even though the error is one of laC,L0N3M and even though the error or irregularity
    appears on the face of the record)L0N4M < Eudgment of a court having Eurisdiction over the parties and
    the suAEect matter is presumptively Ainding until set aside in a manner prescriAed Ay laC, and this is
    true regardless of any purported irregularity or error in the Eudgment)L0N.M 0undamental error is not
    suAEect to precise definition, Aut generally is such error as Could render a Eudgment void)L0NM 7n
    contrast, Chere a statute authoriIes a court to do a particular thing, and the poCer of the court to act is
    suAEect to certain limitations named, a Eudgment of the court rendered contrary to the limitations
    named is not void for Cant of Eurisdiction nor suAEect to collateral attac5, Aut is voidaAle only=L0N7M
    that is, Chile errors other than Eurisdictional deficiencies may render a Eudgment voidaAle, such errors
    must Ae corrected on direct attac5, not collaterally)L0N&M < Eudgment rendered Ay a court having
    Eurisdiction of the suAEect matter and the parties is generally not suAEect to collateral attac5 Aecause of
    mere defects in the pleadings)L0N9M 7n particular, a default Eudgment Aased on pleadings Chich are
    merely lac5ing in allegations of fact sufficient to fully state a cause of action may not Ae collaterally
    attac5ed)L0N"%M C:9:6</7-( *:;;6(9(N/ Cases: ?here a court lac5s Eurisdiction over the
    parties or the suAEect matter, or lac5s the inherent poCer to ma5e or enter the particular order, its
    Eudgment is void= Aut Chere the court has personal and suAEect matter Eurisdiction, a procedural
    irregularity renders a Eudgment merely voidaAle, not suAEect to collateral attac5) 7n re (states of
    *maldino, "." ?ash) <pp) 3., #"# ;)3d .79 (Div) " #%%9') L(ND $0 *:;;6(9(N/M L0N"M
    *hac5elford v) Barton, ". *)?)3d %4 (/e1) <pp) /yler #%%4', reh4g overruled, (Nov) "9, #%%4' and
    revieC denied, (9ar) "", #%%.') L0N#M ;hillips v) NaAors <las5a Drilling, 7nc), 74% ;)#d 4.7 (<las5a
    "9&7'= 9offat v) 9offat, #7 Cal) 3d 4., ". Cal) +ptr) &77, "# ;)#d 97 ("9&%'= *tate v) ?essels,
    #3# NeA) ., 439 N)?)#d 4&4 ("9&9'= Berry v) Berry, 7& *)?)#d 7# (/e1) "99%') L0N3M 7n re
    Canganelli, "3# B)+) 39 (Ban5r) N)D) 7nd) "99"'= 8udson v) <etna 6ife 7ns) Co), .4. 0) *upp) #%9
    - 27-
    1
    2
    (()D) 9o) "9&#'= @ail v) ?estern Convenience *tores, 434 N)?)#d &# (7oCa "9&9'= *tate e1 rel)
    +itthaler v) Gno1, #"7 NeA) 7, 3." N)?)#d 77, "& (d) 6aC +ep) 434 ("9&4'= Daniels v)
    9ontgomery 9ut) 7ns) Co), 3#% N)C) 9, 3% *)()#d 77# ("9&7') L0N4M 7selin v) 6a Coste, "47 0)#d
    79" (C)C)<) .th Cir) "94.'= *ontag Chain *tores Co) v) *uperior Court in and for 6os <ngeles
    County, "& Cal) #d 9#, ""3 ;)#d &9 ("94"'= 6ee v) 8arvey, "94. $G 3, "9. $5la) "7&, ". ;)#d "34
    ("94.'= ;lumA v) Gleimann, #34 *)?)#d 444 (/e1) Civ) <pp) @alveston "9.%', Crit refused n)r)e))
    L0N.M @rand v) 8ope, #74 @a) <pp) #, "7 *)()#d .93 (#%%.', cert) denied, (Dec) ", #%%.') L0NM
    $sAorne v) 9ollman ?ater Conditioning, 7nc), #%%3 $G C7- <;; #%, . ;)3d 3# (Div) 4 #%%#',
    cert) denied, (0eA) #4, #%%3') L0N7M /hac5er v) 8ale, "4 9d) <pp) #%3, &% <)#d 7." (#%%#') L0N&M
    <rmentor v) Gern, #%%. ?6 ".4%%.4 (/e1) <pp) 8ouston "st Dist) #%%.') L0N9M /hompson v)
    /olmie, #7 :)*) ".7, 7 6) (d) 3&", "&#9 ?6 3"77 ("&#9'= *tate v) Clements, #"7 <la) &., ""7 *o)
    #9 ("9#&'= 8epAurn v) Chapman, "%9 0la) "33, "49 *o) "9 ("933'= 7ncorporated Consultants v)
    /odd, "7. $hio *t) 4#., #. $hio $p) #d 44%, "9. N)()#d 7&& ("94'= 6ee v) 8arvey, "94. $G 3,
    "9. $5la) "7&, ". ;)#d "34 ("94.'= ;lumA v) Gleimann, #34 *)?)#d 444 (/e1) Civ) <pp) @alveston
    "9.%', Crit refused n)r)e) L0N"%M 8urst v) <) +) <) 9fg) Co), ... *)?)#d "4" (/e1) Civ) <pp) 0ort
    ?orth "977', Crit refused n)r)e), (Dec) 7, "977')D
    D7U) +(67(0 0+$9 B:D@9(N/* C) Collateral <ttac5 3) @rounds for Collateral <ttac5 A)
    (rrors and 7rregularities in ;roceedings /opic *ummary Correlation /aAle +eferences K 7.7)
    ;articular irregularities in proceedings ?est4s Gey NumAer Digest ?est4s Gey NumAer Digest,
    Budgment 5.%4 to .%4(4' < Eudgment of a court of competent Eurisdiction may not Ae collaterally
    attac5ed on the ground that it Cas rendered upon insufficient evidence=L0N"M in particular, a
    Eudgment may not Ae suAEected to collateral attac5 Ay an e1amination of the evidence for the purpose
    of determining Chether a directed verdict Cas Eustified)L0N#M 7t is a general rule of laC that findings
    of a court may not Ae draCn into 3uestion in a collateral proceeding=L0N3M thus, mista5es in findings
    of facts Ay the court usually are not grounds for a collateral attac5 on the Eudgment)L0N4M /he fact
    that a Eudgment is incorrectly draCn does not render it suAEect to collateral attac5, particularly Chere
    the inaccuracies are mere matters of form,L0N.M Aut even if the court4s Eudgment includes an error of
    laC, that does not render the court4s order void and suAEect to collateral attac5)L0NM 7f the amount of
    the Eudgment is uncertain, hoCever, it may Ae suAEect to collateral attac5)L0N7M < plaintiff may raise a
    collateral attac5 on an order ta1ing costs as a defense to a defendant4s motion to dismiss only if the
    order ta1ing costs Cas void from the Aeginning)L0N&M @enerally, a Eudgment may not Ae attac5ed
    collaterally Aecause of an irregularity in the entry,L0N9M recording, or doc5eting of it)L0N"%M L0N"M
    6aCing v) (rCin, #." @a) "34, 3%3 *)()#d 444 ("9&3'= 8arris v) Chicago 8ouse2?rec5ing Co), 3"4
    7ll) .%%, "4. N)() ("9#4') L0N#M ?agner (lectric 9fg) Co) v) 6yndon, ## :)*) ##, 43 *) Ct)
    .&9, 7 6) (d) 9" ("9#3') L0N3M *tephenson v) Girtley, #9 :)*) "3, 4 *) Ct) .%, 7% 6) (d) #"3
    ("9#.'= Broo5s v) Ba5er, #%& <r5) .4, "&7 *)?)#d "9 ("94.') L0N4M Broo5s v) Ba5er, #%& <r5)
    .4, "&7 *)?)#d "9 ("94.'= *tephenson v) NeC $rleans N N) () +) Co), "&% 9iss) "47, "77 *o) .%9
    ("937') L0N.M ;richard v) Nelson, "37 0)#d 3"# (C)C)<) 4th Cir) "943'= Barrell v) Cole, #". 0) 3".
    (C)C)<) 4th Cir) "9"4') L0NM +oCland v) 0arm Credit Ban5 of *t) 6ouis, 4" <r5) <pp) 79, &4&
    *)?)#d 433 ("993') L0N7M @aston v) +econstruction 0inance Corporation, #37 <la) """, "&. *o) &93
    ("939') L0N&M Daniels v) 9ontgomery 9ut) 7ns) Co), 3#% N)C) 9, 3% *)()#d 77# ("9&7') L0N9M
    *tate e1 rel) +itthaler v) Gno1, #"7 NeA) 7, 3." N)?)#d 77, "& (d) 6aC +ep) 434 ("9&4') L0N"%M
    +eeves v) Bersey City, " N)B) *uper) #3", &4 <)#d 4# (County Ct) "9."')D
    D7U) +(67(0 0+$9 B:D@9(N/* C) Collateral <ttac5 3) @rounds for Collateral <ttac5 c)
    6ac5 of Burisdiction= 7rregularities as to Notice or <ppearance /opic *ummary Correlation /aAle
    +eferences K 7.&) @enerally ?est4s Gey NumAer Digest ?est4s Gey NumAer Digest, Budgment 54&9,
    - 28-
    1
    2
    49., 49 /he general rule is that the aAsence of Eurisdiction of a court to render a particular Eudgment
    constitutes sufficient cause for a collateral attac5 upon the Eudgment)L0N"M /he collateral attac5 may
    Ae made Ay a party Chose rights or interests are adversely affected Ay the EudgmentL0N#M Chenever it
    is sought to Ae enforced)L0N3M ?hile in most Eurisdictions a collateral attac5 may Ae availaAle
    Chether the alleged lac5 of Eurisdiction is in regard to the suAEect mat2terL0N4M or over the parties,
    L0N.M in some instances a Eudgment may not Ae attac5ed, in a collateral proceeding, for a lac5 of
    suAEect2matter Eurisdiction,L0NM and in particular, a party that has had an opportunity to litigate the
    3uestion of suAEect2matter Eurisdiction may Ae Aarred from reopening that 3uestion in a collateral
    attac5 upon an adverse Eudgment)L0N7M 8oCever, general presumptions in favor of the Eurisdiction of
    a court to render a particular Eudgment, and of the presence of Eurisdictional facts, are applicaAle in
    attempts to impeach a Eudgment collaterally)L0N&M /hus, Chen the Eurisdiction of a court is called into
    3uestion in a collateral proceeding, the Eurisdiction presumptively, and in the aAsence of fraud or
    collusion, is conclusively estaAlished Ay an allegation of the Eurisdictional facts contained in a
    verified pleading)L0N9M <pplicaAle principles of full faith and credit permit a collateral attac5 upon a
    recitation of Eurisdiction in a foreign Eudgment Chen the party had no fair opportunity to litigate the
    3uestion in the foreign court)L0N"%M C:9:6</7-( *:;;6(9(N/ Cases: ;ursuant to aAsolute
    verity rules, if the Eurisdictional defect does not appear on the face of the Eudgment roll or record, the
    Eudgment is considered valid and therefore immune from collateral attac5) :)*) v) Bigford, 3. 0)3d
    &.9 ("%th Cir) #%%4') 7n a collateral attac5 on a Eudgment Aased on Eurisdictional defect, the
    recitations of the Eudgment control the rest of the record, and e1trinsic evidence cannot Ae used to
    estaAlish a lac5 of Eurisdiction) NarvaeI v) 9aldonado, "#7 *)?)3d 3"3 (/e1) <pp) <ustin #%%4')
    L(ND $0 *:;;6(9(N/M L0N"M *chCaA v) *outhern California @as Co), ""4 Cal) <pp) 4th "3%&, &
    Cal) +ptr) 3d #7 (4th Dist) #%%4'= 7n re Custody of <yala, 344 7ll) <pp) 3d .74, #79 7ll) Dec) 4.,
    &%% N)()#d .#4 ("st Dist) #%%3'= Gueper v) 9urphy DistriAuting, &34 *)?)#d &7. (9o) Ct) <pp) ()D)
    "99#'= <pple v) (dCards, "#3 9ont) "3., #"" ;)#d "3& ("949'= +udenEa5 $verseas /ravel Co), 7nc) v)
    Deplas, "%% 9isc) #d 9%", 4#% N)>)*)#d 3"3 (N)>) City Civ) Ct) "979'= 9oore v) Connecticut @eneral
    6ife 7ns) Co), 7" *)D) ."#, # N)?)#d 9" ("947') <s to availaAility of collateral attac5 of void
    Eudgments, generally, see K 7.") L0N#M Clingan v) Department of 6aAor and 7ndustries, 7" ?ash)
    <pp) .9%, &% ;)#d 4"7 (Div) " "993') L0N3M Bannoc5 /itle Co) v) 6indsey, & 7daho .&3, 3&& ;)#d
    "%"" ("93'= *pencer v) 0ran5s, "73 9d) 73, "9. <) 3%, ""4 <)6)+) #3 ("937'= Bec5 v) Curti, .
    Nev) 7#, 4. ;)#d %" ("93.') L0N4M 9arin v) <ugedahl, #47 :)*) "4#, 3& *) Ct) 4.#, # 6) (d) "%3&
    ("9"&'= ?est v) Belin, 3"4 <r5) 4%, &.& *)?)#d 97 ("993'= :rich v) *tate, #93 <r5) #4, 737 *)?)#d
    ".. ("9&7'= +oCland v) 0arm Credit Ban5 of *t) 6ouis, 4" <r5) <pp) 79, &4& *)?)#d 433 ("993'=
    9orey 0ish Co) v) +ymer 0oods, 7nc), ".& 7ll) #d "79, "9& 7ll) Dec) 4%9, 3# N)()#d "%#% ("994'=
    <ltman v) Nelson, "97 9ich) <pp) 47, 49. N)?)#d &# ("99#'= 8unt v) 8unt, #9 *o) #d .4& (9iss)
    "99#', on reh4g, ($ct) "4, "994' and (overruled on other grounds Ay, ;oCell v) ;oCell, 44 *o) #d #9
    (9iss) "994''= -on2*eggern v) ?illman, #44 NeA) .., .%& N)?)#d #" ("993'= -anDe?alle v)
    <lAion Nat) Ban5, #43 NeA) 49, .%% N)?)#d . ("993'= 7n re 7nterest of B)8), #4# NeA) 9%, 497
    N)?)#d 34 ("993')= 7n7n re 7nterest of C)?), #39 NeA) &"7, 479 N)?)#d "%. ("99#'= *tate v)
    *ustacha, "%& Nev) ##3, &# ;)#d 9.9 ("99#'= ?arCic5 *chool Committee v) ?arCic5 /eachers4
    :nion, 6ocal 9"., "3 <)#d "#73, 77 (d) 6aC +ep) &" (+)7) "99#') L0N.M 9arin v) <ugedahl, #47
    :)*) "4#, 3& *) Ct) 4.#, # 6) (d) "%3& ("9"&'= Coleman v) Court of <ppeals, Div) No) /Co of *tate
    of $5l), ..% 0) *upp) &" (?)D) $5la) "9&%'= 9orey 0ish Co) v) +ymer 0oods, 7nc), ".& 7ll) #d "79,
    "9& 7ll) Dec) 4%9, 3# N)()#d "%#% ("994'= -anDe?alle v) <lAion Nat) Ban5, #43 NeA) 49, .%%
    N)?)#d . ("993'= *tate v) *ustacha, "%& Nev) ##3, &# ;)#d 9.9 ("99#'= DeCoatsCorth v) Bones,
    4"4 ;a) *uper) .&9, %7 <)#d "%94 ("99#', aff4d in part, rev4d in part on other grounds, .3 ;a) 4"4,
    - 29-
    1
    2
    39 <)#d 79# ("994') L0NM *nell v) Cleveland, 7nc), 3" 0)3d &##, .4 0ed) +) *erv) 3d .# (9th Cir)
    #%%#') L0N7M 7nsurance Corp) of 7reland, 6td) v) Compagnie des Bau1ites de @uinee, 4. :)*) 94,
    "%# *) Ct) #%99, 7# 6) (d) #d 49#, 34 0ed) +) *erv) #d " ("9&#'= ;ratt v) -entas, 7nc), 3. 0)3d ."4,
    #%%4 0(D <pp) %""3; (th Cir) #%%4'= Donovan v) 9aIIola, 7" 0)#d "4"" (9th Cir) "9&.' (3uestion
    is one of opportunity, not Chether the issue Cas actually litigated') L0N&M Coleman v) Court of
    <ppeals, Div) No) /Co of *tate of $5l), ..% 0) *upp) &" (?)D) $5la) "9&%'= 9agevney v) Garsch,
    "7 /enn) 3#, . *)?)#d .#, 9# <)6)+) 343 ("933') L0N9M 9ayer v) 9anton Cor5 Corp), "# <)D)#d
    .#, ."% N)>)*)#d 49 (#d Dep4t "9&7') L0N"%M *laughter v) Com), ### -a) 7&7, #&4 *)()#d &#4
    ("9&"')D
    D7U) +(67(0 0+$9 B:D@9(N/* C) Collateral <ttac5 3) @rounds for Collateral <ttac5 c)
    6ac5 of Burisdiction= 7rregularities as to Notice or <ppearance /opic *ummary Correlation /aAle
    +eferences K 7.9) 7rregularities as to notice, process, or appearance ?est4s Gey NumAer Digest
    ?est4s Gey NumAer Digest, Budgment 549%().' to 49# < Eudgment may Ae attac5ed at any time Chen
    the face of the record reveals that no Eurisdiction Cas oAtained over a party Aecause service of process
    Cas not perfected)L0N"M /hus, in the aAsence of a Caiver of service, a Eudgment rendered against a
    party Cho has not Aeen properly served Cith process of the court, and Cho has not appeared, is an
    aAsolute nullity, and such a nullity may Ae asserted collaterally)L0N#M 8oCever, it Cill Ae presumed
    that the finding of a court that it has Eurisdiction over the parties to an action is Aased upon sufficient
    proof of notice, and such finding may not Ae collaterally attac5ed Chere there is nothing in the record
    to shoC otherCise)L0N3M < distinction may Ae made AetCeen cases Chere no service of summons is
    had upon the defendant and Chere there is a service Chich is defective or irregular)L0N4M ?hile a
    defective notice may render the Eudgment void for lac5 of notice,L0N.M some irregularities are not
    sufficient to Eustify alloCing a collateral attac5 on the Eudgment)L0NM < failure to afford oneself of
    availaAle remedies or an appeal in the action may also preclude any collateral attac5)L0N7M <s to the
    return of service, the general rule is that a Eudgment cannot Ae collaterally attac5ed on the ground that
    the return Cas defective, irregular, or informal, particularly Chere the defect or irregularity is
    amendaAle)L0N&M <dditionally, an irregularity in connection Cith the service of process Ay
    puAlication does not necessarily render the Eudgment suAEect to collateral attac5)L0N9M <n
    unauthoriIed appearance of counsel on Aehalf of a party otherCise not served Cith process may result
    in the suAse3uent Eudgment Aeing suAEect to collateral attac5 in some Eurisdictions or circumstances,
    L0N"%M Chile such a Eudgment is not suAEect to collateral attac5 in oth2ers)L0N""M L0N"M Girchoff v)
    Benne, &"9 *o) #d 9.9 (0la) Dist) Ct) <pp) 4th Dist) #%%#') L0N#M DeNardo v) 9unicipality of
    <nchorage, 77. ;)#d .". (<las5a "9&9'= (ly v) :)*) Coal N Co5e Co), #43 Gy) 7#., 49 *)?)#d "%#"
    ("93#'= *tate v) 9cCreary, "9 *o) #d 7.. (6a) Ct) <pp) 4th Cir) "993') L0N3M 8olliday v) <rthur, #4"
    7oCa ""93, 44 N)?)#d 7"7, #4 <)6)+)#d "3%# ("9.%'= 9orris ;lan Co) of 7oCa v) Bruner, 4.&
    N)?)#d &.3 (7oCa Ct) <pp) "99%') L0N4M 8oneyCell v) <aron, ##& 9iss) #&4, && *o) #d ..& ("9.')
    L0N.M 9eritor 9ortg) Corp)2(ast v) 8enderson, 4#" ;a) *uper) 339, "7 <)#d "3#3 ("99#') L0NM
    6)C) Bones /ruc5ing Co) v) *uperior $il Co), & ?yo) 3&4, #34 ;)#d &%# ("9."') L0N7M <guirre v)
    9oor ;ar5 7nv) Co), .7% *)?)#d "%3 (/e1) Civ) <pp) (l ;aso "97&', dismissed, (Dec) , "97&') L0N&M
    +eed v) @eneral 9otors <cceptance Corp), ##& 9iss) "#", &7 *o) #d 9. ("9.') L0N9M Noonan v)
    9ontgomery, #4 <riI) 3"", #%9 ;) 3%#, #. <)6)+) "#." ("9##'= Douglas County v) 0eenan, "4 NeA)
    "., "& N)?)#d 74%, ".9 <)6)+) .9 ("94.') L0N"%M ?eAer v) ;oCers, #"3 7ll) 37%, 7# N)() "%7%
    ("9%4'= *5yline <gency, 7nc) v) <mArose Coppotelli, 7nc), ""7 <)D)#d "3., .%# N)>)*)#d 479 (#d
    Dep4t "9&') L0N""M @agnon Co) v) Nevada Desert 7nn, 4. Cal) #d 44&, #&9 ;)#d 4 ("9..'= Co1 v)
    0irst Nat) Ban5 of ?oodlaCn, 4# N)()#d 4# (7nd) Ct) <pp) "st Dist) "9&"'= Cooper v) 6ittle, #9
    /enn) <pp) &., #%" *)?)#d #"% ("94')D
    - 30-
    1
    2
    DK 7%) (ffect of status of record as to Eurisdiction ?est4s Gey NumAer Digest ?est4s Gey
    NumAer Digest, Budgment 5497("' to 497(3' 7n general, a Eudgment is suAEect to collateral attac5 for
    lac5 of Eurisdiction if the Eurisdictional defect is apparent on the face of the record)L0N"M 7f the
    Eurisdictional defect does not appear on the face of the Eudgment roll or record, the Eudgment is
    considered valid and therefore immune from collateral attac5)L0N#M :nder this rule, the validity of a
    Eudgment Chen collaterally attac5ed must Ae tried Ay an inspection of the record alone,L0N3M and no
    other or further evidence on the suAEect is admissiAle,L0N4M even though such evidence might Ae
    sufficient to impeach the Eudgment in a direct proceeding against it)L0N.M ?here the record is silent,
    it Cill Ae presumed that Eurisdictional facts Cere duly proved)L0NM < collateral attac5 upon a
    Eudgment on the ground of the aAsence of Eurisdiction is precluded Ay statements in the record in
    regard to Eurisdiction or in regard to the presence of particular Eurisdictional facts)L0N7M /he
    recitations of the Eudgment control the rest of the record, and e1trinsic evidence cannot Ae used to
    estaAlish a lac5 of Eurisdiction)L0N&M /hus, a recital in the record as to the presence of Eurisdictional
    facts may not Ae impeached or contradicted in a collateral proceeding Ay evidence outside the record)
    L0N9M 7n determining Chether a lac5 of Eurisdiction is apparent from the record, so as to Carrant
    collateral attac5 on the Eudgment, the court loo5s to the Chole record, Chich includes the pleadings,
    the return on the process, the verdict of the Eury, and the Eudgment or decree of the court)L0N"%M 7n
    general, a recital in a Eudgment of the presence of a Eurisdictional fact may Ae impeached in a
    collateral proceeding Ay a positive contrary shoCing of the remainder of the record upon Chich the
    Eudgment is Aased)L0N""M /his is particularly true Chere the recital in the Eudgment e1pressly refers
    to the record evidence upon Chich it is Aased)L0N"#M /he recital is regarded, in collateral
    proceedings, as conclusive, hoCever, unless the contradiction Ay other parts of the record is direct,
    e1plicit, and irreconcilaAle)L0N"3M C:9:6</7-( *:;;6(9(N/ Cases: ?hen an order or a
    Eudgment of a court is collaterally attac5ed, the only evidence that may Ae considered in determining
    Chether the order or Eudgment is void is the record in the proceeding in Chich it Cas entered= if the
    record is silent as to the e1istence of a Eurisdictional fact, that fact Cill Ae presumed) ;eople v)
    <llegheny Cas) Co), 4" Cal) 4th 7%4, " Cal) +ptr) 3d &9, "" ;)3d "9& (#%%7') < collateral attac5 of
    a Eudgment fails if the Eudgment contains Eurisdictional recitals, even if other parts of the record shoC
    a lac5 of Eurisdiction) Bohnson v) -entling, "3# *)?)3d "73 (/e1) <pp) Corpus Christi #%%4') L(ND
    $0 *:;;6(9(N/M L0N"M 9anning v) ?ingo, .77 *o) #d &. (<la) "99"'= +oCland v) 0arm Credit
    Ban5 of *t) 6ouis, 4" <r5) <pp) 79, &4& *)?)#d 433 ("993'= ;eople v) Cavanna, #"4 Cal) <pp) 3d
    "%.4, #3 Cal) +ptr) "77 (#d Dist) "9&9'= *teffens v) *teffens, 4%& 7ll) ".%, 9 N)()#d 4.& ("9."'=
    8anson v) ?oolston, 7%" N)?)#d #.7 (9inn) Ct) <pp) #%%.', revieC denied, ($ct) "&, #%%.') L0N#M
    :)*) v) Bigford, 3. 0)3d &.9 ("%th Cir) #%%4') L0N3M +eeves v) Bersey City, " N)B) *uper) #3", &4
    <)#d 4# (County Ct) "9."'= (1 parte 8igdon, 3% ?ash) #d .4, "9# ;)#d 744 ("94&') L0N4M
    <ramovich v) Doles, #44 7nd) .&, "9. N)()#d 4&" ("94'= *tate e1 rel) *teCart v) Blair, 3.7 9o)
    #&7, #%& *)?)#d #& ("947') L0N.M +ay v) +ay, 33% 9o) .3%, .% *)?)#d "4# ("93#'= (1 parte
    8igdon, 3% ?ash) #d .4, "9# ;)#d 744 ("94&') L0NM ;ettit v) <merican Nat) Ban5 of <ustin, "9&#
    $G &., 49 ;)#d .#. ($5la) "9&#') L0N7M Ballard v) 8unter, #%4 :)*) #4", #7 *) Ct) #", ." 6) (d)
    4" ("9%7'= /oles v) /oles, ""3 *)?)3d &99 (/e1) <pp) Dallas #%%3') L0N&M NarvaeI v) 9aldonado,
    "#7 *)?)3d 3"3 (/e1) <pp) <ustin #%%4') L0N9M +oAinson v) $lin 0ederal Credit :nion, 4& B)+) 73#
    (D) Conn) "9&4'= 6ampson 6umAer Co) v) 8oer, "39 Conn) #94, 93 <)#d "43 ("9.#'= 8uffstutlar v)
    Goons, 7&9 *)?)#d 7%7 (/e1) <pp) Dallas "99%') L0N"%M *tate Ban5 of 6a5e Zurich v) /hill, ""3 7ll)
    #d #94, "%% 7ll) Dec) 794, 497 N)()#d "". ("9&') L0N""M /eynor v) 8eiAle, 74 ?ash) ###, "33 ;) "
    ("9"3'= 6)C) Bones /ruc5ing Co) v) *uperior $il Co), & ?yo) 3&4, #34 ;)#d &%# ("9."') L0N"#M
    - 31-
    1
    2
    /eynor v) 8eiAle, 74 ?ash) ###, "33 ;) " ("9"3') L0N"3M /oCn of ;oint ;leasant v) @reenlee N
    8arden, 3 ?) -a) #%7, % *)() %" ("9%7')D
    DK 7") (ffect of status of record as to notice or process ?est4s Gey NumAer Digest ?est4s
    Gey NumAer Digest, Budgment 549.(#', 497(#', 497(3' ?hile a Eurisdictional challenge in a
    collateral proceeding may Ae Aased on inade3uate service,L0N"M the failure of the record of a court of
    general Eurisdiction to recite a service of summons alone does not suAEect the Eudgment to collateral
    attac5)L0N#M ?here the record of a Eudgment is silent Cith respect to the shoCing of service or notice
    on the parties, it may not Ae collaterally attac5ed Ay evidence outside the Eudgment record)L0N3M
    8oCever, the rule that a Eudgment may Ae suAEect to collateral attac5 Aecause of its rendition against
    one Cho Cas never legally served Cith process of the court may Ae applied Chere the aAsence, or
    defect, of notice or of service of process appears upon the record)L0N4M /he recital of due service of
    process, in the Eudgment, may Ae impeached in a collateral proceeding Ay a positive contrary shoCing
    of the remainder of the record upon Chich the Eudgment is Aased)L0N.M ?here the remainder of the
    record positively shoCs a void service of process, the recital in the Eudgment does not give rise in a
    collateral proceeding to a presumption of another service)L0NM 8oCever, there is authority for the
    vieC that upon collateral attac5 a recital in a Eudgment of due service of process upon a defendant
    imports aAsolute verity and may not Ae contradicted Ay other portions of the record shoCing a failure
    to comply Cith the re3uirements of laC as to service of process)L0N7M < recital in a Eudgment of due
    process ordinarily may Ae impeached or contradicted upon collateral attac5 Ay an officer4s return
    appearing in the record, particularly Chere the recital in the Eudgment refers to and identifies the
    process or the return upon Chich the recital is Aased)L0N&M L0N"M Nore1 ;etroleum 6td) v) <ccess
    7ndustries, 7nc), 4" 0)3d "4 (#d Cir) #%%.') L0N#M <nderson4s Committee v) <nderson4s <dm4r, ""
    Gy) "&, "7% *)?) #"3 ("9"4') L0N3M 6ampson 6umAer Co) v) 8oer, "39 Conn) #94, 93 <)#d "43
    ("9.#'= <ramovich v) Doles, #44 7nd) .&, "9. N)()#d 4&" ("94') L0N4M Chaney v) +eddin, "949
    $G , #%" $5la) #4, #%. ;)#d 3"%, & <)6)+)#d 337 ("949'= Gnapp v) ?allace, .% $r) 34&, 9# ;)
    "%.4 ("9%7') L0N.M ;oCell v) /urpin, ##4 N)C) 7, #9 *)()#d # ("944'= /eynor v) 8eiAle, 74 ?ash)
    ###, "33 ;) " ("9"3'= /oCn of ;oint ;leasant v) @reenlee N 8arden, 3 ?) -a) #%7, % *)() %"
    ("9%7'= 6)C) Bones /ruc5ing Co) v) *uperior $il Co), & ?yo) 3&4, #34 ;)#d &%# ("9."') L0NM
    ;oCell v) /urpin, ##4 N)C) 7, #9 *)()#d # ("944'= /oCn of Brighton v) /oCn of Charleston, ""4
    -t) 3", 44 <)#d #& ("94.') L0N7M *CitIer v) *mith, 3%% *)?) 3", & <)6)+) 377 (/e1) Comm4n
    <pp) "9#7') L0N&M /eynor v) 8eiAle, 74 ?ash) ###, "33 ;) " ("9"3')D
    0urther, Ay virtue of the admissions made Ay Aoth the *BN and its Cler5 of Court ;eters and
    +C< Chief Criminal Deputy City <ttorney ?ong, a level of complicity and prosecutorial misconduct
    is evinced in Cler5 of Court ;eters failure to include the tCo purported filings in 3uestion in the
    record on appeal transmitted from N@"#2%#%4,%434,%43. to the N*C/ in #337 (ie, those purported
    filings of "!3!"3 and "!"7!"3':
    D777) /itle, /enure, +emoval, or *uspension C) +emoval or *uspension from $ffice ")
    +emoval from $ffice K #") @rounds for removalS;articular applications ?est4s Gey NumAer Digest
    ?est4s Gey NumAer Digest, Cler5s of Courts 5& (1amples of sufficient grounds for removing a cler5
    of court from office include: V misappropriation of funds to the cler54s personal useL0N"M V a
    conviction of theft in office giving rise to a statutory dis3ualificationL0N#M V the failure to maintain
    proper records and accountsL0N3M V ma5ing disparaging statements aAout a EudgeL0N4M V an offense
    involving moral turpitudeL0N.M V Cillful misconduct in officeL0NM V failure to folloC to the letter
    and in the utmost good faith the direction of the EudgeL0N7M V misfeasance in office or neglect of
    official duty tantamount to fraudL0N&M L0N"M 6eCis v) *tate e1 rel) (vans, 3&7 *o) #d 79. (<la)
    "9&%') L0N#M *tate e1 rel) Corrigan v) 8aAere5, 3. $hio *t) 3d ".%, ."& N)()#d "#% ("9&&') L0N3M
    - 32-
    1
    2
    7n re $verstreet, &." *)?)#d 4.& (Gy) "993') L0N4M -oigt v) *avell, 7% 0)3d "..# (9th Cir) "99.')
    L0N.M 6eCis v) *tate e1 rel) (vans, 3&7 *o) #d 79. (<la) "9&%') L0NM 7n re <ntonelli, 4#9 9ass)
    44, 7"" N)()#d "%4 ("999') L0N7M *tate e1 rel) Core v) 9errifield, #%# ?) -a) "%%, .%# *)()#d "97
    ("99&') L0N&M CommonCealth e1 rel) <ttorney @eneral v) 0urste, #&& Gy) 3.&, ". *)?)#d "9&
    ("94"') <9B:+ C6(+G*$0C/ K #"D
    <) 6iaAility for Negligence or 9isconduct ") 7n @eneral /opic *ummary Correlation /aAle
    +eferences K ..) @enerally ?est4s Gey NumAer Digest ?est4s Gey NumAer Digest, Cler5s of Courts
    57# to 7. <s a puAlic administrative officerL0N"M or ministerial officer, a court cler5 is ansCeraAle
    for any act of negligence or misconduct in office resulting in an inEury to the complaining party,L0N#M
    or a violation of applicaAle standards of professional conduct,L0N3M in the aAsence of immunity)
    L0N4M /o render the cler5 of a court and the sureties on the cler54s official Aond liaAle for the cler54s
    misfeasance, the complaining party must shoC a duty on the part of the cler5,L0N.M a Areach of the
    duty, and conse3uent damage to the complainant,L0NM meeting the normal standards of direct and
    pro1imate cause)L0N7M ;ractice /ip: 7n a professional disciplinary proceeding resulting in the censure
    of a court cler5, the cler54s status as an attorney raised the applicaAle standards of performance higher
    than otherCise might apply to a nonattorney holding the position)L0N&M Caution: 9onetary sanctions
    against a county circuit court cler5 Cere Carranted Chere evidence shoCed that the cler5
    misunderstood the nature and severity of the serious mista5es that repeatedly occurred in the cler54s
    offices including the failure to provide notice of the entry of civil orders and Eudgments to parties)
    L0N9M < court cler5 may Ae suAEect to criminal liaAility for misconduct or Crongful acts on the course
    of his or her duties and in violation of criminal statutes)L0N"%M L0N"M (1 parte City of /us5egee, 93#
    *o) #d &9. (<la) #%%.') L0N#M *amuel v) 9ichaud, 9&% 0) *upp) "3&" (D) 7daho "99', aff4d, "#9 0)3d
    "#7 (9th Cir) "997'= 9acGerron v) 9acGerron, .7" <)#d &"% (9e) "99%') L0N3M 7n re Dunn, #%""
    ?6 "3"39.3 (9iss) #%""' (monetary sanctions'= 7n re Chepiga, .7 <)D)3d "%&9, && N)>)*)#d 4"
    (3d Dep4t #%%&' (censure') L0N4M KK .& to %) L0N.M 8arms v) Bierman, 3" 7ll) <pp) 3d #.%, #9 7ll)
    Dec) 79", &3 N)()#d #% (3d Dist) #%%.' (cler5 had no duty to convey vacating order to sheriff4s
    office'= BoAo v) *tate, 34 9d) 7%, 97 <)#d "37" ("997') L0NM 7nstallment ;lan, 7nc) v) Bustice,
    #%9 *o) #d & (6a) Ct) <pp) 4th Cir) "9&', cert) denied= 6oper v) <ustin, "979 $G &4, .9 ;)#d .44
    ($5la) "979') L0N7M Coo5 v) City of /ope5a, #3# Gan) 334, .4 ;)#d 9.3, 34 <)6)+)4th ""7# ("9&#'=
    ;raggastis v) Clac5amas County, 3%. $r) 4"9, 7.# ;)#d 3%# ("9&&'= CommonCealth 0ederal *av) and
    6oan <ss4n v) ;ettit, "37 ;a) CommC) .#3, .& <)#d "%#" ("99"') L0N&M 7n re Chepiga, .7 <)D)3d
    "%&9, && N)>)*)#d 4" (3d Dep4t #%%&') L0N9M 7n re Dunn, #%"" ?6 "3"39.3 (9iss) #%""') L0N"%M
    *tate v) @reene, "7" @a) <pp) 3#9, 3#% *)()#d "&3 ("9&4' (falsifying puAlic records as violation of
    oath of puAlic officer'= BroCn v) *tate, &4 N)()#d .#9 (7nd) Ct) <pp) "997' (violation of ghost
    employment statute')
    $ne Cho has suffered an inEury from a cler54s failure to properly perform a specific duty
    imposed Ay laC has a cause of action against the officer, founded not on contract, Aut on the Areach of
    the duty) 9c@ee v) 8ic5s, 3%3 @a) <pp) "3%, 93 *)()#d "3% (#%"%', cert) granted, (*ept) #%, #%"%'
    and aff4d Aut criticiIed on other grounds, "" 0ulton County D) +ep) #%9, #%"" ?6 #"%3& (@a)
    #%""' (action for negligence')
    < Crit of mandamus may issue to compel a cler54s performance of nondiscretionary
    administrative duties,L0N"M or ministerial acts,L0N#M or an act Chich the laC specially enEoins as a
    duty resulting from the office,L0N3M including: V filing papersL0N4M V recording orders properly
    endorsed Ay the Eudge for entry of recordL0N.M V searching records in the cler54s custodyL0NM V
    processing affidavits to proceed in forma pauperisL0N7M
    - 33-
    1
    2
    L0N"M *tate e1 rel) DeAlasio v) Bac5son, ##7 ?) -a) #%, 7%7 *)()#d 33 (#%""') L0N#M
    $4Connor v) 0irst Court of <ppeals, &37 *)?)#d 94 (/e1) "99#') 9andamus to compel ministerial
    duty to receive, file, and forCard application for Crit of haAeas corpus) Benson v) District Cler5, 33"
    *)?)3d 43" (/e1) Crim) <pp) #%""') L0N3M 8umphrey v) 9auIy, ".. ?) -a) &9, "&" *)()#d 3#9
    ("97"') L0N4M Burnham v) Cler5 of 0irst Dist) Court of (sse1, 3.# 9ass) 4, ## N)()#d "9%
    ("97'= Benson v) District Cler5, 33" *)?)3d 43" (/e1) Crim) <pp) #%""') L0N.M 8umphrey v)
    9auIy, ".. ?) -a) &9, "&" *)()#d 3#9 ("97"') L0NM *tate v) *coC, 93 9inn) "", "%% N)?) 3&#
    ("9%4')
    /he +9C4s oCn 6isa @ardner failed to file in and failed to transmit int he +$< in C+"#2"##
    (see "9%" and #337, "3&3' Coughlin4s timely notice of appeal on !#&!"# as to the !#&!"#
    conviction for criminal trespass in +9C "" C+ #4%.)
    < deputy cler5 of court is liaAle to the cler5 for Crongful acts done under the color of the
    deputy cler54s office Chich result in the principal cler5 Aeing held responsiAle in damages)L0N"M <
    deputy cler5 may also Ae held personally liaAle to a third person for an act of misfeasance or some
    positive Crongful act under color of the deputed authority)L0N#M < deputy court cler5 may Ae suAEect
    to criminal liaAility Ay statute for specified Crongful acts in office)L0N3M L0N"M 9oore v) 9cGinley,
    % 7oCa 37, "4 N)?) 7& ("&&3') L0N#M 9ills v) @anucheau, 4" *o) #d 3" (6a) Ct) <pp) 4th Cir)
    "9&#') L0N3M 6arson v) *tate, .4 ;)#d 3. (<las5a "977')
    -7) 6iaAilities and +emedies <) 6iaAility for Negligence or 9isconduct ") 7n @eneral /opic
    *ummary Correlation /aAle +eferences K ..) @enerally ?est4s Gey NumAer Digest ?est4s Gey
    NumAer Digest, Cler5s of Courts 57# to 7. <s a puAlic administrative officerL0N"M or ministerial
    officer, a court cler5 is ansCeraAle for any act of negligence or misconduct in office resulting in an
    inEury to the complaining party,L0N#M or a violation of applicaAle standards of professional conduct,
    L0N3M in the aAsence of immunity)L0N4M /o render the cler5 of a court and the sureties on the cler54s
    official Aond liaAle for the cler54s misfeasance, the complaining party must shoC a duty on the part of
    the cler5,L0N.M a Areach of the duty, and conse3uent damage to the complainant,L0NM meeting the
    normal standards of direct and pro1imate cause)L0N7M ;ractice /ip: 7n a professional disciplinary
    proceeding resulting in the censure of a court cler5, the cler54s status as an attorney raised the
    applicaAle standards of performance higher than otherCise might apply to a nonattorney holding the
    position)L0N&M Caution: 9onetary sanctions against a county circuit court cler5 Cere Carranted
    Chere evidence shoCed that the cler5 misunderstood the nature and severity of the serious mista5es
    that repeatedly occurred in the cler54s offices including the failure to provide notice of the entry of
    civil orders and Eudgments to parties)L0N9M < court cler5 may Ae suAEect to criminal liaAility for
    misconduct or Crongful acts on the course of his or her duties and in violation of criminal statutes)
    L0N"%M L0N"M (1 parte City of /us5egee, 93# *o) #d &9. (<la) #%%.') L0N#M *amuel v) 9ichaud, 9&%
    0) *upp) "3&" (D) 7daho "99', aff4d, "#9 0)3d "#7 (9th Cir) "997'= 9acGerron v) 9acGerron, .7"
    <)#d &"% (9e) "99%') L0N3M 7n re Dunn, #%"" ?6 "3"39.3 (9iss) #%""' (monetary sanctions'= 7n re
    Chepiga, .7 <)D)3d "%&9, && N)>)*)#d 4" (3d Dep4t #%%&' (censure') L0N4M KK .& to %) L0N.M
    8arms v) Bierman, 3" 7ll) <pp) 3d #.%, #9 7ll) Dec) 79", &3 N)()#d #% (3d Dist) #%%.' (cler5 had
    no duty to convey vacating order to sheriff4s office'= BoAo v) *tate, 34 9d) 7%, 97 <)#d "37"
    ("997') L0NM 7nstallment ;lan, 7nc) v) Bustice, #%9 *o) #d & (6a) Ct) <pp) 4th Cir) "9&', cert)
    denied= 6oper v) <ustin, "979 $G &4, .9 ;)#d .44 ($5la) "979') L0N7M Coo5 v) City of /ope5a, #3#
    Gan) 334, .4 ;)#d 9.3, 34 <)6)+)4th ""7# ("9&#'= ;raggastis v) Clac5amas County, 3%. $r) 4"9,
    7.# ;)#d 3%# ("9&&'= CommonCealth 0ederal *av) and 6oan <ss4n v) ;ettit, "37 ;a) CommC) .#3,
    .& <)#d "%#" ("99"') L0N&M 7n re Chepiga, .7 <)D)3d "%&9, && N)>)*)#d 4" (3d Dep4t #%%&')
    L0N9M 7n re Dunn, #%"" ?6 "3"39.3 (9iss) #%""') L0N"%M *tate v) @reene, "7" @a) <pp) 3#9, 3#%
    - 34-
    1
    2
    *)()#d "&3 ("9&4' (falsifying puAlic records as violation of oath of puAlic officer'= BroCn v) *tate,
    &4 N)()#d .#9 (7nd) Ct) <pp) "997' (violation of ghost employment statute')
    77) Contempt of Court 0) -iolation of $rders <s Contempt 3) (ffect of (rror or 7nvalidity a) 7n
    @eneral /opic *ummary Correlation /aAle +eferences K "#&) -oid or invalid orders ?est4s Gey
    NumAer Digest ?est4s Gey NumAer Digest, Contempt 5#%, #" <)6)+) 6iArary +ight to punish for
    contempt for failure to oAey court order or decree either Aeyond poCer or Eurisdiction of court or
    merely erroneous, "# <)6)+) #d "%.9 ?hile a court order that is merely erroneous must Ae oAeyed,
    L0N"M a court cannot punish as contempt a violation of an order Aeyond the court4s poCer or
    Eurisdiction)L0N#M 7t is not contempt to disoAey a void order,L0N3M as court orders that are
    transparently invalid or patently frivolous need not Ae oAeyed)L0N4M /he fact that an order goes
    Aeyond the findings on Chich, alone, it is Aased constitutes an e1cuse in contempt proceedings Aased
    on its violation)L0N.M < charge of voidness of the allegedly violated order, as distinguished from a
    mere charge of erroneousness, may Ae raised in a collateral proceeding for contempt)L0NM 6ac5 of
    Eurisdiction or poCer of the court to ma5e the order allegedly violated may Ae raised on appeal from a
    Eudgment of conviction for contempt)L0N7M <n aAsence of Eurisdiction may Ae shoCn not only Chere
    the court rendering the Eudgment or order on Chich the contempt proceeding is Aased has no
    Eurisdiction of the 5ind or class of action, as Chere a court of laC attempts to render a decree of
    specific performance, or of the suAEect matter or res or the parties involved in the particular suit or
    action, Aut also Chere the court attempts to ma5e a particular order that transcends its poCer or
    authority, as Chere a court in an action on a money demand attempts to commit the defendant to
    prison)L0N&M ;ractice @uide: ;rohiAition is proper to restrain a Eudge from punishing for contempt,
    Chere the Eudge is proceeding Aeyond the court4s Eurisdiction or is proceeding erroneously Cithin its
    Eurisdiction)L0N9M C:9:6</7-( *:;;6(9(N/ Cases: -oidness of a court order is an aAsolute
    defense to a contempt charge) *heCarega v) >egIaC, 947 <)#d 47 (D)C) #%%&') <n order entered
    Cithout either suAEect matter Eurisdiction or Eurisdiction over the parties is void and cannot provide
    the Aasis for a finding of contempt) Gonvalin5a v) Chattanooga28amilton County 8osp) <uthority,
    #49 *)?)3d 34 (/enn) #%%&') <n order is not rendered void or unlaCful Ay Aeing erroneous or
    suAEect to reversal on appeal and may provide Aasis for contempt= rather, erroneous orders must Ae
    folloCed until they are reversed) Gonvalin5a v) Chattanooga28amilton County 8osp) <uthority, #49
    *)?)3d 34 (/enn) #%%&') DisoAedience of, or resistance to a void order, Eudgment, or decree is not
    contempt) *asson v) *henhar, #7 -a) "", 7 *)()#d ... (#%%&') 7n general, a court order that is
    merely erroneous must Ae oAeyed and may not Ae collaterally attac5ed in a contempt proceeding= a
    void order, hoCever, may Ae attac5ed at any time) 7n re (states of *maldino, "." ?ash) <pp) 3.,
    #"# ;)3d .79 (Div) " #%%9') L(ND $0 *:;;6(9(N/M L0N"M K "#7) L0N#M (1 parte @eorge, 37"
    :)*) 7#, &3 *) Ct) "7&, 9 6) (d) #d "33 ("9#'= +iccard v) ;rudential 7ns) Co), 3%7 0)3d "#77, .3 0ed)
    +) *erv) 3d "4% (""th Cir) #%%#'= ;hoeni1 NeCspapers, 7nc) v) *uperior Court 7n and 0or 9aricopa
    County, "%" <riI) #.7, 4"& ;)#d .94 ("9'= 7n re Berry, & Cal) #d "37, . Cal) +ptr) #73, 43 ;)#d
    #73 ("9&'= ;eople v) ;routy, ## 7ll) #"&, "%4 N)() 3&7 ("9"4'= <llen v) 7oCa Dist) Court for ;ol5
    County, .&# N)?)#d .% (7oCa "99&'= *ave29or Drugs, Bethesda, 7nc) v) :pEohn Co), ##. 9d) "&7,
    "7% <)#d ##3 ("9"'= 9c8enry v) *tate, 9" 9iss) .#, 44 *o) &3" ("9%7'= Del ;apa v) *teffen, ""#
    Nev) 39, 9". ;)#d #4. ("99'= *pector v) <llen, #&" N)>) #.", ## N)()#d 3% ("939'= Com) v) +yan,
    4.9 ;a) "4&, 3#7 <)#d 3." ("974'= Doe v) Board of ;rofessional +esponsiAility of *upreme Court of
    /ennessee, "%4 *)?)3d 4. (/enn) #%%3'= +oAertson v) Com), "&" -a) .#%, #. *)()#d 3.#, "4
    <)6)+) 9 ("943'= *tate v) BreaIeale, "44 ?ash) #d &#9, 3" ;)3d "".. (#%%"'= *tate v) +am2say, "
    ?is) #d ".4, ""4 N)?)#d ""& ("9#') L0N3M (lysium, 7nc) v) *uperior Court for 6os <ngeles County,
    # Cal) <pp) #d 73, 7# Cal) +ptr) 3.. (#d Dist) "9&'= 8ernreich v) Juinn, 3.% 9o) 77%, "&
    - 35-
    1
    2
    *)?)#d "%.4 ("943'= 7n re @uardianship of BadCisia5, 4 $hio *t) 3d "7, .93 N)()#d "379 ("99#')
    <s to partially void orders, see K "#9) L0N4M 7n re Nova5, 93# 0)#d "397, #% 0ed) +) *erv) 3d "% (""th
    Cir) "99"') /he transparently invalid e1ception to the collateral2Aar doctrine, Aarring a party from
    challenging a district court order Ay violating it, is only availaAle to a party Cho has either made a
    good faith effort to oAtain emergency relief from the appellate court or Cho shoCs compelling
    circumstances e1cusing the decision not to see5 some 5ind of emergency relief) 7n re Criminal
    Contempt ;roceedings <gainst @erald CraCford, 9ichael ?arren, 3#9 0)3d "3", .. 0ed) +) *erv) 3d
    3% (#d Cir) #%%3') L0N.M @ulic5 v) 8amilton, #93 7ll) "#, "#7 N)() 3&3, 9 <)6)+) "#9 ("9#%')
    L0NM ;hoeni1 NeCspapers, 7nc) v) *uperior Court 7n and 0or 9aricopa County, "%" <riI) #.7, 4"&
    ;)#d .94 ("9' (prohiAition'= 9ayer v) 9ayer, 3 Del) Ch) 4.7, "3# <)#d "7 ("9.7'= 9c8enry v)
    *tate, 9" 9iss) .#, 44 *o) &3" ("9%7'= *tate v) 6eC, #. ?ash) #d &.4, "7# ;)#d #&9 ("94') <s to
    erroneous orders, see K "#7) L0N7M 7n re Gramer, 7. N)?)#d 7.3 (N)D) "9.') L0N&M Brougham v)
    $ceanic *team Navigation Co), #%. 0) &.7 (C)C)<) #d Cir) "9"3'= Brady v) *uperior Court 7n and 0or
    *an 9ateo County, #%% Cal) <pp) #d 9, "9 Cal) +ptr) #4# ("st Dist) "9#'= +udd v) +udd, "&4 Gy)
    4%%, #"4 *)?) 79" ("9"9') L0N9M Getscher v) *uperior Court, 9 Cal) <pp) 3d %", && Cal) +ptr) 3.7
    (.th Dist) "97%'= 8err v) 8umphrey, #77 Gy) 4#", "# *)?)#d &%9, "#" <)6)+) 9.4 ("939') T #%"#
    /homson +euters) 33234B T #%"# /homson +euters!+7<) No Claim to $rig) :)*) @ovt) ?or5s) <ll
    rights reserved) <9B:+ C$N/(9;/ K "#&
    77) Contempt of Court 0) -iolation of $rders <s Contempt 4) (ffect of $ther Circumstances
    /opic *ummary Correlation /aAle +eferences K "37) 7ndefiniteness or vagueness of order ?est4s Gey
    NumAer Digest ?est4s Gey NumAer Digest, Contempt 5#%, #", #3 Before a person may Ae held in
    contempt for violating a court order, the order should inform the person in definite terms as to the
    duties thereAy imposed,L0N"M and the mandate alleged to Ae violated must Ae clearly e1pressed rather
    than implied)L0N#M Contempt may only Ae estaAlished if the order allegedly violated is clear and
    unamAiguousL0N3M or, as some courts have said, definite and specific)L0N4M ;unishment for
    contempt can only rest on a clear, intentional violation of a specific, narroCly draCn order=
    specificity is an essential prere3uisite of a contempt citation)L0N.M 7n determining Chether an order is
    sufficiently specific to support a conviction for contempt, the court should consider the entire
    Aac5ground Aehind the order, including the conduct the order Cas meant to enEoin or secure, the
    interests that it Cas trying to protect, the manner in Chich it Cas trying to protect them, and any past
    violations and Carnings)L0NM 7n assessing if an order contains the re3uisite specificity to support a
    finding of criminal contempt for its violation, the court loo5s at the defendant4s oCn Aehavior and not
    to some hypothetical situation)L0N7M ?hether an order is clear enough to support a criminal contempt
    conviction depends on the conte1t in Chich it is issued and the audience to Chich it is addressed)
    L0N&M C:9:6</7-( *:;;6(9(N/ Cases: <Asence of Critten record of district court4s telephone
    directive to attorney, to secure doctor4s affidavit setting forth health reasons Chy client could not Ae
    present in court, deprived such order of definiteness re3uired to support suAse3uent adEudication of
    criminal contempt against attorney for failing to comply Cith order) :)*) v) Cooper, 3.3 0)3d "" (#d
    Cir) #%%3') Before a person may Ae held in contempt for violating a court order, the order should
    inform him in definite terms as to the duties thereAy imposed upon him, and the command must
    therefore Ae e1press rather than implied, indeed, the very nature of the proceeding in either civil or
    criminal contempt for an alleged disoAedience of a court order re3uires that the language in the
    commands Ae clear and certain) 0arris v) 0arris, #&. @a) 33", 7 *)()#d #"# (#%%9') Before a person
    may Ae held in contempt for violating a court order, the order should inform him in definite terms as
    to the duties thereAy imposed upon him) @ary v) @oCins, #&3 @a) 433, .& *)()#d .7. (#%%&') L(ND
    $0 *:;;6(9(N/M L0N"M 7n re ?ee5s, .7% 0)#d #44 (&th Cir) "97&'= Berry v) 9idtoCn *ervice
    - 36-
    1
    2
    Corporation, "%4 0)#d "%7, "## <)6)+) "34" (C)C)<) #d Cir) "939'= 7vy v) Geith, 3." <r5) #9, 9#
    *)?)3d 7" (#%%#'= *ellman v) *ellman, #3& 9d) "., #%9 <)#d " ("9.'= Com) v) @aston, 4% ;a)
    3&., 333 <)#d 779 ("97.'= (1 parte ;adron, .. *)?)#d 9#", "%% <)6)+)3d &&% (/e1) "97&') 7t Cas
    error to find defendant in contempt for removing a copy of a temporary restraining order and
    padloc5s from premises descriAed as a puAlic nuisance Chere the temporary restraining order did not
    specifically forAid defendant from doing those acts) *tate e1 rel) Zimmerman v) 9ason, .4 N)C) <pp)
    ".., #&# *)()#d ."& ("9&"') L0N#M Berry v) 9idtoCn *ervice Corporation, "%4 0)#d "%7, "## <)6)+)
    "34" (C)C)<) #d Cir) "939'= 7vy v) Geith, 3." <r5) #9, 9# *)?)3d 7" (#%%#''= *tate e1 rel) ;orter v)
    ;orter, 33 <)D)#d &7, 3%7 N)>)*)#d &# (4th Dep4t "99') L0N3M <ccu*oft Corp) v) ;alo, #37 0)3d
    3" ("st Cir) #%%"'= Cooper v) /e1aco, 7nc), 9" 0)#d 7" (.th Cir) "99#'= +iccard v) ;rudential 7ns) Co),
    3%7 0)3d "#77, .3 0ed) +) *erv) 3d "4% (""th Cir) #%%#'= :)*) v) Bernardine, #37 0)3d "#79 (""th
    Cir) #%%"'= Budge +otenAerg (ducational Center, 7nc) v) Commissioner of the Dept) of 9ental
    +etardation, 4#4 9ass) 43%, 77 N)()#d "#7 ("997') < se3uestration order Cas sufficiently specific to
    support a conviction of criminal contempt Ay a Citness Cho sent his secretary to ta5e notes and copy
    daily transcripts= the Citness Cas a sophisticated Ausinessman Cho had Aeen engaged in series of
    hotly contested cases defending himself and his son from charges of fraudulent activity in million2
    dollar Ausiness deals, the conduct enEoined Cas simple, the interest in preventing the possiAility of
    Citness contamination Cas clear, and the trial court reasonaAly determined that the Citness Cas not
    crediAle in his assertion that he did not understand the scope of the order) :)*) v) 9c9ahon, "%4 0)3d
    3&, 4 0ed) +) (vid) *erv) 3&" (4th Cir) "997') < claim for civil contempt must fall if the order that
    Cas disoAeyed is suAse3uently reversed Ay the issuing court or an appellate court, or if its issuance
    e1ceeded the poCer of the issuing court) +eliance 7ns) Co) v) 9ast Const) Co), &4 0)3d 37#, 34 0ed)
    +) *erv) 3d 94# ("%th Cir) "99') L0N4M :)*) v) Cutler, .& 0)3d &#. (#d Cir) "99.'= @race v) Center for
    <uto *afety, 7# 0)3d "#3, "99 0(D <pp) %%%&; (th Cir) "99'= *talA v) *talA, "7" -t) 3%, 7&
    <)#d "#9 (#%%%') L0N.M 7n re +uma5er, 4 0)#d &7% (.th Cir) "9&%'= ?ilson v) *uperior Court, "94
    Cal) <pp) 3d "#.9, #4% Cal) +ptr) "3" (th Dist) "9&7') L0NM :)*) v) 9c9ahon, "%4 0)3d 3&, 4
    0ed) +) (vid) *erv) 3&" (4th Cir) "997') L0N7M :)*) v) 9c9ahon, "%4 0)3d 3&, 4 0ed) +) (vid)
    *erv) 3&" (4th Cir) "997') L0N&M :)*) v) +apone, "3" 0)3d "&& (D)C) Cir) "997')
    <s to Eudges Chom continually flaunt their Cillfully e1ceeding the Eurisdiction accorded them
    (and the duty of other Eudges to report them in light of NCBC +ule #)".': <Asolute immunity is
    generally reserved for Eudges performing Eudicial acts Cithin their Eurisdiction, prosecutors
    performing acts intimately associated Cith the Eudicial phase of the criminal process, and 3uasi2
    Eudicial agency officials Chose duties are comparaAle to those of Eudges or prosecutors Chen
    ade3uate procedural safeguards e1ist)BrasCell v) 8ayCood +egional 9edical Center, 3.# 0) *upp) #d
    39 (?)D) N)C) #%%.')
    Budge is aAsolutely immune from damages for actions ta5en in a Eudicial capacity unless the
    Eudge has acted in the clear aAsence of all Eurisdiction) *tiggle v) /amAurini, 47 0) *upp) #d "&3
    (D)+)7) #%%') *tate court Eudge)
    <n act is done in the Dclear aAsence of all Eurisdiction,D for Eudicial immunity purposes, if the
    matter upon Chich the Eudge acts is clearly outside the suAEect2matter Eurisdiction of the court over
    Chich the Eudge presides) 7reland v) /unis, ""3 0)3d "43., "997 0(D <pp) %".; (th Cir) "997')
    amily court Eudge did not commit a good faith legal error, Aut acted in Aad faith in erroneously
    ruling on issue of proper venue!forum for e12Cife4s re3uest for change of custody, and therefore Eudge
    Cas suAEect to the Eurisdiction of Budicial Conduct Commission for discipline= Eudge failed to provide
    e12husAand even the most Aasic elements of procedural due process, Eudge thCarted e12husAand4s
    every attempt to present evidence in support of his position, Eudge acted as Eudge of a family court
    - 37-
    1
    2
    that had no Eurisdiction over the matter that had Aeen presented to Eudge through an unusual and
    e1traordinary procedure, and Chen e12husAand4s counsel Could not Ae Aullied into going along Cith
    Eudge4s attempts to circumvent procedures and the laC, Eudge e1cluded counsel and dealt directly Cith
    e12husAand, threatening him Cith the loss of custody of his other child unless he accepted Eudge4s
    DagreedD order) :)*)C)<) Const)<mend) "4= *up)Ct)+ules, +ule 4)%#%(#') @ormley v) Budicial
    Conduct Commission, 33# *)?)3d 7"7 (Gy) #%"%')
    /he doctrine of Eudicial immunity is so e1pansive that it is overcome only Chen: ("' the
    action is nonEudicial, that is, not ta5en in the Eudge4s Eudicial capacity, or (#' the action, although
    Eudicial in nature, is performed in the complete aAsence of any Eurisdiction) 9iller v) County of
    Nassau, 47 0) *upp) #d 3%& (()D) N)>) #%%') Budge does not lose Eudicial immunity Aecause an
    action is erroneous, malicious, in e1cess of authority, or disregardful of elementary principles of
    procedural due process, as long as the Eudge had Eurisdiction over the suAEect matter Aefore him= a
    Eudge Cill loose the cloa5 of immunity only Chen he conducts proceedings over Chich he lac5s any
    semAlance of suAEect matter Eurisdiction) *tiggle v) /amAurini, 47 0) *upp) #d "&3 (D)+)7) #%%')
    9ore and more there is a 3uestion as to Chether the +BC4s "#!#%!"# D<dministrative $rder
    #%"#2%" 7n the 9atter of Zachary CoughlinD and the verAatim copying thereof Ay the +9C in a
    "!"!"3 D<dministrative $rder #%"32%"D are DEudicial actsD, or rather, Dadministrative actsD for Chich
    such a AraIen and flagrant overstepping of Eurisdiction Cill not Ae accorded 3uite the level of
    immunity DEudicial actsD typically are) NoC the +BC has transmogrified such D<dministrative $rderD
    in a criminal case numAer +C+#%"#2%7#7.)
    -777) 6iaAilities <) Civil 6iaAility #) 6iaAility for ;articular /ypes of Conduct a) 7n @eneral=
    Conduct ?ithin *cope of +ule of <Asolute Budicial 7mmunity /opic *ummary Correlation /aAle
    +eferences K 7%) NonEudicial acts ?est4s Gey NumAer Digest ?est4s Gey NumAer Digest, Budges
    53., 3 Budges may Ae e1posed to liaAility for nonEudicial actsL0N"M since they generally have no
    Eudicial immunity for their administrative, legislative, or e1ecutive functions)L0N#M Budges acting in
    an administrative capacity do not have aAsolute immunity from suits for damages=L 0N3M
    administrative decisions, even though essential to the functioning of the court, have not Aeen
    regarded as Eudicial acts)L0N4M $Aservation: /he e1ception from Eudicial immunity for legislative and
    e1ecutive acts has sometimes Aeen referred to as the Ddiscretionary function e1ception)DL0N.M L0N"M
    9ireles v) ?aco, .%# :)*) 9, ""# *) Ct) #&, "" 6) (d) #d 9 ("99"'= 9alina v) @onIales, 994 0)#d
    ""#" (.th Cir) "993'= <rchie v) 6anier, 9. 0)3d 43&, "99 0(D <pp) %#97; (th Cir) "99'= Bohn v)
    Barron, &97 0)#d "3&7, " 0ed) +) *erv) 3d "3. (7th Cir) "99%'= Croo5s v) 9aynard, 9"3 0)#d 99
    (9th Cir) "99%'= BNC Companies v) $llason, "37 B)+) 4 (D) <riI) "99"', aff4d, 99 0)#d "##. (9th
    Cir) "993'= 9eyer v) 0oti, 7#% 0) *upp) "#34 (()D) 6a) "9&9'= 8ammond v) Creative 0inancial
    ;lanning $rganiIation, 7nc), &%% 0) *upp) "#44 (()D) ;a) "99#'= +umfola v) 9urovich, &"# 0) *upp)
    .9 (?)D) ;a) "99#'= Cintron +odrigueI v) ;agan Nieves, 73 0) *upp) 4"" (D);)+) "99%'=
    Galmanson v) 6oc5ett, &4& *o) #d 374 (0la) Dist) Ct) <pp) .th Dist) #%%3') L0N#M Croo5s v) 9aynard,
    9"3 0)#d 99 (9th Cir) "99%') <9B:+ B:D@(* K 7% ;age " 4 <m) Bur) #d Budges K 7% T #%"#
    /homson +euters) No Claim to $rig) :* @ov) ?or5s) L0N3M 0orrester v) ?hite, 4&4 :)*) #"9, "%& *)
    Ct) .3&, 9& 6) (d) #d ... ("9&&'= 9umford v) ZieAa, 7&& 0) *upp) 9&7 (N)D) $hio "99#', Eudgment
    rev4d on other grounds, 4 0)3d 4#9 (th Cir) "993') L0N4M <ntoine v) Byers N <nderson, 7nc), .%&
    :)*) 4#9, ""3 *) Ct) #"7, "#4 6) (d) #d 39" ("993'= 0orrester v) ?hite, 4&4 :)*) #"9, "%& *) Ct)
    .3&, 9& 6) (d) #d ... ("9&&') <s to the general rule of nonliaAility for damages, see K ") <s to
    Eudicial acts protected Ay the rule of nonliaAility for damages, see K 7) L0N.M Goelln v) Ne1us
    +esidential /reatment 0acility, 494 N)?)#d 9"4 (9inn) Ct) <pp) "993')
    - 38-
    1
    2
    -777) 6iaAilities <) Civil 6iaAility 3) (ffect of Burisdiction or 6ac5 /hereof /opic *ummary
    Correlation /aAle +eferences K 74) @enerally ?est4s Gey NumAer Digest ?est4s Gey NumAer Digest,
    Budges 53., 3 < necessary in3uiry in determining Chether Eudges are immune from suit for money
    damages is Chether, at the time a challenged action Cas ta5en, there Cas Eurisdiction over the suAEect
    matterL0N"M and the parties)L0N#M Budges generally are not suAEect to liaAility in civil actions for
    their Eudicial acts unless they have acted in the clear aAsence of all Eurisdiction)L0N3M Courts have
    reasoned that it is necessary to imAue the doctrine of Eudicial immunity Cith such Aroad scope in
    order to preserve the integrity of the Eudicial system and ensure that Eudges render decisions Cithout
    fear of personal conse3uences, even though, in some circumstances, it may create unfairness to
    litigants)L0N4M <lthough some cases have suggested that this means that a Eudge must have had Aoth
    suAEect matter and personal Eurisdiction Chile engaging in the offending conduct, for immunity to
    apply,L0N.M it is generally held that a Eudge is entitled to immunity even if there is no personal
    Eurisdiction over the complaining party)L0NM 7n some Eurisdictions, case laC suggests a Eudge Cho
    has suAEect2matter Eurisdiction and a coloraAle claim of personal Eurisdiction is immune from liaAility
    for Eudicial acts,L0N7M Chile in others it has Aeen emphasiIed that immunity has never Aeen denied
    Aecause of a lac5 of personal Eurisdiction)L0N&M < clear aAsence of all Eurisdiction generally is held to
    mean a clear lac5 of suAEect2matter Eurisdiction,L0N9M and Eudicial immunity is a defense so long as a
    Eudge4s ultimate acts are Eudicial actions ta5en Cithin the court4s suAEect2matter Eurisdiction)L0N"%M
    /his suAEect2matter Eurisdiction may Ae provided Ay a state constitution giving the courts in 3uestion
    original Eurisdiction over all civil mattersL0N""M or, in the conte1t of a Aan5ruptcy court proceeding,
    Ay the fact that the matter is arguaAly Cithin the Aroad scope of matters Chich ordinarily come Aefore
    the Aan5ruptcy courts)L0N"#M <9B:+ B:D@(* K 74 ;age " 4 <m) Bur) #d Budges K 74 Budges are
    entitled to aAsolute Eudicial immunity from damages under K "9&3 for those acts ta5en Chile they are
    acting in their Eudicial capacity unless they acted in clear aAsence of all Eurisdiction= a Eudge does not
    act in the clear aAsence of all Eurisdiction Chen he acts erroneously, maliciously, or in e1cess of his
    authority, Aut instead, only Chen he acts Cithout suAEect2 matter Eurisdiction) 4# :)*)C)<) K "9&3)
    9cCall v) 9ontgomery 8ousing <uthority, &%9 0) *upp) #d "3"4 (9)D) <la) #%""') $nly Chen he
    has acted in the clear aAsence of all Eurisdiction Cill a Eudge Ae suAEect to liaAility) ?althour v) Child
    and >outh *ervices, 7#& 0) *upp) #d #& (()D) ;a) #%"%') L(ND $0 *:;;6(9(N/M L0N"M 7n re
    6una, ".# B)+) "" (Ban5r) D) 9ass) "993'= *mithson v) +ay, 4#7 0) *upp) "" (()D) /enn) "97')
    L0N#M *mithson v) +ay, 4#7 0) *upp) "" (()D) /enn) "97') L0N3M 7n re 6una, ".# B)+) "" (Ban5r) D)
    9ass) "993'= *tump v) *par5man, 43. :)*) 349, 9& *) Ct) "%99, .. 6) (d) #d 33" ("97&'= Ballard v)
    ?all, 4"3 0)3d ."% (.th Cir) #%%.'= Gillinger v) Bohnson, 3&9 0)3d 7. (7th Cir) #%%4'= ?iggins v)
    8ess, .3" 0)#d 9#% (&th Cir) "97'= NeC <las5a Development Corp) v) @uetschoC, &9 0)#d "#9&
    (9th Cir) "9&9'= BNC Companies v) $llason, "37 B)+) 4 (D) <riI) "99"', aff4d, 99 0)#d "##. (9th
    Cir) "993'= Cintron +odrigueI v) ;agan Nieves, 73 0) *upp) 4"" (D);)+) "99%'= 8oCard v) Drap5in,
    ### Cal) <pp) 3d &43, #7" Cal) +ptr) &93 (#d Dist) "99%'= ;ar5er v) *tate, 9# 9d) <pp) .4%, %9 <)#d
    347 ("99#', Eudgment aff4d, 337 9d) #7", .3 <)#d 43 ("99.'= Carey v) Dostert, "&. ?) -a) #47,
    4% *)()#d 7& ("99"') L0N4M Carey v) Dostert, "&. ?) -a) #47, 4% *)()#d 7& ("99"') L0N.M
    8op5ins v) 7N< :nderCriters 7ns) Co), 44 $hio <pp) 3d "&, .4# N)()#d 79 (4th Dist) ;ic5aCay
    County "9&&') L0NM NeC <las5a Development Corp) v) @uetschoC, &9 0)#d "#9& (9th Cir) "9&9')
    L0N7M <lmon v) Battles, .4" *o) #d ."9 (<la) "9&9') L0N&M ;ar5er v) *tate, 9# 9d) <pp) .4%, %9
    <)#d 347 ("99#', Eudgment aff4d, 337 9d) #7", .3 <)#d 43 ("99.') L0N9M BNC Companies v)
    $llason, "37 B)+) 4 (D) <riI) "99"', aff4d, 99 0)#d "##. (9th Cir) "993'= ;ar5er v) *tate, 9# 9d)
    <pp) .4%, %9 <)#d 347 ("99#', Eudgment aff4d, 337 9d) #7", .3 <)#d 43 ("99.'= Bailey v) :tah
    *tate Bar, &4 ;)#d "#7& (:tah "993') L0N"%M 9alina v) @onIales, 994 0)#d ""#" (.th Cir) "993'=
    - 39-
    1
    2
    Bohn v) Barron, &97 0)#d "3&7, " 0ed) +) *erv) 3d "3. (7th Cir) "99%'= NeC <las5a Development
    Corp) v) @uetschoC, &9 0)#d "#9& (9th Cir) "9&9') L0N""M 9alina v) @onIales, 994 0)#d ""#" (.th
    Cir) "993'= Bohn v) Barron, &97 0)#d "3&7, " 0ed) +) *erv) 3d "3. (7th Cir) "99%') L0N"#M BNC
    Companies v) $llason, "37 B)+) 4 (D) <riI) "99"', aff4d, 99 0)#d "##. (9th Cir) "993')
    -777) 6iaAilities <) Civil 6iaAility 3) (ffect of Burisdiction or 6ac5 /hereof /opic *ummary
    Correlation /aAle +eferences K 7) <cts under invalid laC or in e1cess of Eurisdiction ?est4s Gey
    NumAer Digest ?est4s Gey NumAer Digest, Budges 53., 3 /he scope of Eudicial Eurisdiction
    generally is Aroadly construed,L0N"M such that Eudges Cho possess Eurisdiction are not deprived of
    aAsolute immunity Ay the mere fact that they act upon a void or invalid laC,L0N#M and aAsolute
    immunity Cill apply to Eudges acting in the e1ercise of their Eudicial functions even if the acts are in
    e1cess of their Eurisdiction or authority)L 0N3M < distinction must Ae oAserved AetCeen acts Chich are
    merely in e1cess of Eurisdiction and those involving a clear aAsence of all Eurisdiction over the suAEect
    matter)L0N4M ?here there is clearly no Eurisdiction over the suAEect matter, any authority e1ercised is
    usurped authority, and no e1cuse is permissiAle if the Eudge 5noCs of his or her lac5 of authority)
    L 0N.M $Aservation: < Eudge pro tem Cho has Eurisdiction to hear a case to its conclusion once he or
    she Aegins hearing evidence does not act in the clear aAsence of all Eurisdiction in issuing a search
    CarrantL 0NM or in refusing to issue a peace Aond and a Carrant for the arrest of one person, Chile
    issuing a Carrant for another4s arrest,L0N7M even though the Eudicial term has e1pired)L0N&M L0N"M 7n
    re 6una, ".# B)+) "" (Ban5r) D) 9ass) "993') L0N#M Carey v) Dostert, "&. ?) -a) #47, 4% *)()#d
    7& ("99"') L0N3M 7n re 6una, ".# B)+) "" (Ban5r) D) 9ass) "993'= 9ireles v) ?aco, .%# :)*) 9, ""#
    *) Ct) #&, "" 6) (d) #d 9 ("99"'= Broo5ings v) Clun5, 3&9 0)3d "4, #%%4 0(D <pp) %399; (th
    Cir) #%%4'= Derringer v) Chapel, 9& 0ed) <pp1) 7#& ("%th Cir) #%%4'= 4 <m) Bur) #d Budges K 7 ;age
    v) @rady, 7&& 0) *upp) "#%7 (N)D) @a) "99#'= *tephens v) 8erring, &#7 0) *upp) 3.9 (()D) -a) "993'=
    6avit v) *uperior Court 7n and 0or County of 9aricopa, "73 <riI) 9, &39 ;)#d ""4" (Ct) <pp) Div) "
    "99#'= 8oCard v) Drap5in, ### Cal) <pp) 3d &43, #7" Cal) +ptr) &93 (#d Dist) "99%'= -inson v)
    ;rather, &79 *o) #d "%.3 (9iss) Ct) <pp) #%%4'= 6ong v) Cross +eporting *ervice, 7nc), "%3 *)?)3d
    #49 (9o) Ct) <pp) ?)D) #%%3', reh4g and!or transfer denied, (<pr) ", #%%3' and transfer denied, (9ay
    #7, #%%3' and cert) denied, .4% :)*) 9&3, "#4 *) Ct) 47", ".7 6) (d) #d 374 (#%%3'= -irtu Bouti3ue,
    7nc) v) BoA4s 6ane Candle *hop, 7nc), ." <)D)#d &"3, 3&% N)>)*)#d #3 (#d Dep4t "97'= 8op5ins v)
    7N< :nderCriters 7ns) Co), 44 $hio <pp) 3d "&, .4# N)()#d 79 (4th Dist) ;ic5aCay County "9&&'=
    Carey v) Dostert, "&. ?) -a) #47, 4% *)()#d 7& ("99"') L0N4M DellenAach v) 6etsinger, &&9 0)#d
    7.. (7th Cir) "9&9'= Derringer v) Chapel, 9& 0ed) <pp1) 7#& ("%th Cir) #%%4'= ;ar5er v) *tate, 9# 9d)
    <pp) .4%, %9 <)#d 347 ("99#', Eudgment aff4d, 337 9d) #7", .3 <)#d 43 ("99.'= 8oCe v) Brouse,
    4#7 *)?)#d 47 (9o) "9&') L0N.M DellenAach v) 6etsinger, &&9 0)#d 7.. (7th Cir) "9&9') L0NM
    8upp v) 8ill, .7 N)()#d "3#% (7nd) Ct) <pp) "st Dist) "99"') L0N7M 9oore v) /aylor, .4" *o) #d 37&,
    .3 (d) 6aC +ep) 34& (6a) Ct) <pp) #d Cir) "9&9') L0N&M 8upp v) 8ill, .7 N)()#d "3#% (7nd) Ct)
    <pp) "st Dist) "99"'= 9oore v) /aylor, .4" *o) #d 37&, .3 (d) 6aC +ep) 34& (6a) Ct) <pp) #d Cir)
    "9&9')
    7U) Dis3ualification to <ct in ;articular Case <) 7n @eneral /opic *ummary Correlation /aAle
    +eferences K &") *tatutes governing dis3ualification ?est4s Gey NumAer Digest ?est4s Gey NumAer
    Digest, Budges 539, 4% <)6)+) 6iArary Dis3ualification of Eudge under #& :)*)C)<) K 4..(A'(4',
    providing for dis3ualification Chere Eudge has financial or other interest in proceeding, "3 <)6)+)
    0ed) .7. /he dis3ualification of trial Eudges is an aspect of the Eudicial system that is suAEect to
    reasonaAle legislative regulation,L0N"M although such regulations are suAEect to constitutional
    re3uirements Cith respect to uniformity and impartiality of operation)L0N#M *tatutes governing
    - 40-
    1
    2
    dis3ualification of Eudges are meant to Ae self enforcing)L0N3M ;ractice @uide: NeC statutory
    dis3ualification provisions Cill not Ae applied retroactively)L0N4M /he purpose of a Eudicial recusal
    statute re3uiring a Eudge to dis3ualify himself or herself Chen the Eudge4s impartiality might
    reasonaAly Ae 3uestioned is to promote puAlic confidence in the integrity of the Eudicial process)
    L0N.M 8oCever, a dis3ualification statute is not intended as an instrument to secure delays or
    postponement of trialL0NM and should not Ae employed to produce inconvenience and aAsurdity)
    L0N7M L0N"M 7ndustrial 7ndemnity Co) v) *uperior Court, #"4 Cal) <pp) 3d #.9, ## Cal) +ptr) .44
    ("st Dist) "9&9') L0N#M K &#) 4 <m) Bur) #d Budges K &" L0N3M ;ope v) *tate, #.7 @a) 3#, 3.4 *)()#d
    4#9 ("9&7') L0N4M ;ueAlo of 6aguna v) Cillessen N *on, 7nc), "%" N)9) 34", &# ;)#d "97 ("9&4')
    L0N.M Clemmons v) ?olfe, 377 0)3d 3## (3d Cir) #%%4'= *tate v) /uc5er, #4 N)B) *uper) .49, #.
    <)#d 34 (<pp) Div) "993') L0NM *tate e1 rel) 6eavitt v) District Court of /hirteenth Budicial Dist) 7n
    and 0or >elloCstone County, "7# 9ont) "#, .% ;)#d ."7 ("977') L0N7M City of Gansas City v) ?iley,
    97 *)?)#d #4% (9o) Ct) <pp) ?)D) "9&.')
    /he +9C Eudges failed to comply Cith Coughlin4s *C+ ""% suApoena in the very matter in
    Chich the +C< noC alleges Coughlin violated the /;$!(;$ Ay purportedly attempting to suAmit
    documents for filing on "!3!"3 and "!"7!"3)
    K 9&) Budge as party or potential party in oCn or related case ?est4s Gey NumAer Digest
    ?est4s Gey NumAer Digest, Budges 54., .% <)6)+) 6iArary 7nterest of Eudge in an official or
    representative capacity, or relationship of Eudge to one Cho is a party in an official or representative
    capacity, as dis3ualification, "% <)6)+)#d "3%7 < person cannot Ae a Eudge of his or her oCn cause)
    L0N"M /he rule has Aeen applied to dis3ualify a Eudge Cho is a memAer of the class in Chose Aehalf a
    class action is Arought)L0N#M Normally, a Eudge should not sit on litigation involving a party Cho is a
    party to other litigation in Chich the Eudge himself or herself is a litigant,L0N3M although the filing of
    laCsuits against one or more memAers of a court does not lead to the conclusion that another memAer
    of that court cannot fairly preside in a different matter involving that party)L0N4M < Eudge is not
    dis3ualified merely Aecause a litigant sues or threatens to sue him or herL0N.M on the ground that
    such an easy method for oAtaining dis3ualification should not Ae encouraged or alloCed)L0NM <
    Eudge is not re3uired to recuse himself or herself in a criminal case on the ground that the defendant4s
    attorney Cor5s Cith laCyers Cho have testified against the Eudge in prior, unrelated proceedings
    against the Eudge)L0N7M /he filing of sham or a frivolous pleading in Chich a Eudge is made a party
    for the sole purpose of dis3ualifying him or her should not Ae alloCed)L0N&M /he fact that all Eudges
    in the court have Aeen sued in a case does not re3uire recusal)L0N9M 7n some cases, merely nominal
    parties to the record are dis3ualified to sit as Eudges,L0N"%M Chile other decisions treat a nominal
    party to the record as 3ualified to sit as Eudge)L0N""M 4 <m) Bur) #d Budges K 9& C:9:6</7-(
    *:;;6(9(N/ Cases: District Eudge Could not recuse himself in a Bivens action Arought against
    tCo Eudges involved in plaintiff4s criminal conviction and suAse3uent petition for Crit of haAeas
    corpus, even though Eudge Cas a named defendant in the action, until Eudge had determined Chether
    action Cas so frivolous as to defeat suAEect matter Eurisdiction prior to any determination of Chether
    recusal Could Ae appropriate) *negirev v) *edCic5, 4%7 0) *upp) #d "%93 (D) <las5a #%%') L(ND
    $0 *:;;6(9(N/M L0N"M *mith v) *mith, "". <riI) #99, .4 ;)#d "# (Ct) <pp) Div) " "977'=
    *tate v) BroCn, 7% 8aC) 4.9, 77 ;)#d ""&# ("9&9') L0N#M ;ahl v) ?hitt, 3%4 *)?)#d #.% (/e1) Civ)
    <pp) (l ;aso "9.7') L0N3M *mith v) *mith, "". <riI) #99, .4 ;)#d "# (Ct) <pp) Div) " "977'=
    ;eople v) 6oCenstein, ""& 9ich) <pp) 47., 3#. N)?)#d 4# ("9&#') L0N4M 7n re Dis3ualification of
    Corts, 47 $hio *t) 3d %", .4 N)()#d 9#& ("9&&') L0N.M 9atter of +onCin, "39 <riI) .7, &% ;)#d
    "%7 ("9&3'= ;eople v) 6oCenstein, ""& 9ich) <pp) 47., 3#. N)?)#d 4# ("9&#'= Callahan v) *tate,
    7"# *)?)#d #. (9o) Ct) <pp) ()D) "9&'= NeC >or5 *tate <ss4n of Criminal Defense 6aCyers v)
    - 41-
    1
    2
    Gaye, 9. N)>)#d .., 7#" N)>)*)#d .&&, 744 N)()#d "#3 (#%%%'= 7n re Dis3ualification of Corts, 47
    $hio *t) 3d %", .4 N)()#d 9#& ("9&&') L0NM 9atter of +onCin, "39 <riI) .7, &% ;)#d "%7
    ("9&3'= Com) e1 rel) 9eredith v) 9urphy, #9. Gy) 4, "74 *)?)#d &" ("943') L0N7M :)*) v)
    -adner, "% 0)3d #3 (.th Cir) "99&') L0N&M Com) e1 rel) 9eredith v) 9urphy, #9. Gy) 4, "74
    *)?)#d &" ("943') L0N9M 9atter of +onCin, "39 <riI) .7, &% ;)#d "%7 ("9&3'= ;eople v)
    6oCenstein, ""& 9ich) <pp) 47., 3#. N)?)#d 4# ("9&#') L0N"%M Dan5mer v) City 7ce N 0uel Co),
    "#" ?) -a) 7.#, *)()#d 77" ("939') L0N""M Bass v) 9inich, "94 <r5) .&9, "%9 *)?)#d "39 ("937'=
    *tate e1 rel) 9itchell v) *age *tores Co), ".7 Gan) ##, "43 ;)#d .# ("943'= /hompson v) *tate, ".
    *)?)#d "3" (/e1) Civ) <pp) <marillo "94#') T #%"# /homson +euters) 33234B T #%"# /homson
    +euters!+7<) No Claim to $rig) :)*) @ovt) ?or5s) <ll rights reserved) <9B:+ B:D@(* K 9& (ND
    $0 D$C:9(N/ <merican Burisprudence, *econd (dition DataAase updated <ugust #%"# Budges
    6aura 8unter DietI, B)D) and 0ern 6) Gletter, B)D) and /homas B) CIelusta, B)D), of the staff of the
    National 6egal +esearch @roup, 7nc) 7U) Dis3ualification to <ct in ;articular Case B) @rounds #)
    7nterest A) ;articular 7nterests (#' Budge as ;arty or ?itness /opic *ummary Correlation /aAle
    +eferences K 99) Budge as Citness ?est4s Gey NumAer Digest ?est4s Gey NumAer Digest, Budges
    54., .% <)6)+) 6iArary Dis3ualification of Eudge on ground of Aeing a Citness in the case, ##
    <)6)+)3d ""9& < Eudge Cill not Ae dis3ualified from presiding at a trial Ay the mere fact that he or
    she may Ae a Citness,L0N"M or is familiar Cith the proceeding and supplements the record Cith
    oAservations,L0N#M though it has Aeen said that Chen a Eudge ta5es the stand, it is e3uivalent to his or
    her CithdraCing as a Eudge from the case,L0N3M and a Eudge Cho does so testify should recuse
    himself or herself)L0N4M 7n some Eurisdictions, the Eudge, Ay statute, may Ae a Citness in any case
    tried Aefore him or her,L0N.M and in many Eurisdictions, a Eudge Cho testifies is dis3ualified only if
    he or she is a necessary or material Citness in the caseL0NM or is li5ely to Ae a material Citness)
    L0N7M *ome courts ta5e the vieC that Chether a trial Eudge should dis3ualify himself or herself Chen
    he or she is called as a Citness in a case tried Ay the Eudge is Cithin his or her discretion,L 0N&M and in
    some Eurisdictions, appellate Eudges have ta5en the position, even Cithout a statute or rule, that they
    should dis3ualify themselves Chere they have testified in the trial court)L0N9M L0N"M Gennedy v)
    *tate, .9 $5la) Crim) "", .. ;)#d 79# ("93') <ttempts to dis3ualify Eudges Ay indicating that the
    Eudge Cill Ae called as a Citness 4 <m) Bur) #d Budges K 99 are not favored and are rarely granted,
    and such an easy method of dis3ualifying a Eudge should not Ae encouraged or alloCed) *tate e1 rel)
    Gaufman v) Za5aiA, #%7 ?) -a) #, .3. *)()#d 7#7 (#%%%') L0N#M Davis v) *tate, .9& *)?)#d .&#
    (9o) Ct) <pp) ?)D) "9&%') L0N3M Com) v) *coleri, 4". ;a) #"&, #%# <)#d .#" ("94') L0N4M (lmore
    v) *tate, "3 <r5) <pp) ##", &# *)?)#d 7.& ("9&.'= Collins v) Di1ie /ransport, 7nc), .43 *o) #d "%
    (9iss) "9&9'= 9unicipal ;uAlications, 7nc) v) Court of Common ;leas of ;hiladelphia County, .%7
    ;a) "94, 4&9 <)#d "#& ("9&.') L0N.M *tate e1 rel) ;hillips v) 8enderson, ##% /enn) 7%", 4#3 *)?)#d
    4&9 ("9&') L0NM K "%") L0N7M *tate v) Blac5mon, 4 *)?)#d 44 (9o) Ct) <pp) *)D) "9&4') <s to
    dis3ualification Chere a Eudge is a potential Citness, see K "%%) L0N&M *iva5 v) *tate, ""# 7daho "97,
    73" ;)#d "9# ("9&'= ;eople v) 8ayes, 49 7ll) #d #9&, #73 N)()#d &3& ("97"') L0N9M @arland v) @ray,
    "%& @a) <pp) 3%3, "3# *)()#d &34 ("93') <s to a Eudge4s duty to dis3ualify himself or herself,
    generally, see K K "9, "7%)
    K "%%) Budge as CitnessS<s potential Citness ?est4s Gey NumAer Digest ?est4s Gey
    NumAer Digest, Budges 54., .% <)6)+) 6iArary Dis3ualification of Eudge on ground of Aeing a
    Citness in the case, ## <)6)+)3d ""9& 9any courts hold that a trial Eudge is not dis3ualified from
    presiding in a trial merely Aecause of a possiAility that he or she might Aecome a Citness in the case,
    L0N"M although other courts have held to the contrary)L0N#M 7n some cases, it has Aeen held that a
    Eudge is dis3ualified on a trial if he or she presided at a previous proceeding in or affecting the same
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    1
    2
    action and might Ae compelled to testify aAout it at a later proceeding)L0N3M 7n other cases, the Eudge
    has Aeen held not to Ae dis3ualified Chere the material evidence Cithin the Eudge4s 5noCledge could
    Ae oAtained from other CitnessesL 0N4M or from the record of a prior related proceeding over Chich
    the Eudge presided)L0N.M L0N"M +ush v) ?allace, #3 <r5) <pp) ", 74# *)?)#d 9.# ("9&&'= ;eople v)
    8annon, 4& 7ll) #d 4#, #73 N)()#d 9 ("97"'= ;eople v) 8orton, 47 9isc) #d .&, #" N)>)*)#d 9
    (*up "9.'= *tate e1 rel) *mith v) ?ilco1en, "9.7 $G C+ .", 3"# ;)#d "&7 ($5la) Crim) <pp) "9.7'=
    *to5es v) *tate, &.3 *)?)#d ##7 (/e1) <pp) /yler "993'= 0ay v) -an (lls, "34 -t) .3, 37 <)#d "7
    ("97') L0N#M 7n re Dis3ualification of Corrigan, 47 $hio *t) 3d %#, .4 N)()#d 9#. ("9&9'= 4 <m)
    Bur) #d Budges K "%% *tate e1 rel) Carroll v) Bun5er, 79 ?ash) #d "#, 4&# ;)#d 77. ("97"') L0N3M
    ;eople v) Dennis, "4 7ll) <pp) 3d 493, 3%# N)()#d ." ("st Dist) "973'= *tate e1 rel) *mith v)
    ?ilco1en, "9.7 $G C+ .", 3"# ;)#d "&7 ($5la) Crim) <pp) "9.7') L0N4M Bresnahan v) 6uAy, "%
    Colo) 4.., 4"& ;)#d "7", ## <)6)+)3d ""93 ("9') L0N.M ?alls v) *pell, 7## *o) #d . (9iss)
    "99&')
    K "%") Budge as CitnessS<s material or necessary Citness ?est4s Gey NumAer Digest ?est4s
    Gey NumAer Digest, Budges 54., .% <)6)+) 6iArary Dis3ualification of Eudge on ground of Aeing a
    Citness in the case, ## <)6)+)3d ""9& 7n some Eurisdictions, a trial Eudge Cho has Aeen, or is to Ae
    called, as a Citness in a case tried Aefore him or her is dis3ualified from presiding in the case if he or
    she is a material or necessary Citness in the case)L0N"M /he Code of Budicial Conduct states that a
    Eudge should dis3ualify himself or herself if he or she is li5ely to Ae a material Citness in the
    proceeding)L 0N#M /he rule is statutory in some Eurisdictions)L0N3M < trial Eudge is not a DmaterialD
    Citness in the case unless his or her testimony is actually material and necessary to the determination
    of the case)L0N4M < Eudge is not a material Citness Chere there are other availaAle Citnesses Cho can
    give the same testimony)L0N.M < trial Eudge Cho is to Ae called as a character Citness on Aehalf of a
    criminal defendant is dis3ualified as Aeing a material Citness)L0NM L0N"M 9alone v) *tate, #& <la)
    73, #4# *o) #d 4"% ("97%'= Bresnahan v) 6uAy, "% Colo) 4.., 4"& ;)#d "7", ## <)6)+)3d ""93
    ("9'= ;eople v) ;ifer, &% 7ll) <pp) 3d #4, 3. 7ll) Dec) 47, 399 N)()#d 3"% (#d Dist) "979'= *tate v)
    /alley, .7# *o) #d #3% (6a) Ct) <pp) "st Cir) "99%'= Davis v) *tate, .9& *)?)#d .&# (9o) Ct) <pp)
    ?)D) "9&%'= Bames v) *tate, . N)B) *uper) #"3, ".# <)#d 3& (<pp) Div) "9.9'= CosloC v) *tate,
    "97" $G C+ 4.", 49% ;)#d """ ($5la) Crim) <pp) "97"') 4 <m) Bur) #d Budges K "%" L0N#M
    <)B)<) Code of Budicial Conduct, Canon 3 ( ("'(d'(iv') L0N3M *tate e1 rel) 0errera v) *andler, ".#
    0la) ."7, "# *o) #d #9& ("943'= *tate v) Gelley, #4" 6a) ##4, "#& *o) #d "& ("9"'= *tate e1 rel) *mith
    v) ?ilco1en, "9.7 $G C+ .", 3"# ;)#d "&7 ($5la) Crim) <pp) "9.7'= Com) v) 9usto, 34& ;a) 3%%, 3.
    <)#d 3%7 ("944') L0N4M *tate e1 rel) 0errera v) *andler, ".# 0la) ."7, "# *o) #d #9& ("943'= ;eople v)
    +odri3ueI, "4 <)D)#d 9"7, ##" N)>)*)#d .3# (#d Dep4t "9"') L0N.M Bresnahan v) 6uAy, "% Colo)
    4.., 4"& ;)#d "7", ## <)6)+)3d ""93 ("9'= Com) v) 9usto, 34& ;a) 3%%, 3. <)#d 3%7 ("944') 7n
    order to dis3ualify a Eudge on the Aasis that he or she might Ae called as a Citness at trial, there must
    Ae a shoCing that the Eudge Cill testify as to a material fact aAout Chich no other Citness might
    testify) ;eople <gainst /a1 +evenue 9ismanagement, 7nc) v) +eynolds, .7" *o) #d 493 (0la) Dist) Ct)
    <pp) "st Dist) "99%') L0NM *tate v) Gelley, #4" 6a) ##4, "#& *o) #d "& ("9"')
    Neither Budge (lliott nor Budge *attler CithdreC from C-""2%"9.. despite Aoth serving on
    the Boards of the co2defendant4s Coughlin Cas suing therein, ?ashoe 6egal *ervices and C<<?)
    W7U) Dis3ualification to <ct in ;articular Case B) @rounds #) 7nterest A) ;articular 7nterests (3'
    <ssociation Cith $rganiIation or Business /opic *ummary Correlation /aAle +eferences K "%3)
    $fficer, director, or trustee of corporation= officer of unincorporated association ?est4s Gey NumAer
    Digest ?est4s Gey NumAer Digest, Budges 54#, 4. <)6)+) 6iArary 7nterest of Eudge in an official or
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    2
    representative capacity, or relationship of Eudge to one Cho is a party in an official or representative
    capacity, as dis3ualification, "% <)6)+)#d "3%7 /he Code of Budicial Conduct states that a Eudge
    should dis3ualify himself or herself if he or she is an officer, director, or trustee of a party in the
    proceeding)L0N"M < Eudge Cho holds one of these positions in an ordinary Ausiness corporation is
    dis3ualified to hear a case in Chich the corporation has a pecuniary interest, Aecause his or her duty
    to promote the corporation4s Celfare clashes Cith the impartiality re3uired of a Eudge)L0N#M ?here a
    corporation has no direct or pecuniary interest in a case, the fact that a Eudge is an officer or director
    of the corporation does not dis3ualify him or her)L0N3M *imilarly, a Eudge is not dis3ualified Chere he
    or she is a director and stoc5holder in a corporation originally a party to an action Aut dismissed Ay
    the other party Aefore any action Ay the Eudge)L0N4M 8oCever, a trial Eudge Cho is on the Aoard of
    directors of a corporation Chich employs one of the named defendants should recuse himself or
    herself from the case)L0N.M *ince the interest of an officer of an unincorporated association is
    commonly not pecuniary, a Eudge Cho is or has Aeen an officer of such an association generally is not
    dis3ualified to hear a case in Chich the association is interested)L0NM L0N"M <)B)<) Code of Budicial
    Conduct, Canon 3 ( ("'(d'(i') 4 <m) Bur) #d Budges K "%3 L0N#M @aer v) Ban5 of Ba5er, """ 9ont)
    #%4, "%7 ;)#d &77 ("94%'= <ppeal of <s5ounes, "44 ;a) *uper) #93, "9 <)#d &4 ("94"'= 6indsley v)
    6indsley, ".# *)?)#d 4". (/e1) Civ) <pp) Dallas "94"', Eudgment rev4d on other grounds, "39 /e1)
    ."#, "3 *)?)#d 33 (Comm4n <pp) "94#') <s to dis3ualification Aased on pecuniary interest,
    generally, see K 9#) L0N3M <ppeal of <s5ounes, "44 ;a) *uper) #93, "9 <)#d &4 ("94"') L0N4M
    8olland v) 9organ N ;eacoc5 ;roperties Co), "& Cal) <pp) #d #"#, 33. ;)#d 773 ("st Dist) "9.9')
    <s to the issue of dis3ualification of a Eudge Chen the Eudge is a stoc5holder and the interests of the
    corporation are at issue in the matter Aefore him or her, see K "%4) L0N.M <cromag2-i5ing v) Blaloc5,
    4#% *o) #d % (<la) "9&#') L0NM 8eights Democratic CluA v) BreCer, "&7 9isc) ", " N)>)*)#d
    7.. (*up "94')
    K "%.) $fficer, director, trustee, or advisor of religious organiIation ?est4s Gey NumAer
    Digest ?est4s Gey NumAer Digest, Budges 54# /he Code of Budicial Conduct states that a Eudge may
    serve as an officer, director, trustee, or nonlegal advisor of a nonprofit religious organiIation, Aut he
    or she should not serve if it is li5ely that the organiIation Could Ae involved in proceedings that
    Could ordinarily come Aefore the Eudge or Could Ae regularly involved in litigation in any court)
    L0N"M L0N"M <)B)<) Code of Budicial Conduct, Canon 4C(3')
    7U) Dis3ualification to <ct in ;articular Case B) @rounds 4) Bias or ;reEudice A) <pparent
    ;reEudice /opic *ummary Correlation /aAle +eferences K "39) @enerally ?est4s Gey NumAer Digest
    ?est4s Gey NumAer Digest, Budges 549("', 49(#' <ny triAunal permitted Ay laC to try cases or
    controversies must not only Ae unAiased Aut must avoid even the appearance of Aias)L0N"M Due
    process re3uires the appearance as Cell as the fact of impartiality)L0N#M (ven if a Eudge is convinced
    of his or her oCn impartiality, dis3ualification is nonetheless re3uired if circumstances compromise
    the appearance of fairness and impartiality, such that the parties and the puAlic are left Cith
    suAstantial douAt as to the aAility of the Eudge to fairly and impartially resolve pending litigation)
    L0N3M /he appearance of Aias or preEudice can Ae as damaging to puAlic competence and the
    administration of Eustice as actual Aias or preEudice and is sufficient to Carrant dis3ualification of a
    Eudge even in the aAsence of actual preEudice)L0N4M <cts or conduct Chich give the appearance of
    partiality should Ae avoided Cith the same degree of Ieal as acts or conduct Chich ine1oraAly
    Aespea5 partiality) ?here a Eudge4s freedom from Aias or his or her preEudgment of an issue is called
    into 3uestion, the in3uiry is no longer Chether he or she actually is preEudiced= the in3uiry is Chether
    an onloo5er might on the Aasis of oAEective facts reasonaAly 3uestion Chether he or she is so)L0N.M
    C:9:6</7-( *:;;6(9(N/ Cases: 7t is not necessary to prove actual preEudice on the part of the
    - 44-
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    2
    court to estaAlish an appearance of impropriety that re3uires dis3ualification= an oAEectively
    reasonaAle Aelief that the proceedings Cere unfair is sufficient) DeNi5e v) Cupo, "9 N)B) .%#, 9.&
    <)#d 44 (#%%&') :nder the appearance of fairness doctrine, a Eudicial proceeding is valid only if a
    reasonaAly prudent, disinterested oAserver Could conclude that the parties received a fair, impartial
    and neutral hearing) *tate v) @amAle, "& ?ash) #d "", ##. ;)3d 973 (#%"%') 4 <m) Bur) #d Budges
    K "39 L(ND $0 *:;;6(9(N/M L0N"M *tate v) 6aCour, 493 *o) #d 7. (6a) Ct) <pp) #d Cir) "9&',
    Crit denied, 49 *o) #d "%4" (6a) "9&'= 9c-ay v) Zoning 8earing Bd) of NeC Bethlehem Borough,
    9" ;a) CommC) #&7, 49 <)#d "3#& ("9&.'= *mith v) 9ount, 4. ?ash) <pp) #3, 7# ;)#d 474, &4
    <)6)+)4th #7 (Div) " "9&') L0N#M *Cift v) Gniffen, 7% ;)#d #9 (<las5a "9&.') L0N3M ;eople v)
    *chupper, #%%. ?6 "%3&&&# (Colo) Ct) <pp) #%%.') L0N4M 7n 7nterest of 9c0all, .33 ;a) #4, "7
    <)#d 7%7 ("99#') L0N.M *tate v) @arner, 7% *)?)#d &93 (9o) Ct) <pp) *)D) "9&&') T #%"# /homson
    +euters) 33234B T #%"# /homson +euters!+7<) No Claim to $rig) :)*) @ovt) ?or5s) <ll rights
    reserved) <9B:+ B:D@(* K "39 (ND $0 D$C:9(N/ <merican Burisprudence, *econd (dition
    DataAase updated <ugust #%"# Budges 6aura 8unter DietI, B)D) and 0ern 6) Gletter, B)D) and /homas
    B) CIelusta, B)D), of the staff of the National 6egal +esearch @roup, 7nc) 7U) Dis3ualification to <ct in
    ;articular Case B) @rounds 4) Bias or ;reEudice A) <pparent ;reEudice /opic *ummary Correlation
    /aAle +eferences K "4%) Budge4s impartiality might reasonaAly Ae 3uestioned ?est4s Gey NumAer
    Digest ?est4s Gey NumAer Digest, Budges 549("', 49(#' 7t is the duty of a presiding Eudge under Aoth
    statutory and decisional laC to recuse himself or herself Chen he or she has any douAt as to his or her
    aAility to preside impartially or Chenever his or her impartiality can Ae reasonaAly 3uestioned)L0N"M
    /he canons or rules of Eudicial conduct re3uire that a Eudge should dis3ualify himself or herself in any
    proceeding in Chich his or her impartiality might reasonaAly Ae 3uestioned,L0N#M and such rules are
    emAodied in a federal statute)L0N3M :nder such canons or rules, the test is not Chether actual Aias
    and preEudice e1ists, Aut Chether a reasonaAle person Could have factual grounds to douAt the
    impartiality of the court)L0N4M /he standard to Ae applied in considering Eudicial dis3ualification is
    Chether the charge of lac5 of impartiality is grounded on facts that Could create reasonaAle douAt
    concerning the Eudge4s impartiality, not in the mind of the Eudge himself or herself or even,
    necessarily, in the mind of the litigant filing the motion, Aut rather in the mind of a reasonaAle person
    5noCing all the facts 5noCn to the Eudge)L0N.M 8oCever, some courts in applying such a canon have
    re3uired that the movant or petitioner shoC some evidence of Aias or preEudice of the Eudge)L0NM
    *ituations Chich might give rise to the 3uestion of Chether a Eudge4s impartiality might reasonaAly Ae
    3uestioned include cases Chere the trial Eudge 5noCs he or she is li5ely to Ae a material Citness)
    L0N7M C:9:6</7-( *:;;6(9(N/ Cases: /o decide Chether Eudge is dis3ualified from hearing
    case on ground that Dhis impartiality might reasonaAly Ae 3uestioned,D court must in3uire Chether
    Eudge is Aiased against party, not 4 <m) Bur) #d Budges K "4% Chether Eudge is annoyed Cith party4s
    counsel) @omeI v) *t) Bude 9edical Daig Div) 7nc), 44# 0)3d 9"9 (.th Cir) #%%') <lthough the trial
    Eudge Aelieves in his oCn impartiality, it is the court4s duty to eliminate every semAlance of
    reasonaAle douAt or suspicion that a trial Ay a fair and impartial triAunal may Ae denied= thus, in
    assessing the sufficiency of the motion and affidavits, the Eudge must consider the appearance of Aias,
    for the integrity of the Eudicial process is impaired Chen the puAlic perceives partiality on the part of
    a Eudge) ;eople e1 rel) <)@), #4 ;)3d ". (Colo) <pp) #%"%', certiorari granted in part, #%"" ?6
    &.&%& (Colo) #%""' and rev4d in part, vacated in part, ## ;)3d 4 (Colo) #%""') /he mere Aelief that
    a Eudge might not Ae completely impartial is insufficient to Carrant recusal) Code of Bud)Conduct,
    Canon 3(('(#') *tate v) <tCood, #%"% 9( "#, 9&& <)#d 9&" (9e) #%"%') /he NeC 8ampshire
    Constitution guarantees the right of every citiIen to Ae tried Ay Eudges as impartial as the lot of
    humanity Cill admit, and the Code of Budicial Conduct reflects this guarantee and re3uires
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    2
    dis3ualification in a proceeding Chere the Eudge4s impartiality might reasonaAly Ae 3uestioned and to
    avoid even the appearance of impropriety) Const) ;t) ", <rt) 3.= *up)Ct)+ules, +ule 3&, Code of
    Bud)Conduct, Canon 3(('("') *tate v) Belyea, 999 <)#d "%&% (N)8) #%"%') ?ith respect to Eudicial
    dis3ualification, Eustice must satisfy the appearance of Eustice) *tate v) 9cCaAe, #%" N)B) 34, 9&7
    <)#d .7 (#%"%') <ny sort of employment negotiations Cith a party, Chether preliminary, tentative,
    indirect, unintentional, or ultimately unsuccessful, right Aefore or during a pending matter, reasonaAly
    call into 3uestion a Eudge4s impartiality) DeNi5e v) Cupo, "9 N)B) .%#, 9.& <)#d 44 (#%%&') /rial
    Eudge4s negotiations for post2retirement employment Cith laCyer Cho Cas handling a contested,
    pending matter Aefore Eudge created an appearance of impropriety that re3uired dis3ualification under
    Canon of Code of Budicial Conduct providing that a Eudge should dis3ualify himself in a proceeding
    in Chich the Eudge4s impartiality might reasonaAly Ae 3uestioned and +ule directing Eudges not to sit
    in any matter Chen there is any reason Chich might preclude a fair and unAiased hearing and
    Eudgment, or Chich might reasonaAly lead counsel or the parties to Aelieve so= Aecause employment
    discussions Aegan Eust days after Eudge issued second supplemental decision, and in the midst of
    arguments over the shape of the final Eudgment, the puAlic had reason to lac5 confidence in the
    integrity of the process and its outcome) DeNi5e v) Cupo, "9 N)B) .%#, 9.& <)#d 44 (#%%&') < Eudge
    should dis3ualify himself in a proceeding in Chich his impartiality might reasonaAly Ae 3uestioned,
    including instances Chere he has a personal Aias or preEudice against a party) Goon v) 0ares, 379 *)C)
    ".%, *)()#d #3% (#%%&') Due process, the appearance of fairness doctrine and the Code of
    Budicial Conduct re3uire a Eudge to dis3ualify himself if he is Aiased against a party or his impartiality
    may reasonaAly Ae 3uestioned) 7n re ?iatt, "." ?ash) <pp) ##, #"" ;)3d "%3% (Div) # #%%9') L(ND
    $0 *:;;6(9(N/M L0N"M *tate e1 rel) (dmisten v) /uc5er, 3"# N)C) 3#, 3#3 *)()#d #94 ("9&4')
    L0N#M :)*) v) Cherry, 33% 0)3d .& (4th Cir) #%%3'= ;erotti v) *tate, &% ;)#d 3#. (<las5a Ct) <pp)
    "99"'= Zoline v) /elluride 6odge <ss4n, 73# ;)#d 3. (Colo) "9&7'= 6os v) 6os, .9. <)#d 3&" (Del)
    "99"'= *tate v) Biddle, .# N)?)#d "9" (7oCa #%%#'= *tate v) 6ogan, #3 Gan) 79, &9 ;)#d 77&
    ("9&4'= Nichols v) Com), &39 *)?)#d #3 (Gy) "99#'= 8arris v) Board of /rustees of *tate Colleges,
    4%. 9ass) ."., .4# N)()#d #", .. (d) 6aC +ep) #47 ("9&9'= ?orthington v) *tate, " *)?)3d .
    (9o) #%%.'= Blaisdell v) City of +ochester, "3. N)8) .&9, %9 <)#d 3&&, #9 <)6)+).th &9" ("99#'=
    $rtiI v) City of NeC >or5, "3 9isc) #d .%%, ."& N)>)*)#d 9"3 (*up "9&7'= DelIer v) :nited Ban5 of
    Bismarc5, 4&4 N)?)#d .%# (N)D) "99#'= <rcon Const) Co), 7nc) v) *outh Da5ota Cement ;lant, 3&#
    N)?)#d & (*)D) "9&'= *tate v) Neeley, 74& ;)#d "%9" (:tah "9&&'= *tate v) (astaAroo5, .& ?ash)
    <pp) &%., 79. ;)#d "." (Div) # "99%'= /empleton v) /empleton, "79 ?) -a) .97, 37" *)()#d "7.
    ("9&&') L0N3M #& :)*)C)<) K 4..(a') <s to dis3ualification under #& :)*)C)<) K 4..(a' on the Aasis
    that a Eudge4s impartiality might reasonaAly Ae 3uestioned, see <m) Bur) #d, 0ederal Courts KK 7% to
    94) L0N4M Befferson2(l v) *tate, 33% 9d) 99, ## <)#d 737 ("993'= ?orthington v) *tate, " *)?)3d
    . (9o) #%%.'= *tate e1 rel) Bardac5e v) ?elsh, "%# N)9) .9#, 9& ;)#d 4# (Ct) <pp) "9&.'= *tate
    v) (astaAroo5, .& ?ash) <pp) &%., 79. ;)#d "." (Div) # "99%') :nder the DreasonaAle personD test for
    recusal of a federal Eudge on the grounds of 3uestionaAle impartiality, the reasonaAle person in a
    comple1, mass2tort, asAestos2related Aan5ruptcy case is the same average layperson Cho Could
    provide the standard in any case, not a person Cith professional s5ills and e1perience in such
    litigation) 7n re Gensington 7ntern) 6td), 3& 0)3d #&9 (3d Cir) #%%4') L0N.M +iola v) 6ong 7sland
    Cycle N 9arine, 7nc), 3.# 0) *upp) #d 3. (()D) N)>) #%%.'= 8enderson v) @ N @ Corp), .&# *o) #d
    .#9 (<la) "99"'= Bonelli v) Bonelli, #"4 Conn) "4, .7% <)#d "&9, &. <)6)+)4th 9" ("99%'= *tate v)
    *trayer, #4# Gan) "&, 7.% ;)#d 39% ("9&&'= Boyd v) *tate, 3#" 9d) 9, .&" <)#d " ("99%'= +ichard
    v) +ichard, "4 -t) #&, .%" <)#d ""9% ("9&.') L0NM 6yvers v) 6yvers, #&% *)C) 3", 3"# *)()#d
    .9% (Ct) <pp) "9&4') L0N7M Callahan v) *tate, ..7 *o) #d "#9# (<la) Crim) <pp) "9&9', Eudgment
    - 46-
    1
    2
    aff4d, ..7 *o) #d "3"" (<la) "9&9') <s to the dis3ualification of a Eudge as a material Citness, see K
    "%") T #%"# /homson +euters) 33234B T #%"# /homson +euters!+7<) No Claim to $rig) :)*) @ovt)
    ?or5s) <ll rights reserved) <9B:+ B:D@(* K "4% (ND $0 D$C:9(N/ <merican Burisprudence,
    *econd (dition DataAase updated <ugust #%"# Budges 6aura 8unter DietI, B)D) and 0ern 6) Gletter,
    B)D) and /homas B) CIelusta, B)D), of the staff of the National 6egal +esearch @roup, 7nc) 7U)
    Dis3ualification to <ct in ;articular Case B) @rounds 4) Bias or ;reEudice A) <pparent ;reEudice
    /opic *ummary Correlation /aAle +eferences K "4") Business, political, or social relations ?est4s
    Gey NumAer Digest ?est4s Gey NumAer Digest, Budges 549("', 49(#' ;reEudice groCing out of
    Ausiness, political, or social relations generally is insufficient to dis3ualify a Eudge)L0N"M
    Dis3ualification generally has not Aeen mandated simply Aecause a Eudge 5noCs socially one or more
    of the parties,L0N#M particularly in rural districts, Chere it is not at all uncommon for a Eudge to have
    a friendly relationship Cith numerous memAers of the community, Aut to nevertheless adEudicate
    legal issues Chich arise among community memAers)L 0N3M < trial Eudge is a part of the society in the
    community in Chich he or she sits, Eust li5e any other citiIen, and it is an inescapaAle fact of life that
    he or she Cill have had associations and friendships Cith parties coming Aefore the court)L0N4M
    8oCever, there is authority that if social relations AetCeen a Eudge and a party are suAstantial enough
    to merit disclosure Ay the Eudge and invite a motion for recusal, then, Chen such a motion is made,
    the disclosing Eudge should, as a general rule, dis3ualify himself or herself)L0N.M C:9:6</7-(
    *:;;6(9(N/ Cases: Budges should Cait a reasonaAle period of time Aefore discussing post2
    retirement employment Cith an attorney or laC firm that has appeared Aefore the Eudge, and Chat is
    reasonaAle depends on the circumstances) DeNi5e v) Cupo, "9 N)B) .%#, 9.& <)#d 44 (#%%&') L(ND
    $0 *:;;6(9(N/M L0N"M .3 Broad *treet Corp) v) -alco 9ortg) Co), "3. N)B) (3) .&", 39 <)#d
    7%% (Ch) 4 <m) Bur) #d Budges K "4" "944', order aff4d, "3 N)B) (3) ."3, 4# <)#d 7%4 (Ct) (rr) N
    <pp) "94.') 7n a capital murder case, the trial court did not err in stri5ing the defendant4s motion to
    dis3ualify the court and all Eudges at the courthouse Aased not on the assertion that the Eudge Cas
    personally Aiased against the defendant Aut Aecause the victim4s mother Cas a paralegal or legal
    secretary, and her fiance Cas a criminal defense laCyer, and Aoth Cere 5noCn to court personnel at
    the courthouse and had personal relationships Cith some of them) ;eople v) ;anah, 3. Cal) 4th 39.,
    #. Cal) +ptr) 3d 7#, "%7 ;)3d 79% (#%%.', petition for cert) filed (:)*) $ct) "7, #%%.') L0N#M *ears v)
    *tate, ## @a) &%., 4# *)()#d ..3 ("993') L0N3M Donnell v) Donnell, .7 *o) #d ""43 (6a) Ct) <pp)
    #d Cir) "99%') L0N4M (1 parte 8ill, .%& *o) #d #9 (<la) Civ) <pp) "9&7'= Bi1ler v) *tate, 47" N)()#d
    "%93 (7nd) "9&4') L0N.M +ichard v) +ichard, "4 -t) #&, .%" <)#d ""9% ("9&.')
    7U) Dis3ualification to <ct in ;articular Case B) @rounds 4) Bias or ;reEudice c) Budge4s
    <ctions or +ulings /opic *ummary Correlation /aAle +eferences K "49) Comments made Ay Eudge
    during proceedings ?est4s Gey NumAer Digest ?est4s Gey NumAer Digest, Budges 549("', 49(#'
    <)6)+) 6iArary Dis3ualification or +ecusal of Budge Due to Comments at Continuing 6egal
    (ducation (C6(' *eminar or $ther (ducational 9eetings, 49 <)6)+)th 93 /rial *trategy
    Dis3ualification of /rial Budge for Cause, .% <m) Bur) ;roof of 0acts 3d 449 0orms <m) Bur) ;leading
    and ;ractice 0orms, Criminal ;rocedure K 3%# <m) Bur) ;leading and ;ractice 0orms, 0ederal
    ;ractice and ;rocedure KK "%33, "%3. <m) Bur) ;leading and ;ractice 0orms, Budges KK ., &, ", "& to
    #%, #3 to #., #7, #& <m) Bur) ;leading and ;ractice 0orms, /rial KK #, #& 6aC +evieCs and $ther
    ;eriodicals Geeping :p <ppearances: /he Constitutionality of the 9odel Code of Budicial Conduct4s
    ;rohiAition of (1traEudicial *peech Creating the <ppearance of Bias, "9 @eo) B) 6egal (thics 44"
    (#%%' 4 <m) Bur) #d Budges K "49 *o long as a Eudge remains open2minded enough to refrain from
    finally deciding a case until all the evidence has Aeen presented, comments made Ay the Eudge during
    the course of the proceedings generally Cill not Ae considered as indicative of dis3ualifying Aias or
    - 47-
    1
    2
    preEudice)L 0N"M <Asent 3uite unusual circumstances, a Eudge cannot Ae recused for vieCs formed on
    the Aasis of Chat he or she learned in court)L0N#M Budicial remar5s made during the course of a trial
    that are critical or disapproving of, or even hostile to, counsel, the parties, or their cases ordinarily do
    not support a Aias or partiality challenge)L0N3M ?hat a Eudge learns in his or her Eudicial capacity is a
    proper Aasis for Eudicial oAservations and the use of such information should not result in
    dis3ualification)L0N4M 9ere criticism of a party or his or her attorney does not indicate preEudice)
    L0N.M 8oCever, Chen a Eudge4s remar5s are so e1treme that they shoC that his or her decision has
    Aeen predetermined, improper Aias or preEudice Cill Ae found to e1ist)L0NM L0N"M 9adsen v)
    ;rudential 0ederal *av) and 6oan <ss4n, 77 ;)#d .3& (:tah "9&&') L0N#M $Aert v) +epuAlic ?estern
    7ns) Co), 39& 0)3d "3& ("st Cir) #%%.') L0N3M 7n re Community Ban5 of Northern -irginia, 4"& 0)3d
    #77 (3d Cir) #%%.') L0N4M ;eople v) 9cCarty, &." ;)#d "&" (Colo) Ct) <pp) "99#', Eudgment aff4d,
    &74 ;)#d 394 (Colo) "994') L0N.M 7n re <ntonio, "# <)#d .% (+)7) "99#') L0NM Burgess v) *tate, &9
    9d) <pp) .##, .9& <)#d &3% ("99"'= 9iddleton v) (vers, .". *o) #d 94% (9iss) "9&7') < Eudge4s
    comments during sentencing, that his goal from the Aeginning Cas to enforce a repatriation order
    against the defendant and a final Eudgment issued during a concurrent civil proceeding and give Aac5
    the recovered proceeds to the puAlic, Cas a star5 e1ample of the appearance of a high degree of
    antagonism toCard the defendant and the district Eudge should have sua sponte recused himself) :)*)
    v) <ntar, .3 0)3d .& (3d Cir) "99.')
    Budge Clifton responded to Coughlin 3uery on #!"3!"3 as to Chy the . day contempt
    incarceration Cas not set off Ay the time served Coughlin had already accrued in +C+"#2%.3%, to
    Chich Budge Clifton responded that such accrued time served Could Ae ta5en off the sentence Budge
    Clifton gave Coughlin once all the evidence Cas in an he had heard the parties closign arguments)
    Despite his presence at the "#!""!"# trial date in +C+"#2%.3% Aeing mentioned in the
    alleged "#!"#!"# email from Coughlin Cith a suAEect line of D/he /hree (4sD (apparently referencing
    ?6*4s (lcano, #BDC Budge (lliott, and NNDB ;anel Chair (cheverria, Chom all Cent to *tanford
    :niversity toegether in the late "9%4s, and Chere (lliott Cor5ed as an associate at (cheverria4s
    father4s laC firm, (lcano and (cheverria admit to Aeing Aoyhood chums, active in the Cine Ausiness,
    etc), etc), and Chere (lliott served on C<<?4s (1ecutive Board yet failed to mention that or recuse
    himself in Coughlin4s Crongful termination laCsuite Cherein ?6* and C<<? Cere co2defendant4s
    C-""2%"9.., a matter Chich Cas ta5en over Ay former ?CD<4s $fficer criminal division Chief
    Deputy , noC Budge *attler) NoC Cith #BDC Chief Budge 8ardy4s sudden $rder transferring all of
    Coughlin4s cases to #BDC Budge *tiglich, removing some . criminal matters Cherein Coughlin is a
    defendant or appellant from Budge *attler, the legitimacy of Budge *attler4s recent rulings on
    Coughlin4s cases, particularly the appeal and 9andamus related thereto of a *C+ """(' conviction
    issued Ay Budge Clifton in C+"32%"4, and the connected mandamus petition in C+"32%..# (Chich
    Budge *attler struc5 from the record, similar to Budge (lliott stri5ing most all of Coughlin4s filings on
    his last day in office 3!&!"3 in C+"#2#%#.' is, uh, rather suspect)
    .) ;rior ;articipation in, Connection ?ith, or GnoCledge of the Case or ;arties c) <s <ttorney
    /opic *ummary Correlation /aAle +eferences K ") <s prosecutor ?est4s Gey NumAer Digest ?est4s
    Gey NumAer Digest, Budges 547("', 47(#' <)6)+) 6iArary ;rior +epresentation or <ctivity as
    ;rosecuting <ttorney as Dis3ualifying Budge from *itting or <cting in Criminal Case, &. <)6)+).th
    47" 0orms <ffidavitS/o dis3ualify Eudge for preEudiceS;revious prosecution of defendant Ay Eudge
    Chile district attorney, <m) Bur) ;leading and ;ractice 0orms, Budges K ## < numAer of courts have
    ta5en the position that a Eudge Cho had Aeen a district attorney at the time that the defendant Cas
    prosecuted for an offense is dis3ualified, in general, from sitting as a Eudge in a further proceeding
    involving the same defendant in the same offense, often on the ground that a statutory provision
    - 48-
    1
    2
    renders the Eudge dis3ualified, despite the fact that the Eudge Cas not at all involved in the actual
    prosecution)L0N"M 8oCever, other courts have reached the conclusion that a Eudge is not dis3ualified
    if he or she did not appear personally or participate in the action,L0N#M fre3uently reasoning that
    dis3ualification on such grounds Could hamper the smooth operation of Eudicial administration Ay
    causing too many dis3ualifications on technical grounds)L0N3M < Eudge Cho Cas a former prosecutor
    is not dis3ualified from hearing a criminal case if the crime occurredL0N4M or the information Cas
    filedL0N.M after the Eudge Cas appointed) $ne Cho has personally prosecuted or Aeen actively
    engaged in any Cay in the prosecution and conviction of one accused of a crime is dis3ualified from
    sitting as Eudge in a matter 4 <m) Bur) #d Budges K " involving that conviction, even in the aAsence
    of a shoCing of Aias)L0NM ?hile it has Aeen held that a Eudge should dis3ualify himself or herself in
    a criminal matter Chich Cas pending in his or her office Chen he or she Cas prosecutor, Chether or
    not he or she actually participated in the investigation or prosecution of the case, or had actual
    5noCledge of it on the Aasis that as the prior head of such office, a Eudge Could have had the overall
    responsiAility for the conduct of the case,L0N7M there is also authority that a Eudge, Cho had Aeen a
    district attorney in a mere supervisory or administrative capacity at the time that a defendant Cas
    prosecuted for an offense, should not Ae dis3ualified, since the Eudge had never handled the case or
    acted as counsel,L0N&M and dis3ualification on such technical grounds Could hamper the smooth
    operation of Eudicial administration)L0N9M L0N"M (1 parte *anders, .9 *o) #d "%3 (<la) Crim) <pp)
    "99.'= *tate e1 rel) CorAin v) *uperior Court of *tate of <riI), 7n and 0or 9aricopa County, ".. <riI)
    .%, 74& ;)#d ""&4 ("9&7'= *mall v) Com), "7 *)?)#d " (Gy) Ct) <pp) "9&"'= *tate v) ?illiams, 7&&
    *o) #d .". (6a) Ct) <pp) 4th Cir) #%%"'= 0rierson v) *tate, % *o) #d %4 (9iss) "99#'= ;eople v)
    *cott, 34 <)D)#d 4%7, 3"3 N)>)*)#d "&. (4th Dep4t "97%'= 6ee v) *tate, ... *)?)#d "#" (/e1) Crim)
    <pp) "977') L0N#M 9angum v) 8argett, 7 0)3d &% (.th Cir) "99.'= ;ayne v) *tate, 4& <la) <pp) 4%",
    #. *o) #d "&. (Crim) <pp) "97#'= ;eople v) Delongchamps, "%3 9ich) <pp) ".", 3%# N)?)#d #
    ("9&"'= +odrigueI v) *tate, 4&9 *)?)#d "#" (/e1) Crim) <pp) "97#') L0N3M *tate e1 rel) CorAin v)
    *uperior Court of *tate of <riI), 7n and 0or 9aricopa County, ".. <riI) .%, 74& ;)#d ""&4 ("9&7')
    L0N4M Birge v) *tate, .3 <la) <pp) .#4, 3%" *o) #d #& (Crim) <pp) "974'= Geel v) *tate, ..# ;)#d
    ".. (<las5a "97'= ;eople v) /homas, & Cal) 3d ."&, "%. Cal) +ptr) 3, .%3 ;)#d "374 ("97#')
    L0N.M Com) v) Darush, .%" ;a) "., 4.9 <)#d 7#7 ("9&3') L0NM 0isher v) *tate, #% <r5) "77, "74
    *)?)#d 44 ("943'= +oAerts v) *tate, "" *o) #d &77 (0la) Dist) Ct) <pp) #d Dist) "94'= Calvert v)
    *tate, 49& N)()#d "%. (7nd) Ct) <pp) 4th Dist) "9&'= *mith v) *tate, #"# 9iss) 497, .4 *o) #d 739
    ("9."'= *tate v) /uc5er, #4 N)B) *uper) .49, #. <)#d 34 (<pp) Div) "993'= Cantu v) *tate, &%#
    *)?)#d 349 (/e1) <pp) *an <ntonio "99%', petition for discretionary revieC refused, (9ay ", "99"')
    L0N7M *tate v) 9cNamara, #"# N)B) *uper) "%#, ."4 <)#d 3 (<pp) Div) "9&') L0N&M ;eople v)
    /homas, "99 7ll) <pp) 3d 79, "4. 7ll) Dec) 344, .. N)()#d "#4 (#d Dist) "99%') L0N9M /urner v)
    *tate, .73 *o) #d .7 (9iss) "99%')
    K "7) <s prosecutorS;rosecution in other criminal proceedings ?est4s Gey NumAer Digest
    ?est4s Gey NumAer Digest, Budges 547("', 47(#' <)6)+) 6iArary ;rior +epresentation or <ctivity as
    ;rosecuting <ttorney as Dis3ualifying Budge from *itting or <cting in Criminal Case, &. <)6)+).th
    47" Budges are not dis3ualified from sitting or acting in criminal cases on the ground that they have
    previously prosecuted defendants in unrelated criminal proceedings)L0N"M /here is no per se rule that
    a Eudge Cho has formerly prosecuted a defendant must dis3ualify himself or herself from presiding
    over a trial on unrelated charges against that defendant aAsent some shoCing of preEudgment or Aias)
    L0N#M 8oCever, Chere a Eudge previously prosecuted a defendant on related charges, dis3ualification
    has Aeen held necessary)L0N3M < Eudge Cho Cas a prosecutor is not dis3ualified from hearing a case
    involving a repeat offender, Cho may Ae suAEect to enhanced punishment, even though the Eudge
    - 49-
    1
    2
    prosecuted the defendant in the prior felony cases,L0N4M though there is authority that Eudges are
    dis3ualified from sitting or acting in criminal cases on the ground that they previously prosecuted the
    defendants in unrelated criminal proceedings that are Aeing adduced to prove the defendants4 status as
    haAitual criminals or to enhance sentencing)L0N.M L0N"M :)*) v) Bauer, "9 0)3d 4%9 (&th Cir) "994'=
    7rAy v) *tate, 4#9 *o) #d ""79 (<la) Crim) <pp) "9&3'= Beshears v) *tate, 3#9 <r5) 49, 947 *)?)#d
    7&9 ("997'= *tate v) Bun5er, &9 Conn) <pp) %., &74 <)#d 3%" (#%%.', certification granted in part,
    #7. Conn) 9%3, &&# <)#d 77 (#%%.'= Ging v) *tate, #4 @a) 3&, #7" *)()#d 3%, " 4 <m) Bur) #d
    Budges K "7 <)6)+)4th .4. ("9&%'= *tate v) 9aduell, 3# *o) #d &#% (6a) "97'= ;eople v) ?illiams,
    "9& 9ich) <pp) .37, 499 N)?)#d 4%4 ("993'= Cantrell v) *tate, .%7 *o) #d 3#. (9iss) "9&7'= ;eople
    e1 rel) *tic5le v) 0ay, "4 N)>)#d &3, #49 N)>)*)#d &79, "9& N)()#d 9%9 ("94'= *atterlee v) *tate,
    "97 $G C+ &&, .49 ;)#d "%4 ($5la) Crim) <pp) "97'= Com) v) $4*hea, .#3 ;a) 3&4, .7 <)#d "%#3
    ("9&9'= 9itchell v) Class, .#4 N)?)#d &% (*)D) "994'= Dean v) *tate, 93& *)?)#d 74 (/e1) <pp)
    8ouston "4th Dist) "997'= Davis v) Com), #" -a) <pp) .&7, 4 *)()#d 74" ("99') L0N#M @oodspeed
    v) Beto, 34" 0)#d 9%& (.th Cir) "9.'= *tate v) ?illiams, ."7 *o) #d "#& (6a) Ct) <pp) 4th Cir) "9&7',
    Crit denied, .#% *o) #d 74& (6a) "9&&'= 9aloney v) 9a1Cell, "74 $hio *t) &4, #" $hio $p) #d 34",
    "& N)()#d 7#& ("9#'= Com) v) $4*hea, .#3 ;a) 3&4, .7 <)#d "%#3 ("9&9'= NevareI v) *tate, &3#
    *)?)#d &# (/e1) <pp) ?aco "99#', petition for discretionary revieC refused, (Nov) #., "99#'= *tate v)
    Neeley, 74& ;)#d "%9" (:tah "9&&') L0N3M ;eople v) *mith, "#% <)D)#d 7.3, .%3 N)>)*)#d 7# (#d
    Dep4t "9&') L0N4M Bordon v) *tate, #74 <r5) .7#, # *)?)#d 947 ("9&#'= *tate v) Zamora, "#9 7daho
    &"7, 933 ;)#d "% ("997'= Dishman v) *tate, .#. N)()#d #&4 (7nd) "9&&'= Com) v) Carter, 7%" *)?)#d
    4%9 (Gy) "9&.'= ;eople v) ;otter, "". 9ich) <pp) "#., 3#% N)?)#d 3"3 ("9&#'= ;eople v) Bones, "43
    <)D)#d 4., .3# N)>)*)#d .& (3d Dep4t "9&&'= *tate v) ?arner, 49 *)?)#d .&% (/enn) "9&3'=
    8athorne v) *tate, 4.9 *)?)#d &# (/e1) Crim) <pp) "97%') L0N.M CraCford v) *tate, & *o) #d "99
    (<la) Crim) <pp) "99'= *incavage v) *uperior Court, 4# Cal) <pp) 4th ##4, 49 Cal) +ptr) #d ". ("st
    Dist) "99'= @oines v) *tate, 7%& *o) #d . (0la) Dist) Ct) <pp) 4th Dist) "99&')
    K "9) Duty of Eudge to dis3ualify self ?est4s Gey NumAer Digest ?est4s Gey NumAer Digest,
    Budges 5 39, .%, ."("' 0orms Certificates Ay Eudge dis3ualifying himself or herself) <m) Bur) ;leading
    and ;ractice 0orms, Budges KK 9, 44 ConsentS$f EudgeS/o transfer cause to another Eudge) <m)
    Bur) ;leading and ;ractice 0orms, Budges K 4 $rderSDesignating pro tem EudgeS$n voluntary
    dis3ualification of regular EudgeS*tipulation Ay parties to trial Eudge) <m) Bur) ;leading and ;ractice
    0orms, Budges K .. $rderSDesignating pro tem EudgeS$n re3uest of dis3ualified EudgeS
    /emporary transfer from other Eudicial circuit) <m) Bur) ;leading and ;ractice 0orms, Budges K . <
    Eudge has a duty to self dis3ualify himself or herself as soon as he or she is aCare that legal grounds
    therefor e1ist)L0N"M /he preEudice must Ae such that the defendant cannot receive a trial uninfluenced
    Ay the court4s preEudgment,L0N#M a decision left to the court4s reasonaAle discretion)L0N3M /he Eudge
    need not state the reasons for the recusal)L0N4M < Eudge may self dis3ualify Chere he or she harAors
    actual preEudice in the caseL0N.M or has Aeen personally attac5ed=L0NM Chenever the Eudge4s
    conduct is not aAove reproach=L0N7M or Chere disciplinary charges related to the case have Aeen filed
    against the Eudge)L0N&M :nder the Code of Budicial Conduct, a Eudge shall dis3ualify himself or
    herself Chere:L0N9M 4 <m) Bur) #d Budges K "9 ("' the Eudge4s impartiality might reasonaAly Ae
    3uestioned, such as Chere the Eudge has a personal Aias against an attorney or a party or has a
    personal interest in the matter= (#' Chere the Eudge served as a laCyer or Cas a material Citness
    regarding the matter= (3' Chere a relationship of the Eudge is a party, attorney, or material Citness or
    has a material interest in the matter= or (4' Chere the Eudge 5noCs that a party or attorney made
    significant contriAutions to the Eudge4s campaign) (ven Chen the canons do not re3uire recusal, a
    Eudge may recuse himself or herself)L 0N"%M <n appellate Eudge may properly recuse himself or
    - 50-
    1
    2
    herself only from consideration of a particular issue in a case and may consider other issues severaAle
    from that re3uiring recusal)L 0N""M *ua sponte recusal is unnecessary if the parties consent to the
    Eudge hearing the case)L0N"#M 7t is as much the duty of a trial Eudge not to self recuse Chen there are
    insufficient grounds to do so as it is to self recuse Chen there are grounds to do so)L0N"3M
    C:9:6</7-( *:;;6(9(N/ Cases: Budge4s participation in disposition of defendant4s criminal
    case Cas not an oAvious or clear error that affected defendant4s suAstantial rights, and thus Eudge Cas
    not re3uired to sua sponte recuse himself for Aias under recusal statute) #& :)*)C)<) K 4..(A') :)*) v)
    Bohnson, &% 0)3d 9 (7th Cir) #%"#') /o deter unhappy litigants from aAusing recusal statute and to
    promote faith in Eudicial system, Eudge has as much oAligation not to recuse himself Chere there is no
    reason to do so as he does to recuse himself Chen proper) #& :)*)C)<) K 4..(a') *)()C) v) BilIerian,
    7#9 0) *upp) #d "9 (D)D)C) #%"%') < Eudge may voluntarily dis3ualify himself from presiding over a
    hearing for any reason at all) +ules Civ);roc), +ule 4%(d'(4') ?oods v) *anders, #44 ;)3d "97 (7daho
    #%"%') /o avoid raising reasonaAle 3uestions aAout their impartiality, Eudges must dis3ualify
    themselves from matters involving parties or attorneys Cith Chom they have discussed future
    employment, Aoth Chen discussions lead to a future relationship and Chen they do not) Canon 3(C'
    ("' of the Code of Budicial Conduct) DeNi5e v) Cupo, "9 N)B) .%#, 9.& <)#d 44 (#%%&') L(ND $0
    *:;;6(9(N/M L0N"M ;ope v) *tate, #.7 @a) 3#, 3.4 *)()#d 4#9 ("9&7') <s to Eudge4s responsiAility
    to disclose any potential conflict, see K &%) <s to self recusal in federal court, see <m) Bur) #d, 0ederal
    Courts K 47) L0N#M -autrot v) ?est, #7# @a) <pp) 7"., "3 *)()#d "9 (#%%.') L0N3M 7n re 9arriage of
    @oellner, 77% ;)#d "3&7 (Colo) Ct) <pp) "9&9') L0N4M *tate e1 rel) 9osshammer v) <llen *uperior
    Court No) 3, #4 7nd) 3, #% N)()#d "39 ("9.') L0N.M 0loCers v) *tate, 73& N)()#d "%." (7nd)
    #%%%') L0NM Coo5e v) :)*), #7 :)*) ."7, 4. *) Ct) 39%, 9 6) (d) 77 ("9#.') L0N7M 7n 7nterest of
    9orroC, 4%% ;a) *uper) 339, .&3 <)#d &" ("99%') L0N&M *tate v) 8unt, "47 -t) 3", .#7 <)#d ##3
    ("9&7') L0N9M Code of Budicial Conduct Canon 3() L0N"%M *cheehle v) Bustices of the *upreme Court
    of the *tate of <riIona, #"" <riI) #&#, "#% ;)3d "%9# (#%%.') L0N""M 0lorida ;atient4s Compensation
    0und v) -on *tetina, 474 *o) #d 7&3 (0la) "9&.') L0N"#M *tate v) $rtiI, &3 Conn) <pp) "4#, &4& <)#d
    "#4 (#%%4', certification denied, #7% Conn) 9"., &.3 <)#d .3% (#%%4') <s to Caiver of
    dis3ualification Ay consent, see K #"") L0N"3M <le1ander v) *tate, #%%. ?6 #9793"3 (@a) Ct) <pp)
    #%%.') T #%"# /homson +euters) 33234B T #%"# /homson +euters!+7<) No Claim to $rig) :)*)
    @ovt) ?or5s) <ll rights reserved) <9B:+ B:D@(* K "9
    K "7%) Duty of Eudge to dis3ualify selfS?here Eudge is called as a Citness ?est4s Gey NumAer Digest ?est4s
    Gey NumAer Digest, Budges 5 .%, ."("' 0orms CertificateSBy EudgeSDis3ualifying himself or herself) <m) Bur)
    ;leading and ;ractice 0orms, Budges K 9 < Eudge Cho Cill Ae called as a Citness for either party should, if he or she has
    ade3uate notice, certify his or her dis3ualification Chere necessary and ma5e Chatever necessary arrangements to have
    another Eudge presiding at the trial)L0N"M 7f notice is insufficient to ma5e such an arrangement, the Eudge should refuse to
    testify as a Citness in the case,L0N#M at least on matters that can Ae proved Ay another Citness)L0N3M L0N"M Brashier v)
    *tate, "97 9iss) #37, #% *o) #d ., ".7 <)6)+) 3"" ("944'= Gennedy v) *tate, .9 $5la) Crim) "", .. ;)#d 79# ("93')
    L0N#M Brashier v) *tate, "97 9iss) #37, #% *o) #d ., ".7 <)6)+) 3"" ("944') L0N3M Gennedy v) *tate, .9 $5la) Crim) "",
    .. ;)#d 79# ("93') 0or dis3ualification of a Eudge as a Citness, see KK 99 to "%") T #%"# /homson +euters) 33234B T
    #%"# /homson +euters!+7<) No Claim to $rig) :)*) @ovt) ?or5s) <ll rights reserved) <9B:+ B:D@(* K "7%
    N+* 33)#&%(#' declares that a court may not issue a /emporary or (1tended $rder for ;rotecX
    tion <gainst 8arassment in the ?or5place that is against more than one person) <rguaAly, +;D DeX
    tective and +9C Budge ?) @ardner4s interpretation of the language in Aoth the /;$ and the (;$
    Chich purport to limit Coughlin4s aAility to have a filing, suApoena, or some other legal document
    served or delivered to or on the *BN or its Cler5 of Court in any manner other than through the
    Q:nited *tates 9ailY is violative of such a statutory prohiAition Chere such a restriction in those ;roX
    tection $rders essentially amounts to the orders Aeing Qagainst more than one personY)
    - 51-
    1
    2
    8urther, -9C *aiiff Engish's purported :P-OO8 O8 SE-;ICE +PON (<;E-SE
    P(-TY= fais to satisfy the N-CP 5 re>uirements in that it fais to that that Engish is :o)er /?
    years of age= and fais to indicate that he is a 'non%paty=, @homsoe)er may thin" that #e an
    utra technica approach might re)ie! 9udge Eiott's and (dam's !or" in disposing of CoughA
    in's a!suits against @ashoe Lega Ser)ices in C;//%4/?1B, and against @ashoe Lega SerA
    )ices, C((@, and T@S in C;//%4/177, referencing .arin's citation to :actua ser)ice does not
    e'cuse the faiure to technicay compy !ith ser)ice rues= approach, (t east Coughin !as
    not ha)ing court staff, Marshas, and *aiiff's 6a##ing there forearms into @LS's Ecano's a#A
    domen and thrusting this or that document attempted ser)ed into his face, inside the courtA
    house, !hie he !as at the courthouse to attend court, in a matter su#stantiay connected to the
    su#6ect matter from !hich the document purported to #e then ser)ed stemmed
    /he (;$ in %7 is void for Ging and the *BN4s failure to meet a variety of Eurisdictional preX
    re3uisites, including the failure to file an (;$ <pplication as re3uired Ay N+* 33)#7%) <s such, the
    alleged violations Ay Couglin in the (;$ Complaint in 39"4 should fail (Aeyond the fact that the
    allged activity, fa1ing a filing (li5ely a post2hearing or post20$0C$6!3uasi2 QDecisionY 9otion' to
    the *BN4s Cler5 of Court Chere *C+ "%.(4', NNDB *usich4s 7!#7!"# email to Coughlin, and *BN
    Cler5 of Court ;eters e1press indications to Couglin on 9!""!"# (Chich Cere never countered or disX
    puted, Chether in ;eters "%!9!"# <ffidavit of 6aura ;eters, any of her emails to Coughlin, or any
    statements Ay Ging or the *BN or $BC or NNDB!;anel, though, upon information and Aelief, the
    *BN!$BC4s +ose Cota has admitted that the *BN!$BC has accepted filings Ay fa1 in disciplinary
    matters as Cell) 0urther, Ging and the *BN failed to file the re3uired security:
    ?or5place 8arassment /;$RsS/he *ecurity +e3uirement N+* 33)#7%(#' declares that a
    /emporary $rder for protection against harassment in the Cor5place Qmust not Ae issued Cithout the
    giving of security Ay the employer in an amount determined Ay the court to Ae sufficient to pay for
    such costs and damages as may Ae incurred or suffered Ay the person Cho allegedly committed the
    harassment if the person Cho allegedly committed the harassment is found to have Aeen Crongfully
    enEoined or restrained)Y /he <$C /;$ 0orms Committee set the amount of the security as H"%%)%%
    cash)
    <lso, Ging is not aAle to sign the declaration or verify either a /;$ or (;$ application, it
    must Ae an QofficerY of the *BN)
    $nly in the conte1t of ?or5place /;$Rs is one specific interpretation e1plicit) *ee N+*
    33)#7%(.' (Q< temporary order for protection against harassment in the Cor5place that is granted,
    Cith or Cithout notice, must e1pire not later than ". days after the date on Chich the order is issued) )
    ) )Y') L(mphasis addedM)
    *C+ +uleZ""4)ZZ+eciprocal discipline)
    4)ZZ7D(N/7C<6 D7*C7;67N( /$ B( 79;$*(D= (UC(;/7$N*)ZZ<0/(+ /8( /79( 0$+
    /8( <//$+N(> /$ +(*;$ND 8<* (U;7+(D, /8( *:;+(9( C$:+/ *8<66 79;$*( /8(
    - 52-
    1
    2
    7D(N/7C<6 D7*C7;67N( +NLESS TCE (TTO-NEY <EMO N ST-(TES, O- TCE S+P-EME CO+-T
    8IN<S, TC(T ON TCE 8(CE O8 TCE -ECO-< +PON @CICC TCE <ISCIPLINE IS P-E<IC(TE< IT
    CLE(-LY (PPE(-S :
    (a'Z/hat the procedure in the other 6urisdiction !as so ac"ing in notice or opportunity to
    #e heard as to constitute a depri)ation of due process= or
    (A'Z/hat there Cas such an infirmity of proof esta#ishing the misconduct as to gi)e rise to
    the cear con)iction that the court coud not, consistent !ith its duty, accept the decision of the
    other 6urisdiction as fairy reached= or
    (c'Z/hat the misconduct estaAlished C arrants su#stantiay different discipine in this state = or
    (d'Z/hat the misconduct esta#ished does not constitute misconduct under any Nevada +ule
    of ;rofessional Conduct)
    7f the court determines that any of the preceding factors e1ist, it sha enter an appropriate
    order)
    .)ZZ<iscipine ese!here res judicata )ZZ7n all other respects, a fina ad6udication in another
    6urisdiction that an attorney has engaged in misconduct concusi)ey esta#ishes the misconduct
    for the purposes of a discipinary proceeding in this state,Y
    /he converse of *C+ +ule ""4(.' (applied here Ay analogy' is that the failure of the various
    $rder4s involved here to ma5e a Qfinal adEudication)))that))attorney (Coughlin, and the !#!"# $rder
    in 08( # Cas entered Chile Coughlin4s laC license Cas temporarily suspended, Chich, assuredly,
    ?CD< DD< ?atts2-ial Could agree, means such $rder can in no Cay Ae asserted as any sort of
    proof, conclusive or otherCise, of any sort of professional misconduct on Coughlin4s part, right,
    DD< ?attsF <lso, consider +9C Budge ?) @ardner repeatedly referring to Coughlin as Qan attorX
    neyY during the !"&!"# /rial in #4%., Chich, again, occurred Chile Coughlin4s laC license in
    Nevada Cas temporarily suspended') 0urther, the language in *C+ ""4(.' referring to Qanother EurisX
    dictionY does not necessarily re3uire such Qfinal adEudicationY occur in Ay Qthe imposition of discipX
    linary sanctions in another EurisdictionY outside the *tate of Nevada) *uch use of the term QEurisdicX
    tionY in the phrase Qanother EurisdictionY may Ae ta5en to mean another court within Nevada, espeX
    cially considering the Cording of *C+ +ule 99)
    Q*C+ +uleZ99)ZZBurisdiction)
    ")ZZ(-(+> <//$+N(> <D97//(D /$ ;+<C/7C( 6<? 7N N(-<D<, *;(C7<66> <D97//(D B> < C$:+/ $0 /87*
    */</( 0$+ < ;<+/7C:6<+ ;+$C((D7N@, ;+<C/7C7N@ 6<? 8(+(, ?8(/8(+ *;(C7<66> <D97//(D $+ N$/, $+ ?8$*(
    <D-(+/7*7N@ 0$+ 6(@<6 *(+-7C(* +(@:6<+6> <;;(<+* 7N N(-<D< 7* *:BB(C/ /$ /8( (UC6:*7-( D7*C7;67N<+>
    B:+7*D7C/7$N $0 /8( *:;+(9( C$:+/ <ND /8( D7*C7;67N<+> B$<+D* <ND 8(<+7N@ ;<N(6* C+(</(D B> /8(*( +:6(*)
    #)ZZN$/87N@ C$N/<7N(D 7N /8(*( +:6(* D(N7(* <N> C$:+/ /8( ;$?(+ /$ 9<7N/<7N C$N/+$6 $-(+
    ;+$C((D7N@* C$ND:C/(D B(0$+( 7/, *:C8 <* /8( ;$?(+ $0 C$N/(9;/, N$+ D$ /8(*( +:6(* ;+$87B7/ <N>
    <**$C7</7$N 0+$9 C(N*:+7N@, *:*;(ND7N@, $+ (U;(667N@ 7/* 9(9B(+*)
    *C+ +:6(Z""%)ZZS+*POEN( PO@E-, P-O<+CTION O8 <OC+MENTS, @ITNESSES, (N< P-ET-I(L
    P-OCEE<IN.S )
    - 53-
    1
    2
    ")ZZIssuance of su#poenas Ay hearing panels and Aar counsel)ZZBar counsel and a memAer of a
    hearing panel Cho is also a state Aar memAer, in matters under investigation Ay either, may adminisX
    ter oaths and affirmations and issue and compel Ay suApoena the attendance of Citnesses and the proX
    duction of pertinent Aoo5s, papers, and documents) The attorney may aso compe #y su#poena the
    attendance of !itnesses and the production of pertinent #oo"s, papers, and other documents
    #efore a hearing pane) Subpoena and witness fees and mileage shall be the same as in a district
    court)
    #)ZZConfidentiality stated on suApoena)ZZ*uAEect to the provisions of +ule "#", suApoenX
    as shall clearly indicate on their face that they are issued in connection Cith a confidential inX
    vestigation under these rules and that it is regarded as contempt of the supreme court or
    grounds for discipline under these rules for a person suApoenaed to in any Cay Areach the
    confidentiality of the investigation) 7t shall not Ae regarded as a Areach of confidentiality for a
    person suApoenaed to consult Cith counsel or to ansCer 3uestions as5ed Ay Aar counsel or the
    attorney to determine the facts "no!n #y the !itness)
    3)ZZ(ttachment of person for faiure to o#ey su#poena or produce documents)ZZ?henever
    any person suApoenaed to appear and give testimony or to produce Aoo5s, papers, or other documents
    as re3uired Ay suApoena, or re3uested to provide documents pursuant to +ule 7&).("'(A', refuses to
    appear or testify #efore a hearing pane, or to ans!er any pertinent or proper >uestions, or to
    pro)ide the re>uested documents, that person sha #e deemed in contempt of the discipinary
    #oard, and the chair of the disciplinary #oard shall report the fact to a district 6udge of the
    cou n ty in !hich the hearing is #eing hed or the in)estigation conducted ) /he district court sha l
    promptly issue an attachment in the form usual in the court, directed to the sheriff of the county,
    commanding the sheriff to attach such person and #ring such person forth!ith #efore the
    court) $n the return of the attachment, and the production of the person attached, the district court
    shall have jurisdiction of the matter= and the person charged may purge himsef or hersef of the
    contempt in the same Cay, and the same proceedings shall Ae had, and the same penalties may be
    imposed, and the same punishment inflicted as in the case of a Citness suApoenaed to appear and
    give evidence on the trial of a civil cause Aefore a district court of the *tate of Nevada)
    4)ZZContest of subpoena)ZZ< contest of a suApoena sha #e heard and determined #y the
    chair of the appropriate discipinary board)
    .)ZZ+estriction on discovery)ZZDiscovery Ay the attorney, other than under +ule "%.(#'
    (c', is not permitted prior to hearing, e'cept #y the order of the chair for good cause upon moA
    tion under -ue /40$7& or -ue /40$B&,
    )ZZrehearing conference)ZZ<t the discretion of the chair, a prehearing conference may Ae
    ordered for the purpose of o#taining admissions or other!ise narro!ing the issues presented #y
    the peadings) /he conference may Ae held Aefore the chair or the chairRs designee)Y
    /here is nothing in the record to indicate the NNDB Chairman *usich identified any QdesignX
    eeY for the purpose of carrying out all the matters Cith Chich the QchairY (in all instances in *C+ ""%
    the term QchairY is used Cith respect to the QchairY of the Qdisciplinary AoardY or QAoardY and the
    term QpanelY is noChere to Ae found therein) /his ma5es good sense, as the Chair of the Disciplinary
    Board is a continuing position Cherein such Chair, presumaAly, given the prestige and poCer attendX
    ant to such a position, Could Ae someone possessing sufficient, particulariIed 5noCledge of the suAX
    stantive and procedural issues typically arising in a disciplinary matter conte1t sufficient to ma5e sure
    - 54-
    1
    2
    that the various poCers accorded to such Qdisciplinary Aoard chairY Cithin *C+ ""% (and, also,
    under , is not permitted prior to hearing, e1cept Ay the order of the chair for good cause upon motion
    under +ule "%3(.' or +ule "%3('' to so entrust Cith such authority) ?hile NNDB Chair *usich4s
    7!#7!"# Criting to Coughlin directs Coughlin to coordinate and in3uire as to certain matters Cith the
    *BN4s $BC and *BN Cler5 of Court 6aura ;eters, it in noC Cay, authoriIes or identifies the *BN,
    $BC, or *BN Cler5 of Court as a *C+ ""%(' QdesigneeY) 0urther, the use of the term QconferenceY
    in *C+ ""%(' necessarily re3uires Coughlin4s participation, or, at least, an opportunity to participate
    in such a conference Ae given to Coughlin, and notice thereof) 7nstead, the NNDB, ;anel, and $BC
    continually treated Coughlin li5e the Elephant Man) Coughlin is not an animal) 8e is a human AeX
    ing)
    0urther, Ging li5ely violated +;C 3)", 3)#, 3)3, 3)4, 3)., 3)&, &)", &)#, and &)4 Chere he admitX
    ted to Coughlin, on "%!".!"# that he fully intended to have such a conference in Coughlin4s aAsence
    (and apparently did so' an an effort to achieve his stated goal of s5irting the e1press dictates in this
    Court4s !7!"# $rder in %&3& and *C+ """(&' and thereAy QconsolidateY the re3uirement stemming
    from this Court4s $rder (Chich e1pressly incorporates the dictate found Cithin *C+ """(&'' that
    Qrefer(red' the matter to the appropriate disciplinary Aoard for the institution of a forma hearing AeX
    fore a hearing panel in !hich the soe issue to #e determined sha #e the e'tent of the discipine
    to #e imposedY' into
    Q*C+ +uleZ"%4)ZZ*tate Aar counsel) ")ZZ*tate Aar counsel shall: ))) QA'Z*uAEect to +ule
    "%.("', dispose of all matters involving alleged misconduct Ay dismissal of the allegation(s' or #y
    the filing of a written complaint)Y 7ronically, it is the $BC4s Ging4s Aeloved *C+ """(.' that noCs
    turns on him here) Q*C+ """(.')ZZCertified document concusi)e)ZZ< certified copy of proof of a
    conviction is concusi)e e)idence of the commission of the crime stated in it in any discipinary
    proceeding instituted against an attorney Aased on the conviction)Y <n Qallegation (under *C+
    "%4("'(A'' necessarily e1cludes a QconvictionY given such, under *C+ """(.' provides Qconclusive
    evidence of the commission of the crimeY, thereAy removing from the poCer granted Bar Counsel unX
    der *C+ "%4 the right to QconsolidateY the Qformal hearingY re3uired Ay *C+ """(&' Cith the *C+
    "%.(#' QCommencement of formal proceedingsY folloCing the Qor the fiing of a !ritten co m A
    paintY Ay Bar Counsel under *C+ "%.("') /hus, the Bar Counsel had not authority to so consolidX
    ate the Qformal hearingY re3uired Ay *C+ """(&' and this Court4s !7!"# $rder in %&3&) /he distincX
    tion AetCeen Qformal disciplinary proceedings)))commenced Ay Aar counsel filing a Critten comX
    plaintY and that re3uired Chere an $rder stemming from an *C+ """(' ;etition in %&3& fulfilled
    this Court4s duty, under *C+ """(&' to QQrefer the matter to the appropriate disciplinary Aoard for the
    institution of a forma hearing Aefore a hearing panel in !hich the soe issue to #e determined
    sha #e the e'tent of the discipine to #e imposedY is so oAvious (QproceedingsY is plural, Chereas
    QhearingY is singular= Qcommencement of formal proceedingsY necessarily implicates the douAle
    Eeopardy issues attendnat to Ging see5ing to consolidate the matters involved in the QhearingY Chich
    *C+ """(&' re3uires the QinstitutionY of (ie, QcommencementY and QinsitutionY connote entirely difX
    ferent grants of authority and Eurisdiciton, in addition to distinct purposes and limitations, particularly
    relevant to the particular processes involved' as to ma5e the *BN4s $BC4s Ging conduct here, arguX
    aAly, misconduct violative of +;C ")", ")#, ")#, 3)", 3)#, 3)3, 3)4, 3)., 3)7, 3)&, &)", &)#, and &)4 and
    Coughlin herein points this out in an effort o fulfill his duty undr +;C 3)&)
    - 55-
    1
    2
    (*C+ "%.(#': QCommencement of forma proceedings)ZZ0ormal disciplinary proceedings are comX
    menced Ay Aar counsel fiing a !ritten compaint in the name of the state #ar,))Y', Note, *C+
    "%.(#' decidedly !O"# $OT say that Qformal disciplinary proceedings are commenced Ay Aar
    counselY doing that Chich *C+ "%4(d' calls for (*C+ "%4("'(d' reads:Q("' *tate Aar counsel shall:)))
    (d' 8ie with the supreme court petitions Cith certified copies of proof of conviction demonstrating
    that attorneys have Aeen convicted of serious crimes, as defined in +ule """)Y ?here *C+ "%.(#'
    provides that as to the: QCommencement of forma proceedings)ZZ0ormal disciplinary pr o ceedings
    are commenced Ay Aar counsel fiing a !ritten compaint in the name of the state #ar,))Y and such
    Complaints are alCays filed Aefore the appropriate Disciplinary Board in the *tate Bar of Nevada
    (that is to say that the name of the court listed aAove the caption of such Complaints alCays indicates:
    Q*/</( B<+ $0 N(-<D<
    N$+/8(+N N(-<D< D7*C7;67N<+> B$<+DY
    /$ B( *:+(, N$/87N@ 7N /8( *C+4* 7ND7C</( E!"#ESS$% ?8</ &'U#( *:C8 0$+9<6 D7*C7;67N<+>
    ;+$C((D7N@* <+( /$ $CC:+ 7N, <ND /8( /(U/ <B$-( /8( C<;/7$N 7N *:C8 9<//(+* D$(* D(;<+/ 0+$9, *<>
    ?DC+ "%, ?8(+( 7/ 0<76* /$ 7NC6:D( Q7N /8(Y 799(D7</(6> B(0$+( /8( C$N/(N/* /8(+(7N, <ND ?8(+( /8(
    ?$+D QC$:+/Y 7* N$/ ;+(*(N/) 8$?(-(+, /8( *BN 8<* 8(6D 6<:+< ;(/(+* $:/ <* /8( *BN4* QC6(+G $0
    C$:+/Y, 7ND7C</7N@, *7976<+ /$ /8( *(/ :; 7N C<670$+N7<, /8</ /8( */</( $0 N(-<D< 8<* < Q*/</( B<+
    C$:+/Y) ?8> /8( <B$-( 7* +(6(-<N/ 7* /8</ *C+ """(4' ;+$-7D(*: 4)ZZB<+ C$:N*(6R*
    +(*;$N*7B767/>)ZZ:;$N B(7N@ <D-7*(D /8</ <N <//$+N(> *:BB(C/ /$ /8( D7*C7;67N<+> B:+7*D7C/7$N $0 /8(
    *:;+(9( C$:+/ 8<* B((N C$N-7C/(D $0 < C+79(, $/8(+ /8<N < MIS<EME(NO- /+<007C -7$6</7$N N$/ 7N-$6-7N@
    /8( :*( $0 <6C$8$6 $+ < C$N/+$66(D *:B*/<NC(, B<+ C$:N*(6 *8<66 $B/<7N < C(+/707(D C$;> $0 ;+$$0 $0 /8(
    C$N-7C/7$N <ND *8<66 076( < ;(/7/7$N ?7/8 /8( *:;+(9( C$:+/, <//<C87N@ /8( C(+/707(D C$;>) :;$N B(7N@
    <D-7*(D /8</ <N <//$+N(> *:BB(C/ /$ /8( D7*C7;67N<+> B:+7*D7C/7$N $0 /8( *:;+(9( C$:+/ 8<* B((N
    C$N-7C/(D $0 < MIS<EME(NO- 7N-$6-7N@ /8( :*( $0 <6C$8$6 $+ < C$N/+$66(D *:B*/<NC( <ND /8( O88ENSE 7*
    N$/ /8( <//$+N(>R* 07+*/ *:C8 O88ENSE , B<+ C$:N*(6 *8<66 7N-(*/7@</( <ND ;+(*(N/ /8( 9<//(+ /$ /8(
    <;;+$;+7</( ;<N(6 $0 /8( D7*C7;67N<+> B$<+D ;+7$+ /$ /8( 0767N@ $0 /8( ;(/7/7$N) /8( ;(/7/7$N *8<66 B(
    <CC$9;<N7(D B> /8( ;<N(6R* +(C$99(ND</7$N +(@<+D7N@ /8( <;;+$;+7</( D7*C7;67N<+> <C/7$N, 70 <N>, /$ B(
    79;$*(D :ND(+ /8(*( $+ <N> $/8(+ +:6(* $0 /8( *:;+(9( C$:+/ /8</ ;(+/<7N /$ /8( C$ND:C/ $0 <//$ +N(>*)
    .)ZZCertified document conclusive)ZZ< certified copy of proof of a conviction is conclusive evidX
    ence of the commission of the crime stated in it in any disciplinary proceeding instituted against an
    attorney Aased on the conviction))))
    7)ZZ*uspension on certification)ZZ+pon the fiing !ith the supreme court of a petition Cith
    a certified copy of proof of the conviction, demonstrating that an attorney has Aeen convicted of a
    serious crime, the court shall enter an order suspending the attorney, regardless of the pendency of an
    appeal, pending fina disposition of a :discipinary proceeding=, !hich sha #e commenced #y
    the appropriate discipinary #oard upon referral by the supreme court, 0or good cause, the
    court may set aside its order suspending the attorney from the practice of a!, $NOTED the
    phrase Qpending final dispositionY in *C+ """(7' e1presses a far different approach than does the
    phrases found in *C+ "%.(#' (Qcommencement of formal proceedingsY and Qformal discipinary
    proceedings=&, $NOTED the phrase :discipinary proceeding= used in SC- ///$E& differs from
    the phrase :forma discipinary proceedings= $the singuar :proceeding= in SC- ///$E& impies
    nond of the e'tended in)o)ement inherent to !here :forma discipinary proceedings are comA
    menced= under SC- /47$3& and pura :forma discipinary proceedings=, and the presence of
    the >uaifier :forma=& found in SC- /47$3&&, 0urther, the approach ta5en Ay the *BN4s $BC
    - 56-
    1
    2
    here, Chere the Complaint contains three grievance case numAers, none of Chich represents an idenX
    tifier or case numAer (Chy no appearance of the *C+ """ ;etition4s numAer, %&3&F') /he $BC
    offered nothing in its filings to marry any of the three grievance numAers to this Court4s !7!"# manX
    date in %&3& or that re3uired under *C+ """(&')
    and *C+ "%4("'(d' reads:Q("' *tate Aar counsel shall:)))(d' 8ie with the supreme court pet iA
    tions Cith certified copies of proof of conviction demonstrating that attorneys have Aeen convicted of
    serious crimes, as defined in +ule """)Y ?here *C+ "%.(#' provides that as to the: QCommencement
    of forma proceedings)ZZ0ormal disciplinary proceedings are commenced Ay Aar counsel fiing a
    !ritten compaint in the name of the state #ar,))Y and the Complaint here Aares three Qcase numX
    AersY (N@"#2%#%4, N@"#2%434, N@"#2%43.', Chile, noticeaAly, the *C+ "%.(3'(a' QrevieC Ay suX
    preme courtY and *C+ "%.(3'(a' QappealY is accorded a different case number (here, #337'
    *C+ """(&': Q+eferral to disciplinary Aoard)ZZ:pon receipt of a petition filed under suAX
    section 4 of this rule, demonstrating that an attorney has Aeen con)icted of a serious crime, the
    supreme court shall, in addition to suspending the attorney in accordance Cith the provisions of suAX
    section 7 of this rule, refer the matter to the appropriate disciplinary Aoard for the institution of a
    forma hearing Aefore a hearing pane in Chich the sole issue to Ae determined shall Ae the e1tent
    of the discipline to Ae imposed) /he panel may, for good cause, postpone the proceeding until all apX
    peals from the conviction have Aeen concluded)Y
    Notice *C+ """(&' D OES NOT -E(< Qfor the institution of formal disciplinary procee d A
    ings after Bar Counsel folloCs th Qprocedure on receipt of complaintY set out in *C+ +ule "%.("'(a'
    and a Qinvestigations shall Ae initiated and conducted Ay Aar counsel or Aar counselRs staff or other inX
    vestigative personnel at #ar counseFs direction prior or pursuant to the opening of a grievance
    file)))Y Chereupon at Qthe conclusion of an investigation of a grievance file, Aar counselY Ging ma5es
    the decision to Qrecommend in CritingY the fiing of a !ritten complaint= Chere such QrecommendX
    ation shall Ae promptly revieCed Ay a screening panel)))Y N$/7C( /8</ *C+ """(&' *79;6>
    D$(* N$/ *<> <N>/87N@ $0 /8( *$+/, D(*;7/( ?8</(-(+ ;(+-7*7$N /8(+($0
    /8( $BC4* G7N@ ;:+;$+/* /$ B( C$N/+$667N@ 8(+()
    <9B:+ ;6(<D7N@ K .9%, 7n determining Chich sanctions should Ae imposed for violations of
    +ule "", the court must consider the purposes to Ae served Ay the imposition of sanctions)L0N"M BeX
    cause the primary purpose of +ule "" is to deter future litigation aAuse, the court is re3uired to imX
    pose the least severe sanction that fulfills the +ule4s purpose)L0N#M 7f a court decides to impose sancX
    tions under +ule "", it may choose from a Cide range of nonmonetary sanctions or, in limited cirX
    cumstances, monetary sanctions)L0N3M <ny sanction must Ae limited to Chat is sufficient to deter reX
    petition of the violation or comparaAle conduct Ay others similarly situated)L0N4M 7n determining an
    appropriate sanction under +ule "", the court should consider:L0N.M ("' the nature of the violation
    committed= (#' the circumstances in Chich it Cas committed= (3' the circumstances including the
    financial state of the individual to Ae sanctioned= and (4' those sanctioning measures that Could sufX
    fice to deter that individual from similar violations in the future) /he sanction may include directives
    of a nonmonetary nature)L0NM <lthough the +ule itself does not enumerate the types of nonmonetX
    ary sanctions that may Ae imposed, courts have held that they may include issuing a reprimandL0N7M
    or re3uiring the offending counsel to underta5e the representation of a pro se plaintiff)L0N&M /he
    puAlic filing of a document finding that attorneys had violated +ule "" has Aeen deemed a sufficient
    sanction)L0N9M L0N9M @ary v) Braddoc5 Cemetery and Consol (nergy, 334 0ed) <pp1) 4., 73 0ed)
    - 57-
    1
    2
    +) *erv) 3d ""39 (3d Cir) #%%9' < nonmonetary sanction may also include re3uiring participation in
    seminars or other educational programsL0N"%M or referring the matter to disciplinary authorities)
    L0N""M L0N""M <dvisory Committee Notes to "993 <mendments to 0ed) +) Civ) ;) "")
    7f, as in 9irch 49#"#, +;C 3)" is essentially e3uated Cith N+C; "", then Budge Nash4s QfindX
    ingsY in her 3!"4!"# $rder in #&%% is violative of the aAove restrictions in that it is Cholly overX
    Aroad and e1cessive in a manner that cannot Ae said to Ae limited to the aAove goals) 7t is the e3uiX
    valent of ta5ing a AaIoo5a to some Ceeds in one4s front laCn)
    0urther, Budge 0lanagan4s !#.!"# $rder in %3#& is not a sanction, Cas made at a time
    Chen Coughlin Cas already suspended, Cas not attached to the Complaint, and Ging himself violates
    +;C 3)", 3)3, 3)4, and N+C; "" Chere he purports that anything in his &!#3!"# Complaint (Cherein
    Ging clearly appears to have attempted to distance his prosecution from +ichard @) 8ill, (s3)4s name
    as much as possiAle, going so far as to pled the "!"#!"3 EayCal5ing arrest, and ""!".!"" traffic citaX
    tions outside 8ill4s office (from Chich all matters associated Cith Budge Nash4s #!#&!"# and 3!"#!"#
    $rders in #&%% stem and are intimately connected, as is also the case Cith her mailing to the *BN
    her 3!"4!"# Critten grievance against Coughlin, Chich included the 3!.!"# 9otion to Dismiss in
    #4%. that Ging4s Complaint pled (at para "# page 3 therein' thusly: Q"#) +espondent, representing
    himself as co2counsel, filed a 32page motion to dismiss on 9arch ., #%"#) /he motion Cas denied
    Ay Budge ?illiam @ardner and Cas determined to Ae Cithout merit) /he motion, on its face, demonX
    strates that +espondent lac5s competence to practice laC)Y (8oCever, such 3!.!"# filing in #4%. Ay
    Coughlin Cas never attached to anything filed Ay Ging nor introduced into evidence at the 08, and
    therefore, Ging4s Aare, conclusory allegation, can in no Cay meet the Qclear and convicing evidenceY
    Aurden of proof) 0urther, Chere Ging4s Complaint indicates :Y) +espondent, representing himself as
    co2counsel, filed a 32page motion to dismiss on 9arch ., #%"#) /he motion Cas denied Ay Budge
    ?illiam @ardner and Cas determined to Ae Cithout merit) /he motion, on its face, demonstrates that
    +espondent lac5s competence to practice laC)))Y) (find citation that says such an $rder indicating a
    motion is QCithout meritY is not tantamount to a finding that it Cas ve1atious or sanctionaAle')
    0urther, #4%. Cas a criminal prosecution and, as such N+C; +ule "" in inapplicaAle, and Budge
    @ardner4s failure to adhere to Canon #)". or otherCise sanction or report Coughlin to any authorities
    is dispositive as to any claim that Ging may have plead (and, noticeaAly, Ging4s Complaint stears
    aCay from alleging any such $rder Ay Budge @ardner (Chich Cas never attached to any of Ging4s
    filings and Cas not even inlcuded in the ""!7!"# production of some 3,#%% pages of documents Ay
    the *BN' is pled as a Aasis to support an allegation that Coughlin violated +;C 3)", Aut rather, Ging
    specifically limits his pleading therto to an allegation that Qthe motion, on its face, demonstrates that
    +espondnet lac5s competence to practice laC)Y <nd, even that attempt Ay Ging to folloC the dicX
    tates of *C+ "%.(#' is muddled, as it is not clear Chether Ging is therein pursuing a competency deX
    termination under *C+ ""7 or attempting to proved a violation of +;C ")")
    7t seems apparent that +BC ;earson4s (;$ has the added Aenefit to the *BN of ma5ing it imX
    possiAle for Coughlin to have the *BN served, sufficient to satisfy any *C+ "%9 (Chat service does
    *C+ ""% re3uireF' or other personal service re3uirements attendant to any action or filing Ay
    Coughlin, Chere Coughlin Cas arrested on 3!&!"3 for an alleged violation of that the /;$ and (;$
    in +BC +C;"#2%7 for allegedly having a courier deliver a last minute filing to the *BN on "!3!"3
    (the deadline or day prior thereto, to file an N+C; .#, .9 and DC+ "3(7' +econsideration 9otion',
    and again on "!#3!"3 (also a deadline as to the filing of Coughlin4s Brief in #337, necessitating, in
    accordance Cith the rules, that Coughlin see5ing a stipulation to any such e1tension prior to filing a
    motion see5ing such)
    - 58-
    1
    2
    ((' Coughlin Cas afforded ample opportunity to prepare a verified ansCer or response to the allegX
    ations of the Complaint and failed to timely do so) *ee 0indings of 0act 34, 3. and 3) <ccordX
    ingly, the matter could proceed on a default Aasis and the allegations of the Complaint deemed adX
    mitted) *C+ "%.(#' NotCithstanding the fact that the matter could have Aeen decided on a default
    Aasis, the ;anel permitted the *tate Bar and Coughlin to present evidence)
    %&' Am( )ur( &d rocess * +& ,,( A-"$A',.,T/ TO #"R0,C" O1 ROC"## '( ersons ,mmune to #ervice of rocess 2( Other ar3
    ticular ersons, Conditions, or #ituations Topic #ummary Correlation Table References * +&( $ature of proceeding attended by
    nonresident 4est5s 6ey $umber !igest 4est5s 6ey $umber !igest, 1ederal Civil rocedure k+78, +7% 4est5s 6ey $umber !igest,
    rocess k779 to 7&: The rule of immunity from the service of civil process of a nonresident while attending court in an action in
    which he or she is a party or a witness e;tends to every proceeding of a judicial nature<1$7= taken in or emanating from a duly
    constituted judicial tribunal, which directly relates to the trial of the issues involved(<1$&= ,t e;tends not only to people who are in
    the immediate presence of the judges of the courts of record, but to those also who attend the subordinate tribunals and officers
    appointed by those courts to assist them in the discharge of their duties(<1$2= >earings before arbitrators, legislative committees,
    trustees in bankruptcy, e;aminers, masters in chancery, and commissioners to take depositions have all been included within the
    scope of its application(<1$+=<1$+= ,n re "quitable lan Company, &99 1(&d 27? @&d Cir( 7?%:AB !urst v( Tautges, 4ilder C -c3
    !onald, ++ 1(&d 8:9, 97 A(.(R( 72?+ @C(C(A( 9th Cir( 7?2:AB 0elkov v( #uperior Court in and for .os Angeles County, +: Cal( &d
    &D?, &82 (&d &8, 28 A(.(R(&d 72+D @7?82A @disciplinary proceedings before state barB recogniEing ruleAB #t(
    )ohn v( #uperior Court ,n and 1or .os Angeles County, 79D Cal( App( &d 9?+, 2 Cal( Rptr( 828,
    D+ A(.(R(&d +78 @&d !ist( 7?%:A @license revocation hearingAB %&' Am( )ur( &d rocess * +& <7=
    4hile the general rule protects the nonresident Fduring a period reasonably necessary to the giv3
    ing of testimony in a judicial proceedingF when he enters the state primarily for that purpose, the
    recogniEed e;ception to the rule permits service if the later action Farises out of or involves the
    same subject matter as the one in which the nonresident has made a voluntary appearance(F
    @0elkov v( #uperior Court @7?82A, +: Cal( &d &D?, &?7, &?& <&82 (&d &8, 28 A(.(R(&d 72+D=(A ,n
    the 0elkov case, a $ew /ork resident appeared before a local administrative committee of The
    California #tate 'ar, at their request, to testify in a disciplinary proceeding, instituted by -rs(
    0elkov, against attorneys to whom -rs( 0elkov had transferred &8 per cent of certain properties
    as a fee for services( -rs( 0elkov alleged the transfer illegal and predicated <7D9 Cal( App( &d
    &77= the institution of disciplinary proceedings upon that basis( 4hen -rs( 0elkov Fcame to Cali3
    fornia ((( to testify in a disciplinary proceeding before that body, she was served with summons(F
    @( &?:(A The summons emanated from an action brought by the attorneys for declaratory relief
    as to the transfer(GH
    CILL CIMSEL8 ;IOL(TES -PC 0,/, 0,0, (N< 0,5 INCI<ENT TO CIS (LLE.(TION, IN CIS PLE(<IN.S TC(T CE (LLO@E< CO+.CLIN (<<ITION(L TIME TO -EMO;E
    CIS PE-SONTLY <+-IN. L(TE <ECEM*E- 34//, @CICC, (PP(-ENTLY 9+<.E 8L(N(.(N 8O+N< TO C(;E *EEN (N AIR""-"$T CO+.CLIN
    ENTE-E< INTO @ITC CILL, SOMECO@, *+T TCEN TC(T CO+.CLIN 8(ILE< TO LI;E +P TOG TCIS IS
    TCO-O+.CLY <ISP-O;EN *Y TCE EM(ILS *ET@EEN CILL (N< CO+.CLIN ON (N< (-O+N< /32352//, @CE-E
    CO+.CLIN -EH+ESTS (<<ITION(L TIME TO -EMO;E CIS -EM(ININ. P-OPE-TY $(N< SETS 8O-TC ( *(SIS 8O-
    8IN<IN. TC(T CILL'S INTE-8E-ENCE (N< O*ST-+CTIONIST T(CTICS C(+SE< S+CC ( NEE<& 8OLLO@ *Y CILL'S
    /32352// EM(IL TO CO+.CLIN
    ?8> ?<*N4/ C$:@867N4* "#!"4!"" *:B97**7$N /$ /8( +BC 7NC6:D(D 7N /8( -$6 4 $+ $/8(+ +$<
    /+<N*97//(D B> /8( +BC $N "#!#"!"" 7N "7%&F /8(+(<0/(+, /8( "!4!"# *:;;6(9(N/<6 0767@N 7N %3#&
    ?<* 9(+(6> 3 ;<@(* <ND 0<76(D /$ 7NC6:D( /8( 67$N4* *8<+( $0 C$:@867N4* C6<79* <ND C$N/(N/7$N*,
    7NC6:D7@N /8$*( 9<D( 7N ?8</ 8( *:B97//(D 0$+ 0767N@ $N "#!"4!"", "#!#!"" (37 ;<@( *:B97**7$N B> 0<U',
    < ". ;<@( "#!#!"" *:B97**7$N /8</ 7* 076( */<9;(D "#!#7!"", <ND $/8(+ 9</(+7<6*) +BC C6(+G
    - 59-
    1
    2
    C8+7*/7N( (+7CG*$N ?<* (-<*7-( ?8(N J:(*/7$N(D B> C$:@867N <* /$ 8(+ ;+(-7$:* */</(9(N/* /8</ 0<U
    0767N@ ?<* N$/ ;(+97//(D / /8( +BC ?8(N C$:@867N B(@<N /$ B(C$9( <?<+( /8</, </ 6(<*/ *$9( 67/7@<N/*,
    ?(+( ;(+97//(D /$ 076( B> 0<U)
    8$? 7* 7/ ;(+97**7B6( 0$+ /8( +BC /$ D(N> C$:@867N4* "#!"4!"" 0767N@ >(/ <66$? 8766 /$ 076( <
    N$/7C( $0 (N/+> $0 $+D(+ 7N "7%& $N "#!#9!""F /8( Q<;;(<6 +(C(7;/Y 7N /8( "!4!"# *:;;6(9(N/<6 7*
    D((;6> 06<?(DF /$ ?8</ D$ (N/+7(* 92". +(6</(F <+( /8$*( 8(<+7N@ (U87B7/* 0+$9 /8( "#!#%!""
    C$N/(*/ ;(+*$N<6 ;+$;(+/> 67(N 8(<+7N@F ?8> 7* (-(+>/87N@ /87* *:;;6(9(N/<6 <ND /8( 0$:+ -$6:9(
    +$< B> +BC C6(+G (+7CG*$N 7N B<CG?<+D* $+D(+ 0+$9 8$? <66 $/8(+ +$<4* <+( ;+(*(N/(DF /87*
    ;(+*7*/(* (-(N ?8(+( 7N /8( Q<;;(<6 +(C(7;/Y /8$*( *(-(N (U87B7/* <+( 67*/(D 7N +(-(+*( $+D(+) 7/ @7-(*
    /8( +(-7(?(+ < 8(<D<C8( /+>7N@ /$ +(-7(? *:C8 < ;+(*(N/</7$N)
    8-OM 8L(N(.(N'S 52342/3 O-<E- IN C(-PENTIE- ;, ((MES, HLS, (N< -CS IN C;4?%4/E41D :8IN(LLY, TCIS CO+-T M(IES TCE 8OLLO@IN.
    O*SE-;(TIONS, TCE (-.+MENTS -(ISE< *Y TC P(-TIES IN TCEI- PLE(<IN.S .ENE-(LLY CI-C+MSC-I*E TCE (<9 + <IC(TO-Y *O+N<(-IES
    O8 TCIS CO+-T, SEE ,,,*-ELI(NT ;, P-E8E--E< EH+ITIES CO-P,, /41 NE;, ?53, ?5E, ?7? P,3< /37?,
    /3B/ $/110 $ST(TIN. ( <IST-ICT CO+-T .ENE-(LLY M(Y NOT CONSI<E- M(TTE-S O+TSI<E O8 TCE PLE(<IN.S
    @CEN -E;IE@IN. ( MOTION TO <ISMISS&, (S S+CC, TCIS CO+-T T(IES NO POSITION ON @CETCE- TCE
    8IN(NCI( INSTIT+TIONS IN TCIS C(SE 8OLLO@E< TCE L(@ @CEN TCEY @E-E LININ. +P TCE <OC+MENTS TO
    8O-ECLOSE 4 TCE P-OPE-TY, NONETCELESS, TCE M(NNE- (N< TIMIN. IN @CICC TCESE INSTIT+TIONS%
    P(-TIC+L(-L ((MES, <E+TSCCE,(N< H+(LITY%-ECO-<E< TCE (SSI.NMENT,8I E< TCE S+*STIT+TION O8
    T-+STEE,(N 8ILE< TCE NOTICE O8 <E8(+LT,I S S+SPICIO+S (N< T-O+*LIN. TO TCIS CO+-T,=
    7n his "#!#&!"" email to the parties, +BC Budge *ferraIIa from "7%& again misapplies BC++/
    to landlord tenant matters despite BC++/ # indicating such rules do not apply there,
    9erliss never had any 6andlord4s <ffidavit filed in "7%& (Ba5er apparently filed a DeX
    claration on 9erliss4s Aehalf on "%!"9!"", Aut that Cas after the first hearing of "%!"3!""') <ny purX
    ported such <ffidavit of :nlaCful Detainer that Ba5er attempted to hand Coughlin, in violation of
    Aoth courthouse sanctuary doctrine and an attorney4s (Coughlin4s' immunity against service of proX
    cess Chen appearing in court (particularly in the very case to Chich such attempted service is reX
    lated', as Cell as the duty to CithdraC as counsel Chere, Ay so doing, Ba5er necessarily ma5es himX
    self a li5ely Citness, ma5es insufficient any such purporte service) 0urther, any such <ffidavit Ay
    9erliss fails to contain the folloCing re3uired language: Q/hat the termination and surrender of the
    rental unit Cas to have ta5en place on
    or Aefore [[[[[[[[[[[[[[[, #%[[[[) /hat legal Notice has Aeen served upon
    the tenant pursuant to the provisions of N+* 4%)#&%, on [[[[[[[[[[[[[[[[,
    #%[[[[) < copy of the Notice is attached hereto and incorporated Ay this
    referenceY N+* 4%)#.3) <s such any hearing or $rder Aased upon and proceeding held therefrom is
    void for lac5 of Eurisdiction) N+C; %(A'(4' and <i5in re3uires strict adherence to procedural and
    statutory rules) <dditionally, no such service in compliance of Cith N+* 4%)#&% Cas done as to any
    such Notice purported to Ae served on Coughlin on 9!#7!"" in "7%&) 0urther, particularly Chere no
    such: QC(+/707C</( $0 *(+-7C( ;ursuant to N+C; .(A', 7 hereAy certify that 7 am an employX
    ee of +7C8<+D @) 8766, ) \ C8<+/(+(D, and that on the #7th day of *eptemAer, #%"", 7 perX
    sonally handed at the hearing in the aAove2referenced matter, a true and correct copy of the foregoX
    ing 0ive Day Notice of :nlaCful Detainer for 0ailure to -acate +ental :nit 2 N+* 4%)#." ( No
    - 60-
    1
    2
    2Cause ) /ermination' and Notice of *ummary e)iction 2 N+* 4%)#.4 to: Zachary Coughlin "#"
    +iver +oc5 *treet +eno, Nevada &9.%3 B> !s! Casey D) Ba5er, (s3)Y)
    Ba5er and 9erliss failed to comply Cith the re3uirements of N+* 4%)#&% (specifically as to a
    Citness and more' for the alleged service of a . day :D Notice on 9!#7!"")
    0$+9 ]9 Q<007D<-7/!D(C6<+</7$N $0 6<ND6$+D 0$+ *:99<+> E;ICT 7$N 0$+ B+(<C8Y C$N/<7N* /8(
    0$66$?7N@ 6<N@:<@(: Q7) <007<N/ +(J:(*/* /8</ /8( C$:+/ (N/(+ <N $+D(+ 0$+ /8( *:99<+> E;ICT 7$N $0
    /8(
    tenant from the premises and the sheriff!constaAle Ae ordered to remove the
    tenant Cithin tCenty2four (#4' hours after receipt of the court orderY)
    /here is a great deal of confusion as to the laC in Nevada vis a vis #4 hour loc52out notices
    and hoC soon after posting one the constaAle or *heriff may effectuate the loc52out:
    Qhttp:!!CCC)lpsnv)com!e)iction0<J)pdf: D7) D$(* 9> /(N<N/ 8<-( +7@8/*F >es they do)
    ?hen the notice is served, your tenantRs rights state that they can contest the notice Cith the Eustice
    court from the moment that they receive the notice) /heir reasons can vary, Aut they must get their
    /enantRs +esponse filed Cith the court of Eurisdiction) 7t Cill then Ae approved or denied Ay the
    Eudge) 7f it is approved, then a hearing Cill Ae scheduled) >our tenant can also contest the #4 8our
    6oc52out Notice, Chich is posted Ay the ConstaAle) /his notice is posted #4 hours Aefore the ConX
    staAle returns to the property to do the loc5 change)DY
    @<>6( G(+N, (*J), $:@8/ /$ 8<-( B((N 9<D( /$ 0$66$? +;C 3).<, B:/ +(@<+D6(**, *8( *8$:6D N$/
    8<-( B((N @+<N/(D <N> ?+7/ $0 +(*/7/:/7$N $+ 6$CG$:/ $+D(+ $N 3!".!"# 9(+(6> :;$N < QD(0<:6/
    B<*7*Y C$:@867N 076(D < D(/<76(D /(N<N/4* <007D<-7/ /8</ C$:6D *;(<G 0$+ 879 </ /8( 8(<+7N@, <ND /8(
    7N7/7<6 B:+D(N 7* $N /8( 6<ND6$+D (7(, /8( ;<+/> 9$-7N@ 0$+ *:99<+> B:D@9(N/ :ND(+ <N-:7 ', <ND G(+N
    0<76(D /$ (-(N 076( < 6<ND6$+D4* <007D<-7/)
    +egardless, in Aoth "7%& and 374, N+* 4%)#.3 does not alloC for the ?ashoe County
    *heriff to conduct e)ictions in the manner in Chich is currently does) 8ill4s filings claim that the
    ?C*$4s procedures, Ay Aeing the Qusual and customary practicesY of the ?C*$, somehoC Aecome
    Alac5 letter laC in Nevada, even Chere a statutory remedy is in place, one that the legislature Cor5ed
    hard on (despite +BC Budge ;earson, in "%4&, ignoring <B##4s minor tenant4s rights victory Chere it
    re3uired the landlord to, under N+* 4%)#.3(3'(a' Qidentify the court that has Eurisdiction over the
    matter)))Y and 3(A'("'4s dctate that such notice advise the tenant: Q("'Z$f the tenantRs right to contest
    the matter Ay filing,))) an affida)it !ith the court that has 6urisdiction o)er the matter,,,=, in the
    face of the unauthoriIed practice of laC on Aehalf of out of state corporation no less, NorthCinds
    <partments <ssoc), 66C of ?ashington state)
    N+* 4%)#.3(' provides)))Q)ZZ:pon the filing Ay the tenant of the affidavit permitted in suAX
    section 3, regardless of the information contained in the affidavit, and the fiing #y the andord of
    the affida)it permitted #y su#section 7 (note, Aoth in "7%& and 374, neither landlord filed such a
    6andlord4s <ffidavit in a timely manner, and 9erliss in "7%& never filed one at all) 7f Ba5er and
    - 61-
    1
    2
    8ill Cant Aig Aoy attorney4s fees, they should Ae re3uired to get those sorts of things right to Eustify
    such e1orAinant fees, or even Aegin to', the Eustice court or the district court shall hold a hearing,
    after service of notice of the hearing upon the parties, to determine the truthfulness and sufficiency
    of any affidavit or notice (Ba5er continually maintained that it Cas only Coughlin4s <ffidavit Chich
    Cas up for inspection, in violation of +;C 3)"' provided for in this section) If the court determines
    that there is no ega defense as to the aeged una!fu detainer and the tenant is guilty of an unX
    laCful detainer, the court may issue a summary order for remo)a of the tenant or an order
    pro)iding for the nonadmittance of the tenant,=
    So, reay, especiay in /E4?, a the de#ate a#out the import and appication of
    the :!ithin 35 hours anguage= is inappica#e any!ays, as that phrase is ony appica#e to a
    situation !here the tenant does not fie a Tenant's (ns!er in respose to a 7 day +< Notice #eA
    ing posted,
    N-S 54,370$7&D=,JJ+pon noncompiance !ith the noticeD
    (<'Z/8( 6<ND6$+D $+ /8( 6<ND6$+DR* <@(N/ 9<> <;;6> B> <007D<-7/ $0 C$9;6<7N/ (NOTE, TCE-E IS
    NOTCIN. IN CC, 54 TC(T (LLO@S 8O- ( :L(N<LO-<'S (.ENT= TO <-(8T PLE(<IN.S O- (PPE(- ON *EC(L8 O8
    (N O+T O8 ST(TE CO-PO-(TION, C-OSS TCE *(-, (N< P-(CTICE L(@ ON ITS *EC(L8, (S @NM'S S+E II.N
    <I< IN 4E554? (N< 0E5, (N< (S NCS'S 9E88 CC(N<LE- <I< IN /45?' 8O- E;ICT ION TO TCE 9+STICE CO+-T
    O8 TCE TO@NSCIP IN @CICC TCE <@ELLIN., (P(-TMENT, MO*ILE COME O- COMME-CI(L P-EMISES (-E
    LOC(TE< O- TO TCE <IST-ICT CO+-T O8 TCE CO+NTY IN @CICC TCE <@ELLIN., (P(-TMENT, MO*ILE COME O-
    COMME-CI(L P-EMISES (-E LOC(TE<, @CICCE;E- C(S 9+-IS<ICTION O;E- TCE M(TTE- $IN 0E5, -9C 9+<.E
    SCC-OE<E- ISS+E< S+CC (N O-<E- P-IO- TO IE-N E;EN 8ILIN. ( L(N<LO-<'S (NS@E-&, TCE CO+-T M(Y
    TCE-E+PON ISS+E (N O-<E- <I-ECTIN. TCE SCE-I88 O- CONST(*LE O8 TCE CO+NTY TO -EMO;E TCE TEN(NT
    @ITCIN 35 CO+-S (8TE- -ECEIPT O8 TCE O-<E- ,=
    But, again, Chere Coughlin did comply Cith the . day notice, in Aoth "%4&, 374, and
    "7%&, N+* 4%)#.3(.' language is inapplicaAle (QThe court may thereupon issue an order directA
    ing the sheriff or consta#e of the county to remo)e the tenant !ithin 35 hours after receipt of
    the order,=& -ather, it is N-S 54,370$B&'s anguage that controsD :If the court determines that
    there is no ega defense as to the aeged una!fu detainer and the tenant is guity of an una!A
    fu detainer, the court may issue a summary order for remo)a of the tenant or an order
    pro)iding for the nonadmittance of the tenant,=
    There #eing nothing thereing spea"ing to some :!ithin 35 hours= dicate, the deA
    faut appication in ci)i a! re>uires that such an an Order #e ser)ed under N-CP B$e& !here
    persona ser)ice is not accorded, thus re>uiring 0 days for maiing, 8urther, N-(P ? and some
    7 day stay suggested in (n)ui, is argua#y appica#e, There is itte indication in Ch, 54 or
    eseh!here to pro)ide some e'panation of 6ust ho! and in !hat manner such a :summary orA
    der= !oud #e carried out and !hether it !oud ao! for the approach ta"en #y the @CSO in
    such situations, @hie N-S 54,370$0&$#&$3& does contain the term :summary order=, the apA
    pearance therein of the :!ithin 35 hours= anguage, com#ined !ith the non%appearance of such
    :!ithin 35 hours anguage= in N-S 54,370$B&, under traditiona principes of statutory conA
    struction, actuay augers for an interpretation of su#section B that !oud re>uire more time for
    a tenant than is pro)ided for under N-S 54,370$0&$#&$3&DJ=That if the court determines that the
    tenant is guity of an una!fu detainer, the court may issue a summary order for remo)a of
    the tenant or an order pro)iding for the nonadmittance of the tenant, directing the sheriff or
    consta#e of the county to remove the tenant Cithin #4 hours after receipt of the order,,,=
    - 62-
    1
    2
    It seems rather impausi#e to suggest that the :!ithin 35 hours= anguage is some dicA
    tate to the Sheriff or consta#e re>uiring such oc"outs #e effectuated in some narro! !indo!
    of time, -ather, particuary gi)en the primacy to indi)idua's and #usinesses inherent to their
    uses as residences of paces of #usiness $or, in /E4?, as #oth& it !oud seem entirey more i"ey,
    and reasona#e, to concude that the egisature intended for the :!ithin 35 hours= anguage to
    afford tenant's :at east= 35 hours from the posting $if not the constructi)e receipt in the mai
    under N-CP B$e& if no persona ser)ice !as to #e had& of such a oc"%out Order to remo)e
    those items they find a#soutey essentia $see Coughin's difficuties in /45? !here depri)ed of
    his medications, eyegasses, contacts, some important ega fies, etc, not to mention the -PC
    0,7( )ioation attendant to the defaut on E272/3, especiay !here the -9C and NCS's ChandA
    er "ne! Coughin !as in 6ai incident to a E202/3 arrest stemming from North!ind's handyA
    man Ire#'s faacious accusation of Coughin :distur#ing the peace=,
    the court may issue a summary order for remo)a of the tenant
    (so, the -9C may need to e'pain !hy it faied to fie in fa' fiings #y Coughin
    !here it either did fie in some #y Ci and *a"er in /E4? $or consider any faiure to fie any
    /42/02// (ffida)it of +na!fu <etainer #y andord Meriss&,
    - 63-
    1
    2
    The S*N is i"ey resting upon some theory that the TPO and EPO granted it #y -9C 9udge Pearson, !hich inA
    dicates that Coughin may , 8irst, the /2 //52/0 EPO granted the S*N indicates that Patric"
    O!en Iing, Es>,, appeared at the E'tension Cearing to represent the S*N, (s such, Iing,
    "no!ing he !as e'tremey i"ey to #e a !itness in such an action, had a duty to !ithdra!
    from representation, and therefore himsef )ioated a -PC /,/B re>uir he so !ithdra! !here
    his #eing a !itness !as a )irtua certainty, 8urther, Iing's TPO appication rests amost enA
    tirey on uns!orn hearsay, for !hich Iing ma"es no indication !ith regard to from !hom or
    ho! he #ecame a!are of such hearsay detaiing such purported :facts=, 8or instance, the maA
    gic of hearsay may ao! a comment i"e :its not fair that *ar Counse Iing gets a this e'
    parte face time !ith Pane Chair Eche)erria= that may ha)e #een said to <ena Eche)erria on
    the teephone to #ecome, according to Iing, a statement #y Coughin to Eche)erria's staff that
    he !as coming do!n to the Pane Chair's Office, threatening to get some :face time=, CoughA
    in's /11B Conda (ccord's eectrica pro#ems $an eectrica short caused pro#ems !ith
    Coughin's headights re>uiring a primiti)e !or"around re>uiring Coughin to #raids fi)e
    eecrica !ires together to turn his )ehice's headights on,,,something Iing aeges, through
    unattri#uted hearsay, !as a case of Coughin maingering around the S*N's Northern Office
    after 7 pm fashing his headights at the one or t!o !omen !hom !ere !or"ing ate $#ecause,
    one can #e a#soutey sure, (sst, *ar Counse Iing has ne)er !or"ed ate a day in his ife, and
    certainy not !hie empoyed #y the S*N, than"s to SC- /4B, natch&, in an attempt to frighten
    and harass them, Then there is the curiosu aegation #y Iing in his TPO appication that
    Coughin caed the S*N ahead to announce he !oud #e there in fifteen minutes to fie
    something, Iing someho! aeges that is threatening #eha)ior e)en !here he su#se>uenty inA
    dicates that he had sent Coughin a etter demanding that Coughin do 6ust that prior to apA
    pearing at the S*N for any reason, incuding to fie documents,
    (t the 02/72/3 summary e)iction hearing !herein .aye Iern, Es>,, )ioate -PC 0,7( $pro#a#y !hy -9C
    9udge Schroeder as"ed, upon the topic of ta"ing a defaut against Coughin coming upD :Is
    that fairG=&, Iern further stated that she !as see"ing :a @rit= granting poss-estitution= must
    foo! N-S //?(,0B4, !hich re>uires putting up a #ond first, !hich Iern faied to doD
    N+*Z4%)3%%ZZContents of complaint= issuance and service of summons=
    temporary Crit of restitution= notice, hearing and Aond))))
    3)ZZ<t any time after the filing of the complaint and issuance of sumX
    mons, the court, upon application therefor, may issue a temporary Crit of
    restitution= provided:)))
    (B'ZTC(T TCE TEMPO-(-Y @-IT O8 -ESTIT+TION SC(LL NOT ISS+E +NTIL TCE
    CO+-T C(S C(< (N OPPO-T+NITY TO (SCE-T(IN TCE 8(CTS S+88ICIENTLY TO EN(*LE
    IT TO ESTIM(TE TCE P-O*(*LE LOSS TO TCE <E8EN<(NT (N< 8IK TCE (MO+NT O8 (
    *ON< TO IN<EMNI8Y TCE P(-TY O- P(-TIES (.(INST @COM TCE TEMPO-(-Y @-IT
    M(Y *E 7**:(D)
    (c'Z/hat the temporary Crit of restitution shall not issue until there has Aeen filed Cith the a p X
    proval of the court a good and sufficient Aond of indemnification in the amount fi1ed Ay the court)
    <s such, Gern re3uested the wrong relief from Budge *chroeder, and the
    court lac5ed Eurisdiction to then issue a 6oc5out $rder Chere a ?rit of
    - 64-
    1
    2
    +estitution of ;ossession Cas re3uested, particularly Chere the 6oc5out $rX
    der fails to conform to the folloCing statute:
    QN-SJ54,534ZZ8orm of Crit of restitutionL e'ecution,
    0urther, Iern faied to fie in a Landord's (ffida)it prior to the 02/72/3 summary e)iction pr o A
    ceeding, !hich !as noticed for ?D04 am, Aut to Chich the Goc5out $rder had a fa1 header indicated
    the $rder Cas fa1ed to the ?C*$ Civil Division at &:#4 am) <s such, in consideration of the dicX
    tates of N+* 4%)#.3(.'2(', the 3!".!"# 6oc5out $rder is void pursuant to N+C; %(A'(4' for lac5 of
    Eurisdiction given that the summary e)iction hearing Cas held prior to Gern filing a 6andlord4s <ffiX
    davit :
    QN+* 4%)#.3(.')ZZ:pon noncompliance Cith the notice:
    (a'Z/he landlord or the andordFs agent may appy #y affida)it of comA
    paint for e)iction to the Eustice court of the toCnship in Chich the dCelling,
    apartment, moAile home or commercial premises are located or to the district
    court of the county in Chich the dCelling, apartment, moAile home or commerX
    cial premises are located, Chichever has Eurisdiction over the matter) The court
    may thereupon issue an order directing the sheriff or consta#e of the
    county to remo)e the tenant !ithin 35 hours after receipt of the order, The
    affida)it must state or contain:
    ("'Z/he date the tenancy commenced)
    (#'Z/he amount of periodic rent reserved)
    (3'Z/he amounts of any cleaning, security or rent deposits paid in advance, in e1cess of the
    first monthRs rent, Ay the tenant)
    (4'Z/he date the rental payments Aecame delin3uent)
    (.'Z/he length of time the tenant has remained in possession Cithout paying rent)
    ('Z/he amount of rent claimed due and delin3uent)
    (7'Z< statement that the Critten notice Cas served on the tenant in
    accordance Cith N+* 4%)#&%)
    (&'Z< copy of the Critten notice served on the tenant)
    (9'Z< C$;> $0 /8( *7@N(D ?+7//(N +(N/<6 <@+((9(N/, 70 <N>))))
    ))))ZZ+PON TCE 8ILIN. B> /8( /(N<N/ $0 /8( <007D<-7/ ;(+97//(D 7N *:B*(C/7$N
    3, +(@<+D6(** $0 /8( 7N0$+9</7$N C$N/<7N(D 7N /8( <007D<-7/, (N< TCE 8ILIN. *Y TCE
    L(N<LO-< O8 TCE (88I<(;IT PE-MITTE< *Y S+*SE C TION 7 , TCE 9+STICE CO+-T O- TCE
    <IST-ICT CO+-T SC(LL COL< ( CE(-IN., <0/(+ *(+-7C( $0 N$/7C( $0 /8( 8(<+7N@ :;$N
    /8( ;<+/7(*, /$ D(/(+97N( /8( /+:/80:6N(** <ND *:007C7(NC> $0 <N> <007D<-7/ $+
    N$/7C( ;+$-7D(D 0$+ 7N /87* *(C/7$N))) 70 /8( C$:+/ D(/(+97N(* /8</ /8(+( 7* < 6(@<6
    D(0(N*( <* /$ /8( <66(@(D :N6<?0:6 D(/<7N(+, /8( C$:+/ *8<66 +(0:*( /$ @+<N/
    (7/8(+ ;<+/> <N> +(67(0, <ND, (UC(;/ <* $/8(+?7*( ;+$-7D(D 7N /87* *:B*(C/7$N, SC(LL
    -EH+I-E TC(T (NY 8+-TCE- P-OCEE<IN.S *E CON<+C T E< P+-S+(NT TO N-S
    54,314 TO 54,534 , 7NC6:*7-()))Y
    - 65-
    1
    2
    /he +BC impermissiAly held the 3!".!"# summary e)iction proceeding in 37. before Gern
    filed a 6anlord4s <ffidavit in violation of N+* 4%)#.3('4s dicates: Q))) B,JJ+pon the fiing #y the
    tenant of the affida)it permitted in su#section 0, regardess of the information contained in the
    affida)it, and the fiing #y the andord of the affida)it permitted #y su#section 7, the 6ustice
    court or the district court sha hod a hearing, after ser)ice of notice of the hearing upon the
    parties, to determine the truthfuness and sufficiency of any affida)it or notice pro)ided for in
    this section,,,=
    (never mind that the one Gern had filed after the summary e)iction proceeding conveniently managed
    to change the Aasis for see5ing e)iction to one Aased upon non2payment of rent, rather than the QNo
    Cause /ermination NoticeY posted on the door of Coughlin4s former home laC office on #!"3!"# in
    374, Chich indicated that Coughlin had . days to leave and Cas entitled to no more Notice give his
    Cas a Q/enancy <t2?illY)))this remi1ing of the Aasis for see5ing and e)iction and recharacteriIation
    of the type of Notice served on Coughlin is especially duAious given the authority and argument cited
    in Coughlin4s 3!&!"# filed /enant4s <nsCer, Chich points out that the landlord is prevented from utilX
    iIing a summary e)iction proceeding to e)ict a commercial tenant such as Coughlin (Chom pled a
    commercial tenancy therein' Chere the non2payment or rent is not alleged, pled, or noticed (as there,
    given the No Cause /ermination Notice of #!"3!"# in 374') 0urther, Gern4s 6andlord4s <ffidavit is
    further suspect Chere, all of the sudden folloCing Coughlin4s 3!&!"# /enant4s <nsCer pointing such
    out, Gern sCitches gears and attempts to stear clear of the proAlems to her cause presented Ay the
    citation to the @laIier decision in consideration of the sCorn testimony Ay ?N94s *ue Ging and
    ;//8$< Board *ecretary *heila 6ester that the Board approved of the arrangement Cith Coughlin4s
    housemates (and arguaAly, the suAlessor there', Christopher <llaAac5 and 6aura 0oreshee (ne 8arrisX
    on' (against Chom, on "!#3!"#, Couglin Cas aCarded /;$4s in 0-"#2%%%"&7 and "&&', though
    <llaAac5 and 0oreshee Cere the parties Couglhin called 9"" to complain aAout and see5 protection
    from incident to the "!"4!"# arrest for Qmisuse of emergency communciations Chen no actual or perX
    ceived emergency e1istsY of Coughlin ordered Ay the same +;D *argent *ifre Chom ordered CoughX
    lin arrested for EayCal5ing Eust 4& hours previously at the other former home laC office from Chich
    Coughlin Cas Crongfully e)icted in %3#&)
    O-<E- <ENYIN. M(CC(-Y CO+.CLIN'S NOTICE O8 CLE-I'S O88ICE (N<
    CO+-T'S 8(IL+-E TO 8ILE CO+.CLIN'S NOTICE O8 (PPE(L, -EH+EST TC(T IT
    <O SO NO@N(N< MOTION 8O- -ELIE8 8-OM 9+<.MENT O8 02/72/3 (N< O-<E-
    O8 72/72/3 IN LI.CT O8 NE@LY <ISCO;E-E< E;I<ENCE (N< 8-(+< (N< N-CP
    B4$*&$5& (N< @(I;IN. TCE -EH+I-EMENT 8O- P(-I TE--(CE TO@NCOMES (SA
    SOCI(TION TO 8ILE (N OPPOSITION TO M(CC(-Y CO+.CLIN'S NOTICE
    $N $+ <B$:/ N$-(9B(+ ., #%"#, ;+$ *( <//$+N(> 67/7@<N/!/(N<N/, Z<C8 C$:@867N
    (DC$:@867ND' 076(D < N$/7C( $0 C6(+G4* $007C( <ND C$:+/4* 0<76:+( /$ 076( C$:@867N4* N$/7C( $0 <;;(<6,
    +(J:(*/ /8</ 7/ D$ *$ N$?, <ND 9$/7$N 0$+ +(67(0 0+$9 B:D@9(N/ 70 3!".!"# <ND $+D(+ $0 .!".!"# 7N
    67@8/ $0 N(?6> D7*C$-(+(D (-7D(NC( <ND 0+<:D <ND N+C; %(B'(4' (DN$/7C(!9$/7$ND') (LTCO+.C
    CO+.CLIN'S P-OO8 O8 SE-;ICE IN<IC(TES TC(T P(-I TE--(CE TO@NCOMES' M(N(.EMENT COMP(NY (N<
    (TTO-NEY @E-E SE-;E<, TCE CO+-T C(S <I S CO;E-E< TC(T, IN 8(CT, NEITCE- @(S SE-;E< ,
    /he Court has revieCed Coughlin4s Notice!9otion) /he Court has further considered the paX
    pers and pleadings on file herein, together Cith any attached e1hiAits, and the applicaAle laC)
    B<*(D :;$N 7/* +(-7(?, /8( C$:+/ 07ND* /8</ /8(+( 7* N$ 6(@<6 $+ 0<C/:<6 B<*7* 0$+ C$:@867N4*
    N$/7C(!9$/7$N) @$$D C<:*( <;;(<+7N@ /8(+(0$+(, 7/ 7* 8(+(B> $+D(+(D /8</
    - 66-
    1
    2
    C$:@867N4* N$/7C(69$/7$N 7* D(N7(D) 7/ 7* 0:+/8(+ $+D(+(D /8</ ;<+G /(++<C( /$?N8$9(*
    <**$C7</7$N 7* +(6(<*(D 0+$9 <N> +(J:7+(9(N/ /$ +(*;$ND /$ C$:@867N4* N$/7C(69$/7$N) D</(D /87*
    "4/8 D<> $0 N$-(9B(+, #%"#) !*! B<CG *C8+$(D(+, B:*/7C( $0 /8( ;(<C(Y
    /8( )""#')&* B> +BC B:D@( *C8+$(D(+ <ND $;;$*7N@ C$:N*(6 @<>6( G(+N, (*J), 7N 37. 7*
    7N/(+(*/7N@) C$:@67N +(C(7-(* B:D@( *8+$(D(+4* $+D(+ $N6> 0+$9 G(+N, <6$N@ ?7/8 8(+ N$/7C( $0 (N/+>
    $0 $+D(+) /8</ 7*, /8( +BC <ND $+ B:D@( *C8+$(D(+ D$ N$/ 9<76 C$:@867N B:D@( *C8+$(D(+4* $+D(+,
    B:/ +</8(+, ;+$-7D( /8(9 /$ $N6> G(+N, ?8$9 /8(N *(+-(* /8(9 /$ C$:@867N $N6> ?7/8 < N$/7C( $0
    (N/+> $0 $+D(+, /8(+(B> D(;+7-7N@ C$:@67N $0, ;$/(N/7<66>, < 0(? D<>* $+ *$ /$ +(-7(? *:C8 <N $+D(+
    ;+7$+ /$ /8( D(<D67N(* /8</ B(@7N +:NN7N@ :;$N *(+-7C( $0 < N$/7C( $0 (N/+> $0 $+D(+ B(@7NN7N@ /$ +:N)
    <dditionally, Budge *chroeder4s $rder of ""!"4!"#, very curiously reads: Q (though CoughA
    in's Proof of Ser)ice indicates that Par" Terrace To!nhomes' management company and atA
    torney !ere ser)ed, the Court has disco)ered that, in fact, neither !as ser)ed,= $ne can only
    Conder Eust Budge *chroeder and Qthe Court has discover that, in fact neitherY opposing counsel
    @ayle Gern, (s3), nor her unauthoriIed practitioner of laC!propery manager, ?estern Nevada 9anX
    agment4s *ue Ging QCer servedY if not Ay having impermissiAle e1 parte communications Cith Ging
    or Gern and or otherCise engaging in e1tra2Eudicial discussion and failing to aAide Ay the estaAlished
    precedent in Nevada that a court4s adEuciatory Aoundaries are limited to those matters presented to it
    Ay the litigants, rather than Chat Qthe Court has discoveredY through some unnamed methodology)
    Budge *chroeder has a duty to avoid the appearance of Aias or impropriety)
    /he +BC file in 374 also contains a ;ost27t Note $rder Ay Budge *chroeder of 3!#7!"# in reX
    sponse to Couglin4s 3!#3!"# 9otion to *et <side the 3!".!"# 6oc5out $rder that readsY Cler5s,
    ;lease see if <tty for 66 is going to file a response) *end the file Aac5 to me in "3 days) B*Y)
    Couglin has never received an in3uiry or remind from any +BC Budge as to Chether he is going to reX
    spond to some filing Ay an opposing counsel) *uch a Note $rder may Ae interpreted to create an apX
    pearance of impropriety, particularly given the suAse3uent ""!"4!"# $rder Ay Budge *ferraIIa sumX
    marily disposing of Couglin4s ""!.!"# N+C; %(A'(4' 9otion!Notice and aAsoliving Gern of even
    having to file an $pposition thereto or otherCise address Couglin4s allegations of fraud on Gern4s
    part)
    <DD7/7$N<66>, C$:@867N N$/(* <N$/8(+ <;;(<+<NC( $0 /8( C:+7$:* ;+<C/7C( $0 /8( +BC <ND
    ?CD<4* $007C( C8<+<C/(+7Z7N@ C$:@867N <* Q<N <//$+N(>Y ?8(N 7/ ?$:6D *((9 /$ *:7/ ?8</ *$9( 97@8/
    *<> 7* /8(7+ <@(ND<, <ND QN$/ <N <//$+N(>Y!*:*;(ND(D 0+$9 /8( ;+<C/7C( $0 6<?, ?8(N 7/ *$ *:7/* /8(
    *<9( /$ D$ *$ (7(, ?CD< DD< ?<//*2-7<64* ""!"3!"# $BB(C/7$N /$ C$:@867N4* "%!3%!"# *:B;$(N<* $N
    /8( #BDC
    7
    ())) B> >$:+ $?N <D97**7$N </ /8( /$; $0 /8( *:B;$(N<), >$: <+( /(9;$+<+76> *:*;(ND(D 0+$9
    /8( ;+<C/7C( $0 6<?) 7/ 0$66$?* /8</ >$: 8<-( N$ <:/8$+7/> /$ 7**:( *:B;$(N<*, <ND /8</ /8(+( 7* N$
    D:/> /$ C$9;6> ?7/8 /8( *<9() N+C; 4.(3')))Y', ?CD< DD< G<ND<+<*4* ""!"4!"# 9$/7$N /$ J:<*8
    C$:@67N4* *:B;$(N<*!D:C(* /(C:9* 7N %334" 076(D 7N %334", /8$:@8 <6*$ <//<C87N@ <**$C7</(D
    *:;B$(N<* 7N %#%4 (Q/8( ;<+/7(* +(J:(*/ /8</ <66 *:B;$(N<* <ND *:B;$(N<* D:C(* /(C:9 7**:(D B>
    D(0(ND<N/ Z<C8 C$:@867N B( J:<*8(D B(C<:*( /8(> ?(+( N$/ 7**:(D <ND *(+-(D 7N <CC$+D<NC( ?7/8 N+*
    "74)3%.)))?7/8 +(*;(C/ /$ (U87B7/* < <ND B, /8$*( *:B;$(N<* ?(+( N$/ ;+$;(+6> 7**:(D)))/8( ;<+/7(*
    +(J:(*/ /8</ /8( C$:+/4* $+D(+ 7**:(D N$-(9B(+ &, #%"# ((U87B7/ D' B( (U/(ND(D /$ /8( +(0(+(NC(D
    *:B;$(N<* 7N (U87B7/* < <ND B) *;(C707C<66>, ;<+<@+<;8 # $0 /8</ $+D(+ */</(* /8</ D<N> *:B;$(N< N$/
    ;+$;(+6> 7**:(D B> /8( C6(+G $+ $/8(+?7*( 7N <CC$+D<NC( ?7/8 N+* "74)3%. 7* 8(+(B> J:<*8(D)D
    *:B;$(N< 7N (U87B7/ < ?<* N$/ 7**:(D B> /8( C$:+/)))Y', +BC B:D@( *0(++<ZZ<4* ""!&!"#, ""!"!"#, <ND
    ""!"9!"# $+D(+* J:<*87N@ C$:@867N4* *:B;$(N<* <ND @+<N/7N@ /8( +(N$ C7/> <//$+N(> *G<:4* 9$/7$N
    - 67-
    1
    2
    0$+ < /(9;$+<+> ;+$/(C/7-( $+D(+ ;+(-(N/7N@ C$:@867N 0+$9 B(7N@ <B6( /$ (-(N 8<-( <N> N(?
    *:B;$(N<* 7**:(D B> /8( +BC)
    +BC Budges Clifton and *ferraIIa have indicated they vieC it as Coughlin4s fault that he isX
    sued and or had issued and or had served so many suApoenas on or around $ctoAer 3%
    th
    , #%"# in
    Aoth %334" and %#%4) /hey do not vieC the ". different arrests of Couglin this year as over5ill Ay
    the local Eudiciary and laC enforcement!prosecutors as having some role in attempted utiliIation fo
    such suApoenas, the oAstructionist approach Ay the ?ashoe County ;uAlic Defender4s $ffice in fightX
    ing to stay on as attorney of record in Coughlin4s cases in %334" and %.3% as long as possiAle,
    only to, at the last minuted (usually at the ". day deadline prior to /rial to file a ;re2/rial 9otion, oAX
    tain and $rder alloCing the CithdraCal of ?C;D Bim 6eslie, (s3), or Biray Dogan, (s3), leaving
    Coughlin to ma5e up for lost time in terms of using suApoenas for his defense', or the as a mitigating
    factor Budge *ferraIIa4s e1press indication, on the record on "%!##!"# in %334" that he aAsolutely
    Could not grant Coughlin a continuance of the continuation of /rial in %334" he then set for
    ""!"9!"# despite Couglin indicating that the *tate Bar of Nevada Cas to hold Coughlin4s formal disX
    ciplinary hearing on ""!"4!"#) <t that same hearing, shortly after announcing that he had refused the
    *BN4s re3uest to testify at that ""!"4!"# formal disciplinary hearing, Budge *ferraIIa failed to disX
    close the 4!""!"# Critten correspondence and voluntary suAmission of Coughlin4s #!#"!"# filing in
    %.3%, the doc5ets in %.3% and %334", and the offer to send Couglin4s #!".!"# ;re2/rial 9otion
    in %334" to the *BN to Coughlin) *uch a failure to disclose his Budicial *ecretarie4s suAmission to
    the *BN Ay Budge *ferraIIa arguaAly creates the appearance of impropriety and or an inference supX
    porting of a finding of evident impartiality or Aias)
    /he +BC file in 374 contains another curiousity Chere, upon Couglin
    C$:@67N ?<* C8<+@(D ?7/8 < @+$** MIS<EME(NO- N(C(**7/</7N@ < H3%% B<76 (U;(ND7/:+(, <ND /$
    ?87C8 C$:@67N ?<* (N/7/6(D /$ +(;+(*(N/</7$N Q</ <66 */<@(* $0 /8( ;+$C((D7N@*Y, D(*;7/( 87* ?C;D
    B7+<> D$@<N 0<767N@ /$ <;;(<+ $N 87* B(8<60 (<* 8<D B((N <@+((D /$ :;$N C$:@67N <ND D$@<N D7*C:**7N@
    /8( 9<//(+ $N #!&!"# 7N ;(+*$N' </ /8( #!"4!"# <++<7@N9(N/ (?87C8 /8( +BC 8<* N$/ C8<+<C/(+7Z(D 7N 7/*
    D$CG(/ <* QC<NC(66(DY, <;;<+(N/6> /$ ;+$/(C/ D$@<N 0+$9 < ;$/(N/7<6 +;C -7$6</7$N)))/8$:@8 +BC
    B:D7C7<6 *(C+(/<+> 6$+7 /$?N*(ND D7D 9<N<@( /$ -$6:N/<+76> *(ND /8( *BN, 7N 8(+ 4!""!"# (9<76 /$
    <**/) B<+ C$:N*(6 G7N@, C$:@867N4* #!#"!"# 076( */<9;(D N$/7C( $0 <;;(<+<NC(, (/C) 7N /8</ 9<//(+,
    +BC +C+#%"#2%.3%, <6$N@ ?7/8 /8( D$CG(/* 7N /8</ C<*( <ND <N$/8(+ +(/<67</$+> ;+$*(C:/7$N $0
    C$:@867N 7N %334", 7N <DD7/7$N /$ $00(+7N@ /$ *(ND C$:@867N4* #!".!"# ;+(2/+7<6 9$/7$N 7N %334" <*
    ?(66 7N <N <//(9;/ /$ C<:*( C$:@867N D7007C:6/7(* ?7/8 /8( *BN, 7N <N <;;<+(N/ +(/<67</$+> 9$-( 7N
    C$NN(C/7$N ?7/8 C$:@867N4* *:99<+> E;ICT 7$N 7N "7%&, 7**:(* ?7/8 +BC B<76700*, <ND /8( C+7/7C7*9* $0
    /8( ;+$C(** $N( 97@8/ +(<D 7N/$ C$:@867N4* #!#"!"# 0767@N 7N %.3%, ?87C8 7* C7/(D 7N B<+ C$:N*(64*
    &!#3!"# C$9;6<7N/ /8:*6>:
    Q9) $n 0eAruary #") #%"#) +espondent filed a document entitled, Notice
    of <ppearance (ntry of ;lea of Not @uilty, ?aiver of <rraignment, 9otion to
    Dismiss, etc) in one of his pending criminal matters, Case No) +C+2#%"#
    %.3%, City of +eno v) Zachary Coughlin) /he document clearly shoCs +eX
    spondent4s unprofessional, disruptive conduct, and lac5 of respect for the court
    and opposing counsel) Q
    - 68-
    1
    2
    Coughlin suAse3uently filed a grievance against Dogan Chich <sst) Bar Counsel Ging
    promptly failed to investigate in any discerniAle manner and dismissed Cithout assisgning it a grievX
    ance numAer, alleging an inaAility to prove Ay the Qclear and convicing evidenceY standard any ethiX
    cial or +;C violation Ay Dogan, despite Dogan4s failure to appear at the #!"4!"# gross misd e mean A
    or arraignment Aeing re3uired Ay statute)
    Ging similarly issued a dismissal letter to Couglin of a grievance Couglin filed against his
    then +9C court appointed defender Geith 6oomis, Chich alleged, amongst other things, a lac5 of
    Iealous advocacy, competence, diligence, and a failure Ay 6oomis to adhere to the dictates of +;C
    3)" in refusing to assert a claim of right defense on Coughlin4s Aehalf to the criminal trespass proX
    secution Chere 8ill and Ba5er admitted verAally and in Criting that they Cere charging Coughlin
    the same H9%% previously charged for full use and occupancy of his former home laC office at "#"
    +iver +oc5 during the month of NovemAer #%"", Chere Couglin as arrested at his former home laC
    office on ""!"3!"" for criminal trespass)
    Ging4s Complaint also goes on to allege:
    Q"%) +espondent Cas arrested on NovemAer "3, #%"" Ay +eno ;olice
    Department and charged Cith trespassing, a misdemeanor, for Chich he Cas
    later convicted)
    "") /he circumstances leading to the aAove2mentioned arrest are as folX
    loCs: at an hearing Bustice of the ;eace ;eter *ferraIIa ordered that +espondent
    vacate the home he Cas renting effective NovemAer ", #%"") <fter the loc5s
    Cere changed and the notice Cas posted on the front door the oCner, Dr) 9erX
    liss, discovered that someone had Aro5en into the home and Cas Aarricaded in
    the Aasement) /he +eno ;olice tried to coa1 Choever Cas in the Aasement to
    open the door) Dr) 9erliss Cas forced to 5ic5 open the door Chere the +eno ;oX
    lice found +espondent) +espondent had Aro5en into the home and living in the
    Aasement) +espondent Cas arrested for criminal trespass and Cas suAse3uently
    convicted of that charge)
    "#) +(*;$ND(N/, +(;+(*(N/7N@ 879*(60 <* C$2C$:N*(6, 076(D < 32;<@(
    9$/7$N /$ D7*97** $N 9<+C8 ., #%"#) /8( 9$/7$N ?<* D(N7(D B> B:D@( ?7667<9
    @<+DN(+ <ND ?<* D(/(+97N(D /$ B( ?7/8$:/ 9(+7/) /8( 9$/7$N, $N 7/* 0<C(,
    D(9$N*/+</(* /8</ +(*;$ND(N/ 6<CG* C$9;(/(NC( /$ ;+<C/7C( 6<?)YY
    0:+/8(+, G7N@4* +(0:*<6 /$ <66$? C$:@867N /$ (-(N *(( $+ +(-7(? /8( 9</(+7<6* *:B97//(D
    <6$N@ ?7/8 B:D@( 8$69(*4 3!"4!"# @+7(-<NC( <ND <N> $/8(+ 9</(+7<6* *:B97//(D B> /8( +9C
    (7NC6:D7N@ /8( #3 (U87B7/ *:B97**7$N $0 4!"!"#, /8</ D7D 7NC6:D( C$:@867N4* 3!.!"# 9$/7$N /$ D7*97**
    7N /8( C+797N<6 /+(*;<** 9<//(+ B(0$+( B:D@( ?) @<+DN(+ 7N #4%.' 8<9;(+(D /8( C$N067C/!B:D7C7<6
    D7*J:<6707C</7$N <N<6>*7* <//(ND<N/ /$ < N:9B(+ $0 C<*(*, 7NC6:D7N@ /8</ C+797N<6 /+(*;<** ;+$*(C:/7$N)
    - 69-
    1
    2
    CO+.CLIN *ELIE;ES CE @(S ON TIME 8O- TCE ?D04 (M CE(-IN. ON 02/72/3, TCO+.C TCE 9(;S (+<IO -ECO-<IN.2;I<EO CO+.LIN P(I<
    TCE -9C O07 8O- $IT IS ONLY 3 MIN+TES /3 SECON<S LON.& C(S ( ;IS+(L TIME ST(MPIN. IN<IC(TIN. ( ST(-T TIME O8 TCE -ECO-<IN. TCE -9C
    P-O;I<E< TO CO+.LCIN O8 ?D00D07 (M ON 02/72/3 $TCE -9C C-L8 ITSEL8 O+T TO TCE P+*LIC (T (LL -ELE;(NT TIMES (S ST(-TIN. S+CC
    CE(-IN.S (N< ST(CIE< <OCIETS (T ?D04 (M&, -E.(-<LESS, TCE L(N<LO-<'S (88I<(;IT TC(T IE-N 8ILE< A1T"R TC(T S+MM(-Y
    E;ICT ION CE(-IN. IS 8ILE ST(MPE< (S *EIN. 8ILE< (T 1D35 (M, TCE (+<IO T-(NSC-IPT O8 TC(T 02/72/3
    S+MM(-Y E;ICT ION CE(-IN. -E;E(LS -9C 9+<.E SCC-OE<E-S 9+<ICI(L (SSIST(NT P-OMPTIN. CIM TO .O
    O+T O8 TCE O-<E- CE C(< PL(NNE< TO CE(- TCE C(SES ON CIS ST(CIE< <OCIET IN IN O-<E- TO,
    COPE8+LLY, SPEE< TC-O+.C ( <E8(+LT (.(INST CO+.CLIN, @COM TCE CLE-I NOTES ON TCE (+<IO
    T-(NSC-IPT, C(< YET TO SCO@ +P TC(T MO-NIN., S+*SEH+ENTLY, CO+.CLIN C(S -ECEI;E< O-<E- 8-OM
    9+<.E SCC-OE<E- ONLY *Y TCEI- *EIN. (TT(CCE< TO NOTICE O8 ENT-Y M(ILE< O+T *Y IE-N, C+-IO+SLY,
    8+-TCE-, ( -ECENT O-<E- *Y 9+<.E SCC-OE<E- C+-IO+SLY (*SOL;ES IE-N 8-OM NEE<IN. TO -ESPON<
    TO CO+.CLIN'S MOTION TO SET (SI<E TCE S+MM(-Y E;I C T ION, NOTIN. TC(T 9+<.E SCC-OE<E- :C(S
    LE(-NE<= TC(T IE-N (N< IIN. ,,,
    /he 3!".!"# 6oc5out $rder Ay +BC Budge *chroeder in 374 not only contains the wrong ad+
    dress of the Auilding from Chich Coughlin Cas actually e)icted later that day, Aut further Cas
    signed and file stamped in priory to Gern filing a sCorn 6anldord4s <ffidavit as re3uired Ay laC,
    containing the assertions and information re3uired Ay N+* 4%)#.3) /hat 3!".!"# 6oc5out $rder
    reads:
    Q:;$N <;;67C</7$N duly and regularly made Ay ;ar5 /errace
    /oCnhornes, 6andlord, and proof therein, supported #y a s!orn
    (ffida)it on the date hereinafter mentioned, and good causing appearing
    therefore, 7/ 7* 8(+(B> $+D(+(D, <DB:D@(D <ND D(C+((D
    <* 0$66$?*: /hat the *heriff of ?ashoe County, or one of their duly
    authoriIed agent, are hereAy directed to remove each and every person
    found upon and Cithin those certain premises located at "44# ( 9th */
    +eno N- &9."#, +eno ?ashoe County, Nevada Cithin #4 hours after
    receipt of this order )Y
    /he 3!".!"# +BC +ev#%"#2%%%374 6oc5out $rder taped to door Ay ?C*$ Cith fa1 header
    from +BC timed &:#4 am though file stamped 9:33 am ;//8$< Ccso %#%4) /he ?C*$ Civil DiviX
    sion has indicated to Coughlin, Aoth through 6iI *tuchell, +o1y *ilva, and 9aureen, that the +BC
    fa1es 6oc5out $rders to the ?C*$ Civil Division, and the ?C*$ ta5es the fa1, inputs Ay hand into
    a softCare program the time of QreceiptY of such $rder (Chich is not necessarily the same as the
    time of receipt of the fa1 as indicated Ay the time stamping and fa1 numAer received from shoCn in
    the fa1 header as printed onto the 6oc5out $rders Ay the ?C*$ Civil Division fa1 machine',
    Chereupon no copy of such fa1 is made or maintained Ay the ?C*$ Civil Division, Aut rather, that
    fa1ed 6oc5out $rder is then given to the Deputies Chom Cill perform the loc5out QCithin #4 hours
    of receiptY of that 6oc5out $rder, and that such loc5out procedure includes taping that fa1ed 6oc5X
    out $rder to the tenant4s door) Coughlin maintained the e1act fa1ed 6oc5out $rder that ?C*$
    Deputies CanniIaro and DurAen taped to his door on 3!".!"# at appro1imately ":4. pm at "4## ()
    9
    th
    *t) ]# (shortly Aefore the 3!".!"# hearing Aefore N-B Budge Bessley in Cadle Co) v) Geller that
    Budge Beesley testified to at the ""!"4!"# 8earing, at first indicating that Coughlin did not have a
    Eac5et on Chen appearing at the hearing, Aut then later admitting on cross e1amination that CouglhX
    in, in fact, Cas Cearing a suit Eac5et during that appearance)
    /he 6oc5out $rder in 374 is li5e most every 6oc5out $rder issued Ay an +BC Budge, even
    though the landlord had an attorney representing it) /he +BC has indicated to Coughlin (through
    - 70-
    1
    2
    Chief Civil Cler5 Garen *tancil and Cler5 Bonnie Cooper' that, Chen an attorney is representing the
    landlord, the attorneys Cill typically prepare their oCn $rders, and that the attorneys Cill then arX
    range for such $rders to Ae delivered or transmitted to the ?C*$ Civil Division) /hat assertion
    runs counter to the sCorn testimony Ay 8ill4s associate Casey D) Ba5er, (s3), at the criminal trespass
    prosecution trial of Couglhin on !"&!"# in +9C #4%., Chere Ba5er sCears:
    +(@<+D6(**, N(7/8(+ /8( "%!#.!"" E;ICT 7$N D(C7*7$N <ND $+D(+, N$+ /8( "%!#7!"" 0$0C$6
    <ND $+D(+ $0 *:99<+> E;ICT 7$N 7N "7%& C$N/<7N* /8( 6<N@:<@( +(J:7+(D B> N+* 4%)#.3 0$:ND <B$-(
    7N /8( 6$CG$:/ $+D(+ B> B:D@( *C8+$(D(+ 7N 374 (Q /8</ /8( *8(+700 $0 ?<*8$( C$:N/>, $+ $N( $0
    /8(7+ D:6> <:/8$+7Z(D <@(N/, (-E CE-E*Y <I-ECTE< TO -EMO;E E(CC (N< E;E-Y PE-SON 8O+N< +PON (N<
    @ITCIN TCOSE CE-T(IN P-EMISES 6$C</(D </ (7N*(+/ <DD+(** $0 +(N/<6 8(+(', +(N$ ?<*8$( C$:N/>,
    N(-<D< @ITCIN 35 CO+-S (8TE- - E CEIPT O8 TCIS O-<E-, Y
    0urther, Cith respect to the criminal trespass prosecution of Coughlin in #4%. Aased
    upon an arrest on ""!"3!"" of Coughlin at his former home laC office at "#" +iver +oc5 *t), &9."#,
    no language in either the "%!#.!"" e)iction Decision and $rder, nor the "%!#7!"" 0$0C$6 and $rder
    of *ummary e)iction in "7%& could reasonaAly Ae said to Ae tantamount to a Carning sufficient to
    support a finding that Coughlin4s presence at the location alone (Cithout any further Carning, re3uest
    that he leave, or signage Carning against trespassing' Could suffice to support a conviction for crimX
    inal trespass) ?here +C< 8aIlett2*teven4s suggestion that *tate v) 9cNichols supported such a findX
    ing Cas e1pressly cited Ay +9C Budge 6) @ardner, a lac5 of due process is evident, particularly
    Chere Budge @ardner ruled as QirrelevantY Coughlin4s contentions that neither of those $rders in "7%&
    Cere appropriately served (never mind the fact that the $rders Cere stale in one respect, and the loc5X
    out Cas effectuated too early in other respects, much less that voidness for lac5 of Eurisdiction of the
    $rders themselves in light of N+* 4%)#.3('4s dicates
    7t is rather curious that it Cas on that same #!#7!"# date as the Qsimple traffic citation
    trialY in +9C #&%% Aefore Budge Nash 8olmes resulting in an *C+ "%. Complaint against Coughlin
    and a . day summary incarceration and confiscating Cithout a Carrant an not pursuant to a search inX
    cident to arrest of Coughlin4s 8/C @# smart phone, free standing 3# @B micro *D data card, *amX
    sung flip phone, and Braun electric shaver for 37 days, at Chich point the items Cere returned to
    Coughlin Cith all data thereon Ciped, damaging Couglin4s laC practice, ma5ing it overly difficult to
    compensate for the sudden . day summary incarceration and imprudent denial of a stay Ay Budge
    8olmes on #!#7!"#, or to 5noC of or attend the 3!"#!"# continuation of the trial Aefore her in #&%%,
    Chich Cas improperly held given the competency issues Budge Nash 8olmes herself found to Ae in
    3uestion as to Coughlin in Aoth her #!#&!"# $rder (Chich Coughlin did not receive until finding it atX
    tached to a filing in %97. in mid Bune #%"#, given the +9C mailed it to the "#" +iver +oc5 address
    that it 5neC Cas no longer good for Coughlin, and Chere the +9C had Aeen provided Coughlin4s
    then current "4## () 9
    th
    *t) ]# address on multiple occassions, including in a #!#3!"# filed 9otion to
    *et <side the Qcandy Aar and cough dropsY conviction in ##"7 in the matter Aefore +9C Budge
    8oCard, Chich Cas the suAEect of a +9C Budge meeting discussing the strategy the +9C Could ta5e
    Cith Coughlin prior to the #!#7!"# trial date) *o, Budge 8olmes4 contention, in her 3!"4!"# Qformal
    Critten complaintY against Coughlin to the +9C that she Cas having such difficulty contacting
    Coughlin given the four or so different addresses the +9C had for him (noting that she had Qheard he
    may Ae living in his carY)))Chich indicates, along Cith the premature 6oc5out $rder entered at &:#4
    am, per the time stamped fa1 header in 374, Ay +BC Budge *chroeder the very ne1t day, 3!".!"#, that
    - 71-
    1
    2
    +9C Budge Nash 8olmes, and +BC Budge *chroeder had e1tra2Eudicial discussions related to CoughX
    lin (perhaps that is Chere Budge 8olmes Cas AetCeen ":3% pm and 3:%%pm Chen her Budicial <ssistX
    ant can Ae heard on the record remar5ing as to hoC strange it Cas that no one could figure out Chere
    Budge Nash 8olmes Cas e1actly, indicating 8olmes may have, Ay that point, ventured over the +BC
    for a little strategiIing as to the approach Cith Coughlin') ?hat is strange is that the fa1 header on
    the 3!&!"# file stamped /(N<N/4* <N*?(+ <ND /(N<N/* <007D<-7/!D(C6<+</7$N /$
    3% D<> N$/7C( /$ J:7/= 9$/7$N 0$+ *<NC/7$N* <ND <//$+N(>4* 0((* indicates
    that that filing Cas received Ay the +BC on #!#7!"#)))further, a file stamping of 3!.!"# can Ae seen on
    that filing, though it is crossed out and mar5ed as Qfiled in errorY) 9ost li5ely, the 3!&!"# file stampX
    ing, compared to the #!#7!"# fa1 header date stamping of receipt Ay the +BC is oCing to the +BC not
    filing in the /enant4s <nsCer Chere the 70; suAmitted along Cith Cas denied, until Coughlin paid the
    H33 filing fee, Chich he ultimately did, li5ely on 3!&!"#)
    Couglin4s 3!&!"# /enant4s <nsCer in 374 contains, in part, the folloCing argument and citaX
    tion:
    )))C$9(* N$?, /8( :ND(+*7@N(D /(N<N/ <ND */</(*: ") 7 <9 /8( /(N<N/ $0 <
    +(N/<6 :N7/(D 6$C</(D </ "4## () 9/8 */) ]#, +(N$ &9."#) #) 9> +(N/ 7* N$/
    *:B*7D7Z(D B> ;:B67C 8$:*7N@ <:/8$+7/> $+ $/8(+ @$-(+N9(N/<6 <@(NC>) @6<Z7(+ -)
    B:*/7C( C$:+/ $0 *97/8 -<66(> /;), """ N(-) &4, &99 ;)#D ""%. (N(-) B:6 #7,
    "99.': D*:99<+> E;ICT 7$N */</:/( <66$?7N@ 6<ND6$+D /$ <;;6> /$ B:*/7C(4* C$:+/ 0$+
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    /$ 4%)4#%) ^^""% <6/8$:@8 @6<Z7(+4* <+@:9(N/ 7* 6$@7C<66> *$:ND, 7/ 7* *79;6>
    - 72-
    1
    2
    7++(6(-<N/) 7/ 7* C6(<+ /8</, D(*;7/( <66 /8( ;+$C((D7N@* B(6$? <ND /8( <+@:9(N/* $0 /8(
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    C8<;/(+ #% 2 9<67C7$:* 97*C87(0 N+* #%)%%. Q@+<007/7Y D(07N(D) N+*
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    - 73-
    1
    2
    C(N/(+= D<9<@( $0 ;(+*$N<6 ;+$;(+/> C$N/<7N(D /8(+(7N= PEN(LTIES = +(*/7/:/7$N) N+*
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    N(? >(<+* D<> </ "#:3% <9, 6$CG7N@ 9( $:/*7D( $N < N7@8/ ?7/8 0+((Z7N@ /(9;(+</:+(*,
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    +(;(</(D6>) N+* ""&<)39%) ;6(<*( C:+( /8(*( 7**:(* $+ 7 7N/(ND /$ D(D:C/ /8(9 0+$9
    <N> 0:/:+( +(N/) 7 <9 C$9;6<7N7N@ $0 >$:+* <ND 6<:+< 8<++7*$N4* -7$6</7$N* $0 C+797N<6
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    /8</ *:@@(*/* 7/ ?<* ;:+;$*(0:66> D$N() 7 ?766 +(97ND >$: /8</ <B:*( /$ <N79<6* 7*
    7NC6:D(D 7N /8( ;+$/(C/7$N $+D(+ */</:/(*) 0:+/8(+, >$: <ND 9*) 8<++7*$N <+( 7N
    -7$6</7$N $0 0(D(+<6 6<? 7N ;+(-(N/7N@ 9> <CC(** /$ /8( 9<76B$U 7NC6:D(D 7N $:+
    <@+((9(N/, <* 7/ ?<* <@+((D /8</ 7 ?$:6D B( <00$+D(D /8( $;;$+/:N7/> /$ +(C(7-( 9<76
    </ /8( "4## () 9/8 */) ]# <DD+(** <ND :*( $0 /8( 9<76B$U) *7NC(+(6>, Z<C8 C$:@867N,
    (*J)D (;<@(* "&2#%'))))))
    )))/he landlord4s Complaint fails to state facts Chich Could alloC him!her to e)ict me, further Ging
    and ?estern Nevada 9anagement and *hiela 6ester have admitted they received nothing pursuant to
    their arrangement Cith <llaAac5 and 0oreshee, as such the Nevada *upreme Court holding in @laIier
    ma5es inapplicaAle a summary e)iction proceeding) 0urther, Chere, as here, my lease alloCs me to
    use the premises for a home laC office, and the non2payment of rent has not Aeen alleged, N+*
    4%)#.3 ma5es inapplicaAle a summary e)iction procedure under those circumstances, rather, a plenX
    - 74-
    1
    2
    ary procedure is re3uired) +egardless, a proper Eury trial demand is hereAy made) /here is perhaps anX
    other person against Chom this action should Ae Arought, namely (rin <llaAac5 and 6aure 0orshee) 7
    have not Aeen properly named in the notices) +ather, the Notice purportedly posed on Banuary "%th,
    #%"# only names a DBohn DoeD despite my numerous Critings to ?estern Nevada Cherein my name
    Cas madse clear) /he <it5en case ma5es clear that the procedural and notice re3uirements of sumX
    mary e)iction matters must Ae stricly adhered to, as such this DBohn DoeD notice is ineffective) 7 have
    other defenses as folloCs: retaliation, discrimination, lac5 of allegation of nonpayment of rent, 8$<
    admitted tenants Cere not oAligated to pay rent, as such, under @laIier, summary e)iction procedures
    unavailaAle) 79;$+/<N/: 7n some cases, the Court has the poCer to give you time to find a neC
    place to live even if you do not have any of the listed defenses) 7f you Cish the Court to determine
    Chether you are entitled to it, please chec5 AeloC: 7 have provided Critten re3uest to landlord for an
    e1tension of 3% days in light of my disaAility) 7 am Criting to re3uest the 3% days e1tension Aased
    upon disaAility) 7 am invo5ing my 87;<< and other privacy rights Cith respect to divulging anythign
    further aAout my disaAility) C$:N/(+C6<79 7f you Aelieve that you are entitled to a return of part
    of your rent payment or other damages from the landlord, complete the statement AeloC: 7 here Ay
    counterclaim in e1cess of H"%,%%% in damages) 7 feel that 7 am entitled to this amount for the folloCX
    ing reasons: damages to myself, my clients, and my practice in light of landlord4s and landlord4s
    agents actions) 6aura and Chris Aeing the <ssociations employees and therefore you guys or them
    Canted to settle Cith me on account of a respondeat superior theory of liaAility ma5ing your e1posure
    significant enough to Eustify doing so) <ssociation4s negligence vis a vis 6aura and Chris4s negligent
    andintentional torts committed against me, Chich have resulted in thousands of dollars of damages)
    ;lease copy me on any and all correspondence via fa1 or email as the landlords and or their argents
    have Aeen or areCithholding my mail or otherCise interferring Cith my acces to it, and they have also
    done Cith respect to the essential service of electricity) (pages #2#&'!!!Being an attorney is hard
    enough Cithout dealing Cith all of ;ar5 /errace4s malfeasance)D Coughlin also, Cithin that 3!&!"#
    file stamped filing, sought sanctions: <Carding <ttorney4s 0ees to ;ro *e 6itigants :nder +ule "",
    Bune, "997, 9. 9ich) 6) +ev) #3%&, Beremy D) *pector))))?8(+(0$+(, tenant, Zach Coughlin,
    prays that this Court rule that a summary e)iction proceeding is unavailaAle to landlord here and
    aCard in e1cess of H"%,%%% damages to /enant!Counterclaimant) (page 3"')))Y
    <lso, the 3!&!"# Case <ppeal *tatement Couglhin filed in the appeal of the first summary
    e)iction from Coughlin4s former home laC office, Aefore Budge 0lanagan, contains a great deal of inX
    flammatory information related to +9C, +;D, +eno City <ttorney, +BC, ?C*$, and others that
    ought Ae considered in evaluating the events, orders, and grievances that ensued on 3!"#!"# ($rder
    Ay +9C 8olmes in #&%%', 3!"4!"# (greivance Ay 8olmes to the *BN against Coughlin and suAmisX
    sion Ay 8olmes of 4!"3!%9 $rder <fter /rial of Budge 6) @ardner, Chich ?6* (see %3%# and
    %3"7' cited, in (1ec) Director (lcano4s .!"!%9 and .!7!%9 letters to Coughlin e1plaining his suspenX
    sion and termination as the sole reason for Aoth (that 4!"3!%9 $</ resulted in Coughlin filign .3&33
    and .4&44, Chich (lcano, Chom testified to Aeing Qvery protective of my employeesY claime, in his
    sCorn testimony, to have either not Aeen aCare of or to not have revieCed at all)))somehoC (lcano
    decided not to even Cait for Budge 6) @ardner to rule on Coughlin4s 4!#7!%9 or 4!3%!%9 9otion for
    +econsideration Aefore deciding to fire Coughlin, though (lcano4s testimony on ""!"4!"# revealed
    the e1tent to Chich (lcano has a complete lac5 of 5noCledge Cith respect to the suAstantive issues
    involved in %""&)))(lcano Eust 5noCs he Cants to do Chatever the Budge Cants, despite (lcano adX
    mitting to having QmentoredY and QtrainedY Coughlin Cith such advice as QChen you Cal5 into that
    courtroom, its not the opposing counsel4s courtroom, its not the Eudges courtroom))))its >$:+
    courtroom_Y)
    - 75-
    1
    2
    +egardless, the *BN Cas provided the #!#3!"# filing Ay Coughlin in ##"7 (it Cas inX
    cluded in the ""!&!"# 3,#%% page document production to Coughlin Ay the *BN', Chich contained arX
    gument critical of the handling of the prosecution of Coughlin incident to the ""!3%!"" /rial, and imX
    mediate, stay denied, 3 day summary contempt incarceration of Couglin Ay +9C Budge 8oCard,
    Chom had denied Coughlin Aoth court appointed Counsel (despite failing to specifically rule that Eail
    time Cas not a possiAility and the mandatory authority found in the #%%& Nevada Courts of 6imited
    Burisdiction Bench Boo5 Q5noCn to all EudgesY in Nevada Ay the <igersinger :)*) *upreme Court
    case') +egardless, the +9C received as QundeliveraAleY the #!#&!"# $rder in #&%% that it mailed
    Coughlin, then proceeded to fail to remail it to any of the other addresses it had for Coughlin, much
    less the most current one indicated on Coughlin4s #!#3!"# filing in ##"7, or even on Coughlin4s
    3!7!"# or 3!"#!"# filings in #&%%, much less fa1 or email it to the numAer and address held out Ay
    Coughlin on his filings and at CCC)nvAar)org)
    /hat #!#7!"# traffic citation trial in the +9C resulted in 8olmes sending a Critten grievance
    against Coughlin to the *BN, N@"#2%434, apparently (the *BN has Aeen very evasive aAout Chich
    greivance numAer Aelongs to Chich greivance or grievant, ma5ing it difficult to folloC +;C 4)# Cith
    much certainty, to the Aenefit of the *BN, Chich has managed to enEoy much synergy Cith the
    ?CD< (particularly /;$!(;$ <pplication suggester DD< 9ary Gandaras and DD< David ?atts2
    -ial (relation of #BDC <dministrative <ssistant, 6aura ?atts2-ial, (s3), Aefore Chom Coughlin as a
    :70*< case that threatened the hegemony of the ?CD< 0amily *upport Division4s hegemony in
    0-""2%3379, @) Bones v) D) 8arris' a companion case to the 0-%. custody matter for Chich CoughX
    lin did an enormous amount of Cor5 Aut Cas only paid aAout H"%%)%% of the agreed upon H",.%%, so
    the Chole <ffidavit of ;overty Cith the +9C and Ging, 8olmes, and +9C Budge 8oCard (in his
    "#!"!"" $rder in ##"7' ta5ing issue Cith Coughlin Aeing Qa licensed attorneyY Chile also claiming
    poverty, Chere also claiming his Qincarceration Could preEudice his client4sY cases is not all that non2
    sensical)
    $ne must give Ging and the +9C Budges some latitude there, though, as, Aeing government
    employes and or elected officials, it must Ae aCfully hard for them to imagine someone Cor5ing
    Cithout getting paid) 0or Ging, it is proAaAly difficult for him to imagine someone wor,ing to get
    paid, and similarly, Ging must have an inordinately difficult time imagining practicing laC Cithout
    the Aenefit of *C+ "% immunity) ;retty charmed life that ;at Ging lives) @ets to Aring his @reat
    Dane to Cor5 at the DouAle + office of the *BN) 6eaves prior to . pm according to Nevada 6aCyer
    contriAutor ;aula CampAell (the *BN4s Qfiling officeY occasionally closes in the middle of the day or
    prior to . pm, Chich, Couglhin can attest, ma5es securing a filing date and or file stamped copy
    rather proAlematic at times, as does Aeing suAEect to /;$s or (;$s, purportedly served Ay +eno
    Bustice Court Bailiffs in either the +BC 0iling $ffice or the Department of <lternative *entencing
    (D<*' 5ios5!closet Cith a CindoC located Cithin the +BC 0iling $ffice, adorned Cith signage pointX
    ing out the separateness of the D<* 5ios5!program from the +BC4s 0iling $ffice) Courthouse sancX
    tuary doctrine and the general prohiAition against serving attorney4s process Chere they are accessX
    ing a court or filing office ma5es void Aoth the /;$ and (;$ for Aoth ?ashoe County in .99 and
    the *BN in %7, nevermind the fact that the QCor5place protection orderY application and $rders are
    void for lac5 of the posting of the H"%%)%% Aond re3uired Ay statute)
    0urther, an email Couglin allegedly sent to his ?C;D, that inlcuded three different
    *BN employees in the list of recipients, the alleged implied threat contained therein Aeing nothign
    more than a url Aeing cited to that led to an audio clip only (ie, contrary to Ging and 6eslie4s contenX
    tions, there Cas no Qviolent videoY or Qscene from movie' that in no Cay could reasonaAly Ae interX
    - 76-
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    preted to Ae a threat of any sort sufficient to meet the re3uirement for a ?or5plance ;rotection $rder,
    much less an Q7nstitutionalY ?or5place ;rotection $rder) Both .99 and %7 are egregious aAuses of
    process and the pointing of gun at Coughlin4s head from 4 feet aCay Ay +;D $fficer ?addle, in
    Couglin4s Aac5 yard, upon ?addle Eumping out from Aehind a Aac5yard shed at Couglin, Cithout so
    much as a single instance of the +;D announcing themselves as laC enforcement or otherCise issuX
    ing sort of order or re3uest to Couglin of any type, and thereupon arresting Couglin and charging him
    Cith Aoth a felony and a gross misdemeanor (in an oAvious attempt Ay the *BN, ?C;D, +BC, and
    ?CD<, +;D, +9C, and +C<, some might say, to prevent Couglin from Aeing aAle to timely file his
    Arief in #337 and or in retaliation for the #!7!"3 $rder Ay Chief Bustice ;ic5ering (Qif you li5e it then
    you oughta put ;ic5ering on itY' stri5ing the e1tremely negligent and deficient (and soon to Ae proven
    fraudulent' "#!#4!"# +$< filed Ay the *BN (Chich, curiously, lac5s the "%!3"!"# filing Ay Couglin
    that Coughlin has a file stamped copy of (hec5, the ""!"4!"# 8earing (1hiAit ]"4 provides a good
    hint to the *BN that such a filing e1ists, and its contained an (1hiAit attached as disc, and the content
    of that filing is so incrediAly damaging to everything 8ill, the *BN, +;D, ?C*$, ?CD<, +9C,
    +C<, and +BC are attempting to accomplish, some might say, that is no Conder the *BN apparently
    QlostY that filing or otherCise managed to fail to include it in the +$< (or any of the discs attached as
    (1hiAits containing certified copies of the relevant audio transcripts from the 5ey hearings, and
    videos from all the arrests mentioned in the &!#3!"# Complaint and of nearly all other incidents at isX
    sue in the &!#3!"# Complaint and associated cases, particularly those Cherein some +;C 3)" violation
    Ay Coughlin is alleged) NoAody e1pected Couglin to Ae aAle to Aail out on the AondaAle H.,%%% Aail
    incident to the #!&!"# arrest Ay the +;D) 7t didn4t help that the Eail continued to deprive Couglin of
    one of his psychiatric medications and insisted upon providing Coughlin one medication, ?ellAutrin,
    at bedtime (?ellAutrin Cill 5eep you aCa5e if ta5en at Aedtime' Chere Coughlin slept through tCo
    alarm cloc5s upon ta5ing a Area5 from cramming for the #!"#!"# continuation of the /rial in %.3%
    to ta5e a 3% minute nap at .:3% am) Budge Clifton (after managing to get an unnoticed, QemergencyY
    (1 ;arte 8earing recalling Budge ;earson Aac5 to the Bench Ariefly after tagging out Cith his form
    ?CD< DD< Criminal Division coCor5er Clifton on #!"3!"# to alter or CithdraC the #!"#!"3 $rder
    for Competency (valuation that ;erson had Eust entered an hour Aefore incident to an unnoticed
    QemergencyY $rder to *hoC Cause 8earing held at &:3% am on #!"#!"# in %334" stemming from a
    #!"!"3 custodial arrest of Coughlin Ay D<* $fficer +amos at 7:%# pm (in violation of N+* "7")"34s
    prohiAition against misdemeanor arrests after 7 pm Chere no Carrant present Chere +amos $rder
    Couglin out of the .
    th
    Cheel trailer he currently rents' Aased upon an allegation that Coughlin violX
    ated the terms of his proAation Chere it Cas alleged Couglin failed to chec5 in Cith D<* on "!#3!"3,
    despite D<* $fficer Celeste BroCn Criting Couglin, on "!#4!"3 to admit that the QvideoY at the
    courthouse shoCed and proved that Couglin presented to the security chec5 in no later than #:. pm
    in an attempt to chec5 in Cith D<* Ay their 3 pm closing time, Aut that Coughlin Cas prevented from
    doing so due to security and the +BC, and Budge *ferraIIa4s "#!#%!"# <dministrative $rder "#2%",
    and security personnel verAal orders that day, and +BC Bailiff <ugustin 9edina ta5ing Eust long
    enough to appear at the security chec5 in point Chere Coughlin Cas ordered to Cait for an Bailiff to
    escort him the 3% yards to the D<* chec5 in) *o, that is three custodial arrests of Coughlin in "%
    days, AetCeen #!"!"3 and #!"#!"3) Budge Clifton ordered Couglin remanded into custody (despite
    Couglin Aeing out on an $+ release, no on Aail' at the conclusion of Coughlin4s cross2e1amination of
    (C$994s Carthen on #!"#!"3 at noon for a Contempt *hoC Cause 8earing to Ae held the folloCing
    day at 9 am Aased upon Clifton4s contention that he had Carned Coughlin previously aAout Aeing
    QlateY to Court, despite Coughlin4s contention that he had not previously Aeen late, Aut rather had
    Aeen told Ay +BC Chief Criminal Division 0iling $ffice Cler5 +oAAin Ba5er that Clifton had moved
    - 77-
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    the start time for the /rial in %.3% on "#!""!"# to ":3% pm from a 9 am start time (Chich Could
    ma5e sense considering the /rial /om -iloria, (s3), respresented a defendant in that morning as
    Couglin Citnessed, upon Coughlin calling the +BC to in3uire aAout something and Aeing told that the
    /rial in %.3% Cas, in fact, starting at 9 am that morning, at Chich point Coughlin hurriedly traX
    versed to the +BC, arriving Ay "% am) Despite +oAAin Ba5er, curiously Aeing aAsent from Cor5 that
    day, Budge Clifton sua sponte indicated that Coughlin Cas QCrongY Cith regard to his contention that
    Ba5er had informed him of the start time for the "#!""!"# /rial Aeing moved to ":3% pm) Coughlin
    Cas prevented from suApoening or calling Ba5er at the #!".!"# Contempt *hoC Cause 8earing in
    %.3% to reAut Budge Clifton4s contention that Coughlin had Aeen QCarnedY against Aeing late
    QagainY) $N #!".!"3 Budge Clifton summarily sentenced Couglhin to . days incarceration to Aegin
    immediately Chere he also denied Coughlin4s 9otion for even a Arief *tay (folloCing his setting
    Coughlin4s Aail at a ridiculous H"%,%%% on #!"4!"3, some might say' Cith no possiAility of paying a
    fine in lieu of serving said . days) Budge Clifton somehoC managed to find Couglhin4s sleeping
    through tCo alarm cloc5s upon attempting to ta5e a 3% minute nap at .:3% am on #!"4!"3 after Aeing
    forced to cram for the continuation of trial in %.3% due to the tCo Crongful arrests of Coughlin (on
    #!"!"3 and #!&!"3' as QvolitionalY) Coughlin44s suddenly court appointed defender, Bruce 6indsay,
    (s3) (hoC is it Couglin gets court appointed counsel for a civil contempt hearing on #!"4!"3 in
    %.3% Chere he Cas denied such at the 3!#3!"# *hoC Cause 8earing in %3#& and on ""!3%!"# in
    ##"7 upon Budge 8oCard announcing he may find Couglin in Contempt, then finding Coughlin in
    Contempt, Aut insisting Coughlin continue on in self representing himself through the remainder of
    that criminal prosecution Chere the possiAility months Eail time e1isted and Coughlin Cas denied
    court appointed counsel Ay +9C Budge 8oCardF') +BC Chief Bailiff *e1ton indicated to Couglin, in
    a holding cell that Couglin had Qfive different violations of Budge *ferraIIa4s <dministrative $rder
    hanging over your head, each one carrying a possiAle3 #. day Eail sentenceY Chere such violations,
    allegedly, include calling the filing office to confirm the start time of a hearing or other alleged de
    minimis infractions-
    $f course, the ?CD< and the +BC Budges (particularly the second and third most recently
    elected Bustice of the ;eace, former ?CD< Criminal Division prosecutors, Clifton and ;earson'
    have Aeen particularly 5een to inform Coughlin that he Qis an attorneyY and therefore Qe1pected to
    5noC the rulesY and folloC other +ules of ;rofessional Conduct and duties attendant to Aeing an atX
    torney, even Chere Coughlin is functioning as no more than a self representing criminal defendant in
    the various retaliatory prosecutions he has faced for pointing out the ine3uities attendant to the manX
    ner in Chich landlord tenant laC is currently applied in ?ashoe County and other civil rights violaX
    tions Ay local laC enforcement) $f course, that did not stop ?CD< DD< ?atts2-ial from assertX
    ing, in a strategically last minute, fa1ed, oAEection to Coughlin4s "%!3%!"# *C+ ""% *uApoenas and
    *uApoena Duces /ecums (?atts2-ial alleged that N+C; 4.4s re3uirement that such suApoenas
    either Ae issued Ay a court or a Qlicensed attorneyY made those suApoenas issued Ay Coughlin (per
    the e1press permission to so issue his oCn suApoenas communicated to Coughlin on "%!".!"# Ay the
    *BN, in line Cith NNDB4s Chairman *usich4s 7!#7!"# Critten communication to Coughlin that such
    *C+ "%.(4' in3uiries and matter Ae made to the *BN, and not he, the NNDB Chairman, and that the
    *BN $BC possessed the poCer and authority to so communicate such *C+ "%.(4' matters to
    Coughlin' he had served Ay an appropriate non2party on #BDC Cler5 of Court 8astings and the
    #BDC Custodian of +ecords, that, due to Couglhin4s Aeing Qsuspended from the practice of laCY (as
    for Couglin not Aeing an QattorneyY given the temporary suspension of his laC license in the *tate of
    Nevada per %&3&, that is not the case as far as the :*;/$ is concerned, and there is authority to
    support the contention that a suspended attorney is still an attorney anyCays, though, and there is an
    - 78-
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    2
    entire <6+ pointing out the fact that the suspension of one4s laC license Ay a *tate Bar does not neX
    cessarily preclude an attorney from appearing Aefore 0ederal Courts, such as the N-B, or the
    :*;/$, etc))), and Chere N-B Budge Beesley4s testifying that a mitigating factor in *tephen +) 8arX
    ris, (s3)4s disciplinary matter e1ists Chere 9r) 8arris is one of the feC Chapter "" Aan5ruptcy attorX
    ney4s in toCn, the District of Nevada4s participation (amongst "4 other selected federal courts' in a
    ;atent 6itigation ;ilot ;rogram, comAined Cith Coughlin4s license to practice patent laC Aefore the
    :*;/$, presents a similar mitigating factor in Coughlin4s case, though ;anel Chair (cheverria
    roundly reEected Coughlin4s right to put on such evidence at the ""!"4!"# hearing, for some
    reason)))')
    Gern4s misconduct resulted in profound damage to Coughlin4s professional reputation and,
    may potentiallly lead to Coughlin Aeing disAarred considering the testimony of N-B Budge Beesley
    at the ""!"4!"# 0ormal Disciplinary 8earing regarding Coughlin4s appearance Aefore him in the
    N-B on 3!".!"# shortly after the ?C*$ Deputies Aro5e into Coughlin4s former home laC office at
    "4## () 9
    th
    *t) ]#, Cith guns draCn, handcuffing Coughlin, after failing to identify themselves as
    laC enforcement and Aarely 5noc5ing Aefore entering the Auilding) /he ?C*$ Deputies alloCed
    Couglhin a scant feC minutes to graA a feC personal items (Coughlin chose to use the time to graA
    his hard drives and client4s files, resulting in his not having a tie to go Cith the suit Eac5et, shirt, and
    dress slac5s and shoes that he Core Chile appearing Aefore Budge Beesley less than 3% minutes after
    the Deputies made Coughlin leave not only his former home laC office (refusing to alloC him to
    graA even his medications or eye glasses!contacts', Aut Chere they also threatened to arrest Coughlin
    for QdistruAing the peaceY or QtrespassingY or QoAstructionY Chere Coughlin Cas as5ing them 3uesX
    tions related to the procedures under Chich they Cere carrying out the 6oc5out $rder, Cith the
    Deputies then threatening to move the personalty Coughlin had ferried out of the Auilding to the outX
    side of the Auilding in front of his car bac, into the building) /he Deputies failed to folloC through
    on that threat, Aut Coughlin Cas forced to hurriedly gather up that property under their menacing
    glares and threats of aAuse of process Chile a cac5ling ?estern Nevada 9anagement4s *ue Ging and
    Bared *calise Catched on, soon to move in to the Auilding and, as Gern4s 4!9!"# $pposition notes,
    immediately Aegin the process of having all of Coughlin4s property rec5lessly moved into a storage
    unit that day and the ne1t)
    Gern4s 4!9!"# $pposition itself clearly violates +;C 3)" Chere it alleges Coughlin no
    more than Qa s3uatterY Cith no right to possession of the rental, even Chere Gern4s oCn client, ;ar5
    /errace /oCnhomes 8$<, through a *ecretary of the 8$< Board, appearing Cith ?N94s Ging
    (Chom Cas QalloCedY to practice laC Cithout a license at a #!#3!"# hearing Aefore Budge *ferraIIa
    held in response to Coughlin4s filing, on #!"%!"# -erified Complaint for 7llegal 6oc5out and or 7nterX
    ruption of (ssential *ervices (N- (nergy, <llaAac5, 0oreshee, Gern, and ?N94s Ging all conspired
    to one degree or another to deprive Coughlin of electricity to the Auilding for over 7 days in 0eAruary
    #%"# (see attached emails AetCeen Coughlin, N- (nergy4s +on Bones, ?N94s Ging, and 8$< attorX
    ney Gern') <t the #!#3!"# hearing, Gern4s client admitted, under oath, that the individuals Chom
    placed an advertisement on Craigslist to Chich Coughlin responded on "#!#7!"" for a room for rent
    Cith shared area privileges for H#%% per month, Cere laCfully occupying the Auilding at "4## () 9
    th
    *t) ]#, perhaps even under some Cor5 in e1change for occupancy!loCer insurance premiums arrangeX
    ment Cith the Alessing of the 8$< upon ?N94s then <ssistant 9anager +oAyn Batalado Aringing
    such a proposed arrangement Aefore the 8$< Board) 8oC Gern can then, on 4!9!%9, in her $pposiX
    tion, not violate +;C 3)" Chere she alleges Coughlin Qno more than a s3uatterY is not clear, espeX
    cially Chere ?N94s Ging and the 8$< Board4s *ecretary failed to oppose Coughlin4s sCorn contenX
    - 79-
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    2
    tion that <llaAac5 and 0oreshee rented him the room Cith shared area privileges on "#!#7!"", under
    periodic monthly tenancy) <s such, the #!"3!"# . Day :nlaCful Detainer No Cause /ermination NoX
    tice Ging had posted to Coughlin4s door is deficient Chere is relies upon a contention that Coughlin4s
    Cas an at Cill tenancy) 0urther, such a Critten admission is counter to Gern4s 4!9!"# contentions in
    her $pposition that Coughlin had no legal right to ever possess any part of the structure at "4## ()
    9
    th
    *t) ]#)
    CONCL+SION
    B<*(D :;$N /8( 0$+(@$7N@ /8( :ND(+*7@N(D +(*;(C/0:66> +(J:(*/* /8</ /87* C$:+/ @+<N/ /8(
    +(67(0 *$:@8/ 7N /8( /7/6( $0 /87* D$C:9(N/ <ND <N> $/8(+ +(67(0 /87* C$:+/ D((9* B:*/)
    (88I-M(TION P+-S+(NT TO N-S 301*,404
    /8( :ND(+*7@N(D D$(* 8(+(B> <007+9 /8</ /8( ;+(C(D7N@ D$C:9(N/ D$(* N$/ C$N/<7N /8( *$C7<6
    *(C:+7/> N:9B(+ $0 <N> ;(+*$N)
    D</(D: 4!#.!"3
    !*! Zach Coughlin[[[[[[[[
    Zach Coughlin, Defendant
    - 80-
    1
    2
    P-OO8 O8 SE-;ICE
    ;ursuant to N+C; .(A', 7 certify that 7 served a copy of the foregoing document upon the folX
    loCing party Ay fa1ing, emailing, dropping if at their office, and placing a true and correct copy of
    the foregoing document in the us mail addressed to:
    Chief Daniel ?ong, (s)3
    Brian *ooudi (s3)
    $ne (ast 0irst *treet, 3rd 0loor
    0a1 numAer: 77.233424##
    dCong`reno)gov, Asooudi`reno)gov
    +eno City <ttorney4s $ffice 2 Criminal Divison
    ;)$) B$U "9%% +(N$ , N- &9.%.
    /(6: 77.23342#%.% 0<U: 77.23342#4#%
    <//$+N(> 0$+ C7/> $0 +(N$ 77. 334 3&#4
    +(N$ 9:N7C7;<6 C$:+/ 076(D B> 0<U /$ :
    D</( /87* 4!#.!"3
    !*! Z<C8 C$:@867N
    Zach Coughlin, Defendant
    C7/> $0 +(N$=
    ;6<7N/700,
    vs)
    Z<C8 C$:@867N=
    D(0(ND<N/)
    '
    '
    '
    '
    '
    '
    '
    '
    '
    '
    '
    Case No: "3 C+ 39"3, and "3 C+ 39"4
    Dept No: "
    MOTION TO H+(SC SE-;ICEL MOTION TO <ISMISS, MOTION 8O- CONTIN+(NCE
    O8 (--(I.NMENT, MOTION TO COMPEL POLICE -EPO-TSL Motion to Set (side
    - 81-
    1
    2
    8inding of Pro#a#e Cause, Notice of Interocutory (ppea as to 8inding of Pro#a#e CauseL
    Motion to ;acate Notice Setting Cearing, Motion for Continuance Shoud Tria date of 72302/0
    Not #e ;acated, Notice of Non%Ser)ice of Notice Setting CearingL Motion to Proceed In 8orma
    Pauperis and <ecaration of 8inancia Condition in Support Thereof and Motion for (ttorney's
    8ees to #e Sef -epresenting CounseL Motion to <is>uaify -MC and -eno City (ttorney's
    Office, Notice of N-S /E?,547 mandatory stay in ight of suspension of Tria in // T- 3B?44
    C$9(* N$?, Defendant, Zach Coughlin, Ay and through himself and files the aAove title
    document on his oCn Aehalf) 7, Zach Couglin declare the various releif sought herein is not
    re3uested for purposes of delay and that there is a good faith Aasis for so see5ing, and that 7 Aelieve
    the +9C, as a Chole, and +C<, as a Chole, should Ae dis3ualified from prosecuting me on the Aasis
    of there Aeing a conflict and Aias and pending litigation in #337 and N@"#2%434, %43. (+;C 4)#
    Aecomes a proAlem as Cell' that calls for such action)
    8(CTS, L(@ (N< (-.+MENT
    "
    B) ?or5place -iolence
    ") LK#%)4M Chec5list: 7ssuing /emporary +estraining $rder
    #) LK#%).M Chec5list: Conducting 8earing on and 7ssuing 7nEunction
    C) /emporary +estraining $rder and 7nEunction ;rohiAiting ?or5place -iolence (CC; K.#7)&'
    ") LK#%)3"M ?ho 9ay *ee5 +elief
    #) LK#%)3#M ;otential +espondents
    3) LK#%)33M :nlaCful -iolence and CrediAle /hreat of -iolence Defined
    4) LK#%)34M 7ssuance of /emporary +estraining $rder
    .) *uAse3uent 8earing
    a) LK#%)3.M /ime for 8earing
    A) LK#%)3M *ervice on +espondent
    c) LK#%)37M +espondentRs +esponse
    d) LK#%)3&M Continuance
    e) LK#%)39M +eissuance of /emporary +estraining $rder
    f) LK#%)4%M (vidence
    ) 7ssuance of 7nEunction
    a) LK#%)4"M 0indings
    - 82-
    1
    2
    A) LK#%)4#M Duration of 7nEunction
    c) LK#%)43M 9odification or /ermination of 7nEunction
    d) LK#%)44M +eneCal of 7nEunction
    e) LK#%)4.M ;ersons Covered
    7) LK#%)4M /ransmission of $rder to 6aC (nforcement <gencies
    &) LK#%)47M -iolation of 7nEunction
    9) LK#%)4&M *tatuteRs (ffect on $ther +emedies
    TCE L(@ P-OCI*ITS TCIS CO+-T 8-OM +SIN. ( CI;IL C(-(SSMENT S+IT TO
    -ESOL;E ( P-OPE-TY <ISP+TE
    Code of Civil ;rocedure K.#7), the harassment statute, serves a very limited purpose) 7t Cas
    enacted only to supplement e1isting invasion of privacy and intentional infliction of emotional
    distress laC Chere the victim is threatened Cith Qgreat and irreparaAle inEury)Y NeAel v) *ul5, 73
    Cal)<pp)4th "33, "39 ("999') 7t Cas not intended to supplant the normal procedures for oAtaining
    inEunctions against non2harassing, alAeit otherCise actionaAle, conduct, such as defamation or
    interference Cith prospective advantage) Byers v) Cathcart, .7 Cal)<pp)4th &%., &""2"# ("997') 7t
    Cas designed solely to prevent severe emotional distress=it !as not designed to foresta economic
    osses or protect property interests) 9ar3ueI26u3ue v) 9ar3ueI, "9# Cal)<pp)3d "."3, "."7
    ("9&7') Nor, Aecause it lac5s the opportunity for full research and pleading, Cas it designed as a
    forum for resolving comple1, disputed legal issues) Byers, .7 Cal)<pp)4th at &%&)
    Consistent Cith this narroC purpose, inEunctions prohiAiting harassment pursuant to K.#7) may
    Ae issued in only very limited circumstances:
    V 7n order to oAtain an inEunction, the plaintiff must prove Ay clear and convincing evidencethat
    unlaCful harassment e1ists) Code of Civil ;roc) K.#7)(d') NeAel, 73 Cal)<pp)4th at "37%
    (emphasiIing the need for QsuAstantial evidenceY of harassment'= *child v) +uAin, #3# Cal)<pp)3d
    7.., 7" ("99"' (same'= Compare Code of Civil ;roc) K.#7)(c' (re3uiring only a shoCing of
    QreasonaAle proof of harassmentY')
    V Q8arassmentY is defined as QunlaCful violence, a crediAle threat of violence, or a 5noCing and
    Cillful course of conduct directed at a specific person that seriously alarms, annoys or harasses the
    person, and serves no legitimate purpose)Y Code of Civil ;roc) K.#7)(A' (emphasis added') 7f the
    conduct serves a legitimate purpose, it cannot Ae the Aasis for this type of inEunction regardless of
    hoC annoying or harassing it might Ae) Byers, .7 Cal)<pp)4th at &"# (holding that Qlegitimacy of
    purpose negates harassmentY'= *child, #3# Cal)<pp)3d at 7#) /his is true even if the conduct may Ae
    enEoined folloCing the full development of the facts and laC in another legal proceeding in Chich
    purpose is not a relevant consideration) Byers, .7 Cal)<pp)4th at &"#)
    V /he course of conduct must Ae Qdirected at a specific person,Y must seriously alarm, harass or
    annoy that person, and must actually cause suAstantial emotional distress Qto the plaintiff)Y Code of
    Civil ;roc) K.#7)(A') /hus it is clear that the course of conduct must Ae directed at the
    plaintiff) *child, #3# Cal)<pp)3d at 7#) *ee also Diamond -ieC 6td) v) 8erI, "&% Cal)<pp)3d "#,
    "&2"9 ("9&' (holding that the purpose of K.#7) Cas to provide a remedy to a specific individual
    Cho Cas himself harassed') /his individual must Ae the recipient of harassing communications, not
    merely the suAEect of them) Code of Civil ;roc) K.#7)(A'(3' (defining Qcourse of conductY as
    specific communications Qto an individualY') <nd that specific person, not someone else, must suffer
    suAstantial emotional distress) *child, #3# Cal)<pp)3d at 7#)"
    V 9oreover, the Qcourse of conductY must ("' Ae such as Could cause a reasonaAle person to
    suffersubstantial emotional distress, and (#' actually causesubstantial emotional distress to the
    - 83-
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    2
    plaintiff) Code of Civil ;roc) K.#7)(A') /his re3uirement is demanding) 7t is not enough to
    demonstrate mere discomfort or annoyance) +ather the plaintiff must prove that the emotional impact
    of the course of conduct Cas such that no reasonaAle person could Ae e1pected to endure it) *child,
    #3# Cal)<pp)3d at 7#23) <nd the plaintiff must prove that he in fact did not endure it) 7ndeed, a
    court may re3uire the plaintiff to suAmit medical or psychological evidence to prove that he actually
    suffered suAstantial emotional distress) 7d)
    V /he Areadth of an actionaAle Qcourse of conductY is e1pressly and suAstantially limited Ay the
    statute) Code of Civ) ;roc) K.#7)(A'(3') 9ost significantly, a course of conduct may not incude
    any constitutionay protected acti)ity) Code of Civil ;roc) K.#7)(A'(3'= NeAel, 73 Cal)<pp)4th at
    "37%=Byers, .7 Cal)<pp)4th at &%9= 6eydon v) <le1ander, #"# Cal)<pp)3d ",. ("9&9'= *chraer v)
    Ber5eley ;roperty $CnersR <ssoc), #%7 Cal)<pp)3d 7"9, 7#3 ("9&9') *mith v) *ilvey, "49
    Cal)<pp)3d 4%%, 4%.2%7 ("9&3') (his limitation is essential- .ithout it the statute would be patently
    unconstitutional) *ee *mith, "49 Cal)<pp)3d at 4%7)# /he statute cannot apply even if the conduct
    Cas intended to harass and annoy and causes the victim to suffer actual emotional distress)7d) at 4%)
    7f the goal of the ;laintiff is to stop puAlic speech, or access to government,
    an anti2*6<;; motion can Ae used)
    ;uthu55eril v) <llen 2 C8 appeal
    N+* 33)#&%(#' declares that a court may not issue a /emporary or (1tended $rder for
    ;rotection <gainst 8arassment in the ?or5place that is against more than one person) <rguaAly,
    +;D Detective and +9C Budge ?) @ardner4s interpretation of the language in Aoth the /;$ and the
    (;$ Chich purport to limit Coughlin4s aAility to have a filing, suApoena, or some other legal
    document served or delivered to or on the *BN or its Cler5 of Court in any manner other than
    through the Q:nited *tates 9ailY is violative of such a statutory prohiAition Chere such a restriction
    in those ;rotection $rders essentially amounts to the orders Aeing Qagainst more than one personY)
    m) QDe 0actoY (victions, /erminations, and (1pulsions By far, the most common, and serious,
    complaint from <dverse ;arties is that the <pplicant Cas aAle to oAtain an e1 parte protection order
    that had a devastating effect on the <dverse ;artyRs personal life) (1amples in this respect include the
    folloCing: ("' 7n a dispute AetCeen tCo students, the <pplicant oAtained a protection order Chich
    prohiAits the <dverse ;arty from attending his oCn school)#. (#' 7n a dispute AetCeen coCor5ers,
    the <pplicant oAtained a protection order Chich prohiAited the <dverse ;arty from going to his oCn
    place of employment)# (3' 7n a dispute AetCeen an e12Cife and the e12husAandRs neC girlfriend,
    the e12Cife oAtained an order Chich prohiAited the <dverse ;arty (the neC girlfriend' from going to
    the home Chere the children live Cith the e12husAand and the <dverse ;arty)#7 /he <$C /;$
    0orms Committee is aCare of this general proAlem Cith NevadaRs /;$ forms and is already Cor5ing
    on modified forms Chich re3uire the <pplicant to ansCer affirmative 3uestions aAout Chether a
    protection order Could cause these types of horrific outcomes for the <dverse ;arty)#&#. < related
    fact pattern involved an <dverse ;arty teacher Cho Cas prohiAited from attending his oCn school
    merely Aecause the child of the <pplicant attended the same school Aut had a different teacher) 7n his
    9otion to Dissolve the /;$, the teacher Crote that QAeing out of Cor5 for 3% days Cithout pay Cill
    put me on the verge of financial ruin and Aan5ruptcy)Y /he teacher argued persuasively that his right
    to earn a living Cas a protected liAerty interest, and that N+* #%%).7.('(g'(3' is meant to protect
    QLtMhe activities of a person that are carried out in the normal course of his or her laCful
    employment)Y # /his fact pattern occurred on repeated occasions) $ne <dverse ;arty indicated that
    he Cas given the choice of either using earned personal leave or ta5ing leave Cithout pay) <nother
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    <dverse ;arty Cas given a specific date Ay his employer (a hotel!casino' to either have the protection
    order rescinded or modified, or else he Could Ae terminated) #7 $ne <dverse ;arty in this situation
    decried the /;$ as creating an QimpossiAle Aurden)Y
    #& Juestions to Ae added include the folloCing: <re you and the <dverse ;arty currently employed
    in the same location F Does the <dverse ;arty oCn or lease any of the locations listed aAoveF Does
    the <dverse ;arty Cor5 at or attend any of the schools listed aAoveF Does the <dverse ;arty live at
    any of the aAove locationsF
    0urther, +BC Bailiff (nglish4s purported Q;+$$0 $0 *(+-7C( :;$N <D-(+*( ;<+/>Y
    fails to satisfy the N+C; 4 re3uirements in that it fails to that that (nglish is Qover "& years of ageY
    and fails to indicate that he is a 4non2patyY) ?homsoever may thin5 that Ae an ultra technical
    approach might revieC Budge (lliott4s and <dam4s Cor5 in disposing of Coughlin4s laCsuits against
    ?ashoe 6egal *ervices in C-""2%"&9, and against ?ashoe 6egal *ervices, C<<?, and /?* in
    C-""2%"9.., referencing @arin4s citation to Qactual service does not e1cuse the failure to technically
    comply Cith service rulesY approach) <t least Coughlin Cas not having court staff, 9arshals, and
    Bailiff4s EaAAing there forearms into ?6*4s (lcano4s aAdomen and thrusting this or that document
    attempted served into his face, inside the courthouse, Chile he Cas at the courthouse to attend court,
    in a matter suAstantially connected to the suAEect matter from Chich the document purported to Ae
    then served stemmed)
    0urther, +eyes <ffidavit in the companion ?ashoe County v Coughlin ?or5place 8arassment
    /;$!(;$ Cas filed free standing, lac5ing any specific indication as to Chat it Cas +eyes Cas
    purpoting to serve Coughlin Chile doing his forearm shiver routine, and Coughlin4s indicating, at the
    time, on "#!"9!"# to +eyes, that it might Ae a Ait untoCard for a ?ashoe County employee (ie, +eyes,
    ie, not a non2party' to Ae purporting to serve Coughlin the /;$ Aaring the caption Q?ashoe County v
    Zach CoughlinY, especially Chere Couglhin had filed a denied /;$ <pplciation against +eyes
    himself in 0eAruary #%"# incident to +eyes menacingly stating to a seated Couglin (seated right ne1t
    to the very ?C;D Bim 6eslie, on $ctoAer 9
    th
    , #%"#, Chom signed the declaration in that ?ashoe
    County v Couglin 4institutional protection orderY in +BC +C;"#2.99' that he Could Qput my Aoot up
    your assY if Coughlin continued to 3uery 6eslie as to Chy he Cas so oAviously attempting to torpedo
    the defense of Coughlin4s case (and hoC odd that the QChief Deputy ;uAlic DefenderY, 6eslie, Could
    all the sudden Ae assigned to three different misdemeanor cases maintained against Couglhin Ay
    ?CD< DD< Zachary Norman >oung, (s3)))especially considering hoC clueless 6eslie Cas as to the
    criminal laC and procedure as it relates to misdemeanors, versus the felonies that Bim 6eslie regularly
    handles for the ?C;D)
    7nterestingly, spea5ing of retaliation, every time Coughlin has sent a Critten complaint of
    some 5ind to local QlaC enforcementY entities or figures, he has Aeen retaliated against 3uic5ly and
    severly) Couglin sends the +;D a Critten complaint aAout $fficer Duralde4s fraudulent conduct
    during the &!#%!"" arrest in %334" on 9!7!"" and he is arrest in +9C "" C+ ##"7 tCo days later, in
    violation of N+* "7")"#.., Chere his *i1th <mendment +ight to Counsel Cas denied, and Chere the
    failure to grant a continuance Chere 8ill Cas applying an unlaCful rent distraint pursuant to N+*
    ""&<).#% to e1cuplatory materials presented clearly reversiAle error Cere such oAviously greatly
    preEudiced Coughlin4s defense therein)
    /he very email Ging and 6eslie purport Coughlin to have sent them and others (all at the
    same time' on "#!"#!"# is also addressed to the email address the *BN holds out to the puAlic as that
    avaiAle for suAmitting grievances against attorneys (8ill4s "!"#!"# grievanace against Coughlin Cas
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    email directly to Ging, on the very same day that 8ill oAtained in a scant 4% minutes a /;$ against
    Coughlin Chile Coughlin Cas simultaneously Aeing suAEect to a custodial arrest for EayCal5ing
    (though the +;D Could not indicate Chy Coughlin Cas Aeing arrested for hours' incident to 8ill
    calling 9"" and lying to $fficer 8ollingsCorth, (as capture in the videos Coughlin too5 at the time
    and transcriAed and provided to the *BN4s Ging, Chom, amaIingly, somehoC still managed to
    include in his &!#3!"# Complaint, essentially, verAatim, the lies 8ill Cas alleging to the +;D that day
    that purportedly resulted in his arrest) /he ;anel refused to even consider, much less admit such
    videos) Ging4s &!#3!"# Complaint, hoCever, in an effort to distance itself from the taCdry, tac5y
    veneer applied Chere NNDB 8ill4s name Could Ae attached, in one Cay or another, to each and every
    allegation in the Complaint, fails to include any specifics Chere it apparently is referencing the events
    of "!"#!"#, as such Complaint does not include the case numAer for the eviction (Coughlin Cas
    evicted Ay the +BC a record "# times AetCeen ""!"!"" and "%!#!"#, to go along Cith the ". custodial
    arrests he has Aeen suAEect to since &!#"!"")))though Coughlin hasn4t filed a single laCsuit against the
    +;D, the ?C*$, +*7C, +BC, +9C, etc), etc)')
    7nterstingly, +BC Budge Clifton refused to alloC Coughlin, an attorney, QauthoriIed to
    practiceY in the +BC Chere representing himself (as he Cas forced to due to the malevolence and
    incompetence of Biray Dogan and Bim 6eslie' in +C+"#2%.3%, to issue his oCn suApoenas, Aut on
    top of that, sua sponte, entered an illegal order re3uiring Coughlin to oAtain Budge Clifton4s
    permission for any suApoenas he Cished to utiliIe) <mongst those Cere suApoenas on the +;D and
    (C$99 for the recording of 8ill4s calls to dispatch on "!"#!"# (and ""!"3!""', the dates of the tCo
    custodial arrest that Cere effect upon Couglin Ay the +;D incident to dispatch or 9"" calls Ay 8ill)
    @iven the Complaint in that prosecution in %.3% alleged Coughlin QoAstructed a puAlic officerY (it
    Cas originally a gross misdemeanor Qmisuse of 9"" system of emergency communications charge,
    hence, the re3uirement that Dogan appear at the #!"4!"# arraignment Chere Couglhin Cas arrest on
    "!"#!"#, Aailed out late that day, and received an engagement letter from the ?C;D announcing
    Dogan Cas his attorney of record on appro1imately "!#&!"#, and on #!!"# received another letter
    from ?C;D Chris 0ortier confirming this, and met Cith Dogan on #!&!"# for over 9% minutes
    Cherein it Cas agreed Dogan Could enter a not guilty plea for Coughlin at the #!"4!"#
    arraignment)))only proAlem is, Dogan failed to appear, and a Carrant Cas actually issued for
    Coughlin4s arrest, Aut Coughlin4s ta5ing the initiative to 3uic5ly attend another arragnment calendar
    and file a #!#"!"# (actually fa1ed to the +BC on #!"7!"#)))Chich goes to the fact that the +BC,
    including +oAAin Ba5er of the criminal Division (Chom appeared to start crying on ""!#7!"# or so
    Chen Coughlin confronted her aAout the fact that she had previously indicated she specifically
    rememAered dics Aeing attached to those filings Coughlin suAmitt in %334" and %.3% on
    ""!".!"#, only to suddenly appear to Ae forced to change her story Ay the +BC poCers that Ae, Chich
    appeared to ma5e her so uncomfortaAle that she started to cry)))also civil division Cler5 Christine
    (ric5son (Chom regularly refuse to file tenant4s affidavits presented Ay poor people Chom too5 the
    Aus or Cal5ed a long Cay to present their /enant4s <nsCer for filing to the +BC, Chere (ric5son,
    incorrectly, indicates to such tenants that they are re3uired to Qattach a copy of the noticeY that Cas
    posted on there door or served on them, as a re3uirement of having their /enant4s <nsCer accepted
    for filing)))Chich is e1actly Chat she said to Coughlin Cay Aac5 in *eptemAer #%"" in "49# and "7%&,
    and it Cas Coughlin4s insouciance in merely pointing out the departure from the laC in that regard
    that apparently has resulted in such a reliatory animus Aeing applied to him Ay some, not all in the
    +BC'))))*o, somehoC, Budge Clifton ruled Couglin could not suApoena from (C$99 the recordings
    of 8il4s calls to the +;D!Dispatch!(comm on "!"#!"# and those AetCeen the +;D and (C$99
    connected thereto, even Chere the prosecution focused on Coughlin4s alleged Qmisuse of 9""Y at a
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    2
    payphone outside of ;arr Bail upon Couglin posting Aail for the custodial EayCal5ing arrest charge
    premised upon 8ill4s lies to the +;D that very day)))immediately after Aeing released at around "%:3%
    pm on "!"#!"# (Chere the temperature, even Cithout Cindchill Aeing accounted for, and its Cas
    e1ceedingly Cindy' Cas #% degrees, and the last Aus for the night had left, and Couglin residence Cas
    4 miles aCay')
    7n the magnificent faAric of connections Ceaved throughout this ordeal, it Cas that very
    prosecution in %.3%, that spaCned Coughlin4s #!#"!"# filed QNotice of <ppearance, 9otion to
    Dismiss, ?aiver of +ight to <rraignment, ;lea of Not @uiltyY that +BC Budicial *ecretary 6ori
    /oCnsend voluntarily sent to the *BN on 4!""!"#, along Cith the doc5ets in that case and in %334"
    (funny, the *creening ;anel Cas on 4!"%!"#, right 9r) Ging)))Cell, it Cas Qaround that timeY
    according to *usich in %97.')))in retaliation for Coughlin pointing out Dogan4s failure to appear
    Chere his presence Cas re3uired under Nevada laC, at an arraignment on a gross misdemeanor
    charge, especially Chere the ?C;D holds this out to the puAlic:
    httpD22!!!,!ashoecounty,us2defender2feonycase/,htm Q(rraignmentD
    $nce you are arrested, you Cill have an initial arraignment hearing Cithin 4& hours) >ou Cill Ae
    read the charges against you and have the opportunity to enter a plea) >ou can re3uest a ;uAlic
    Defender at this time) &ourt Services will ma,e the determination of your indigency- 'nce you are
    appointed to the .ashoe &ounty "ublic /efender0s 'ffice, it can ta,e 1234 days for the paperwor, to
    be processed- %ou will receive a letter from us notifying you of your /eputy "ublic /efender and
    contact information- "lease be assured, if you are appointed a "ublic /efender, you .5$$ have
    representation for your hearing - Q
    N+*Z"7&)397ZZ<ssignment of counsel)ZZ(very defendant accused of a gross misdemeanor or
    felony Cho is financially unaAle to oAtain counsel is entitled to have counsel assigned to represent
    the defendant at every stage of the proceedings from the defendantJs initial appearance before a
    magistrate or the court through appeal, unless the defendant Caives such appointment)
    Couglin has not Aeen provided any counsel in any of his appeals (C+"#2#%#., C+"#
    4!"!"3 <ppeal from Bustice4s Court B:*/7C( C$:+/ C+797N<6 <;;(<6
    ;+$C((D7N@* (*C<NN(D 79<@( +(06(C/* 9<NN(+ 7N ?87C8 D$C:9(N/ ?<*
    +(C(7-(D 2 4!"7!"3 P 7)06$+(*' C+"32%"4 2 Z<C8<+> B<+G(+ C$:@867N -*) */) $0
    N-) (D"%') #BDC Chief Budge 8ardy denied Couglin4s 70; re3uest to Ae afforded (fle1 access to
    even see Chat the +$< the +BC filed contains, Chere DD< >oung, and (filer Cith (fle1, Cas
    provided access immediately on 4!"!"3, and the +BC failed to provide Couglhin a copy of the
    +$<)))much as Cas the case incident to the +$< of "#!!"# Aeing filed in C+"#2#%#.)
    /hat is fitting though, as in Aoth trial court matters in those appeals, Budges *ferraIIa and
    Clifton violated the folloCing as Cell, Cith their Cilling accomplice, DD< >oung:
    N-SJ/E?,015ZZNo person to #e compeed to #e !itness against himsef or hersef in crimina
    action, or to #e unnecessariy restrained,ZZNo person can Ae compelled, in a criminal action, to Ae
    a Citness against himself or herself, nor shall a person charged Cith a puAlic offense Ae suAEected,
    Aefore conviction, to any more restraint than is necessary for the personRs detention to ansCer the
    charge)
    <s to the agreement Couglin had Cith Dogan that he Could enter a not guilty plea for Couglin
    on #!"4!"#:
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    N-SJ/E?,0??ZZPresence of defendant,,,3)ZZ7n prosecutions for offenses punishaAle Ay fine or Ay
    imprisonment for not more than " year, or Aoth, the court, Cith the Critten consent of the defendant,
    may permit arraignment, pea, tria and imposition of sentence in the defendantJs absence, if the
    court determines that the defendant Cas fully aCare of the applicaAle constitutional rights Chen the
    defendant gave consent)
    <lso, Couglin cannot even ris5 going to his former classmates
    /hen there is the ine3uity attendant to Couglin Aeing summarily removed from the 9ental
    8ealth Court in 98"#2%%3# on .!"7!"# Ay Budge ;eter Breen, for reasons that are not even all that
    clear (?C*$4s $fficer Cere 3uic5 to interrogate Couglin after the hearing as to Chether he recorded
    it or had any recording devices', though the gist of Budge Breen4s sua sponte, summary removal of
    Coughlin from the 98C Cas that Coughlin in3uired as to hoC it could Ae Eust for the 98C to hold
    out a contract to participants along Cith statements Ay it, NN<89*, and the ?C;D, resulting in
    Couglin entering that contract Cith the e1press agreement that he Cas alloCed to ta5e a certain
    medication for <D8D!9DD!/reatment +esistant Depression (Couglhin has never Aeen suidical and
    if he is to die anytime soon, it Cas murder, regardless of any attempts anyone may underta5e to ma5e
    it loo5 li5e suicide in their Aloodlust pursuit of retaliation and continuing to maintain an atomosphere
    Chere local memAers of laC enforcement are free to arrest attorneys for any reason Chatsoever, and
    Chere Budges are seemingly aAle to have attorneys summarily disAarred for the most vague,
    unsupportaAle, unverified, accusations premised upon douAle unattriAuted hearsay that the Eudge
    thin5s QproAaAlyY occurred, uh, QAy clear and convincing evidenceY)
    httpD22!!!,!ashoecounty,us2defender2mhcgeninfo,htm Chich includes the folloCing: QN$
    alcohol N$ narcotic pain medication N$ opiates N$ methadone N$ AenIodiaIepines N$ products
    containing *udafed N$N(_ ((ven Cith a prescription'Y is consistent Cith the contract and
    supporting materials the ?C;D and 98C provided to Coughlin prior to his signing the contract on
    .!9!"#)))one does not find any stimulant class medication used for <D8D!9DD!/reatment +esistant
    Depression therein, yet the 98C4s Biondo, and Dollarhide decided that they Could unilaterally
    amend the material terms of such contract, Cith Budge Breen co2signing such an approach, aAsent any
    notice or opportunity to Ae heard Chatsoever provided to Couglin prior to his removal from the 98C
    and remand to the +BC and +9C to stand trial in the criminal trespass case in the +9C, petty larcey!
    receiving stolen property case (%334", as though *hepp v) *tate never happened' in the +BC, and the
    9"" case amended QdoCnY to an *C+ """(' invo5ing (perhaps' N+* "99)#&% QoAstructing a puAlic
    officerY charge)))*o, Coughlin got to devote an entire Cee5 to Eumping through 98C inta5e hoops,
    then gets Aooted out of the 98C on .!"7!"# (so much for QCe4ll get you an apartment and pay for it
    and your medications and psychiatrist and counseling appointments too_Y as the 9C8 tells everyone,
    including Coughlin4s puIIled family', then Couglin is Crongfully arrested on !#&!"# in +BC rcr"#2
    %79&% Chile Aeing Crongfully evicted in +BC +ev"#2"%4& Chere NorthCinds <partments 9ilan
    GreAs, Duane Ba5oA, Nevada Court *ervices, and ?ashoe County *heriff4s $ffice Deputies Bohn
    9achen and Deputy @omeI conspired to charge Couglin Cith QoAstructing a puAlic officerY (Cell,
    9achen actually list the N+* "97 Qresisting an officerY charge intially, Aut DD< >oung Cas ordered
    to leverage the placement of N+* "99)#&% Cithin the Q<dministration of BusticeY chapter in N+* in
    light of N+* """(')))Chich Could have Aeen fine had such leverage resulted in Couglhin accepting
    the plea Aargain of tCo disturAing the peace charges and dismiss %79&% (the +BC and ?ashoe
    County Cere alCays going to dismiss that one given the +BC4s complicity!error incident to the
    (viction $rder of !#&!"# Aeing premised upon the fraudulent declaration of service on !"4!"# of a .
    day notice that instructed Couglin to file his /enant4s <nsCer in *par5s Bustice Court, Chich he
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    2
    did)))') <nyCays, Coughlin did accept that plea Aargain disposing of the &!#%!"" petty larceny arrest
    in %334" Cith a disturAing the peace conviction, the "!"#!"# oAstructing a puAlic office charge in
    %.3% Cith another D/; conviction, and the dismissal of the !#&!"# oAstructing a puAlic office
    charge in %79&%) $nly proAlem is that ?C;D Defender Bim 6eslie Eust couldn4t stand there Aeing
    one inviolaAle right of a criminal defendant possessed Ay Couglin that 6eslie had not desecrated as
    fully as he possiAly could)))and, some might say, +BC Budge *ferraIIa Cas a Ait Cilling to go along
    Cith 6eslie4s approach in refusing to accept Coughlin4s plea (Eust Aecause an atmosphere has coercive
    elements to it should not automatically operate to deprive a criminal defendant of their inviolaAle
    right to decide Chether or not to go to trial')
    /he (;$ in %7 is void for Ging and the *BN4s failure to meet a variety of Eurisdictional
    prere3uisites, including the failure to file an (;$ <pplication as re3uired Ay N+* 33)#7%) <s such,
    the alleged violations Ay Couglin in the (;$ Complaint in 39"4 should fail (Aeyond the fact that the
    allged activity, fa1ing a filing (li5ely a post2hearing or post20$0C$6!3uasi2 QDecisionY 9otion' to
    the *BN4s Cler5 of Court Chere *C+ "%.(4', NNDB *usich4s 7!#7!"# email to Coughlin, and *BN
    Cler5 of Court ;eters e1press indications to Couglin on 9!""!"# (Chich Cere never countered or
    disputed, Chether in ;eters "%!9!"# <ffidavit of 6aura ;eters, any of her emails to Coughlin, or any
    statements Ay Ging or the *BN or $BC or NNDB!;anel, though, upon information and Aelief, the
    *BN!$BC4s +ose Cota has admitted that the *BN!$BC has accepted filings Ay fa1 in disciplinary
    matters as Cell) 0urther, Ging and the *BN failed to file the re3uired security:
    ?or5place 8arassment /;$RsS/he *ecurity +e3uirement N+* 33)#7%(#' declares that a
    /emporary $rder for protection against harassment in the Cor5place Qmust not Ae issued Cithout the
    giving of security Ay the employer in an amount determined Ay the court to Ae sufficient to pay for
    such costs and damages as may Ae incurred or suffered Ay the person Cho allegedly committed the
    harassment if the person Cho allegedly committed the harassment is found to have Aeen Crongfully
    enEoined or restrained)Y /he <$C /;$ 0orms Committee set the amount of the security as H"%%)%%
    cash)
    <lso, Ging is not aAle to sign the declaration or verify either a /;$ or (;$ application, it
    must Ae an QofficerY of the *BN)
    $nly in the conte1t of ?or5place /;$Rs is one specific interpretation e1plicit) *ee N+*
    33)#7%(.' (Q< temporary order for protection against harassment in the Cor5place that is granted,
    Cith or Cithout notice, must e1pire not later than ". days after the date on Chich the order is issued) )
    ) )Y') L(mphasis addedM)
    <nti2*6<;; suit against the *BN, ;eters, Ging, and (cheverria)
    over a period of time, hoCever short, evidencing a continuity of purpose) CC; K.#7)(A'("'= see
    $eydon v )le6ander ("9&9' #"# C<3d ", 4, #% C+ #.3 (single incident of harassment is insufficient=
    potential different result in case involving verAal aAuse amounting to crediAle threat of violence') 7t
    includes folloCing or stal5ing an individual, ma5ing harassing telephone calls, or sending harassing
    correspondence Ay any means including mail, fa1, or e2mail) CC; K.#7)(A'("') *ee Bre,,e v .ills
    (#%%.' "#. C<4th "4%%, "4"#P"4"4, #3 C+3d %9 (teenage AoyfriendRs conduct constituted Qcourse
    of conductY against minor girlfriendRs parents= Aoyfriend sent three vitriolic letters to girlfriend
    5noCing her mother Could read them, he had earlier sent letters instructing girlfriend on retaliatory
    measures she could ta5e against her parents for their restrictions on her, and he taunted mother on
    telephone') Constitutionay protected acti)ity is not incuded !ithin the term :course of
    conduct,= CCP P73E,B$#&$/&, 8or e'ampe, fiing a ega action does not constitute harassment
    #ecause an indi)idua has a constitutiona right to petition for redress of grie)ances, See 'yers v
    - 89-
    1
    2
    Cathcart $/11E& 7E C(5th ?47, ?41, BE C-3d 01?L .eydon v Ale;ander, supra, 3/3 C(0d at 7L see
    aso #mith v #ilvey $/1?0& /51 C(0d 544, 54B, /1E C- /7 $respondent coud not #e en6oined
    from initiating compaints a#out petitioner !ith pu#ic agencies&, The course of conduct must
    #y its nature cause a reasona#e person to suffer su#stantia emotiona distress, and must
    actuay cause su#stantia emotiona distress to the petitioner, CCP P73E,B$#&$0&L 'rekke v 4ills,
    supra, /37 C(5th at /5/5Q/5/7)
    0or e1ample, the court may not grant a /+$ and preliminary inEunction under CC; K.#7),
    enEoining a nuisance such as the noise from the use of a Aas5etAall court, Cithout proof that the noise
    caused suAstantial emotional distress to the petitioner) *ee Schild v #ubin ("99"' #3# C<3d 7..,
    7"P7., #&3 C+ .33) /he phrase QsuAstantial emotional distressY is not defined Ay CC; K.#7)) But
    in the analogous conte1t of the tort of intentional infliction of emotional distress, the similar phrase
    Qsevere emotional distressY has Aeen defined to mean highly unpleasant mental suffering or anguish
    Qfrom socially unacceptaAle conduct,Y that entails such intense, enduring, and nontrivial emotional
    distress that Qno reasonaAle LpersonM in a civiliIed society should Ae e1pected to endure it)Y #3#
    C<3d at 7#P73)
    Code of Civil ;rocedure K.#7) is not intended to supplant normal inEunctive procedures applicaAle
    to cases concerning issues other than harassment as defined in the statute) Byers v &athcart, supra, .7
    C<4th at &"") Conduct that is outside the definition of QharassmentY cannot Ae enEoined under the
    summary procedures of CC; K.#7), even if it might ultimately Ae enEoined under normal inEunctive
    procedures after full development of the facts and laC) Byers v &athcart, supra, .7 C<4th at &"#) 0or
    e1ample, Cithout suAstantial evidence of harassing conduct, a court may not use CC; K.#7) to order
    a respondent to stay #. feet aCay from the petitioner Cho Cas conducting Eudgment deAtor
    e1aminations in court) Nebel v Sula, ("999' 73 C<4th "33, "37%, &7 C+#d 3&.)
    *ervice must Ae made in the manner provided Ay laC for personal service of the summons in a
    civil action) Cal +ules of Ct 3)"".#(c')
    B) ?or5place -iolence
    ") LK#%)4M Chec5list: 7ssuing /emporary +estraining $rder
    ("' +evieC the petitionerRs petition and application) /he petitioner must use Budicial Council form
    ?-2"%%) Budges Cho hear these cases should ma5e sure that their courts have Budicial Council form
    ?-2"%%27N0$, 8oC Do 7 @et an $rder /o ;rohiAit ?or5place -iolenceF, availaAle to petitioners)
    /his form, among other things, provides specific instructions for completing the petition) /he
    petitioner must also provide to the court a Budicial Council form C6(/*2%%", Confidential C6(/*
    7nformation) /his form is confidential and private, and does not Aecome part of the puAlic court file)
    *ee Cal +ules of Ct ").")
    (#' Determine that the petitioner is a proper party to see5 relief under CC; K.#7)&) /he petitioner
    must Ae the employer of a person Cho has suffered unlaCful violence or a crediAle threat of violence)
    CC; K.#7)&(a') *ee K#%)3")
    (3' 7f the petitioner is see5ing a temporary restraining order, determine Chether the petitioner has
    shoCn reasonaAle proof that the employee has suffered unlaCful violence or a crediAle threat of
    violence Ay the respondent and that the employee Cill suffer great or irreparaAle harm if the /+$ is
    not granted) CC; K.#7)&(e') *ee K#%)34) /he QunlaCful violenceY must Ae assault, Aattery, or
    stal5ing) /he QcrediAle threat of violenceY must Ae a 5noCing and Cillful statement or course of
    conduct that Could place a reasonaAle person in fear of his or her safety, or the safety or his or her
    immediate family, and that serves no legitimate purpose) CC; K.#7)&(A') *ee K#%)33= see also item
    - 90-
    1
    2
    (7' in K#%).) 7f the conduct aAout Chich the petitioner is complaining does not meet this statutory
    definition, the court may not provide relief, temporary or otherCise)
    (4' 7ssue a /+$ if the petitioner has made the re3uired shoCings) Courts must use the Budicial
    Council form ?-2""%, /emporary +estraining $rder) 7f the petitioner shoCs good cause, the court
    has the discretion to issue a /+$ that includes other named family or household memAers) CC;
    K.#7)&(d')
    (.' *et hearing on the petition for an inEunction) *et the matter for hearing Cithin #" days or, if good
    cause appears, #. days, from the date that the petition for the /+$ is granted or denied) CC;
    K.#7)&(h') 7f no re3uest for temporary orders is made, the court must set the hearing Cithin #" days
    or, if good cause appears, #. days, from the date that the petition is filed) CC; K.#7)&(h') Courts must
    use the Budicial Council form ?-2"%9, Notice of Court 8earing)
    K#%). California Budges Benchguide #%P&
    #) LK#%).M Chec5list: Conducting 8earing on and 7ssuing 7nEunction
    ("' Before the hearing on the petitionerRs petition for an inEunction, determine that the respondent Cas
    properly served Cith a copy of the petition, the /+$, and notice of hearing on the petition) ;ersonal
    service is re3uired in the manner provided for service of summons, at least five days Aefore the
    hearing, unless the court has shortened the time for service for good cause) CC; K.#7)&(m') *ee
    K#%)3) /he proof of service should Ae made on Budicial Council form ?-2#%%)
    (#' Before the hearing, determine that the petitioner Cas properly served Cith the respondentRs
    response to the petition) /he response may Ae Critten or oral, or Aoth) *ee Cal +ules of Ct 3)"".#(d')
    7f a Critten response is served on the petitioner or the petitionerRs attorney at least tCo days Aefore
    the hearing, the petitioner may not re3uest a continuance on an account of the response) *ee Cal
    +ules of Ct 3)"".#(d'= K#%)37) /he proof of service should Ae made on Budicial Council form ?-2
    #.%)
    (3' +evieC the response to the petition filed Ay the respondent) 7f the response is Critten, the
    respondent must use Budicial Council form ?-2"#%) /he respondent may file a response that
    e1plains, e1cuses, Eustifies, or denies the alleged unlaCful violence or crediAle threats of violence)
    CC; K.#7)&(i') *ee K#%)37)
    (4' <s5 the parties if they might Ae Cilling to consider mediation of their dispute) 7f so, refer the case
    to mediation, and advise the parties that Chat happens during mediation is not admissiAle in any
    suAse3uent court proceeding) *ee (vid C K"""9)
    (.' 7f the parties Cish to proceed to hearing, advise them that they have the right to present any
    relevant testimony, including oral testimony) <lso advise the parties that the court may ma5e an
    independent in3uiry, i)e), the court may 3uestion the parties and their Citnesses) CC; K.#7)&(E') *ee
    K#%)4%)
    (' 7f the court finds Ay clear and convincing evidence that the respondent engaged in unlaCful
    violence or made a crediAle threat of violence, it should issue the re3uested inEunction prohiAiting
    further unlaCful violence or threats of violence) /he petitioner must also estaAlish that great or
    irreparaAle harm Could result to the employee if an inEunction is not issued Aecause of the reasonaAle
    proAaAility that unlaCful violence Cill occur in the future) *ee K#%)4") /he court must use Budicial
    Council form ?-2"3% to issue the inEunction) 7f the petitioner shoCs good cause, the court has the
    discretion to issue an inEunction that includes other named family or household memAers, or other
    persons employed at any of employeeRs Cor5places) CC; K.#7)&(d')
    (7' <dvise the parties of the duration of the inEunction (ma1imum of three years') <lso advise the
    petitioner that he or she may apply for
    #%P9 Civil 8arassment and ?or5place!;ostsecondary *chool -iolence K#%)
    - 91-
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    reneCal of the inEunction Ay filing a neC petition at any time Cithin three months Aefore the
    inEunction e1pires) *ee KK
    #%)4#, #%)44)
    (&' <dvise the respondent that he or she may not oCn, possess, purchase, receive, or attempt to
    purchase or receive a firearm for the duration of the inEunction) $rder the respondent to sell to a
    licensed gun dealer or turn in to the police any firearms that he possesses or controls Cithin #4 hours
    of receiving the order) *ee K#%).)
    (9' <dvise the respondent that he or she must file proof of sale or surrender of any firearm Cith the
    court Cithin 4& hours of receiving the order) *ee K#%).)
    ("%' <dvise the petitioner that he or she must deliver a copy of the order to the laC enforcement
    agencies specified in the order Ay the close of the Ausiness day on Chich the order is granted) *ee
    K#%)4)
    B) /emporary +estraining $rder and 7nEunction ;rohiAiting 8arassment (CC; K.#7)'
    ") LK#%)9M ?ho 9ay *ee5 +elief
    < person Cho has suffered harassment (see K#%)"%' may see5 a /+$ and an inEunction prohiAiting
    harassment) CC; K.#7)(a'("') /he term aKpersonab is limited to natural persons and does not include
    artificial entities such as corporations, partnerships, or associations) 8untingdon 6ife *ciences, 7nc) v
    *top 8untingdon <nimal Cruelty :*<, 7nc) (#%%.' "#9 C<4th "##&, "#.&, #9 C+3d .#" (animal
    testing laAoratory cannot maintain cause of action against organiIation and individuals protesting
    laAoratoryacs activities'= Diamond -ieC 6td) v 8erI ("9&' "&% C<3d "#, "&a-"9, ##. C+ ."
    (limited partnership not entitled to inEunctive relief')
    /he petitioner may appear in the proceeding Ay counsel or in pro per) CC; K.#7)(5')
    #%a-"3 Civil 8arassment and ?or5place!;ostsecondary *chool -iolence K#%)"%
    #) LK#%)"%M 8arassment Defined
    aK8arassmentab means unlaCful violence, a crediAle threat of violence, or a 5noCing and Cillful
    course of conduct directed at a specific person that seriously alarms, annoys, or harasses the person,
    and that serves no legitimate purpose) /he course of conduct must Ae such as Could cause a
    reasonaAle person to suffer suAstantial emotional distress, and must actually cause suAstantial
    emotional distress to the petitioner) CC; K.#7)(A'(3')
    aK:nlaCful violenceab is any assault, Aattery, or stal5ing, Aut does not include laCful acts of self2
    defense or defense of others) CC; K.#7)(A'(7')
    aKCrediAle threat of violenceab is a 5noCing and Cillful statement or course of conduct that Could
    place a reasonaAle person in fear of his or her safety, or the safety of his or her immediate family, and
    that serves no legitimate purpose) CC; K.#7)(A'(#') /he intent re3uirement for a true threat is that
    the respondent intentionally or 5noCingly communicates the threat= it is not necessary that the
    respondent intends to, or is aAle to carry out the threat) 8untingdon 6ife *ciences, 7nc) v *top
    8untingdon <nimal Cruelty :*<, 7nc) (#%%.' "#9 C<4th "##&, "#..a-"#., #9 C+3d .#")
    aKCourse of conductab is a pattern of conduct composed of a series of acts over a period of time,
    hoCever short, evidencing a continuity of purpose) CC; K.#7)(A'("'= see 6eydon v <le1ander
    ("9&9' #"# C<3d ", 4, #% C+ #.3 (single incident of harassment is insufficient= potential different
    result in case involving verAal aAuse amounting to crediAle threat of violence') 7t includes folloCing
    or stal5ing an individual, ma5ing harassing telephone calls, or sending harassing correspondence Ay
    any means including mail, fa1, or e2mail) CC; K.#7)(A'("') *ee Bre55e v ?ills (#%%.' "#. C<4th
    "4%%, "4"#a-"4"4, #3 C+3d %9 (teenage Aoyfriendacs conduct constituted aKcourse of conductab
    against minor girlfriendacs parents= Aoyfriend sent three vitriolic letters to girlfriend 5noCing her
    mother Could read them, he had earlier sent letters instructing girlfriend on retaliatory measures she
    - 92-
    1
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    could ta5e against her parents for their restrictions on her, and he taunted mother on telephone')
    Constitutionally protected activity is not included Cithin the term aKcourse of conduct)ab CC;
    K.#7)(A'("') 0or e1ample, filing a legal action does not constitute harassment Aecause an individual
    has a constitutional right to petition for redress of grievances) *ee Byers v Cathcart ("997' .7 C<4th
    &%., &%9, 7 C+#d 39&= 6eydon v <le1ander, supra, #"# C<3d at .= see also *mith v *ilvey ("9&3'
    "49 C<3d 4%%, 4%, "97 C+ ". (respondent could not Ae enEoined from initiating complaints aAout
    petitioner Cith puAlic agencies') /he course of conduct must Ay its nature cause a reasonaAle person
    to suffer suAstantial emotional distress, and must actually cause suAstantial emotional distress to the
    petitioner) CC; K.#7)(A'(3'= Bre55e v ?ills, supra, "#. C<4th at "4"4a-"4".) 0or
    K#%)"" California Budges Benchguide #%a-"4
    e1ample, the court may not grant a /+$ and preliminary inEunction under CC; K.#7), enEoining a
    nuisance such as the noise from the use of a Aas5etAall court, Cithout proof that the noise caused
    suAstantial emotional distress to the petitioner) *ee *child v +uAin ("99"' #3# C<3d 7.., 7"a-7.,
    #&3 C+ .33) /he phrase aKsuAstantial emotional distressab is not defined Ay CC; K.#7)) But in the
    analogous conte1t of the tort of intentional infliction of emotional distress, the similar phrase aKsevere
    emotional distressab has Aeen defined to mean highly unpleasant mental suffering or anguish aKfrom
    socially unacceptaAle conduct,ab that entails such intense, enduring, and nontrivial emotional distress
    that aKno reasonaAle LpersonM in a civiliIed society should Ae e1pected to endure it)ab #3# C<3d at
    7#a-73)
    Code of Civil ;rocedure K.#7) is not intended to supplant normal inEunctive procedures applicaAle
    to cases concerning issues other than harassment as defined in the statute) Byers v Cathcart, supra, .7
    C<4th at &"") Conduct that is outside the definition of aKharassmentab cannot Ae enEoined under the
    summary procedures of CC; K.#7), even if it might ultimately Ae enEoined under normal inEunctive
    procedures after full development of the facts and laC) Byers v Cathcart, supra, .7 C<4th at &"#) 0or
    e1ample, Cithout suAstantial evidence of harassing conduct, a court may not use CC; K.#7) to order
    a respondent to stay #. feet aCay from the petitioner Cho Cas conducting Eudgment deAtor
    e1aminations in court) NeAel v *ula5 ("999' 73 C<4th "33, "37%, &7 C+#d 3&.)
    3) LK#%)""M 7ssuing a /emporary +estraining $rder
    /he court may grant a /+$ on the petitioneracs petition and application, Cith or Cithout notice, Aased
    on a declaration that, to the satisfaction of the court, shoCs reasonaAle proof of harassment Ay the
    respondent, and that the petitioner Cill suffer great or irreparaAle harm if the /+$ is not granted)
    CC; K.#7)(d'= see CC; K.#7)(v'("' (petitioner must use Budicial Council form C82"%% for
    petition= court must use Budicial Council form C82""% to issue /+$') :nless ordered Ay the court, no
    supporting memorandum is re3uired) Cal +ules of Ct 3)"".#(A') No filing fee may Ae charged for a
    petition that alleges that the respondent has inflicted or threatened violence against the petitioner,
    stal5ed the petitioner, or acted or spo5en in any other manner that has placed the petitioner in
    reasonaAle fear of violence, and that see5s a restraining order or inEunction restraining stal5ing, future
    violence, or threats of violence) CC; K.#7)(C') <nd no fee may Ae charged for a suApoena filed in
    connection Cith a petition alleging these acts) CC; K.#7)(C')
    < /+$ may include any of the folloCing (CC; K.#7)(A'(', (d'':
    a( <n order enEoining a party from harassing, intimidating, molesting, attac5ing, stri5ing, stal5ing,
    threatening, se1ually assaulting,
    #%a-". Civil 8arassment and ?or5place!;ostsecondary *chool -iolence K#%)"3
    Aattering, aAusing, telephoning, including, Aut not limited to, ma5ing annoying telephone calls, as
    descriAed in ;en C K.3m, destroying personal property, contacting, either directly or indirectly, Ay
    mail or otherCise, or coming Cithin a specified distance of, or disturAing the peace of the petitioner)
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    a( <n order enEoining a party from specified Aehavior that the court determines is necessary to
    effectuate orders descriAed aAove)
    < re3uest for the issuance of a temporary restraining order Cithout notice must Ae granted or denied
    on the same day that the petition is suAmitted to the court, unless the petition is filed too late in the
    day to permit effective revieC, in Chich case the order must Ae granted or denied on the ne1t day of
    Eudicial Ausiness in sufficient time for the order to Ae filed that day Cith the cler5 of the court) CC;
    K.#7)(e')
    $n a shoCing of good cause, the court has the discretion to issue a /+$ that includes other named
    family or household memAers) CC; K.#7)(c') /he /+$ remains in effect, at the courtacs discretion,
    for up to #" days or, if the court e1tends the time for hearing, for up to #. days, unless otherCise
    modified or terminated Ay the court) CC; K.#7)(f')
    4) *uAse3uent 8earing
    a) LK#%)"#M /ime for 8earing
    < hearing must Ae held Cithin #" days or, if good cause appears, #. days from the date that the
    petition for a temporary order is granted or denied) CC; K.#7)(g') 7f no re3uest for temporary orders
    is made, the hearing must Ae held Cithin #" days, or if good cause appears, #. days, from the date
    that the petition is filed) CC; K.#7)(g')
    A) LK#%)"3M *ervice on +espondent
    /he respondent must Ae personally served Cith a copy of the petition for an inEunction, /+$, and
    notice of hearing on the petition at least five days Aefore the hearing) CC; K.#7)(m'= Cal +ules of Ct
    3)"".#(c') *ervice must Ae made in the manner provided Ay laC for personal service of the summons
    in a civil action) Cal +ules of Ct 3)"".#(c') 0or good cause, the court may shorten the time for
    service) CC; K.#7)(m'= Cal +ules of Ct 3)"".#(c')
    /he notice of hearing must notify the respondent that if he or she does not attend the hearing, the
    court may ma5e orders against him or her that could last up to three years) CC; K.#7)(n')
    7f a respondent, named in a restraining order issued after a hearing, has not Aeen served personally
    Cith the order Aut has received actual notice of the e1istence and suAstance of the order through
    personal appearance in court to hear the terms of the order from the court, no
    K#%)"4 California Budges Benchguide #%a-"
    additional proof of service is re3uired to enforce the order) CC; K.#7)(p'("')
    7f the respondent named in a temporary restraining order is personally served Cith the order and
    notice of hearing Cith respect to a restraining order or protective order Aased on the temporary
    restraining order, Aut the respondent does not appear at the hearing, either personally or Ay an
    attorney, and the terms and conditions of the restraining order or protective order issued at the hearing
    are identical to the temporary restraining order, e1cept for the duration of the order, then the
    restraining order or protective order issued at the hearing may Ae served on the respondent Ay mail)
    CC; K.#7)(p'(#') ;etitioners may use Budicial Council form C82#%, ;roof of *ervice of $rder
    <fter 8earing Ay 9ail, Chen service of the order is authoriIed CC; K.#7)(p'(#')
    c) LK#%)"4M +espondentacs +esponse
    /he respondent may file a response that e1plains, e1cuses, Eustifies, or denies the alleged harassment,
    or may file a cross2petition for an inEunction prohiAiting harassment) CC; K.#7)(h'= see CC;
    K.#7)(v'("' (respondent must use Budicial Council form C82"#%'= see also CC; K.#7)(C' (Chen
    filing fee is not re3uired') 7f a Critten response is served on the petitioner or the petitioneracs attorney
    at least tCo days Aefore the hearing, the petitioner is not entitled to a continuance on account of the
    response Cal +ules of Ct 3)"".#(d') /he respondent may appear in the proceeding Ay counsel or in
    - 94-
    1
    2
    pro per) CC; K.#7)(5') 7n addition to, or in lieu of a Critten response, the petitioner can challenge
    the issuance of a permanent order through oral testimony at the hearing) Cal +ules of Ct 3)"".#(d')
    d) LK#%)".M Continuance
    < respondent may re3uest a continuance of the hearing on a shoCing of good cause) Cal +ules of Ct
    3)"".#(e') 7f the court in its discretion grants the continuance, any temporary restraining order that
    has Aeen granted remains in effect until the end of the continued hearing unless otherCise ordered Ay
    the court) Cal +ules of Ct 3)"".#(e') <n error in failing to grant a re3uest for a continuance is
    reversiAle only if the denial results in a denial of a fair hearing, or otherCise preEudices the re3uesting
    party) 0reeman v *ullivant (#%""' "9# C<4th .#3, .#7a-.#&, "#% C+3d 93)
    e) LK#%)"M +eissuance of /emporary +estraining $rder
    /he court may, on the filing of a declaration Ay the petitioner that the respondent could not Ae served
    Cithin the time re3uired Ay statute, reissue an order previously issued and dissolved Ay the court for
    failure to serve
    #%a-"7 Civil 8arassment and ?or5place!;ostsecondary *chool -iolence K#%)"7
    the respondent) CC; K.#7)(o'("') /he petitioner must use Budicial Council form C82"". to re3uest
    to continue the hearing and to reissue the order) /he court must use Budicial Council form C82"",
    Notice of NeC 8earing Date and $rder on +eissuance, to order reissuance) /he reissued order
    remains in effect until the date set for the hearing) CC; K.#7)(o'("') /he order must state on its face
    the e1piration date of the order) CC; K.#7)(o'(#')
    f) LK#%)"7M (vidence
    <t the hearing, the court must consider any relevant evidence, including hearsay evidence, Chen
    deciding Chether to issue an inEunction prohiAiting the harassment) CC; K.#7)(i'= Gaiser 0ound)
    8osps) v ?ilson (#%""' #%" C<4th ..%, ...a-..&, "33 C+3d &3%) /he court may also ma5e an
    independent in3uiry) CC; K.#7)(i') /he court may not deny a party the opportunity to present oral
    testimony) *chraer v Ber5eley ;rop) $Cnersac <ssacn ("9&9' #%7 C<3d 7"9, 73%a-733, #.. C+ 4.3
    (court should not have refused introduction of oral testimony and should not have Aased its decision
    entirely on Critten declarations, documentary evidence, and arguments of counsel') 8oCever, it is the
    partiesac oAligation to ensure that their Citnesses are present at the hearing and ready to testify) #%7
    C<3d at 73# n.) Both sides may offer evidence Ay deposition, affidavit, or oral testimony, and the
    court must receive this evidence, suAEect only to reasonaAle limitations necessary to preserve the
    e1peditious nature of the harassment procedure) < full2fledged evidentiary hearing Cith oral
    testimony is not necessary, unless re3uested Ay a party) *ee (nsCorth v 9ullvain ("99%' ##4 C<3d
    ""%., """%a-"""", #74 C+ 447= *chraer v Ber5eley ;rop) $Cnersac <ssacn, supra, #%7 C<3d at 733
    n) Direct testimony from the petitioner that he or she suffered suAstantial emotional distress is not
    re3uired for the court to issue an inEunction= the petitioneracs declaration may Ae sufficient) (nsCorth
    v 9ullvain, supra, ##4 C<3d at """%a-"""")
    /estimony of mental health practitioner) <lthough communications AetCeen a patient and a
    psychotherapist are confidential and privileged under (vid C K"%"#, the aKdangerous patientab
    e1ception to the psychotherapist2patient privilege permits disclosure of any threatening
    communications of the patient if the psychotherapist has reasonaAle cause to Aelieve that the patient
    is in such mental or emotional condition as to Ae dangerous to himself or herself or to the person or
    property of another and that disclosure of the communications are necessary to prevent the threatened
    harm) (vid C K"%#4)
    K#%)"& California Budges Benchguide #%a-"&
    g) LK#%)"&M ;resence of *upport ;erson at 8earing
    - 95-
    1
    2
    7f there are allegations of unlaCful violence or crediAle threats of violence, a support person may
    accompany the petitioner in court) CC; K.#7)(l') 7f the petitioner is appearing in pro per, the support
    person may sit Cith the petitioner at the counsel taAle) CC; K.#7)(l') /he support person may not
    provide legal advice, Aut is alloCed to Ae present to provide moral and emotional support to the
    petitioner) CC; K.#7)(l') /he court has the discretion to remove the support person from the
    courtroom if the court Aelieves that the support person is prompting, sCaying, or influencing the
    petitioner) CC; K.#7)(l')
    .) 7ssuance of 7nEunction
    a) LK#%)"9M 0indings
    7f the court finds Ay clear and convincing evidence that unlaCful harassment e1ists, it must issue an
    inEunction prohiAiting the harassment) CC; K.#7)(i'= see Budicial Council form C82"3%) /he
    petitioner must also estaAlish that great or irreparaAle harm Could result to the petitioner if an
    inEunction is not issued Aecause of the reasonaAle proAaAility that unlaCful violence Cill occur in the
    future) +ussell v Douvan (#%%3' ""# C<4th 399, 4%"a-4%4, . C+3d "37 (trial court erred in issuing
    inEunction Aased on a single act of violence Cithout finding threat of future harm') ?hen read
    literally, the language of CC; K.#7)(i' appears to provide that once the petitioner estaAlishes Ay
    clear and convincing evidence that the respondent has engaged in a single act of harassment, the court
    must issue an inEunction) But CC; K.#7)(i' must Ae read to include the re3uirement that the
    petitioner shoC that great or irreparaAle harm is li5ely to occur aAsent the inEunction Aecause the
    petitioner is re3uired to ma5e such a shoCing under CC; K.#7)(d' to oAtain a /+$) ""# C<4th at
    4%#a-4%4)
    /he court is not re3uired to ma5e a specific finding on the record that harassment e1ists, or to cite the
    statutory elements of the harassment) <lthough there must Ae evidence to support the re3uired
    elements of harassment and suAstantial emotional distress, direct testimony Ay the petitioner is not
    re3uired to estaAlish or support those elements) *ee (nsCorth v 9ullvain ("99%' ##4 C<3d ""%.,
    """#, #74 C+ 447)
    A) LK#%)#%M <Card of Costs and 0ees
    /he court may aCard the prevailing party court costs and attorneysac fees) CC; K.#7)(r') *ee 6eydon
    v <le1ander ("9&9' #"# C<3d ", ., #% C+ #.3 (aCard is discretionary'= see also K#%)"4) Because
    CC; K.#7)(r' does not define aKprevailing party,ab the court may use the general definition of
    aKprevailing partyab in CC; K"%3#) <dler v -aicius ("993' #" C<4th "77%, "777, #7 C+#d 3#= (lster
    v 0riedman ("9&9' #"" C<3d "439,
    #%a-"9 Civil 8arassment and ?or5place!;ostsecondary *chool -iolence K#%)#3
    "443a-"444, #% C+ "4& (court properly aCarded fees and costs to petitioners even though terms of
    inEunction entered under stipulated settlement applied to them as Cell as to respondents, Aecause
    petitioners oAtained the precise relief they had sought') <ttorney fees, as Cell as costs, may Ae
    aCarded to a prevailing respondent even if the action Cas Arought in good faith and is not frivolous)
    Grug v 9aschmeier (#%%9' "7# C<4th 79, &%%a-&%3, 9" C+3d 4.#)
    c) LK#%)#"M Duration of 7nEunction
    7n the discretion of the court, an order issued after notice and hearing may have a duration of up to
    three years) CC; K.#7)(E'("') 8oCever, these orders are suAEect to modification or termination (see
    K#%)##', and reneCal (see K#%)#3')
    d) LK#%)##M 9odification or /ermination of 7nEunction
    <n order issued after notice and hearing may Ae terminated or modified Ay order of the court either
    on Critten stipulation filed Cith the court or on the motion of a party) CC; K.#7)(E'("')
    - 96-
    1
    2
    7f an action is filed for the purpose of terminating or modifying a protective order Aefore the
    e1piration date specified in the order Ay a party other than the protected party, the party Cho is
    protected Ay the order must Ae given notice of the hearing for modification or termination Ay personal
    service (see CC; K"%%.(A'' or, under specified circumstances, Ay service on the *ecretary of *tate)
    CC; K.#7)(E'(3') 7f the party Cho is protected Ay the order cannot Ae notified prior to the e1piration
    date, the court must deny the motion to modify or terminate the order Cithout preEudice or continue
    the hearing until the party Cho is protected can Ae properly noticed and may, on a shoCing of good
    cause, specify another method for service of process that is reasonaAly designed to afford actual
    notice to the protected party) CC; K.#7)(E'(3') /he protected party may Caive his or her right to
    notice if he or she is physically present in court and does not challenge the sufficiency of the notice)
    CC; K.#7)(E'(3')
    e) LK#%)#3M +eneCal of 7nEunction
    <n order issued after notice and hearing may Ae reneCed, on the re3uest of a party, for a duration of
    not more than three years, Cithout a shoCing of any further harassment since the issuance of the
    original order, suAEect to termination or modification Ay further order of the court either on Critten
    stipulation filed Cith the court or on the motion of a party) CC; K.#7)(E'("') /he re3uest for reneCal
    may Ae Arought at any time Cithin the three months Aefore the orderacs e1piration) CC; K.#7)(E'("')
    7f no e1piration date is indicated on the order, the order has a duration of three years from the date of
    issuance) CC; K.#7)(E'(#')
    K#%)#4 California Budges Benchguide #%a-#%
    /he petitioner must use Budicial Council form C827%% to re3uest a reneCal of the order) /he court
    must use C827"% to issue a notice of a hearing to reneC the restraining order) 7f the respondent
    Cishes to ma5e a Critten response to the re3uest to reneC the restraining order, he or she must use
    Budicial Council form C827#%) <nd the courtacs grant or denial of a reneCal re3uest must Ae made on
    Budicial Council form C8273%)
    f) LK#%)#4M ;ersons Covered
    $n a shoCing of good cause, the court has the discretion to issue an inEunction that includes other
    named family or household memAers) CC; K.#7)(c'= K#%)"")
    g) LK#%)#.M 9utual 7nEunctions
    /he court may not grant mutual inEunctions, aAsent e1press consent Ay the petitioner, against Aoth the
    petitioner and the respondent at a hearing on the petitioneracs petition for an inEunction against the
    respondent, unless the respondent has filed a cross2petition, as permitted Ay CC; K.#7)(h', and the
    petitioner is given notice of the cross2petition and an opportunity to respond to it) GoAey v 9orton
    ("99"' ##& C<3d "%.., "%.&a-"%%, #7& C+ .3%) *ee also Nora v Gaddo (#%%4' "" C<4th "%#,
    "%#9, "% C+3d &# (trial court erred in issuing mutual inEunctive relief Chen court refused to hear
    Citnesses offered Ay Aoth parties, and respondent did not file a cross2complaint Aut merely re3uested
    mutual inEunctions at the close of the proceedings')
    ) LK#%)#M /ransmission of $rder to 6aC (nforcement <gencies
    /he court must order the petitioner or the petitioneracs attorney to deliver a copy of an order issued
    under CC; K.#7), or reissuance, e1tension, modification, or termination of the order, and any
    suAse3uent proof of service, Ay the close of the Ausiness day on Chich the order, reissuance,
    e1tension, modification, or termination Cas made, to each laC enforcement agency having
    Eurisdiction over the residence of the petitioner and to any additional laC enforcement agencies
    Cithin the courtacs discretion as are re3uested Ay the petitioner) CC; K.#7)(3'(#')
    <lternatively, the court or its designee must transmit, Cithin one Ausiness day, to laC enforcement
    personnel all information re3uired under 0am C K3&%(A' regarding any order issued under CC;
    - 97-
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    2
    K.#7), or a reissuance, e1tension, modification, or termination of the order, and any suAse3uent
    proof of service) CC; K.#7)(3'(3')
    7nformation on any /+$ or inEunction relating to civil harassment issued Ay a court under CC;
    K.#7) must Ae transmitted to the
    #%a-#" Civil 8arassment and ?or5place!;ostsecondary *chool -iolence K#%)#9
    Department of Bustice in accordance Cith CC; K.#7)(3'(#' or (3') CC; K.#7)(3'("')
    7) LK#%)#7M *uAse3uent <Card of 0ees and Costs
    $n the e1piration of the /+$ or the petitioneracs dismissal of the action, the court retains Eurisdiction
    to grant the respondentacs motion for attorneyacs fees and costs as the prevailing party) <dler v -aicius
    ("993' #" C<4th "77%, "774a-"777, #7 C+#d 3#)
    &) LK#%)#&M (ffect of +espondentacs Ban5ruptcy ;etition
    ?hen the petitioner files a petition for an inEunction under CC; K.#7) and the respondent
    suAse3uently files a petition in Aan5ruptcy, the automatic stay provisions of federal Aan5ruptcy laC
    ("" :*C K3#(a'' do not apply to the petitioneracs petition unless the inEunction interferes Cith the
    Aan5ruptcy case) <n action to enEoin harassment Cill not generally interfere Cith a Aan5rupt deAtoracs
    estate or threaten the role of the automatic stay in protecting Aoth the deAtor and the deAtoracs
    creditors) @rant v Clampitt ("997' . C<4th .&, .9%a-.9#, . C+#d 7#7) 8oCever, any aCard of
    costs and fees to the petitioner as the prevailing party is re3uired to Ae stayed under "" :*C K3#(a')
    . C<4th at .93)
    9) LK#%)#9M -iolation of 7nEunction
    <ny Cillful disoAedience of any /+$ or inEunction granted under CC; K.#7) is punishaAle under
    ;en C K#73)) CC; K.#7)(s') ;enal Code K#73) provides that any intentional and 5noCing
    violation of an order issued under CC; K.#7) is a misdemeanor punishaAle Ay a fine of up to H"%%%
    and!or Ay imprisonment in the county Eail for up to one year) ;en C K#73)(a') <ny violation of the
    order that results in physical inEury is punishaAle Ay a fine of up to H#%%% and!or Ay imprisonment in
    the county Eail for not less than 3% days nor more than one year) ;en C K#73)(A') 8oCever, if a
    respondent is imprisoned in county Eail for at least 4& hours, the court may, in the interest of Eustice,
    reduce or eliminate the 3%2day minimum imprisonment) ;en C K#73)(A')
    < suAse3uent conviction for violation of ;en C K#73)(a', occurring Cithin seven years of a prior
    conviction and involving an act of violence or a crediAle threat of violence, is punishaAle Ay
    imprisonment in the county Eail for up to one year or in state prison) ;en C K#73)(d') < suAse3uent
    conviction occurring Cithin one year of a prior conviction that results in physical inEury is punishaAle
    Ay a fine of up to H#%%% and!or Ay imprisonment in county Eail for not less than si1 months nor more
    than one year, or Ay imprisonment in state prison) ;en C K#73)(e') 8oCever, if a respondent is
    imprisoned in county Eail for at least 3% days, the court may,
    K#%)3% California Budges Benchguide #%a-##
    in the interest of Eustice, reduce or eliminate the si12month minimum imprisonment) ;en C K#73)(e')
    < respondent Cho is convicted of oCning, possessing, purchasing, or receiving a firearm Chen
    prohiAited from doing so Ay an order under CC; K.#7) may Ae imprisoned in the county Eail for up
    to one year or in state prison and may Ae suAEect to a fine of up to H"%%%) ;en C KK#73)(g', #9&#.)
    "%) LK#%)3%M *tatuteacs (ffect on $ther +emedies
    /he provisions of CC; K.#7) do not apply to any action or proceeding under the Domestic -iolence
    ;revention <ct (0am C KK#%%a-3&9' or under the +osenthal 0air DeAt Collection ;ractices <ct
    (CC KK"7&&a-"7&&)33') CC; K.#7)(u') /he statute does not preclude a petitioner from using other
    civil remedies) CC; K.#7)(u')
    C) /emporary +estraining $rder and 7nEunction ;rohiAiting ?or5place -iolence (CC; K.#7)&'
    - 98-
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    2
    ") LK#%)3"M ?ho 9ay *ee5 +elief
    <ny employer, Chose employee has suffered unlaCful violence or a crediAle threat of violence from
    any individual, Chich can reasonaAly Ae construed to Ae carried out or to have Aeen carried out at the
    Cor5place, may see5 a /+$ and an inEunction on Aehalf of the employee and, at the discretion of the
    court, on Aehalf of any numAer of other employees at the Cor5place and, if appropriate, other
    employees at other Cor5places of the employer) CC; K.#7)&(a') /he provisions of the statute apply to
    puAlic and private employers) CC; K.#7)&(A'(3') /he term aKemployeeab includes volunteers and
    independent contractors performing services for the employer at the employeracs Cor5place, memAers
    of corporate Aoards of directors, and elected or appointed puAlic officers) CC; K.#7)&(A'(3') /he
    petitioner (employer' may appear in the proceeding Ay counsel or in pro per) CC; K.#7)&(l') <
    petitioner that is a corporation may only appear through counsel) 9erco Constr) (ngacrs v 9un) Court
    ("97&' #" C3d 7#4, 73", "47 C+ 3") *ee *cripps 8ealth v 9arin ("999' 7# C<4th 3#4, 333, &.
    C+#d & (corporate employer is alloCed to see5 inEunction on Aehalf of employee')
    <n inEunction may issue under CC; K.#7)& in a dependency case) 7n re 9)B) (#%""' #%" C<4th
    "%.7, "34 C+3d 4.) 7n 7n re 9)B), a party in a dependency proceeding made harassing phone calls to
    the department of child and family services and physically oAstructed department offices) /he 0ourth
    District Court of <ppeal found that an inEunction issued Ay the trial court prohiAiting the party from
    contacting any employee of the department Cas authoriIed under CC; K.#7)&) #%" C<4th at
    "%#a-"%4)
    #%a-#3 Civil 8arassment and ?or5place!;ostsecondary *chool -iolence K#%)33
    By its terms, CC; K.#7)& is applicaAle only to actions at the employeeacs Cor5place, not his or her
    home) City of 6os <ngeles v <nimal Defense 6eague (#%%' "3. C<4th %, #.a-#7, 37 C+3d
    3# (noting that employee could see5 his or her oCn inEunction against harassment at his or her home
    under CC; K.#7)')
    <n employer suAEected to generaliIed threats of Cor5place violence may oAtain relief under CC;
    K.#7)& on Aehalf of an employee Cho is a logical target of the threats, even if the employee Cas not
    specifically identified Ay the harasser) :**2;osco 7ndus) v (dCards (#%%3' """ C<4th 43,
    44#a-444, 4 C+3d .4)
    6aAor Code KK4%% et se3 (employersac duties and responsiAilities regarding safety in employment'
    and CC; K.#7)&, Chen read together, estaAlish an e1plicit puAlic policy re3uiring employers to
    provide a safe and secure Cor5place, including a re3uirement that an employer ta5e reasonaAle steps
    to address crediAle threats of violence in the Cor5place) 0ran5lin v 9onadnoc5 Co) (#%%7' "."
    C<4th #.#, #.&a-#3, .9 C+3d 9# (terminated employeeacs allegations regarding threats of
    violence made Ay co2Cor5er Cere sufficient to state claim of Crongful termination Aased on puAlic
    policies that re3uire employers to provide a safe and secure Cor5place and encourage employees to
    report crediAle threats of violence in the Cor5place'= City of ;alo <lto v *ervice (mployees 7ntacl
    :nion (#%%%' 77 C<4th 3#7, 33a-337, 9" C+#d .%%)
    #) LK#%)3#M ;otential +espondents
    < /+$ or inEunction prohiAiting Cor5place violence may only Ae issued against natural persons, and
    not against groups, associations, or corporate entities) City of 6os <ngeles v <nimal Defense 6eague
    (#%%' "3. C<4th %, ##a-#., 37 C+3d 3#)
    3) LK#%)33M :nlaCful -iolence and CrediAle /hreat of -iolence Defined
    aK:nlaCful violenceab is any assault or Aattery, or stal5ing under ;en C K4)9) CC; K.#7)&(A'(7') 7t
    does not include laCful acts of self2defense or defense of others) CC; K.#7)&(A'(7')
    < aKcrediAle threat of violenceab is a 5noCing and Cillful statement or course of conduct that Could
    place a reasonaAle person in fear for his or her safety, or the safety of his or her immediate family,
    - 99-
    1
    2
    and that serves no legitimate purpose) CC; K.#7)&(A'(#') /he intent re3uirement for a true threat is
    that the respondent intentionally or 5noCingly communicates the threat= it is not necessary that the
    respondent intends to, or is aAle to carry out the threat) 8untingdon 6ife *ciences, 7nc) v *top
    8untingdon <nimal Cruelty :*<, 7nc) (#%%.' "#9 C<4th "##&, "#..a-"#., #9 C+3d .#")
    K#%)34 California Budges Benchguide #%a-#4
    d1 B:D7C7<6 /7;: Courts should Ae leery of finding that there has Aeen a crediAle threat of violence
    Chen the respondent has not directly conveyed the threatening Cords) 0or e1ample, the /hird District
    Court of <ppeal, in an employment retaliation case, ac5noCledged a loCer courtacs finding that there
    Cas insufficient evidence of a threat for purposes of issuing inEunctive relief under CC; K.#7)& Chen
    the respondent did not convey a threat Aut merely ansCered 3uestions put to him Ay an investigator,
    and the investigator interpreted his responses as constituting a threat) BroCn v Department of
    Corrections (#%%.' "3# C<4th .#%, .#4a-.#., 33 C+3d 7.4)
    aKCourse of conductab is a pattern of conduct composed of a series of acts over a period of time,
    hoCever short, evidencing a continuity of purpose) CC; K.#7)&(A'("'=LK see *cripps 8ealth v 9arin
    ("999' 7# C<4th 3#4, 33, &. C+#d & (inEunction not Carranted Aased on single threat of violence
    Chen there Cas no evidence respondent Cas li5ely to commit further acts of violence') 7t includes
    folloCing or stal5ing the employee to or from the Cor5place, entering the Cor5place, folloCing the
    employee during employment hours, ma5ing telephone calls to the employee, or sending
    correspondence to the employee Ay any means including mail, fa1, or e2mail) CC; K.#7)&(A'("')
    /he threat of violence need not Ae directed at a particular employee) <n employer may see5
    inEunctive relief under CC; K.#7)& on Aehalf of any employee Cho is crediAly threatened Cith
    unlaCful violence, Chether or not the respondent identifies the employee) :**2;osco 7ndus) v
    (dCards (#%%3' """ C<4th 43, 44#a-444, 4 C+3d .4 (evidence of employeeacs threats to Aring a
    gun into the Cor5place and shoot employees against Chom he harAored a grudge Cas sufficient for
    his former manager to fear for her oCn safety for purposes of issuing inEunction Chen that manager
    instigated disciplinary action that led to the employeeacs suspension and termination') /he court may
    not issue a /+$ or an inEunction prohiAiting speech or other activities that are constitutionally
    protected, or protected Ay CC; K.#7)3 (specified acts relating to laAor disputes' or any other
    provision of laC) CC; K.#7)&(c')
    4) LK#%)34M 7ssuance of /emporary +estraining $rder
    /he court may grant a /+$ on the petitioneracs petition and application, Cith or Cithout notice, Aased
    on a declaration that, to the satisfaction of the court, shoCs reasonaAle proof that the employee has
    suffered unlaCful violence or a crediAle threat of violence Ay the respondent, and that great or
    irreparaAle harm Could result to the employee) CC; K.#7)&(e'= see CC; K.#7)&(u' (petitioner must
    use Budicial Council form ?-2"%%') :nless ordered Ay the court, no
    #%a-#. Civil 8arassment and ?or5place!;ostsecondary *chool -iolence K#%)3
    supporting memorandum is re3uired) Cal +ules of Ct 3)"".#(A') No filing fee may Ae charged for a
    petition that alleges the respondent has inflicted or threatened violence against the employee, stal5ed
    the employee, or acted or spo5en in any other manner that has placed the employee in reasonaAle fear
    of violence, and that see5s a restraining order or inEunction restraining stal5ing, future violence, or
    threats of violence) CC; K.#7)&(v') <nd no fee may Ae charged for a suApoena filed in connection
    Cith a petition alleging these acts) CC; K.#7)&(p')
    < /+$ may include any of the folloCing (CC; K.#7)&(A'(', (d'':
    a( <n order enEoining a party from harassing, intimidating, molesting, attac5ing, stri5ing, stal5ing,
    threatening, se1ually assaulting, Aattering, aAusing, telephoning, including, Aut not limited to, ma5ing
    annoying telephone calls, as descriAed in ;en C K.3m, destroying personal property, contacting,
    - 100-
    1
    2
    either directly or indirectly, Ay mail or otherCise, or coming Cithin a specified distance of, or
    disturAing the peace of the employee)
    a( <n order enEoining a party from specified Aehavior that the court determines is necessary to
    effectuate orders descriAed aAove)
    < re3uest for the issuance of a temporary restraining order Cithout notice must Ae granted or denied
    on the same day that the petition is suAmitted to the court, unless the petition is filed too late in the
    day to permit effective revieC, in Chich case the order must Ae granted or denied on the ne1t day of
    Eudicial Ausiness in sufficient time for the order to Ae filed that day Cith the cler5 of the court) CC;
    K.#7)&(f')
    $n a shoCing of good cause, the court has the discretion to issue a /+$ that includes other named
    family or household memAers, or other persons employed at any of the employeeacs Cor5places) CC;
    K.#7)&(e') /he duration of the /+$ may not e1ceed ". days, unless otherCise modified or terminated
    Ay the court) CC; K.#7)&(d')
    .) *uAse3uent 8earing
    a) LK#%)3.M /ime for 8earing
    < hearing must Ae held Cithin #" days or, if good cause appears, #. days from the date that the
    petition for a temporary order is granted or denied) CC; K.#7)&(h') 7f no re3uest for temporary orders
    is made, the hearing must Ae held Cithin #" days, or if good cause appears, #. days, from the date
    that the petition is filed) CC; K.#7)&(h')
    A) LK#%)3M *ervice on +espondent
    /he respondent must Ae personally served Cith a copy of the employeracs petition for an inEunction,
    any /+$, and notice of hearing of the petition at least five days Aefore the hearing) CC; K.#7)&(m'=
    Cal
    K#%)37 California Budges Benchguide #%a-#
    +ules of Ct 3)"".#(c') *ervice must Ae made in the manner provided Ay laC for personal service of
    the summons in a civil action) Cal +ules of Ct 3)"".#(c') 0or good cause, the court may shorten the
    time for service) CC; K.#7)&(m'= Cal +ules of Ct 3)"".#(c')
    /he notice of hearing must notify the respondent that if he or she does not attend the hearing, the
    court may ma5e orders against him or her that could last up to three years) CC; K.#7)&(n')
    7f a respondent, named in a restraining order issued after a hearing, has not Aeen served personally
    Cith the order Aut has received actual notice of the e1istence and suAstance of the order through
    personal appearance in court to hear the terms of the order from the court, no additional proof of
    service is re3uired to enforce the order) CC; K.#7)&(p'("')
    7f the respondent named in a temporary restraining order is personally served Cith the order and
    notice of hearing Cith respect to a restraining order or protective order Aased on the temporary
    restraining order, Aut the respondent does not appear at the hearing, either personally or Ay an
    attorney, and the terms and conditions of the restraining order or protective order issued at the hearing
    are identical to the temporary restraining order, e1cept for the duration of the order, then the
    restraining order or protective order issued at the hearing may Ae served on the respondent Ay mail)
    CC; K.#7)&(p'(#') ;etitioners may use Budicial Council form ?-2#%, ;roof of *ervice of $rder
    <fter 8earing Ay 9ail, Chen service of the order is authoriIed CC; K.#7)&(p'(#')
    c) LK#%)37M +espondentacs +esponse
    /he respondent may file a response that e1plains, e1cuses, Eustifies, or denies the alleged unlaCful
    violence or crediAle threats of violence) CC; K.#7)&(i'= see CC; K.#7)&(u' (respondent must use
    Budicial Council form ?-2"#%'= see also CC; K.#7)&(v' (Chen filing fee is not re3uired') 7f a Critten
    response is served on the petitioner or the petitioneracs attorney at least tCo days Aefore the hearing,
    - 101-
    1
    2
    the petitioner is not entitled to a continuance on account of the response) Cal +ules of Ct 3)"".#(d')
    /he respondent may appear in the proceeding Ay counsel or in pro per) CC; K.#7)&(l') 7n addition to,
    or in lieu of, a Critten response, the petitioner can challenge the issuance of a permanent order
    through oral testimony at the hearing) Cal +ules of Ct 3)"".#(d')
    d) LK#%)3&M Continuance
    < respondent may re3uest a continuance of the hearing on a shoCing of good cause) Cal +ules of Ct
    3)"".#(e') 7f the court in its discretion grants the continuance, any temporary restraining order that
    has Aeen granted remains in effect until the end of the continued hearing unless
    #%a-#7 Civil 8arassment and ?or5place!;ostsecondary *chool -iolence K#%)4"
    otherCise ordered Ay the court) Cal +ules of Ct 3)"".#(e') <n error in failing to grant a re3uest for a
    continuance is reversiAle only if the denial results in a denial of a fair hearing, or otherCise preEudices
    the re3uesting party) 0reeman v *ullivant (#%""' "9# C<4th .#3, .#7a-.#&, "#% C+3d 93)
    e) LK#%)39M +eissuance of /emporary +estraining $rder
    /he court may, on the filing of a declaration Ay the petitioner that the respondent could not Ae served
    Cithin the time re3uired Ay statute, reissue an order previously issued and dissolved Ay the court for
    failure to serve the respondent) CC; K.#7)&(o'("') /he petitioner must use Budicial Council form ?-2
    "". to re3uest to continue the hearing and to reissue the order) /he court must use Budicial Council
    form ?-2"", Notice of NeC 8earing Date and $rder on +eissuance, to order reissuance) /he
    reissued order remains in effect until the date set for the hearing) CC; K.#7)&(o'("') /he order must
    state on its face the e1piration date of the order) CC; K.#7)&(o'(#')
    f) LK#%)4%M (vidence
    <t the hearing, the court must consider any relevant evidence, including hearsay evidence, Chen
    deciding Chether to issue an inEunction) CC; K.#7)&(E'= Gaiser 0ound) 8osps) v ?ilson (#%""' #%"
    C<4th ..%, ...a-..&, "33 C+3d &3% (interpreting identical language contained in CC; K.#7)(i'')
    /he court may also ma5e an independent in3uiry) CC; K.#7)&(E') 9oreover, if the respondent is a
    current employee of the petitioner2employer, the court must receive evidence concerning the
    employeracs decision to retain, terminate, or otherCise discipline the respondent) CC; K.#7)&(E')
    /estimony of mental health practitioner) <lthough communications AetCeen a patient and a
    psychotherapist are confidential and privileged under (vid C K"%"#, the aKdangerous patientab
    e1ception to the psychotherapist2patient privilege permits disclosure of any threatening
    communications of the patient if the psychotherapist has reasonaAle cause to Aelieve that the patient
    is in such mental or emotional condition as to Ae dangerous to himself or herself or to the person or
    property of another and that disclosure of the communications are necessary to prevent the threatened
    harm) (vid C K"%#4)
    ) 7ssuance of 7nEunction
    a) LK#%)4"M 0indings
    7f the court finds Ay clear and convincing evidence that the respondent engaged in unlaCful violence
    or made a crediAle threat of violence, the court must issue an inEunction prohiAiting further unlaCful
    K#%)4# California Budges Benchguide #%a-#&
    violence or threats of violence) CC; K.#7)&(E'= see Budicial Council form ?-2"3%) /he petitioner
    must also estaAlish that great or irreparaAle harm Could result to the employee if an inEunction is not
    issued Aecause of the reasonaAle proAaAility that unlaCful violence Cill occur in the future) City of
    6os <ngeles v <nimal Defense 6eague (#%%' "3. C<4th %, "., #., 37 C+3d 3#= *cripps
    8ealth v 9arin ("999' 7# C<4th 3#4, 33#, 33., &. C+#d &) +ead literally, the language of CC;
    K.#7)&(E' appears to provide that once the petitioner estaAlishes Ay clear and convincing evidence that
    the respondent has engaged in violence or made a crediAle threat of violence, the court must issue an
    - 102-
    1
    2
    inEunction) 7# C<4th at 33#) But CC; K.#7)&(E' must Ae read to include the re3uirement that the
    petitioner shoC that great or irreparaAle harm is li5ely to occur aAsent the inEunction Aecause the
    petitioner is re3uired to ma5e such a shoCing under CC; K.#7)&(e' to oAtain a /+$) 7# C<4th at
    334a-33.)
    < single crediAle threat of violence may Ae sufficient to estaAlish a li5elihood of future harm) City of
    *an Bose v @arAett (#%"%' "9% C<4th .#, .4#a-.43, ""& C+3d 4#% (respondent unsuccessfully
    argued that he did not aKrepeat any alarming conduct or ma5e any threatening statement ) ) ) to
    anyoneab after the statement to the employee, and therefore, the evidence of future harm Cas
    insufficient')
    A) LK#%)4#M Duration of 7nEunction
    7n the discretion of the court, an order issued after notice and hearing may have a duration of up to
    three years) CC; K.#7)&(5'("') 8oCever, these orders are suAEect to modification or termination (see
    K#%)43', and reneCal (see K#%)44')
    c) LK#%)43M 9odification or /ermination of 7nEunction
    <n order issued after notice and hearing may Ae terminated or modified Ay order of the court either
    on Critten stipulation filed Cith the court or on the motion of a party) CC; K.#7)&(5'("')
    7f an action is filed for the purpose of terminating or modifying a protective order Aefore the
    e1piration date specified in the order Ay a party other than the protected party, the party Cho is
    protected Ay the order must Ae given notice of the hearing for modification or termination Ay personal
    service (see CC; K"%%.(A'' or, under specified circumstances, Ay service on the *ecretary of *tate)
    CC; K.#7)&(5'(3') 7f the party Cho is protected Ay the order cannot Ae notified prior to the e1piration
    date, the court must deny the motion to modify or terminate the order Cithout preEudice or continue
    the hearing until the party Cho is protected can Ae properly noticed and may, on a shoCing of good
    cause, specify another method for service of process that is reasonaAly designed to afford actual
    notice to the protected party) CC; K.#7)&(5'(3') /he protected party may Caive his or
    #%a-#9 Civil 8arassment and ?or5place!;ostsecondary *chool -iolence K#%)4
    her right to notice if he or she is physically present in court and does not challenge the sufficiency of
    the notice) CC; K.#7)&(5'(3')
    d) LK#%)44M +eneCal of 7nEunction
    <n order issued after notice and hearing may Ae reneCed, on the re3uest of a party, for a duration of
    not more than three years, Cithout a shoCing of any further harassment since the issuance of the
    original order, suAEect to termination or modification Ay further order of the court either on Critten
    stipulation filed Cith the court or on the motion of a party) CC; K.#7)&(5'("') /he re3uest for reneCal
    may Ae Arought at any time Cithin the three months Aefore the orderacs e1piration) CC; K.#7)&(5'("')
    7f no e1piration date is indicated on the order, the order has a duration of three years from the date of
    issuance) CC; K.#7)&(5'(#')
    /he petitioner must use Budicial Council form ?-27%% to re3uest a reneCal of the order) /he court
    must use ?-27"% to issue a notice of a hearing to reneC the restraining order) 7f the respondent
    Cishes to ma5e a Critten response to the re3uest to reneC the restraining order, he or she must use
    Budicial Council form ?-27#%) <nd the courtacs grant or denial of a reneCal re3uest must Ae made on
    Budicial Council form ?-273%)
    e) LK#%)4.M ;ersons Covered
    $n a shoCing of good cause, the court has the discretion to issue an inEunction that includes other
    named family or household memAers, or other persons employed at any of the employeeacs
    Cor5places) CC; K.#7)&(d')
    7) LK#%)4M /ransmission of $rder to 6aC (nforcement <gencies
    - 103-
    1
    2
    /he court must order the petitioner or the petitioneracs attorney to deliver a copy of an order issued
    under CC; K.#7)&, or reissuance, e1tension, modification, or termination of the order, and any
    suAse3uent proof of service, Ay the close of the Ausiness day on Chich the order, reissuance,
    e1tension, modification, or termination Cas made, to each laC enforcement agency having
    Eurisdiction over the residence of the petitioner and to any additional laC enforcement agencies
    Cithin the courtacs discretion as are re3uested Ay the petitioner) CC; K.#7)&(3'(#')
    <lternatively, the court or its designee must transmit, Cithin one Ausiness day, to laC enforcement
    personnel all information re3uired under 0am C K3&%(A' regarding any order issued under CC;
    K.#7)&, or a reissuance, e1tension, modification, or termination of the order, and any suAse3uent
    proof of service) CC; K.#7)&(3'(3')
    K#%)47 California Budges Benchguide #%a-3%
    &) LK#%)47M -iolation of 7nEunction
    /he penalties for any intentional disoAedience of any /+$ or inEunction granted under CC; K.#7)&
    are the same as for any Cillful disoAedience of a /+$ or an inEunction granted under CC; K.#7))
    *ee CC; K.#7)&(s'= discussion in K#%)#9)
    9) LK#%)4&M *tatuteacs (ffect on $ther +emedies
    /he /+$ and inEunction availaAle under CC; K.#7)& are in addition to Chatever other remedies the
    employer or affected employee may have against Cor5place violence) City of ;alo <lto v *ervice
    (mployees 7ntacl :nion (#%%%' 77 C<4th 3#7, 33, 9" C+#d .%%)
    :sing Q8orm *%0 <pplication for /emporary $rder for ;rotection <gainst 8arassment in the
    ?or5placeY from the Nevada *upreme Court4s selection of QmandatoryY forms availaAle online,
    Ging filed a "#!#%!"# on application Chich read:
    Q<;;67C</7$N 0$+ /(9;$+<+> $+D(+ 0$+ ;+$/(C/7$N <@<7N*/
    8<+<**9(N/ 7N /8( ?$+G;6<C( (N+* 33)#.%'
    8<+<**9(N/ 7N /8( ?$+G;6<C(S :nder N+* 33)#4%, harassment in the
    Cor5place occurs Chen:
    /, ( person "no!ingy threatens to cause or commits an act that causesD
    $a& *odiy in6ury to himsef or another personL
    $#& <amage to the property of another personL or
    $c& Su#stantia harm to the physica or menta heath or safety of a personL
    3, The threat is made or the act is committed against an empoyer, an empoyee of
    the empoyer !hie the empoyee performs his duties of empoyment or a person
    present at the !or"pace of the empoyerL and
    0, The threat !oud cause a reasona#e person to fear that the threat !i #e
    carried out or the act !oud cause a reasona#e person to fee terroriRed,
    frightened, intimidated or harassed
    COMPLETE TCE <;;67C</7$N /$ /8( B(*/ $0 >$:+ GN$?6(D@()
    7 state the folloCing facts under penalty of perEury: (Ao1 is chec5ed' 7 am the authoriIed agent of the
    employer)
    Q7 reasonaAly Aelieve that the <dverse ;arty has threatened or
    committed an act or act(s' of harassment in the Cor5place as
    - 104-
    1
    2
    defined aAove) /he event(s' occurred as folloCs: N$/(: B(
    *;(C707C <* /$ ?8$ /8+(</(N(D $+ C$997//(D
    ?8</ <C/ $+ <C/* <ND <@<7N*/ ?8$9) 7ND7C</(
    <;;+$U79</( D</((*' <ND 6$C</7$N(*') A.#O
    .,#T #"C,1,C "-.O/""@#AK"R#O$@#A R"#"$T
    AT T>" 4OR6.AC" 4>O AR" T>" 1OCL# O1 T>"
    >ARA##-"$T OR 4>O- T>" A!0"R#" ART/
    #>OL.! '" !,R"CT"! $OT TO CO$TACT) /87*
    0$+9 7* < ;:B67C +(C$+D (in the Alan5s thereafter
    folloCing Ging has handCritten in':
    #ee #ummary contained in ";hibit 7 including
    e;hibits H7AGM H7!G)'
    N$/(: ;6(<*( D$ N$/ ?+7/( $N /8( B<CG* $0
    <N> ;<@(*= C>"C6 'ON ,1 /OL AR" L#,$I
    A!!,T,O$A. AI"#( Check if you use a continuation
    page @to be incorporated by referenceA @#ee ";hibitAG
    NOTICE -EH+I-EMENTS 7 have given notice of this <pplication to the <dverse ;arty
    Ay the folloCing method(s': (2mail) Date: DecemAer "9
    th
    , #%"#) /ime: 3:3%) 7 have not received
    confirmation)
    .ENE-(L IN8O-M(TION
    ") a' /his matter does not have to Ae reported to laC enforcement= hoCever, has a related
    report ever Aeen filedF (there is a chec5 in the QNoY Ao1) (;lease complete information, if 5noCn)
    >ou may attach availaAle copies' <ppro1imate date of report(s': [[[Name(s' of laC
    enforcement agencies:[[[ Case numAer(s':[[[
    A' 0or purposes of this form, a Q/;$ <ctionY is defined to include the folloCing 9ustice Court
    actions:
    ("' (n Order for Protection (gainst Sta"ing and Carassment $N-S 344,71/&=
    (#' <n $rder for ;rotection of Children (N+* 33)4%%'=
    (3' <n $rder for ;rotection <gainst 8arassment in the ?or5place (N+* 33)#7%') < Q/;$ <ctionY is
    also defined to include the folloCing 9ustice28amiy2<istrict action:
    (a' <n $rder for ;rotection <gainst Domestic -iolence (N+* 33)%#%'
    Pease Chec" the (ppropriate *o' *eo!D
    (this Ao1 is chec5ed Ay Ging' 7n the last # years, <pplicant or any party see5ing protection has
    not filed a /;$ action against the <dverse ;arty anyChere in the *tate of Nevada, and the <dverse
    ;arty has not filed a /;$ action against <pplicant or any party see5ing protection anyChere in the
    *tate of Nevada) against <pplicant or any party see5ing protection anyChere in the *tate of Nevada)
    (this Ao1 is not chec5ed Ay Ging' 7n the last # years, the folloCing /;$ action(s' in the *tate
    of Nevada have Aeen filed involving <pplicant and the <dverse ;arty: Case ] (if 5noCn'[[[ Court
    (Bustice!0amily' [[[[;lace of 0iling [[[<ppro1) Date 0iled[[[ $utcome (/;$ granted, denied,
    rescinded, etc)'[[[
    #) a' (mployerRs name (if applicaAle, d!A!a': *tate Bar of NevadaA' /he Cor5place is located in, and
    the employees primarily perform their duties at the folloCing address: 94. DouAle + Blvd) , *t) B,
    /oCn!City of +eno, County of ?ashoe, *tate of Nevada ;hone ]:77.23#924"%%, 77.23#&,"3&#,77.2
    3#&2"3&4)
    3) ) ;6(<*( C8(CG /8( <;;+$;+7</( B$U((*' B(6$?, 70 <;;67C<B6() (this Ao1 is left
    - 105-
    1
    2
    unchec5ed' (mployee(s' also Cor5 at the additional specific locations that need to Ae enumerated in
    the $rder: *treet <ddress: /oCn!City of , County of [[, *tate of [[[ ;hone ]:[[[ *treet <ddress:[[[
    /oCn!City of [[[, County of [[, *tate of [[ ;hone ]:[[[ (7f you Cish to designate more specific
    addresses, please list them in this format on a separate sheet)' (Ao1 is left unchec5ed' /he employees
    perform their duties stateCide) (Ao1 is left unchec5ed' $ther comments on locations Chere protection
    is needed:
    4) <uthoriIed agent for employer: ;atric5 $) Ging .) ;hone numAer for authoriIed agent: 77.23#&2
    "3&3
    ) 7s employer represented Ay an attorneyF >es) <ttorney name: ;atric5 $) Ging Bar ]: .%3.
    94. DouAle + Blvd) , *t) B, /oCn!City of +eno) ;hone ] for attorney: 77.23#&2"3&4 0a1 ] for
    attorney: 77.23#924"%%)
    7) <re there additional safety concerns that the Court should 5noC (i)e), firearms, dangerous
    conditions, haIardous premises, nature of Ausiness, etc)'F e >es e No (neither Ao1 is chec5ed
    Ay Ging'
    7f yes, please Ariefly e1plain: [[[)
    7- *ave there been any other &ourt actions or any other relationships between the employer
    and the )dverse "arty8 %es-
    5f yes, please describe9 Discipline 8earing held ""!"4!#%"#)
    -ELIE8 -EH+ESTE<
    I TCE-E8O-E -EH+EST that a /emporary $rder for ;rotection <gainst 8arassment in the
    ?or5place Ae issued against the <dverse ;arty so that the <dverse ;arty Cill Ae prohiAited from
    contacting, intimidating, threatening, or otherCise interfering Cith the employerRs Ausiness and!or its
    employees and!or any person present at the Cor5place, and that the <dverse ;arty Cill Ae ordered to
    stay aCay from the employerRs Cor5place) 7 also re3uest that the Court prohiAit the <dverse ;arty
    from violating this $rder via e2mail, correspondence, telephone, or Ay an agent)
    I 8+-TCE- -EH+EST the folloCing other conditions:[[[[(left Alan5') 7 0:+/8(+
    +(J:(*/ that this Court set a hearing date for an (1tended $rder as soon as possiAle) e >es e No
    (N$/(: neither Ao1 Cas chec5ed on the copy of the application 6aura ;eters emailed to Coughlin on
    "#!"9!"#, hoCever, the version the *BN filed did chec5 the Q>esY Ao1 re3uesting a hearing date for
    an (1tended $rder as soon as possiAle'
    ,f yes, complete the Application for ";tended Order for rotection Against >arassment in
    the 4orkplace) NOTED TCIS CE(-IN. @ILL *E CEL< @ITCIN TEN $/4& 9+<ICI(L
    <(YS P+-S+(NT TO N-S 00,3E4$B&$c&, +NLESS COMPELLIN. -E(SONS -EH+I-E
    OTCE-@ISE,Y)
    <ECL(-(TION $N-S 70,457&
    I <ECL(-E +N<E- PEN(LTY O8 PE-9+-Y +N<E- TCE L(@ O8 TCE ST(TE O8
    NE;(<( TC(TD $/& I (M TCE EMPLOYE- O- (+TCO-IME< (.ENT CE-EIN, $3& I
    C(;E -E(< TCE ST(TEMENTS CONT(INE< CE-EIN O- C(;E C(< TCEM -E(<
    TO ME, $0& I *ELIE;E TCESE ST(TEMENTS TO *E T-+E, (N< $5& TCE -EH+ESTE<
    O-<E- IS NEE<E<,
    <atedD <ecem#er /1, 34/3, 2s2 Patric" O, Iing $SI.N(T+-E&) ;atric5 $) Ging (;+7N/
    N<9('Y
    7t is important to note that the *BN4s 6aura ;eters emailed Couglin a version of the /;$
    <pplication that Cas materially different than the one it utlimately filed in that on page of of
    0orm B23 (the "#!#%!"# /;$ <pplication', the version ;eters emailed Coughlin did not chec5 the 7
    0:+/8(+ +(J:(*/ that this Court set a hearing date for an (1tended $rder as soon as possiAle) e
    >es e No (N$/(: neither Ao1 Cas chec5ed on the copy of the application 6aura ;eters emailed to
    Coughlin on "#!"9!"#, hoCever, the version the *BN filed did chec5 the Q>esY Ao1 re3uesting a
    hearing date for an (1tended $rder as soon as possiAle') 0urther, the *BN never actually filed the
    (;$ <pplication that one is directed to (Ay the form' and re3uired to (under the statute'
    0urther, Ging4s QD(C6<+</7$NY on page thereof fails to actually identify Eust Chom it is
    that Ging is apparently the Q<:/8$+7Z( <@(N/Y of, ie, Chether it Ae he is the *BN4s authoriIed
    agent or, perhaps, the authoriIed agent of some particular employee (even himself' for Chich he
    see5s to file such application) *uch lac5 of specificity fails to satisfy the Eurisdictional prere3uisite
    - 106-
    1
    2
    presented in N+* 33)#.%("' Chere such re3uires Ging specify that he is the QauthoriIed agent of the
    employerY)
    Perhaps the #iggest faiure of Iing's TPO appication resides !here it competey fais to
    identify anything sufficient to meet the re>uirements of N-S 00,374$3&$c&, !hich re>uires that
    such :)erified appication must incuded, !ithout imitationD :$c&J( detailed description of the
    events that allegedly constituted harassment in the wor,place and the dates on which these events
    occurred)Y
    < feC glaring proAlems Cith Ging4s application appear Chere he fails to list any other location
    for the *BN Aeyond its +eno office) <s such, Could that not imply Coughlin is permitted to call,
    email, fa1, or venture to the 6as -egas main office of the *BNF 0urther, Ging lists the main phone
    numAer of the *BN under the Qfa1 numAerY section, and completely fails to list the Northern $ffice
    of the *BN4s fa1 numAer at all, Chich could Ae ta5en as an e1clusion thereof from those numAers to
    Chich Coughlin Cas, apparently not to QcontactY the *BN Ay fa1)))8oCever, given that Chair
    (cheverria4s oCn use of the term QcontactY in his ""!"!"# $rder Could, to Ae legal, necessarily need
    to at least alloC for Coughlin to oAtain a transcript of the ""!"4!"# formal disciplinary hearing under
    the procedures set out in *C+ ""9, Chich re3uire Coughlin to
    :SC- -ueJ//1,JJ(dditiona rues of procedure,
    /,JJ-ecord,JJThe record of a hearing shall be made available to the attorney at the attorneyJs
    e;pense on request made to bar counsel(((
    0,JJOther rues of procedure,JJE'cept as other!ise pro)ided in these rues, the $evada
    Rules of Civil rocedure and the $evada Rules of Appellate rocedure apply in discipinary
    cases,=
    ;erhaps QCler5 of CourtY!;aralegal!7nvestigator 6aura ;eters is not aCare of N+C; .#, or
    N+C; .9, or N+C; %, or DC+ "3(7', etc), etc), or N+<; "%, and N+<; "", or all the other various
    reasons Chy opposing counsel and the Qfiling officeY of the *BN Could necessarily continue to
    :have business= (Chich Could, oAviously, involve Coughlin QcontactingY the *BN, the Cler5 of
    Court of the Northern $ffice of the *BN, and the $ffice of Bar Counsel, in addition to the NNDB
    and ;anel' to conduct even after the ""!"4!"# hearing, and even after the "#!"4!"# entry of the
    ;anel4s Q0indings of 0act= Conclusions of 6aCY Chich lac5s any indication in the title thereof that it
    is a :decision= sufficient to invo5e *C+ "%.(3'4s procedural mechanisms) (7t is ironic, that lac5 of
    congruity AetCeen the title of the "#!"4!"# 0$0C$6 and the 0$0C$6 citing to 8ill and Budge
    8olmes criticisms of Coughlin4s Cor5 to the effect that the titles of his filings, at times, Aore little to
    no relation to the content therein') 0urther, the transcript of the ""!"4!"# formal disciplinary hearing
    itself estaAlishes that Chair (cheverria granted Coughlin his re3uest to file post2hearing Ariefs on
    various issues)
    SC- /47,,,$0&,JJ-e)ie! #y supreme court,
    $a&JTime and manner of appea,JJ( decision of a hearing panel shall Ae served on the
    attorney, and service shall Ae deemed Notice of (ntry of !ecision for appeal purposes) (1cept as
    provided in +ule "%.(3'(A', a decision is final and effective 3% days from service, unless an appeal
    is ta5en Cithin that time) /o the e1tent not inconsistent Cith these rules, an appeal from a decision
    of a hearing pane sha be treated as would an appeal from a civil judgment of a district court
    and is governed by the $evada Rules of Appellate rocedure,
    $#&J<e no)o re)ie! of pu#ic discipine,JJ,,,a decision recommending))) disAarment shall Ae
    automatically revieCed Ay the supreme court) +evieC under this paragraph shall Ae commenced
    Ay Aar counsel forCarding the record of the hearing panel proceedings to the court Cithin 3%
    days of entry of the decision)))
    /he attorney and Aar counsel shall have 2: days from the date the supreme court
    acknowledges receipt of the record within which to file an opening brief or otherCise advise the
    court of any intent to contest the hearing panelRs findings and recommendations) 7f an opening
    Arief is filed, briefing shall thereafter proceed in accordance with $RA 27@aA) ";tensions of
    time to file briefs are disfavored and will only be granted upon a showing of good cause) /he
    parties shall not Ae re3uired to prepare an appendi1, Aut rather shall cite to the record of the
    disciplinary proceedings)))Y
    4)ZZRules of procedure)ZZ/he chairs, after consulting Cith their respective disciplinary
    Aoards, may adopt rules of procedure, suAEect to approval Ay the Aoard of governors)Y
    SC- -ueJ/34,JJCostsL #ar counse confict or dis>uaification,,,,
    - 107-
    1
    2
    3,JJIf, for any reason, #ar counse is dis>uaified or has a confict of interest, the #oard of
    go)ernors sha appoint an attorney, ad hoc, to act in the pace of #ar counse,
    0urther, Ging clearly needs to Ae removed from #337 and %7 in light of not only *C+ +ule
    "#%, Aut also in light of the dictates of +;C 3)7:
    Q +uleZ3)7)ZZ6aCyer as ?itness)
    (a'Z< laCyer shall not act as advocate at a trial in Chich the laCyer is li5ely to Ae a necessary
    Citness unless:
    ("'Z/he testimony relates to an uncontested issue=)))Y
    Ging4s QtestimonyY aAsolutely does relate to a contested issue, many of them, as further
    detailed herein, including, Aut not limited to, the insufficiency of postage the *BN affi1ed to the
    "%!9!"# Notice of 7ntent to /a5e Default in the *C+ "%. disciplinary matter Cherein the *BN and
    NNDB so egregiously overstepped to Eurisdiction accorded it Ay *C+ """(&' and the Court4s !7!"#
    $rder in %&3&)
    /hereafter, as is Ging4s consistent practice, he fails to attach an 7nde1 to (1hiAits or any cover
    pages to his various Qe1hiAitsY) 0urther, Chile the first page folloCing the last page of the Q0rom B2
    3Y "#!#%!"# /;$ <pplication Aares a heading of Q(1hiAit "Y, it is not clear Chether Q(1hiAit "Y is a
    Aroad heading encompassing the 39 pages therafter or some lesser portion thereof) /here is nothing
    to indicated any particular aspect of the e1hiAits folloCing the application is a Q*ummaryY as
    referenced on page # of the application) /he first tCo pages of the 39 page (1hiAit " consists of Eust
    over one page of an unsCorn, unattriAuted, recounting of mostly irrelevant (relating largely to non2
    *BN employee4s of the ?ashoe County ;uAlic Defender or of the ;anel Chair assigned to Coughlin4s
    formal disciplinary hearing Ay the Northern Nevada Disciplinary Board, Chich is not a part of the
    *BN' details largely consisting of unattriAuted hearsay and douAle unattriAuted douAle hearsay,
    Chich refers to Ging in the third person)))leading one to Conder Eust Chom Crote such statement)
    0urther, Chile Ging4s application fails to satisfy N+* 33)#.%(#'(c'4s re3uirements, its failure to come
    any Chere near to satisfy any reasonaAle Aurden of proof divined from a reading of N+* 33)#7%("' in
    a free and Eust society ma5es void Aoth the /;$ and (;$ issued herein) (N+* 33)#7%("', Chich
    re3uires: Q/he court may issue a temporary order for protection against harassment in the Cor5place
    if it appears to the satisfaction of the court from specific facts shoCn Ay a verified application filed
    pursuant to N+* 33)#.% that harassment in the Cor5place has occurred)Y *uch a shoCing that
    Qharassment in the Cor5place has occurredY re3uires an application and analysis of:
    QN+*Z33)#4%ZZ(cts that constitute harassment in !or"pace,JJCarassment in the
    !or"pace occurs !henD
    ")ZZ< person knowingly threatens to cause or commits an act that causes:
    (a'ZBodily inEury to the person or another person=
    (A'ZDamage to the property of another person= or
    (c'Z*uAstantial harm to the physical or mental health or safety of a person=
    #)ZZ/he threat is made or the act is committed against an employer, an employee of the
    employer Chile the employee performs the employeeRs duties of employment or a person present at
    the Cor5place of the employer= and
    3)ZZ/he threat Could cause a reasonable person to fear that the threat Cill Ae carried out
    or the act Could cause a reasonaAle person to feel terroriIed, frightened, intimidated or harassed)Y
    (ven if a court Cere to vieC all of that Chich is contained in the 39 page Q(1hiAit "Y to Ging4s
    "#!#%!"# /;$ application as QverifiedY (Chich, clearly, it is not', nothing asserted therein suffices to
    constitute harassment in the Cor5place under N+* 33)#4% for a multitude of reasons) $ne, nothing
    contained therein provides any support for the vieC that Coughlin Q5noCinglyY did anything that
    could Ae said to Qthreaten to cause or or commit and act that causes any of the ills detailed in N+*
    33)#4%(a'2(A', and neither the "#!#%!"# /;$ $rder or the "!4!"3 (;$ $rder specify in any Cay
    Chatsoever Eust Chich, if any, of those suAsections the court found to have Aeen dispositive as to)
    - 108-
    1
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    /here has Aeen aAsolutely no assertion Ay anyone that Coughlin actually committed any act Chich
    cause any Aodily inEury to anyone or damage to anyone4s property) $nly to most attenuated
    hypchondriac, histrionic fit throCer Could assert Coughlin committed any act sufficient to have
    already caused QsuAstantial harm to the physical or mental health or safety of a personY)
    *o, one must assume that the court4s Eustification for issuing Aoth the /;$ and (;$ Cas Aased
    upon a finding that Couglin threatened to cause: QAodily inEury to the person or another person, or,Z
    damage to the property of another person= or, suAstantial harm to the physical or mental health or
    safety of a person
    Neither /;$s nor (;$s may Ae granted on a default Aasis) (ven if an adverse party fails to
    oppose any such application or attend any such hearing, the court is still re3uired to evaluate Chether
    the re3uirements of N+* 33)#4%, 33)#.%, and 33)#7% are met)
    *o, Eust Chat, if anything in Ging4s /;$ application may suffice to meet those standardsF
    <gain, nothing, as the & page application is completely devoid of any factual assertions, much less
    any Cith any degree of specificity, and nothing in any part of the 39 page (1hiAit is QverifiedY
    sufficient to satisfy N+* 33)#.%) (ven had such (1hiAit " in its entirety Aeen sufficiently verified,
    nothing therein satisfies those standards either) ?hat possiAly couldF
    http:!!en)Ci5ipedia)org!Ci5i!Cape[0ear[("99"[film'
    Ging4s 39 page Q(1hiAit ", including (1hiAit Q"<Y2Q"DYY folloCs:
    DE'hi#it /
    $n NovemAer "4, #%"#, the $ffice of Bar Counsel held a disciplinary
    hearing at its +eno office with two sheriff personnel in attendance as a measure of
    protection) <s a result of the hearing the panel unanimously agreed to permanently
    disbar 9r) Coughlin from the practice of laC) $n 0riday, DecemAer "4, #%"# the
    ;anel4s $rder Cas filed and copies Cere mailed to 9r) Coughlin Aoth Ay regular and
    certified mail)
    9r) Coughlin continues to make repeated calls to the #tate 'ar demanding
    copies and information) 8e is getting increasingly antagonistic and will not listen to
    our attempts to reason with him) /his morning he announced that he D!oud #e
    there in /7 minutesD 5t is our fear that if he shows up we won0t be able to get rid of
    him 2 Ce are not aAle to satisfy his demands and that Eust seems to aggravate the
    situation) 8e has shown up after hours presumably to file documentsB eventually he
    has used the mail slot for the documents but has sat in his car in front of the office
    flashing his lights to get attention) Empoyees ha)e #een afraid to ea)e and, on a
    coupe of occasions, the poice ha)e #een caed % !e don't "no! if they ha)e
    sho!n up #ecause once he ea)es, !e ea)e, $n one particular occasion, a female
    employee Cas in the office alone) -r( Coughlin knocked on her window and
    gestured to the front door so he could gain access to the building) (ventually the
    employee Cas aAle to get him to leave and the police were called but did not arrive
    before -r( Coughlin left the premises)
    /his past 9onday <ssistant Bar Counsel ;at Ging did dispatch the poice
    #ecause Mr, Coughin again announced that he was coming to the office % t!o
    officers did sho! up and one was dispatched to the anel Chair5s office (943#
    DouAle + Blvd)' #ecause Coughin has aso threatened and intimidated 9ohn
    Eche)erria's office staff, @hen Coughin caed the Eche)erria a! firm that
    particuar day he stated that he needed some Nface timeN !ith 9ohn) Mr- :ing
    - 109-
    1
    2
    has received numerous e2mails detailing Chat 9r) Coughlin perceives to Ae a
    miscarriage of Eustice in his discipline matter and has indicated that he Cill De;pose
    him as a liar and a fraudD)
    7n a etter dated No)em#er E, 34/3, prior to the discipine hearing, the
    Office of *ar Counse sent Mr, Coughin a etter as"ing that he refrain from
    coming to the #tate 'ar offices without calling beforehand) $n No)em#er /E,
    34/3, after the discipine hearing, the anel Chair issued an Order instructing
    Mr, Coughin to refrain from contacting any mem#er of the Pane, the Court
    -eporter $whom -r( Coughlin had contacted by phone at her residence&, any of
    the Pane Chair's office staff, or either office of the State *ar of Ne)ada)
    $n one occasion, an e%mai !as sent to se)era recipients, incuding four
    $5& empoyees of the State *ar, !hich incuded a in" to a )ioent scene from the
    mo)ie NCape 8earN) (he #tate 'ar feels that this is a direct suggestive threat to
    office staff and 'ar personnel ) /herefore, the State Bar re;uests that a ;rotective
    $rder Ae and that 9r) Coughlin Ae prohiAited from contacting the Bar4s +eno andKor
    .as 0egas Office Ay telephone, by eMmail or by fa;) Because he is currently
    temporarily suspended from the practice of laC and his disciplinary hearing has
    concluded -r( Coughlin has no business on #tate 'ar property (94. DouAle +
    Blvd or %% () Charleston Blvd), 6as -egas, N-') /he record of his disciplinary
    matter !i soon #e su#mitted to the Ne)ada Supreme Court for a de novo review
    at !hich time he will receive a complete set of all of the pleadings, both filed and
    unfiled, in this matter)
    7t shoud #e noted that the State *ar and its -eno staff find it very
    difficult to work under these conditions, Mr, Coughin continues to monopoliEe our
    time and resources and is causing an unnecessary amount of stress)D
    (N$/(: the aAove Q*ummaryY fails to indicate Coughlin is causing QfearY of that
    re3uired Ay N+* 33)#4%, Aut rather that Qthe *tate Bar and its renot staf find it very
    difficult to Cor5 under these conditionsY (such as Coughlin re3uesting copies of
    documents, see5ing the copy of the record!transcript of the ""!"4!"# proceeding that
    he is entitled to under *C+ ""9, Chich re3uires that he QcontactY Bar Counsel to
    oAtain such, Chich Coughlin attempted to do on numerous occasions immediately
    after the ""!"4!"# disciplinary hearing Aoth Ay telephone and in Criting, Chich the
    Bar and Ging failed to respond to until "#!"9!"#, Cith Chair (cheverria4s ""!"7!"#
    $rder seemingly void in that it, depending on one4s interpretation of QcontactY or
    QcontactingY Could have precluded Coughlin from so see5ing a copy of the transcript
    pursuant to *C+ ""9 Chere such ""!"7!"# $rder readsY) 0urther, it appears that
    6aura ;eters herself from the Q*ummaryY Chich Could not only vitiate any Qfirst
    handY 5noCledge re3uirement Aeing met even assuming the illogical leap to
    incorporate Ay reference that contained in (1hiAit " is made, despite the failure of
    Ging4s Declaration on page & of his /;$ <pplication to so incorporate or even
    reference such materials, and the failure of Ging to chec5 the Ao1 on page #
    (applicants are directed to do so if the Cish to Qincorporate Ay referenceY that
    contained in the QmandatoryY Q0orm B24Y QContinuation ;ageY, Chich itself contains
    language specifically Qincorporating Ay referenceY that Chich is contained therein on
    - 110-
    1
    2
    such QContinuation ;ageY into the <pplication itself sufficient to ma5e the contents of
    such QContinuation ;ageY QverifiedY in compliance Cith N+* 33)#.%)
    /his is not a case of a pros se non2attorney filling out the application,
    or presumaAly, even, the Q*ummaryY included in in Q(1hiAit "Y of Ging4s application)
    <s such, Ging must Ae held to the technical re3uirements of the statutes, include N+*
    33)#.% and N+* ".
    (1hiAit "< consists of an ""!7!"# letter from Ging to Coughlin, Chich reads:
    QDear 9r) Coughlin: >esterday you arrived at the *tate Bar office after
    .:%% p)m) to file several documents) ?hen you discovered that the front door Cas
    loc5ed, and although there is a mail slot in the door, you elected to Cal5 around the
    outside of the Auilding until you found someone inside) >ou stood outside an
    employee4s CindoC, got her attention and as5ed to he let in) /his employee unloc5ed
    the door and too5 receipt of your documents after Chich you continued to as5 further
    assistance)
    >our Aehavior is Aecoming increasingly disturAing and harassing)
    /herefore, e1cept for your formal hearing, Chich Cill ta5e place on NovemAer "4,
    #%"#, Aeginning at &:4. a)m), you are not to arrive at the +eno $ffice of the *tate Bar
    unannounced) 7f you have papers or pleadings to present tor filing, you are hereAy
    instructed to either mail them or to call the office (3#924"%%' prior to your arrival)
    ;lease Ae advised that if you appear at the *tate Bar in the future, e1cept for the
    NovemAer "4, #%"#, hearing or in the case of your need to li7e a document (f$f
    Chich you must call ahead', the police Cilt Ae summoned immediately) *incerely, !s!
    ;atric5 $) Ging, (s3) <sst Bar CounselY
    (1hiAit "B consists of NNDB ;anel Chair Bohn (cheverria4s ""!"!"# $rder in QCase
    No: N@"#2%#%4, N@"#2%434, and N@"#2%43.Y, Chich reads:
    Q7t has come to the attention of the ;anel Chair that Zachary B)
    Coughlin (D+espondentD' has Aeen contacting the +eno and 6as -egas $ffices of Bar
    Counsel, the ;anel Chair4s laC office and the Court +eporter Cho recorded the
    disciplinary proceedings at the *tate Bar office)
    /herefore, 7/ 7* 8(+(B> $+D(+(D:
    /hat +espondent immediatey cease and desist contacting anyone at
    the *tate , Bar offices, the ;anel Chair, the panel chair4s staff, any of the ;anel
    9emAers or their staffs, or the Court +eporter including her employer, *unshine
    +eporting Chile this matter 7* pending decision +espondent is hereAy reminded that
    the ;anel Cill Ae deliAerating at a future date and may ta5e this conduct into
    consideration)
    D</(D this "
    th
    day of NovemAer, #%"#) Ay Bohn ;) (cheverria, (s3),
    Chair, 0ormal 8earing ;anelY) (/he Certificate of *ervice attached thereto is signed
    Ay Q6aura ;eters, an employee of the *tate Bar of NevadaY
    (1hiAit Q"CY consists of the tCenty2four page "#!"4!"# 0$0C$6 in QCase No:
    N@"#2%#%4, N@"#2%434, and N@"#2%43.Y) 7t does not contain a single assertion of any
    threatening on Coughlin4s part, so it is rather unclear Chy Ging felt it appropriate to attach it
    - 111-
    1
    2
    to his "#!#%!"# /;$ <pplication in %7) *imilarly, Ging and ;eters felt it appropriate to
    attach filings in %7 to their initial attempt at an +ecord on <ppeal in #337 of "#!#4!"#, Aut
    apparently Cere either scolded for doing so or thought Aetter of it (li5ely the former' and
    refrained from including any such materials in their second attempt to file a someChat
    professional, competent, and ethical +$< on #!"3!"3)
    (1hiAit Q"DY consists of a printout of a CeApage at CCC)harm)com (ie, not even the
    url lin5ed to in the email Ging alleges Coughlin sent to various individuals (including some,
    li5e Coughlin4s then ?ashoe County ;uAlic Defender, Bim 6eslie, Chom then forCard that
    same email to individuals listed amongst the recipients of the original email itself (ie, the
    *BN4s Ging', in a class 6eslie2style Ait of pointless, insipid melodrama, along the lines of his
    adoraAle EiAAerish stylings such as the phrase Qhand2off transmittalY, Chich he originally
    fashioned in his resistance to Aeing stuc5 Cith the digital accountaAility attendant to email a
    client their discovery, versus, Chat 6eslie and his Eunior associate ?C;D Biray Dogan, are
    Cont to do, Chich is have Dogan he himself handed the client his discovery several Cee5s
    prior, only to change his story a couple minutes later to say he saC 6eslie hand it to the
    client, only to have 6eslie then idiotically email the client and indicate that the client failed to
    ever pic5 it up, and identifying such as discovery of a 7!#7!"# date, Chile failing to e1plain
    Chy neither 6eslie nor Dogan released to there then former client Coughlin the &!"3!"# and
    &!"7!"# updated 9"" call discovery discs propounded to them Ay ?CD< Zach >oung Chile
    Dogan and 6eslie Cere still QrepresentingY Coughlin (ie, 6eslie ta5ing over @oodnight and
    Dogan4s cases, and in an attempt to get a raise, setting out to purposefully deliver the
    cheapest, 3uic5est, convictions of Coughlin in all three of the Aaseless, retaliatory
    prosecutions Arought Ay the ?CD<4s $ffice after 6eslie had succeeded in depriving
    Coughlin of his right to accept a plea Aargain disposing of all three matters then pending on
    &!#7!"#, Chich Could have resulted in no *C+ """(' convictions in any of those matters)
    @etting Aeyond the fact that the printout of a page Cith an audio clip only (played
    over a still frame photo of actor +oAert De Niro in a placid stance' comes from a different url
    than the one included in the "#!"#!"# email Ging largely Aasis his decision to see5 a /;$ and
    an (;$ on, such audio only file and the 3uotation transcriAed Aeneath it contain the
    folloCing Ait of dialogue from the "99" rema5e Ay 9artin *corsese of the film QCape 0earY:
    Q7 ain4t no Chite trash piece of sh^t) 74m Aetter than you all) 7 can out leam you) 7 can out read
    you) 7 can outthin5 you, and 7 can out philosophiIe you) <nd 74m going to outlast you) >ou
    thin5 a couple of Chac5s to my good old Aoy guts gonna get me doCnF 7fs going to ta5e a
    hell of a lot more than that, Counselor, to prove you4re Aetter than me_ 9a1 loo5s around in
    an attempt to find Chere *am is hiding)Y (the CeA page is adorned Cith a numAer of lin5s to
    other materials and advertisements as Cell')
    (1hiAit Q"DY continues on Cith a "#!"3!"# email from ;at Ging to QoAc= GimAerly
    0armer= fflaherty`dlpfd)com= David Clar5Y printed from 6aura ;eters email account as,
    apparently, Ging4s forCarding an email he received from Couglin4s then ?C;D Bim 6eslie
    (Chich itself forCards to Ging and email 6eslie alleges Coughlin sent to 6eslie, Chich, as
    6eslie Could necessarily Ae aAle to discern from reading a list of the recipients such email
    purports to Ae addressed to, Cas also addressed to ;at Ging, ma5ing 6eslie forCarding such
    to Ging rather redundant, apparently') /he email from Ging that ;eters printed out via her
    9icrosoft $utloo5 utility reads:
    - 112-
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    2
    Q*uAEect: 0?: /he /hree (4s=Ccpd failure to provide essential 9" call cd discovery of &!"3!
    and &!"7, #%"# to Coguhlin in rcr#%"#2%.3%
    /his attorney feels that his laC firm staff Cas threatened Ay Zach Coughlin) 7 am
    concerned for our staff) ;lease advise) ;atric5 GingY
    /hereafter, Ging4s email forCards or contains Chat purports to Ae an email to Ging from
    Coughlin4s then ?C;D Bim 6eslie, of "#!"#!"#, addressed only to Ging, Chich reads:
    Q9r) Ging: /he AeloC email from 9r) Cogulhin contains a reference at the end of the first paragraph
    to a CeAsite containing a video clip from the movie Cape 0ear) ;lease advise Chether any action is
    re3uired of our office or yours regarding this possiAle veiled or indirect threat of violence against
    attorneys in this office Ay 9r) Coughlin)
    /han5 >ou, Bames B) 6eslie, (s3), Chief Deputy ;uAlic Defender, ?ashoe County ;uAlic
    Defenders $fficeY
    /he /rial yesterday in +C+#%"#2%.3% featured e1tended discussions regarding the failure of the
    ?C;D, Dogan, and 6eslie, to turn over discovery propounded Ay DD< >oung in the form of cd4s
    featuring 9"" calls DD< >oung provided to the ?C;D on &!"3!"# and &!"7!"#))) <nd the heavy
    hitters Cere there, too ((lliot *attler')))))despite numerous Critten re3uests from Coughlin that the
    ?C;D do so, and multiple trips to the ?C;D personally Ay Coughlin to pic5 such materials up, and
    despite more flip flopping on their story Ay 6eslie and Dogan regarding Chether they ever gave
    Coughlin some pac5age of materials responsive to Coughlin4s re3uest for his DfileD)))But, Bim 6eslie
    is stuc5 Cith the 7!#7!"# date he mentions in his email, then he is stuc5 Cith Chat his recent email
    Cherein he purports to have therein digitally transmitted Coughlin his DfileD, Chich oAviously does
    not include the cd4s of 9"" calls (the one4s DD< >oung too5 up an enormous amount of court time
    playing, over and over (Cell, >oung only played over and over the particular calls he felt Cere
    strongest for his case and most preEudicial, claiming some Dcutting room floor mishapD for the
    reoccurrence of certain calls, arguing that such a Dhappy accidentD Eustified playing them again and
    again, at ever increasing volumes, etc), etc)') <pparently, 7 am here to suAsidiIe >oung4s AaAy
    ma5ing, Eust li5e 7 Cas Cith 9s) @orman, as a continuance of preEudicial length of afforded to the
    *tate Chere none Cas forthcoming to Coughlin, despite 6eslie and Dogan4s oAstructionist tantrums,
    ones of a 3uality that Could) 7 rememAer Chen my life featured happy moments li5e the Airth of
    tCins)))Aut that Cas Aefore your leviathan legal system Crec5ed shop on my e1istence) ?hat, sir,
    shall Ae my compensationF Do you mind if 7 put my arm around))))http:!!tinyurl)com!Agmlfdr
    /his is a formal grievance against Dogan, 6eslie, Bosler, >oung)))etc)
    7f *vengali!Diann +oss Diva Bim 6eslie is going to micromanage Dogan and @oodnight4s cases, and
    gag order them, he Aetter Ae sure not to screC up the cases re3uiring a mistrial Ay failing to provide
    the client the cd4s of 9"" calls DD< >oung gave the Ccpd on &!"3 and &!"7!"# in rEc rev#%""2%.3%,
    and clearly, any pac5et from 7!#7!"# Couldn4t have them (not to even get into the flip flopping
    contradictory accounts Ay 6eslie and Dogan as to Cho gave Coughlin the pac5et, or Cho didn4t or
    Alah Alah Alah')))and certainly 6eslie email AeloC only contained a .7 page pdf)))Cay to close to the
    "#!""!"# trial date, and containing materials Coughlin had never Aeen given Aefore))))so much easier,
    - 113-
    1
    2
    Bimmy *leaIy to email the client a Ddigital transmittalD proving Chat you gave and ChenD))))Aut, no,
    that Could ma5e it so hard to fudge the accounts of Chat Cas contained therein, or Cho handed Chat
    to Chom, or Cho failed to pic5 up this or that, or Dogan4s slippery nonsense:
    D0rom: Bleslie`Cashoecounty)us
    /o: Iachcoughlin`hotmail)com
    CC: BDogan`Cashoecounty)us
    *uAEect: 9"" Case
    Date: 0ri, 7 Dec #%"# "7:%9:%& f%%%%
    9r) Coughlin:

    <ttached are the discovery materials in the aAove2referenced case that you had re3uested and Ce had
    made an additional copy of for you in response to your re3uest) ;lease note that the Buly #7, #%"#,
    cover letter Cas for your pic5 up and you never pic5ed it up) Note also that the Buly #7, #%"#, pac5et
    encloses a copy of the <pril "7, #%"#, hand delivery transmittal of the very same documents Chich
    you received)

    *ince Ce have Aeen removed from the 9"" case, Ce are closing our file) /he attached materials Cere
    sitting at our front des5) *ince you failed to retrieve them, Ce provide the attached courtesy copy
    Aefore final closure of our file)

    No response to this transmittal is re3uired from you)


    Bames B) 6eslie, (s3)D
    - 114-
    1
    2
    *o, Chile Dogan states on 7!#7!"# in .3% D>our 8onor, 7 have never even spo5en Cith Budge
    Dorothy Nash 8olmesD)))he coyly fails to indicate Chether he spo5e Cith anyone Cith the +9C,
    9arilyn /ognoni, included, or Chy his #!#&!"# fa1 to Coughlin Cas so insistent that it Cas D6a5e4s
    Crossing4s Bill Davis, ;h)D)D Cho must conduct the DCompetency (valuationD, or hoC it Cas Budge
    Clifton4s #!#7!"# $rder for Competency (valuation could have possiAly 5noCn and included Budge
    (lliott as the Drandomly assigned EudgeD to that Competency Case in C+"#2%37 (Budge (lliott on
    Committee to <id <Aused ?omen4s Board, (C<<?')))Budge (lliott presiding over Coughlin4s
    Crongful termination laCsuit against ?CD<4s $ffice (C+ ;artner, ?ashoe 6egal *ervices, its
    (1ecutive Director ;aul (lcano, and C<<?, in C-""2%"9..)))Budge (lliott fails to disclose conflict
    or recuse himself, Budge (lliott manages to DrandomlyD Ae assigned Coughlin4s tCo criminal appeals
    from +9C convictions (the ?al29art Dcandy AarD petty larceny leading to a months, so far,
    temporary suspension of Coughlin4s laC license in "" cr ##"7 in the +9C, then cr""2#%4 in the
    appeal Budge (lliott canned Aased upon a civil statute re3uiring a doCn payment for the preparation
    of transcripts and (lliott4s contention that he need not address the merits of Coughlin4s appeal given
    the lac5 of a Critten transcript (Coughlin paid for the audio cd, and its not even clear that the +9C is
    a court of record anyCays, and the +9C distriAutes to defendants instructions sheets and enforces
    Dhouse rulesD regarding the preparation of transcripts that re3uire one utiliIing the services of +9C
    Dofficial transcriptionist ;am 6ongoni (Chom hung up on Coughlin tCice, and refused to prepare the
    transcript in "" cr ##"7!cr""2#%4, failed to return emails!fa1es, etc)'D and Chere the +9C refused
    to even give Coughlin the audio recording for some time, insisting Coughlin could merely have it
    made availaAle to 6ongoni))))$h, Coughlin didn4t get no continuance from Budge 8oCard in that "" cr
    ##"7 (even Chere he Cas Crongfully evicted in +ev#%""2%%"7%& (noC on appeal in %33" and
    "3&3' on ""!"!"", then Crongfully arrested on ""!"3!"# in "" cr #4%. (noC feature in "9%",
    #"%4, .4&44, %3%#, %3"7, etc))' and incarcerated AetCeen ""!"3!"# and ""!".!"#, no continuance
    for the ""!3%!"# /rial in "" cr ##"7, despite an agreement in Criting Cith City <ttorney ;amela
    +oAerts (Chom put on perEured testimony Ay three Citnesses Chere she possess a video and other
    evidence conclusively proving that Coughlin did provide his driver4s license to +*7C $fficer
    CraCford)))and Chere +oAert4s prosecuted Aased on an arrest for a misdemeanor Ay triAal officers
    Chere N+* "7&)"#.. Aars such an arrest, and Chere ?al29art4s /homas 0rontino and +oAerts herself
    admit no citiIen4s arrest Cas effectuated))))so, aAout that +;C 3)& violation)))') /hen there is the
    appeal in cr"#2"## that Budge (lliott, again, Cas DrandomlyD assigned from the conviction Ay +9C
    Budge ?illiam @ardner in "" cr #4%. Aased upon the criminal trespass complaint signed Ay +ichard
    @) 8ill, (s3) (opposing counsel in the summary eviction from Coughlin4s former home laC office in
    rEc rev#%""2%%"7%&, presided over Ay Budge *ferraIIa, though 8ill and his associate Casey D) Ba5er,
    (s3) fa1, on $ctoAer "7th, #%"" to Budge Clifton (Cho Cas not Chief Budge at the time, or anything'
    an (mergency (1 ;arte 9otion for 7nspection of Coughlin4s 6aC $ffice, and Chere in his $ctoAer
    "9th, #%"" $rder in that matter %%"7%&, Budge Clifton ruled as DmootD Coughlin4 ""!"7!"# 9otion to
    *et <side the ""!"3!"# $rder folloCing *ummary (viction ;roceeding Ay Budge *ferraIIa setting the
    matter for D/rialD on "%!#.!"#, on the condition that Coughlin deposit a rent escroC of H#,#7. Cith
    the +BC (though Budge *ferraIIa admitted later on the record on ""!7!"# that the +BC Budges had a
    meeting Cherein they all had to agree that Coughlin Cas aAsolutely correct that the +BC Cas violating
    Nevada laC in having an unpuAlished Dhouse ruleD corollary to BC+6- 44 re3uiring such rent escroC
    deposits in landlord tenants matter here BC+C; &3 had not Aeen folloCed in that the +BC had not
    puAlished and had approved Ay the N) *) Ct) any such deviation from the statutory remedies set forth
    - 115-
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    in N+* 4% and ""&<) Budge (lliott managed to torpedo that appeal of the criminal trespass
    conviction stemming from the criminal complaint and custodial arrest at Coughlin4s former home laC
    office Ay co2signing +9C Budicial <ssistant 6isa ?agner4s and the +9C4s nonsense aAout not having
    received Coughlin4s Notice of <ppeal timely under N+* "&9)%"%) /he proof of delivery fa1
    confirmation indicates otherCise, 6isa) <nd regardless) the conveniently timed arrest of Coughlin on
    !#&!"#, and the tolling nature of Coughlin4s !#!"# 9otion for NeC /rial in that matter, and the
    5ited, dated 7!"%!"# Eailhouse Notice of <ppeal Ay Coughlin, and the curiously failure to grant
    Coughlin tier time in the interim Chile Budge @ardner manageed to push through his 7!""!"# $rder
    Denying Coughlin4s 9otion for NeC /rial, is all the more reason to apply consternation to Budge
    (lliott4s Cor5 on the appeal on C+"#2%"##)) /hen there is Budge 6inda @ardner Aeing Budge ;eter
    Breen, 9D4s laC cler5, and Breen 5ic5ing Coughlin out of the 9ental 8ealth Court Aased upon
    *haron Dollarhid, +ene Biondo, and Breen and the 98C4s oCn Areach of contract (if they provide
    program materials, acceptance, and a contract that list certain medications as disalloCed, hoC is it
    they can claim non2compliance or Dfailure to aAideD Ay the rules for ta5ing a medication not listed
    thereinF Don4t as5 ?C;D Boe @oodnight or Bennifer +ains)))they 5noC Chat side their Aread is
    Auttered on))))98"#2%%3#)))so DD< >oung tries to Eam through a trial in %334" on 9ay 7th, #%"#,
    despite the mandatory stay in N+* "7&)4%. and the then still pending $rder for Competency
    (valuation in rEc #%"#2%.3% from the clandestine status conference Dogan and >oung never 3uite
    seem to refute happening on #!#7!"#)))$h, and Budge Clifton, then D< Dorothy Nash 8olmes, and
    Budge 6inda @ardner Cere all co2Cor5ers once upon a time, Cor5ing closely Cith then *par5s City
    <ttorney!prosecutor *teven (lliott, Chom Cor5ed for the laC firm of the father of the ;anel Chair for
    Coughlin4s ""!"4!"# *BN v) Coughlin formal Disciplinary 8earing in N@"#2%#%4, %434, %43. (the
    last tCo Aeing grievances against Coughlin filed, in part, Ay +9C Budge ?illiam @ardner, prior to
    @ardner failing to recuse himself from the criminal trespass case against Coughlin Aefore him in ""
    C+ #4%.)))even Chere Budge @ardner4s sister Budge 6inda @ardner4s <pril #%%9 $rder sanctioning
    Coughlin Cas cited Ay ?6*4s (lcano as the sole Aasis for firing Coughlin, and Chere Coughlin filed
    a 9andamus ;etition in .4&44 challenging those sanctions, and Chere ng"#2%43. Cas one of three
    grievances forming the &!#3!"# *C+ "%. Complaint against Coughlin (strangely)))the ?al29ar
    Dcandy AarD petty larceny conviction and the formal hearing for the Dsole purposeD of determining
    Coughlin4s punishment for such re3uired Ay *C+ """(&' and the Court4s !7!"# $rder got particularly
    short shrift in the &!#3!"# triple grievance numAered *C+ "%. Complaint Ay Bar Counsel ;at D;atty
    7ceD Ging, a!5!a ;at *alieri, Chom Cants no part of e1plaining his statements to Coughlin during the
    3!#!"# appearance at the *BN Ay Coughlin, for the sole purpose of ta5ing Ging up on his offer to let
    Coughlin revieC the materials suAmitted along Cith the grievances (therein Ging claimed to have
    received grievances against Coughlin from three different Budges))))though, Ay 3!#!"#, it couldn4t
    have Aeen Beesley, as Coughlin only filed the e1hiAits detailing Budge Nash 8olmes and the ?C*$
    and ?CD< impermissiAly confiscating Coughlin4s smart phone Cithout a Carrant or court order and
    Cell after the end of the period to do a search incident to arrest (the arrest Cas #!#7!"# for some
    pastiche of summary plenary civil criminal contempts statuts that Budge Nash 8olmes Chipped
    up)))though she avoid N+* ##)%3% and definitely there Casn4t no affidavit signin4 Ay ol4 +9C 9arshal
    8arley for alleged conduct in a restroom or restroom stall, Chich assuredly Cas not Dunder the
    Catchful eye of the courtD or Din the immediate presenceD of the court))))so much easier for Bar
    Counsel to feed Budge Nash 8olmes the Dclear and convicing evidenceD standard from *chaefer
    re3uired to prove an ethical violation, have here copy and paste some +;C4s into a second Aite at the
    apple and more than "% days later (civil statute, N+* ##)%"%, N+C; and BC+C; .9 alloC sua sponte
    amending Cithin "% days, no "# days)))#!#7!"# to 3!"#!"#))))void $rder of 3!"#!"# Ay Budge Nash
    - 116-
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    8olmes, so, sorry ;atty 7ce, nice try, no *C+ """(.' Dan $rder or conviction is conclusive proof of
    guilt and 7 don4t recogniIe ClaiAorne as Ainding authority Aecause it ma5es my EoA harder))))D))))
    /han5 >ou Bim for continuing to prevaricate in Criting, your recent email comAined Cith some, uh,
    other materials that have Aeen culled, Cill surely Ae helpful in e1posing you for the fraud that you
    are) <nd Biray Dogan too)))$h, Ay the Cay, that ""!7!"# fa1 confirmation page or proof of fa1ingF
    8oC is that coming along, Aecause 7 need to see it from you) 9y records shoC aAsolutely no receipt
    of any fa1 of that sort, not on that day, not on any day)))Chich means the Aall is in your court to shoC
    hoC Dogan4s representations to Budge *ferraIIa on ""!"9!"# in court Cere not displaying a lac5 of
    candor to the triAunal and 8oC 6eslie /iAAals4 certificate on service therein is not fraud)
    $h, attached is @oodnight4s "# "9 "" +e3uest for Discovery, Chich includes:
    D+(J:(*/ 0$+ D7*C$-(+>
    C$9(* N$?, the Defendant, Z<C8<+> B<+G(+ C$:@867N, Ay and through his attorney of
    record, Boseph ?) @oodnight, Deputy ;uAlic Defender, and hereAy re3uests the folloCing discovery
    pursuant to N+* "74)#3. to N+* "74)#9., inclusive) ") 7nspect and receive copies or photograph any
    Critten or recorded statements or confessions made Ay the Defendant or any Citness, or copies
    thereof, Cithin the possession, custody or control of the *tate, the e1istence of Chich is 5noCn or Ay
    the e1ercise of due diligence may Aecome 5noCn to the prosecutor) N+* "74)#3.("'(a') /his re3uest
    includes any video and audio recordings, including those preserved on poc5et recording devices, 92"2
    " emergency calls, and any dispatch logs, Critten or recorded, generated in connection Cith this
    case)D
    Bim, then there is you chiming in, in your role as DstandAy counselD, attempting to aid the Court and
    DD< >oung in coercing from me my 0ifth <mendment rights at the 9:% am mar5 on the transcript
    from ""!#%!"# (D>our 8onor, 74ll remind the Court that 7 am here to Eump in in my role as standAy
    counsel anytime the Court4s feels he is dragging his feet))))8e is Casting County assets_D)))very
    <tticus 0inch, Bim')
    *o, then there is Bim4s "%!3!"# suApoena to (comm!Gelley ?ood)))and given he Cas counsel of
    record until "%!##!"#, yet completely failed to turn over anything (responsive or not' in relation to
    that suApoena, and the fact that the entire *uppression 9otion turned on DChat information the +;D
    received from dispatchD, and the fact that the audio of the Dradio trafficD AetCeen the +;D and
    Dispatch on that night (or at least the portions of it 7 have Aeen aAle to e1tract from the poCers that
    Ae' reveal, one, no report of a possiAle fight Cas received Ay +;D (they Cere on the scene Ay the
    time the "":#7:"" pm te1t Cas sent to the displays in their vehicles, and the one audiAle Dradio trafficD
    recording contains no mention of anything Aeyond Dchec5 for possiAle larceny of a cell phone that
    Eust occurred, suspect still on the scene, also reports of a loud verAal disturAance)))D) /hen there is
    Bim and @oodnight completely Chiffing on the detaining argument, in addition to the Chole
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    Dassuming Ce Cin on the pat doCn, ma5e sure to oppose the notation that there Cas sufficient
    proAaAle cause for an arrest and search incident thereto))))D, not to mention that it Cas Coughlin
    (Chose filings Bim managed to cheerfully announce D/he ;uAlic Defender4s $ffice is not Eoining in
    on those fugitive documents)))D, despite the #!#"!"# 0ilings Ay @oodnight that do Eust that))))' that
    pointed out the Chole N+* "7")3% Aasis for throCing out the search (Chich Bim managed to not cite
    to or 3uote from in his closing argument as the *uppression 8earing)))Chere Bim did manage to as5
    Cory @oAle 3uestions on cross that Cere designed to do nothing more than estaAlish a citiIen4s arrest
    sufficient to reAut the N+* "7")3% Aasis for throCing out the arrest and fruits culled therefrom)))')
    $h, then there is your office Alac5ing out the numAers of the callers on the dispatch logs and refusing
    to turn over even a redacted version of the alleged victim4s call records for the time in 3uestion,
    thereAy completely oAstructing the defendant4s aAility to impeach the various lies testified to Ay all
    the Citnesses) <nd DCoachD DD< >oung can tell you all aAout his 4% minutes coaching sessions
    visiAle through the ple1iglass in the Bustice Court loAAy Cith Zarate, @oAle, 6ichty, and /empleton,
    and their constant parroting (along Cith +;D Duralde' of Dprosecutor AuIICordsD (DCillfully
    CithheldD, Dreport from dispatch of a possiAle fightD, Dmy training and e1perienceD, DdetainedD, D7
    don4t rememAer Cho made the callD, D7 can4t rememAer Chich one of my friends it Cas Cho Cas Cith
    meD, etc), etc)' <lso, the ?C;D practice of Alac5ing out locations and addresses sure ma5es it
    difficult to estaAlish inconsistencies AetCeen testimony and the reports!?itness *tatements or
    otherCise utiliIe them for impeachment purposes)
    *o, noC today, Ce get this Bim 6eslie email Cith all it4s revisionist history)))Chich only contradicts the
    position 6eslie and Dogan have ta5en that Coughlin already pic5ed up this 7!#7!"# pac5et (at first
    Dogan claimed to have personally handed it to Coughlin, then changed his story # minutes later and
    said he saC 6eslie personally hand it to Coughlin))))and Dogan asserts to the Court at the ""!#7!"#
    8earing in rcr#%"#2%.3% that he has never spo5en Cith Budge Dorothy Nash 8olmes (see materials
    regarding clandestine status conference of #!#7!"# and suAse3uent fallout Cith Budge Nash 8olmes of
    #!#7!"# a couple hours after Dogan secured his #!#7!"# ":3" pm $rder for Competeny (valuation in
    %.3% from Budge Clifton')
    /he *BN v) Coughlin Complaint of &!#3!"# specifically mentions the arrest of "!"4!"# that theis
    %.3% case is Aased on, in addition to the %334" i;hone arrest, and +BC Budicial *ecretary 6ori
    /oCnsend sent Coughlin4s #!#"!"# in %.3% to the *BN, and offered to send Coughlin4s #!".!"#
    filing in %334" to the *BN)))and Budge Nash 8olme4s 3!"#!"# $rder in "" /+ #&%% mentions
    Coughlin 3uoting Droc5 lyricsD in a filing as a Aasis for her transmogrifying a Dsimple traffic citationD
    to a Dformal disciplinary hearing on an ethics violationD Cherein she 3uotes the *chaefer standard for
    an ethical violation that Bar Counsel had fed her earlier in the day)))and that CindoC AetCeen the
    ":%% pm noticed start time of the traffic citation trial in "" tr #&%% and the 3:3% pm eventual start
    time includes the ":#. pm courthouse sanctuary doctrine violating service upon Coughlin (Ay +9C
    9arshal Boel 8arley, on Aehalf of ?C*$ Deputy 9achen, hired Ay +ichard @) 8ill, (s3), at Chose
    office Coughlin Cas retaliated against Ay +;D *argent /arter Cith the three traffic citations shortly
    after Coughlin reported to /arter the admissions regarding AriAery Ay +ichard @) 8ill, (s3) Ay +;D
    $fficer Chris Carter, Br))))and 9arshal 8arley Cas serving the $rder to *hoC Cause for the 3!#3!"#
    8earing in the appeal of the summary eviction from Coughlin4s former laC office (Chere +;D Carter
    - 118-
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    made the trespass arrest noC detailed in N) *) Ct) case "9%"', on Aehalf of Deputy 9achen, in the
    conference room Cithin the Courtroom B of the +9C, despite Coughlin, an efiler, having already
    Aeen served it') 8oCever, the only filing Ay Coughlin that could Ae said to 3uote Droc5 lyricsD is the
    #!#"!"# filing in Dogan4s case %.3% (the one Chere Dogan had appeared as attorney of record then
    failed to shoC up for a hearing on #!"3!"#, then retaliated against Coughlin for Coughlin4s #!#"!"#
    filing in %.3% Ay moving for a Competency (valuation and Aasically doing aAsolutely nothing on
    the case for the ne1t 9 months Aesides raping from Coughlin his medical privacy rights along Cith
    Budge *teven (lliot and DD< Zach >oung at the 4!"9!"# hearing in C+"#2%37 (one of 3 criminal
    appeals Budge (lliot Cas DrandomlyD assigned in Chich Coughlin is a party)))to go along Cith the
    Crongful termination suit Ay Coughlin that Budge (lliot presided over in C-""2%"9.. Cherein
    Coughlin sued C<<? and ?6*, despite Budge (lliot sitting on C<<?4s Board, and Chere Budge
    (lliot, the ;anel Chair at Coughlin4s formal disciplinary hearing of ""!"4!"#, and ?ashoe 6egal
    *ervice4s ;aul (lcano all Cent to *tanford together, and Chere Budge (lliot Cor5ed for ;anel Chair
    Bohn (cheverria4s father4s laC firm, (cheverria and $sAorne') /hen there is 6inda @ardner Aeing
    Budge Breen4s laC cler5, and Budge Breen removing Coughlin from 9ental 8ealth Court in 98"#2
    %%3#, Chere the 98C4s +ene Biondo and *haron Dollarhide lied aAout Chat medications Cere listed
    as accepted or not in the materials provided Ay @oodnight and or the 98C along Cith the contract
    entered into Cith Coughlin, Chom Cas accepted into the 98C) /hen there is ?C;D Boe @oodnight
    and Bennifer +ains refusal to file anything directed toCards enforcing the 98C4s contract Cith
    Coughlin, Cherein they Aoth demonstrated they 5noC Chat side their Aread is Auttered on and
    indicated Dthere Eust isn4t a Aasis for see5ing reconsideration of Budge Breen4s $rderD) Budge ;eter
    Breen, 9D)
    0unny hoC Dogan did not state to Budge Clifton that he never spo5e Cith anyone else at the +eno
    9unicipal Court aAout Coughlin))))including 9arilyn /ognoni)))Aut, rather Dogan Eust indicated he
    never spo5e Cith Budge Nash 8olmes, in his Aest innocent little Aoy voice that he cops Chen he isn4t
    Ausy tittering aCay Cith Bim 6eslie in the spectator area during the ""!"9 and ""!#% /rial in %334"
    (Chere he failed to apprise Budge *ferraIIa of the fraud attendant to his earlier attestations regarding
    proof of service (Ay fa1 no less' of his ""!7!"# 9otion to Juash Coughlin4s *uApoena))))
    <lso, its a Ait strange hoC Dogan and the ?C;D redact or Alac5 out the names of the +;D $fficers
    and Dispatch $perators Aeginning on page " of the . page file Bim 6eslie finally emailed me today
    titled DCoughlin Discovery 9"" CaseD, Chich, as is their Cont, he and Dogan have continued to
    change their stories aAout Chether they had or had not provided to me already until the last possiAle
    minute Aefore trial, Chereupon, Cith a /rial date of DecemAer ""th, #%"# in rcr#%"#2%.3%, Bim
    6eslie finally emails me a . page pdf purporting it to Ae my DfileD) $ne Conders Chere any audio
    recordings, dispatch recordings, 9"" call recordings or other media are any Chy 6eslie and Dogan did
    not provide them) Coughlin appeared at the ?C;D4s $ffice today and as5ed for the hard copy of his
    file, yet Cas told Ay front des5 receptionist D;aulaD (of course, no last name provided' that she Dspo5e
    Cith an associateD and they told her that Bim 6eslie had already provided Coughlin his file and that
    he, therefore, Could not Ae given the hard copy) D;aulaD eventually seemed to have to admit that the
    misleading use of the term DassociateD actually did not connote her having spo5en Cith an attorney
    aAout the matter)))Aut rather 6inda @ray, Chom has Aeen curiously silent as to the apparent
    - 119-
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    misconduct attendant to her admitting that she did not mail out any Critten notice to Coughlin of the
    <ugust th, #%"# DcomAo2hearingD in rcr#%"#2%79&% or rcr#%"#2%.3% (6eslie glossed over that
    fact Ay sending Coughlin a note aAout hoC he Dsaved the dayD Cith his DadvocacyD)))s5ipping past the
    part aAout hoC the client, Coughlin, Cas not noticed on the hearing in any matter, much less in
    Criting))))6eslie later refused to indicate Cith any specificity Chatsoever hoC he D5neCD Coughlin
    had Aeen noticed on the &!!"# hearing in Criting)))and +BC Budges are only too Cilling to DAelieveD
    Bim 6eslie, (s3) Chen he e1plains aCay vaguely such things)))
    9r) 6eslie, the thing is, 7 have a /rial in this case rcr#%"#2%.3%) >ou have continued in your Cay
    (similar to hoC you approached the rcr#%""2%334" case Chere Boe @oodnight, (s3) Cas counsel of
    record until you had him removed on 7!"!"#, the morning of /rial)))after 9r) @oodnight and 7 have
    completed a video conference final trial preparation at 4:3% pm on 0riday, Buly "3th, #%"# Chile 7
    Cas in custody (pursuant to an arrest on Buly 3rd, #%"#, ordered Ay +;D *argent Gim BradshaC, she
    of the "!"#!"# custodial EayCal5ing arrest along Cith +;D *argent ;aul *ifre'))))/hings fall through
    the crac5s, 9r) 6eslie, Chen you place a gag order on the associates you claim to supervise, then
    stuAAornly, petulantly, and retaliatorily refuse to Cor5 the cases you have snatched Aac5 from your
    associates))))*imilarly, ?C;D 0ortier4s email to me of 0eAruary th, #%"# may have contriAuted to
    9r) Dogan4s confusion in failing to attend the 8earing on 0eAurary "3th, #%"#, Chich Aegat my filing
    of 0eAruary #"st, #%"#, Chich Aegat 9r) Dogan4s procurring the 0eAruary #7th, #%"# $rder for
    Competency (valuation, Chich Aegat the . day summary incarceration for
    summary!plenary!criminal!civil!transmogrified disciplinary hearing on an ethics violation!Chat is
    EurisdictionF $rder Ay +9C Budge Nash 8olmes on #!#7!"# at 4:4% pm)))Chich Aegat N@"#2%434,
    and proAaAly %43. (the *BN v) Coughlin *C+ "%. Complaint of &!#3!"#')
    8oCever, 9r) Dogan, you are not off the hoo5 Eust Aecause Bim 6eslie places a gag order on you) 9r)
    6eslie sent this email today Cith a . page pdf file purporting to Ae my DfileD) 7, as noC a former
    client, have rights to Dmy fileD) 7 have re3uested my file in Criting from your office on numerous
    occasions, and given your removal as counsel of record on ""!##!"# (amaIingly 9r) Dogan proAaAly
    managed to say #%% Cords on a case that he had Aeen counsel of record on for nearly a year, and had
    not managed to file a single document in that case, +C+#%"#2%.3%, and had managed to get upset
    that a client Could ta5e issue Cith his missing the #!"3!"# 8earing, even though ?C;D 0ortier4s
    #!!"# email ma5es clear, the matter Cas assigned to 9r) Dogan at that point, and he had already sat
    doCn and discussed the case Cith Coughlin for over one hour on or aAout 0eAruary &th, #%"#, Chere
    Coughlin Cent to chec5 in Cith 9ary ?atson, Chom Cas then represented Ay ?C;D BranIell, Cho
    dragged ?atson over to the *par5s Bustice Court Bailiff and demanded they AreathalyIe her client)
    /hey did, she Cas ta5en into custody)
    *o, after sitting doCn Cith Dogan for at least an hour and discussing various things, some including
    matters related to the case he Cas then attorney of record on +C+#%"#2%.3%, the 0eAruary "3th,
    #%"# court date (Dogan and Coughlin have conflicting vieCs as to Chat Cas agreed upon and the
    applications of N+* "7&)3&&')
    - 120-
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    N+* "7&)3&& provides that the defendant must Ae present at arraignment, trial, and sentencing and
    provides that the defendant may Caive his appearance Chen certain conditions are met)
    7ts 5ind of odd hoC Budge Clifton (Chose attached Aio indicates he has deep and longstanding ties to
    the domestic violence industry infrastructure' 5neC instantaneous to signing the $rder for
    Competency (valuation of #!#7!"# at ":3" pm that the matter Could Ae randomly assigned to District
    Court Budge *teven (lliot (also a lifelong prosecutor Cith deep and longstanding ties to the domestic
    violence industrial comple1, and a memAer of the Committee to <id <Aused ?omen4s (C<<?, one
    of the named defendants in the Crongful termination laCsuit Coughlin Arought and over Chich Budge
    *teven (lliot presided in C-""2%"9.., Chere he failed to point out his per se conflict of interest to
    plaintiff Coughlin at any time, and Chere he ultimately pulled out Eust aAout every Crin5le in the
    insufficiency of service and or process and or service of process (a movie shoCing a non party over
    "& years of age serving a senior paralegal at ?ashoe 6egal *ervices, Chose (1ecutive Director ;aul
    (lcano Cent to *tanford Cith Budge (lliot and the ;anel Chair of Coughlin4s ""!"4!"# 0ormal
    Disciplinary 8earing Aefore the *tate Bar of Nevada, Bohn (cheverria in the late "9%s)))and Budge
    (lliot Cor5ed at Bohn (cheverria4s father4s laC firm, (cheverria and $sAorne Board of Directors, in
    addition to Aeing a former ass
    7n C-""2%"9.., Coughlin sued his former employer ?ashoe 6egal *ervices, Chose (1ecutive
    Director ;aul (lcano Cent to *tanford in the late "9%s Cith Budge *teven (lliot and Bohn
    (cheverria, the ;anel Chair of Coughlin4s ""!"4!"# 0ormal Disciplinary 8earing Aefore the *tate Bar
    of Nevada))and Budge (lliot Cor5ed at Bohn (cheverria4s father4s laC firm, (cheverria and $sAorne,
    and Budge (lliot served on the Board for C<<?, and Cas a prosecutor as the *par5s City <ttorney)
    <lso, 9r) 6eslie, Chile the . page pdf you finally sent me (gosh, Cas it that hard to clic5 DattachD,
    load a # mA pdf file and hit DsendD on an email to meF No deAatin4, no arguing aAout Chether 6eslie
    and Dogan left the pac5age at the des5, Chether Dogan already gave it to Coughlin, or Chether
    Dogan then changed his story and said 6eslie gave it to Coughlin, Chether Coughlin already pic5ed it
    up, no claims Ay Bessica the +eceptionist of anyone 5ic5in4 furniture)))nothing li5e that, Eust a digitally
    verifiaAle means of ascertaining Chat you transmitted and Chen)))Cas that so hardF 8ec5, Bim, you
    could proAaAly Eust email those (C$99 recordings too)))and if attachment siIe is an issue, sign up
    for a CCC)outloo5)com (the neC 8o/9ai6, alloCing up to 3%% mA attachments via the *5yDrive
    functionality, and up to "%% mA attachments via plan email, and over #. free gA of storage on the
    *5ydrive, etc), etc)))') But its 6eslie finally sent the . page Dclient4s fileD on or aAout "#!7!"#, yet he
    failed to include the insipid 9otion of ""!#!"# Ay DD< >oung (Cherein, Eust after Budge Clifton
    finishes telling Coughlin at the ""!#7!"# 8earing that Coughlin is not alloCed to even thin5 aAout the
    other tCo +BC shotgunnin4 style splatter paint prosecutions Ay DD< >oung, as Dthey are Eust not
    relevant to this proceedingD)))and anytime Coughlin Could point out specific Aasis for underta5ing a
    recusal or conflict analysis vis a vis either Budge Clifton, the +BC, DD< >oung, the ?C;D, or the
    ?CD<, Budge Clifton Could say Dyour4re losing me)))your4re losing me)))D as if Coughlin Cas
    spea5ing in tongues all the sudden)))
    - 121-
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    2
    *o, Chile Coughlin is reportedly not even alloCed to email DD< >oung aAout cases not even Aefore
    Budge Clifton, or something li5e that)))DD< >oung is aAle to get an unnoticed, e1 parte, emergency
    9otion to ;rho
    *incerely,
    Zach Coughlin
    "47" () 9th *t)
    +eno, N- &9."#
    /el and 0a1: 949 7 74%#
    ZachCoughlin`hotmail)com
    0rom: Bleslie`Cashoecounty)us
    /o: Iachcoughlin`hotmail)com
    CC: BDogan`Cashoecounty)us
    *uAEect: 9"" Case
    Date: 0ri, 7 Dec #%"# "7:%9:%& f%%%%
    9r) Coughlin:

    <ttached are the discovery materials in the aAove2referenced case that you had re3uested and Ce had
    made an additional copy of for you in response to your re3uest) ;lease note that the Buly #7, #%"#,
    cover letter Cas for your pic5 up and you never pic5ed it up) Note also that the Buly #7, #%"#, pac5et
    encloses a copy of the <pril "7, #%"#, hand delivery transmittal of the very same documents Chich
    you received)

    - 122-
    1
    2
    *ince Ce have Aeen removed from the 9"" case, Ce are closing our file) /he attached materials Cere
    sitting at our front des5) *ince you failed to retrieve them, Ce provide the attached courtesy copy
    Aefore final closure of our file)

    No response to this transmittal is re3uired from you)


    Bames B) 6eslie, (s3)
    Chief Deputy ;uAlic DefenderY
    (N$/(: that concludes the 39 page (1hiAit " to Ging4s "#!#%!"# /;$ <pplicatio in %7')
    7t is important to note that none of the attachments to Ging4s %7 <pplication have Aeen
    verified, there is nothing from Ging attesting to Chether or not they are true and correct copies of
    Chat they purport to Ae, and, in fact, the ?C;D, ?CD<, and *BN needed to pay a Ait more attention
    to detail in their concerted assault upon Coughlin stemming from the emails AetCeen ?CD< DD<
    Gandaras, ?C;D 6eslie, and the *BN4s Ging Aeginning on "#!"#!"#, as Q(1hiAit "<Y to the N+*
    33)#4% Q?or5place 8arassmentY /;$ <pplication filed on Aehalf of (Cho 5noCsF /he application,
    li5e Ging4s, fails to meet the re3uirement that it specifically set forth Chich employe or employees it
    is Aeing sought to protect', most li5ely, 6eslie himself, Ay Cay of husAand to #BDC laCyer!legal
    assistant to a family court Eudge 6aura ?atts2-ial, ?C;D DD< David ?atts2-ial, (s3), in their
    "#!"&!"# /;$ <pplication in +BC +cp"#2.99, filed in retaliation aAout an hour after Couglin filed his
    oCn application for a /;$ against Bim 6eslie in +C;"#2.9&, Chich Cas in addition to Coughlin
    moving for such a protection order against 6eslie on ""!"9!"# Chere 6eslie Cas moc5ing, hec5ling,
    and harassing Couglin menacingly in open court Chile purporting to act in his role as QstandAy
    counselY in %334"') < revieC of that Q(1hiAit "<Y to the /;$ application for 6eslie and, as listed in
    the applicants section, apparently, Q?ashoe CountyY (as opposed to Eust the ?C;D', reveals that the
    purported "#!"#!"# Couglin email to various individuals (including 6eslie and Ging' purportedly
    forCard to Ging Ay 6eslie has e1cised therefrom appro1imately #9 attachments in pdf form that
    completely reconte1tualiIe all communicated in that "#!"#!"# email 6eslie purports Coughlin sent
    him) /hose attachments are clearly displayed in the version of that purported "#!"#!"# email from
    Coughlin to Ging and 6eslie (amongst many others, including complaints`nvAar)org, ?CD<
    Gandaras and >oung, +eno City <ttorney4s prosecutors, *BN ;resident 0laherty, all five memAers of
    the ;anel in Coughlin4s formal disciplinary matter, etc), etc)' that 6eslie!?atts2-ial attached to the
    /;$ <pplication in .99, Aegging the 3uestion: Chy are those attachments missing from the version
    Ging purports 6eslie forCarded him that Ging attached as (1hiAit "< to his oCn /;$ <pplication in
    %7F
    - 123-
    1
    2
    :pon Coughlin Aeing assigned an alternate defender (aside from the also conflicted out <;D'
    in privated defense attorney Bruce 6indsay, (s3), Couglin Cas aAle to oAtain documents from 9r)
    6indsay that 6indsay Cas later castigated for turning over to Coughlin Ay the ?C;D, ?CD<4s
    $ffice, and +BC Chich include the folloCing correspondence AetCeen Coughlin4s then ?C;D Bames
    Briand 6eslie and ?CD< DD< of the Civil Division 9ary Gandaras) /he folloCing email e1change
    AetCeen ?C;D 6eslie and ?CD< DD< Gandaras reveals that Gandaras is confused)))Chere she
    indicates Q7 Aelieve you should send thisY (to the *tate Bar' on "#!"3!"# at "%:#% am, despite the fact
    that 6eslie had already forCarded her the email Cherein he did Eust (in 6eslie4s "#!"#!"# #:.9 pm
    email to DD< Gandaras' that in Criting to the *BN4s Ging and forCarding Chat he purports to Ae
    Coughlin4s email to 6eslie of "#!"#!"# along thereCith:
    Q0rom: Gandaras, 9ary *ent: /hursday, DecemAer "3, #%"# "%:#% <9 /o:
    6eslie, Bim *uAEect: +(: /he /hree (4s= Ccpd failure to provide essential 9""
    call cd discovery of &!"3 and &!"7, #%"# to Coughlin in rcr#%"#2%.3%
    7mportance:
    8igh
    Bim:
    7 Aelieve that you should send this) *upreme Court +ule "%4(a' authoriIes *tate
    Aar counsel to investigate all matters involving possiAle attorney misconduct or
    incapacity called to Aar counsel4s attention, Chether Ay grievance or Aoth) This
    potentiay in)o)es misconduct $)ioation of a!& and incapacity,
    9ary Gandaras Deputy District <ttorney Civil Division ?ashoe County
    77. 2337 2.7#3 direct phone
    22222$riginal 9essage22220rom: 6eslie, Bim *ent: ?ednesday, DecemAer
    "#, #%"# .:"" ;9 /o: Gandaras, 9ary *uAEect: +(: /he /hree (4s= Ccpd
    failure to provide essential 9"" call cd discovery of &!"3 and &!"7, #%"#
    to Coughlin in rcr#%"# 2%.3%
    /han5s, please do) 8e came to our office after my email to you and
    caused a disturAance) ?e called the police, Aut he fled Aefore they
    arrived) Eim
    22222$riginal 9essage22220rom: Gandaras, 9ary *ent: ?ednesday,
    DecemAer "#, #%"# 3:"7 ;9 /o: 6eslie, Bim *uAEect: +(: /he /hree (4s=
    Ccpd failure to provide essential 9"" call cd discovery of &!"3 and &!"7,
    #%"# to Coughlin in rcr#%"#2%.3%
    7 Cill have to revieC this tomorroC and get Aac5 to you)
    9ary Gandaras Deputy District <ttorney Civil Division ?ashoe County
    77. 2337 2.7#3 direct phone
    22222$riginal 9essage22220rom: 6eslie, Bim
    /he AeloC email from 9r) Coughlin contains a
    reference at the end of the first paragraph to a CeAsite containing a video
    clip from the movie Cape 0ear) ;lease advise Chether any action is
    - 124-
    1
    2
    re3uired of our office or yours regarding this possible veiled or indirect
    threat of violence against attorneys in this office by -r( Coughlin)
    *ent: ?ednesday, DecemAer "#, #%"# #:.9 ;9 /o: Gandaras, 9ary
    *uAEect: 0?: /he /hree (4s= Ccpd failure to provide essential 9"" call cd
    discovery of &!"3 and &!"7, #%"# to Coughlin in rcr#%"#2%.3%
    9ary:
    Pease re)ie! my transmitta to Patric" Iing at the #ar, AeloC, and
    let me 5noC if 7 should do anything else from a civil perspective)
    /han5s,
    Bames B) 6eslie, (s3)
    Chief Deputy ;uAlic Defender
    22222$riginal 9essage22220rom: 6eslie, Bim *ent: ?ednesday, DecemAer
    "#, #%"# #:49 ;9 /o: 4patric55`nvAar)org4 *uAEect: 0?: /he /hree (4s=
    Ccpd failure to provide essential 9"" call cd discovery of &!"3 and &!"7,
    #%"# to Coughlin in rcr#%"# 2%.3%
    9r) Ging:
    /he AeloC email from 9r) Coughlin contains a reference at the end of
    the first paragraph to a CeAsite containing a video clip from the movie
    Cape 0ear) ;lease advise Chether any action is re3uired of our office or
    yours regarding this possiAle veiled or indirect threat of violence against
    attorneys in this office Ay 9r) Coughlin)
    /han5 you,
    Bames B) 6eslie, (s3) Chief Deputy ;uAlic Defender ?ashoe County
    ;uAlic Defender4s $ffice
    22222$riginal 9essage22220rom:
    Zach Coughlin Lmailto:Iachcoughlin`hotmail)comM *ent: ?ednesday,
    DecemAer "#, #%"# #:3. ;9 /o: 6eslie, Bim= Bosler, Beremy= Dogan,
    Biray= @oodnight, Boseph ?= 0ortier, Chris= /uttle, *teve= Gandaras,
    9ary= >oung, Zach= s5auc`reno)gov= Congd`reno)gov=
    5adlicE`reno)gov= complaints`nvAar)org= cvellis`Ahfs)com=
    Ee`eloreno)com= patric55`nvAar)org= davidc`nvAar)org=
    rosec`nvAar)org= laurap`nvAar)org= s5ent`s5entlaC)com=
    mi5e`tahoelaCyer)com= eifert)nta`att)net= nevtelassn`sAcgloAal)net=
    fflaherty`dlpfd)com= fflaherty`dyerlaCrence)com
    *uAEect: /he /hree (4s= Ccpd failure to provide essential 9"" call cd
    discovery of &!"3 and &!"7, #%"# to Coughlin in
    rcr#%"# 2%.3%
    /he /rial yesterday in +C+#%"#2%.3% featured e1tended discussions
    regarding the failure of the ?C;D, Dogan, and 6eslie, to turn over
    discovery propounded Ay DD< >oung in the form of cd4s featuring 9""
    - 125-
    1
    2
    calls DD< >oung provided to the ?C;D on &!"3!"# and &!"7!"# ))) <nd
    the heavy hitters Cere there, too ((lliot *attler' ))))) despite numerous
    Critten re3uests from Coughlin that the ?C;D do so, and multiple trips
    to the ?C;D personally Ay Coughlin to pic5 such materials up, and
    despite more flip flopping on their story Ay 6eslie and Dogan regarding
    Chether they ever gave Coughlin some pac5age of materials responsive
    to Coughlin4s re3uest for his DfileD ))) But, Bim 6eslie is stuc5 Cith the
    7!#7!"# date he mentions in his email, then he is stuc5 Cith Chat his
    recent email Cherein he purports to have therein digitally transmitted
    Coughlin his DfileD, Chich oAviously does not include the cd4s of 9""
    calls (the one4s DD< >oung too5 up an enormous amount of court time
    playing, over and over (Cell, >oung only played over and over the
    particular calls he felt Cere strongest for his case and most preEudicial,
    claiming some Dcutting room floor mishapD for the reoccurrence of
    certain calls, arguing that such a Dhappy accidentD Eustified playing them
    again and again, at ever increasing volumes, etc), etc)') <pparently, 7 am
    here to suAsidiIe >oung4s AaAy ma5ing, Eust li5e 7 Cas Cith 9s) @orman,
    as a continuance of preEudicial length of afforded to the *tate Chere none
    Cas forthcoming to Coughlin, despite 6eslie and Dogan4s oAstructionist
    tantrums, ones of a 3uality that Could) 7 rememAer Chen my life featured
    happy moments li5e the Airth of tCins ))) Aut that Cas Aefore your
    leviathan legal system Crec5ed shop on my e1istence) ?hat, sir, shall Ae
    my compensationF Do you mind if 7 put my arm around ))))
    http:!!tinyurl)com!Agmlfdr
    /his is a formal grievance against Dogan, 6eslie, Bosler, >oung ))) etc))))Y
    /he lin5 that 6eslie refers to as containing a Qvideo clip from the movie Cape 0earY actually
    contains only an audio clip of a short 3uote from Cape 0ear (the "99" *corsese version')
    7t Cas arguaAly an aAuse of process Ay Bar Counsel ;atric5 Ging) 8oCever, Coughlin4s
    recollection of the NovemAer th, #%"# (the night of the ;residential (lection)))Coughlin as5ed
    Nevada 6aCyer employee ;aula CampAell if she 5neC Cho Cas Cinning in the polls)))etc),' Arief
    encounter AetCeen she and Coughlin Cas of one of an entirely cordial, professional nature)
    <t that time, CampAell mentioned she Cas the only one there (Cor5ing late', and that <sst)
    Bar Counsel Ging had left a feC minutes prior to five pm) Coughlin indicated that he had presented a
    couple minutes prior to . pm to file a document Chere time Cas of the essence and in3uired as to the
    posted closing time of the *BN and policies respecting Chat file stamped date such a suAmission
    Could Ae given under those circumstances)

    Couglin did not as5 CampAell if he may venture inside the *BN4s $ffices at that time, nor
    did he ever flash his "99 8onda4s headlights to gain attention) /here Cas an issue Cith the electrical
    Ciring to Coughlin4s headlights (the tailights Cent out due to a short someChere in the system, and
    due to his poverty, Coughlinhad to ma5e do Cithout a trip to the mechanic and simply splice in some
    spea5er Cires from the headlights to the tail lights, and procrastinated in affi1ing an on!off sCitch in
    - 126-
    1
    2
    there, so Coughlin has to, Aasically , Araid the Cires together every time he drives at night and in
    turning the lights uon and off (Chat a pain'))
    ))
    (1hiAit " to 9r) Ging4s /emporary ;rotection $rder <pplication in rcp"#2%7 contians mostly
    unattriAuted unsCorn hearsay and is misleading at Aest)
    /he suAstantive section containing the allegations in Bar Counsel Ging4s /;$ application
    of "#!#%!"# in +BC +C;#%"#2%%%%7 is pasted AeloC) 7t should Ae noted that Coughlin has Aeen
    through 3uite a lot this year, Aeing Crongfully incarcerated over "% times and Crongfully e)icted
    times, and as such, he is severely indigent, something Bar Counsel Ging is attempting to ta5e further
    advantage of Ay increasing Coughlin4s postage costs and decreasing the time he Could have to draft
    filings given the transport time such an (;$ Could add to the service thereof))))9r) Ging relied
    e1clusively on hearsay, conEecture, and inference in his account AeloC in those rare instances Chen
    he is not Eust outright lying) /he Dviolent scen from the movie DCape 0earD Cas actually an audio clip
    from the popular CeAsite CCC)harm)com containing an audio only 3uotation Ay +oAert Deniro Chere
    he confronts official misconduct perpetrated against him Ay his puAlic defender Ay invo5ing poCer of
    reading, learning, and philosophy)))things 9r) Ging oAviously finds litttle utility in:
    /he email of Coughlin4s copied aAove goes on for several more pages detailign the preEudice
    to his defense in "#2%.3% inherent to ?C;D 6eslie refusing to turn over the &!"3!"# and &!"7!"#
    production of tCo discs of (C$99 9"" calls Ay the ?CD< to Coughlin) ?here 6eslie attests that
    he had turned over a collection of materials on 7!#7!"#, he necessarily admits to having failed to
    turned over the discs only propounded after that point) 0urther 6eslie suApoened recordings from
    (C$99 on "%!3!"# in ""2%334" Aut never turned them over to Couglhin, despite only Aeing
    removed as counsel of record Cell over ". days thereafter, on "%!##!"#)
    7t4s not at all clear hoC a re3uest and suAse3uent $rder apparently prohiAiting
    Coughlin from calling, emailing or fa1ing the *BN Could address the alleged threat of physical harm)
    $ne cannot Ae physically harmed Ay a fa1, email, or phone call) 0urther, phone calls, fa1es, and
    emails are common in pending litigations, even one4s Chere post2Eudgment motions are Aeing sought
    and Chere Coughlin has a duty to see5 a stipulated continuance of, say, the deadline to file an appeal
    Arief in #337 prior to filing a motion see5ing one) /he (;$ apparently Could perhaps even forAid
    - 127-
    1
    2
    Coughlin from utiliIing a messenger service to deliver a filing to the *BN4s Cler5 of Court4s $ffice
    for the securing of a file stamp to Aeat a deadline, such as the "!3!"3, or "!4!"3 (depending upon
    Chether holidays are included in the 3 days for mailing calculus under N+C; (e' and the DeAoer
    decision', for Coughlin to file a N+C; .# or .9 9otion as to the "#!"4!"# NNDB ;anel 0indings of
    0act, Conclusions of 6aC, Chich recommends that Coughlin Ae irrevocaAly disAarred (disAarments
    Aecame irrevocaAle in #%%&') /o curtail the time Coughlin had to prepare such a motion, Chich Cas
    scant to Aegin Cith, Ay applying an onerous (;$ application, or the threat of arrest for anything
    arguaAly violative of it, Could Cor5 and inEustice, and has here, as Coughlin Cas arrested and
    charged Cith a felony (;$ violation for some alleged violation in connection Cith his see5ing from
    the *BN a stipulation to an e1tension of time to file his appeal Arief in #337 on or around the
    deadlien to do so of "!#3!"3) /he *BN has failed to respond to Coughlin4s reasonaAle in3uiries in
    that regard, as has the ?CD< DD< >oung (rather, Coughlin is funneled to an 7nspector Covington,
    Chom is arguaAly committing the unauthoriIed practice of laC, and such circumstances only further
    underscore the e1tent to Chich the ?CD< $ffice should Ae dis3ualified form prosecuting Coughlin,
    particularly Chere DD< Gandaras4 aAove email admits to feeling Coughlin4s competency is Arought
    into 3uestion, the events involving tCo former ?CD< Criminal Division prosecutor4s turned +BC
    Budges on #!"3!"3 in (an $rder for Competency (valuation signed and entered Ay Budge ;earson at
    an &:3% am hearing in ""2%334" Cas provided, in Criting, to Budge Clifton in "#2%.3%, Cith
    QshallY language, and DD< >oung4s Cillingness to go along Cith Budge Clifton in refusing to folloC
    N+* "7&)4%.4s mandatory stay is arguaAly impermissiAle) /o have +BC Bailliff4s then $rder
    Coughlin to remain at the +BC, then go into a hearing Arought on an (mergency Basis upon DD<
    >oung ma5ing an (1 ;arte +e3uest for Budge Clifton to resconsider his $rder for Competency
    (valuation
    - 128-
    1
    2
    /o Cit
    N-SJ00,354JJ(cts that constitute harassment in !or"pace,JJCarassment in the !or"pace
    occurs !henD
    ")ZZ< person 5noCingly threatens to cause or commits an act that causes:
    (a'ZBodily inEury to the person or another person=
    (A'ZDamage to the property of another person= or
    (c'Z*uAstantial harm to the physical or mental health or safety of a person=
    #)ZZ/he threat is made or the act is committed against an employer, an employee of the employer
    Chile the employee performs the employeeRs duties of employment or a person present at the
    Cor5place of the employer= and
    3)ZZ/he threat Could cause a reasonaAle person to fear that the threat Cill Ae carried out or the act
    Could cause a reasonaAle person to feel terroriIed, frightened, intimidated or harassed)
    <n employer or an authoriIed agent of an employer Cho reasonaAly Aelieves that harassment
    in the Cor5place has occurred may file a verified application for a /emporary $rder for protection
    against harassment in the Cor5place against the person Cho allegedly committed the harassment)
    N+* 33)#.%("') Ging offers no proof that he is Qan authoriIed agentY of the *BN or that he has Aeen
    given authority to file his self serving /;$ <pplication in %7) 0urther, Ging4s application is not
    verified) /he declaration Ging signed on the last page of his application fails to indicate that the
    unsigned, unattriAuted QsummaryY referenced on page # of & of Ging4s "#!#%!"# Q<;;67C</7$N
    0$+ /(9;$+<+> $+D(+ 0$+ ;+$/(C/7$N <@<7N*/ 8<+<**9(N/ 7N /8(
    ?$+G;6<C( (N+* 33)#.%'Y is incorporated Ay reference) 0urther, neither in that <pplication or
    any of the Q(1hiAits "<2"DY attached thereto, is there any indication as to Cho Crote the Q*ummaryY
    in (1hiAit ", Chich consists almost entirely of unattriAuted hearsay) /here is a Aurden of proof that
    must Ae met) 7ts not entirely clear Eust Chat that is in Nevada, Aut unattriAuted, unverified hearsay
    could hardly Ae said to satisfy any standard) <s such, the Q*ummaryY contained in Q(1hiAit "Y to
    Ging4s "#!#%!"# <pplication is less than evidence) 7ts nothing) 7ts certainly not verified, Chich is
    re3uired) By failing to utiliIe Q0rom B42Continuation ;ageY Ging failed to include that Chich is
    found in 0orm B4, Chich reads: QC$N/7N:</7$N ;<@( <;;67C<N/R* N<9(: [[[(N$/(: B(
    *;(C707C <* /$ ?8$ C$997//(D ?8</ <C/ $+ <C/(*', <@<7N*/ ?8$9, ?8(N,
    ?8(+(, ?8(/8(+ C$997//(D $+ /8+(</(N(D= 7ND7C</( <;;+$U79</( D</((*'
    <ND 6$C</7$N(*')' C$N/7N:(D 0+$9 ;<@( #: T>" ATTAC>"! A.,CAT,O$
    ,$CORORAT"# T>" CO$T,$LAT,O$ AI" '/ R"1"R"$C") 0orm B24 Continuation
    ;age)Y 0urther, even if one Chere to accept the QsummaryY attached to Ging4s /;$ <pplication of
    "#!#%!"# as satisfying the QverifiedY re3uirement (ie, that Chich is contained in the unattriAuted,
    unsigned, unincorporated Ay reference QsummaryY attached at Q(1hiAit "<Y to Ging4s "#!#%!"# /;$
    <pplication fails to Ae incorporated Ay reference into Ging4s Q0orm B3Y /;$ <pplication, therefore,
    the declaration Ay Ging on page & of & of his /;$ <pplication fails to apply to the unsigned,
    - 129-
    1
    2
    unattriAuted, largely irrelevant (it focuses on NNDB ;anel Chair (cheverria4s unnamed employees,
    mostly)))if (cheverria Cants to get his employees an N+* 33)#4% /;$ or (;$, he is free to apply for
    one, Aut it ma5es little sense for Ging4s /;$ <pplication to rest largely on accusations involving
    conduct Ay Coughlin toCard non2*BN employees, li5e those in (cheverria4s office)')
    ;age # of of the Q0orm B23Y used Ay Ging in his "#!#%!"# /;$ <pplication in %7 reads:
    Q7 reasonaAly Aelieve that the <dverse ;arty has threatened or
    committed an act or act(s' of harassment in the Cor5place as
    defined aAove) /he event(s' occurred as folloCs: N$/(: B(
    *;(C707C <* /$ ?8$ /8+(</(N(D $+ C$997//(D
    ?8</ <C/ $+ <C/* <ND <@<7N*/ ?8$9) 7ND7C</(
    <;;+$U79</( D</((*' <ND 6$C</7$N(*') A.#O
    .,#T #"C,1,C "-.O/""@#AK"R#O$@#A R"#"$T
    AT T>" 4OR6.AC" 4>O AR" T>" 1OCL# O1 T>"
    >ARA##-"$T OR 4>O- T>" A!0"R#" ART/
    #>OL.! '" !,R"CT"! $OT TO CO$TACT) /87*
    0$+9 7* < ;:B67C +(C$+D (in the Alan5s thereafter
    folloCing Ging has handCritten in':
    *ee *ummary contained in (1hiAit " including
    e1hiAits Q"<Y2 Q"DY)'
    N$/(: ;6(<*( D$ N$/ ?+7/( $N /8( B<CG* $0
    <N> ;<@(*= C>"C6 'ON ,1 /OL AR" L#,$I
    A!!,T,O$A. AI"#( Check if you use a continuation
    page @to be incorporated by referenceA @#ee ";hibit 7G
    (not only did 5ing fail to chec5 the preceding Ao1, he made a handCritten notation that is vague at
    Aest and of little value, particularly Chere is appears to Aegin Cith an unmatched parentheses
    folloCed Ay Q(1hiAit "Y, considering that Ging4s "#!#%!"# /;$ <pplication consists of Q(1hiAit "<2
    "DY according to the handCritten notation Ay Ging at page # of & on his Q0rom B23Y /;$
    <pplication of "#!#%!"#)))as such, one is left to Conder Chat, if any, of the materials comprising
    Q(1hiAit "Y are purported to Ae verified) $f course, none of them are) Ging Cants it Aoth Cays, he
    Cants to ta5e advantage of the poCer of having a /;$!(;$ issued, suAEecting Coughlin to arAitary
    restraints in the middle of a contentious, serious litigation (such as no telephone calls, emails, fa1es,
    or even, apparently, courier delivered filings Chere time is of the essence')
    (*ee, Q*tandardiIed 0orms for 9andatory :se in *tal5ing and 8arassment, ?or5place 8arassment
    and 8arm to 9inorsY at:
    http:!!CCC)nevadaEudiciary)us!inde1)php!vieCdocumentsandforms!*elf8elp;ro*e!*tandardiIed2
    0orms2for29andatory2:se2in2*tal5ing2and28arassment2?or5place28arassment2and28arm2to2
    9inors!orderAy,"!page,"!
    0orm B3 2 <pplication for /emporary $rder for ;rotection <gainst 8arassment in the ?or5place
    DoCnload Date ;osted: "" 9ar #%%9 0ile *iIe: "%9)"# GA DoCnloads: "" 0orm B4 2 Continuation
    ;age DoCnload Date ;osted: "" 9ar #%%9 0ile *iIe: "4)&4 GA DoCnloads: 7%
    Ging utiliIed Q0orm B3Y in his "#!#%!"# <pplication, hoCever, he failed to utiliIed Q0orm
    B42Continuation ;ageY, and instead apparently decided to included information in the form of a
    QsummaryY attached as (1hiAit "< to his /;$ application) 8oCever, the summary has less than no
    - 130-
    1
    2
    evidentiary value and cannot Ae said to contriAute anything toCards Ging meeting the Aurden of proof
    necessary to prove Couglin committed an action under N+* 33)#4% sufficient to Eustify issuing a /;$
    pursuant to N+* 33)#7% in light of the utter failure Ay Ging to included a single QverifiedY fact Cithin
    his any /;$ or (;$ application in %7 sufficient to meet the re3uirements of N+* 33)#.%(#'(c')
    Q*ervice of an application for an order, the notice of hearing thereon and the order must Ae served
    upon the person Cho allegedly committed the harassment pursuant to the Nevada +ules of Civil
    ;rocedure)Y N+* 33)3%%(#')
    Q/he verified application must include specific information aAout the Cor5place, as Cell as a
    detailed description of the events that allegedly constituted harassment in the Cor5place and the dates
    on Chich these events occurred) N+* 33)#.%(#') /he court may issue a /emporary $rder for
    protection against harassment in the Cor5place if it appears to the satisfaction of the court from
    specific facts shoCn Ay a verified application filed pursuant to N+* 33)#.% that harassment in the
    Cor5place has occurred) N+* 33)#7%("'< /emporary $rder for protection against harassment in the
    Cor5place must not Ae issued Cithout the giving of security Ay the employer in an amount
    determined Ay the court to Ae sufficient to pay for such costs and damages as may Ae incurred or
    suffered Ay the person Cho allegedly committed the harassment if the person Cho allegedly
    committed the harassment is found to have Aeen Crongfully enEoined or restrained) N+* 33)#7%(#')
    <ffidavit as Aasis for arrest or preliminary e1amination, see . <m) Bur) #d, <rrest KK %#, #.= #"
    <m) Bur) #d, Criminal 6aC
    <ffidavits in federal court proceedings, use of, see 3# <m) Bur) #d, 0ederal Courts
    Civil or criminal liaAility in connection Cith ma5ing of false or defamatory affidavit, see .% <m)
    Bur) #d, 6iAel and *lander K ..%= %< <m) Bur) #d, ;erEury KK 44 to 4&
    Defects in affidavit as rendering Eudgment suAEect to collateral attac5, see 47 <m) Bur) #d,
    Budgments KK 9" to 943
    Depositions, see #3 <m) Bur) #d, Depositions and Discovery
    6iaAility of notary puAlic for ta5ing false affidavit, see .& <m) Bur) #d, Notaries ;uAlic KK % to
    4
    $aths and affirmations generally, see .& <m) Bur) #d, $ath and <ffirmation
    -erification of pleading or Critten accusations in civil and criminal cases, see 4" <m) Bur) #d,
    7ndictments and 7nformations KK & to &9= "B <m) Bur) #d, ;leading KK &&& to &9&
    ;roAaAle cause e1ists for a Carrant Chen the circumstances are sufficient to cause a reasonaAly
    cautious person to Aelieve that the person accused is guilty of the offense charged)0ernander v) Bonis,
    947 *o) #d .&4 (0la) Dist) Ct) <pp) 4th Dist) #%%7')
    7n determining Chether proAaAle cause e1ists to issue an arrest Carrant, a magistrate is not
    re3uired to find a shoCing of criminal activity, as the mere proAaAility of such criminal activity is
    sufficient for proAaAle cause, and furthermore, the information offered to demonstrate proAaAle cause
    must Ae vieCed in a common sense, nontechnical, ungrudging and positive manner)L0N"#M < court
    must limit its in3uiry to the information Cithin the four corners of the affidavit suAmitted in support
    of proAaAle cause Chen determining Chether the arrest Carrant Cas issued upon proAaAle cause)
    L0N"3M /hus, the determination of proAaAle cause for an arrest Carrant is made from the facts as
    5noCn at the moment the Carrant is re3uested and is unaffected Ay facts later discovered)L0N"4M
    L0N"#M Com) v) /aylor, #%%4 ;< *uper "#, &.% <)#d &4 (#%%4') L0N"3M Com) v) /aylor, #%%4 ;<
    - 131-
    1
    2
    *uper "#, &.% <)#d &4 (#%%4') L0N"4M Busic5 v) *tate, 9% *o) #d &4 (9iss) Ct) <pp) #%%.', cert)
    denied, (Bune #3, #%%.')
    <mBur <rrests K ".) Discretion of court ?est4s Gey NumAer Digest ?est4s Gey NumAer Digest,
    Criminal 6aC 5#"7, #"&("' /he authority to issue valid arrest Carrant lies Cith the issuing
    magistrate, Cho is charged under the laC Cith ma5ing the determination as to Chether proAaAle cause
    e1ists)L0N"M :pon return of an indictment, or upon a finding of proAaAle cause, the issuance of a
    summons or an arrest Carrant is a matter left Cithin the discretion of the issuing Eudge or magistrate)
    L0N#M /he issuance of a criminal Carrant is a Eudicial act,L0N3M and the determination of sufficient
    proAaAle cause can Ae made only Ay a Eudicial officer)L0N4M /he magistrate must use his or her oCn
    Eudgment as to the persuasiveness of the facts,L0N.M and not act as a ruAAer stamp for police
    decisions on Chom to arrest)L0NM L0N"M Cleveland v) *tate, &%" *o) #d &"# (9iss) Ct) <pp) #%%"')
    L0N#M 8unter v) *tate, &7 *o) #d 3" (<la) Crim) <pp) #%%3') L0N3M /hornton v) *tate, ".7 @a) <pp)
    7., #7 *)()#d "#. ("9&"') L0N4M City of Birmingham v) 4&th Dist) Court Budge, 7 9ich) <pp) 33,
    #.. N)?)#d 7% ("977') <s to Cho may issue an arrest Carrant, see K "3) L0N.M :)*) v) (vans, .74
    0)#d 3.# (th Cir) "97&') L0NM 9oreau v) *tate, .&& ;)#d #7. (<las5a "97&')
    Coughlin oAEects to the lac5 of a sufficient oath or affirmation in the affidavits suAmitted in
    support of the +C<4s re3uests that the +9C issue a *ummons, and further oAEects to Budge ?)
    @ardner deciding such matter given the multitude of a Aasis for dis3ualifying him from ruling on
    anything related to Coughlin, Aut particularly these tCo prosecutions Chere the *BN and +9C4s
    complicity in attac5ing Coughlin is so at issue in Coughlin4s formal disciplinary matter and the appeal
    thereof in #337)
    77) 7n Criminal Cases
    B) ?ith ?arrant
    #) 7ssuance of ?arrant
    A) $ath or <ffirmation
    ;age . of the "#!#%!"# /;$ $rder in %7 instructed +;D Detective >truAide: QN$/7C( /$
    6<? (N0$+C(9(N/
    <ny laC enforcement officer, Cith or Cithout a Carrant, and Chether or not a violation occurs in the
    presence of the officer, may arrest and ta5e into custody the <dverse ;arty, Chen the laC enforcement
    officer has proAaAle cause to Aelieve that (a' an $rder has Aeen issued pursuant to N+* 33)#7%
    against the <dverse ;arty= (A' the <dverse ;arty has Aeen served Cith a copy of the $rder= and (c' the
    <dverse ;arty is acting or has acted in violation of the $rder)
    <ny laC enforcement agency in Nevada may enforce a Court $rder issued pursuant to N+* 33)#7%
    Cithout regard to the county in Chich the $rder Cas issued)
    7f a laC enforcement officer cannot verify that the <dverse ;arty Cas served Cith a copy of this
    $rder, the officer shall serve the <dverse ;arty Cith a copy of the $rder if a copy is availaAle)Y
    - 132-
    1
    2
    /here is no indication QCithin the four corners ofY >turAide4s #!##!"3 <ffidavit included Cith
    +C< *ooudi4s re3uest to the +9C to issue a *ummons as to Chy Detective >truAide felt Coughlin
    had Aeen served either the /;$ <pplication, the /;$ $rder, or the (;$ <pplication (for Chich there
    Cas none' or the (;$ $rder) <s such, Detective >truAide4s <ffidavit is entirely cursory and
    conclusory and failes to even specify Chy he felt that Coughlin had Aeen served, or Chom made any
    such indication to him)
    /hat same slapdash, arrogant, entitled, retaliatory (his Cife, Body >turAide, and apparently
    another relative as Cell, is a 9"" Dispatcher for (comm alongside +;D $fficer Nicholas Duralde4s
    Cife, Bessica Duralde' approach evinced in Detective >truAide4s <ffidavit is also on display Chere the
    very /;$ $rder of "#!#%!"# Chich he purports to have revieCed, states, in Aold type, on the first
    page, that a violation of that Q/(9;$+<+> $+D(+ 0$+ ;+$/(C/7$N <@<7N*/
    8<+<**9(N/ 7N /8( ?$+G;6<C( (N+* 33)#7%'Y is a misdemeanor: Q:nder N+* "93)".%, a
    misdemeanor is punishaAle Ay imprisonment in the county Eail for not more than months, or Ay a
    fine of not more than H",%%%)%%, or Ay Aoth fine and imprisonment)Y *o, Aeyond the fact that on its
    face, in Aold, on page one of Aoth the "#!#%!"# /;$ and the "!4!"3 (;$, Detective >turAide Cas
    noticed, in Criting, that a violation of either Cas a mere misdemeanor, specifically citing to N+*
    "93)".%, Detective >truAide, in his retaliatory approach, managed to charge Coughlin Cith the Crong
    statute (N+* #%%).9"', and overcharge Coughlin Ay listing a gross misdemeanor and a felony as the
    <rrest +eport) @iven that evena Aro5en cloc5 is right tCice a day, Detective >turAide4s retaliatory
    animus (to see5 that Coughlin Could Ae incarcerated for an e1tended period of time given Coughlin4s
    indigency and the H.,%%% in Aail re3uired of Couglin to Ae release from Eail pursuant to such
    overcharging Ay >turAide')
    @reat preEudice inured to the already indigent Coughlin, Chom Cas at the time of the #!&!"3
    arrest facing enormously overarching and pressing deadlines in the appeal of the "#!"4!"# 0$0C$6
    Ay the NNDB ;anel in #337, Chich purports to Ae a QdecisionY sufficient to invo5e the Q3% daysY to
    file Coughlih4s $pening Brief under *C+ "%.(3')
    7n order to conduct any sort of QproAaAle causeY analysis sufficient to ma5e the #!&!"3 arrest
    Detective >truAide alleges he made, or the 3!!"3 issuance of a *ummons Ay +9C Budge ?)
    @ardner, either Could have, necessarily, needed to revieC and analyIe the alleged facts (only those in
    >turAide4s affidavit in the case of the analysis for the issuance of the 3!!"3 *ummons' in light of the
    re3uirements of N+* 33)#7%, including:
    QN+* 33)3#7%(')ZZ7f a temporary order for protection against harassment in the Cor5place is
    granted, ))) the employer or the employerRs authoriIed agent may apply for an e;tended order for
    protection against harassment in the Cor5place Ay filing a verified application for an e;tended order
    for protection against harassment in the Cor5place))) The appication must:
    (a'Z7n addition to the information re3uired Ay suAsection # of N+* 33)#.%, (Q(c'Z< detailed
    description of the events that allegedly constituted harassment in the workplace and the dates on
    which these events occurredY' set forth the facts that provide the basis for granting an e;tended
    order for protection against harassment in the Cor5place=)))
    7)ZZ<t the hearing on an application filed pursuant to suAsection , the employer must present
    evidence sufficient to support the granting of the application for an e1tended order for protection
    against harassment in the Cor5place)Y
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    1
    2
    P /1, -e>uisites and sufficiency of affida)it or compaint Criminal 6aC 5#"7, #"&("' to #"&(.'
    <n affidavit supporting an arrest Carrant must provide the magistrate Cith sufficient information
    to support an independent Eudgment that proAaAle cause e1ists to Aelieve that the accused has
    committed an offense, and mere conclusions in the affidavit are not sufficient)L0N"M 7t is clearly
    estaAlished that the 0ourth <mendment re3uires a truthful shoCing of sufficient facts Chich amount
    to proAaAle cause Aefore an arrest Carrant can issue)L0N#M /ruthful is defined as QAelieved or
    appropriately accepted Ay the affiant as true)YL0N3M 0alsehoods in a proAaAle2cause affidavit in
    support of an arrest Carrant are deemed to Ae QmaterialY to a finding of proAaAle cause only if the
    affidavit, Cith the false material set to one side, is insufficient to estaAlish proAaAle cause)L0N4M
    CautionD
    <n affiant is not re3uired to include in an affidavit of proAaAle cause supporting an arrest Carrant
    every piece of information gathered in the course of investigation that might prove e1culpatory, due
    to feasiAility constraints and the fact that proAaAle cause is a loCer standard than the QAeyond a
    reasonaAle douAtY standard re3uired at trial)L0N.M
    /he sufficiency of the affidavit underlying an arrest Carrant may Ae challenged in a hearing)
    L0NM 7f a defendant Cishes a hearing to challenge the truthfulness of an affidavit underlying an
    arrest Carrant, the defendant must ("' ma5e a suAstantial preliminary shoCing that a false statement
    5noCingly and intentionally, or Cith rec5less disregard for the truth, Cas included Ay the affiant in
    the Carrant affidavit= and (#' shoC that the allegedly false statement Cas necessary to the finding of
    proAaAle cause)L0N7M <ny fair douAt arising from the testimony at the suppression hearing as to
    Chether the affidavit4s allegations Cere perEurious should Ae resolved in favor of the Carrant, since
    those allegations have already Aeen e1amined Ay a Eudicial officer in issuing a Carrant)L0N&M
    8oCever, the arrest may still Ae upheld if,
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    1
    2
    after the offending material is disregarded, proAaAle cause sufficient to support the arrest remains
    in the affidavit)L0N9M 7f insufficient proAaAle cause remains in the affidavit, the arrest Cas unlaCful)
    L0N"%M
    ?here omissions are the Aasis for a challenge to an affidavit of proAaAle cause in an arrest
    Carrant, an appellate court applies the folloCing test: ("' Chether the officer Cithheld a highly
    relevant fact Cithin his or her 5noCledge, Chere any reasonaAle person Could have 5noCn that this
    Cas the 5ind of thing the Eudge Could Cish to 5noC= and (#' Chether the affidavit Could have
    provided proAaAle cause if it had contained a disclosure of the omitted information)L0N""M
    <ffidavits in support of arrest Carrants are liAerally construed and are not suAEect to evidentiary
    technicalities)L0N"#M <ffidavits should Ae interpreted in a common2sense manner and resolution of
    douAtful or marginal cases should Ae determined for the most part Ay preference to the Carrant)
    L0N"3M
    CautionD
    7n appraising the ade3uacy of a Carrant application, neither a revieCing trial court nor a revieCing
    appellate court is permitted to ma5e its oCn independent determination as to proAaAle cause)L0N"4M
    /he Aasis for a finding of proAaAle cause must appear on the face of the complaint)L0N".M <
    complaint Chich states as a mere conclusion that the accused has committed a specified crime,
    Cithout alleging that the affiant spea5s from personal 5noCledge, indicating any sources for his or
    her Aelief, or setting forth any other sufficient Aasis on Chich a finding of proAaAle cause could Ae
    made, is an insufficient Aasis for the issuance of an arrest Carrant, since it does not permit the
    magistrate to ma5e any independent assessment of the proAaAility that the accused committed the
    crime charged)L0N"M
    Common rumor or report, suspicion, or even strong reason to suspect, is not ade3uate to support a
    Carrant for arrest,L0N"7M although hearsay may Ae the Aasis of the affidavit if the magistrate is
    provided Cith some of the underlying circumstances indicating the statements are reliaAle)L0N"&M
    <n affidavit that merely states Aelief in the guilt of the accused is insufficient to support a Carrant
    of arrest)L0N"9M
    C+M+L(TI;E S+PPLEMENT
    CasesD
    <n arrest2Carrant affiant violates the 0ourth <mendment Chen he or she 5noCingly or Cith
    rec5less disregard for the truth, includes false statements in the affidavit, or 5noCingly or rec5lessly
    omits from an arrest affidavit information Chich, if included, Could have vitiated proAaAle cause)
    :)*)C)<) Const)<mend) 4) Gerns v) Board of Com4rs of Bernalillo County, 7%7 0) *upp) #d ""9%
    (D)N)9) #%"%')
    - 135-
    1
    2
    <ffidavit in support of arrest Carrant estaAlished proAaAle cause for arrest of defendant for
    dealing in methamphetamine= police detective testified that he searched confidential informant
    (C7' and his vehicle prior to giving the C7 photocopied Auy money and sending him to ma5e drug
    purchase from defendant, detective placed an audio video recording device on the C7 that recorded
    the transaction, detective and a second detective folloCed the C7 to defendant4s 5noCn residence,
    during entire drug Auy, the C7 Cas under audio video surveillance, after controlled Auy, the C7 did not
    ma5e contact Cith anyone else, Cent Aac5 to his car and met detectives at a staging location, Chere
    he Cas found to Ae in possession of a plastic Aag Cith a Chite suAstance in it) :)*)C)<) Const)<mend)
    4= ?est4s <)7)C) Const) <rt) ", K ""= ?est4s
    <)7)C) 3.P33P.P", 3.P33P.P#) 8eyen v) *tate, 93 N)()#d #94 (7nd) Ct) <pp) #%"%')
    SEN< O8 S+PPLEMENTT
    L0N"M Bell v) *tate, "9 *)?)3d 3&4 (/e1) <pp) 0ort ?orth #%%.', petition for discre
    tionary revieC refused, (Nov) 9, #%%.') < finding of proAaAle cause for an arrest Carrant under the
    0ourth <mendment Ay a neutral Eudicial officer must Ae supported Ay sufficient reliaAle information,
    and a Eudicial officer may not Aase his or her finding of proAaAle cause upon a mere ratification of the
    Aare conclusions of others) @iAson v) *ain, 979 0) *upp) ..7 (?)D) 9ich) "997', rev4d, ".9 0)3d #3%,
    "99& 0(D <pp) %3".; (th Cir) "99&')
    L0N#M 9oody v) *t) Charles County, #3 0)3d "4"% (&th Cir) "994') L0N3M 0ran5s v) DelaCare, 43&
    :)*) ".4, 9& *) Ct) #74, .7 6) (d) #d 7 ("97&') L0N4M DiNicola v) Di;aolo, #. 0) *upp) #d 3%
    (?)D) ;a) "99&') L0N.M DiNicola v) Di;aolo, #. 0) *upp) #d 3% (?)D) ;a) "99&') L0NM 0ran5s v)
    DelaCare, 43& :)*) ".4, 9& *) Ct) #74, .7 6) (d) #d 7 ("97&') L0N7M *tate v) Bangulescu, &%
    Conn) <pp) #, &3# <)#d ""&7 (#%%3') L0N&M ;eople v) <lfinito, " N)>)#d "&", #4 N)>)*)#d #43,
    #"" N)()#d 44 ("9.') L0N9M *tate v) Cortis, #37 NeA) 97, 4. N)?)#d "3# ("99"') L0N"%M DeAord
    v) *tate, 4## *o) #d &&" (0la) Dist) Ct) <pp) #d Dist) "9&#') L0N""M Com) v) /aylor, #%%4 ;< *uper
    "#, &.% <)#d &4 (#%%4') L0N"#M Ban5s v) ;eople, 9 ;)#d #93 (Colo) "9&.'= *tate v) Bones, #33
    Gan) "7%, %
    ;)#d 9. ("9&3'= BuIAee v) *tate, .& 9d) <pp) .99, 473 <)#d "3". ("9&4') L0N"3M :)*) v)
    -entresca, 3&% :)*) "%#, &. *) Ct) 74", "3 6) (d) #d &4 ("9.')
    - 136-
    1
    2
    L0N"4M 0itIgerald v) *tate, ".3 9d) <pp) %", &37 <)#d 9&9 (#%%3', Eudgment aff4d, 3&4 9d)
    4&4, &4 <)#d "%% (#%%4') L0N".M @iordenello v) :)*), 3.7 :)*) 4&%, 7& *) Ct) "#4., # 6)
    (d) #d ".%3 ("9.&') L0N"M @iordenello v) :)*), 3.7 :)*) 4&%, 7& *) Ct) "#4., # 6) (d) #d
    ".%3 ("9.&') L0N"7M 8enry v) :)*), 3" :)*) 9&, &% *) Ct) "&, 4 6) (d) #d "34 ("9.9')
    L0N"&M *tate v) -inal, #%. Conn) .%7, .34 <)#d "3 ("9&7'= Corey v) Com), & -a) <pp) #&",
    3&" *)()#d "9 ("9&9') L0N"9M ?hiteley v) ?arden, ?yo) *tate ;enitentiary, 4%" :)*) .%, 9"
    *) Ct) "%3", #&
    6) (d) #d 3% ("97"') ) <9B:+ <++(*/ K "9
    Coughlin hereAy moves to vacate, or set aside the intial proAaAle cause determination made
    incident to Budge ?) @ardner issuing a *ummons in Aoth 39"3 and 39"4 (and to Chatever e1tent
    Budge 8oCard so ruled on 4!"7!"3 at Chat Coughlin Aelieves Cas an inappropriate QarraignmentY
    Chere the service of the summons Cas ineffective and the return of service Ay the +9C4s 6isa
    @ardner fails to indicate Chether she sent the *ummons and Complaint Ay certified mail only and the
    +9C has failed to file (or at least serve on Coughlin' and update return of service of either the
    Complaints or <mended Criminal Complaints sufficient to address the dictate that Chere, under
    N+C; 4 (made applicaAle in these criminal matters Ay statute' the server has reason to Aelieve the
    certified mailing Cas not received Ay the intended recipient (such as the +9C recieving as unclaimed
    any certified mailing it sent Coughlin of such', particularly Chere the +9C failed to copy such
    mailing to Coughlin via Qfirst class mailY, that the +9C then has a duty to update the +eturn of
    *ervice and service must Ae 3uashed, as Coughlin is so hereAy see5ing) 0urther, any deadline for
    Coughlin to challenege the initial 3!!"3 *ummons must Ae tolled until, at the earliest, the 4!"7!"3
    date Chen the +9C purports its 9arshal handed Coughlin various document at the QarraignmentY)
    /he 3!!"# *ummons in +9C "3 C+ 39"3 reads: Q>$: <+( 8(+(B> N$/707(D that a
    Complaint charging the offense(s' of -7$6</7$N $0 < /(9;$+<+> $+ (U/(ND(D $+D(+
    0$+ ;+$/(C/7$N <n</N))/ , 8<+<**9(N/ 7N /8( ?$+G;6<C(, a violation of Nevada
    +evised *tatue 3%%)3.% as incorporated through +eno 9unicipal Code ")%4)%"., has Aeen filed
    against you in the 9unicipal Court of the City of +eno)
    0:+/8(+, >$: <+( 8(+(B> *:99$N(D to appear in Courtroom < of the +eno
    9unicipal Court for the purpose of arraignment on the "7
    th
    day of <pril, #%"3, at #:%% p)m)
    - 137-
    1
    2
    0<76:+( /$ <;;(<+ 0$+ <++ <7@N9(N/ $N /8( <B$-( D</( ?766 +(*:6/
    7N /8( 7**:<NC( $0 < ?<++<N/ 0$+ >$:+ <++(*/ $N /8( <B$-(267*/(D
    C8<+@((*') +eno 9unicipal Court is located at " *outh *ierra *treet, +eno, Nevada) D</(D thi*

    th
    day of 9arch, #%"3) !s! B:D@( ?7667<9 6) @<+DN(+, +eno 9unicipal Court)
    /he *ummons folloCs the insufficiency of the original Complaint itself in listing the
    violation of a non2e1istent statute (Qa violation of Nevada +evised *tatute 3%%)3.%Y')))7ts funny, the
    copy of the original purportedly provided to Couglin upon his arriving at the 4!"7!"3 arraignment in
    Aoth case has a visiAle Ait of QChite2outY aAove the error as to the numAer of the statute (Q3%%)3.%Y
    Cith such numAer have a line QthroughY it, along Cith that Qcrossed2outY Q3%%)3.%Y has Aeen retraced
    in pen Ay hand)))revealing the fact that someone (perhaps 6isa ?agner or -eronica 6opeIF' had
    crossed out the error in the citation (the suAse3uent <mended Criminal Complaint changes the
    citation to N+* Q33)3.%Y' then interlineated the QcorrectY statutory citation thereaAove, then realiIed
    that it is inappropriate for employees or Budges of the +9C to Ae fi1ing the prosecutors errors,
    particularly Chere Budges 8oCard, ?) @ardner, and 8olmes too5 an Qoverly rigid and formulaic
    approach in applying procedural rules to pro se indigent criminal defendantsY li5e Coughlin (in
    ##"7, #4%., #&%%, etc)= and Chere Budge DilCorth, on "#!3!"# in "# C+ "#4#% may have alloC
    +C< *ooudi to amend his criminal complaint more than once Cithout see5ing leave of court, and
    Chere further, the "%!""!"# <mended Criminal Complaint fails to contain the +9C case numAer
    anyChere in or near the caption, Aut rather contains some +;D numAer, and Chere Coughlin asserted
    he did not received such mailing from *ooudi (entirely possiAle given Couglin filed a :*;* change
    of address on "%!.!"# from his then 39" post office Ao1, and typically 4government mail4 mail does
    not get forCarded Ay the :*;* for some reason))
    K #") Description of offense
    ?est4s Gey NumAer Digest
    ?est4s Gey NumAer Digest, Criminal 6aC 5#"&(.'
    < Carrant for an arrest must contain a statement of the crime of Chich the person to Ae
    arrested is accused)L0N"M 8oCever, a Carrant does not re3uire the same particularity Chich is
    demanded in indictments)L0N#M 7naccuracies and imperfections do not vitiate a Carrant that does not
    Cholly fail to charge an offense)L0N3M /he purpose of stating the offense on an arrest Carrant is to
    provide notice to the person Aeing ta5en into custody of the charges alleged against him or her)L0N4M
    - 138-
    1
    2
    ?here an affidavit on Chich a Carrant is Aased sets out the charge in full and the magistrate
    appends the Carrant thereto, this incorporates the charge, and the Carrant and affidavit must Ae
    construed together)L0N.M Co!e)er, !here a compaint, recited in su#stance in a !arrant, is
    )erified merey on information and #eief and does not state facts sufficient to constitute an
    offense, the !arrant must #e hed to ha)e #een impro)identy issued and to #e in)aid on its
    face)L0NM @o2Bart 7mporting Co) v) :)*), #&# :)*) 344, ." *) Ct) ".3, 7. 6) (d) 374 ("93"')
    @enerally, an arrest Carrant Chich suAstantially folloCs the Cords of a statute is sufficient as
    a criminal pleading Chen it charges the essentials of the offense in a plain, intelligiAle, and e1plicit
    manner)L0N7M 0or the purpose of an arrest Carrant Chich uses statutory language to descriAe the
    crime, if the statutory language fails to set forth the essentials of the offense, then the statutory
    language must Ae supplemented Ay other allegations Chich plainly, intelligiAly, and e1plicitly set
    forth every essential element of the offense as to leave no douAt in the mind of the defendant and the
    court as to the offense intended to Ae charged)L0N&M
    L0N"M *tate v) @arcia, "4 N)C) <pp) 74., ..3 *)()#d 9"4 (#%%"')
    < description of the offense charged is also re3uired in Carrants issued pursuant to the
    0ederal +ules of Criminal ;rocedure) 0ed) +) Crim) ;) 4(A'("'(B')
    L0N#M 8opper v) City of ;rattville, 7&" *o) #d 34 (<la) Crim) <pp) #%%%') L0N3M ?illiams v)
    *tate, 97 0la) 4%", "#" *o) 4# ("9#9') L0N4M Castelan v) *tate, .4 *)?)3d 49 (/e1) <pp) Corpus
    Christi #%%"') L0N.M 9oser v) 0ul5, #37 N)C) 3%#, 74 *)()#d 7#9 ("9.3') L0NM @o2Bart 7mporting
    Co) v) :)*), #&# :)*) 344, ." *) Ct) ".3, 7. 6) (d) 374 ("93"') L0N7M *tate v) @arcia, "4 N)C) <pp)
    74., ..3 *)()#d 9"4 (#%%"') L0N&M *tate v) @arcia, "4 N)C) <pp) 74., ..3 *)()#d 9"4 (#%%"')
    ?hen the defendant has not Aeen arrested or cited, proAaAle cause must Ae Eudicially found
    Aefore issuance of a summons or arrest Carrant)gh /he proAaAle cause finding is indicated Ay the
    Eudge4s signature on the information)g7h
    /he proAaAle cause shoCing is almost alCays made in the form of an affidavit or affidavits
    filed Cith the information) :sually the affiant is a police officer)g&h /he affidavits must demonstrate
    DsuAstantial evidenceD Chich may Ae partly or entirely hearsay, Dprovided there is a suAstantial Aasis
    - 139-
    1
    2
    for Aelieving the source of the hearsay to Ae crediAle and for Aelieving that there is a factual Aasis for
    the information furnished)Dg9h ) -)+)Cr);) 4(a',(A')
    7) -)+)Cr);) 4(a') &) /he rules also permit a sCorn recorded statement Aefore the Eudicial
    officer in lieu of an affidavit, -)+)Cr);) 4(a', Aut the procedure is hardly ever used) 9) -)+)Cr);) 4(A'=
    .(c') /he language codifies the so2called <guilar2*pinelli test of proAaAle cause) *ee K #)", supra)
    Q0ormal +e3uisites
    -)+)Cr);) 7(A' dispenses Cith most of the common laC pleading formalities, Aut a charge of
    crime Ay indictment or information must still DAe signed Ay the prosecuting officer on his oath of
    officeD= and it must Dcommence Cith the Cords iBy the authority of the *tate of -ermont4 and
    conclude Cith the Cords iagainst the peace and dignity of the stateL)M4D /he re3uirement of an oath is
    intended to verify the prosecutor4s proAaAle cause finding)g#&h /he formal commencement and
    conclusion are constitutional re3uirements)g#9h /he Dagainst peace and dignityD allegation, hoCever,
    is only a formality and does not imply a suAstantive element of the offense charged= the state has no
    duty to prove that a victimless crime li5e private mariEuana possession actually offends the puAlic
    peace and dignity)g3%h
    /he charge must also give an Dofficial or customary citationD of the statute or other provision
    allegedly violated, and of any penalty section, Aut errors in these citations Cill not ma5e the charge
    defective Dif the error or omission did not mislead the defendant to his preEudice)Dg3"h
    K .)%4
    *ufficiency 2 ;roviding Notice of the Crime Charged
    -)+)Cr);) 7, modeled after the federal rule, is intended to avoid the rigid pleading
    technicalities Cith Chich the common laC Cas sometimes oAsessed) 7ts Aasic re3uirement is that the
    information or indictment set forth Da plain, concise, and definite Critten statement of the essential
    facts constituting the offense charged)Dg3#h /he principal constitutional purpose to Ae served under
    Aoth the si1th amendment and chapter 7, article "%g33h is providing fair notice of the De1act offense
    chargedD so that the defendant can ma5e Dintelligent preparation for his defense)Dg34h /he
    - 140-
    1
    2
    information must also Ae specific enough to Dpermit a plea in Aar to a suAse3uent prosecutionD for the
    same crime or crimes)g3.h
    /he -ermont *upreme Court has adopted Chat it calls a Dcommon sense approach,Dg3h Aut
    the case laC has generated its oCn anomalies and rigidities)
    K .)%.
    2 /ime, ;lace, and Name
    /he charge must allege Eurisdiction in -ermont,g37h venue in the county,g3&h and a date
    Cithin the applicaAle statute of limitations)g39h /he identity of the defendant is also a re3uired
    component of the pleading, Aut its omission is only a technical defect Chen the target of the pleading
    is identified in the affidavit)g4%h <ll three items are invariaAly pleaded in some form in the
    information itself)g4"h
    K .)%
    2 ;leading *tatutory and 7mplicit (lements
    *tating Dthe essential facts constituting the offense chargedD is said to re3uire, as a
    constitutional minimum, a statement of the essential elements of criminal liaAility)g4#h /he practice
    in many counties has Aeen to stic5 to the minimum, although the -ermont court has sometimes
    strongly encouraged a fleshing out of AareAones charges)g43h But Chatever fleshing2out may Ae
    re3uired,g44h DLaMn information Chich omits an essential element of the crime charged is defective
    and cannot serve as the Aasis of a conviction)Dg4.h /he same is true Chen an information fails to
    allege an aggravating element alloCing enhanced punishment,g4h or facts Chich Could Carrant
    recidivist penalties at sentencing)g47h 7n such cases, the information Cill support conviction of only
    the lesser offense)g4&h
    - 141-
    1
    2
    /he statutory elements need not Ae pleaded in the e1act language of the statute, so long as
    they are alleged in suAstance) < charge that the defendant attempted Dse1ual assaultD against the
    victim Ay (inter alia' DforciAly restrainingD her and Dattempting to engage in se1ual intercourseD Cas
    sufficient even though it did not allege the particular Dse1ual actD attemptedg49h or e1plicitly allege
    the element of compulsion)g.%h
    But even this minimum re3uirement may not Ae enforced as to DimplicitD elements of liaAility)
    Criminal statutes, especially older ones, often do not e1plicitly state all elements held to Ae essential
    for conviction) 7n particular, the re3uired mental state is often left unstated in the statutory language
    and the court has defined the culpaAle mens rea Ay case laC)g."h /he -ermont *upreme Court has
    made a sharp distinction AetCeen these implicit elements and e1plicit DstatutoryD elements)
    <n information that omits an implicit element is not DEurisdictionallyD defective) <Asent a
    shoCing of preEudice, the court Crote in *tate v) +oy,g.#h DChere the relevant statute does not
    specify a 5noCledge or intent element, ) ) ) the omission of such an implied element is not fatal,
    especially Chere the defendant has failed to oAEect AeloC)Dg.3h $n a narroC reading of these cases,
    the distinction AetCeen implicit and statutory elements relates less to the sufficiency of the charge
    than to counsel4s duty to preserve an oAEection) $mission of a statutory element need not Ae oAEected
    to Aefore trial and can Ae properly raised for the first time on appeal,g.4h although Chen the claim is
    made for the first time in a collateral postconviction proceeding the defendant must demonstrate
    preEudice)g..h +oy holds that omissions of implicit elements must Ae oAEected to in a timely fashion
    Aut leaves amAiguous Chether a timely oAEection should Ae sustained)g.h *uAse3uent cases give
    grounds to argue that the state may not have a duty to plead implicit elements) 7n *tate v) *tanislaC,
    g.7h an information charged involuntary manslaughter Cithout alleging any mental element) /he trial
    court denied the defendant4s motion to dismiss (for failure to state an offense' Aut alloCed an
    interlocutory appeal) <greeing that criminal negligence Cas an implicit element of the offense, the
    supreme court nevertheless held that the information (Chich failed to charge it' Cas not defective,
    inasmuch as it Dset out the offense in the language of the statuteD and Dade3uately informed defendant
    of Aoth the charge against him and his alleged acts giving rise to that charge)Dg.&h
    - 142-
    1
    2
    7nformations that omit implicit elements are relatively common Chile it is much rarer for a
    charge to drop a statutory element) /he difference in treatment seems to Ae motivated Ay this
    difference in fre3uency) <t any rate, the court has stated no principled Aasis for the distinction)
    Because the Aasic goal is to provide full and fair notice of the charge, a charge that omits an implicit
    case laC element is no less dangerous than a charge that merely omits statutory language) Nor can the
    distinction Ae s3uared Cith the principle that an information DChich omits an essential element of the
    crime charged ) ) ) cannot serve as the Aasis of a convictionDg.9h inasmuch as implicit elements are
    every Ait as DessentialD as statutory ones)
    7t is not alCays oAvious Chether an essential element is a DstatutoryD element or merely an
    implicit one) 7n *tate v) 0rancisg%h the defendant Cas charged Cith assault and roAAery)g"h /he
    DassaultD element of this offense, the court held, incorporated the simple assault statutes,g#h Chich
    in turn spelled out various species of misdemeanor assault and their accompanying mental states) /he
    statutory elements of the assault statute, the court held, are merely implied elements of the roAAery
    statute, and so failure to plead them in a roAAery prosecution does not fall Cithin the rule of Greth)
    g3h *imilarly, an allegation of an attempt need not specifically allege the statutory elements of the
    attempt statute,g4h for e1ample, that the defendant failed to complete the crime DAy reason of Aeing
    interrupted or preventedL,MD so long as the charge, read in connection Cith the affidavit of proAaAle
    cause, gives fair notice of the crime)g.h
    K .)%7
    2 Negating (1ceptions
    7ts pretty appallign to revieC the *BN4s /;$ application of "#!#%!"# Chen
    considering it 5neC full Cell it had an ongoing litigation Cith Couglin in N@"#2%#%4 and an
    impending appeal in #337 Cherein Coughlin Cas Aoth the party and the attorney therein
    (representing himself', further, the coy approach in (1hiAit " therein Chere Ging is referred to in the
    third person, and there is no attriAution as to authorship, and Ging failed to incorporate Ay reference
    such (1hiAit " *ummary into the verifcation or declaration he Casn4t even permitted to ma5e
    anyCays (one, for a corporation such as the *BN, it must Ae an officer, tCo, Ging Cas see5ing the
    /;$, in part, for himself, and that is not permitted under N+* 33)#7%)))') 0urther, the statement in
    - 143-
    1
    2
    the *BN4s "#!#%!"# /;$ <pplciation (1hiAit " Q*ummaryY that Coughlin no longer Qhas any
    AusinessY on the *tate Bar4s property or Cith the *tate Bar that might involve needing to QcontactY the
    *BN or suAmit papers for filing or otherCise (perhaps incident to a pressing and short deadline,
    especially Chere Ging, cheatin4 again, failed to comply Cith *C+ ""9 upon Coughlin see5ing to
    oAtain a copy of the transcript of the ""!"4!"# hearing, even, as Couglin e1pressed, Chere the *BN
    may attempt to re3uire payment up font, as Gign Caited over a month to even respond to Couglin4s
    3ueries in that regard, and in the meantime had e1 part communications Cith the Chair and the court
    reporter firm resulting in the e3ually appalign ""!"!"# $rder Ay Chair (cheverria, Chom couldn4t
    Eudge his Cay out of a paper Aag, some might say, so devoid of any sort of appearance of neutrality or
    Eudicial temperment as to render the idea of him Aeing a Eudge a truly frightening proposition, some
    might say)
    8(<+7N@ 2 -ol) 7, (;ages "79:" to "&%:##' 9+) (C8(-(++7<: /his is a preliminary
    investigation) Bar rules re3uire attorneys to cooperate Cith the preliminary investigation) <s 7
    understand, 9r) Ging is trying to estaAlish Chether or not you did so) /hat4s an issue that 7 Aelieve is
    relevant to the determination of the degree of punishment, if any, that should floC to you as a result
    of your conduct) *o, 9r) Ging, move on, please) 9+) G7N@: /han5 you) /8( ?7/N(**: >our
    8onor, can 7 Eust 3uic5ly attempt to more thoroughly address that issueF 9+) (C8(-(++7<: 7
    thin5 you4ve Aeen afforded ade3uate opportunity to do so) 8oC you choose to respond is up to you)
    9r) Ging, ne1t 3uestion, please) 9+) G7N@: /han5 you) /8( ?7/N(**: /hat4s the Chole notice
    thing) >ou4re as5ing me to ansCer a 3uestion Aased upon a tCo2page letter Chere 7 haven4t Aeen
    noticed on the idea that 7 Cill Ae as5ed to) <nd then if 7 don4t 22 if 74m Cor5ing through it, you4re
    cutting me off, not letting me put it in the record) 9+) (C8(-(++7<: 9r) Ging, you cited in one of
    your pleadings a re3uest that all issues pending Aefore you Ae heard at one hearing) /here Cas a letter
    you sent to the state Bar that you 3uote in one of your pleadings) /8( ?7/N(**: 7 re3uested thatF
    9+) (C8(-(++7<: >es, sir) /8( ?7/N(**: >ou haven4t read my pleadings) 9y Chole point Cas
    Aifurcating, hoC ridiculous it is to glom all these together) ,5m so glad you just said that on the
    record(G
    < revieC of the +$< of #!"3!"3 reveals no such thing as that (cheverria refers to Chere he
    states Q8(<+7N@ 2 -ol) 7, (;age "&%:"3 to "&%:"' 9+) (C8(-(++7<: 9r) Ging, you cited in one
    of your pleadings a re3uest that all issues pending Aefore you Ae heard at one hearing) /here Cas a
    letter you sent to the state Bar that you 3uote in one of your pleadings)Y
    - 144-
    1
    2
    ?hat is really revealed in that slip of (cheverria4s tongue is the e1tent to Chich
    folloCed through on his threat to Couglin of "%!".!"# to have numerous e1 part communications Cith
    the ;anel and Chair Cherein he Could have great opportunity to push his slanted agenda on them,
    Chich, as Couglin could have easily predicted, Ging see5ing to oAfuscate the issues Ay managing to
    convince the ;anel and Chair that Couglin actually didn4t Cant a Aifirucated disciplinary hearing (ie,
    one to address that Chich the panel had Eurisdiction to address pursuant to %&3&)))the petty larceny
    candy Aar conviction= and then tCo, or mayAe three or four (its not necessarily Coughlin4s fault that
    cops and Eudges and prosecutors are handing out arrests, convictions, and prosecutions li5e
    candy)))additionaly hearings)))the numAer largely depends on the $rders Ay the Court stemming from
    *C+ """ ;etitions that Ging gets paid rather Cell to file)
    N-SJ00,0B4ZZLimitations on effect of pro)isions,ZZ/he provisions of N+*
    33)#%% to 33)3%, inclusive, do not:
    ")ZZ9odify the duty of an employer to provide a safe Cor5place for the employees of the
    employer and other persons present at the Cor5place of the employer=
    #)ZZProhi#it a person from engaging in any constitutionay protected e'ercise of free
    speech, including, Cithout limitation, speech involving laAor disputes concerning organiIed laAor= or
    3)ZZ;rohiAit a person from engaging in any activity Chich is part of a laAor dispute)
    /he *BN!$BC versus attorney thing is 5ind of a QlaAor disputeY too)))essentially a top heavy
    Aar insists on leveraging long standing relationships, Euice, connections, and cronyism sufficiently to
    alloC someone as laIy and dishonest as, say, ;at Ging, to Ae aAle to 5eep on truc5in4)))though he may
    have to do a hit piece or tCo for this or that Eudge or lycan attorney, some migh say (not QlichenY,
    Chich (cheverria Could 5noC if he actually read anything in this, utiliIed any of the disc e1hiAits,
    etc), etc))))Aut clearly, he did not, as he even indicate at one point to Couglin that he understood that
    Couglin had himself re3uested that everyting Ae ta5en care of immediately in one hearing, Chich,
    oAviously, Could, sort of, go against Couglin4s Chole motion to Aifurcate and arguments that the
    *BN!$BC!NNDB!;anel (its impossiAle to tell them apart' lac5 Eurisdiction and or authority to
    QconsolidateY all the various allegations Ging sought to cram into his . page complaint (huhF < .
    page *C+ "%. complaint (Chich mostly see5s to avoid complying Cith Ging4s duties to file ;etitions
    under "%4 and """, yet still see5s to levarage the *C+ """(.' Qa conviction is conclusive proofY
    approach)))all of Chich s5ips the part Chere the *upreme Court enters and orders AestoCing Chat
    Eurisdiction it sees fit the the NNDB and ;anel, limited in purpose and scope'))
    - 145-
    1
    2
    Criminal statutes sometimes state a general prohiAition and then alloC e1ceptions) (arly cases
    made a difficult distinction, for pleading purposes, AetCeen e1ceptions that Cere Dpart of the
    definition of the offenseD and those that Cere Dmatters of e1cuse)D gh 9ore recently the court has
    avoided such distinctions, stressing its Dcommon sense approachD to matters of pleading and treating
    statutory e1ceptions in much the same Cay as it treats nonelement allegations)g7h /hus, in *tate v)
    De6aBruereg&h defendants charged Cith violating the truancy statutes argued that the information
    Cas insufficient Aecause it did not negate four statutory e1ceptions to the compulsory attendance laC)
    /he court reEected the challenge on the ground that the information had pleaded all statutory elements
    and sufficiently apprised the defense of the charge) /he prosecution Ddoes not have to ma5e
    allegations of everything it Cill prove) Normally it is sufficient to allege the statutory elements
    Cithout more, as long as the defendants are sufficiently apprised of the charges against them)Dg9h
    /he charge must Ae read Din conEunction Cith the accompanying affidavitD Chich in this case
    provided all necessary detail, and Dnone of the statutory e1ceptions Cere involved in the case)Dg7%h
    (N$/(: /he various iterations of the Complaints herein fail to sufficiently identify, allege,
    and support Cith reasonaAle specificity the alleged facts support such violations of the crime charge,
    Chich Could entail that +C< *ooudi had done Chat +;D Detective >truAide so oAviously did not do
    (Ay virtue of his listing N+* #%%).9" as the crime charge/he +C< failed to negate the statutory
    e1ception so oAvious in this matter, ie that found in N+* 33)
    ating, hoC ridiculous it is to glom all these together) 74m so glad you Eust said that on the
    record) B> 9+) G7N@: J Could you please ta5e a loo5 at this document that4s Aeen mar5ed as
    (1hiAit No) 9, and tell me if you recogniIe thatF < >ou actually Eust said that) 9y Chole point Cas
    22 J 9r) Coughlin, there is a 3uestion pending 22 < 22 separate hearing) /he sole purpose of the
    %&3& suspension, on a candy Aar) /hat Cas my Chole point) 9+) (C8(-(++7<: 9r) Coughlin,
    those issues have Aeen resolved) 9r) Ging has as5ed you a 3uestion) /8( ?7/N(**: By an order
    you entered the day after you Cere empaneled) B> 9+) G7N@: J 7 don4t have that much time, 9r)
    Coughlin) ?ould you please ansCer the 3uestion 7 as5ed, Chich is if you recogniIe 22 9+)
    (C8(-(++7<: (1cuse me) 74m going to ma5e a comment for the record) 9+) G7N@: >es) /han5
    you) 9+) (C8(-(++7<: +epeatedly this morning, and 7 haven4t put on the record yet, 9r)
    Coughlin is ma5ing faces, rolling his eyes, e1pressing e1acerAation, the conduct of Chich does not
    appear directly on the record, and 7 Cant the record to reflect) <nd if the panel memAers disagree Cith
    me, they are free to say so) 9+) -(667*: 7 Could Eoin in Chat the chairman saiY
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    1
    2
    7ts telling that (cheverria and -ellis4s little retaliatory comments aAout Couglin4s Qrolling his
    eyesY Qma5ing facesY (lifting the e1act language from Budge 8olmes4s 3!"#!"# $rder in 08(., so
    derivative)))' immediately after Coughlin4s Q74m so glad you Eust said that on the recordY comment to
    (cheverria regarding the ;anel4s utter failure to grasp the essential due process concerns attendant to
    the ;anel not only violating *C+ """(&', Aut also, co2signing Ging4s fraudulent approach)))lets see,
    there is a . page complaint, that alleges and unenumerated numAers of violations of twelve different
    +;C4s (and tac5 on the Chole purpose of the hearing as order in %&3& on !7!"# as a thirteenth
    afterthought thereto' Chich spaCned a spraCling #4 page 0$0C$6 of "#!"4!"#, yet, somehoC, only
    managed to re3uired a formal disciplinary hearing of less than one & hour day (lots of smo5e Area5s
    for cigars and to Catch Ging play Cith the @reat Dane he Arings Cith him to Cor5, even on days
    Chere he Cears cargo pants to a formal disciplinary hearing Chere he as5s the panel to permanently
    disAar a Nevada 6aCyer (and not li5e, one living in *an 0rancisco running for some elected office
    Chom already got several continuances, etc), etc', one raised in Nevada, Chom attended +eno 8igh,
    :N+ for college, :N6- for 6aC *chool, etc), etc) and is livign and Cor5ing in +eno, even during a
    miseraAle five year run of economic doCnturn)))this *an Diego transplant ;at Ging, co2signing all the
    ego driven fraudulent Aaseless arrests Ay all the California transplant laC enforcement officers
    harassing Coughlin this year (Duralde, *ifre, Dye, ?eaver, +eyes, etc), etc':
    8(<+7N@ 2 -ol) 7, (;age "&9:. to "&9:#%' B> 9+) G7N@: J 7f you Cill loo5 at the second
    to the last paragraph on ;age #) 7t reads, D9r) Coughlin is a licensed attorney at laC Cho implied
    during trial that his incarceration for contempt Could adversely affect his clients) >et, 9r) Coughlin,
    in his 4affidavit of poverty4 does not indicate anyD 22 < <re you Cearing cargo pants at a Aar hearingF
    J 22 Dfrom his practice of laC)D 9+) (C8(-(++7<: (1cuse me) Did you Eust interrupt againF
    *irF /8( ?7/N(**: 7 thought he Cas done) 9+) (C8(-(++7<: No, you didn4t) >ou couldn4t
    have) ;lease, sir 22 /8( ?7/N(**: 7 Cas ta5en aAac5 Ay the fact that he4s Cearing cargo pants to a
    Bar hearing) *orry)Y
    ;age . of the "#!#%!"# /;$ $rder states: QN$/7C( /$ 6<? (N0$+C(9(N/ <ny laC
    enforcement officer, Cith or Cithout a Carrant, and Chether or not a violation occurs in the presence
    of the officer, may arrest and ta5e into custody the <dverse ;arty, Chen the laC enforcement officer
    has proAaAle cause to Aelieve that (a' an $rder has Aeen issued pursuant to N+* 33)#7% against the
    <dverse ;arty= (A' the <dverse ;arty has Aeen served Cith a copy of the $rder= and (c' the <dverse
    ;arty is acting or has acted in violation of the $rder)Y
    - 147-
    1
    2
    /he <rrest +eport for Aoth the /;$ and (;$ custodial arrests of Coughlin in 39"3 and 39"4
    indicate that such arrests Cere made Cithout a Carrant, indicating that +;D Detective >turAide found
    there Cas QproAaAle causeY to so order a custodial arrest of Coughlin) /o do so, Detective >turAide
    had to ignore an aCful lot of holes in the N+* 33)37% analysis, Chich Cas proAaAly pretty easy for
    him to do considering he charged Coughlin Cith violations of the Crong statute anyCays, N+*
    #%%).9" (the 8arassment!*tal5ing ;rotection $rder *tatute, compared to the far less common
    ?or5place 8arassment ;rotectio $rder *tatute in N+* 33)#4%)))hoCever, +;D Detective >turAide
    Cas provided Aoth the /;$ and (;$, and Aoth state in #od on their respective page "4s that a
    violation thereof is a misdemeanor Chile providing a specific statutory citation to N+* 33)#4% and
    reproduction of the elements of such a violation)
    QN+* ".)%"% -erification of pleadings)
    ") 7n all cases of the verification of a pleading, the affidavit of the party shall state that the same
    is true of the partyFs own knowledge, e1cept as to the matters Chich are therein stated on the party<s
    information and belief, and as to those matters that the party believes it to be true) <nd Chere a
    pleading is verified, it shall Ae Ay the affidavit of the party, unless the party is absent from the county
    where the attorneys reside, or from some cause unable to verify it, or the facts are within the
    ,nowledge of the party<s attorney or other person verifying the same)
    #) ?hen the pleading is verified Ay the attorney, or any other person e1cept the party, the
    attorney or other person shall set forth in the affidavit the reasons why it is not made by the party)
    3) .hen a corporation is a party, the verification may be made by any officer thereof---
    4) 7n all cases Chere, Ay the foregoing provisions, the verification may Ae made Ay the attorney,
    such verification may Ae Ay the attorney made on information and Aelief if the facts are not Cithin the
    attorneyRs 5noCledge)
    .) /he affidavit may Ae in suAstantially the folloCing form and need not Ae suAscriAed Aefore a
    notary puAlic:

    :nder penalties of perEury, the undersigned declares that he or she is the ))))))))))))))))))))))))))))))))
    (plaintiff, defendant' named in the foregoing )))))))))))))))))))))))))))))))) (complaint, ansCer' and 5noCs the
    contents thereof= that the pleading is true of his or her oCn 5noCledge, e1cept as to those matters
    stated on information and Aelief, and that as to such matters he or she Aelieves it to Ae true)Y
    /hereafter, on page 3 of his "#!#%!"# /;$ <pplication Ging lies in alleging Q7 have given
    notice of this <pplication to the <dverse ;arty Ay the folloCing method(s': (2mail) Date: DecemAer
    "9
    th
    , #%"#) /ime: 3:3%) 7 have not received confirmationY)
    Ging did not (2mail Coughlin any such /;$ <pplication) ?hether Ging has *BN QCler5 of
    Court!7nvestigator!;aralegalY 6aura ;eters email Coughlin any such <pplication is not indicated, nor
    is Chether the Q3:3%Y listed for the Q/imeY am or pm) ?hat is clear is that +BC Chief Budge *cott
    ;earsons4
    /here is puAlished support for denying, vacating, or dissolving /;$!(;$4s such as those in
    %7 in light of deficiencies in the filings such as those contained in Ging4s /;$ <pplication (a
    deficiency in Ging4s (;$ application is that there isn0t an (;$ <pplication, and Ging had to of filed
    one Ay the e1piration of the /;$ in %7, a Eurisdictional prere3uisite', Chich include the fact that his
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    "#!#%!"# is not verified (or rather, the part that is verified, ie, pages " to & of Q0rom B23Y contain
    aAsolutely no suAstantive facts Chatsoever, as Ging placed Chat little suAstantive QfactsY he did
    included in his /;$ <pplication (most of Chich are irrelevant to the standard and parties involved in
    an N+* 33)#4% or N+* 33)#7% analysis
    A) Denials Based on *ome ;erceived Deficiency in the 0iling ("' 7ncompleteness 7n "7j of the #%%&
    /;$ cases, Eudges denied a /;$ re3uest Aecause the <pplication Cas deemed incomplete) 0or
    e1ample, the <pplicant may have alluded to an included police report or other e1hiAit that Cas not
    actually included as part of the filing) <lternatively, the <pplicant may have omitted a procedural step
    in the /;$ filing process, such as failing to include a Confidential 7nformation *heet, failing to post
    security or pay filing fees in a ?or5place /;$ case, failing to sign and date an <pplication, or failing
    to complete a certain section of the <pplication) 0inally, the <pplicant may have said something in
    the <pplication that triggered a 3uery in the mind of the revieCing Eudge, such as the need to clarify
    the relationship of the parties)"""" $ne Eudge commonly uses language li5e this: Q<pplicant must
    provide detailed account of actions of <dverse ;arty, including dates, times, places, Chat Cas said or
    threatened, etc) (page %'Y ;rotection $rder or ChaosF /he /;$ ;rocessing (1perience in the 6as
    -egas Bustice Court and 7ts 6arger 7mplications for Nevada 6aC 7nstitute for Court 9anagement
    Court (1ecutive Development ;rogram #%%92#%"% ;hase 777 ;roEect 9ay #%"% Boe /ommasino *taff
    <ttorney 6as -egas Bustice Court:
    http:!!CCC)ncsc)org!k!media!files!pdf!educationj#%andj#%careers!cedpj#%papers!#%"%!tpo
    j#%processingj#%e1periencej#%andj#%implications)ash1
    9oreover, the court may re3uire the employer or the person Cho allegedly committed the
    harassment, or Aoth, to appear Aefore the court Aefore determining Chether to issue the /emporary
    $rder for protection against harassment in the Cor5place) N+* 33)#7%(3') 7n general, a /emporary
    $rder for protection against harassment in the Cor5place must not Ae issued Cithout notice to the
    person Cho allegedly committed the harassment) N+* 33)#7%(#'8oCever, a court may issue a
    /emporary $rder for protection against harassment in the Cor5place Cithout Critten or oral notice to
    the person Cho allegedly committed the harassment or the personRs attorney only under the folloCing
    conditions: (a' < verified application is accompanied Ay an affidavit that contains specific facts Chich
    clearly shoC that immediate and irreparaAle inEury, loss or damage Cill result to the employer, an
    employee of the employer Chile the employee performs the duties of the employeeRs employment or
    a person Cho is present at the Cor5place of the employer Aefore the person Cho allegedly committed
    the harassment or the personRs attorney can Ae heard in opposition= and (A' /he employer and the
    employer4s attorney, if any, set forth in the affidavit: ("' /he efforts, if any, that have Aeen made to
    give notice to the person Cho allegedly committed the harassment= and (#' /he facts supporting
    Caiver of notice re3uirements) N+* 33)#7%(4')< /emporary $rder for protection against harassment
    in the Cor5place that is granted, Cith or Cithout notice, must e1pire not later than ". days after the
    date on Chich the order is issued, unless the order is e1tended) N+* 33)#7%(.'= /he /emporary $rder
    for ;rotection <gainst 8arassment in the ?or5place is the only /;$ in Nevada that cannot e1ceed ".
    days) /his specific /;$ also cannot Ae construed as Aeing effective for ". days Qfrom the date of
    service,Y Chich is the standard approach that is otherCise applicaAle in the +eno Bustice Court)
    7f a /emporary $rder for protection against harassment in the Cor5place is granted, Cith or
    Cithout notice, the employer or his authoriIed agent may apply for an (1tended $rder for protection
    against harassment in the Cor5place Ay filing a verified application for an (1tended $rder for
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    protection against harassment in the Cor5place) N+* 33)#7%(') Neither Ging nor the *BN filed the
    Eurisdictional prere3uisite for the issuance of an (;$ presented in the Qmandatory formY to Ae used
    Q0rom B"3Y: ( 0orm B"3 2 <pplication for (1tended $rder for ;rotection <gainst 8arassment in the
    ?or5place') 7f such an application is filed, the /emporary $rder remains in effect until the hearing on
    the application for an (1tended $rder is held) 7d)<dditional re3uirements apply to an application for
    an (1tended $rder) 0or e1ample, QLtMhe application must Ae heard as soon as reasonaAly possiAle and
    not later than "% days after the date on Chich the application is filed Cith the court unless the court
    determines that there are compelling reasons to hold the hearing at a later date)Y N+* 33)#7%('(c')<t
    the hearing on an application for an (1tended $rder, the employer must present evidence sufficient to
    support the granting of the re3uest) N+* 33)#7%(7') <t the hearing, the court may dissolve or modify
    the /emporary $rder for protection against harassment in the Cor5place, or the court may grant an
    (1tended $rder for protection against harassment in the Cor5place) 7d) 7f granted, an (1tended $rder
    for protection against harassment in the Cor5place e1pires Cithin such time, not to e1ceed " year, as
    the court fi1es) N+* 33)#7%(&') :pon tCo days4 notice to an employer Cho oAtained a /emporary
    $rder for protection against harassment in the Cor5place Cithout notice or on such shorter notice to
    the employer as the court may prescriAe, the person Cho allegedly committed the harassment may
    appear and move the dissolution or modification of the /emporary $rder for protection against
    harassment in the Cor5place) N+* 33)#7%(9') :pon the filing of such a motion, the court must
    proceed to hear and determine the motion as e1peditiously as the ends of Eustice re3uire) 7d)
    <t the hearing, the court may dissolve, modify or e1tend the order) 7d) /he court may aCard
    costs and reasonaAle attorney4s fees to the prevailing party in an action for the issuance of an $rder
    for ;rotection <gainst 8arassment in the ?or5place) N+* 33)#7%("%') 7f a court issues an (1tended
    $rder for protection against harassment in the Cor5place, an interlocutory appeal lies to the district
    court, Chich may affirm, modify or vacate the order in 3uestion) N+* 33)#7%(""') /he appeal may Ae
    ta5en Cithout Aond, Aut its ta5ing does not stay the effect or enforcement of the order) 7d) <
    /emporary or (1tended $rder for protection against harassment in the Cor5place may do any or all
    of the folloCing: (a' (nEoin the person Cho allegedly committed the harassment from contacting the
    employer, an employee of the employer Chile the employee is performing the employeeRs duties of
    employment, and any person Chile the person is present at the Cor5place of the employer= (A' $rder
    the person Cho allegedly committed the harassment to stay aCay from the Cor5place of the
    employer= and (c' $rder such other relief as the court deems necessary to protect the employer, the
    Cor5place of the employer, the employees of the employer Chile performing their duties of
    employment and any other persons Cho are present at the Cor5place) N+* 33)#&%("')8oCever, a
    court may not issue a /emporary or (1tended $rder for protection against harassment in the
    Cor5place that is against more than one person)N+* 33)#&%(#') < /emporary or (1tended $rder for
    protection against harassment in the Cor5place is in addition to and not in lieu of any other availaAle
    civil or criminal action)""9 <n employer is not Aarred from see5ing an order Aecause of other
    pending proceedings) 7d) /his restriction is not e1plicit in any of the other /;$ types)
    < person Cho intentionally violates a /emporary or (1tended $rder for protection against
    harassment in the Cor5place is guilty of a misdemeanor, unless a more severe penalty is prescriAed
    Ay laC for the act that constitutes the violation of the order) N+* 33)3.%) 0inally, the 6egislature has
    clarified that the provisions relating to $rders for ;rotection <gainst 8arassment in the ?or5place do
    not: (a' 9odify the duty of an employer to provide a safe Cor5place for the employees of the
    employer and other persons present at the Cor5place of the employer= (A' ;rohiAit a person from
    engaging in any constitutionally protected e1ercise of free speech, including, Cithout limitation,
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    1
    2
    speech involving laAor disputes concerning organiIed laAor= or (c' ;rohiAit a person from engaging in
    any activity Chich is part of a laAor dispute) N+* 33)3%)
    Ging4s petition, allegedly for the *BN, contains no proof that Ging Cas given any authority Ay
    anyone possessing the authority to give it, to file his /;$!(;$ <pplicaiton in %7) 0urther, Chile
    Ging attaches and email from himself the the ;resident of the *tate Bar, 0rancis 0laherty, GimAerly
    0armer, and Bar Counsel David Clar5, he fails to attach any sort of response from any of those
    figures) 0urther, it Could seem the *BN Board of @overnors Could need to vote on such a thing)
    <dditionally, the $ffice of Bar Counsel ($BC' should Ae considered a distinct, separate office or
    entity, apart from the *BN) ?ithout more, Ging fails to prove that he has any standing to file his
    petition, particularly Chere the evidence strongly suggest that Ging filed it for his oCn Aenefit, Chich
    violates the re3uirement that the employer file such application for the employee, a re3uirement
    Chich precludes the employee, Ging, from filing it for himself under the guise of doing so for his
    employer)
    ;roAaAly the most important fact of all here is that the *BNYs QCler5 of CourtY (as Aoth she
    and <sst) Bar Counsel Ging have referred to her and held her out to Coughlin and the puAlic as' had
    added Coughlin4s email address to her QAloc5ed sendersY list Ay the time of the alleged emailing A y
    Coughlin of "#!"#!"#) /herefore, ;eters did not received such email from Coughlin, and Coughlin
    Cas Cell aCare at that time (;eters had notified him and he Cas receiving failure messages for emails
    he sent to ;eters' that she could and Could no longer receive any emails from him (this Aecame a
    point of criticism Ay Coughlin as it underscores the *BN4s failure to investigate, and ;eters and the
    *BN also hold her out as an Q7nvestigatorY') +egardless, even if it is proven that such an email Cas
    sent Ay Coughlin, there is simply no crediAle Aasis for finding that such is a threat to the *BN, ;eters,
    or Ging (the *BN4s /;$!(;$ application in %7 fails to identify Eust Chich employee it see5s to
    protect, as such, the failure to meet such Eurisdicitonal prere3uisite renders it void', and further, such
    purported correspondence must Ae seen as Qconstitutionally protected e1cercise of free speechY)
    Coughlin has already Aeen suAEect to severe conse3uences of the $BC4s aAuse of process
    here, including Aeing suAEect to H.,%%% AondaAle Aail upon his custodial arrest of #!&!"3 (and
    concomitant damage to his aAility to defend his "4
    th
    <mendment protected property right, his laC
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    2
    license, in the appeal of the NNDB ;anel4s recommendation that he Ae permanently disAarred (noC
    on appeal in #337')
    0urther, Ging really applied for the /;$!(;$ for himself, and is merely mas3uerading as the
    QagentY of the *BN sufficient to attempt to get around his lac5 of standing to so file for himself (to
    ma5e his EoA easier, to intimidate or oAstruct Coughlin out of e1posing Ging4s fraudulent approach as
    a Aar counsel, etc)') /he application can only Ae filed Ay the employer or its agent, pursuant to N+*
    33)#.%) <n employee has no standing to file this type of protection order) /his application Cill
    contain the facts the applicant Cants the court to consider in determining Chether a protection order
    against harassment in the Cor5place shall Ae issued) Ging4s application contains nothing ;ursuant to
    N+* 33)#4%, in order for the court to grant an application against harassment in the Cor5place, some
    or all of the folloCing acts or threats to commit the
    0urther, its trouAling the +;D Detective >truAide Cas referred this matter in his role in the
    Qmisdemeanor investigationsY department, yet manage to incorrectly and maliciously overcharge
    Coughlin Cith Aoth a gross misdemeanor and a felony, especially Chere the *BN failed to even put
    up the H"%% security Aond re3uired for its application in %7, another Eurisdictional prere3uisite)
    /he fa1 header on the *BN4s "#!#%!"# application in %7 reveal that the +BC itself fa1ed the
    *BN the application form for the /;$) /hat is inappropriate, much li5e the 4!""!"# email from +BC
    Budicial *ecretary 6ori /oCnsend to the *BN4s Ging (especially Chere the +BC has steadfastly
    refused to even comply Cith the re3uirement that it respond, Ay affidavit, Citihin . days to the
    various motions to dis3ualify various +BC Budges incident to the four retaliatory prosecutions
    underta5en against Coughlin in the +BC since <ugust #%"")
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    2
    $n the Nevada *upreme Court4s CeA site there is listed QmandatoryY forms for use in
    QCor5place harassment protection order casesY, one of Chich is Q0orm B2" 7nformation <Aout $rders
    for ;rotection <gainst 8arassmentY, Chich includes the folloCing:
    Q(#' ?hat is the definition of Qharassment in the Cor5placeYF :nder N+* 33)#4%, harassment in the
    Cor5place occurs Chen: ") < person 5noCingly threatens to cause or commits an act that causes: (a'
    Bodily inEury to himself or another person= (A' Damage to the property of another person= or (c'
    *uAstantial harm to the physical or mental health or safety of a person= #) /he threat is made or the
    act is committed against an employer, an employee of the employer Chile the employee performs his
    duties of employment or a person present at the Cor5place of the employer= and 3) /he threat Could
    cause a reasonaAle person to fear that the threat Cill Ae carried out or the act Could cause a
    reasonaAle person to feel terroriIed, frightened, intimidated or harassed))))Y
    <s you are filling out the <;;67C</7$N, you should 5eep the folloCing things in mind: ("' :nder
    N+* #%%).&", harassment is deemed to have Aeen committed QChere the conduct occurredY or
    QChere the person Cho Cas affected Ay the conduct Cas located at the time that the conduct
    occurred)Y 0or e1ample, if the <dverse ;arty causes physical damage to a Ausiness in this toCnship,
    or threatens employees in this toCnship, you may file here) 7f the <dverse ;arty is ma5ing
    /he employer may not see5 an 7<?8 primarily to accomplish a purpose for Chich it Cas not
    designed such as prohiAiting free speech or other activities that are constitutionally protected or
    otherCise protected Ay laC) /he /;$ and (;$ oAtained Ay the $BC from the +BC is a Aig an aAuse
    of process as can Ae) *imply put, the $BCYs QCler5 of CourtY, 6aura ;eters, and <sst) Bar Counsel
    ;atric5 Ging greC tired of Coughlin discovering and pointing out the numerous egregious instances
    of misconduct and fraud on their part, and leveraged that protection order against Cor5place
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    2
    harassment at the first moment they (under their completely unreasonaAle vieCpoint' felt there Cas
    even a scintilla of something to hang their hat on, nevermind that such consisted of a protected
    Critten grievance to the *BN aAout Coughlin4s ?C;D4s patent, per se professional misconduct, or
    that the alleged Qimplied threatY in no Cay related to the *BN (the *BN is not and never Cas
    Coughlin4s puAlic defender, and even if it Cas, nothing in the email Coughlin is alleged to have sent
    the ?C;D on "#!"#!"# (copied to complaints`nvAar)org as a Critten grievance against 6eslie' could
    reasonaAly Ae interpreted to Ae a threat, much less something Corthy of a yearlong protection order)
    0urther, the $BC and QCler5 of CourtY 6aura ;eters Cished to avoid Aeing placed on notice of the
    Crongdoing of +ichard @) 8ill, (s3), and others Ay Coughlin4s fa1es and emails (many of Chich
    contained audio and video files demonstrating that 8ill has lied continuously in an attempt to have
    Coughlin disAarred', in addition to shortening the time Coughlin Could have to prepare and file post2
    hearing 9otions, and motiosn to alter, amend, vacate, or otherCise challenge the "#!"4!"# 0indings
    of 0act= Conclusions of 6aC of the NNDB ;anel in the formal disciplinary matter held on ""!"4!"#,
    Chich the $BC and NNDB allege Cas comprised of the dictate to decide Coughlin4s nature and
    e1tent of Coughlin4s punishment for his conviction of petty larceny in +9C "" C+ ##"7 (see
    %&3&', along Cith three grievances (N@"#2%#%4 Ay +ichard @) 8ill, (s3)= N@"#2%434 Ay +9C
    Budges (according to Budge 8olmes, see Budge DilCorth4s disputing Budge 8olmes4 assertions in her
    3!"4!"# Critten grievance to the $BC as to her acting on Aehalf of all of the +9C, including her
    felloC Eudges= and N@"#2%43., the grievance, apparently, consisting of the 4!"3!%9 $rder <fter /rial
    Ay +9C <dministrative Budge ?illiam @ardner4s sister, #BDC Budge 6inda @ardner, Chich
    sanctioned Coughlin H934 under N+* 7)%&. incident to a motion for sanctions made during closing
    argument Ay *pringgate in a divorce case (ie, no compliance Ay *pringgate Cith N+C;4s procedural
    re3uirement that a filing ready sanctions motion Ae served on Coughlin #" days prior to ma5ing such
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    2
    a motion for an attorney4s fee sanction)))Chich Cas largely premised on the assertion that Coughlin
    failed to folloC procedural rules, even Chere it Cas *pringgate Chose /rial *tatement Cas filed late
    and *pringgate Chom failed to comply Cith the ;re2/rial $rder in failing to have, Chere he sought
    the introduction of more than ten e1hiAits, those e1hiAits inde1ed, Aound, and taAAed, and failed to
    provide a copy of such to opposing counsel at the time of trial, as re3uired Ay Budge 6) @ardner4s
    #!#.!%9 ;re2/rial $rder) /he same failure to comply Cith the #" day safe harAor Eurisdicitonal
    prere3uisite Ay +ichard @) 8ill, (s3)4s associate, Ba5er, Could render Budge 0lanagan4s H4#,%.)%%
    sanction aCard of !#.!"# (formal hearing e1hiAit # at the ""!"4!"# disciplinary hearing' void as Cell,
    e1cept for the fact that N+<; 3& actually applies, rather than N+* 7)%&. (Chich invo5es N+C; "",
    ie, not applicaAle to appeals, and N+<; 3& must Ae made on a court4s oCn motion, and the
    application of DC+ "3(3' that Budge 0lanagan admits to in his !#.!"# $rder in %3#& (Budge
    0lanagan Crote: Q(fter re)ie!ing Meriss's mo)ing papers2including the detailed and thorough
    summary of fees and his counsels4 accompanying /eclarations2and after considering all of the
    parties5 arguments, this Court concludes 9erliss4s attorney4s fees re3uest is authoriIed Ay Nevada
    laC) /his Court also has considered the factors set forth in BrunIell, supra- <fter analyIing those
    factors, and given the unique features of this case, this Court concludes 9erliss4s fee re3uest is
    reasonaAle)Y ;3:"3)) ?here Budge 0lanagan specifically mentions only the landlord4s Qmoving
    papersY and Chere he previously notes (incorrectly' in the order that Coughlin failed to file any
    opposition (,n the absence of any opposition from <ppellant Z<C8<+> B<+G(+ C$:@867N
    (DCoughlinD', 9erliss suAmitted this matter for decision on 9ay 9, #%"#) 8oCever, on Bune 9, #%"#,
    Coughlin filed a Supplement to 'pposition to Motion for )ttorney0s =ees- 7n response, 9erliss filed a
    #eply to Supplement to 'pposition to Motion for )ttorney0s =ees on Bune "4, #%"#, and suAmitted the
    matter2again2that same day) 9erliss re3uests this Court to aCard attorney4s fees in the amount of
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    2
    H4#,%.).% against Coughlin in the underlying summary eviction matter pursuant to N+* 9)%.% and
    N+* 7)%&.Y ;":.2"= Aut note, Coughlin4s laC license Cas suspended in %&3& pursuant to his
    conviction of petty larceny in the +9C of a Qcandy Aar and some cough dropsY , a suspension noC
    lasting nearly one year (""!3%!"" conviction Ay Budge 8oCard in "" C+ ##"7, Chere a three day
    incarceration Cas also ordered incident to an $rder ;unishing *ummary Contempt incident to
    Coughlin4s Aeing forced to self represent Chere denied his *i1th <mendment right to counsel Ay the
    +9C', (compare to *tephen +) 8arris, (s34s misappropriating H7..,%%% from clients, admitting to
    using it on prostitutes and designer good receiving only a three months actual suspension, no
    temporary suspension, etc), etc), and no criminal prosecution incident thereto' ( 0urther, in his
    &!#&!"# $rder in %3#&, Budge 0lanagan further drove home the point that his !#.!"# $rder Cas not
    an attorney fees sanction, Cherein Budge 0lanagan Crote: Q<gain, as Cas the case in Coughlin4s
    attempt to set aside 9erliss4s aCard of costs Coughlin4s 9otions here attempt to re2litigate suAstantive
    issues this Court has already decided, or frivolous claims this Court has previously ignored)Y ;#:2"%=
    further the $BC4s Ging email Coughlin a copy of that &!#&!"# $rder Ay Budge 0lanagan, providing
    conclusive proof that Ging Cas aCare of it, and yet persisted in his violating of +;C 3)", and 3)3 in
    see5ing to have Coughlin disAarred incident to the fraudulent assertion he and 8ill maintained at the
    ""!"4!"# 8earing that Budge 0lanagan4s attorney fee aCard of !#.!"# Cas a QsanctionY)
    ;eters and Ging are Aasically afraid of a feC things they did Crong, and Chich are perhaps
    fraudulent, causing conse3uences to their careers)))and, accordingly, the Aegan to threaten to aAuse
    the protection order process in early NovemAer #%"# (shortly after Coughlin pointed out that the *BN
    put insufficient postage on the only copy of the Notice of 7ntent /o /a5e Default is mail to Coughlin
    on "%!9!"#, causing the :*;* to refuse to release it to Coughlin, re3uiring a continuance of the
    ""!"4!"# formal hearing, Chich the *BN did not Cant to see happen, so the cover up Aegan in more
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    2
    ernest) <lso, ;eters and Ging are see5ing to hide the fact that ;eters announced to Coughlin on
    9!""!"# that his filing Could Ae accepted and filed in Cere suAmitted B> 0<U (something Chich the
    *BN!NNDB has never disputed)))Aut Chich they noC Cish to Cor5 an end run around Ay leveraging
    the +BC4s /;$!(;$ process') ;eters ""!9!"# <ffidavit is integral in that regard, especially Cith
    respect to her then neCly made contention that Coughlin told her he never received the Complaint
    (Chich is not true, Coughlin did not indicate one Cay or the other Chether he actually received the
    &!#3!"# Complaint in the mail, Aut regardless, that does not matter, and does not e1cuse ;eters
    fraudulent failure to file in Coughlin4s 9!"7!"# 9otion to Dismiss and the e1tent to Chich Bar
    Counsel Ging e1cercises an impermissiAle level of control over disciplinary proceedings Chere the
    NNDB is negligent in aAsconding from its duties) /he *BN also see5s to intimidate Coughlin out of
    pointing out the many fraudulent attempts Ay the $BC and Cler5 of Court to e1cise from the record
    5ey filings Ay Coughlin, Chilst adding materials the $BC Cants in the record that are not proper to
    include Cithin such)
    +(: pending final disposition of disciplinary proceedings))))language *C+ """(7' versus *C+
    """(&' and the Bune 7th, #%"# $rder of the N-) *) Ct)F 0rom: Zach Coughlin
    (Iachcoughlin`hotmail)com' *ent: /hu "%!""!"# 4:. ;9 /o: laurap`nvAar)org " attachment "
    #9 #%"# letter to Cler5 of Court $rduna 8astings regarding (fle1 reEections Cith attachments 4"
    pages total)pdf (9.7)& GB' Dear Cler5 of Court ;eters, <re you sure 7 indicated one Cay or the other
    Chether 7 received the ComplaintF ?as there some mention of <ugust #3rd, #%"#F Can Bar
    Counsel Ging actually do some legal research for once, everF Does he have a citation to any
    authority or cases that says a 9otion to Dismss may not Ae filed unless the +espondent ma5es some
    affirmative indcation to the Cler5 of Court as to Chether he actually received a ComplaintF N+C;
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    .(e' ma5es clear the Cler5 of Court and filing office of the *BN are not permitted to refuse filings)
    *o, the *eptemAer "7th, #%"# 9otion to Dismiss must Ae filed Ay Cler5 of Court ;eters, or
    misconduct e1ists) 0<C/* 0urther, N+C; .(e' holds that: D(e' 0iling ?ith the Court Defined) /he
    filing of pleadings and other papers Cith the court as re3uired Ay these rules shall Ae made Ay filing
    them Cith the cler5 of the court, e1cept that the Eudge may permit the papers to Ae filed Cith the
    Eudge, in Chich event the Eudge shall note thereon the filing date and forthCith transmit them to the
    office of the cler5) < court may Ay local rule permit papers to Ae filed, signed or verified Ay electronic
    means that are consistent Cith technical standards, if any, that the Budicial Conference of the :nited
    *tates estaAlishes) < paper signed Ay electronic means in compliance Cith the local rule constitutes a
    Critten paper presented for the purpose of applying these rules) /he cler5 shall not refuse to accept
    for filing any paper presented for that purpose solely Aecause it is not presented in proper form as
    re3uired Ay these rules or any local rules or practices)D /he filing officer cler54s in the #nd Budicial
    District Court for ?ashoe County, and the managers, supervisors, and administrators regularly refuse
    filing in contravention of N+C; .(e') 0urther, the drop Ao1 re3uired Ay ?DC+ "#("%' is no more)
    /he drop Ao1 Cas removed aAout months ago) /he efiling fee tripled, aAout si1 months ago, on Buly
    ", #%"") /he connection is hard to ignore) 7 seriously, seriously douAt the drop Ao1 Cas as
    underutiliIed as 7 have heard suggested) 7 Could imagine the hard Cor5ing, dedicated filing office
    staff may actually prefer having the drop Ao1 to cut doCn on the lines) Nonetheless, 7 Could Ae
    surprised if the dictates of ?DC+ "#("%' Cere rendered null Ay any under use))))
    *BN v) Zachary CoughlinF 0rom: 6aura ;eters (6aura;`nvAar)org' /his sender is in your safe
    list) *ent: /hu 7!#!"# 3:%& ;9 /o: 4Iachcoughlin`hotmail)com4
    (Iachcoughlin`hotmail)com' Cc: ;atric5 Ging (;atric5G`nvAar)org' 9r) Coughlin: 7 have Aeen
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    contacted Ay /om *usich of the Northern Nevada Disciplinary Board) 7 understand that you Could
    li5e to schedule a formal hearing in your matter) 7 have gathered some availaAle dates in *eptemAer
    and $ctoAer P let me 5noC Chat Cill Cor5 for you: *eptemAer #., # or #7 $ctoAer "., ", "7, "&,
    3% or 3" /han5 you, 6aura ;eters ;aralegal *tate Bar of Nevada +(: 8earing dateF 0rom:
    6aura ;eters (6aura;`nvAar)org' /his sender is in your safe list) *ent: 0ri &!"7!"# #:.4
    ;9 /o:4Zach Coughlin4 (Iachcoughlin`hotmail)com' Zach: 8oC aAout *eptemAer #.th, Cor5 for
    youF 2 6aura 22222$riginal 9essage22222 0rom: Zach Coughlin Lmailto:Iachcoughlin`hotmail)comM
    *ent: 0riday, <ugust "7, #%"# #:# ;9 /o: 6aura ;eters *uAEect: 8earing date Dear 9s) ;eters,
    ;lease set the hearing date as soon as possiAle for any matter involving me that has Aeen referred to
    the Aar or the disciplinary panel) than5s Zach Coughlin +(: 9otion to Dismiss *BN v) CoughlinF
    0rom: 6aura ;eters (6aura;`nvAar)org' /his sender is in your safe list) *ent: ?ed 9!#!"# "":.4
    <9 /o: 4Zach Coughlin4 (Iachcoughlin`hotmail)com' 7 never said that you could file items
    via e2mail P 7 donRt ma5e those calls) 7 have to file documents in so you have to serve them here) 7
    Cant to cooperate Cith you Aut 7 canRt change the procedural re3uirements) 2 6aura 0rom: Zach
    Coughlin Lmailto:Iachcoughlin`hotmail)comM *ent: 9onday, *eptemAer #4, #%"# #:.% ;9 /o:
    6aura ;eters= ;atric5 Ging= David Clar5= tsusich`nvdetr)org *uAEect: 0?: 9otion to Dismiss *BN v)
    Coughlin Dear Cler5 of the Court of the *tate Bar of Nevada ;eters, ;lease note the forCarded
    9otion to Dismiss *BN v Coughlin filed on *eptemAer "7th, #%"# (7 also Cill forCard the one 7 sent
    Eust prior to midnight of the "7th, of *etpemAer #%"#) ;lease let me 5noC anything 7 should 5noC
    aAout the 8earing tomorroC, *eptemAer #.th, #%"# on and only on the matters limited to those set
    forth in the N,) *) Ct $+der of Eune 7th, #"# in %3&3 and pursuant to my *C+"%#(4'(3' ;etition
    "4#) ;lease ma5e sure Bar counsel is aCare of the e1tent to Chich you previously guaranteed me
    that no service of any Complaint in *BN - Coughlin sent Ay certified mail Could Ae deemed
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    effectuated Ay the *BN Chere Aased merely upon the return to sender of the first attempt to so serve
    me under *C+ "%9 such a Complaint, Chich you indicated you had Eust received as returned to
    sender on *eptemAer "%th, #%"#, and Chere you further indicated that 7 could serve any filings on my
    Aehalf thereafter upon the *BN via electronic means including fa1 or email) *incerley, Zach Coughlin
    ;$ B$U 39" +eno, N- &9.%. /el 77. 33& &""& 0a1 949 7 74%# ZachCoughlin`hotmail)com
    0rom: Iachcoughlin`hotmail)com /o: tsusich`nvdetr)org= patric55`nvAar)org= davidc`nvAar)org
    *uAEect: 9otion to Dismiss *BN v) Coughlin Date: /ue, "& *ep #%"# %%:%#:.4 2%7%% Zach Coughlin
    ;$ B$U 39" +eno, N- &9.%. /el 77. 33& &""& 0a1 949 7 74%# ZachCoughlin`hotmail)com
    +(: pending final disposition of disciplinary proceedings))))language *C+ """(7' versus *C+ """(&'
    and the Bune 7th, #%"# $rder of the N-) *) Ct)F 0rom: 6aura ;eters (6aura;`nvAar)org' /his
    sender is in your safe list) *ent: ?ed "%!"%!"# :%" ;9 /o: Zach Coughlin
    (Iachcoughlin`hotmail)com' ;lease don4t put Cords in my mouth, Zach) >ou are the one that
    indicated that you had not received the Complaint Chen Ce tal5ed on the phone) ?hy, then, Could 7
    file in a 9otion to DismissF 7 am responsiAle for my oCn actions) 2 6aura (a5a Cler5 ;eters' 0rom:
    Zach Coughlin LIachcoughlin`hotmail)comM *ent: ?ednesday, $ctoAer "%, #%"# "":." <9 /o:
    tsusich`nvdetr)org= 6aura ;eters= David Clar5= ;atric5 Ging= nvsccler5`nvcourts)nv)gov *uAEect:
    0?: pending final disposition of disciplinary proceedings))))language *C+ """(7' versus *C+ """(&'
    and the Bune 7th, #%"# $rder of the N-) *) Ct) Dear Chairman *usich and Cler5 ;eters, Bar Counsel
    Ging sees himself as a the Director of this movie, placing you tCo in the scenes Chere he sees fit)
    Chairman *usich, it is your responsiAility to comply Cith the Court4s $rder and the *upreme Court
    +ules, and at this point, you need to send a clear message to Bar Counsel that Dthe 5id stays in the
    pictureD, and inform 9r) Ging that he is not to attempt to ta5e your EoA or duties from you) *ame goes
    for Cler5 ;eters, especially vis a vis her admission that Ging told her not to file Coughlin4s 9otion to
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    Dismiss in *BN v Coughlin on *eptemAer "7th, #%"#, Chich has noC gone unopposed, and therefore,
    shall Ae granted) *incerely, Zach Coughlin ;$ B$U 39" +eno, N- &9.%. /el 77. 33& &""& 0a1
    949 7 74%# ZachCoughlin`hotmail)com 0rom: ;atric5G`nvAar)org /o:
    Iachcoughlin`hotmail)com CC: DavidC`nvAar)org *uAEect: +(: pending final disposition of
    disciplinary proceedings))))language *C+ """(7' versus *C+ """(&' and the Bune 7th, #%"# $rder of
    the N-) *) Ct) Date: ?ed, "% $ct #%"# ":44:#7 f%%%% Dear 9r) Coughlin, ?hen you met Cith me
    and David Clar5 to discuss the Complaint and the process) 9r) Clar5 e1plained that since there Cas a
    conviction, Qthe sole issue to Ae determined Cas the e1tent of the disciplineY) Not if you committed
    the crime, since that Cas already determined Aeyond a reasonaAle douAt) 7t is that conte1t that Ce are
    reading the rule) Not that the state Aar is precluded from Aringing additional allegations against you)
    <ny additional allegations that have not already resulted in criminal convictions Cill need to Ae
    proved Ay Qclear and convincingY evidence) <s such, at the hearing, on the issue of your criminal
    convictions, the only issue for the panel to decide is the appropriate discipline) 8oCever, 7 Cill Ae
    providing evidence as to the other allegations in the Complaint) /he ;anel Cill decide if the state Aar
    has met its Aurden of proof as to those allegations in the complaint, other than the criminal
    convictions, and Cill decide the appropriate discipline on the totality of the case, including mitigating
    and aggravating factors that may Ae presented at the hearing) <s such, 7 do not intend Aifurcate these
    proceedings) 7 thin5 to do so Could cause unnecessary confusion, undue time and e1pense and
    Could Ae preEudicial to the administration of Eustice) 7 am advised that you have not yet filed an
    <nsCer to the Complaint) 7 have sent you a notice of intent to proceed on a default Aasis) /he hearing
    date is e1pected to Ae ?ednesday NovemAer "4, #%"#) 7 Cill Ae sending you a notice of hearing,
    along Cith a list of Citness, and evidence that 7 intend to introduce at the hearing) ;atric5 Ging,
    <ssistant Bar Counsel) 0rom: Zach Coughlin Lmailto:Iachcoughlin`hotmail)comM *ent: ?ednesday,
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    $ctoAer "%, #%"# :"& <9 /o: tsusich`nvdetr)org= David Clar5= 6aura ;eters= ;atric5 Ging *uAEect:
    pending final disposition of disciplinary proceedings))))language *C+ """(7' versus *C+ """(&' and
    the Bune 7th, #%"# $rder of the N-) *) Ct) Dear Chairman *usich, Bar Counsel, and Cler5 ;eters, 7
    am Criting formally re3uest a Aifurcation of sorts, consiering: *C+ """(7') *uspension on
    certification) :pon the filing Cith the supreme court of a petition Cith a certified copy of proof of the
    conviction, demonstrating that an attorney has Aeen convicted of a serious crime, the court shall enter
    an order suspending the attorney, regardless of the pendency of an appeal, pending final disposition
    of a disciplinary proceeding, Chich shall Ae commenced Ay the appropriate disciplinary Aoard upon
    referral Ay the supreme court) 0or good cause, the court may set aside its order suspending the
    attorney from the practice of laC) 7 thin5 Bar Counsel4s argument that the DproceedingD call for in the
    Court4s Bune 7th, #%"# $rder (Chich 3uotes *C+ """(7' may include some *C+ "%. Complaint (ie, a
    *BN v) Zachary B) Coughlin Complaints Aringin in all sorts of matters, including pending criminal
    actions, and Cearing paEamas, and $rders Ay Budges purporting to ta5e aCay this or that right of
    Coughlin4s to practice this or that in some court (an $rder Chich ;atric5 Ging reference to me and
    Chief Bar Counsel Clar5, and, apparently, to a client of mine in early 9ay #%"# (the client is the only
    other place 7 have ever heard of such an unpuAlished D$rderD purporting to have said effect' despite
    the dictate against Bar Counsel4s doign so in *C+ "#" (the *C+ "" ;etition Cas not even filed at that
    point, and one has to Conder if some deal AetCeen that client, Bar Counsel, and the neC attorney that
    client can noC magically afford Cas Cor5ed out, Cith nothing said of any torts that client committed
    against Coughin, etc), etc), much less criminal laC violations, Chich Coughlin Eust put up Cith') But
    my point is, Bar Counsel Ging points ot the Dpending final disposition of a disciplinary proceedingD
    language of *C+ """(7')))Chich is 3uoted in the Court4s Bune 7th, #%"# $+der (though 7 feel Bar
    Counsel is ta5ing the 3uote out of conte1t and ignoring the e1press language of *C+ """(7' in
    - 162-
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    ma5ing this argument that the Dpending final disposition of the disciplinary proceedingsD language in
    the Court4s Bune 7th, #%"# $rder entitles Bar Counsel to file a *BN v) Coughlin Complaint deny
    Coughlin that afforded under *C+ """(&' (Chich the B:ne 7th, #%"# $rder cites to as Cell', and,
    given Coughlin4s ;etition in "4#, filed and served on <ugust "3th, #%"# (the service of Chich Cas
    consented to or Caived Ay Bar Counsel Ging and Clar5 Chere they directed Cler5 6aura ;eters to
    sign D;roof of +eceiptD thereof on <ugust "3th, #%"#)))', Coughlin is noC entitled to an Dimmediate
    hearingD pursuant to *C+ "%#(4'(d', and *C+ """("%') /he Court4s Bune 7th, #%"# $rder reads, in
    relevant part: D;ursuant to *C+ """, temporary suspension and referral
    to the appropriate disciplinary Aoard are mandatory Chen an attorney has Aeen convicted of a
    DseriousD crime, Chich includes theft) *C+ """ ('2(&') <ccordingly, pursuant to *C+ """ (&', Ce
    refer this matter to the appropriate disciplinary Aoard for the institution of a formal hearing Aefore a
    hearing panel in Chich the sole issue to Ae determined shall Ae the e1tent of the discipline to Ae
    imposed) 0urthermore, pursuant to *C+ """(7', Ce hereAy temporarily suspend Zachary B) Coughlin
    from the practice of laC in Nevada, pending final disposition of the disciplinary proceedings)D Note
    that the $rder says Dpending final disposition of the disciplinary proceedingsD ) 7t does not say
    Dpending final disposition of an *C+ "%. Complaint filed Ay *BN as the complainant (see Ching')
    <nd, in fact, *C+ """(&' clear that up further, 7 give ;atric5 Ging credit for ma5ing a crafty
    argument, Aut its Eust not coloraAle) 7 am so used to this Cith ;at Ay noC, he plays dumA in a Cay that
    screC one out of their due process, Aut it is clear he 5noCs e1actly Chat he is doing, that crafty
    sum4itch) *C+ """(&': D&) +eferral to disciplinary Aoard) :pon receipt of a petition filed under
    suAsection 4 of this rule, demonstrating that an attorney has Aeen convicted of a serious crime, the
    supreme court shall, in addition to suspending the attorney in accordance Cith the provisions of
    suAsection 7 of this rule, refer the matter to the appropriate disciplinary Aoard for the institution of a
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    formal hearing Aefore a hearing panel in Chich the sole issue to Ae determined shall Ae the e1tent of
    the discipline to Ae imposed)D But the clearest e1pression of authority to defeat Bar Counsels stated
    goal of DcomAiningD the 8earing re3uired Ay the Court4s Bune 7th, #%"# $rder and the *upreme Court
    +ules Cith some *C+ "%. (or *C+ "%#, natch' style *BN v) Coughlin Complaint that Bar Counsel
    Cishes to file is found in *C+ """(7': Dthe court shall enter an order suspending the
    attorney)))pending final disposition of a disciplinary proceeding, Chich shall Ae commenced Ay the
    appropriate disciplinary Aoard upon referral Ay the supreme court)D <nd, right there, Bar Counsel4s
    attempt to comAine these affairs must fail) /hat4s the thing, though)))the phrase Dcommenced Ay the
    appropriate disciplinary AoardD) 7t does not say Dcommenced Ay the *tate Bar of Nevada as a
    complainant, under Ching, filing an *C+ "%. Complaint)))7t Eust does not say that) *C+ """(7',
    rather, reads DChich shall e commenced Ay the appropriate disciplinary AoardD) *o, to sum it up Bar
    Counsel4s attempts comAine these must fail in light of the folloCing: D*C+ """(&': Dthe supreme
    court shall)))refer the matter to the appropriate disciplinary Aoard for the institution of a formal
    hearing Aefore a hearing panel in Chich the sole issue to Ae determined shall Ae the e1tent of the
    discipline to Ae imposed)D *C+ """(7': Dthe court shall enter an order suspending the
    attorney)))pending final disposition of a disciplinary proceeding, Chich shall Ae commenced Ay the
    appropriate disciplinary Aoard upon referral Ay the supreme court)D 8oCever, Bar Counsel and the
    Disciplinary Board should recogniIe the import of *C+ """(7'2(&' and refuse to alloC Bar Counsel to
    DcomAineD or consolidate, or Dfail to Aifurcate) ?hat Bar Counsel is thin5ing of is *C+ "%.(#':)
    DCommencement of formal proceedings) 0ormal disciplinary proceedings are commenced Ay Aar
    counsel filing a Critten complaint in the name of the state Aar) /he complaint shall Ae sufficiently
    clear and specific to inform the attorney of the charges against him or her and the underlying conduct
    supporting the charges)D 8oCever, *C+ """(7' and *C+ "%.(#' are entirely different animals) 7n one,
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    *C+ """(7' calls for: Dthe court shall enter an order suspending the attorney)))pending final
    disposition of a disciplinary proceeding, Chich shall Ae commenced Ay the appropriate disciplinary
    Aoard)))D 7n the other, it is Bar Counsel doing the DcommencingD of *C+ "%.(#':) DCommencement
    of formal proceedings) 0ormal disciplinary proceedings are commenced Ay Aar counsel filing a
    Critten complaint in the name of the state Aar))))D /he distiction and diferences are revealed in the
    *upreme Court +ules Ay Chom is doing the DcommencingD and Eust Chat it is they are
    DcommencingD, ie, a Dformal proceeding (in the case of *C+ "%.(#', or a Ddsiciplinary proceedingD,
    /here is a difference, and that difference entails Aifurcating things or refusing to consolidate these
    affairs, and 7 am formally ma5ing that re3uest upon the Board here noC) *incerely, Zach Coughlin K
    #3 0iling of papers: 7t is the official duty of the cler5 of a court to file all papers in a cause presented
    Ay the parties, and to indorse the correct date of the filing thereon) " 7t is the duty of the cler5 of
    court, in the aAsence of instructions from the court to the contrary, to accept for filing any paper
    presented to him, provided such paper is not scurrilous or oAscene, is properly prepared, and is
    accompanied Ay the re3uisite filing fee) "7 :nless otherCise specifically authoriIed Ay statute, the
    duty of the cler5 of court to file papers presented to him is purely ministerial "& and he may not
    refuse to perform such duty e1cept upon order of the court) "9 ?hen the statute re3uires the cler5 of
    court to file all papers delivered to him to Ae filed, he is not concerned Cith the merit of the papers
    nor Cith their effect and interpretation) #% /he cler5 has no discretion in the matter of filing papers
    recogniIed Ay laC as properly Aelonging in the record of causes) #" 7t is not for the cler5 to in3uire
    into the purposes or contents of such papers, or into the circumstances giving rise to them or
    attending their preparation) ## /he poCer to ma5e any decision as to the propriety of any paper
    suAmitted, or as to the right of a person to file such paper, is vested in the court, not the cler5) #3
    8oCever, Chere a statute ma5es it the duty of the cler5 of court to file a particular document, a Eudge
    - 165-
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    is Cithout authority to interfere Cith such filing) #4 /o file an instrument, it must Ae delivered to the
    cler5 at the office Chere it is re3uired to Ae filed= delivery to the cler5 at any other place, even though
    he endorses it Dfiled,D is not sufficient) #. /he mere fact that the cler5 used superfluous Cords in
    filing papers Could not render his acts void) # K #3 22220iling of papers L*:;;6(9(N/M Case
    authorities: <rrestee4s police Arutality claim Cill not Ae dismissed as time Aarred, Chere her counsel
    intended to file complaint early on last day Aefore statute of limitations ran Aut, due to printer
    malfunction, he Cas unaAle to file it Aefore cler54s office Cas closed so he caused it to Ae deposited in
    cler54s post office Ao1 at "":3% p)m), Aecause *i1th Circuit rule, supported Ay liAeral construction of
    0+C; .(e' and 77(a' and (c', seems to Ae that document is deemed filed Chen it is in actual or
    constructive possession of cler5) /urner v City of NeCport ("99., (D Gy' &&7 0 *upp "49) *ee Ni1 v
    0raIe ("9&&, /e1 <pp Dallas' 7.# *?#d ""&, K #&) 0ootnotes 0ootnote ") Brinson v @eorgia +)
    Ban5 N /rust Co), 4. @a <pp 4.9, ". *( 3#") :nder the statute, the cler54s duties include the
    oAligation to file all papers properly Aefore him) 8amilton v Department of 7ndustry, 6aAor N 8uman
    +elations, . ?is #d 73, #%3 N?#d 7 (ovrld on other grounds +e ;eCau5ee (?is' #4" N?#d %3')
    /he acceptance of the filing of a complaint is a mere ministerial act, and the officer charged Cith the
    responsiAility of receiving the same is re3uired to accept Chat is tendered to him if it is accompanied
    Ay the proper fee) *tate e1 rel) Gaufman v *utton (0la <pp' #3" *o #d &74) <s a ministerial officer, it
    is the mandatory duty of the cler5 of the Court of Civil <ppeals to file and forCard to the *upreme
    Court any document tendered to him appertaining to an appeal in any cause pending in that court
    Chich is addressed to the *upreme Court) ?agner v @arrett, ""4 /e1 3#, #9 *? "%3%) < paper is
    filed Cith the cler5 of court Chen it is delivered to him for that purpose) 9orthland v 6incoln Nat)
    6ife 7ns) Co), ##% 7nd 9#, 4# N(#d 4", reh den ##% 7nd 734, 4 N(#d #%3) 0ootnote "7) *tate e1 rel)
    ?anama5er v 9iller, "4 $hio *t "74, .7 $hio $ps ".", "#& N(#d "%&) /he cler5 may refuse to
    - 166-
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    accept any paper for filing until the appropriate fee is paid) ;oetI v 9i1, 7 NB 43, &" <#d 74"=
    8amilton v Department of 7ndustry, 6aAor N 8uman +elations, . ?is #d 73, #%3 N?#d 7 (ovrld
    on other grounds +e ;eCau5ee (?is' #4" N?#d %3') <s to prepayment of fees, generally, see K "9,
    supra) 0ootnote "&) *tate e1 rel) DaCson v +oAerts, ". $hio *t 34", .9 $hio $ps 43, "3. N(#d
    4%9= 9alinou v 9c(lroy, 99 +7 #77, #%7 <#d 44) 0ootnote "9) 9alinou v 9c(lroy, 99 +7 #77, #%7
    <#d 44) 0ootnote #%) Corey v CarAac5, #%" 9d 3&9, 94 <#d #9) 7t is not incumAent upon one Cho
    has the ministerial function of accepting the filing of a complaint to Eudicially determine the legal
    significance of the tendered document) *tate e1 rel) Gaufman v *utton (0la <pp' #3" *o #d &74)
    Cler5s of federal courts may not refuse to file naturaliIation petitions Chich contain all the proper
    allegations, Aecause of their Eudgment of color, race, or other 3ualification that the applicant may not
    Ae entitled to citiIenship) +e 8alladEian (CC 9ass' "74 0 &34) 7t is not the duty of the cler5 of court
    to give notice that a Aill of e1ceptions Cas not signed Ay the Eudge or to find the aAsent Eudge and lay
    the Aill Aefore him for signing) 8aven v ?ard4s (state, ""& -t 499, ""4 <#d 4"3) 0ootnote #")
    Bernard v CroCell (/e1 Civ <pp' 3& *?#d 9"#) 0ootnote ##) Bernard v CroCell (/e1 Civ <pp' 3&
    *?#d 9"# (Aystander4s Aill of e1ceptions') 0ootnote #3) *tate e1 rel) ?anama5er v 9iller, "4 $hio
    *t "7, .7 $hio $ps ".", "#& N(#d "%&) 7t is the duty of the cler5 of the municipal court to file
    notice of appeal Chether
    presented in time or not= the determination of the 3uestion Chether the appeal Cas properly ta5en is
    the province of the <ppellate /erm on motion to dismiss) ;eople e1 rel) /rost v Bird, "&4 <pp Div
    779, "7# N>* 4"#) 0ootnote #4) <le1andria Naval *tores Co) v B) 0) Ball Bro) 6umAer Co), "#& 6a
    3#, .4 *o "%3.) 0ootnote #.) Brelsford v Community 8igh *chool Dist), 3#& 7ll #7, ".9 N( #37)
    0ootnote #) *tate v @illette4s (state (/e1 Com <pp' "% *?#d 9&4 (use of Cords Dat laCD') K #7
    (ffect of Areach of duty on rights of litigants -ieC (ntire *ection @o to ;arallel +eference /aAle
    - 167-
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    /hose dealing Cith the cler5 of a court concerning an action or matter then pending have a right to
    e1pect that he Cill perform the ministerial duties connected Cith his office, and his neglect or failure
    to do so should not preEudice their rights) 7. /his principle has Aeen fre3uently applied in cases
    Chere a party see5s relief from a Eudgment rendered against him Ay reason of some mista5e or default
    of the cler5) 7 8oCever, Chere no duty e1ists, 77 or Chere the negligence of the attorney or suitor
    intervenes, 7& relief Cill Ae denied them, even Chere they relied on promises or statements of the
    cler5, 79 or Chere the cler5 failed to ansCer letters of in3uiry aAout the status of the case and
    Eudgment Cas rendered Cithout their 5noCledge) &% 7t may Ae noted here that the improvident
    e1ercise of authority Ay the cler5, as Chere an order of sale is issued Ay him Cithout the direction of
    the party entitled thereto, may not preEudice the rights of innocent purchasers) &" But Chere a Crit of
    assistance is granted Ay the cler5, Cithout action of the court, to the holder of a sheriff4s deed on a
    mortgage foreclosure, the Crit is void and should Ae vacated on direct attac5) &# < cler5 of court is,
    generally spea5ing, liaAle personally and on his official Aond to a litigant inEured as a result of his
    negligence or misconduct) &3 0ootnotes 0ootnote 7.) ?illiams v /yler, "4 <la <pp .9", 7" *o .",
    cert den "9& <la 9, 73 *o "%%#= 8ogs Bac5 Consol) 9ining Co) v NeC Basil Consol) @ravel
    9ining Co) . Cal ##, # ; 4&9= *ilverman v Childs, "%7 7ll <pp .##= 9ay v ?olvington, 9 9d ""7,
    "4 < 7%= /hompson v *harp, "7 NeA 9, ## N? 7&= 8op5ins v Niggli (/e1' *? #.= Blac5 v
    8urlAut, 73 ?is "#, 4% N? 73) 0ootnote 7) 7vester v 9oIeley, &9 @a <pp .7&, &% *(#d "97)
    <nnotation: "4 <6+ ..# et se3), K 777) 0ailure of the cler5 to notify an appellant of completion of
    the transcript is good cause for refusing to dismiss an appeal on the ground that a certified copy of the
    Eudgment and the granting of the appeal Cas not filed in the appellate court Ay the cler5, in the time
    re3uired Ay statute, particularly Chere the cler5 affirmatively stated that illness of a deputy and rush
    of Ausiness had prevented him from completing the transcript in time to file it) ;ar5s v 9arshall, 3##
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    9o #"&, "4 *?#d .9%, # <6+ &3.) 0ootnote 77) /rala v 9elmar 7ndustries, 7nc) (Del' #.4 <#d
    #49= ?estern :nion /el) Co) v @riffin, " 7nd <pp 4, #7 N( ""3= Bac5son v Bones (Gy' 33 *?#d
    ..= -alley 0inance Co) v Campana, ""# $hio <pp 4%., "3 $hio $ps #d 47#, &3 $hio 6 <As .77,
    "7 N(#d .4, motion overr) 0ootnote 7&) ?estern :nion /el) Co) v @riffin, " 7nd <pp 4, #7 N(
    ""3) 0ootnote 79) Bernier v *chaefer, "" 7ll #d .#., "44 N(#d .77= 6iAert v /urIyns5i, "#9 7ll <pp
    #d "4, ## N(#d 74" (deputy cler5'= ?estern :nion /el) Co) v @riffin, supra) < cler5 of court is not
    liaAle, Aecause a party relied upon his gratuitous advice on a matter having no relation to the duties of
    his office) /rala v 9elmar 7ndustries, 7nc) (Del' #.4 <#d #49) 0ootnote &%) ?illiams v ?escott, 77
    7oCa 33#, 4# N? 3"4= 0irst Nat) Ban5 v ?entCorth, #& Gan "&3= @anIer v *chiffAauer, 4% NeA 33,
    .9 N? 9&= ;ulas5i $il Co) v Conner, # $5la #"", "# ; 44) 0ootnote &") *oCles v 8arvey, #% 7nd
    #"7, plaintiff oAtaining Eudgment in mortgage foreclosure proceeding may not set aside sheriff4s sale
    Ay reason of cler54s unauthoriIed issue of order of sale on Eudgment) 0ootnote &#) ?illiams v
    *herman, 3. 7daho "9, #%. ; #.9, #" <6+ 3.3, Cherein a motion to vacate Crit on the ground that
    it Cas granted Ay the cler5 Cithout notice Cas held to Ae a direct, not a collateral, attac5) 0ootnote &3)
    KK #& et se3), infra) -7) 67<B767/7(* <ND +(9(D7(* K #& Negligence or misconduct -ieC (ntire
    *ection @o to ;arallel +eference /aAle @o to *upplement /he principle that a puAlic officer should
    Ae held to a faithful performance of his official duties and made to ansCer in damages to all persons
    Cho may have Aeen inEured through his malfeasance, omission, or neglect &4 applies to the
    negligence, carelessness, or misconduct of a cler5 of court) &. <s a puAlic ministerial officer, the
    cler5 is ansCeraAle Copyright T "99&, ?est @roup for any act of negligence or misconduct in office
    resulting in inEury to the complaining party) & 7n order to render the cler5 of court and the sureties on
    his official Aond liaAle for the cler54s misfeasance, Aoth a Areach of duty and conse3uent damage
    must Ae shoCn) &7 9oreover, to Carrant relief, the Crong and the resulting inEury must concur= the
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    cler54s misconduct or negligence must Ae the direct and pro1imate cause of the inEury) && 7f the inEury
    Could have folloCed notCithstanding the misconduct, or if the inEured party contriAuted to the result
    in any degree Ay his oCn fault or neglect or that of his attorney, he has no legal ground of complaint
    and the cler5 cannot Ae held responsiAle) &9 :nder applicaAle statutory provisions, a cler5 of court
    may Ae held liaAle on his Aond for failure to issue a Crit, citation, or process= 9% for the improper
    issuance of letters of guardianship ChereAy an unauthoriIed person Cas aAle legally to procure funds
    of another and s3uander them= 9" for negligence or misconduct in issuing a Carrant of arrest= 9# for
    failure properly to doc5et a Eudgment= 93 for failure to properly inde1 a Eudgment= 94 for failure to
    enter an attachment Cithin the time fi1ed Ay laC= 9. for failure to ta1 costs= 9 for failure to include a
    Eudgment on a mortgage certificate furnished in connection Cith a partition sale= 97 for failure to
    reEect a surety Aond e1ecuted Ay a person ineligiAle to act as surety under the statute= 9& for not
    re3uiring a surety to 3ualify upon a Aond e1ecuted Ay him as such surety= 99 or for failure properly to
    5eep records of a case and for informing the court inaccurately of its status) " 7n those Eurisdictions
    Chere a cler5 of court serves also as recorder of deeds and mortgages, Areach of his duties as a
    recording officer may give rise to an action on his official Aond as cler5, # such as his failure to
    record an instrument lodged Cith him for recording) 3 $n the other hand, the principle of Eudicial
    immunity from liaAility e1tends to a cler5 of court in the performance of his Eudicial or 3uasi2Eudicial
    functions, 4 as distinguished from his ministerial functions) . 8e may not Ae held liaAle for errors of
    Eudgment committed Ay him Chile acting laCfully in a Eudicial or 3uasi2Eudicial capacity, Chether
    in or out of term time) 7 9oreover, a cler5 of court is not liaAle Chere he is acting pursuant to an
    order of the court) & /he cler5 cannot Ae held liaAle Chen acting in a ministerial capacity for errors
    made in spite of the e1ercise of reasonaAle care and s5ill in an effort to avoid them) 9 Nor is he liaAle
    in his official capacity for error of Eudgment or Cant of s5ill in matters disconnected Cith the duties
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    of his office) "% K #& 2222Negligence or misconduct L*:;;6(9(N/M ;ractice <ids: <pplicaAility of
    Eudicial immunity to acts of cler5 of court under state laC, 34 <6+4th ""&) Case authorities: <
    county cler5 of court did not have sovereign immunity against an action for indemnity Ay a title
    insurance company Chere the an employee of the cler54s office improperly inde1ed a document
    Chich affected the title to a parcel of real estate Aecause the cler5 had a statutory duty to properly
    record and inde1 documents in the puAlic records and puAlic policy considerations favor
    accountaAility Ay the cler5 for negligence) 0irst <merican /itle 7ns) Co) v Di1on ("99#, 0la <pp D4'
    %3 *o #d .#, "7 06? D "7%&, Copyright T "99&, ?est @roup revieC den (0la' "3 *o #d 3)
    *overeign immunity did not protect state from liaAility for failure of county cler5 to timely doc5et
    Eudgment since act of recording Eudgment Cas not discretionary) National ?estminster Ban5 v *tate
    ("9&9, "st Dept' ".. <D#d #", .4 N>*#d &4, app gr 7. N>#d 7%, ..# N>*#d 9#9, ..# N(#d
    "77 and affd 7 N>#d .%7, ." N>*#d .4", .# N(#d &) < cler5 of court is liaAle in a civil action
    for a negligent omission to perform a statutory duty Chich pro1imately causes inEury to another,
    unless the inEured party Cas contriAutorily negligent) 9addo1 v <stro 7nvest), 4. $hio <pp #d #%3,
    74 $hio $ps #d 3"#, 343 N(#d "33) /he failure of the cler5 of the Court of Common ;leas to doc5et
    and inde1 a certificate of Eudgment for several days after it is delivered and filed constitutes
    negligence) 9addo1 v <stro 7nvest), 4. $hio <pp #d #%3, 74 $hio $ps #d 3"#, 343 N(#d "33)
    *ummary Eudgment Cas properly granted the district cler5 in a suit see5ing to hold her liaAle in
    damages for the dismissal of plaintiff4s appeal from a summary Eudgment entered against him in a
    prior cause though plaintiff had re3uested that the cler5 forCard the transcript relating to that cause to
    the court of appeals on three occasions and there Cas nothing in the record to shoC Chy she failed to
    transmit the record until over five months after plaintiff first re3uested her to do so, since even if the
    district cler5 failed to transmit the record Cithin the proper time period, the primary responsiAility to
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    place the record Aefore the court of appeals nonetheless remained Cith plaintiff, and it Cas his failure
    to re3uest an e1tension of time from the court of appeals
    pursuant to +C; +ule #"c that rendered the filing of the transcript untimely) Ni1 v 0raIe ("9&&, /e1
    <pp Dallas' 7.# *?#d ""&) 0ootnotes 0ootnote &4) *ee 3 <m Bur #d, ;uAlic $fficers and
    (mployees KK #&7 et se3) 0ootnote &.) 6ic5 v 9adden, 3 Cal #%&) < conviction for misconduct in
    office in the illegal appropriation of puAlic funds and the cler54s removal from office are e3uivalent to
    an adEudication that the cler5 is ineligiAle to hold the office for the remainder of the term) 9cCellan v
    ;earson, "3 @a 49#, "3 *( 4#9) 0ootnote &) (slava v Bones, &3 <la "39, 3 *o 3"7= *teCart v
    *holl, 99 @a .34, # *( 7.7= *tine v *huttle, "34 7nd <pp 7, "& N(#d "&= *elover v *heardoCn,
    73 9inn 393, 7 N? .%= *tate e1 rel) *t) 6ouis v ;riest, 34& 9o 37, ".# *?#d "%9) Cler5s of the
    *uperior Court are no less liaAle for the negligent performance of their official duties than for a
    failure to perform such duties) /ouchton v (chols County, #"" @a &., &4 *(#d &") 0ootnote &7) Neal2
    Blun Co) v +ogers, "4" @a &%&, &# *( #&%) Copyright T "99&, ?est @roup /here is no liaAility if the
    cler54s failure to perform his duty resulted in no inEury or loss) 7nstallment ;lan, 7nc) v Bustice (6a
    <pp' #%9 *o #d &) 0ootnote &&) (slava v Bones, &3 <la "39, 3 *o 3"7= 7nstallment ;lan, 7nc) v
    Bustice (6a <pp' #%9 *o #d &= *elover v *heardoCn, 73 9inn 393, 7 N? .%= *tate e1 rel) *t) 6ouis
    v ;riest, 34& 9o 37, ".# *?#d "%9) 0ootnote &9) 6ic5 v 9adden, 3 Cal #%&= 7nstallment ;lan, 7nc)
    v Bustice (6a <pp' #%9 *o #d &) 0ootnote 9%) *teele v /hompson, # <la 3#3= Gimsey v 8all, & @a
    <pp 4%9, #3 *(#d "9) /he failure of the cler5 of court to sign the process attached to the petition,
    and the copy of the process, authoriIed recovery of nominal damages Chere the claim sued on
    Aecame Aarred Aecause of the cler54s negligence) 8all v Gimsey, 4& @a <pp %., "73 *( 437)
    0ootnote 9") *tate e1 rel) Cecil v Christian, "3 7nd <pp 3%&, 4" N( %3) ?here letters of
    guardianship confer no poCer on the guardian until a Aond is given, the issuance Ay a cler5 of such
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    letters Aefore the guardian gives Aond does not constitute a Areach of the cler54s Aond) *tate use of
    Carpenter v *loane, #% $hio 3#7) 0ootnote 9#) *tine v *huttle, "34 7nd <pp 7, "& N(#d "&,
    holding that the cler5 of court Cas liaAle in damages for false arrest Aased on his negligence or
    misconduct in issuing a Carrant of arrest) 0ootnote 93) +yan v *tate Ban5 of NeAras5a, "% NeA .#4, 7
    N? #7= Charco, 7nc) v Cohn, #4# $r ., 4"" ;#d #4 (failure to enter order vacating aCard for
    damages'= *train v BaAA, 3% *C 34#, 9 *( #7") 0ailure of a former county cler5 to doc5et a divorce
    decree so as to impose a lien on the husAand4s real estate gave rise to a cause of action against the
    cler5 on the ground that such failure Cas the pro1imate cause of the Cife4s loss occasioned Chen the
    husAand mortgaged the real estate) (sselstyn v Casteel, #%. $r 344, #& ;#d ., mod on other
    grounds #%. $r 39, #&& ;#d #"4, and reh den #%. $r 37", #&& ;#d #".) *pecific statutory provision
    is sometimes made under Chich a cler5 neglecting to enter any Eudgment on the Eudgment doc5et is
    liaAle personally on his official Aond for the amount of damages sustained Ay such neglect) *ee, for
    e1ample, provisions set out in Bohnson v *chloesser, "4 7nd .%9, 4. N( 7%#) 0ootnote 94)
    *hac5elford v *taton, ""7 NC 73, #3 *( "%") < prothonotary has an aAsolute statutory duty to
    properly inde1 all Eudgments and his failure to do so renders him liaAle on his Aond) CommonCealth
    use of $rris v +oAerts, "&3 ;a *uper #%4, "3% <#d ##, revd on other grounds 39# ;a .7#, "4" <#d
    393, 7" <6+#d ""#4) 0ootnote 9.) *teCart v *holl, 99 @a .34, # *( 7.7) 0ootnote 9) *tate e1 rel)
    Christian County v @ideon, ".& 9o 3#7, .9 *? 99) Copyright T "99&, ?est @roup 0ootnote 97)
    6andreneau v Ceasar (6a <pp' ".3 *o #d "4., cert den #44 6a 9%", ".4 *o #d 79, and (disapproved
    on other grounds :nited *tates 0idelity N @uaranty Co) v @reen, #.# 6a ##7, #"% *o #d 3#&, ovrld
    on other grounds Creech v Capitol 9ac5, 7nc) (6a' #&7 *o #d 497, later app (6a <pp' #9 *o #d 3&7,
    cert den (6a' #99 *o #d &%#') 0ootnote 9&) ;eople v 9ay, #." 7ll .4, 9. N( 999, error dismd #3# :*
    7#%, .& 6 (d &"4, 34 * Ct %#) 0ootnote 99) ;eople use of @oAin v 9ay, "33 7ll <pp "39, holding
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    that cler54s act in accepting insufficient surety Cas Eudicial or 3uasi2Eudicial Chere court referred
    3uestion of approval of sureties on appeal Aond to cler5) 0ootnote ") 9cGay v Coolidge, #"& 9ass
    ., "%. N( 4..) 0ootnote #) 6uther v Ban5s, """ @a 374, 3 *( &#= 0isher v 6evy, "&% 6a "9., ".
    *o ##%, 94 <6+ "#97 (Crongful issuance of mortgage certificate') <nnotation: 94 <6+ "3%3, 7)
    0ootnote 3) Neal2Blum Co) v +ogers, "4" @a &%&, &# *( #&% (materialman4s claim of lien'= Cain v
    @ray, "4 Gy 4%#, "4# *? 7". (deed') 0ootnote 4) Davis v 9c<teer (C<& 9o' 43" 0#d &"=
    6oc5hart v 8oenstine (C<3 ;a' 4"" 0#d 4.., cert den 39 :* 94", #4 6 (d #d #44, 9% * Ct 37&=
    BroCn v Dunne (C<7 7ll' 4%9 0#d 34"= Ni5laus v *immons (DC NeA' "9 0 *upp 9") Court cler5
    refusing to give the plaintiff a transcript of record Cas acting in discharge of his official duties and
    immune from liaAility under the doctrine of Eudicial immunity) Dieu v Norton (C<7 7ll' 4"" 0#d 7")
    Charge that cler5 of court refused to furnish the plaintiff Cith a portion of the state criminal trial
    transcript involved an act performed in his capacity as a 3uasi2Eudicial officer and clothed him Cith
    Eudicial immunity) *teCart v 9innic5 (C<9 Cal' 4%9 0#d &#) *ee, hoCever, *tephen v DreC (DC
    -a' 3.9 0 *upp 74, involving an action against a cler5 of court and others for Crongful commitment
    of the plaintiff for mental illness, Cherein the court stated that, although some decisions have
    articulated a D3uasi2EudicialD immunity of cler5s of court, cler5s of court enEoy no immunity at all)
    0ootnote .) /here is no immunity from suit for cler5s of court in the performance of their ministerial
    duties, such as the filing of papers) 9cCray v 9aryland (C<4 9d' 4. 0#d ") 0ootnote )
    CommonCealth use of @reen v Bohnson, "#3 Gy 437, 9 *? &%") < county cler5 of court is
    protected lfrom the conse3uences of his acts Chich are 3uasi2Eudicial in nature and re3uire the
    e1ercise of Eudgment or discretion) +odrigueI v *tate, .. 9isc #d 9, #&. N>*#d &9) 0ootnote 7)
    9c<lister4s <dmrs) v *crice, ". /enn #7) 0ootnote &) ;rothonotary Cas not liaAle to prisoner under
    the Civil +ights <ct for refusing to accept certain appeal papers for filing Chere action of the
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    prothonotary Cas pursuant to order of the superior court) 6oc5hart v 8oenstine (C<3 ;a' 4"" 0#d
    4.., cert den 39 :* 94", #4 6 (d #d #44, 9% * Ct 37&) <cting pursuant to order of court as defense
    to action, see K 3&, infra) 0ootnote 9) CommonCealth use of @reen v Bohnson, "#3 Gy 437, 9 *?
    &%") 0ootnote "%) 7t is no part of the official duties of a cler5 to search the records of his office for
    Eudgments, liens, or suits pending, affecting title to real property, and to certify the result) < party
    relying on such certificate, in aAsence of a special agreement Ay the cler5 to ma5e a special search
    and certify as to the condition of the title, must himself Aear Chatever loss ensues from Cant of s5ill
    or honest errors on the part of the cler5) 9allory v 0erguson, .% Gan &., 3# ; 4"%)
    0rom: 6aura;`nvAar)org /o: Iachcoughlin`hotmail)com *uAEect: +(: pending final disposition of
    disciplinary proceedings))))language *C+ """(7' versus *C+ """(&' and the Bune 7th, #%"# $rder of
    the N-) *) Ct) Date: /hu, "" $ct #%"# %%:.&:.7 f%%%% ;lease don4t put Cords in my mouth, Zach)
    >ou are the one that indicated that you had not received the Complaint Chen Ce tal5ed on the phone)
    ?hy, then, Could 7 file in a 9otion to DismissF 7 am responsiAle for my oCn actions) 2 6aura (a5a
    Cler5 ;eters' 0rom: Zach Coughlin LIachcoughlin`hotmail)comM *ent: ?ednesday, $ctoAer "%,
    #%"# "":." <9 /o: tsusich`nvdetr)org= 6aura ;eters= David Clar5= ;atric5 Ging=
    nvsccler5`nvcourts)nv)gov *uAEect: 0?: pending final disposition of disciplinary
    proceedings))))language *C+ """(7' versus *C+ """(&' and the Bune 7th, #%"# $rder of the N-) *)
    Ct) Dear Chairman *usich and Cler5 ;eters, Bar Counsel Ging sees himself as a the Director of this
    movie, placing you tCo in the scenes Chere he sees fit) Chairman *usich, it is your responsiAility to
    comply Cith the Court4s $rder and the *upreme Court +ules, and at this point, you need to send a
    clear message to Bar Counsel that Dthe 5id stays in the pictureD, and inform 9r) Ging that he is not to
    attempt to ta5e your EoA or duties from you) *ame goes for Cler5 ;eters, especially vis a vis her
    admission that Ging told her not to file Coughlin4s 9otion to Dismiss in *BN v Coughlin on
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    *eptemAer "7th, #%"#, Chich has noC gone unopposed, and therefore, shall Ae granted) *incerely,
    Zach Coughlin ;$ B$U 39" +eno, N- &9.%. /el 77. 33& &""& 0a1 949 7 74%#
    ZachCoughlin`hotmail)com 0rom: ;atric5G`nvAar)org /o: Iachcoughlin`hotmail)com CC:
    DavidC`nvAar)org *uAEect: +(: pending final disposition of disciplinary proceedings))))language
    *C+ """(7' versus *C+ """(&' and the Bune 7th, #%"# $rder of the N-) *) Ct) Date: ?ed, "% $ct
    #%"# ":44:#7 f%%%% Dear 9r) Coughlin, ?hen you met Cith me and David Clar5 to discuss the
    Complaint and the process) 9r) Clar5 e1plained that since there Cas a conviction, Qthe sole issue to
    Ae determined Cas the e1tent of the disciplineY) Not if you committed the crime, since that Cas
    already determined Aeyond a reasonaAle douAt) 7t is that conte1t that Ce are reading the rule) Not that
    the state Aar is precluded from Aringing additional allegations against you) <ny additional allegations
    that have not already resulted in criminal convictions Cill need to Ae proved Ay Qclear and
    convincingY evidence) <s such, at the hearing, on the issue of your criminal convictions, the only
    issue for the panel to decide is the appropriate discipline) 8oCever, 7 Cill Ae providing evidence as to
    the other allegations in the Complaint) /he ;anel Cill decide if the state Aar has met its Aurden of
    proof as to those allegations in the complaint, other than the criminal convictions, and Cill decide the
    appropriate discipline on the totality of the case, including mitigating and aggravating factors that
    may Ae presented at the hearing) <s such, 7 do not intend Aifurcate these proceedings) 7 thin5 to do so
    Could cause unnecessary confusion, undue time and e1pense and Could Ae preEudicial to the
    administration of Eustice) 7 am advised that you have not yet filed an <nsCer to the Complaint) 7 have
    sent you a notice of intent to proceed on a default Aasis) /he hearing date is e1pected to Ae
    ?ednesday NovemAer "4, #%"#) 7 Cill Ae sending you a notice of hearing, along Cith a list of
    Citness, and evidence that 7 intend to introduce at the hearing) ;atric5 Ging, <ssistant Bar Counsel)
    0rom: Zach Coughlin Lmailto:Iachcoughlin`hotmail)comM *ent: ?ednesday, $ctoAer "%, #%"# :"&
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    <9 /o: tsusich`nvdetr)org= David Clar5= 6aura ;eters= ;atric5 Ging *uAEect: pending final
    disposition of disciplinary proceedings))))language *C+ """(7' versus *C+ """(&' and the Bune 7th,
    #%"# $rder of the N-) *) Ct) Dear Chairman *usich, Bar Counsel, and Cler5 ;eters, 7 am Criting
    formally re3uest a Aifurcation of sorts, consiering:)))(truncated email'Y
    +BC Budge4s *ecretary 6ori /oCnsend4s 4!""!"# letter to *BN Bar Counsel Ging (at least the one
    Ging finally turned over tCo Eudicial days Aefore the ""!"4!"# hearing, hidden Cithin 3,%%% pages of
    documentation in a Ao1' reads:
    D0rom: /oCnsend, 6ori m 6/oCnsend`Cashoecounty)usn *ent: ?ednesday, <pril "", #%"# "":34
    <9 /o: ;atric5 Ging *uAEect: Zachary Coughlin <ttachments: +C+#%""2%.3%)pdf= +C+#%""2
    %.3%29otion)pdf= +C+#%""2%334")pdf
    8i ;atric52
    8ere are the tCo outstanding criminal cases against 9r) Coughlin in +eno Bustice Court) Case
    numAer +C+ #%""2%334" is set for trial on 9ay 7th at 9:%% am= Case +C+ #%""2%.3% is the one
    aCaiting the results of the competency evaluation) 7 also included a notice!motion that he filed in the
    gross misdemeanor case) 7 did not include a pleading entitled D;re /rial 9otionsD he filed in the
    misdemeanor case (it is in e1cess of #%% pages', Aut if you Could li5e to see that, 7 can send you a
    copy) 8e is also emailing staff memAers Cith lin5s to his >ou/uAe pages) ;lease let me 5noC if you
    need anything else) o+C+#%""2%.3%)pdfp o+C+#%""2%.3%29otion)pdfp o+C+#%""2
    %334")pdfp 6ori 6ori 74oCnsend Budges4 *ecretary ))eno Bustice Court ;) $) Bo1 3%%&3 +eno, N-
    &9.#% 77.23#.2..%D (emphasis added')
    Beyond representing an impermissiAle attempt Ay the +BC and its Eudges to influence a
    disciplinary matter through the volunteering of information and documentation outside filing their
    oCn formal complaints or grievances through estaAlished channels and practices, the aAove Critten
    correspondence from the +BC further underscores the e1tent to Chich the +BC, its staff, and its Eudges
    are simply unaCare of, do not comprehend, or plainly refuse to folloC the laC in Nevada on
    competency determinations and issues as set forth in N+* "7&)4%.) /oCnsend admits that D%334" is
    set for trial on 9ay 7th at 9:%% am= Case +C+ #%""2%.3% is the one aCaiting the results of the
    competency evaluation)))D and therein reveals (as does the audio transcript of the /rial Budge
    *ferraIIa called on .!7!"# in %334" (during the pendency of the #!#7!"# $rder for Competency
    (valuation Ay his felloC +BC Budge in Department ., Budge Clifton folloCing the still une1plained
    transferring of that %.3% case from Budge 6ynch to Budge Clifton (*imilar themes Cere set out in a
    ;etition for ?rit of 9andamus filed Ay County Cler5 <my 8arvey against the #BDC fairly recently,
    alleging an impermissiAle level of control e1erted Ay the District Court over the Cler5 of
    Court)))Chich echoes some of the themes set out in a letters from Couglin to +BC Court <dministrator
    *teve /uttle on #!".!"#, #!"!"# regarding the curious DtransferringD of an eviction matter Drandomly
    assignedD (in compliance Cith a BC++/, +ule #, that seems to Ae very little folloCed and or
    enforced, unless, of course, it operates to delay a hearing on Coughlin4s 9otion to (1tinguish the
    ve1atious and Aaseless, and civil eviction process suAverting, /emporary ;rotection $rder the +;D
    - 177-
    1
    2
    and NorthCind4s <parments <ssoc), 66C Cere aAle to provide sufficient encouragement to result in
    maintenance man 9ilan GreAs applying for on 7!.!"# in +BC +C;#%"#2%%%#&7)
    7ncident to NorthCind4s GreA4s successfully helping his Aosses to suAvert the laCful eviction
    process, a great deal of Coughlin4s personal property and materials necessary to the defense of
    allegations of ve1atiousness of Aaseless claims in the summary eviction appeal in %3#&, the *C+
    """(' ;etition and temporary suspension in %&3&, and the defense of the various other retaliatory
    criminal prosecutions Coughlin has faced this last "& months Cas Cithheld from Coughlin (as Cas the
    aAility to file a /enant4s <nsCer and 9otion for +elief from or -erified Complaint regarding the
    7llegal 6oc5out attendant to NC* recogniIing the viaAility of Coughlin4s claims as to the deficiency
    of the !"4!"# . day Notice Chere NC*4s Chandler posted an DamendedD notice on !#9!"# on all
    three of Coughlin4s NorthCind4s rentals (the ?ashoe County Eail and or +BC refused to file the
    /enant4s <nsCers Coughlin suAmitted via D5itesD from his Eail cell and refused to transport Coughlin
    to the 7!.!"# hearing on Coughlin4s !#&!"# filed 9otion to *et <side the void !#7!"# 6oc5out $rder
    in "%4& (the Eail even refused to inform the +BC that Coughlin Cas in custody or otherCise afford
    Coughlin any access to Eustice in that regard Chatsoever, though the Eail readily participated in
    transporting Coughlin to an unnoticed Aail increase hearing later that morning, some might say, to the
    Aenefit of the +BC, +9C, ?C*$, and +;D)
    7t is far from clear (given the *BN and Ging4s failure to comply Cith Coughlin4s 4!"!"#
    0$7<!N+* $pen +ecords +e3uest to Ae provided documentation and materials in any Cay related to
    any grievances or allegations of misconduct against Coughlin' that the one 4!""!"# email from the
    +BC4s /oCnsend represents the only such DinputD Ay the +BC or, for that matter, the +9C or #BDC to
    Chich Couglin has Aeen denied information or documentation related thereto) Ging and the *BN
    have admitted to refusing to provide a numAer of materials, including the letter to Bar Counsel that
    N-B Budge Beesley testified to at the ""!"4!"# disciplinary hearing for Chich Budge Beesley4s
    testimony Cas only constructively noticed to Coughlin on the day Aefore the hearing itself and Cher
    the &!#3!"# Complaint in no Cay pleads or even mentions anything related to Budge Beesley, the
    N-B, or Coughlin4s representation of client4s therein and Chere the *BN has not received a single
    grievance or complaint from any of Coughlin4s clients, in the N-B or otherCise) 7f there is anyAody
    or anything Aeing DthreatenedD here or Chose Daffairs may Ae damagedD it is a tight 5nit collective of
    lifelong prosecutors turned Eudges (Budges 6inda 9) @ardner, ?illiam 6) @ardner, *teven ;) (lliott,
    Dorothy Nash 8olmes, David Clifton, Genneth +) 8oCard' and the Budge and opposing counsel
    involved in a summary eviction of a commercial tenant Aased only upon a No Cause Notice (ie Chere
    the non2payment of rent Cas not pled or noticed' that could potentially suAEect the +BC and +ichard
    @) 8ill, (s3) to some liaAility for such a DCrong site surgeryD, to analogiIe to landlord 9erliss4s line
    of Cor5' and the prosecutors and court appointed defendners (many of Chom, particularly Chere the
    +9C is concerned, Cere all prosecutors for many years themselves (6oomis, /aitel, *otelo, and
    ;uentes' or Cho clearly Cant to Ae a prosecutor (6eslie'
    /hat &!#%!"" arrest in %334" Cas the first of ten incarcerations of Coughlin (Chom
    had previously never Aeen convicted of any crime other than the a misdemeanor traffic citation')
    /hat arrest occurred incident to the misconduct of +;D $fficer Nic5 Duralde and $fficer +on +osa
    and the lies of alleged victim Cory @oAle and material Citness Nate Zarate in connection Cith the
    &!#%!"" Dooooh, thats a felonyD (to 3uote a smug, rec5less, and thoroughly dishonest $fficer Duralde
    shortly after he announced to Coughlin his annoyance Cith Coughlin Aeing a laCyer Ay saying D7
    don4t respect you at allD and telling Coughlin DEust don4t tal5 anymoreD shortly Aefore Duralde Could,
    according to Citnesses Cory @oAle and Colton /empleton, retrieve a phone from Coughlin4s left front
    - 178-
    1
    2
    shorts poc5et prior to conducting Chat he Could later characteriIe as a Dsearch incident to arrestD,
    only to misrepresent later that he only searched Coughlin4s poc5et after hurdling over the dictate
    against a custodial arrest (and therefore conducting a search incident thereto' presented Ay N+*
    "7")"3 (Chich prohiAits custodial arrests after 7 pm for alleged misdemeanor not committed in the
    officer4s presence, especially Chere DD< >oung conceded that a citiIen4s arrest did not occur, as
    made aAundantly clear Ay Coughlin himself calling 9"" upon Aeing attac5ed Ay a group of some #%
    s5ateAoarder types in their late teens and early tCenties at appro1imately "":#. pm in a Cell lit
    doCntoCn +eno s5ating plaIa alongside the /ruc5ee +iver Chere a still unidentified man, according
    to eye Citness Nicole ?atson held the i;hone in 3uestion aloft and loudly indicated to all in the
    s5ating plaIe, after no one approached him folloCing his initially as5ing someone to claim it, that he
    Could ta5e the phone and DthroC it in the riverD if someone did not immediately claim it) *uch a
    circumstance at Aest amounts to a very tenuous lost, mislaid, aAandoned!Drescued from Aeing throCn
    aCay into the /ruc5ee +iverD as petty larceny charge, especially Chere allege victim @oAle himself
    testified at /rial that the i;hone in 3uestion Cas, at that time, Corth only DaAout H&%D (far from the
    then over H#.% re3uired for felony grand larceny') (Nicole ?atson4s admission to Coughlin Cas
    captured on a video intervieC one Cee5 after the arrest at the same location Chere the arrest occurred
    shortly Aefore the *tate4s material Citness, Nate Zarate, openly attempted to dissuade and intimidate
    her from testifying and or participating any further in the intervieC Chich all involved admit to Aeing
    aCare Cas Aeing recorded' in relied on Ay the *BN at the ""!"4!"# hearing (despite not pleading it in
    any Cay in the &!#3!"# Complaint or specifying
    /<B6( $0 C$N/(N/*
    7-) 9(/8$D$6$@>))))))))))))))))))))))))))))))))) #7
    <) /he Nevada Court *ystem))))))))))) #7
    B) /he 6as -egas Bustice Court))))))) #9
    C) /;$ Burisdiction in the 6as -egas Bustice Court)))))))))))))))))))))))))))))))))))))))))) 3"
    #) $rders for ;rotection <gainst ?or5place 8arassment))))))))))))))))))))) 4%
    a) /he *uAstantive $ffense 7nvolved)))))))))))))))))))))))))))))))))))))))))) 4%
    A) /he ;rotection $rder ;rocess)))))))))))))))))))))))))))))))))))))))))))))))))) 4"
    D) *pecific /;$ Case *tatistics for the 6as -egas Bustice Court)))))))))))))))))))))) 47
    () +evieC of #%%& /;$ 0iles)))))))))))) 4&
    8) Current 6imitations))))))))))))))))))))) ..
    -) 07ND7N@* <ND D</< <N<6>*7*)))) .
    <) /he 0ive 9ost Common Dispositions)))))))))))))))))))))))))))))))))))))))))))))))))))))))))))))) .7
    ") /he $rder Denying))))))))))) .7
    a) *uAstantive Denials))))))))))))))))))))))))))
    ("' QNot *tal5ing or 8arassmentY))))))))))))))))))))))))))))))))))))) .&
    (#' QDenied220ile in 0amily CourtY))))))))))))))))))))))))))))))))))) .&
    (3' QDenied22/his is a 6andlord!/enant matter)Yqqq .9
    (4' QDenied22/his is a Criminal matter)Y)))))))))))))))))))))))))) .9
    (.' Denial for 6ac5 of Burisdiction)))))))))))))))))))))))))))))))))))) .9
    A) Denials Based upon *ome ;erceived Deficiency
    in the 0iling))))))))))))))))) %
    ("' 7ncompleteness))))))))))))))))))))))))))))))))))))))))))))))))))))))))))))))) %
    - 179-
    1
    2
    (#' QBohn DoeY Defendants)))))))))))))))))))))))))))))))))))))))))))))))) "
    .) *etting an (1tended /;$ +e3uest for 8earing)))))))))))))))))))))))))))))))))) .
    B) /he 9ost Common +elationships BetCeen <pplicants and
    <dverse ;arties)))))))))))))))))))))))))))))))))))
    7) 9iscellaneous Categories of +elationships)))))))))))))))))))))))))))))))))))))))))) 7#
    &) +elationships /hat <re Not Defined or $therCise
    DiscerniAle)))))))))))))))))))))))))))))) 74
    0) /ime to Disposition Ay Department))))))))))) &#
    ") $rders ;rocessed ?ithout 8earing))))))))))))))))))))))))))))))))))))))))))))))))))))) &.
    #) Dispositions <fter 8earing)))))))))))))) &
    a) Continuances)))))))))))))))))))))))) &
    A) Q8yAridY Dispositions))))))))) &
    c) /he QDeal Cith 7t 6aterY Disposition))))))))))))))))))))))))))))))))))))))) &7
    @) 9otions)) &7
    ") 9otions to Dissolve and $rders to *hoC Cause))))))))))))))))))))))))))))))))) &7
    #) 9otions to 9odify)))))))))))))))))))))))))))) &9
    A) Q$ther *pecific 6ocations 0re3uentedY qqq))))))))))))))))))))) 9
    c) $ther Conditions)))))))))))))))))) 97
    d) /he Q+everse 8aloY (ffect)) "%#
    .) /he (1tended $rder for ;rotection))))))))))))))))))))))))))))))) ""%
    a) Costs)))))))))))))))))))))))))))))))))))))))))))))))))))))))))))))))))))))))))))))))))))))))))))) ""%
    A) /he ;resence of the ;arties))))))))))))))))))))))))))))))))))))))))))))))))))))))) """
    c) $ne BudgeRs 7nconsistency)))))))))))))))))))))))))))))))))))))))))))))))))))))))) ""3
    d) ;reparing (1tended $rders in $pen Court))))))))))))))))))))))))))) ""3
    ) $ther 7ssues +egarding Budicial $rders))))))) ""4
    a) /he QNotice of 8earingY Dilemma))))))))))))))))))))))))))))))))))))))))))) ""4
    A) *patial 6imitations)))))))))))))) "".
    c) Q?or5ing 8ours $nlyY))))))) ""
    d) ;roperty Damage))))))))))))))))) ""7
    e) Definitional 7ssues)))))))))))))))) ""7
    f) Chec5Ao1es))))))))))))))))))))))))))) ""&
    g) Confidential 6ocations)))))))) ""9
    h) Course of Conduct))))))))))))))) "#%
    i) 9i1ing Budicial Departments)))))))))))))))))))))))))))))))))))))))))))))))))))) "#%
    E) +ecusals))))))))))))))))))))))))))))))))) "#"
    5) 9i1ing 6engths)))))))))))))))))))) "#"
    m) QDe 0actoY (victions, /erminations, and
    (1pulsions))))))))))))))))))))))))))))))))) "##
    n) Bail)))))))))))))))))))))))))))))))))))))))) "#3
    o) ;roof of *ervice)))))))))))))))))))) "#4
    p) 9ootness))))))))))))))))))))))))))))))) "#.
    3) Control over /hird ;arties) "#.
    - 180-
    1
    2
    r) +eferrals to 9ediation))))))))) "#.
    s) /he QDanglingY ;rotection $rder)))))))))))))))))))))))))))))))))))))))))))) "#
    7) 9otions)))))))))))))))))))))))))))))))))))))))))))))) "#
    a) <ttorneyRs 0ees)))))))))))))))))))) "#
    7A) /he Q9ultiple 9otionY ;roAlem)))))))))))))))))))))))))))))))))))))))))))))) "#&
    c) Q+emaining in (ffectY))))))))) "#&
    d) $rders to *hoC Cause)))))))) "#9
    &) *ervice 7ssues))))))))))))))))))))))))))))))))))) "#9
    a) ?hen *ervice 9ust Be <rranged Ay the <pplicant))))))))))))))) "#9
    A) #ervice by Court #taff)))))))) "3"
    9) 4orkplace >arassment TOJsMMThe #ecurity Requirementqqq "3"
    ") ;uAlic <ccess to /;$ 0iles)))))))))))) "4
    #) Decisions on /emporary $rders))) "47
    4) Delivery of ;aperCor5 for *ervice "4&
    .) *ervice of /;$ <pplications)))))))))) "4&
    7) +ecommendations from $ther Courts for the <$C
    /;$ 0orms Committee))))))))))))))))))))))) "49
    a) Requests for ";tended Order >earings))))))))))))))))))))))))))))))))) "49
    A) 7nformation +egarding 7ncarceration))))))))))))))))))))))))))))))))))) ".%
    c) Combining 1orms)))))))))))))) ".%
    +(0(+(NC(qqqqqqqqq "&3
    67*/ $0 C<*(*qqqqqqqqqq) "&4
    Budge 0lanagan4s &!#&!"# $rder in %3#& reads:
    :O-<E-
    Currently Aefore this Court are tCo matters initiated Ay <ppellant Z<C8<+> B<+G(+
    C$:@867N Aut suAmitted2and opposed2Ay +espondent 9<// 9(+67**) /he first is 9otion to
    <lter or <mend $rder, or ;led in <lternalid LsicM 9otion to *et <side <ttorney 0ee <Card and
    9otion for $rder *hortening /ime and Notice of <ppeal of <tty LsicM 0ee <Card a !#.!"# filed on
    Buly #4,#%"#) 9erliss filed an $pposition to D< 9otion to <lter or <mend $rder, or ;led in the
    <lternatid (sic', 9otion to *et <side <ttorney 0ee <Card and 9otion for $rde *hortening /ime and
    Notice of <ppeal of < tty (sic' 0ee <Card of !#.!"#D on Buly 3", #%"#) Coughlin filed no +eply
    Brief and the matter Cas suAmitted for decision on <ugust "%, #%"#)
    /he second is a N+C; %(A'(4' 9otion to *et <side <ttorney4s 0ees filed on Buly 3" #%"#)
    9erliss filed an $pposition to N+C; %(A'(4' 9otion to *et <side <ttorney4s 0ees on <ugust "%,
    #%"#) Coughlin filed no +eply Brief and this matter Cas suAmitted for decision % <ugust ##, #%"#)
    (ssentially, Aoth 9otions see5 to set aside this Court4s Bune #., #%"# 'rder granting
    attorney4s fees to 9erliss) 8aving revieCed Aoth of Coughlin4s 9otions and the relevant laC
    - 181-
    1
    2
    applicaAle to each one, this Court finds each 9otion is devoid of any facts or legal arguments
    sufficient to re3uire or Eustify setting aside the attorney4s fees aCard) <nd this is aside from th myriad
    procedural and suAstantive deficiencies contained in each Motion)
    <gain, as Cas the case in Coughlin4s attempt to set aside 9erliss4s aCard of costs Coughlin4s
    9otions here attempts to re2litigate suAstantive issues this Court has already decided, or frivolous
    claims this Court has previously ignored) /his Court has entered final Eudgment on the merits of
    Coughlin4s underlying claim and aCarded attorney4s fees and costs to 9erliss) /hi Court Cill not
    revisit those decisions here, particularly Chen Coughlin alleges nothing that Could satisfy the
    re3uirements of N+C; .9 or N+C; %) <ccordingly, Coughlin4s Motion to )lter or )mend 'rder, or
    "led in )lternatid >sic? Motion to Set )side )ttorney =ee )ward and Motion for 'rder Shortening
    (ime and Notice of )ppeal of )tly >sic? =ee )ward of @ABCA3B and N#&" @4Db)DE) Motion to Set
    )side )ttorney0s =ees are <ENIE<,
    7n addition, 9erliss re3uests this Court to sanction Coughlin for his repeated violations of the
    local rules of procedure) 9erliss re3uests this Court to sanction Coughlin under ?DC+ #" such that
    9erliss and his counsel need not oppose or reply to any further filings Ay Coughlin in this case aAsent
    an $rder to that effect from this Court)
    <longside the numerous procedural violations Coughlin has committed in filing his papers
    (ignoring page limits, missing deadlines, etc)', 9erliss contends Coughlin4s litigation tactics2
    including Coughlin4s instant attempt to set aside the attorney4s fees aCard2have Aeen employed not to
    pursue arguments in good faith Aut to delay and harass him) 9erliss contend Coughlin4s Aehavior has
    Aeen not only aAusive Aut costly, re3uiring 9erliss to contest each an every allegation Coughlin
    ma5es no matter hoC meritless) /his Court agrees)
    7n addition to this Court4s poCer under N+C; "" to issue sanctions to deter aAusive litigation
    practices and frivolous filings, DNevada courts ))) possess inherent poCers of e3uity and of control
    over the e1ercise of their Eurisdiction)D Bordan v) *tate Dept) of 9otor -ehicle N ;uAlic *afety, "#"
    Nev) 44, .9, ""% ;)3d 3%,4" (#%%.', aArogated on other grounds Ay BuII *teC, 66C v) City -egas of
    North 6as -egas, "#4 Nev) ##4, ##&, "&" ;)3d 7%, 7# (#%%&') Coughlin4s aAerrant Aehavior has
    Aecome, unfortunately, common in this case) 8is failure to folloC Aasic rules of practice and the
    aAsence in his numerous filings of any arguaAle Aasis either in laC or fact to support his various
    claims has led 9erliss to needlessly incur costs otherCise could have Aeen avoided had Coughlin
    simply folloCed the rules) Conse3uently, this Court finds sanctions are appropriate under ?DC+ #")
    <ccordingly, this Court $+D(+ 9erliss and his counsel may Aut are not re3uired to oppose or reply
    to any further filings Ay Coughlin in this case aAsent an $rder to that effect from this Court)
    IT IS SO O-<E-E<,
    D</(D this #&
    th
    day of <ugust, #%"#) ;atric5 0lanagan, District BudgeY
    <t page # of a &!#&!"# $rder in %3#&, Budge 0lanagan himself attempts to QrelitigateY or redo
    (outside the "% days under N+C; .9(a' Cherein such a sua sponte alteration of one4s ruling may Ae
    permissiAle' his previous $rders (including the $rder of 3!3%!"#, Chich he characteriIes as a Qfinal
    EudgmentY)))Chich Arings up the proAlematic aspect of the voidness of any sanctions Aased attorney
    fee aCard Aased upon a Ba5er and 8ill4s post2Eudgment motion for attorney fees sanctions of
    4!"9!%9', Chere that $rder reads:
    Q<gain, as Cas the case in Coughlin4s attempt to set aside 9erliss4s aCard of
    costs Coughlin4s 9otions here attempts to re%itigate su#stanti)e issues this
    Court has aready decided, or fri)oous caims this Court has pre)iousy
    - 182-
    1
    2
    ignored) /his Court has entered final Eudgment on the merits of Coughlin4s
    underlying claim and aCarded attorney4s fees and costs to 9erliss) /hi Court
    Cill not revisit those decisions here, particularly Chen Coughlin alleges nothing
    that Could satisfy the re3uirements of N+C; .9 or N+C; %)Y
    7t is not at all clear hoC Coughlin could Ae said to Ae attempting Qto re2litigate suAstantive
    issuesY Chen the !#.!"# $rder itself notes that Coughlin did not file an $pposition to 8ill4s 4!"9!"#
    9otion for <ttorney 0ees) ;articularly Chere QsuAstantive issuesY Could, necessarily Ae intimately
    intertCined Cith any attempt to have any the legitimacy of such an outrageous H4#,%.% attorney fee
    aCard for Eust the appeal Die, not tedious trial court fact finding sorts of attorney Cor5 involved, Aut
    the mere filing of a legal Arief spea5ing to rather dry legal issues only)))so, Eust Cho is Qattempting to
    re2ligitateY(or re2adEudicate, rather' things hereF
    ?ould that not Ae 8ill and Ba5er see5ing to relitigate their humiliating defeat in the QtrialY
    court in "7%& Chere, at first, Ba5er sought a ridiculous H"&,%% in attorney fees for representing the
    landlord in a No &ause Summary Eviction "roceeding (a whoopsie posture, Casey D) Ba5er, (s3),
    sheepishly had to adopt upon Aeing forced to admit that there e1ists no Aasis for aCarding attorney4s
    fees (certainly not the statute Ba5er cited to alloC such fees Chere no such Qmanufacture of
    controlled suAstancesY e1ception had Aeen alleged or Aroached in any Cay Chatsoever Ay the
    landlord at any point in this matter, though 8ill did manage to coo5 up an particularly suspect
    allegation of having found a Qcrac5 pipe and Aag of CeedY)))Ylarge 3uantity of pillsY and a Qvial of
    somethingY shortly after Coughlin merely restated, verAatim, Chat +;D $fficer Carter had said to
    Coughlin shortly after arresting him in response to Coughlin as5ing him if he QCas on +ichard @)
    8ill4s payrollY' under Nevada laC incident to a summary eviction proceeding (N+* 9)%3%, in light
    of BC+C; # (Chich characteriIes Qlandlord tenant mattersY as outside the purvieC of those Qcivil
    actionsY to Chich such fee aCards may issued')
    *o, to recap, Ba5er moved for H"&,%.% in attorney4s fees for the summary eviction)))Chich
    Budge *ferraIIa doCnsiIed to a mere H",.%%, until, ultimately, Ba5er and 8ill Cere forced to admit
    that Coughlin Cas aAsolutely correct in asserting that there moving for any attorney4s fees at all Cas,
    itself, a fine e1ample of a violation of +;C 3)"4s 9eritorious Claims re3uirement)))and that fee aCard
    Cas set aside (though, of course, Coughlin, as a practical matter, Cas treated to Aeing ordered, Ay
    Budge 0lanagan, to pay a fee aCard, a relevant portion of Chich Cas Cell in e1cess of that amount in
    consideration of the fees 8ill and Ba5er rac5ed up in defending against Coughlin pointing out the
    +;C 3)" violation they themselves ultimately Cere forced to admit in Foining Coughlin in see5ing to
    have that H",.%% attorney fee aCard set aside (hoC fees related to such matters could reasonaAly Ae
    said to relate to the appeal in %3#&, is not clear, nor is hoC such does not present yet another +;C
    3)" violation Ay these tCo QlycansY (ie, not QlichensY as Chair (cheverria incorrectly noted, a
    distinction Chich Could have Aeen clear to him had he Aothered to read any of the materials Coughlin
    provided in his filings and (1hiAits attached thereto Aefore plunging headlong into a particularly
    odious attempt to ta5e aCay one4s laC license under the most illegitimate of circumstances)'
    7ts really not at all clear Eust hoC Budge 0lanagn could find an assertion that H4#,%.% in
    attorney4s fees Cere reasonaAly incurred in relation to the appeal of this summary eviction)
    +egardless, Nevada laC does not seem to hold that BC+C; 73(A' is applicaAle to an appeal of such an
    QinformalY summary proceeding, Aut rather, is only applicaAle to a QformalY eviction (ie, a plenary
    unlaCful detainer Qcivil actionY, particularly given the e1plicit language of BC+C; +ule #')
    - 183-
    1
    2
    QQNevada BC+C; +:6( #: Q/8+(( 0$+9* $0 <C/7$N* /here shall Ae
    three forms of action in Eustice courts to Ae 5noCn as Qci)i actions,Y Qsmall
    claims actionsY and Qsummary e)iction actions)Y +ules 3 through &7 govern
    civil actions) +ules governing small claims actions Aegin Cith +ule && and end
    Cith +ule "%%) +ules governing summary evictions commence Cith +ule "%")
    II, COMMENCEMENT O8 (CTIONL SE-;ICE O8 P-OCESS,
    PLE(<IN.S, MOTIONS (N< O-<E-S
    +:6( 3) C$99(NC(9(N/ $0 <C/7$N < ci)i action is commenced Ay
    fiing a compaint Cith the court)YY
    7t Cas 8ill4s associate Ba5er, Chom 8ill alternately alleges to have spent an inordinate
    amount of time revieCing, only to then see5 to allege that he QCasn4t thereY for the trial court
    proceedings, so he can4t Ae held accountaAle for his repeated Aaseless, sCorn assertions that Coughlin
    Qfailed to raiseY the matter of his Aeing a commercial tenancy (home laC office, and or mattress
    Ausiness' impermissiAly suAEect to a No Cause *ummary (viction Chere the non2payment of rent
    Cas neither pled nor alleged, in violation of the e1plicit prohiAition against the utliIation of such a No
    Cause summary proceeding against a commercial tenant under N+* 4%)#.3) 0urther, BC+C; 73 has
    no application to the appeal of a summary eviction) +ather, as the /Co +oads v) -enetian case and
    trial court transcript therein ma5es clear (or at least ma5es ridiculous any claim that the position
    Coughlin too5 at various points, including on "#!##!"#, as 8ill, asserted, in his testimony Cas
    somehoC, demonstrative of violations of various +;C4s or indicative of a lac5 of candor or fairness to
    opposing counsel Ay Coughlin', the supersedeas Aond, particularly Chere the rent is under H",%%%, is
    statutorily set at H#.%, and the +BC4s Qthrees times the rentY approach is not permissiAle) Nor is
    characteriIing the "%!#.!"" court date as a /rial, only to assert that BC+C; "9 (re3uiring #% days to
    respond to a Complaint for :nlaCful Detainer in such a plenary matter' is inapplicaAle to a summary
    eviction)-
    <longside the numerous procedura )ioations Coughlin has committed in fiing his
    papers (ignoring page imits, missing deadines, etc,', 9erliss contends Coughlin4s litigation
    tactics2incuding Coughin's instant attempt to set aside the attorney's fees a!ard2have Aeen
    employed not to pursue arguments in good faith Aut to delay and harass him) 9erliss contends
    Coughlin4s Aehavior has Aeen not only aAusive Aut costly, re>uiring Meriss to contest each an
    e)ery aegation Coughin ma"es no matter ho! meritess)Y page # of &!#&!"# $rder in %3#&)
    *pea5ing of folloCing rules, hoC aAout the #" day safe harAor in N+C; ""F 8ill never did
    serve Coughlin a Qfiling ready sanction motionY) Coughlin, hoCever, did serve 8ill at least one such
    #" day safe harAor motion) 8ill and 0lanagan seem to run the ol4 frivolous fee sanction pic5 and roll
    Cith at least an e3ual elan as that demonstrated Ay Budge 6) @ardner and opposing counsel *pringgate
    (also, not a fan of #" day safe harAor Qfiling readyY sanction 9otions, even Chere invo5ing N+*
    7)%&., Chich itself invo5es N+C; "", Chich so re3uires service of Eust such a #" day safe harAor
    motion)))' in the Boshi Divorce /rial in %""&)
    0urther, neither Budge 0lanagan, his then laC cler5 Zelalem Bogale, (s3), 8ill, nor Ba5er
    managed to ever cite to any authority supporting the apparent sua sponte (contrary to the 4!"9!"#
    $rder in Carpentier Ay 0lanagan spea5ing to the adEudicatory Aoundaries limitations placed upon
    courts respecting the arguments put forCard and citations in support thereto Ay the parties' contention
    that Coughlins4 alleged failure to file a timely $pposition to Ba5er4s 4!"9!"# 9otion for <ttorney4s
    0ees is a procedural violationY) 0urther, there is not Qprocedural ruleY setting page limits in the
    - 184-
    1
    2
    #BDC) *ure, there Cas an $rder setting a page limit of . pages (Chich Ba5er himself e1ceeded', Aut
    Couglhin did not QignoreY such $rder) +ather, Coughlin addressed the fact that his Brief Cas in
    e1cess of said page limitation ordered, and argued a Aasis shoCing good cause for Chy is ought Ae
    permissiAle to e1ceed it) Certainly, no citation has ever Aeen provided Ay Ba5er, 8ill, or Budge
    0lanagan to support a finding that Coughlin somehoC Cas aAle to manufacture a set of circumstances
    Q re>uiring Meriss to contest each an e)ery aegation Coughin ma"es no matter ho!
    meritess=, Certainy, a more conser)ati)e approach coud ha)e #een ta"en #y Ci or *a"er,
    such as fiing a 7 page (ns!ering *rief addressing the main points at issue, !ith a re>uest for
    ea)e to ater e'ceed any such page imitation, !hich is essentiay !hat they did any!ays,,,so
    !here is a this O53,474 in attorney's fees #eing rung up, if not in impermissi#e areas no the
    appropriate su#6ect matter of such an attorney fee a!ard motion,,,ie, fiings reated to the
    supersedeas #ond2stay on appea issue argua#y do not come !ithin the pur)ie! of N-S B1,474,
    nor do those $and the associated court time and preparation& reated to the //2E2// hearing on
    Cougin's Motion to Set (side, etc,, in /E4?, or the /32342// Cearing on Coughin's //2/B2/3
    Motion to Contest Persona Property Lien, Certainy, *a"er and Ci ne)er presented any
    citation to support a contention that such matters fa !ithin the anguage of N-S B1,474,
    8urther, !ith respect to a fees incurred in reation to the persona property ien issue, 9udge
    8anagan's Order denying Coughin's appea of 02042/3 ma"es cear that such matters
    $incuding the Order Resolving <efendant's Motion to Contest Persona Property Lien #y 9udge
    SferraRRa of /323/2//,,,!hich !as definitey not a 'consent Order' and !hich the transcript and
    record ma"e cear Coughin in no !ay :consented= to& !ere not incuded in the appea in
    40B3?, (s such, the )ouminous attorney fee #iing entries reated thereto $impermissi#y
    o#scured some!hat #y the e'cessi)e redacting of entries in the aegedey :detaied= #is, !here
    no egitimate pri)iege !as e)er asserted or pro)ed to 6ustify such o#structionist tactics,,,!hich
    no! #ecome of materia ree)ance to the e'tent that *a"er, in his s!orn testimony on B2/?2/3
    admitted to interactions !ith the @CSO Ci)i <i)ision on /423?2//, and that Ci's a! office
    definitey relied upon the -eno 9ustice Court to transmit the )arious e)iction Orders to the
    Sheriff's Office for processing, The specter of #oth the /42372// and /423E2// E)iction Orders
    here #eing )oid or stae !here )ioati)e of the statutory dictate that such an Order incuded
    anguage $and neither Order herein did& ordering the Sheriff to :remo)e from the premises=
    :!ithin 35 hours or receipt= $apparenty the #heriff5s receipt of such $rder)))though several
    counties in Nevada apparently vieC the relevant language in N+* 4%)#.3 as applying to the tenant0s
    receipt, and, accordingly, have policies Chich re3uire the *heriff or constaAle to post to a tenant4s
    door such an $rder, then alloC Qat least #4 hoursY to pass Aefore conducting any such loc5out) One
    thing that certainy is interesting is that the E)iction Order the @CSO posted to the door of
    Coughin's former home a! office on //2/2// ac"ed any fa' header $in contrast to a other
    such e)iction orders Coughin had seen posted and *a"er's testimony on B2/?2/3 that the -9C
    !as responsi#e for transmitting such an e)iction Order, though its not cear that *a"er did not
    first fa' the /423E2// 8O8COLOSE that the -9C fa'ed to him $as sho!n in the attachments to
    Ci's TPO appication of /2/32/3 against Coughin& at 5D5/pm to the @CSO aong !ith the
    Order of /423E2// granting *a"er's unnoticed Emergency Motion to Inspect Coughin's former
    home a! office during the !ee"end during !hich, apparenty, Coughin !as e'pected to
    reco)er for a grueing si' !ee"s of itigating, and hire mo)ers and rent truc"s to mo)e #oth a
    home and a a! office, e)en !here the -9C !as sti retaining the O3,3E7 in :rent escro!= that
    it demanded from Coughin in the /42/02// Order in )ioation of Ne)ada a!G Posted !ith the
    /423E2// 8O8COLOSE on //2/2// #y @CSO <eputy Machen !as 6ust that /423E2// Order
    - 185-
    1
    2
    ao!ing such an inspection, though that Order, curiousy, did ha)e t!o fa' headers atop it $one
    indicating the -9C fa'ed Ci's a! office that :inspection Order= at 5D01 pm on /423E2//&, and
    a second header indicating the @CSO Ci)i <i)ision recei)ed a fa' neary immediatey
    thereafter from Ci's office that transmitted the inspection Order $!ith -9C fa' header freshy
    printed thereon& to the @CSO Ci)i <i)ision,,,,@hat it not cear is !hy the -9C, @C<(,
    @CSO Ci)i <i)ision, Ci, and *a"er are so reticient, and, some might say obstructionist aAout
    responding to Coughlin4s various re3uests (including N+* #39 $pen +ecords +e3uests' see5ing
    documentation related to and copies of the fa1 logs of the +BC for the relevant time period involved
    here, especially considering Ba5er4s sCorn testimony at the criminal trespass trial of Coughlin on
    !"&!"# relative to Eust hoC such (viction $rders Cere QreceivedY Ay the ?C*$ Civil Division, and
    Eust Chat means of transmitting those $rders Cas utiliIed)
    /he laC is unclear in Nevada and this is a matter of legitimate puAlic concern involving Aoth
    the safety of laC enforcement and tenants, Aut also the enormous social costs of ill advisedly carried
    out summary eviction loc5outs that are Aound to resultin conse3uential damages far e1ceeded the
    relatively small sum of money landlord4s Could save Ay having such loc5outs done even one day
    earlier than current Qusual custom and practicesY (to 3uote 8ill4s statement of the state of the laC
    therein' of the Q?ashoe County *heriff4s $fficeY) /he Eudiciary has an oAligation here as Cell as
    nearly all Eudicial campaigns in ?ashoe County (particulary those at the Bustice Court level' openly
    tout the endorsement of a myriad of local laC enforcement organiIations (though, never, any that
    espouse tenants rights or civil rights in general') 7s there a Q6aCyer4s ;rotection <ssociationY to
    mirror the Q;olice ;rotective <ssociationY that nearly all successful Eudicial candidates in ?ashoe
    County so openly flaunt having the endorsement ofF Does that encourage the rampant *oldal v) Coo5
    Co), style deprivation of 4# :*C *ec) "9&3 rights that is evinced in the ". or so Crongful summary
    eviction Coughlin has Aeen suAEected to since the initial Crongful &!#%!"" arrest and seven day
    incarceration occurring Chile an eviction notice Cas placed on his former home laC office4s door Eust
    tCo months after his domestic partner of four years aAsconded Cith tCo months of his rental
    contriAutions, secretely, failed to pay one month of her oCn (though she did oAtain, arguaAly, assent
    from the landlord to an QarrangementY ChereAy any Eoint oAligation thereto of Coughlin4s Cas
    aAsolved Cith respect to one to tCo months :lloa4s rental shares)))', Chere Coughlin then could not
    afford his anti2depressants or <D8D medications starting on or aAout <ugust #
    nd
    , #%"" (an also
    Chere an appointment Cith his pyschiatrist, Dr) >asar, had to Ae cancelled due to his not Aeing aAle to
    afford the office visit, and Chere NN<89* indicated it Could never cover <D8D medications, and
    that Coughlin Could not Ae permitted to have 9DD medications covered Chere ta5ing such <D8D
    medications, upon Coughlin confidentially in3uiring as to such matters Cith NN<89*')
    In contrast to aegedy #iing up O53,474 in :addressing= Coughin's :aegations= $its
    not cear that the misconduct of Ci and *a"er and their damage sef interested damage
    contro instincts are an appropriate #asis for rac"ing of #ia#e hours to charge Meriss or to
    ater see" $in a :procedura )ioation= of their o!n, gi)en the dictates against see"ing post%
    6udgment attorney fee sanctions, particuary !here no attempt to compy !ith the 3/ day safe
    har#or re>uirements in N-CP // !here e)er made #y Ci or *a"er& an a!ard of such
    attorney's fees
    ?hat is most stri5ing is the utter lac5 of specifics from either Ba5er, 8ill, or Budge 0lanagan
    as to Eust Chich positions ta5en or arguments made Ay Coughlin evince any sort of frivolity or
    Chy)))0urther, 8ill and Ba5er themselves clearly conducted no novel legal research in this matter,
    aside from citing to <nvui and the then recent C@ ?allace case, and they demonstrate any utter
    - 186-
    1
    2
    paucity of insight into landlord tenant laC and summary evictions in particular, Chich are, as the C@
    ?allace case points out, truly rare species in the laC, having unto themselves and entirely uni3ue set
    of considerations and procedures)
    0irst Ban5 of 9arietta v) 8artford :nderCriters 7ns) Co), 3%7 0)3d .%", ."%P"" (th Cir)#%%#'
    (compliance Cith the safe harAor provision is mandatory'= 6indner v) <merican (1p) Corp), #%%9 ?6
    .4493, at # (*)D)N)>) Ban) &, #%%9' (the failure to comply Cith the safe harAor provision results in a
    denial of sanctions'= Dalton v) 0leming, #%%& ?6 4.7".%9, at ^3 (*)D)<la) $ct) "4, #%%&' (the
    re3uirement is Eurisdictional, Cas not Caived, and the failure to comply Cith the safe harAor provision
    resulted in denial of the motion for sanctions'= $lson v) </ N / Corp), #%%& ?6 #97"7, at ^"
    (D)Gan) Buly 3", #%%&' (motion for sanctions denied for failure to comply Cith safe harAor
    provision')
    -777, B:+7*D7C/7$N, &32"%.,
    U) 6797/</7$N $0 ;+$*(C:/7$N*, "4. ).2"%)
    U7-, <++<7@N9(N/, n#"2#,
    -777) B:+7*D7C/7$N)
    *ee also C$N*/7/:/7$N<6 6<?eln44.9)
    &3) Nature and scope of criminal Eurisdiction)
    &4) Constitutional and statutory provisions)
    ("') 7n general)
    (#') +ight to confer and limit Eurisdiction)
    (3') Conferring e1traterritorial Eurisdiction)
    (4') Creating local and special courts)
    (.') 7mpairing or enlarging Eurisdiction
    conferred Ay Constitution)
    (') (ffect of statute conferring Eurisdiction
    on another court)
    &.) Courts invested Cith criminal Eurisdiction)
    &) 22 7n general)
    &7) 224 6imited or inferior Eurisdiction)
    &&) 22 9unicipal and other local courts)
    - 187-
    1
    2
    &9) 22 :nited *tates courts)
    9%) Burisdiction of Eustices of the peace, police
    Eustices, and other officers)
    ("') 7n general)
    (#') Burisdiction of offense)
    (3') (1tent of punishment)
    (4') /erritorial e1tent)
    (.') Concurrent Eurisdiction)
    (') (ffect of conferring Eurisdiction
    on other courts of same grade)
    9") Burisdiction of offense)
    9#) 22 7n general)
    93) 22 Nature or grade of offense)
    94) 22 (1tent of penalty)
    (.') 7nferior and municipal courts)
    ):"3)4 Burisdiction of the person)
    99) 9ode of ac3uiring Eurisdiction)
    "%%) (1ercise of Eurisdittion in general)
    ("') 7n general)
    (#') Different departments of same
    court)
    (3') ;riority of Eurisdiction)
    "%") /ransfer of causes)
    ().') 7n general) )
    ("') BetCeen federal courts)
    (#') BetCeen state courts in general)
    (3') @rounds for transfer AetCeen
    state courts)
    (4') ;roceedings for transfer AetCeen
    state courts)
    (.') ;roceedings after transfer AetCeen
    state courts)
    (') BetCeen Eustices4 courts)
    "%#) 6oss or divestiture of Eurisdiction)
    "%3) Burisdiction to Ae shoCn Ay record)
    "%4) ;resumptions as to Eurisdiction)
    "%.) ?aiver of oAEections)
    7U) -(N:()
    *ee also C$N*/7/:/7$N<6 6< ?eln44.9)
    (<' ;6<C( $0 B+7N@7N@ ;+$*(C:/7$N)
    "%) Nature and necessity of venue in prosecution)
    "%7) Constitutional and statutory provisions)
    "%&) 6ocality of offense in general)
    ("') 7n general)
    (#') $rganiIation of neC county)
    - 188-
    1
    2
    "%9) $ffenses committed Cithout presence of
    accused)
    ""%) ;rincipals and accessories)
    ""%) C+797N<6 6<?
    ):"3)4 Burisdiction of the person)
    99) 9ode of ac3uiring Eurisdiction)
    "%%) (1ercise of Eurisdittion in general)
    ("') 7n general)
    (#') Different departments of same
    court)
    (3') ;riority of Eurisdiction)
    "%") /ransfer of causes)
    ().') 7n general) )
    ("') BetCeen federal courts)
    (#') BetCeen state courts in general)
    (3') @rounds for transfer AetCeen
    state courts)
    (4') ;roceedings for transfer AetCeen
    state courts)
    (.') ;roceedings after transfer AetCeen
    state courts)
    (') BetCeen Eustices4 courts)
    "%#) 6oss or divestiture of Eurisdiction)
    "%3) Burisdiction to Ae shoCn Ay record)
    "%4) ;resumptions as to Eurisdiction)
    "%.) ?aiver of oAEections
    U) 6797/</7$N $0 ;+$*(C:/7$N*)
    "4.).) Nature and scope of limitations)
    "4) Constitutional and statutory provisions)
    "47) 6imitations applicaAle)
    "4&) Commencement of period of limitation)
    "4&)") 22 7n general)
    "49) 22 Commission of offense in general)
    ".%) 22 Continuing offenses)
    ".") (1ceptions and suspension)
    ".")") 22 7n general)
    ".#) 22 <Asence, nonresidence, or concealment
    of accused)
    ".3) 22 0ugitives from Eustice)
    ".4) 22 Concealed or un5noCn offense)
    "..) Computation of time)
    ".) Commencement of prosecution)
    ".7) 22 7n general)
    ".&) 22 Continuance or delay in prosecution)
    - 189-
    1
    2
    ".9) 22 <mendment of proceedings)
    "%) 22 NeC proceedings after dismissal or
    failure of original prosecution
    U7-) ,<++<7@N9(N/)
    *ee also C$N*/7/:/7$N<6 6< ? m*In4.&4)
    #") Necessity of arraignment and plea)
    ("') 7n general)
    (#') 0urther arraignment and plea)
    ##) ?aiver of arraignment and plea)
    #3) Bench Carrant or other process after
    indictment)
    #4) +e3uisites and sufficiency of l=lrraignment)
    #*) /ime to plead in general)
    /ime of arraignment, see m*In #4)
    #) +efusal or failure to plead)
    (<' ;6<C( $0 B+7N@7N@ ;+$*(C:/7$N /he QDiscoveryY provided Ay +C< Chief ?ong for
    the /;$ case, (Q39"3Y', curiously is missing any signature or identifying and supporting information
    as to the Q;roof of *erviceY of the /;$) ?hile page #3 of the 3 page production for 39"3 has had
    the phrase Q;roof of *erviceY interlineated atop it, the "#!#!"# 3uasi2;roof of *ervice found on page
    . of the five page /;$ $rder in %7, should one manage to get a copy of it (Chich, again, such page
    is curiously missing from the production Ay the +C<' Could reveal that it Cas not even attempted
    served in accordance Cith the $rder itself, Chich, at page 4 of . orders: Q7/ 7* 0:+/8(+
    $+D(+(D that the appropriate laC enforcement agency!process server promptly attempt to serve
    this $rder, together Cith a copy of the <pplication upon the <dverse ;arty, and upon service, file
    proof of service Cith the Court Ay the end of the ne1t Ausiness day after service is made) *ervice
    must Ae made pursuant to the +ules of Civil ;rocedure)Y page 4:#32.:# of "#!#%!"# /;$ in +BC
    +C;"#2%7)
    Coughlin has oAtained that missing Qpage . of .Y of the "#!#%!"# /;$ in %7, Chich contains
    a file stamp of "#!#!"# at 4:34pm ne1t to +eno Bustice Court Bailiff <nthony (nglish4s Q;roof of
    *ervice :pon the <dverse ;artyY) <ccordingly, the +BC too5 the $rder of "#!#%!"# in %7 and
    - 190-
    1
    2
    interlineated Q;roof of *erviceY atop of page " of ., then had +BC Bailiff /ony (nglish sign and date
    the Q;roof of *ervice :pon the <dverse ;artyY QformY therein that had previously Aeen left Alan5) <s
    such, has not the +BC and its Bailiff4s QalteredY a Qlegal documentY) *ee Budge Nash 8olmes4
    allegations as to Coughlin4s filign in "" /+ #&%% Aeing QerrantY and QalteredY) *ee NNDB ;anel
    Chair (cheverria and $BC4s Ging4s allegation in the transcript of the ""!"4!"# formal disciplinary
    hearing that Coughlin Cas QalteringY a previously filed document) *ee the +BC refusing to file in
    Coughlin4s handCritten filings in a Qlandlord tenant matterY Ay having +BC Bailiff deliver to
    Coughlin +BC Civil Division Cler54s Christine (ric5son4s unsigned (initially' QnoteY and supporting
    documentation to Coughlin purporting to have authority to demand Qtype CrittenY filings from
    Coughlin Ay citing to BC++/, despite BC++/ +ule # ma5ing clear that such rules Qdo not apply to
    landlord tenant mattersY) /hen see #BDC Budge (lliott4s dismissing Coughlin4s Crongful termination
    case in C-""2%"9.. against ?ashoe 6egal *ervices and the very C<<? Chose (1ecutive Board
    Budge (lliott sits on (Chich he failed to disclose', of "#!&!"", Cherein the failure to list the Qplace of
    serviceY resulting in vitiating)
    0urther, +BC Bailiff (nglish4s Q;roof of *erviceY fails to meet even the N+* .4)%4.
    Declaration under penaty of perEury re3uirements, fails to speicify that it Cas a Qtrue and correctY
    Qcopy of this /emporary $rder for ;rotection <gainst 8arassment in the ?ro5place, together Cith a
    copy of the <pplication)Y /hat "#!#!"# Q;roof of *erviceY does have (nglish4s signature, the his
    handCritten name underneath, Cith Q"#2#2"#Y listed in the Alan5 for QDate of *erviceY and Q"4.&
    hrsY listed in the Alan5 for Q/ime of *erviceY Cith an interlineation on the left ne1t thereto of Q*erved
    Ay BailiffY) *uch Q;roof of *erviceY fails to mention that such Cas attempted served upon Coughlin
    in the +BC Courthouse Chile Coughlin Cas attending court, in violation of courthouse sanctuary rule,
    the privilege and immunity against service of process accorded attorney4s and litigants Chere
    - 191-
    1
    2
    attending court and in the courthouse, and agains very Eurisdictional prere3uisite terms of the
    "#!#%!"# $rder in %7 itself in that an +BC Bailiff is not listed amongst those Qappropriate laC
    enforcement agency!process serverY Q$+D(+(DY to Qattempt to serve this $rderY, Chich, again,
    reads:
    QQ7/ 7* 0:+/8(+ $+D(+(D that the appropriate laC enforcement agency!process server promptly
    attempt to serve this $rder, together Cith a copy of the <pplication upon the <dverse ;arty, and upon
    service, file proof of service Cith the Court Ay the end of the ne1t Ausiness day after service is made)
    *ervice must Ae made pursuant to the +ules of Civil ;rocedure)Y page 4:#32.:# of "#!#%!"# /;$ in
    +BC +C;"#2%7)Y
    +BC Bailiff (nglish4s Q;roof of *erviceY is further deficient under N+C; . (Chich the $rder
    itself re3uires service Ae conducted in accord Cith' in that it fails to specify that (nglish is Qover "&
    years of ageY and Qnot a party to caseY, in addition to failing to indicate Chere such purported service
    Cas conducted)
    Chief ?ong4s failure to turn over the Brady material presented Ay the patently deficient ;roof
    of *ervice of the "#!#%!"# /;$ <pplication %7 re3uires a mistriall and dismissal of Aoth of these
    prosecutions given a Eurisdictional prere3uisite for the (;$ in %7 is effective service of Notice of
    the "!4!"3 8earing and Cithout such, no Qopportunity to Ae heardY could Ae said to Ae afforded to
    Coughlin) Coughlin has repeatedly notified to +BC and its Bailiffs verAally and in Criting that he
    does not consent to or Caiver the rights he has against Aeing served anything in the +BC courthouse,
    especially Ay the +BC4s oCn Bailiff4s or personnel (it goes against the QprestigeY and QneutralityY that
    the +BC Eudiciary, populated Ay lifelong prosecutors, some might say, perhaps ought attempt to
    evince in a Ait more pronounced a fashion)
    - 192-
    1
    2
    *imilarly, the Q<ffidavit of *ervice in the (;$ case (Q39"4Y' is defective as Cell, ma5ing
    such (;$ in %7 void as Cell) ?hile the "!"4!"3 Q<ffidavit of *erviceY Ay QClint ;layerY does
    specify that ;layer is Qover "& years of ageY and Qnot a party to caseY, and that such purported
    service too5 place (on a *aturday, Chich the ?C*$ does not serve orders on normally', at Q6ocation:
    "47" () 9
    th
    *treet +eno, N- &9.%.Y (Chich is the Crong Iip code, given such address falls in the
    &9."# designation' Qin the County of ?ashoe, *tate of NevadaY) 0urther, Chile such indicates it Cas
    Qpersonally servedY, the #!7!"# Critten admission Ay ?C*$ Civil Division *upervisor 6iI *tuchell
    that her office considers a document Qpersonally servedY even Chere it is merely posted on one4s
    front door Chen the ?C*$ admits no one is home, vitiates any compliance Cith the re3uirements of
    N+C; . that may appear attendant thereto) ;layer failed to comply Cith the "!4!"3 (;$ Chere such
    re3uired, at page 4 of 4 line #%2## that Q7/ 7* 0:+/8(+ $+D(+(D that the appropriate laC
    enforcement agency!process server promptly attempt to serve this $rder, together Cith a copy of the
    <pplication upon the <dverse ;arty, and upon service, file proof of service with the Court by the
    end of the ne;t business day after service is made) *ervice must Ae made pursuant to the +ules of
    Civil ;rocedure)Y ;layer4s <ffidavit of *ervice purports to have effected service on a *aturday,
    "!.!"3, yet Cas not even signed Ay ;layer until "!7!"3, and not file stamped Ay the +BC until "!"4!"3,
    such failure Ay ;layer to comply Cith the $rder (and the ?C*$ fails to comply Cith Nevada laC
    incident to N+* 4%)#.3 and Q#4 hourY loc52out orders (see <nvui' in ta5ing a very deleterious
    shortcut to Nevadan4s in failing to accord tenant4s #4 hours from the time of the ?C*$ posting a
    loc5out order to Chen the loc5out is effected) +ather, as they did on 3!".!"# to Couglin +BC +ev"#2
    374, the ?C*$ has Aeen 5noCn to race over to a tenant4s house shortly after a summary e)iction
    hearing and Area5 and enter, Cithout 5noc5ing or identifying themselves as laC enforcement first,
    Cith there guns draC, only to point them at the tenant and demand they suAmit to handcuffing (Qyour
    - 193-
    1
    2
    Aeing detainedY' Chereup the tenant is afforded a scant 4five minutesY to QgraA some thingsY) to
    0urther, ;layer4s <ffidavit of *ervice fails to identify the case numAer of the documents ;layer
    purports to have served Coughlin in that "!"4!"3 <ffidavit of *ervice (Chich fails to meet the
    re3uirements of N+C; . and runs counter to the estaAlished practice of the ?C*$ as to such
    <ffidavits of *ervices (reportedly after EaAAing his forearm into Coughlin4s midsection on Coughlin4s
    drive Cay, in an display of e1cessive force similar to that demonstrated Ay +BC Bailiff Bohn +eyes on
    "#!"9!"# Chen himself violating Courthouse sanctuary doctrine and attorney litigant immunity from
    such service in the courthouse (Chere +eyes also shoved his forearm into Coughlin4s midsection=))
    <dditionally in 4!#4!"3 +eyes loudly e1claimed to Couglin, upon his chec5ing in Cith the courthouse
    security pursuant to theirs and the ?C*$ $ffice4s contention that the "#!#%!"# Q<dministrative $rder
    #%"#2%"Y in Q/he <dministrative 9atter of Zachary CoughlinY re3uires Couglhin to do so, and Cait
    for an +BC Bailiff to appear to escort Coughlin to the Department of <lternative sentencing so
    Coughlin can complete his re3uired once Cee5ly for tCo years proAation ordered Ay Budge *ferraIIa
    for a conviction of a crime Cith a fine!Aail schedule set at H.%%, and Chere Coughlin had served over
    "# days in Eail thereon (meaning, giving Couglin a suspended "&% day is entirely overreachign and
    inappropriate, some might say, and further evidence of the e1tent to Chich the +BC Eudiciary
    impermissiAly leverages such minor charges in an effort to mitigate civil liaAility of the +BC and
    ?ashoe County itself through coercive application of proAation (and such proAation led to Coughlin
    spending . days in Eail incident to a fraudulent arrest Ay D<* on #!"!"3 connected to +BC Bailiff
    9edina and courthouse security, and D<* Cor5er *aArina conspiring to detain Coughlin, Chom
    presented at the security chec5 in point at #:.4 pm (Chere D<* closes at 3:%% pm' and confirmed
    again Cith courthouse security (a private firm directed Ay the ?C*$' that he Could Ae arrested if he
    attempted to go to the D<* CindoC to chec5 in Cithout and +BC Bailiff, despite the fact that D<* is
    - 194-
    1
    2
    a Qseparate departmentY from the +BC and therefore Couglhin4s chec5ing in Cith D<* does not come
    Cithin the purvieC of the suspect "#!#%!"# Q<dministrative $rder #%"#2%"Y in that the D<* area is
    not under the Qe1clusive controlY of the +BC, and as such, no +BC Bailiff escort is re3uired)
    $n #!#4!"3, Coughlin Cas again as5ing the courthouse security personnel aAout this Chen
    +BC Bailiff Bohn +eyes, carrying a gun (and against Chom Coughlin Cas denied a /;$ in 0eAruary
    #%"# Chere the +BC transferred such the the *par5s Bustice Court' loudly e1lcaimed QChat the 0:CG
    are you Aothering them forY, to Chich Coughlin indicated that he Cas doing no such thing, to Chich
    +eyes responded that he Q5neCY Coughlin Cas, despite +eyes Aeing entirely unaAle to 3uote anything
    Coughlin had Eust said in response to Coughlin as5ing him Chat in particular aAout the conversation
    Coughlin Cas having Cith courthouse security Bailiff +eyes found so to Ae QAotheringY, Chereupon
    +eyes invaded Coughlin4s personal space and loud e1laimed Q7 am not in the mood for your fuc5ing
    shit) Do you Cant me to send you Aac5 out that front door or do you Cant to ta5e care of Ausiness)Y
    Couglin indicated he Cished to chec5 in Cith D<* and Cas escorted there Ay +eyes) ?hile heading
    out of the shared courthouse Couglin indicated again, as he has previously to the +BC Bailiffs, +eyes
    and 9edina included, that the "#!#%!"# Q<dministrative $rder #%"#2%"Y does not, in Coughlin4s
    opinion, re3uire such +BC Bailiff escorts Chere Coughlin is chec5ing in Cith D<*, Chich +BC Budge
    ;earson has admitted is QseparateY from the +BC and not under its umArella) *o, the +BC Bailiffs
    purported to serve Coughlin a /;$ in +C;"#2.99 on "#!"9!"#, Budge *ferraIIa4s Q<dminsitrative
    $rder #%"#2%"Y on "#!"9!"#, and the /;$ in %7 on "#!#!"#, in addition to, on #!#&!"3 a #!#.!"3
    $rder to *hoC Cause stemming from that Q<dministrative $rder #%"#2%"Y (Chich lac5ed a case
    numAer until the +BC altered such $rder on 3!"4!"3 Ay affi1ing the case numAer +C+#%"32%7"437
    thereto, though there remains no opposing party therein and such $rder Cas not made in any QcaseY
    and there Cas no Qopposing partyY, nor any Qproperly made motionY sufficient to invest the +BC Cith
    - 195-
    1
    2
    Eurisdiction to ma5e such $rder) < verAatim copy of such Q<dministrative $rderY Cas purported
    served Ay +9C Chief 9arshal +oper on Coughlin on "!"!"3 in the courthouse as Cell in violation
    of the dictates against such set forth herein)
    <dditional Aasis for dismissing this prosecution arises from the apparent retaliatory
    QaccidentalY charging Ay +;D Detective >turAide of the Crong offense, as detailed in DD< >oung4s
    QDistrict <ttorney No27ssue 9emorandumY as to +;D "32#44. ((;$ in 39"4' and +;D "32"%%3%
    (/;$ in 39"3' for D< Case N$: 447"4%)
    ?CD< DD< >oung4s QDistrict <ttorney No27ssue 9emorandumY "32#44. of #!#&!"3 reads
    Q;rosecution of this case has Aeen declined for the folloCing reasons: @) +efer to City <ttorney in
    +eno!*par5s) +emar5s: >ou Aoo5ed for vilation of $rders <gainst *tal5ing!8arassment per N+*
    #%%).9") 8oCever, $rders are against 8arassment Q7n the ?or5placeY, per N+* 33)#7% and 33)3.%)
    /his is only a misdemeanor offense) *eems to Ae a righteous charge and case, Aut should Ae
    prosecuted Ay +eno City <ttorney4s $ffice) ;lease forCard case to that office) Date #!#&!"3 Deputy
    D<: !s! Zach >oung, (s3)Y
    /he proAlem is that +C< *ooudi4s 9emorandum to the +9C see5ing a *ummons and
    including the Criminal Complaint and +;D >truAide4s Declaration is dated #!##!"3, Chile ?CD<
    DD< >oung4s QNo27ssue 9emorandumY is dated #!#&!"3)
    0urhter +;D Detective >truAide4s charging decision reveals a clear cut retaliatory animus or
    total incompetence, Chich Could Ae plainly unacceptaAle for one as Cell compensated and entrusted
    Cith as much authority as >turAide is) <nd one really does not have to loo5 too far to discern Chere
    Detective >truAide4s retaliatory animus arises from (lending more credence to the vieC that the
    charging decisions he made of #!&!"3 Cere less the result of total incompetence and more emAued
    Cith a malice see5ing to ma5e Coughlin4s Aail and the attendant conse3uences of such charges
    - 196-
    1
    2
    (professional reputational damage, suspicously close in time the arrest on #!&!"3 incident to
    *BN!$BC allegations Chere Coughlin4s Arief in #337 Cas due on #!"3!"3)
    /he initial in a line of ". Crongful arrests of Coughlin since <ugust #%"" Cas made Ay +;D
    $fficer Nic5 Duralde (Chom sCorn Citnesses in the trial in +BC +C+""2"7%& have indicated lied
    during his testimony in a manner that indicates the order of his ma5ign an arrest and conducting a
    search of Coughlin4s short4s poc5ets on &!#%!"" Cas purposefully rearranged Ay Duralde incident to
    the fact that there Cas no QviArating soundY emitted from the i;hone in 3uestion upon Duralde
    allegedly calling it, Chere Citness testimony indicated that the phone merely had a Qscreen light upY
    incoming call notification and not an sound emitted, and that such lighting up of the screen, allegedly,
    Cas no longer visiAle due to the phone4s screen Aeing turned to face Coughlin4s Aody, and therefore,
    no longer Ae vieCaAle, allegedly, through his short4s faAric)') /hat prosecution involved emergency
    9"" dispatch (C$99 matters significantly, as Chat Qdispatch communicatedY to the +;D and Chat
    Cas received Ay Duralde and the +;D Aecame of material relevance Cith respect to the proAaAle
    cause and reasonaAle suspicion analysis, particularly Cith respect to the e1clusionary rule and hearing
    on Coughlin4s 9otion to *upress, Cith Duralde lying aAout Chat Qdispatch told himY Chere Duralde
    Cas not aAle to see the te1t vieC screen in his vehicle at the only point during the relevant time in
    3uestion Chere (comm gave any indication to Duralde and his felloC officers that there Cas anything
    remotely similar to a QpossiAle fightY, Chich is the prete1utal e1igent Qofficer safetyY assertion that
    Coach >oung, er, ?CD< DD< >oung taught Durale to sprin5le his testimony Cith in hopes that such
    Could yield sufficient QevidenceY to defeat Coughlin4s *upression 9otion vis a vis Chether there Cas
    sufficient Aasis for Duralde to conduct the multiple Qterry stop pat doCnsY that he did that night and
    or a search incident to arrest for an alleged misdemeanor that Duralde admits Cas alleged to have
    occurred outside his presence, AetCeen 7pm and 7am, Chere Duralde lied aAout Chat Citnesses on
    - 197-
    1
    2
    scene told him the present value of the phone Cas in an attempt to (li5e >turAide' overcharge Couglin
    Cith Qfelony grand larcenyY sufficient to defeat the dictate against ma5ing a custodial arrest under
    those circumstances for a misdemeanor (such as Qpetty larcenyY Chich is, at Aest, the only alleged
    misdemeanor that Duralde could have possiAly had a Aasis to charge Coughlin Cith' in light of N+*
    "7")"3) NoC, Duralde, and his Cife, Bessica Duralde, Chom is a 9"" dispatcher Cith (C$99, are
    furious at Coughlin for e1posing +;D $fficer Duralde4s malevolent, fraudulent approach to police
    Cor5 (including Chere Duralde taunted Couglin smugly, and openly, aAout his fraudulent intent in
    overcharging Coughlin Cith a felony in light of the Qcertain advantages of doing soY, as Duralde
    indicated to Coughlin shortly after effecting a custodial arrest on &!#%!""') +;D Duralde4s Cife
    (comm4s Bessica Duralde too5 calls in connection Cith that arrest from her husAand on &!#%!"")
    0urther, another retaliatory, shameful prosecution of Coughlin this year in the +BC Ay DD< >oung
    involved Duralde and (comm yet again, Chere the ?C;D got in on the act in Alac5ing out
    information from the (C$99 te1t logs that demonstrate the e1tent to Chich Duralde and the same
    Q*argent 9acaulayY Chom (along Cith three other officers' pulled Coughlin over on "!"3!"# at " am
    after tailign Coughlin upon his release at "%:3%pm from the ?ashoe County Eail upon Aailing out
    incident to a custodial EayCal5ing arrest of "!"#!"#) /he proAlem is that the (C$99 logs reveal that
    Duralde Cas sta5ing out Coughlin4s vehicle and identified it Ay the one license plate it ever had
    thereon, only for Duralde to then later allege he and his four, super Ausy, Cell compensated, lavished
    Cith Aenefits and pensions that Aan5rupt ?ashoe County schools felloC officers had a Aasis to pull
    Couglin over (outside of Duralde Aeing upset aAout Coughlin emailing the +;D on "!&!"# to
    complain aAout Duralde4s conduct during the &!#%!"" arrest (Chich report (comm4s supervisor
    Beechler reported to +;D *argent 9edina on "!"#!"# in descriAing Coughlin4s reporting 9"" his fear
    for his safety incident to the retaliation he Cas Aeing suAEected to Ay local laC enforcement, eliciting
    - 198-
    1
    2
    a menacing laugh from *argent 9edina that DD< >oung, in violation of Brady, his speciality, failed
    to turn over for entirely too long, and only upon Coughlin suApoenaing such materials, Chich Cere
    not turned over in anyChere near to volume or scope re3uired)
    *o, Chat does all of that have to do Cith +;D Detective >turAideF +;D Detective >turAide4s
    Cife is (C$99 ;uAlic *afety Dispatcher Body >turAide, Chom is Aest friends Cith and Cor5s
    alongside +;D Nic5 Duralde4s Cife, (C$99 ;uAlic *afety Dispatcher Bessica Duralde:
    http:!!CCC)urAanspoon)com!u!profile!&%9.7&
    /homas >turAide 777 Crote: QBune #7, #%"% 6i5es it 77. @astropuA ;hone)3%d&"a% 9oAile
    revieC Ay /homas >turAide 777 (" revieC' (1cellent Arunch at the 77.) >ou choose omelet Cith ham,
    cheddar, and asparagus) Gids had AlueAerry sourdough panca5es) Body had the hangover panini)
    /here4s also a ma5e it yourself Bloody 9ary Bar) 8ave to try everything)Y
    Name Position *ase Pay
    O)ertime2
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    - 199-
    1
    2
    (C$99 employes Q;uAlic *afety DispatcherY, also 5noCn as Q9"" operatorsY, li5e +;D
    $fficer Nic5 Duralde4s Cife, Bessica Duralde, an (C$99 Q;uAlic *afety DispatcherY, Q9""
    operatorY)
    N7C8$6<*
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    H"4%G a year is 5ind of a lot for +;D Detective >turAide to Ae ma5ing such sloppy, patently
    retaliatory charging decisions such as those he made on #!&!"3 (the Qsecond offenseY language in
    N+* #%%).9" only applies to Chere a conviction for a Qfirst offenseY Cas present, so >turAide4s
    charging Couglhin Cith a gross misdemeanor Chere the statute ma5es clear that even a violation of
    the charge >turAide put doCn on Coughlin4s <rrest +eport (a violation of a Q*tal5ing and 8arassment
    ;rotection $rderY, Chich Cas, oAviously, the Crong charge, something >turAide 5neC full Cell given
    the /;$ and (;$s provided to him Ay the *BN listed in numerous occasions that N+* 33)#7%) <lso,
    Coughlin4s ""!&!"# Designation ?itness and *ummary of (vidence in the formal dispicplinary matter
    Cas critical of #%%# *BN Character and 0itness Committee Chairman, 9ichael *miley +oCe, (s3),
    and Coughlin has re3uested an indication from ;anel memAer *tephen *miley Gent, (s3), if they are
    related, and 9ichael *miley +oCe4s laC firm, +oCe N 8ales employes an attorney Chose last name
    is >turAide and *BN $BC ;at Ging, Chom filed the /;$!(;$ <pplication in %7 and indicated he
    Cas acting as the attorney for the employer (despite such oAviously re3uiring him to CithdraC from
    - 200-
    1
    2
    #337 +;C 3)7 given the overChelming li5elihood he Cill Ae called as a Citness in various actions'
    Cas previously Aased near +oCe in 9inden, Nevada, alongside the same +9C defender Geith
    6oomis, (s3), a grievance against Ay Coughlin Ging summarily dispensed Cith in $ctoAer
    #%"#):http:!!CCC)roCehales)com!Bennifer>turAide)html
    http:!!CCC)roCehales)com!<ttorneys)html
    0urther the +BC never even attempted to serve, much less provide in any manner the
    folloCing re3uired N$/7C(, see 0orm C". on Nevada *upreme Court4s CeAsite:
    N$/7C(
    7f the /emporary $rder is granted, and if the <pplicant is re3uesting a hearing on the (1tended $rder,
    the Court Cill contact the applicant appro1imately seven (7' days prior to the scheduled hearing to
    confirm that the <pplicant Cill attend) 7f the <pplicant does not confirm that he!she Cill attend the
    scheduled hearing, the hearing Cill Ae vacated and the <dverse ;arty Cill Ae notified)Y
    Q0rom: Gandaras, 9ary
    *ent: /hursday, DecemAer "3, #%"# "%:#% <9
    /o: 6eslie, Bim
    *uAEect: +(: /he /hree (4s= Ccpd failure to provide essential 9"" call cd discovery of &!"3 and
    &!"7, #%"# to Coughlin in rcr#%"#2%.3%
    7mportance: 8igh
    Bim:
    7 Aelieve that you should send this) *upreme Court +ule "%4(a' authoriIes *tate Aar counsel to
    investigate all matters
    involving possiAle attorney misconduct or incapacity called to Aar counsel4s attention, Chether Ay
    grievance or Aoth)
    - 201-
    1
    2
    /his potentially involves misconduct (violation of laC' and incapacity)
    9ary Gandaras
    Deputy District <ttorney Civil Division
    ?ashoe County
    77. 2 337 2 .7#3 direct phoneY
    Q0rom:6eslie, Bim
    *ent: ?ednesday, DecemAer "#, #%"# #:.9 ;9
    /o: Gandaras, 9ary
    *uAEect: 0?: /he /hree (4s= Ccpd failure to provide essential 9"" call cd discovery of &!"3 and &!"7,
    #%"# to Coughlin in
    rcr#%"#2%.3%
    9ary:
    ;lease revieC my transmittal to ;atric5 Ging at the Aar, AeloC, and let me 5noC if 7 should do
    anything else from a civil
    perspective)
    /han5s,
    Bames B) 6eslie, (s3)
    Chief Deputy ;uAlic DefenderY
    Q0rom:
    6eslie, Bim
    *ent: ?ednesday, DecemAer "#, #%"# #:49 ;9
    /o: 4patric55`nvAar)org4
    - 202-
    1
    2
    *uAEect: 0?: /he /hree (4s= Ccpd failure to provide essential 9"" call cd discovery of &!"3 and &!"7,
    #%"# to Coughlin in
    rcr#%"# 2%.3%
    9r) Ging:
    0rom:6eslie, Bim
    *ent: ?ednesday, DecemAer "#, #%"# #:49 ;9
    /o: 4patric55`nvAar)org4
    *uAEect: 0?: /he /hree (4s= Ccpd failure to provide essential 9"" call cd discovery of &!"3 and &!"7,
    #%"# to Coughlin in
    rcr#%"# 2%.3%
    9r) Ging:
    /he AeloC email from 9r) Coughlin contains a reference at the end of the first paragraph to a CeAsite
    containing a video
    clip from the movie Cape 0ear) ;lease advise Chether any action is re3uired of our office or yours
    regarding this
    possiAle veiled or indirect threat of violence against attorneys in this office Ay 9r) Coughlin)
    /han5 you,
    Bames B) 6eslie, (s3)
    Chief Deputy ;uAlic DefenderY
    - 203-
    1
    2
    8<+<**9(N/ <ND 2/<6G7N@
    N+*Z#%%).7"ZZ8arassment: Definition= penaties)
    ")ZZ< person is guilty of harassment if:
    (a'Z?ithout laCful authority, the person 5noCingly threatens:
    ("'Z/o cause Aodily inEury in the future to the person threatened or to any other person=
    (#'Z/o cause physical damage to the property of another person=
    (3'Z/o suAEect the person threatened or any other person to physical confinement or restraint=
    or
    (4'Z/o do any act Chich is intended to suAstantially harm the person threatened or any other
    person Cith respect to his or her physical or mental health or safety= and
    (A'Z/he person Ay Cords or conduct places the person receiving the threat in reasonaAle fear that
    the threat Cill Ae carried out)
    #)ZZ(1cept Chere the provisions of suAsection # or 3 of N+* #%%).7. are applicaAle, a person
    Cho is guilty of harassment:
    (a'Z0or the first offense, is guilty of a misdemeanor)
    (A'Z0or the second or any suAse3uent offense, is guilty of a gross misdemeanor)
    3)ZZ/he penaties provided in this section do not preclude the victim from see5ing any other
    legal remedy availaAle)
    (<dded to N+* Ay "9&9, &97= < "993, ."%= #%%", #7&.'
    N+*Z#%%).7.ZZ*tal5ing: Definitions= penaties)
    ")ZZ< person Cho, Cithout laCful authority, Cillfully or maliciously engages in a course of
    conduct that Could cause a reasonaAle person to feel terroriIed, frightened, intimidated, harassed or
    fearful for the immediate safety of a family or household memAer, and that actually causes the victim
    to feel terroriIed, frightened, intimidated, harassed or fearful for the immediate safety of a family or
    household memAer, commits the crime of stal5ing) (1cept Chere the provisions of suAsection # or 3
    are applicaAle, a person Cho commits the crime of stal5ing:
    (a'Z0or the first offense, is guilty of a misdemeanor)
    (A'Z0or any suAse3uent offense, is guilty of a gross misdemeanor)
    #)ZZ< person Cho commits the crime of stal5ing and in conEunction thereCith threatens the
    person Cith the intent to cause the person to Ae placed in reasonaAle fear of death or suAstantial
    Aodily harm commits the crime of aggravated stal5ing) < person Cho commits the crime of
    aggravated stal5ing shall Ae punished for a category B felony Ay imprisonment in the state prison for
    a minimum term of not less than # years and a ma1imum term of not more than ". years, and may Ae
    further punished Ay a fine of not more than H.,%%%)
    3)ZZ< person Cho commits the crime of stal5ing Cith the use of an 7nternet or netCor5 site,
    electronic mail, te1t messaging or any other similar means of communication to puAlish, display or
    distriAute information in a manner that suAstantially increases the ris5 of harm or violence to the
    victim shall Ae punished for a category C felony as provided in N+* "93)"3%)
    - 204-
    1
    2
    4)ZZ(1cept as otherCise provided in suAsection # of N+* #%%).7", a criminal penaty provided
    for in this section may Ae imposed in addition to any penaty that may Ae imposed for any other
    criminal offense arising from the same conduct or for any contempt of court arising from the same
    conduct)
    .)ZZ/he penaties provided in this section do not preclude the victim from see5ing any other
    legal remedy availaAle)
    )ZZ<s used in this section:
    (a'ZQCourse of conductY means a pattern of conduct Chich consists of a series of acts over time
    that evidences a continuity of purpose directed at a specific person)
    (A'ZQ0amily or household memAerY means a spouse, a former spouse, a parent or other person
    Cho is related Ay Alood or marriage or is or Cas actually residing Cith the person)
    (c'ZQ7nternet or netCor5 siteY has the meaning ascriAed to it in N+* #%.)4744)
    (d'ZQNetCor5Y has the meaning ascriAed to it in N+* #%.)474.)
    (e'ZQ;rovider of 7nternet serviceY has the meaning ascriAed to it in N+* #%.)47.&)
    (f'ZQ/e1t messagingY means a communication in the form of electronic te1t or one or more
    electronic images sent from a telephone or computer to another personRs telephone or computer Ay
    addressing the communication to the recipientRs telephone numAer)
    (g'ZQ?ithout laCful authorityY includes acts Chich are initiated or continued Cithout the victimRs
    consent) /he term does not include acts Chich are otherCise protected or authoriIed Ay constitutional
    or statutory laC, regulation or order of a court of competent Eurisdiction, including, Aut not limited to:
    ("'Z;ic5eting Chich occurs during a stri5e, Cor5 stoppage or any other laAor dispute)
    (#'Z/he activities of a reporter, photographer, camera operator or other person Chile
    gathering information for communication to the puAlic if that person is employed or engaged Ay or
    has contracted Cith a neCspaper, periodical, press association or radio or television station and is
    acting solely Cithin that professional capacity)
    (3'Z/he activities of a person that are carried out in the normal course of his or her laCful
    employment)
    (4'Z<ny activities carried out in the e1ercise of the constitutionally protected rights of
    freedom of speech and assemAly)
    (<dded to N+* Ay "993, .%9= < "99., .9, ""9., "3#4= "999, "377= #%%", ., #7&., #&%%= #%%3,
    "9&= #%%9, 3%%'
    N+*Z#%%).&"ZZ?here offense committed)ZZ8arassment, stal5ing or aggravated stal5ing shall Ae
    deemed to have Aeen committed Chere the conduct occurred or Chere the person Cho Cas affected
    Ay the conduct Cas located at the time that the conduct occurred)
    (<dded to N+* Ay "9&9, &97= < "993, ."%= "99., %= #%%", '
    N+*Z#%%).9"ZZCourt may impose temporary or e1tended order to restrict conduct of alleged
    perpetrator, defendant or convicted person= penaty for violation of order= dissemination of order=
    notice provided in order)
    - 205-
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    ")ZZ7n addition to any other remedy provided Ay laC, a person Cho reasonaAly Aelieves that the
    crime of stal5ing, aggravated stal5ing or harassment is Aeing committed against him or her Ay
    another person may petition any court of competent Eurisdiction for a temporary or e1tended order
    directing the person Cho is allegedly committing the crime to:
    (a'Z*tay aCay from the home, school, Ausiness or place of employment of the victim of the
    alleged crime and any other location specifically named Ay the court)
    (A'Z+efrain from contacting, intimidating, threatening or otherCise interfering Cith the victim of
    the alleged crime and any other person named in the order, including, Cithout limitation, a memAer of
    the family or the household of the victim of the alleged crime)
    (c'ZComply Cith any other restriction Chich the court deems necessary to protect the victim of
    the alleged crime or to protect any other person named in the order, including, Cithout limitation, a
    memAer of the family or the household of the victim of the alleged crime)
    #)ZZ7f a defendant charged Cith a crime involving harassment, stal5ing or aggravated stal5ing is
    released from custody Aefore trial or is found guilty at the trial, the court may issue a temporary or
    e1tended order or provide as a condition of the release or sentence that the defendant:
    (a'Z*tay aCay from the home, school, Ausiness or place of employment of the victim of the
    alleged crime and any other location specifically named Ay the court)
    (A'Z+efrain from contacting, intimidating, threatening or otherCise interfering Cith the victim of
    the alleged crime and any other person named in the order, including, Cithout limitation, a memAer of
    the family or the household of the victim of the alleged crime)
    (c'ZComply Cith any other restriction Chich the court deems necessary to protect the victim of
    the alleged crime or to protect any other person named in the order, including, Cithout limitation, a
    memAer of the family or the household of the victim of the alleged crime)
    3)ZZ< temporary order may Ae granted Cith or Cithout notice to the adverse party) <n e1tended
    order may Ae granted only after:
    (a'ZNotice of the petition for the order and of the hearing thereon is served upon the adverse party
    pursuant to the Nevada +ules of Civil ;rocedure= and
    (A'Z< hearing is held on the petition)
    4)ZZ7f an e1tended order is issued Ay a Eustice court, an interlocutory appeal lies to the district
    court, Chich may affirm, modify or vacate the order in 3uestion) /he appeal may Ae ta5en Cithout
    Aond, Aut its ta5ing does not stay the effect or enforcement of the order)
    .)ZZ:nless a more severe penaty is prescriAed Ay laC for the act that constitutes the violation of
    the order, any person Cho intentionally violates:
    (a'Z< temporary order is guilty of a gross misdemeanor)
    (A'Z<n e1tended order is guilty of a category felony and shall Ae punished as provided in N+*
    "93)"3%)
    )ZZ<ny court order issued pursuant to this section must:
    (a'ZBe in Criting=
    (A'ZBe personally served on the person to Chom it is directed= and
    - 206-
    1
    2
    (c'ZContain the Carning that violation of the order:
    ("'Z*uAEects the person to immediate arrest)
    (#'Z7s a gross misdemeanor if the order is a temporary order)
    (3'Z7s a category C felony if the order is an e1tended order)
    7)ZZ< temporary or e1tended order issued pursuant to this section must provide notice that a
    person Cho is arrested for violating the order Cill not Ae admitted to Aail sooner than "# hours after
    the personRs arrest if:
    (a'Z/he arresting officer determines that such a violation is accompanied Ay a direct or indirect
    threat of harm=
    (A'Z/he person has previously violated a temporary or e1tended order for protection= or
    (c'Z<t the time of the violation or Cithin # hours after the violation, the person has:
    ("'Z< concentration of alcohol of %)%& or more in his or her Alood or Areath= or
    (#'Z<n amount of a prohiAited suAstance in his or her Alood or urine that is e3ual to or
    greater than the amount set forth in suAsection 3 of N+* 4&4C)""%)
    (<dded to N+* Ay "9&9, &97= < "993, ."%= "99., ", "3#4= #%%., 9.3= #%%7, "%#%'
    N+*Z#%%).9#ZZ;etitioner for order: Deferment of costs and fees= free information concerning
    order= no fee for serving order)
    ")ZZ/he payment of all costs and official fees must Ae deferred for any person Cho petitions a
    court for a temporary or e1tended order pursuant to N+* #%%).9") <fter any hearing and not later
    than final disposition of such an application or order, the court shall assess the costs and fees against
    the adverse party, e1cept that the court may reduce them or Caive them, as Eustice may re3uire)
    #)ZZ/he cler5 of the court shall provide a person Cho petitions the court for a temporary or
    e1tended order pursuant to N+* #%%).9" and the adverse party, free of cost, Cith information aAout
    the:
    (a'Z<vailaAility of temporary and e1tended orders pursuant to N+* #%%).9"=
    (A'Z;rocedure for filing an application for such an order= and
    (c'Z+ight to proceed Cithout legal counsel)
    3)ZZ< person Cho oAtains an order pursuant to N+* #%%).9" must not Ae charged any fee to have
    the order served in this *tate)
    (<dded to N+* Ay #%%", "7"'
    N+*Z#%%).94ZZDuration of orders= dissolution or modification of temporary order)
    ")ZZ< temporary order issued pursuant to N+* #%%).9" e1pires Cithin such time, not to e1ceed
    3% days, as the court fi1es) 7f a petition for an e1tended order is filed Cithin the period of a temporary
    order, the temporary order remains in effect until the hearing on the e1tended order is held)
    #)ZZ$n # daysR notice to the party Cho oAtained the temporary order, the adverse party may
    appear and move its dissolution or modification, and in that event the court shall proceed to hear and
    determine such motion as e1peditiously as the ends of Eustice re3uire)
    - 207-
    1
    2
    3)ZZ<n e1tended order e1pires Cithin such time, not to e1ceed " year, as the court fi1es) <
    temporary order may Ae converted Ay the court, upon notice to the adverse party and a hearing, into
    an e1tended order effective for no more than " year)
    (<dded to N+* Ay "99., .9'
    N+*Z#%%).97ZZ$rder to Ae transmitted to laC enforcement agencies= enforcement)
    ")ZZ(ach court that issues an order pursuant to N+* #%%).9" shall transmit, as soon as
    practicaAle, a copy of the order to all laC enforcement agencies Cithin its Eurisdiction) /he copy must
    include a notation of the date on Chich the order Cas personally served upon the person to Chom it is
    directed)
    #)ZZ< peace officer, Cithout a Carrant, may arrest and ta5e into custody a person Chen the peace
    officer has proAaAle cause to Aelieve that:
    (a'Z<n order has Aeen issued pursuant to N+* #%%).9" to the person to Ae arrested=
    (A'Z/he person to Ae arrested has Aeen served Cith a copy of the order= and
    (c'Z/he person to Ae arrested is acting in violation of the order)
    3)ZZ<ny laC enforcement agency in this *tate may enforce a court order issued pursuant to N+*
    #%%).9")
    (<dded to N+* Ay "99., .9= < #%%., 9..'
    N+*Z#%%)%"ZZ-ictim to Ae given certain information and documents concerning case= cler5 to
    5eep record of order or condition restricting conduct of defendant)
    ")ZZ/he prosecuting attorney in any trial Arought against a person on a charge of harassment,
    stal5ing or aggravated stal5ing shall inform the alleged victim of the final disposition of the case)
    #)ZZ7f the defendant is found guilty and the court issues an order or provides a condition of the
    sentence restricting the aAility of the defendant to have contact Cith the victim or Citnesses, the cler5
    of the court shall:
    (a'ZGeep a record of the order or condition of the sentence= and
    (A'Z;rovide a certified copy of the order or condition of the sentence to the victim and other
    persons named in the order)
    8<+<**9(N/ <ND */<6G7N@
    N+*Z#%%).7" 8arassment: Definition= penaties)
    N+*Z#%%).7. *tal5ing: Definitions= penaties)
    N+*Z#%%).&" ?here offense committed)
    N+*Z#%%).9" Court may impose temporary or e1tended order to restrict conduct of alleged
    perpetrator, defendant or convicted person= penaty for violation of order= dissemination of order=
    notice provided in order)
    N+*Z#%%).9# ;etitioner for order: Deferment of costs and fees= free information concerning
    order= no fee for serving order)
    - 208-
    1
    2
    N+*Z#%%).94 Duration of orders= dissolution or modification of temporary order)
    N+*Z#%%).97 $rder to Ae transmitted to laC enforcement agencies= enforcement)
    N+*Z#%%)%" -ictim to Ae given certain information and documents concerning case= cler5 to
    5eep record of order or condition restricting conduct of defendant)
    to >truAide, Chere the <rrest +eport charges Coughlin Cith a gross misdemeanor and felony
    violation of N+* #%%).9"(.', despite the fact that >turAide had Aoth the /;$ and (;$4s in 3uestion
    for Cee5s prior to the #!&!"# arrest, and his Aeing paid to Ae a QDetectiveY Cith the +;D, Chom,
    allegedly, failed to QdetectY that Aoth $rders Cere not sufficiently served) 0urther, the police report
    indicates the QinvestigationY Cas transferred to >turAide for Qmi
    of the Coughlin hereAy Declares that he is indigent) 8e has one Aan5 account Cith H.% in it) 8e
    oCns no real property, no stoc5s or Aond, has nearly no income currently, his rent is H".% per month
    to live in a fifth Cheel trailer, he eats free food from food pantries, and nearly all of his time is spent
    in pursuing his oCn self representation in the various criminal prosecutions and laC license matter
    and appeal thereon in #337) he oCns a honda accord "99 ""%5 miles Corth aAout H.%% and minor
    personal property not easily li3uidated, he receives some financial assistance from his mother, around
    H"%% per month, and that is it, he has no savings, etc) his e1penses are aroudn H.% of gas a month
    and paper and stampes, in5, etc) of aroudn H.% per month) 8is yearly incomed is less than H"%,%%%
    Chich per se 3ualifies him for 70; status under the Nevada *upreme Court4s #%%9 7ndigent Defense
    $rder and he see5s compensation fo runderta5ing his oCn representaiton and, failing that, appointed
    of co counsel only Cith final control Aeing afforded to Coughlin of any and all means, tactics,
    oAEetives and all other decisions incident to representaion) Coughlin see5s a Caiver of suApoena fees
    and service fees and 70; $rder in that regard and as5 that Eudicial notice Ae ta5e of the 70; granted
    Coughlin on "!9!"3 in C+"#2#%#. Ay Budge (lliott of the #BDCn
    - 209-
    1
    2
    7t is not clear Chether the Complaint is alleging Zach Coughlin, (s3), as a Ausiness practicing
    laC in Nevada has violated the /;$ or (;$, or Chether Zach Coughlin, personally, violated such)
    <s such, an alter ego analysis may Ae in order, Aut the Complaint simply does not specify, and
    therefore is impermissiAly vague)
    /he "!.!"3 <ffidavit of *ervice Ay the ?C*$ filed in +C;"#2%7 fails to identify the case
    numAer for the document Chich it alleges Cas served on Coughlin) *uch lac5 of specificity ma5es
    such <ffidavit of *ervice insufficient) $ne must not necessarily assume the case numAer of the (;$
    the <ffidavit alleges Cas served is the same case as the one in Chich the <ffidavit Cas filed)
    /he various iterations of the Criminal Complaint are not even signed, or rather, they are
    signed, Aut there is no indication to Chom the signature Aelongs to, Chich violates N+C; "" and
    N+* "74) 0urther, the *ummons alleges a violation of a statute (listing the numAer thereto' that does
    not e1ist)
    #) Neither of the Complaints or <mended Complaints in 39"3 and 39"4 state Chere the alleged
    criminal violations too5 place, especially in 39"4 vis a vis the alleged fa1ing)
    /he criminal summons and attempted service thereof, and all other process in this matter is
    insufficient) "." 0) #d #99, ?indels, %3 N? #d &34, 9%3 ;)#d #&, noC Caiver on Coughlin4s part,
    +ichards 793 ;)#d .9%, Genler #%4 N>* #d 7.&, "7% N( #d #9", .77 ;)#d &%3, *noC 9%3 ;)#d #&,
    <mEur Criminal 6aC *ections 4%&243#, &3 ;)#d #"#)
    Clearly, there Cas not sufficient proAaAle cause in either 39"3 or 39"4 to support issuing a
    *ummons and Coughlin
    Defendants move to 3uash service of the summons on the Aasis that the @overnment failed to comply
    Cith the re3uirements of 0ederal +ule of Criminal ;rocedure 4(c' (QCriminal +ule 4Y') /he
    @overnment agrees that it Aears the Aurden of demonstrating that service Cas proper) See, e-g-,
    - 210-
    1
    2
    United States v- )lfred $- .olff GMB*, #%"" ?6 447"3&3, at ^4, ^& (N)D) 7ll) *ept) #, #%""'
    (Q)lfred $- .olffY' (placing Aurden on government to shoC it properly effected service')
    B) /he +e3uirements of 0ederal +ule of Criminal ;rocedure 4)
    ;ursuant to Criminal +ule 4, if a complaint or affidavits filed Cith a complaint estaAlish QproAaAle
    cause to Aelieve that an offense has Aeen committed and that the defendant committed it,Y and at the
    re3uest of an attorney for the government, a Eudge may issue a summons instead of a Carrant) 0ed) +)
    Crim) ;) 4(a') < summons may Ae served QCithin the Eurisdiction of the :nited *tates or anyChere
    else a federal statute authoriIes an arrest)Y 0ed) +) Crim) ;) 4(c'(#')
    :nder Criminal +ule 4(c'(3', a summons may Ae served Qon an organiIation Ay delivering a copy to
    an officer, to a managing or general agent, or to another agent appointed or legally authoriIed to
    receive service of processY (hereinafter Qthe delivery re3uirementY') 0ed)+) Crim) ;) 4(c'(3'(C') /he
    summons also must Ae mailed Qto the organiIationRs last 5noCn
    ") Coughlin has not Aeen served the *ummons in this matter) 7t is Aelieve service of a criminal
    summons Ay mail in Nevada re3uires mailing such Aoth Ay certified mail and first class mail in
    tandem and that any such summons in these matters may have only Aeen mailed Ay certified mail)
    #) /he *tate Bar of Nevada failed to meet a Eurisdictional prere3uisite to receiving any such
    Cor5place harassment protection order in that no Aond Cas posted Cith the "#!#%!"# /;$ application
    in +BC +C;"#2%7 or at any time thereafter)
    /he interplay AetCeen personal Eurisdiction, sufficiency of service, agency, and alter2
    ego has Aeen addressed fre3uently in civil cases) See, e-g,- Bauman v- /aimler &hrysler
    &orp-,
    44 0)3d 9%9, 9#%29#" (9th Cir) #%""' (motion to dismiss for lac5 of personal Eurisdiction'=
    *ic,ory (ravel Systems, 5nc- v- (U5 )-G-, #"3 0)+)D) .47, ..3 (N)D) Cal) #%%3' (motion to
    3uash service') 8oCever, there appear to Ae only four criminal cases on point, Chich Cill Ae
    - 211-
    1
    2
    discussed in more detail later in this $rder) /Co district courts have granted motions to
    3uash)
    )lfred $- .olff, #%"" ?6 447"3&3= United States v- Hohnson Matthey "$&, #%%7 ?6 ##.47
    (D) :tah <ug) #, #%%7' (QHohnson MattheyY') 7n the other tCo cases, the district courts denied the
    motions) United States v- (he "ublic .arehousing &ompany, #%"" ?6 ""#333 (N)D) @a) 9ar) #&,
    #%""' (Q"ublic .arehousingY'= United States v- &hitron Electronics &o-, $td-, & 0) *upp) #d #9&
    (D) 9ass) #%%9' (Q&hitron ElectronicsY')

    3) Coughlin has Cor5ed diligently to attain a copy of the complete police report incident to Aoth 39"3
    and 39"4, re3uesting such in Criting from the +9C (or attempting to', the +eno City <ttorney4s
    $ffice and the +eno ;olice Department Aut has Aeen denied access to anythign Aeyond the ;C *heet
    and <rrest +eport and Declaratio of ;roAaAle Cause (ie, no Citness statements, no Narrative, etc)')
    4) Coughlin Cas never appropriately served either the "#!#%!"# /;$!(;$ applciation Ay ;at Ging
    (and its inappropriate for Ging to continue as counsel on #337, the appeal of the "#!"4!"# 0$0C$l
    recommending permanent disAarment, Chile applying for a /;$!(;$ on his oCn Aehalf (his
    employer must do it for him', or feigning to on Aehalf of some unnamed others at the *BN (and there
    is no Eurisdiction to grant an Qinsitutional protection orderY, such order must Ae assigned to one
    person in particular per order, not an entire intitution))
    Coughlin hereAy reserves any rights or arguments as to the insufficiency of service of process,
    failure to state a crime, insufficiency of process, etc), etc)
    Do to the important, especially as to the Aail analysis, of Coughlin Aeing permitted to vieC the
    entire police report, Coughlin re3uests a continuance of the 4!"7!"3 arraignment in Aoth 39"3 and
    39"4) Coughlin Cas already suAEect to a H.,%%% Aail incident to the #!&!"3 arrest for gross
    misdemeanor tpo violation and felony epo violation re3uiring H7.% cash to Aail out)
    - 212-
    1
    2
    /he criminal complaints and amended in this matter do not accurately state that rationale
    offered Ay the ?CD<4s $ffice for deciding that Qno crimina lcomplaint Cill issueY incident to the
    #!&!"3 arrest, as detailed in the 3!"!"3 letter from DD< Zach >oung to +;D >turAide) 0urther, the
    locus of the alleged violation seems to Ae outside +eno city limits proper, and therefore not Cithin
    any Qconcurrent EurisdictionY argument sufficient to invo5e the +9C4s Eurisdiciton over the decision
    Ay the ?CD<4s $ffice not to press charges)
    Coughlin re3uests proof to support +C< *oodui4s statments in the complaints that QCourt) /he
    ?ashoe County District <ttorney4s $ffice indicated that the violation
    is misdemeanor and since it occurred Cithin city limits the proper court of Eurisdiction is the +eno
    9unicipal CourtY)
    : Q/he Nevada Constitution guarantees the people of Nevada the right to Aail in non2capital offenses
    and prohiAits the district court from imposing e1cessive Aail) *ee Nev) Const) art) ", KK and 7= see
    also N+* "7&)4&4("' (QL<M person arrested for an offense other than murder of the first degree must
    Ae admitted to Aail)Y (emphasis added''= *t) ;ierre v) *heriff, 9% Nev) #&#, #&, .#4 ;)#d "#7&, "#&%
    ("974' (QL$Mur Constitution does not encompass inclusion of a non2capital offense as non2AailaAle)Y')
    Q/his traditional right to freedom Aefore conviction permits the unhampered preparation of a defense,
    and serves to prevent the infliction of punishment prior to conviction)Y *tac5 v) Boyle, 34# :)*) ", 4
    ("9."') 7n deciding a reasonaAle amount for Aail the district court may consider Qthe nature of the
    offense charged, the penaty Chich may Ae inflicted, the proAaAility of the appearance of the
    accused, his pecuniary condition, his character and reputation, and the circumstances surrounding the
    case relative to the li5elihood of conviction)Y (1 parte Bagles and -arnes, 44 Nev) 37%, "9. ;) &%&
    ("9#"'= see also N+* "7&)49&= N+* "7&)4&.3) 8oCever, QBail must not Ae) ) ) more than the accused
    can reasonaAly Ae e1pected under the circumstances to give, for if so it is suAstantially a denial of
    - 213-
    1
    2
    Aail)Y (1 parte 9alley, .% Nev) #4&, #.3, #. ;) ."#, ."4 ("9#7') $ur revieC of the record reveals
    that the district court violated the Nevada Constitution in tCo Cays) 7t denied the petitioner Aail for
    fifteen days and then imposed a Aail amount Chich greatly e1ceeded the amount the petitioner could
    reasonaAly Ae e1pected to pay) <s the real party in interest notes in its ansCering Arief, the district
    court imposed a Aail amount that Cas fifty times greater than the Clar5 County standard Aail schedule
    for category B felonies) 7n light of the district courtRs failure to consider all of the relevant factors, see
    N+* "7&)49&, its stated reason for remanding petitioner to custody, petitionerRs indigent status, and
    the amount of Aail, Ce can only conclude that the district court Cas attempting to punish petitioner
    for his attitude Cithout utiliIing the procedures provided for in Nevada laC) *ee N+* ##)%3%("'
    (e1plaining Chen a person may Ae punished summarily for contempt'= N+* ##)%"% (defining
    contempt') 0or these reasons, Ce conclude that the district court manifestly aAused its discretion Ay
    remanding petitioner to custodyCithout Aail for fifteen days and imposing e1cessive Aail) *ee *tate
    v)Dist) Ct) (<rmstrong', "#7 Nev) , #7 ;)3d 777, 7792&% (#%""' (discussing Chen a Crit of
    mandamus Cill issue')Y
    :nder N-S 00,354, harassment in the Cor5place occurs Chen:
    ") < person 5noCingly threatens to cause or commits an act that causes:
    (a' Bodily inEury to himself or another person=
    (A' Damage to the property of another person= or
    (c' *uAstantial harm to the physical or mental health or safety of a person=
    #) /he threat is made or the act is committed against an employer, an employee of the
    employer Chile the employee performs his duties of employment or a person present
    at the Cor5place of the employer= and
    3) /he threat Could cause a reasonaAle person to fear that the threat Cill Ae carried out
    or the act Could cause a reasonaAle person to feel terroriIed, frightened, intimidated or
    harassed)
    /he Complaints in Aoth case fail to state any facts that Could amount to a violation) Coughlin
    is and has Aeen involved in a litigation Cith the *BN, in the trial court formal disciplinary matter and
    - 214-
    1
    2
    on appeal) Both re3uire Coughlin to file documents, and serve them and the *BN e1pressly
    consented to service of such Ay fa1 and has never, at any point, disputed that fact, Aut rather, has
    coyly s5irted ac5noCledging it Aeyond the intial e1pressions and suAse3uent ratifications thereof,
    especially considering NNDB *usich4s 7!#7!"# letter to Coughlin directing him to pusue *C+ "%.(4'
    in3uiries Cith the *BN, rather than the NNDB)
    /he +$< in #337 has had a very trouAled history) NoC, the second version of the +$<, file
    stamped #!"3!"3 (though the *BN has continued misaddressing the +$< is sends to Coughlin
    (Chich, this time, did include the /ranscript from the formal hearing and 8earing (1hiAits, unli5e
    Chat the *BN mailed to Coughlin in connection Cith the +$< filed on "#!#4!"#)))(page "%9& of the
    "#!#4!"# +$< contains a Certificate of *ervice By 9ail Cherein the *BN4s 6aura ;eters Crote: Q7
    hereAy certify that 7 served a copy of the attached +ecord on <ppeal, -ol) "N#, Ay placing a copy in
    an envelope addressed to Zachary)))Y) /hat "#!#%!"# Certificate of *ervice By 9ail contains nothing
    indicating that there e1isted a -ol) 3 in said +$< file stamped "#!#4!"# upon all three volumes Aeing
    suAmitted to the Cler5 of Court of the Nevada *upreme Court')
    NoC, in the #!"3!"3 +$<, the order of presentation of the "%!9!"# <ffidavit of 6aura ;eters,
    and the "%!"#!"# Notice of 0ormal 8earing= Designation of ?itnesses and *ummary of (vidence is
    switched from the order those QfilingsY appeared in in the "#!#4!"# +$<, in an attempt Ay the *BN
    to ameliorate the impropriety apparent in the "#!#4!"# +$< Chere the "%!9!"# <ffidavit of 6aura
    ;eters appeared at Aates stamp pages 33234, immediately before the appearance, at pages 3.239 of
    the 34A3BA3B Notice of 0ormal 8earing= Designation of ?itnesses and *ummary of (vidence Ay the
    *BN4s Ging, Chere the Aates stamping in that +$< and order of pleadings on file is chronologically
    arranged from earliest (Aeginning Cith the &!#3!"# Complaint' to most recent (ending, in contrast to
    the #!"3!"3 +$<, on page "%9& Cith a Certificate of *ervice By 9ailing Ay ;eters of only -ol "N#
    of the +$< (ie, missing the 0ormal 8earing /ranscript and 8earing (1hiAits')
    $Aviously, the *BN finally figured out that it loo5s suspicious to suddenly depart from the
    placement of the "%!9!"# <$6; as appearing in the ""!&!"# 3,#%% page Aates stampe production as
    the last entry most recent filing in the chronologically arranged Q0ormal 8earing ;leadingsY folder
    and the immediately preceeding entry Aeing Aates stamped %#797 Aeing the ;anel Chair (cheverria4s
    "%!3"!"# $rder)) /hat is, the "%!9!"# <$6; appeared at Aates stamp page %#79., and the "%!"#!"#
    Notice of 0ormal 8earing= Do?*o( appeared at %#7", Cith a multitude of filings in AetCeen,
    including Coughlin4s "%!".!"# 9otion to Dismiss at %#9"", Chich the *BN had yet to put a file
    stamp on at that point (Chere Qthe file Cas sent to the printers on ""!"!"#Y according to ;eters and
    Ging4s email of ""!"!"# informing Coughlin that he Could not Ae permitted his rights to inspect the
    file Qup to Cithin 3 days of the hearingY as re3uired Ay *C+ "%.(#'(c') 7n the "#!#4!"# +$<,
    hoCever, that "%!".!"# 9otion to Dismiss is finally file stamped, appearing at Aates stamp page 4%)
    Couglin4s "%!".!"# 9otion for $rder /o *hoC Cause in %#%4 remains Cithout a file stamp in Aoth
    version so fthe +$<, despite it Aeing ruled on in the "%!3"!"# $rder Ay Chair (chverriaF Ging4s
    failure to oppose Coughlin4s argument that the &!#3!"# Complaint should Ae dismissed along lines
    similar to those Couglin4s Crongful termination Complaint against ?6* Cas dismissed under a
    - 215-
    1
    2
    N+C; "#(A'(3'2(.' line of argument given hoC Alurry and illegiAle the Complaint and (1hiAits
    thereto actually are (versus in %3%# and %3"7 (a case featuring Budge (lliott failing to dis3ualify
    himself or disclose he ;residency on the opposing side, C<<?4s (1cecutive Board, then going on to
    sanction Coughlin under N+* 7)%&. and or "&)%"%(#'(A' despite a "#(A'(.' dismissal necessarily
    meaning the Court never got to the merits of the Complaint, no #" day safe harAor motion Aeing
    served, and no actual hearing ever Aeing held to satisfy the re3uirement for one in N+* "&)%"%(#'
    (A', oh, and Budge (lliot managed to get all of Couglhin4s criminal appeals (._' Chere the actual
    process Couglin had served the defendnats Cas e1ponentially more legiAle than the Qfiddle Cith the
    scanner dpi settings and other contrast, oAfuscation settings in <croAat or other scanning
    applicationY approach ta5en Ay @onsalves, @arin, et al))))(it really is remar5aAle hoC scandalous the
    approach Cas there Chen vieCing the actual 9 page per page printed on a "#%% dpi laser printer
    version of the attached (1hiAit in those cases compared to the completely illegiAle and Alurry
    doctored versions attached as (1hiAits to the various 9otions to Dismiss)))an approach aAsolutely
    implemented Ay the *BN in fraudulently ma5ing as many of Couglin4s filings in the representations
    thereof in the +$<4s in #337 Ae similarly doctored up to Ae so Alurry as to lac5 an utility
    Chatsoever')
    *pecifically, the "%!9!"# <ffidavit of 6aura ;eters (a very material document that goes to
    Chether the *BN Cler5 of Court!$BC!NNDB!;anel provided Coughlin an indication that he Cas
    permitted to suAmit filings via fa1 (considering NNDB Chairman *usich4s 7!#7!"# Critten
    instruction to Coughlin (see AeloC' and Ging4s numerous instances of directing Coughlin to
    communicate Cith *BN QCler5 of CourtY 6aura ;eters (including an instruction to Coughlin Ay Ging
    to do so made during the 3!#!"# appearance Ay Coughlin at the *BN DouAle + $ffice Chere
    Coughlin presented to ta5e Ging up on his offer to alloC Coughlin to revieC the grievances and
    materials suAmitted in connection thereCith)))at Chich time Ging refused to alloC Coughlin to
    revieC any such materials and only Ariefly alloCed Coughlin to read the tCo page #!"4!"# Critten
    grievance letter to the *BN regarding Coughlin Ay +9C Budge Nash 8olmes) <t that time, Ging
    indicated that Coughlin should have that #!"4!"# Nash 8olmes letter, to Chich Coughlin protested
    that he had not received any such letter (to Ae e1pected considering the Cell documented proAlems
    Coughlin Cas e1periencing during that period of time in accessing mail addressed to him at the "4##
    () 9
    th
    *t) ]# address') ;eters e1press indications to Coughlin on 9!""!"# Cere e1pression of the
    policies and procedures in play in light of *C+ "%.(4' and *usich and Ging4s representations to
    Coughlin (comAined Cith ;eters oCn e1press representations that she Cas the Q*BN Cler5 of CourtY
    and entitled to ma5e the calls on matters such as Chen and under Chat circumstances a Default
    Could Ae ta5en (she indicated several things in this respect to Coughlin') /o Chatever e1tent ;eters
    9!""!"# e1press indications to Coughlin that she Could file stamp in an filings he fa1ed to the *BN
    are considered to not Ae e1pressions of the rules and policies in play under *C+ "%.(4', Coughlin
    entitled to rely upon such indications, and reasonaAly did so, considering the totality of the
    circumstances) (specially Cith respect to the "#!"4!"# 0$0C$64s e1press recommendation that Qas
    a matter of default the alleged violation may Ae deemed admitted)))Y Cith respect to numerous
    alleged violations of +ules of ;rofessional Conduct, even those for Chich the 0$0C$6 found the
    *BN put on no evidence Chatsoever or or those
    *o, the "%!9!"# <ffidavit of 6aura ;eters Aecomes a very important QfilingY) *uch QfilingY (it
    is file stamped "%!9!"#, and notariIed no less, Cith a date of "%!9!"#' Cas never sent to Coughlin
    until it Cas included in the 3,#%% page Ao1 of documents provided on ""!&!"# as a consolation Ay the
    *BN for refusing to folloC *C+ "%.(#'(c') /hat "%!9!"# <ffidavit of 6aura ;eters appearaed Cithin
    the Aates stamped 3,#%% page document production Ay the *BN Cithin a section laAeled Q0ormal
    - 216-
    1
    2
    8earing ;leadingsY, and appeared numerically after Ging4s "%!#4!"# $pposition and before NNDB
    Chairman *usich4s "%!3%!"# $rder <ppointing 0ormal 8earing ;anel) /his indicates that either
    ;eters and the *BN Aac5 dated the file stamping on some Q<ffidavit of 6aura ;etersY to indicate it
    Cas filed in on "%!9!"#, or, that ;eters and or the *BN file stamped such an <ffidavit of 6aura ;eters
    on "%!9!"#, Aut did not place it in the Q0ormal ;leadings 0ileY at that time) +egardless, there is no
    indication that such "%!9!"# <ffidavit of 6aura ;eters Cas ever mailed to Coughlin, as there e1ists no
    dedicated Certificate of *ervice for it, nor is said "%!9!"# <$6; identified in any 7nde1 to (1hiAits
    or otherCise referenced in any other filing Ay the *BN) /he fact that that "%!9!"# <$6; contains
    numerous easily disproven misstatements in more trouAling, particularly Chere such misstatements
    relate to Eust Chen and hoC the *BN and or ;eters had one of Coughlin4s 9otions to Dismiss
    suAmitted for filing) Coughlin had digitally verifiaAle proof confirming he suAmitted for filing to the
    *BN his initial 9otion to Dismiss the &!#3!"# file stamped Complaint on 9!"7!"# Ay Aoth fa1 and
    email)
    ;eters aAsolutely indicated to Couglin that he Cas permitted to file Ae fa1 in a 9!""!"#
    communication Cith Coughlin, and that she Could file stamp any filings that Coughlin suAmitted via
    fa1) Both ;eters and Ging have Aeen dancing around this fact) /his is especially clear Chere the
    "%!9!"# <$6; only
    Q*uAEect: +(: 9otion to Dismiss *BN v) Coughlin 0rom: 6aura ;eters (6aura;`nvAar)org' *ent:
    ?ed 9!#!"# "":.4 <9 /o: 4Zach Coughlin4 (Iachcoughlin`hotmail)com' 7 never said that you
    could file items via e2mail)))Y
    /he "%!9!"# <$6; reads:
    (88I<(;IT O8 L(+-( PETE-S
    C+STO<I(N O8 -ECO-<S
    6<:+< ;(/(+*, under penalty of perEury, Aeing first duly sCorn, deposes and says as
    folloCs:
    /hat <ffiant is employed as a paralegal for the discipline department of the *tate Bar of
    Nevada and in such capacity is the custodian of records for the State *ar of Ne)ada=
    /hat on *eptemAer "", #%"#, at appro1imately 4:4. p)m), Zachary Coughlin called <ffiant to
    confirm that a hearing Cas still scheduled to ta5e place on *eptemAer #., #%"#) <ffiant e1plained
    that the hearing Could not ta5e place on *eptemAer #.th and that date had Aeen scheduled prior to
    the filing of a formal Complaint)
    9r) Coughlin reacted as if he had no "no!edge of a Compaint) <ffiant then
    e1plained that, in fact, a copy of the Complaint, sent via certified mail on <ugust #3,#%"#, from the
    +eno office of the *tate Bar, had Aeen returned and mar5ed DunclaimedD)
    <ffiant further e1plained that since service had not Aeen affected, a neC certified copy Could
    go out the ne1t day) <ffiant re3uested that Chen 9r) Coughlin received said copy, he should return
    the postcard attached to the mailing and his tCenty (#%' day period in Chich to ansCer the
    Complaint Could start running at that point)
    Co!e)er, in spea5ing to <ssistant Bar Counsel ;atric5 Ging, it Cas determined that personal
    service should Ae affected upon 9r) Coughlin) +eno Carson messenger service Cas engaged to
    attempt personal service despite 9r) Coughlin not providing the *tate Bar Cith a physical address)
    $n *eptemAer #., #%"#, 9r) Coughlin arrived at the +eno office of the *tate Bar allegedly
    e1pecting a hearing to ta5e place) <t that time, 9r) Coughlin Cas again told, Aoth Ay <ffiant and
    - 217-
    1
    2
    <ssistant Bar Counsel ;atric5 Ging, that no hearing Could Ae ta5ing place that day and that an
    ansCer to the *tate Bar4s Complaint had not Aeen received)
    <ffiant personally served 9r) Coughlin Cith a copy of the Complaint on his visit to the Bar
    office on *eptemAer #.th as Citnessed Ay ;aula CampAell, an employee of the *tate Bar) 9r)
    Coughlin insisted that the hearing Chich had Aeen previously scheduled for that day should Ae
    ta5ing place Aecause he needed to Ae removed from temporary suspension)
    9r) Coughlin has also Aeen instructed Ay <ssistant Bar Counsel ;atric5 Ging that he cannot
    file pleadings Cith the *tate Bar via e2mail, Chich he continues to attempt) /he 9otion to Dismiss,
    Chich 9r) Coughlin noC insists should Ae granted as it has gone unopposed Ay the *tate Bar, Cas
    never presented to <ffiant for filing Aut Cas rather emailed prior to <ffiant4s conversation Cith 9r)
    Coughlin on *eptemAer ""th Chen 9r) Coughlin under no uncertain terms told <ffiant that he had
    not yet received the Complaint)
    0:+/8(+ >$:+ <007<N/ *<>(/8 N$/)
    Dated this 9th day of $ctoAer, #%"#: 6aura ;eters, ;aralegal, $ffice of Bar
    CounselY (notariIed as Q*:B*C+7B(D <ND *?$+N /$ B(0$+( 9( /87* 9/8
    D<> $0 $C/$B(+, #%"#Y Ay Notary ;uAlic <ngeline <) +adley and affi1ed Cith
    her Notary *eal')
    7n consideration of the representations and indications made to Coughlin Ay NNDB
    Chairman *usich (especially his 7!#7!"# email to Coughlin and his assistant *herri 8ornsAey4s
    indications to Coughlin', <sst) Bar Counsel Ging, and Q*BN Cler5 of CourtY 6aura ;eters (a title
    that Aoth ;eters and Ging had referred to ;eters as Aeing AestoCed Cith on numerous occasions,
    including Ay ;eters during a 9!""!"# telephone conversation Cith Coughlin and Ay Ging on 9!#.!"#
    in person, upon Coughlin appearing at the *BN4s DouAle + $ffice on 9!#.!"# at 9 am for the hearing
    ;eters had confirmed in Criting to Coughlin and to Chich *usich4s 7!#7!"# email to Couglin
    indicated the *BN Cas in charge of scheduling)
    Ging curiously failed to offer into evidence that 3!"!"# letter Ay Ging to Coughlin (to Chich
    Cas attached, as indicated Ay a 3!"9!"# email to Coughlin from *BN Cler5 of Court 6aura ;eters,
    Chich Coughlin only found in his Eun5 email folder after Ging indicated during the 3!#!"#
    interaction Cith Coughlin at the *BN DouAle + $ffice Cas provided to Coughlin Ay email as
    Cell)))leading to an e1change AetCeen Ging and Coughlin Cherein Ging admitted that he did not
    email Coughlin a copy of the 3!"!"# mailing (despite his 3!"!"# letter indicating he Cas so
    copying Couglin on via email, Aut, strangely, not fa1', Aut, rather, Ging indicated he had 6aura
    ;eters email Couglin a copy of that mailing) During the 3!#!"# in person interaction Cith Ging
    Coughlin Cas surprised to hear that the *BN had sent Coughlin anything relating to any grievances
    other than the #!"4!"# mailing to Coughlin Ay Ging (Chich included Ging4s one page letter to
    Coughlin and 8ill4s five page "!"4!"# grievance against Coughlin', Chich Coughlin only recieved on
    3!"!"# due to no fault of Coughlin4s oCn, Aut rather, to malfeasance Ay Coughlin4s housemates, and
    perhaps, the :*;*, and or the :*;*4s response to the malfeasance of Coughlin4s housemates, as
    confirmed Ay the yelloC stic5ers affi1ed to envelopes mailed to Couglhin (such as those Ay the *BN
    on #!"4!"# and 3!"!"# and numerous mailings Ay the +9C to Couglhin AetCeen 0eAruary2<pril
    - 218-
    1
    2
    #%"#') Coughlin Cas further surprised to hear from Ging that the *BN had copied Couglhin on a
    3!"!"# mailing to Coughlin of an additional grievance by a Fudge Ay also sending it to Coughlin via
    email) Coughlin 3uerried Ging as to Chat email account such an email Could have emanated from)
    Ging, lac5ing an understanding that emails are sent from accounts rather than Qfrom the *tate Bar4s
    CeAsiteY, ultimately indicated to Coughlin that he delegated the copying to Couglin Ay email of the
    3!"!"# mailing to 6aura ;eters) 0rom that Coughlin deduced such an email Cas li5ely sent from
    ;eter4s email account, and, sure enough, in Coughlin4s Eun5 mail folder, chec5ed suAse3uent to the
    3!#!"# in person interaction Cith Ging, Cas a 3!"9!"# email to Coughlin containing a "7 page pdf
    (Ging4s one page 3!"!"# letter, 8olme4s tCo page 3!"4!"# letter, and 6) @ardner4s "4 page $</ of
    4!"3!%9')
    /hat 3!"!"# mailing to Coughlin Ay the *BN included a one page letter to Coughlin from
    Ging of 3!"!"#, to Chich Cas attached Budge Nash 8olmes 3!"4!"# tCo page grievance against
    Coughlin, and the 4!"3!%9 $rder <fter /rial Ay Budge 6inda @ardner from %""&) 7n that mailing,
    the Budge Nash 8olmes letter is stamped Ay the *BN as received on 3!"4!"#, and, curiously, the
    4!"3!%9 $rder <fter /rial Ay Budge 6) @ardner is stamped as received Ay the *BN on 3!".!"#, Cith
    the Q.Y in the Q".Y Aeing draCn in Ay hand)))Chich is even more curious given Ging4s repeated
    oAstructionist and evasive, even misleading, attempts to avoid admitting that Budge Nash 8olmes
    and the +9C included that 4!"3!%9 Budge 6) @ardner $rder <fter /rial in the materials suAmitted on
    3!"4!"# along Cith 8olmes4 3!"4!"# letter to the *BN')
    8olmes admitted to so including in the $</ in her 3!"4!"# suAmission to the *BN during the
    formal hearing on ""!"4!"#) $n the certified audio transcript of a 4!"%!"# trial date in the criminal
    trespass trial against Coughlin stemming from 8ill4s fraudulent ""!"3!"# criminal Complaint, 6)
    @ardner4s brother, Budge Nash 8olmes4 felloC +9C Budge, +9C <dministrative Budge ?illiam
    @ardner, admitted to having received that 4!"3!%9 $rder <fter /rial Ay his sister, from his sister, and
    then having passed that $rder <fter /rial received from his sister around to his felloC +9C Budges,
    though the timing of ?) @ardner4s receipt of the 4!"3!%9 $</ from his sister Cas something ?)
    @ardner offered particularly strange and evasive commentary to on that 4!"%!"# audio transcript, as
    Cas also the case Cith respect to the time of his passing on that 4!"3!%9 $</ to his felloC +9C
    Budges' at the ""!"4!"# hearing, unli5e his #!"4!"# letter to Coughlin (for Chich Ging failed to
    included the . page "!"4!"# Critten emailed grievance against Coughlin Ay 8ill, Cherein 8ill
    purports to Ae satisfying his and Qhis associates +;C &)3 dutyY in accusing Couglin of ghostCriting
    for Bohn @essin, Chom 8ill Cas still listed as <ttorney of +ecord for in at least one matter at the
    time, despite 8ill disparaging @essin and Aetraying attorney2client confidences, apparently, Cith
    respect to @essin, in his "!"4!"# grievance against Coughlin, more on that later')
    :SuAEect: +(: referral to Northern Nevada Disciplinary Board 0rom: /om
    *usich (tsusich`nvdetr)org' *ent: 0ri 7!#7!"# &:.& <9 /o: 4Zach Coughlin4
    (Iachcoughlin`hotmail)com' Cc: 4;atric5G`nvAar)org4 (;atric5G`nvAar)org'
    Dear 9) Coughlin: 7 am in receipt of your re3uest for a hearing Aefore the
    Northern Nevada Disciplinary Board) 7 have forCarded your re3uest to the
    Nevada *tate Bar4s Northern $ffice for processing) ;lease communicate
    directly Cith the *tate Bar concerning your case) /hey are the ones Cho Cill
    process your re3uest and set up any appropriate hearings) 7f you have 3uestions
    you can contact ;at Ging, the Northern Nevada Bar Counsel) *incerely, B)
    /homas *usich, (s3)Y
    - 219-
    1
    2
    <lso, consider:
    QZachCoughlin`hotmail)com
    0rom: ;atric5G`nvAar)org
    /o: Iachcoughlin`hotmail)com
    *uAEect: +(: does +ichard 8ill have standing to file a grievance
    Date: 0ri, #3 9ar #%"# "7:.7:# f%%%%
    Dear 9r) Coughlin,
    ;lease come to see me and 7 Cill shoC you the letter and documents from the
    Court)
    ;atric5 Ging
    0rom: Zach Coughlin Lmailto:Iachcoughlin`hotmail)comM
    *ent: 0riday, 9arch #3, #%"# "%:39 <9
    /o: ;atric5 Ging
    *uAEect: +(: does +ichard 8ill have standing to file a grievance
    9r) Ging,
    /his is the very first time you allege anyone other than 9r) Ging filed or
    alleged a grievance) ;lease provide any documentation or proof related
    to these apparent communications from Eudges that you are only noC
    Aringing up) *incerely, Zach Coughlin, (s3), PO *OK B4173, -ENO,
    N;, ?174B, tel: 77. 33& &""&, fa1: 949 7 74%#=
    ZachCoughlin`hotmail)com Nevada Bar No: 9473
    0rom: ;atric5G`nvAar)org
    /o: Iachcoughlin`hotmail)com
    *uAEect: +(: does +ichard 8ill have standing to file a grievance
    Date: 0ri, #3 9ar #%"# "7:"&:34 f%%%%
    Dear 9r) Coughlin,
    7 have repeatedly e1pressed my interest in having a
    meeting Cith you to discuss the grievances against you) >ou
    claim to Ae too Ausy to meet Cith me, yet you have time to Crite
    lengthy e2mails and apparently to do legal research)
    >ou as5ed if 9r) 8ill has standing to file a grievance
    against you) Not only does he have standing to file a grievance, as
    a laCyer in Nevada he may have an ethical oAligation to report to
    the *tate Bar) <s 7 have e1plained to you, the grievances against
    you came not only from 9r) 8ill Aut also from Budges from
    different Courts) /hese grievances, and the evidence attached
    Cith them, rather clearly puts into 3uestion your competence to
    practice laC) <s 7 have e1plained to you, 7 Cill ma5e the evidence
    - 220-
    1
    2
    and e1hiAits availaAle to you Chen you come to inspect them at
    my office) 7 Cill not send you reports or document, especially
    since you claim your mail is Aeing compromised)
    <s for the grievances you have made, nothing that you
    have suAmitted appears to shoC an ethical violation that could Ae
    proved Ay clear and convincing evidence, Chich is the standard of
    proof re3uired in disciplinary matters) <s such, at this time Ce
    have not opened any files Aased on the information you have
    suAmitted) *incerely, ;atric5 Ging
    0rom: Zach Coughlin
    Lmailto:Iachcoughlin`hotmail)comM
    *ent: 0riday, 9arch #3, #%"# 9:"# <9
    /o: ;atric5 Ging= cdAa5er`richardhillaC)com
    *uAEect: does +ichard 8ill have standing to file a
    grievance
    <merican Burisprudence /rials
    DataAase updated <pril #%""
    Defending 6aCyers in Disciplinary ;roceedings
    3" <m) Bur) /rials 33 ($riginally puAlished in
    "9&4')))Y
    /his has cost Coughlin and enormous amoutn of time, money, and energy already, and no
    Aond Cas put up
    $?& Co! much does it cost to fie for a protection order against harassment in the !or"paceG
    :nli5e other types of protection orders there is a filing fee to oAtain a protection order against
    harassment in the Cor5place) /he amount of the filing fee varies Ay Eurisdiction) 8oCever, in this
    court, the filing fee is H4)%%)
    7n addition, there is an additional O/44,44 (cash or e3uivalent' that must Ae posted as Qsecurity)Y
    :nder N-S 00,3E4, a temporary $rder for ;rotection <gainst 8arassment in the ?or5place cannot
    Ae issued unless the <pplicant posts this amount) /he purpose of this security is to compensate the
    <dverse ;arty for Qsuch costs and damages as may Ae incurred or sufferedY Ay the <dverse ;arty if
    that person is Qfound to have Aeen Crongfully enEoined or restrained)Y
    <n <dverse ;arty may file a 9otion to increase the amount of security if that person feels he may Ae
    suAEect to e1cessive damages) 8oCever, an <pplicant may not file a 9otion to decrease the amount
    to less than H"%%
    courthouse sanctuary rule and litigant attorney immunity from service in the courthouse Cere
    violated Ay the attempts to served coughlin the tpo and e1cessive force Ay the ?C*$ on "!.!"3
    vitiates any attempted service there)
    - 221-
    1
    2
    /he sAn failed to meet Eurisdicitonal prere3uisits (and the +BC' and such orders are void Chere none
    of the folloCing Cere met or done
    $1& (re there uni>ue rues for this type of protection order that do not appy
    to the other types of protection ordersG
    YES, *ome of these uni3ue rules are highlighted AeloC:
    (<' <n $rder for ;rotection <gainst 8arassment in the ?or5place cannot Ae issued against
    more than one person)
    (B' :nder N-S 00,3B4, if an employer has 5noCledge that a specific person is the target of
    harassment in the Cor5place and the employer intends to see5 a temporary or e1tended order
    for protection against such harassment, the employer must ma5e a good faith effort to notify
    the person Cho is the target of the harassment that the employer intends to see5 such an order)
    (C' :nder N-S 00,0/4, an employer or an authoriIed agent of an employer may register a
    temporary or e1tended $rder for ;rotection <gainst 8arassment in the ?or5place issued Ay
    the court of another state Ay presenting a certified copy of the order to the cler5 of the court in
    a Eudicial district in Chich the employer Aelieves that enforcement may Ae necessary) <
    temporary or e1tended $rder for ;rotection <gainst 8arassment in the ?or5place that is
    registered has the same effect and must Ae enforced as if it Cere issued in Nevada) 9oreover,
    the cler5 of the court Cill maintain a record of all orders that are registered)
    (D' /he court may aCard costs and reasona#e attorneyFs fees to the prevailing party in this
    type of case)
    ((' :nder N-S 00,004, any person Cho enforces an $rder for ;rotection <gainst 8arassment
    in the ?or5place Aased upon a reasonaAle Aelief that the order is valid is immune from civil
    and criminal liaAility for any action ta5en Aased upon that Aelief)
    (0' :nder N-S 00,004, any person Cho refuses to enforce an $rder for ;rotection <gainst
    8arassment in the ?or5place Aased upon a reasonaAle Aelief that the order is not valid is
    immune from civil and criminal liaAility for any action ta5en or not ta5en Aased upon that
    Aelief)
    (@' :nder N-S 00,054, an (mployer is immune from civil liaAility for:
    (a' *ee5ing a temporary or e1tended $rder for ;rotection <gainst 8arassment in the
    ?or5place, if the employer acts in good faith in see5ing the order= or
    (A' 0ailing to see5 a temporary or e1tended $rder for ;rotection <gainst 8arassment
    in the ?or5place)
    (8' :nder N-S 00,054, an action ta5en or a statement made Ay an employer pursuant to N+*
    33)#%% to 33)#%, inclusive (the statutes addressing $rders for ;rotection <gainst 8arassment
    in the ?or5place':
    (a' *hall not Ae deemed an admission Ay the employer of any fact= and
    (A' 9ay Ae used for the purposes of impeachment)
    (7' /he statutory provisions relating to $rders for ;rotection <gainst 8arassment in the
    ?or5place do not:
    (a' 9odify the duty of an employer to provide a safe Cor5place for the employees of
    the employer and other persons present at the Cor5place of the employer=
    (A' ;rohiAit a person from engaging in any constitutionally protected e1ercise of free
    speech, including, Cithout limitation, speech involving laAor disputes concerning
    organiIed laAor= or
    (c' ;rohiAit a person from engaging in any activity that is part of a laAor dispute)
    $/4& @hat is the procedure for fiing for a protection orderG
    - 222-
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    >ou must fill out tCo different types of documents and suAmit them to the court) <ll documents must
    Ae completed LE.I*LY) 7f you need additional pages Aecause you need more space to Crite, you
    may re3uest a CONTIN+(TION P(.E in order to continue Criting)
    /he first document to Ae completed is called an (PPLIC(TION, ;lease refer to the courtRs LINE%
    *Y%LINE INST-+CTION SCEET for detailed instructions in completing the (PPLIC(TION,
    <s you are filling out the (PPLIC(TION, you should 5eep the folloCing things in mind:
    ("' :nder N-S 344,7?/, harassment is deemed to have Aeen committed QChere the conduct
    occurredY or QChere the person Cho Cas affected Ay the conduct Cas located at the time that the
    conduct occurred)Y
    0or e1ample, if the <dverse ;arty causes physical damage to a Ausiness in this toCnship, or threatens
    employees in this toCnship, you may file here) 7f the <dverse ;arty is ma5ing threatening phone calls
    to your Ausiness or its employees, and you received those phone calls in this toCnship, you may file
    here)
    7f another court has Eurisdiction over your protection order filing, you Cill need to contact that court
    in order to apply for a protection order)
    (#' >ou need to Ae as specific as possiAle) 0or e1ample, it is important to include all relevant dates,
    locations, Citnesses, etc), so that the revieCing Eustice of the peace Cill have the most complete
    information to consider) 7t is also helpful to present your story in a chronological fashion so that the
    Eustice of the peace Cill understand a clear se3uence of events)
    .
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    (3' >ou may include any supporting documents that you have gathered, such as:
    ^ Documentation of phone calls Ay the <dverse ;arty
    ^ Notes!Critten threats left Ay the <dverse ;arty
    ^ ;ictures of property damage caused Ay the <dverse ;arty
    ^ <ny other Critten documents that help to suAstantiate your allegations)
    (4' <lthough you are not re3uired to file a police report prior to see5ing a protection order, if you
    have filed a police report, you may attach a copy of the police report along Cith your
    (PPLIC(TION, (dditionay, if there are other protection orders #et!een these parties, pease
    attach copies, if a)aia#e,
    (.' /o apply for a protection order, you must Ae at least /? years of age, 8oCever, the protection
    order may Ae issued against someone Cho is under "& years of age)
    (' /he (PPLIC(TION and any supporting documents that you provide are puAlic records and may
    Ae vieCed Ay any memAer of the puAlic, including the <dverse ;arty, e1cept as specified in these
    instructions)
    (7' /he (PPLIC(TION as5s you to list specific locations Chere you are see5ing protection) 7f you
    are afraid to divulge that information to the <dverse ;arty, you may indicate that such information is
    C$N07D(N/7<6 and should not appear on the protection order) 8oCever, please Ae advised that this
    may limit the aAility of laC enforcement to enforce your order effectively) 0or e1ample, if the court
    orders the <dverse ;arty to stay aCay from Qyour Ausiness,Y Cith no specific Ausiness addresses
    listed in the protection order, police may Ae reluctant to arrest the <dverse ;arty if that person shoCs
    up at a specific Ausiness location) (though this order of protection appies state!ide, you are
    strongy encouraged to ist the specific #usiness addresses !here protection !i most i"ey #e
    needed,
    (&' <s part of the (PPLIC(TION, you Cill Ae as5ed if you Could li5e the court to set a hearing date
    for an e1tended order) 7f you chec5 the yes Ao1, you Cill Ae as5ed to file a separate application for an
    e1tended order along Cith your application for the temporary order) 7f you chec5 the no Ao1, you may
    apply for an e1tended order later, Aut the e1tended order can only Ae re3uested Chile the temporary
    order is still in effect)
    0or either option, the temporary order Cill remain in effect until the hearing on the e1tended order is
    held)
    (9' >ou are signing the (PPLIC(TION under penaty of perEury, so you must rememAer that
    intentionally false or misleading statements may suAEect you to criminal penaties)
    /he second document to Ae completed is called a CON8I<ENTI(L IN8O-M(TION SCEET,
    /his document is not availaAle to the general puAlic or to the <dverse ;arty)
    0or several reasons, it is critical that you fill out this document as completely as possiAle:
    ("' /his document Cill provide information to the court so that the court can contact you and provide
    information aAout upcoming hearings or activities in your case)
    (#' /his information is needed Ay laC enforcement agencies for purposes of service) Protection
    orders must #e ser)ed pursuant to -ues of Ci)i Procedure,
    <fter you have completed the (PPLIC(TION and the CON8I<ENTI(L IN8O-M(TION
    SCEET, your paperCor5 Cill Ae assigned a case numAer, and the case Cill Ae assigned to a Eustice of
    the peace Cho Cill revieC your information)
    7f the Eustice of the peace denies your re3uest for a protection order, the Eustice of the peace Cill sign
    a Critten order denying your re3uest and e1plaining Chy the protection order is not Carranted)
    7f the Eustice of the peace grants your re3uest, a Critten protection order Cill Ae prepared, and the
    parties Cill each receive a free copy of the order) /he order Cill also Ae forCarded to the appropriate
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    laC enforcement agencies for service upon the <dverse ;arty) :nli5e other types of protection orders,
    there is a fee for having law enforcement agencies serve this type of protection order in Nevada-
    Neither Ging nor the *BN paid a fee to have either the /;$ or (;$ served, Chich only
    further underscores the conflict of interest in having the +;D, +BC, and *BN tag teaming on
    Coughlin here, as, some might say, the appearance thereof is created considering all the various
    interconnections AetCeen the three, Chich only gets more interconnected noC that the +C< and +9C
    has Aeen added to the mi1)
    ;lease note that if the <dverse ;arty resides outside this County or in another state, it Cill Ae
    your responsiAility to contact the proper laC enforcement agencies Chere the <dverse ;arty resides,
    in order to have the protection order served) :nder N+* 33)3%%, a laC enforcement agency must
    enforce an $rder for ;rotection <gainst 8arassment in the ?or5place Cithout regard to the county in
    Chich the order Cas issued)
    Not only did the *BN4s $BC fail to pay such service fee (vitiating further the legitimacy of
    any attempted service', Aut it failed to pay the Aond re3uired Cith such /;$ application from Chich
    Aoth the /;$ and (;$ spring)
    Q7f you are a party to a /;$ action, you, may not serve that /;$ yourself on the adverse
    party) 7nstead, the /;$ must Ae served Ay a deputy constaAle, deputy sheriff, or person Cho is not a
    party and Cho is over "& years of age)
    >ou may also use a private process server to serve the <dverse ;arty at your oCn e1pense) 7f you
    choose to do so, you must file Cith the court a document called a Q+eturn of *erviceY Chich shoCs
    that the <dverse ;arty Cas properly served)Y
    <nother attac5aAle aspect of the "!4!"3 (;$ is revealed in revieCing the "!4!"3
    Q*tal5ing!harassmentY $rder Ay Budge ;earson in +C;#%"#2%%%7, Chich is a one page $rder,
    signed Ay Budge ;earson and file stamped "!4!"3, Chich reads: Q<pplicant represented Ay counsel
    ;atric5 $Cen Ging, (s3) <dverse ;arty did not appear) (1tended $rder granted to e1pire on
    B<N:<+> 4, #%"4 at "":.9 ;)9)Y
    /he titling of such $rder of as Q*tal5ing!harassmentY underscores the lac5 of attention to
    detail the +BC mirrors Cith respect to that demonstrated Ay Ging and the *BN in its /;$ <pplication
    (and concomitant failure to pay into the +BC even the minimum security re3uired of H"%%)%%', the
    purported QnoticingY Ay email to Couglin Ging references in his "#!#%!"# /;$ <pplication consisting
    on an emailed pdf version of Ging4s application at 3:3% pm (Chere the /;$ Cas issued at &:4% a)m
    the folloCing morning' Chich fails to chec5 the Ao1 indicated for Chether or not the party is see5ing
    an e1tension hearing and (;$, Chereas, apparently, the version of the /;$ <pplication the *BN
    actually filed did chec5 such Ao1)))unless such Ao1 Cas chec5ed later)))perhaps Ay someone elseF No
    QChited2outY interlinateation aAove a line struc5 through some interlineation a la the 3!!"3 *ummons
    in +9C "3 C+ 39"3, and 39"4, Aut still)))then the suAse3uent failure to actually file an (;$
    <pplication, failure to pay to have either the /;$ or (;$ served, etc), etc)
    7n titling the "!4!"3 :Sta"ing2harassment= $rder thusly, Budge ;earson may have
    contriAuted to the Qmista5enY listing of N+* #%%).9" Ay +;D Detective >turAide (to Chatever e1tent
    his so Crongfully charging and overcharging Couglin Cas not Cillful retaliatory misconduct, and it
    does not seem such one page "!4!"3 Q*tal5ing!harassmentY $rder Cas ever provided to +;D
    >truAide' in his #!&!"3 <rrest +eport Cherein he charged Couglin Cith a gross misdemeanor /;$
    violation Cith a H#,.%% Aail, and a felony (;$ violation Cith a H#,.%% Aail (the disorienting effect of
    Couglin4s Aeing arrested Crongfully, after 7 pm, in his oCn home, Ay the +BC4s D<*, in violation of
    N+* "7")"3 (the +BC suAse3uently sought to, some might say, oAviate the proAlem of such a
    Carrantless arrest having an Qarrest timeY on the 7nmate Boo5ing 7nformation *heet listed at Q7:%#
    - 225-
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    pmY Ay suddenly issuing a Carrant on #!4!"3 (a Carrant Chich Budge *ferraIIa had issued on "!9!"3,
    despite the fact that Budge ;earson had apparently ta5en over that case +C+""2%334" Ay that point,
    or)))mayAe not)))mayAe that issuing of a Carrant Ay Budge *ferraIIa (in comAination Cith some
    assertions in his filings Ay Coughlin related to an apparent former triAal court Aailiff of Budge
    *ferraIIa4s Chom Cas at one time a client of Coughlin4s, ;eter (astman, informing Coughlin on
    appro1imately ""!&!"# that he had Aeen told QAy friends in the courthouse ((astman is a former
    ?C*$ Deputy as Cell' that QBudge *ferraIIaY and the +BC in general Qhave it out for (Coughlin'Y)
    ?ho 5noCs Chether that is true or not and Budge *ferraIIa certainly deserves the Aenefit of the
    douAt, Aut even the appearance of Aias created thereAy appears to have resulted in Budge ;earson for
    that, or some other reason, perhaps, ta5ing over the matter of %334" (on appeal in C+"#2#%#.' from
    Budge *ferraIIa)))Chether that Cas done Aefore or after the issuance of a Carrant on "!9!"3 in %334"
    for Coughlin4s arrest Aased upon some alleged Q0/CY failure to comply Cith the terms of his
    proAation is not yet clear, Aut the doc5et in that matter contains an entry (and doc5et entries in Bustice
    Court case are statutorily declared to Ae Qprima facieY evidence of facts pursuant to N+* 4)#4%)
    QN+*Z4)#4%ZZEntries in doc"et prima facie e)idence of facts)ZZ/he several particulars of
    N+* 4)#3% specified must Ae entered under the title of the action to Chich they relate, and (unless
    otherCise in this chapter provided' at the time Chen they occur) *uch entries in a EusticeRs doc5et, or
    a transcript thereof, certified Ay the Eustice, or the EusticeRs successor in office, are prima facie
    evidence of the facts so stated)Y
    0urther, as to the ordered rendered Ay Budge *ferraIIa on "%!#.!"", Cherein he again utiliIed
    the term QEudgmentY despite having previously recharacteriIed his ruling of "%!"3!"" sufficient to
    ma5e the "%!#.!"" court date Qnot a trial, Aut a continuation of the summary eviction proceeding of
    "%!"3!""Y, BC++/ # ma5es inapplicaAle BC++/ "7, though Couglin should have Aeen afforded the
    Qfive days after serviceY to revieC and comment on the Qpropsed documentY) $n "%!#.!"" Budge
    *ferraIIa stated to Ba5er: Qyou can prepare a findings of fact, conclusions of laC, and Eudgment, if
    you Cish)))Y further evincing the e1tent to Chich the distinctions AetCeen a summary proceeding and
    plenary trial Cere not maintained, to much preEudice to Couglin and damage to his affairs)
    BC++/ +uleZ"7)ZZY;reparation of findings, conclusions, and Eudgment)ZZ7n a civil case,
    Chere a Eudge directs an attorney to prepare findings of fact, conclusions of laC, and Eudgment, the
    attorney shall serve a copy of the proposed document upon counsel for all parties Cho have appeared,
    or upon the party if a party has appeared in proper person at the trial and are affected Ay the
    Eudgment) 0ive days after service counsel shall suAmit the same to the court for signature together
    Cith proof of such service)Y

    <s to 9arshals 8arley and Coppa and Bailiffs +eyes, (nglish serving process:
    BC++/ +uleZ&)ZZYDuties of Aailiff, sheriff)ZZDuring the time the court remains in session,
    the Aailiff, if there is one, or the sheriff or his deputy in attendance pursuant to laC if there is no
    Aailiff, shall: )))(f'Z;erform such other duties as are re3uired Ay the Eustice of the peace)Y
    +BC Bailiff4s 9edina and +eyes, 8eiAert) and +amsey in sua sponte amending the "#!#%!"#
    <dministrative $rder and thereAy refusing to accept from Coughlin documents he presents for filing
    more than once a day (even, say, on a day Chere the deadline under N+* "&9)%"% or N+* "7.).".
    runs, even Chere no prior notice of such amendedment Ay Bailiff to a Budges order Cas provided
    Coughlin' are li5ely in violation N+* 4)3.3(c'ZYPerform other such duties as may #e re>uired of
    the deputy marsha #y the 6ustice of the peace of the court)))Y Chere the "#!#%!"# <dministrative
    $rder reads:
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    Q a) 7f Z<C8<+> B<+G(+ C$:@867N Cishes to file a document Cith the +eno Bustice Court or
    attend a hearing in the +eno Bustice Court he must notify the security personnel at the main security
    entrance located at the east entrance of $ne *outh *ierra *treet and Cait for a Aailiff of the +eno
    Eustice Court to respond to his location)
    A) 7f Z<C8<+> B<+G(+ C$:@867N Cishes to ma5e a re3uest of the +eno Bustice Court
    for copies, transcripts, access to a court file or to as5 a 3uestion he shall do so in Criting and either
    mail the re3uest to the +eno Bustice Court or deliver the Critten re3uest to a Aailiff of the +eno
    Bustice Court Ay first contacting the Aailiff through court security as detailed aAove) /he Aailiff Cill
    then file the document for 9r) Coughlin and provide him a file stamped copy in return)Y
    /here is nothing in that order alloCing Bailiff4s 9edina and +eyes to refuse to accept
    documents Couglin presents for filing at say, 4 pm, Aecause Couglin presented something earlier in
    the day at, say, 9 am) +egardless, the entirety of Budge *ferraIIa4s "#!#%!"# <dministrative $rder
    #%"#2%" is of an disturAingly duAious nature)
    QN-SJ5,070ZZ<eputy marshaD (ppointmentL dutiesL >uaificationsL compensation,)))
    3)ZZ(ach deputy marshal shall:)))(c'ZPerform other such duties as may #e re>uired of the
    deputy marsha #y the 6ustice of the peace of the court)))
    7)ZZ/he provisions of this section do not authoriEe the deputy marshal to serve any civil or
    criminal process, e;cept such orders of the court which are specially directed by the court or the
    presiding justice of the peace thereof to the deputy marshal for service)Y
    Budge *ferraIIa4s $rder of ""!#&!"# in DCase No): (LL C(SES Dept) No): (LL <EP(-TMENTSD
    reads:
    D$+D(+ ;ursuant to Bustice Court +ules of Civil ;rocedure +ule &4(A'("' as Chief Bustice of
    the +eno Bustice Court 7 am responsiAle for the administration of court rules and regulations)
    ;ursuant to +ule &4(A'(.', the Chief Budge oversees all administrative and clerical Cor5 and
    functions of the court)
    ;ursuant to +ule .(e' of the Bustice Court +ules of Civil ;rocedure, a court may Ay local rule
    permit papers to Ae filed, signed or verified Ay electronic means that are consistent Cith technical
    standards, if any, that the Budicial Conference of the :nited *tates estaAlishes) Currently, Reno
    )ustice Court has not adopted a rule permitting papers to be filed electronically)
    Bustice Court +ules of +eno /oCnship +ule "%(f' provides that the cler5 must not accept for
    filing any pleading or documents Chich do not comply Cith this rule, Aut for good cause shoCn, the
    Court may permit the filing of noncomplying pleadings and documents) 8enceforth,
    7/ 7* 8(+(B> $+D(+(D that the Defendant, Zachary Coughlin, sha not #e permitted to
    fie any further documents in any and a departments of -eno 9ustice Court #y eectronic
    means incuding, #ut not imited to, fa' or emai, In the e)ent he )ioates this Order, he !i #e
    in contempt of court and su#6ect to t!enty%fi)e $37& days imprisonment for each )ioation,D
    0urther, as to Budge *ferraIIa finding authority for ma5ign his ""!#&!"# $rder in NBC+C;,
    +ules " and # therein may 3uite clear that (similar to BC++/ +ule #' NBC+C; +ule .(e' does not
    apply to criminal case in the +BC, and does not apply to Qsummary evictionsY)
    NBC+C; +:6(Z")ZZ*C$;( <ND <;;67C</7$N $0 +:6(*: Q/hese rules govern the
    procedure in the Eustice courts in all suits of a civil nature, Cith the e1ceptions stated in +ule &")Y
    NBC+C; +:6(Z#)ZZ/8+(( 0$+9* $0 <C/7$N: Q/here shall Ae three forms of action
    in Eustice courts to Ae 5noCn as Qcivil actions,Y Qsmall claims actionsY and Qsummary eviction
    actions)Y +ules 3 through &7 govern civil actions) +ules governing small claims actions Aegin Cith
    +ule && and end Cith +ule "%%) +ules governing summary evictions commence Cith +ule "%")
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    9C--T -ueJ/4,JJ8orm of peadings,,,, :$f&JThe cer" must not accept for fiing any
    peading or documents that do not compy !ith this rue, #ut for good cause sho!n, the court
    may permit the fiing of noncompying peadings and documents, Paragraph $/&, e'cept as to
    the siRe of paper, and paragraph $0& of this rue do not appy to printed forms furnished #y the
    cer", district attorney, or pu#ic defender,=
    <espite it patent inappica#iity to :andord tenant matters= as indicated in BC++/ +ule
    #, Budge *ferraIIa continually applied, in the summary eviction case in "7%& the folloCing rule to
    Coughlin4s various 9otions to <lter, <mend, *tay, etc): 9C--T -ueJ//,JJMotionsD Procedure for
    ma"ing motionsL affida)itsL rene!a, rehearing of motions,,,,=$g&JNo motion once heard and
    disposed of shall Ae reneCed in the same cause, nor shall the same matters therein emAraced Ae
    reheard, unless Ay leave of the court)=
    So, Budge *ferraIIa manages to Aase his ""!#&!"# $rder entirely upon rules that are
    inapplicaAle to <66 of the case Couglin has ever had in the +BC) Coughlin has never once Aeen a
    party to a Qcivil actionY in the +BC) +egardless, clearly, the +BC accepts filings Ay facsimile from
    some parties and their attorneys, Chereas it does not from others)))/his Cas the case throughout
    *eptemAer #%"" until Couglin caught on to the fact that, despite +BC Cler5 Christine (ric5son and
    others indicating that filing Ay fa1 Cas not permitted, +ichard @) 8ill4s associate, Casey D) Ba5er,
    Cas aAle to file some things Ay fa1, including his "%!"9!"" +e3uest for an $rder *hortening /ime,
    etc), etc) :pon discovering this, Coughlin confronted (ric5son aAout her previous apparently
    incorrect assertions to him vis a vis fa1 filing and (ric5son said Qno commentY) *imilarly, in the
    criminal division, Chief Criminal 0iling $fficer Cler5 +oAAin Ba5er continually maintained to
    Coughlin that filing Ay fa1 Cas not permitted, until she changed her tune in mid20eAruary #%"#,
    Chereupon Coughlin4s filings in criminal cases in the +BC Cere accepted for filing, Cith Ba5er
    indicating Qa fa1 is an originalY under the approach ta5en Ay the +BC)
    9C--T -ueJ/4,=(a'Z<ll pleadings and papers presented for filing must Ae flat, unfolded, firmly
    Aound together at the top, on Chite paper of standard 3uality, not less than "2lA) Ceight and & "!# Ay
    "" inches in siIe) <ll papers shall Ae typeCritten or prepared Ay some other process that Cill produce
    clear and permanent copies e3ually legiAle to printing) /he print siIe shall not Ae more than "#
    points) CarAon or photocopies may not Ae filed) $nly one side of the paper may Ae used)))))Y
    /here is, or should Ae, a pretty Aig difference AetCeen Aeing a politician (or, for that matter, a
    memAer of the e1ecutive Aranch' and Aeing a memAer of the Eudicial Aranch) ?hereas those in the
    e1ecutive Aranch are permitted to utiliIe influence, Aargaining, and leverage to further their oAEecties,
    those in the Eudicial Aranch must dispense Eustice Aased on laC and fact alone in a neutral manner
    devoid of Aias or agenda)
    Budge *ferraIIa continually aAuses his contempt poCer)))Cell, actually, he more threatens to
    aAuse it (Chich is still arguaAly aAusing it' versus actually folloCing through and aAusing in the Cay
    Budge 8olmes did on on #!#7!"# in summarily incarcerating then practicing attorney Cith client4s
    Couglin for five days Chile denying any stay Chatsoever (Chich is Chat Budge 8oCard did on
    ""!3%!"", although, ordering a mere 3 days incarceration')
    /he Bustice Court +ules of +eno /oCnship do not apply to QcriminalY case or to Qlandlord
    tenantY matters, yet in his ""!#&!"# $rder in Q<66 C<*(*Y and in Q<66 D(;<+/9(N/*Y then
    Chief Budge *ferraIIa ordered Eust that) Couglin has and hereAy again communicates on Qopen
    refusalY pursuant to +;C 3)4(c' as to the illegality of Budge *ferraIIa4s ""!#&!"# $rder (the
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    2
    enforcement of Chich Ay criminal division cler5s +oAAin Ba5er and Cathy ?ood has materially
    preEudiced Coughlin4s defense in various criminal prosecutions, including ""2%334" and "#2
    %.3%')
    +;C +uleZ3)4)ZZ0airness to $pposing ;arty and Counsel)ZZ< laCyer shall not: )))Y (c'Z
    GnoCingly disoAey an oAligation under the rules of a triAunal e1cept for an open refusal Aased on an
    assertion that no valid oAligation e1istsY
    BC++/ Q+uleZ#)ZZ<pplication of rules)ZZ(1cept as otherCise provided Ay statute, these
    rues appy to a civil proceedings filed in +eno /oCnship e1cept small claims and andord
    tenant matters)Y
    0urther, it is completely untrue or erroneous for the +BC Doc5et in +C+"32%7"437 to purport
    that a Qcriminal complaintY Cas filed therein on "#!#%!"# in the form of the <dministrative $rder of
    "#!#%!"#, and further, at the $*C 8earing on 3!.!"3, Couglin did not consent to Bruce 6insday doing
    anything more than appearing as co2counsel, suAEect to Coughlin having final say in +C+""2%334"
    as to the allegation of Couglin having violated his proAation incident to the Carrantless after 7pm
    N+* "7")"3 violating arrest Ay the Department of <lternative *entencing on #!"!"3)))it seems
    6indsay Cins Aecause he gets another chec5 from the BoA Bell group, and the +BC Cins Aecause it
    gets to claim Couglin Cas given his day in court as to the #!#.!"3 $rder /o *hoC Cause that alleged
    Coughlin had violated the "#!#%!"# <dministrative $rder some five times)))its really appalling, first
    to enter that <dministrative $rder, as lac5ing in Eurisdiction or anything in the Cay of actual
    precedent to support Chat it purports to order, Aut to then see5 to leverage every alleged QviolationY
    no matter hoC de minimis, all Cithout complying Cith N+* ##)%3%(#' affiedavit re3uirement as to
    the alleged QdistruAancesY Coughlin caused in the +BC filing office (there4s cameras everyChere,
    so)))if there is something so dramatic, it should Ae produced)))') *o, it is really inappropriate for
    Bruce 6indsay to Ae getting multiple chec5s from the BoA Bell @roup incident to the ?C;D and
    <;D Aeing conflicted out of representing Couglin Ay virtue of 6eslie4s /;$!(;$ Chere the same
    suAEect matter! QcaseY! Q<dministrative $rderY is Aeing reAranded Cith a different case numAer three
    and four times, particularly Chere 6indsay shoCed up tCenty minutes late on 3!""!"3 (something
    Budge Clifton gave Coughlin five days in Eail for on #!"3!"# incident to Coughlin Aeing less than an
    hour late to court on #!"#!"#, Chich Cas the result of the disorienting effect of attempting to prepare
    and file the +$< and Brief in #337 Chilst Aeing Crongfully arrest on #!"!"3 Ay D<*, incarcerated
    until " am on #!.!"3 (re3uiring H.%% Aail that still has not Aeen returned Ay the +BC', then arreste
    again on #!&!"3 Ay the +;D and overcharged Ay Detective >turAide (citing to the Crong statute, N+*
    #%%).9", rather than N+* 33)3.%, resulting in Couglin Aeing suAEect to a H.,%%% Aail', Couglin
    Aailing out at # am on #!9!"3, Cith the comAined effect of those arrest and the concomitant forced
    immediate no titration cessation of tCo psychoactive medications (?ellAutrin and <dderall)))unless
    one Cant to comply Cith the ?ashoe County Bail4s insistence on dosing ?ellAutrin at Aedtime)))Chere
    such medication is 5noCn for causing sleeplessness and as such Could necessarily disturA one4s
    circadian rhythmns)))' and somehoC, Chereas 6indsay gets a pass for Aeing #% minutes late (not to
    mention completely unprepared and clueless as to the merits, fact, and laC, at issue in the various
    cases he Cas triple dipping on (getting paid for tCo or three different cases Ay attending one QcomAo
    hearingY'))and somehoC Budge Clifton issues a Carrant for Coughlin4s arrest (he alleges he did so at
    9:3 am, Aut the doc5et indicates it Cas at noon' Chere Couglin arrived Eust Aefore "%:%% am for the
    continuation of the trial in %.3% that Cas set to start at 9 am (and Chich should have never ta5en
    place at all given the plea deal accepted on &!#7!"#, Budge Clifton4s failure to aAide Ay N+* ")#3%, )
    #3. upon Couglin filing and having served on his chamAers a 9otion to Dis3ualify (Clifton ignored
    N+* .3)%4. and Buc5Calter in insisting that the fact that Coughlin had not presented a notariIed
    - 229-
    1
    2
    QaffidavitY the Eudge Cas not then compelled to folloC the procedures (. days to file a responsive
    affidavit!declaration, etc), etc)' upon Couglin filing Qprior to the start of trialY (it matters not the
    argument that, ignoring the fact that +BC Cler5 +oAAin Ba5er told Couglin the trial4s start time Cas
    moved to ":3% pm on "#!""!"#, regardless, Couglin filed the 9otion to Dis3ualify of "#!""!"# prior
    to Qthe start of trialY (and /om -iloria4s case Cas ta5en up the morning in the +BC anyCays, Chich is
    Chy Ba5er told Couglin the start time Cas moved) +egardless refusing to alloC Couglhin to 3uery
    Ba5er or suApoena here Cith respect to that, such an incident Aeing Couglin4s one QCarningY not to Ae
    late, and Budge Clifton4s duAious insistence that he 5neC Ba5er did not tell Couglin that even Chere
    Ba5er Cas aAsent from Cor5 on "#!""!"# and Cathy ?ood later told Coughlin that day that no one
    from the +BC had called Ba5er for any reason (that and Ba5er4s verge of tears flip flopping to
    Coughlin on ""!#7!"# respecting the fact that she originally said that she clearly rememAered the
    filigns Coughlin personally gave her for filing on ""!".!"# Aoth having discs attached to them)))only
    to minutes later tearfully e1claim Q74m not tal5ing to you Zach_Y upon Couglin confronting her aAout
    the curious aAout face Ba5er demonstrated after a 3uic5 tal5ing to Ay Cathy ?ood and some stern
    loo5s (some might say, all of Chich resulted in the "#!#%!"# <dministrative $rder)))along Cith,
    perhaps, Coughlin4s as5ing Bailiff +eyes if, perhaps, there Cas a Ait of an appearance of Aias incident
    to +eyes serving Couglin the /;$ ?ashoe County oAtained on Aehalf of +eyes4s felloC ?ashoe
    County employee 6eslie, on "#!"9!"#))))
    N-SJ00,074ZZPenaty for intentiona )ioation of order,ZZ< person Cho intentionally violates a
    temporary or e1tended order for protection against harassment in the Cor5place is guilty of a
    misdemeanor, unless a more severe penalty is prescriAed Ay laC for the act that constitutes the
    violation of the order)
    /he doc5et in %7"437 claims something that Eust did not happen)))Couglin never as5ed to have
    6indsay appear on his Aehalf in the <dministrative $rder QmatterY)))and at that 3!.!"3 $*C 8earing,
    Budge ;earson indicated that Qthe $rder to *hoC Cause on the <dministrative 9atter is Aeing put into
    the proAation violation case in ""2%334")))Y, Chich ma5es no sense given the suAEect matter
    involved in the tCo have no connection Chatsoever, and Chat really appears to Ae the case is that the
    +BC is unaAle to control, some might say, the D<* $fficers, li5e +amos, from, ever so suspiciously,
    summarily arresting Coughlin, every time Couglin sends an email to the ?CD<4s $ffice li5e that of
    the very early morning hours of #!"!"3, resulting in his arrest Ay D<* less than #4 hours later) But
    the +BC is clever, as such it recently in ""2%334" (actually, the doc5et therein indicates Budge
    *ferraIIa vacated his Eudgment as rendered almost immediately after ma5ing it Chere the QoAey all
    laCsY re3uirement Cas QclosedY etc) further, Aoth Budges Clifton in %.3% (the proAation for Chich
    doesn4t even start for at least one, if not tCo years given the consecutive nature of the sentence' and
    Budge ;earson eliminated the Qno alcoholY term of Couglin4s sentence in %334", and as there never
    Cas any QAe suAEect to search and seiIureY (and Coughlin indicated to D<* at the outset that such
    Cas his position and that he Cas not Caiving any of his rights in that regard)))', so D<* perhaps
    should cease descending upon Coughlin4s home and office and Aanging on every Call thereof for
    tCenty minutes at a time, angrily shouting invective in menacing tones, then unplugging the
    electricity to Coughlin4s home and office, apparently, Chen finally deciding to leave, as Cas
    apparently the case on 4!3%!"3 according to those living near Coughlin)
    Budge *ferraIIa4s <dministrative $rder #%"#2%", of "#!#%!"# (lac5ing any case numAer',
    reads:
    D<D97N7*/+</7-( $+D(+ #%"#2%" )
    - 230-
    1
    2
    ?8(+(<*, Z<C8<+> B<+G(+ C$:@867N has Aeen the suAEect of disciplinary
    hearings Aefore the *tate Bar of Nevada Northern Nevada Disciplinary Board Cherein the Board
    found 9r) Coughlin Dcommitted m:ltiple violations of the +ules of ;rofessional conductD and that
    9r) Coughlin Dengaged in Aad faith oAstruction of the disciplinary processD= and
    ?8(+(<*, Z<C8<+> B<+G(+ C$:@867N has Aeen a party in cases Aefore the +eno
    9unicipal Court including cases Aefore the 8onoraAle Dorothy Nash 8olmes and the 8onoraAle
    Genneth 8oCard Cherein 9r) Coughlin Cas held in contempt of court for failing to folloC the
    Court4s orders and directives= and
    ?8(+(<*, Z<C8<+> B<+G(+ C$:@867N has Aeen a party in Aoth civil and criminal
    matters Aefore this Court including cases Aefore the 8onoraAle ;eter *ferraIIa, the 8onoraAle *cott
    ;earson, and the 8onoraAle David Clifton Cherein 9r) Coughlin has Aeen admonished for failing to
    folloC the Court4s orders and directive= and
    ?8(+(<*, Z<C8<+> B<+G(+ C$:@867N is currently the suAEect of a /emporary
    $rder for ;rotection against 8arassment in the ?or5place re3uested Ay the ?ashoe County ;uAlic
    Defender4s $ffice, his counsel in several cases Aefore this Court= and
    ?8(+(<*, Z<C8<+> B<+G(+ C$:@867N is currently the suAEect of a /emporary
    $rder for ;rotection <gainst 8arassment in the ?or5place re3uested Ay the *tate Bar of Nevada
    Aased upon 9r) Coughlin4s harassing and disruptive Aehavior Cith employees and officers of the *tate
    Bar= and
    ?8(+(<*, Z<C8<+> B<+G(+ C$:@867N is currently a party in cases Aefore this
    court= and
    ?8(+(<*, citiIens, Chether or not indigent, have a constitutional right to access to the
    courts Cith the protection of due process of laC= and ?8(+(<*, frivolous or ve1atious claims and
    defenses overAurden limited Eudicial resources, hinder the timely resolution of meritorious claims and
    increase the costs of engaging in Ausiness and providing professional services to the puAlic= and
    ?8(+(<*, Z<C8<+> B<+G(+ C$:@867N has repeatedly caused a disturAance in the
    filing office of the +eno Bustice Court, disrupted the orderly Ausiness of the Court and overAurdened
    the limited Eudicial resources of this Court thereAy hindering the timely resolution of meritorious
    claims and increasing the costs of engaging in Ausiness and providing professional services to the
    puAlic= and
    ?8(+(<*, Da Areach of the peace, Aoisterous conduct or violent disturAance in the presence
    of the court, or in its immediate vicinity, tending to interrupt the due course of the trial or other
    Eudicial proceedingD constitutes contempt of court in the *tate of Nevada= and
    ?8(+(<*, DdisoAedience or resistance to any laCful Crit, order, rule or process issued Ay
    the court or Eudge at chamAersD constitutes contempt of court in the *tate of Nevada= and
    ?8(+(<*, Nevada4s courts are constitutionally authoriIed to issue all Crits Dproper and necessary
    to the complete e1ercise of their Eurisdiction)D Nev) Const) art) , K ("'= and ?8(+(<*, to protect
    the peaceful and effective operation of this Court,
    7/ 7* 8(+(B> $+D(+(D:
    ") Z<C8<+> B<+G(+ C$:@867N shall not enter the premises of the +eno Bustice Court
    at $ne *outh *ierra *treet e1cept as folloCs:
    a) 7f Z<C8<+> B<+G(+ C$:@867N Cishes to file a document Cith the +eno Bustice
    Court or attend a hearing in the +eno Bustice Court he must notify the security personnel at the main
    security entrance located at the east entrance of $ne *outh *ierra *treet and Cait for a Aailiff of the
    +eno Eustice Court to respond to his location)
    - 231-
    1
    2
    A) 7f Z<C8<+> B<+G(+ C$:@867N Cishes to ma5e a re3uest of the +eno Bustice Court
    for copies, transcripts, access to a court file or to as5 a 3uestion he shall do so in Criting and either
    mail the re3uest to the +eno Bustice Court or deliver the Critten re3uest to a Aailiff of the +eno
    Bustice Court Ay first contacting the Aailiff through court security as detailed aAove) /he Aailiff Cill
    then file the document for 9r) Coughlin and provide him a file stamped copy in return)
    c) 7f Z<C8<+> B<+G(+ C$:@867N Cishes to attend a Court hearing in the +eno Bustice
    Court he shall Ae escorted Ay a Aailiff of this Court)
    #) Z<C8<+> B<+G(+ C$:@867N shall not Ae present in the e1clusive premises of the
    +eno Bustice Court including the criminal, civil, citation, or administrative facilities located on the
    first floor of the North /oCer of $ne *outh *ierra *treet and the entire area located on the second
    floor of the North /oCer of $ne *outh *ierra *treet Cithout the escort of a Aailiff of this Court and
    Cithout first folloCing the procedures outlined aAove)
    3) Z<C8<+> B<+G(+ C$:@867N is not alloCed to contact any memAer of this Court
    other than a uniformed Aailiff)
    4) 7f Z<C8<+> B<+G(+ C$:@867N is a party to a case he may address the Court during
    the Court proceedings)
    .) <ny violation of this $rder may Ae considered contempt of court and punished pursuant to
    N+* Chapter ## Ay a fine of up to H.%% and!or incarceration for up to #. days in the ?ashoe County
    Detention 0acility)
    ) /his $rder is effective upon personal service upon 9r) Coughlin)D
    $f course, the +BC had a party purport to serve that "#!#%!"# <dministrative $rder Chere
    Bailiff (nglish purports to have attempted or effected service thereof on "#!#%!"# Cithin the
    courthouse at the +eno Bustice Court)
    0urther, all of the ;roof of *ervice!+eturn of *ervice in .99, %7, 39"3, 39"4, etc) all fail
    under the re3uirements of N+C; 4(c',(d',(g':
    (c'ZBy ?hom *erved)ZZ;rocess shall Ae served Ay the sheriff of the county Chere the defendant is
    found, or Ay a deputy, or Ay any person Cho is not a party and Cho is over "& years of age, e1cept
    that a suApoena may Ae served as provided in +ule 4.= Chere the service of process is made outside
    of the :nited *tates, after an order of puAlication, it may Ae served either Ay any person Cho is not a
    party and Cho is over "& years of age or Ay any resident of the country, territory, colony or province,
    Cho is not a party and Cho is over "& years of age)
    $d&JSummonsD Persona Ser)ice,ZZ/he summons and complaint shall Ae served together) /he
    plaintiff shall furnish the person ma5ing service Cith such copies as are necessary) *ervice shall Ae
    made Ay delivering a copy of the summons attached to a copy of the complaint as folloCs:))) $B&J
    Ser)ice +pon Indi)iduas,JJ7n all other cases to the defendant personally, or Ay leaving copies
    thereof at the defendantRs dCelling house or usual place of aAode Cith some person of suitaAle age
    and discretion then residing therein, or Ay delivering a copy of the summons and complaint to an
    agent authoriIed Ay appointment or Ay laC to receive service of process)
    ))) $g&J-eturn,JJ/he person serving the process shall ma5e proof of service thereof to the court
    promptly and in any event Cithin the time during Chich the person served must respond to the
    process) ;roof of service shall Ae as folloCs:)))(4'Z/he Critten admission of the defendant))))7n case
    of service otherCise than Ay puAlication, the certificate or affida)it sha state the date, pace and
    manner of ser)ice, 8aiure to ma"e proof of ser)ice sha not affect the )aidity of the ser)ice,Y
    - 232-
    1
    2
    *ee %3%# and @arins4 ""!".!"# 9otion to Dismiss therein: Q4) Defendants <ctual Notice
    Does Not Constitute *ervice <ny assertion Ay ;laintiff that Defendant has actual notice of this
    laCsuit, and 5noCledge of this case e1cuses service of the summons and complaint, misses the point)
    /he Nevada *upreme Court has long ac5noCledged that notice of a litigation is not a suAstitute for
    proper service of process) C)8)< -enture v) @)C) ?allace Consulting (ngineers, 7nc), 794 ;)#d 7%7,
    7%9 (Nev) "99%') 7n effect, Defendant4s notice of this litigation does not e1cuse ;laintiff4s non2service
    on Defendant)Y
    Note that the Q;roof of *erviceY for the "!"#!"# N+* #%%).9" Q*tal5ing!8arassmentY /;$
    +ichard @) 8ill, (s3), oAtained from the +BC is signed Ay +BC Bailiff ;lamondon)
    N-SJ5,304ZZ<oc"etD EntriesL form,
    ")ZZ(very Eustice must 5eep a doc5et, in Chich the Eustice must enter:
    (a'Z/he title of every action or proceeding)
    (A'Z/he oAEect of the action or proceeding= and if a sum of money Ae claimed, the amount
    thereof)
    (c'Z/he date of the summons, and the time of its return= and if an order to arrest the defendant Ae
    made, or a Crit of attachment Ae issued, a statement of the fact)
    (d'Z/he time Chen the parties, or either of them, appear, or their nonappearance, if defaut #e
    made= a minute of the pleadings and motions= if in Criting, referring to them= if not in Criting, a
    concise statement of the material parts of the pleading)Y /he +BC4s Bailiff +eyes and Chief Civil
    Cler5 Christine (ric5son have refused to provide Coughlin a doc5et in +ev""2"49# and +ev""2"7%&,
    citing to BC++/ rule re3uiring QtypeCrittenY pleadings, despite the inapplicaAility of BC++/ to
    Qlandlord tenant mattersY as indicate in BC++/ +ule 3) 0urther, Coughlin has had +eyes refuse to
    ta5e re3uests Couglin has suAmitted for filing for doc5ets and copies of the B<-* audio of the "!4!"3
    hearing in +C;"#2%7, and Chether Qdefault Ae madeY therein is 5ey)))particularly given that N+*
    33)#7% re3uires more than a default, it re3uires to applicant prove (proAaAly Ay the same Qclear and
    convicing evidenceY standard California uses, that set forth therein)))not simply enter a default upon
    some alleged Qfailure to appearY Ay Coughlin, especially Chere teh "#!#!"# ;roof of *ervice Ay +BC
    Bailiff (nglish is deficient and violative of courthouse sanctuary and attorney litigant
    privilege!immunity from service of process in the courthouse (the same deficieny Chich Aefalls
    Ba5er4s attempts to personally serve Couglhin on 9!#7!"" the . Day :nlaCful Detainer Notice in
    "7%&)
    (e'Z(very adEournment, stating on Chose application and to Chat time)
    (f'Z/he demand for a tria #y 6ury, !hen the same is made, and #y !hom made, the order for
    the Eury, and the time appointed for the return of the Eury and for the trial)))) (this is someChat is
    dispute in "7%&, though the title of Coughlin4s "%!""!"" filing therein does contain the Cords
    QDemand for Bury /rialY)))Chich is proAlematic considering that Budge *ferraIIa denied Couglin a
    Eury trial, despite Couglin timely ma5ign such a demand under N+C; 3& (see N+* 4%)4%%', Chich
    Cas prior to the "%!"3!"" Q(viction Decision and $rderY Qsetting the matter over for /rial on
    "%!#.!""Y should Couglin deposit some H#,#7. in rent escroC pursuant to N+* ""&<)3..(.', even
    though Couglin alCays maintained he Cas entitled to an application of N+* ""&<)3%4s fi1 and
    deduct dictates, in additon to the set offs inuring to Coughlin under N+* ""&<)39%, ""&<)."%, N+*
    ""&<)#9%, and N+* ""&<)3..(#')
    (i'Z/he Eudgment of the court, specifying the costs included, and the time Chen rendered)
    - 233-
    1
    2
    (E'Z/he issuing of the e1ecution, Chen issued and to Chom= the reneCals thereof, if any, and
    Chen made, and a statement of any money paid to the Eustice, Chen and Ay Chom)
    (5'ZThe receipt of a notice of appea, if any #e gi)en, and of the appea #ond, if any #e fied,
    $this is a #it of an issue in -C-//%4B005/ and -C-/0%4E/50E as to the fiings and order of and
    around 02//2/0&,
    Nevada ;roAation +ules
    ;roAation is a type of penalty Cherein the court imposes an officer to record all the things that you
    may do) <n agreement AetCeen you and the court pertaining to proAation should Ae folloCed)
    BeloC are rules of proAations according to Nevada +evised *tatutes:
    N+* "7<)3"% Conditions= duties of surety= proAationer to report to and pay surety)
    ") /he court shall set the conditions of a program of proAation secured Ay a surety Aond) /he
    conditions must Ae appended to and made part of the Aond) /he conditions may include, Aut are not
    limited to, any one or more of the folloCing:
    (a' *uAmission to periodic tests to determine Chether the proAationer is using any controlled
    suAstance or alcohol)
    (A' ;articipation in a program for the treatment of the aAuse of a controlled suAstance or alcohol or a
    program for the treatment of any other impairment)
    (c' ;articipation in a program of professional counseling, including, Aut not limited to, counseling for
    the family of the proAationer)
    (d' +estrictions or a prohiAition on contact or communication Cith Citnesses or victims of the crime
    committed Ay the proAationer)
    (e' < re3uirement to oAtain and 5eep employment)
    (f' *uAmission to a ;rogram of 7ntensive *upervision)
    (g' +estrictions on travel Ay the proAationer outside the Eurisdiction of the court)
    (h' ;ayment of restitution)
    (i' ;ayment of fines and court costs)
    (E' *upervised community service)
    (5' ;articipation in educational courses)
    #) < surety shall:
    (a' ;rovide the facilities or e3uipment necessary to:
    ("' ;erform tests to determine Chether the proAationer is using any controlled suAstance or alcohol, if
    the court re3uires such tests as a condition of proAation=
    (#' Carry out a ;rogram of 7ntensive *upervision, if the court re3uires such a ;rogram as a condition
    of proAation= and
    (3' (naAle the proAationer to report regularly to the surety)
    - 234-
    1
    2
    (A' Notify the court Cithin #4 hours after the surety has 5noCledge of a violation of or a failure to
    fulfill a condition of the program of proAation)
    3) < proAationer participating in a program of proAation secured Ay a surety Aond shall:
    (a' +eport regularly to the surety= and
    (A' ;ay the fee charged Ay the surety for the e1ecution of the Aond)
    (<dded to N+* Ay "99., "#4.= < #%%" *pecial *ession, "33'
    http:!!CCC)Cashoecounty)us!defender!duisent)html /hat lin5 contains the folloCing, Chich provides
    support (in addition to N+* "7<)3"%' that the terms of Couglin4s proAation in %334" (Chich is the
    only proAation Couglin is currently suAEect to given Budge Clifton made Coughlin4s sentence in
    %.3% run consecutive to Coughlin4s sentence in %334", meaning, Coughlin4s proAation incident to
    the conviction in %.3% (noC on appeal in C+"32%"4' has yet to even Aegin' do not include Aeing
    Q*uAEect /o +andom *earch and *eiIure Ay a ;eace $fficerY anymore than the do not re3uire
    Q;uAlice Defender +eimAursementY)
    :pon complying Cith Budge *ferraIIa4s ""!#%!"# Q$rder to <ttendY in %334", Chich reads:
    Q>$: <+( $+D(+(D to attend and complete the folloCing: (N$/(: there are Ao1 that are not
    chec5 for the folloCing: Dui *chool, -ictim 7mpact ;anel, Domestic -iolence ;rogram, <nger
    Counseling ;rogram, *elf 8elp 9eetings, /o appaer for Courts Counesling Compliance ;rogram
    (CC;', ;uAlic Defender +eimAursement, (valuation, ;arenting Class, +estitution' (N$/(: there is a
    Qchec5Y in the Ao1es for the folloCing': Due Ay= "2# years= <lternative *entencing Division)))-eport
    for Pro#ation #y //23/234/3, Cours Mon,%Thurs, 1D44 (M Q 0D44 P,M,L Due Ay= "#!#%!#%"#=
    $ther: /o oAtain a 9ental 8ealth (valuation and provide proof to the Court) >$: <+(
    +(*;$N*7B6( 0$+ ;+$-7D7N@ /8( C$:+/ ?7/8 >$:+ C:++(N/ <DD+(** ?7/87N
    "% D<>* $0 <N> C8<N@() >$: <+( 0:+/8(+ $+D(+(D to enroll Cithin "% days and
    appear alcohol free)
    :pon successful completion, you are responsiAle for producing a completion certificate to the
    Court on or Aefore the due date) 0ailure to comply Cith any re3uirement of your counseling
    program(s' may result in the issuance of a Aench Carrant for your arrest (< H#.)%% late fee Cill Ae
    assessed eo each programs(s' not complete on the due date') D</( this #%
    th
    day of NovemAer,
    #%"# !s!s ;(/(+ B) *0(++<ZZ<, Bustice of the ;eace, Department ]#Y)
    /he sentence imposed upon Couglin Ay Budge *ferraIIa in %334" not only Caived all of the
    fees associated Cith D<*, it did not impose any fine on Couglin either, and gave him credit for all the
    time he served in connection Cith the charge levied (Chich is difficult to actually discern given the ".
    custodial arrests and the various intricacies of Chich Aail applied to Chat charge, and the .# days of
    incarceration Couglin has Aeen suAEect to since the &!#%!"" arrest in %334", incident to Chich he Cas
    given & days credit for his incarceration AetCeen &!#%!"" P &!#!"" Chereupon he Cas released on his
    oCn recogniIance upon the charge Aeing lessened from Qooh thats a felonyY grand larceny (as said
    +;D $fficer Duralde to Couglin shortly after effecting a custodial arrest at "" pm in violation of N+*
    "7")"3' alleging Coughlin larceniIed a QH&%Y used i;hone, Aut still charging Couglin Cith felony
    grand larceny in retaliatoin for Coughlin in3uiring aAout the 8iiAel case, /erry *tops, reasonaAle
    suspicion and proAaAle cause, etc), and ta5ing issue Cith the fact that Duralde (Ay all indications,
    accidentally' touched Coughlin4s penis during one of the many Q/erry *top Ceapons chec5 pat
    doCnsY that he conducted that night)') <nyCays, Budge *ferraIIa did not order, as a condition of
    Coughlin4s proAation, that he Ae QsuAEect ot random search and seiIure Ay a peace officer)
    - 235-
    1
    2
    /he Budgment of Conviction rendered Ay Budge *ferraIIa pursuant to N+* "&9)%"% from the
    Aench at the conclusion of the trial in %334" on ""!#%!"# folloCs, verAatim, in its entirety:
    Q
    http:!!CCC)Cashoecounty)us!defender!duisent)html /he preceding lin5 includes the folloCing:
    QD:7 *entencing $utline
    7f the defendant enters a guilty plea to a D:7 0irst or *econd offense they Cill Ae sentenced Ay the
    court) @enerally, for a D:7 "st offense, if the person is over the age of #" and their B<C is not over a
    %)"&j, then that person Cill li5ely Ae sentenced to court standards for a D:7 "st offense)" 8oCever,
    if a person4s B<C is over a %)"&j, and!or it is their *econd D:7, then the court may include or the
    District <ttorney may re3uest that the defendant Ae sentenced to other re3uirements, some of Chich
    are re3uired Ay laC) ?hat folloCs is an e1tensive, yet not e1haustive, list of the potential possiAilities
    that the Eudge may sentence the defendant to and an e1planation of those possiAilities)
    *uspended Bail *entence Aoth "st D:7 N #nd D:7
    <s a part of the defendant4s sentence, the court Cill suspend a Eail sentence ranging from 3% days
    ?ashoe County Bail up to "&% days) <s long as the defendant complies Cith all the court4s
    re3uirements they Cill not have to serve any portion of the suspended Eail sentence) 8oCever, should
    a person violate the terms and conditions of his or her sentence then that person4s sentence Cill li5ely
    Ae revo5ed) $nce revo5ed, the person must serve the suspended Eail sentence) /he suspended Eail
    sentence is alCays ordered Ay the court)
    ?ashoe County Bail
    /he Court alCays has the discretion to sentence a person up to months to the ?ashoe County Bail
    for all misdemeanor offenses including D:7) <lthough no guarantees are made, it is not li5ely that
    the Court Could sentence a person to Eail as long as there are no aggravating factors)
    Community *ervice 2 "st D:7 $nly
    0or a first time D:7 the defendant must serve at least 4& hours community service) 9ost of the time,
    Aut not alCays, Eudges Cill give a person credit toCards community service if time Cas spent in Eail)
    /here is a H#. sign up fee for the community service)
    Bail or 8ouse <rrest 2 #nd D:7 $nly
    7f the defendant is convicted or enters a guilty plea to a D:7 *econd offense, then he or she must
    serve at least "% days ?ashoe County Bail or #% days house arrest) 7f the defendant is alloCed to do
    house arrest, then he or she must ensure that a landline is installed at their residence) 8ouse arrest is
    setup through the Department of <lternative *entencing, descriAed AeloC)
    0ines and Costs 2 "st D:7 $nly
    /he minimum fines and costs for a D:7 "st offense range from H4%% up to a ma1imum fine of
    H",%%%) /he fines and costs also include the administrative assessments and chemical analysis fee of
    H"". f H"% f H7 f %) /he standard fines and costs for a D:7 "st offense totals H9.) 7f the defendant
    cannot pay the total amount in one lump sum, then he!she may Ae aAle to get on a payment plan
    costing an additional H.%)
    0ines and Costs 2 #nd D:7 $nly
    /he minimum fines and costs for a D:7 #nd offense range from H7.% up to a ma1imum of H"%%%)
    /he fines and costs also include the administrative assessments and chemical analysis fee of H"". f
    H"% f H7 f %) /he standard fines and costs for a D:7 #nd offense totals H94.) 7f the defendant
    cannot pay the total amount in one lump sum, then he!she may Ae aAle to get on a payment plan
    costing an additional H.%)
    -ictim 7mpact ;anel 2 "st and #nd D:7
    - 236-
    1
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    :nder order of the Court, the defendant must attend one -ictim 7mpact ;anel) /he -ictim 7mpact
    ;anel is designed to shoC hoC D:74s impact peoples lives)
    /he -ictim 7mpact ;anel costs aAout H4% and is given once a month at the 6aClor (vents Center at
    the :niversity of Nevada, +eno) (very person in attendance must Ae drug and alcohol free) 0urther, if
    your driver4s license Cas revo5ed, do not drive to the -ictim 7mpact ;anel)
    4&4 (lection 2 #nd D:7 $nly
    /he 4&4 program has Aenefits and disadvantages) /he Aenefit to the 4&4 (lection is that it Cill reduce
    the defendant4s confinement time in half) 0or e1ample, if a person is sentenced to Eail he or she Cill
    only Ae responsiAle for serving . days ?ashoe County Bail instead of "%) 7f a person is sentenced to
    house arrest then he or she Cill only Ae responsiAle for serving "% days house arrest instead of #%)
    /he disadvantage to the 4&4 election is that the Court Cill have an additional one year of Eurisdiction
    over the defendant) /herefore, the counseling and all other aspects of the defendant4s sentence may Ae
    e1tended for a total of 3 years) 7f the person does not elect under this program, then the Court4s
    Eurisdiction remains at # years) /he 4&4 election should Ae considered only for a D:7 #nd offense,
    and Aoth the Court and district attorney must agree to alloC the defendant to elect under the program)
    Court Compliance ;rogram (also 5noCn as CC;'
    /his program is offered only in +eno Bustice Court) :nder the Court Compliance ;rogram the
    defendant must chec5 in Cith the court every 0riday morning) 7f the defendant demonstrates to the
    court that they are ma5ing progress and are in compliance Cith the terms and conditions of their
    sentence then the court Cill simply give that person an early out) 8oCever, should a person miss a
    court appearance, not attend a counseling session, have a dirty test, or violate the terms of their
    sentence, then they must appear Aefore the Eudge and e1plain Chy their sentence should not Ae
    revo5ed)
    Department of <lternative *entencing (also 5noCn as D<*'
    D<* is a misdemeanor proAationary agency charged Cith supervising those Cho are sentenced Ay the
    court) 7f the Court orders a person to Ae supervised Ay D<*, they Cill Ae re3uired to suAEect
    themselves to the conditions of his or her proAation, Ae re3uired to chec5 in, and provide daily drug
    tests) /he defendant Cill Ae re3uired to report in person, alcohol and drug free, to D<* the ne1t
    Cor5ing day after his or her conviction, AetCeen the hours of &:3% a)m) and 4:%% p)m) D<* is also
    responsiAle for the house arrest program)
    /he Defendant Cill also Ae re3uired to pay supervision fees and Cill Ae suAEect to Carrantless search!
    seiIure of his or her person, vehicle, and!or residence) 0ailure to comply Cith any of the D<*
    provisions may result in a Carrant of arrest)
    D<* is located at:
    3.% *outh Center *treet, 0irst 0loor
    +eno, N- &9.%"
    $ffice: (77.' 3#.2&&3
    0a1: (77.' 3#.2&.%
    7gnition 7nterloc5 Device
    <n ignition interloc5 device is an in2car alcohol Areath screening device that is Cired into the
    vehicle4s ignition) 7t Cill prevent a vehicle from starting if alcohol is detected in a Areath sample
    provided Ay the driver) /he device is located inside the vehicle, near the driver4s seat) Before starting
    the vehicle, the driver must AloC into the device) 7f the device detects alcohol, the vehicle Cill not
    start) /he driver Cill Aear all costs of the ignition interloc5 unit) /he cost to have the device installed
    along Cith inspection and maintenance fees are determined Ay the vendor)
    - 237-
    1
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    Courts Cill order the defendant to install the ignition interloc5 device Chere the defendant4s Areath or
    Alood alcohol level is aAove a %)"&) /he defendant Cill Ae re3uired to install the ignition interloc5
    device upon oAtaining their Nevada driver4s license)
    7gnition 7nterloc5 *ervice ;roviders:
    <lcohol Detection *ystem, 7nc) "2&&&27&273&4
    Consumer *afety /echnology, 7nc) "2&7727772.%#%
    Draeger *afety "2&%%233#2&.&
    *mart *tart of Nevada "2&%%2&&%23394
    -iolate No 6aCs
    *hould the defendant get charged Cith a neC criminal offense they Cill Ae suAEect to having their
    sentence revo5ed) /herefore, the defendant must stay out of trouAle and oAey all laCs)
    Not Consume or ;ossess <lcohol or :nauthoriIed Drugs
    /he Eudge can order the defendant not to posses or consume alcohol and!or non2prescription drugs)
    /herefore, should the defendant provide a dirty test to his counselor or D<* then his or her sentence
    may Ae revo5ed)
    *uAEect to +andom *earch and *eiIure Ay a ;eace $fficer
    /he defendant4s suspended sentence may Ae conditioned upon the defendant giving up certain
    constitutional rights) *pecifically, the defendant may Ae suAEect to suAmit his or her person, vehicle
    and residence to search and seiIure Ay any peace officer any time of day or night Cithout Aenefit of
    Carrant or proAaAle cause)
    *uAEect to +andom /esting Ay ;eace $fficer
    /he defendant4s suspended sentence may Ae conditioned upon a peace officer re3uesting that the
    defendant suAmit to random drug testing any time of the day or night, Cith or Cithout a Carrant, at
    the re3uest of any peace officer)
    0olloC *uAstance <Ause Counselor4s +ecommendations
    ?hile attending counseling, the defendant may Ae re3uired to folloC the suAstance aAuse counselor4s
    recommendations) 0or e1ample, if the counselor re3uires the defendant to attend <lcoholic
    <nonymous (D<<D' classes, then the defendant must attend << classes)
    *C+<9
    /he *C+<9 is an an5le Aracelet Chich monitors a person4s alcohol content #4 hours a day) /he
    *C+<9 not only has the aAility to determine Chether a person has consumed alcohol, Aut Chether a
    person has tampered Cith the device) 7f either of these things occurs, then it could Ae a potential
    violation of the defendant4s sentence and he or she may get revo5ed) Juestions regarding the
    *C+<9 should Ae directed to 7ntercept at (77.' 3#32&#73, .%" CasaIIa Dr, +eno, N- &9.%# or
    contact D<*)
    ;uAlic Defender +eimAursement
    /he Court may order a defendant to pay all or any part of the e1penses incurred Ay the County)
    @enerally, the ;uAlic Defender reimAursement fee ranges from H% to H#.% or more) /he defendant
    must contact ?ashoe County Collection Division, (77' 3#&2#..#, ;)$) Bo1 """3%!"%%" ( 9th *t)
    +oom D2"#%, +eno, N- &9."#) 7t is important to note, a person can not Ae criminally penaliIed for
    not paying their puAlic defender fee) 8oCever, the County may pursue payment in a civil court of
    laC)
    "Court *tandards for D:7 "st $ffense: 3% to 9% days ?ashoe County Bail suspended= 0ines and costs
    totaling H9.= 4& hours of Eail or community service= -ictim 7mpact ;anel= D:7 Classes= and
    revocation of driver4s license for 9% days) Court *tandards for D:7 #nd $ffense: "&% days ?ashoe
    County Bail suspended= 0ines and costs totaling H94.= "% days Bail or #% days house arrest= D:7
    - 238-
    1
    2
    Classes depending on evaluation= -ictim 7mpact ;anel= $ther possiAilities include Department of
    <lternative *entencing!Court Compliance ;rogram= and the 7nterloc5 device)Y
    /he prosecution failed to e1ercise QreasonaAle diligenceY in attempting to serve a summons on a
    defendant charged Cith oAtaining unemployment Aenefits Chile employed, and thus the action Cas
    Aarred Ay the tCo2year statute of limitations= the only attempt to serve the defendant Cas at an
    address Chere she received her unemployment Aenefits Aut at Chich she no longer resided, and there
    Cas no evidence that the defendant concealed her ChereaAouts, Chich could easily have Aeen
    ascertained) *tate v) Ging, "%3 $hio <pp) 3d #"%, .& N)()#d ""3& ("%th Dist) 0ran5lin County
    "99.')
    /he prosecution failed to e1ercise QreasonaAle diligenceY in attempting to serve a summons on a
    defendant charged Cith oAtaining unemployment Aenefits Chile employed, and thus the action Cas
    Aarred Ay the tCo2year statute of limitations= the only attempt to serve the defendant Cas at an
    address Chere she received her unemployment Aenefits Aut at Chich she no longer resided, and there
    Cas no evidence that the defendant concealed her ChereaAouts, Chich could easily have Aeen
    ascertained) *tate v) Ging, "%3 $hio <pp) 3d #"%, .& N)()#d ""3& ("%th Dist) 0ran5lin County
    "99.') Due diligence " ") Due diligence *tate did not act Cith due diligence or in good faith to oAtain
    presence at trial of casino security officer Cho Cas on vacation at time of trial, thus rendering
    officer4s preliminary hearing testimony inadmissiAle under relevant statutes in grand larceny and drug
    possession prosecution, Chere state never served officer Cith a suApoena, Aut merely sent several
    suApoenas to casino for distriAution to employees, and provided no indication that it had called
    officer at home, called his family or friends, or otherCise attempted to contact him to ensure his
    availaAility) @rant v) *tate, #%%", #4 ;)3d 7", ""7 Nev) 4#7) Criminal 6aC .43(#' :nder statute
    governing admission of a Citness4 prior testimony, state4s attempts to oAtain the Citness4s presence,
    for purposes of meeting general re3uirement of filing motion re3uesting admission of prior testimony
    Cithin ". days Aefore trial, must Ae in good faith and Cith due diligence) @rant v) *tate, #%%", #4 ;)3d
    7", ""7 Nev) 4#7) Criminal 6aC .43("' N) +) *) "74)34., N- */ "74)34.(
    39"4:
    /he +9C4s -eronica 6opeI (see issues respecting the non2service of the ""!3%!"" $rder
    ;unishing *ummary Contempt in +9C "" C+ ##"7, and the lac5 of any certificate of service
    thereto in the +$< in its appeal C+""2#%4' QcertifiesY something Chich is patently not true and
    Chich she failed to correct in the file stamped 3!"9!"3 QCertificate of ;roduction of DocumentsY,
    Chich reads:
    7, -eronica 6opeI, certify that 7 am an employee of the +eno 9unicipal Court, Department 0our and
    hereAy certify that 7 provided the documents listed AeloC to Defendant Z<C8<+> C$:@867N) 7
    further certify the documents listed AeloC are true and correct copies of the original court case file)Y
    /hereafter there is no Certificate of *ervice or return of process or *ummons to indicate in Chat
    manner and Chen the +9C4s 6opes QprovidedY the documents (she fails to sCear to have QservedY
    such documents as re3uired, and mentions not Chether the +9C mailed such documents to Coughlin
    Ay Aoth :*;* Certified mail and Ay copying such mailing via :*;* first class mail as Cell, Chich is
    re3uired, especially given Coughlin4s previous notices to the +9C and +C< that, for a variety of
    reasons, including his shared mailAo1, history of Aeing a victim of domestic violence Chose mails
    Chere interferred Cith, and indigency (receipt of only a certified mailing slip re3uiring Coughlin to
    Eourney to *unset *tation ;ost $ffice Could Ae unduly Aurdensome, particularly Chere there e1ists an
    a "!"!"3 Q<dministrative $rder #%"32%"Y Q7n the <dminstrative 9atter of Zachary CoughlinY Chich
    arguaAly is unlaCful and Chich Cas not properly served Chich purports to suAEect Coughlin to
    - 239-
    1
    2
    criminal liaAility or incarceration for utiliIing means of filing (including +9C +ule . permitting fa1
    filing and fa1 service on Qgovernment attorneysY' that are availing to all other litigants, a deprivation
    of due process aAsent notice and an opportunity to Ae heard, and Chere no N+* ##)%3%(#' <ffidavit
    for alleged QdistruAancesY outside the immediate presence of the court have ever Aeen provided,
    similar to the #!#7!"# circumstances Cith the allegations Ay 9arshal 8arley as to QdisassemAling a
    recording device in the restroomY vis a vis the #!#&!"# and 3!"#!"# $rders in "" /+ #&%% Ay Budge
    8olmes)
    < note affi1ed to the QCertificate of ;roduction of DocumentsY Ay +9C4s 6opeI (and the case
    is listed as in Department 4, hoCever, it is noC in Department ", and the rationale for such a transfer
    need Ae disclosed to Coughlin, particularly Chere a conflict or Aias, or Budge 8oCard4s standing as a
    grievant in N@"#2%434,%43. is the Aasis Aehind such transfer)))further, Coughlin re3uests an
    e1planation as to the #!#7!"# transfer from Department " to Department 3 of the custodial EayCal5ing
    arrest Ay the +;D upon +ichard @) 8ill, (s3), complaining in "# C+ %%9')
    /he production of documents of 3!"9!"3 is deficient in that is fails to include any of the
    Citness statements and the Declaration of +;D >turAide is made Cithout any first hand 5noCledge
    on his part, violating Aoth the *i1th <mendment right to confrontation of one4s accuser4s and N+*
    .3)%4.)
    /he 3!!"3 *ummons indicates Coughlin is Aeing charge Cith Qa violation of Nevada +evised
    *tatue 3%%)3.%Y) /here is no such statute in N+*) <s such, and amending of the *ummons and or
    Complaint re3uires a neC arraignment, and the .!#.!"3 /rial date must Ae vacated, further, Coughlin
    hereAy see5s a Aifurcation of the /;$ and (;$ prosecutions in 39"3 and 39"4 Cith separate trial
    dates, etc)
    /he Criminal Complaint is contradictory to the Declaration purporting to provide proAaAle
    cause Ay +;D >turAide) /he Complaint alleges:
    Q7, Brian *ooudi, Deputy City <ttorney, hereAy complain that on or aAout Banuary "7, #%"3, at or
    near 94. DouAle +) Blvd, City of +eno, *tate of Nevada, the aAove named defendant did violate
    Nevada +evised *tatute 3%%)3.% - iolation of a /emporary or (1tended $rder for ;rotection <gainst
    8arassment 7n the ?or5place as incorporated through +eno 9unicipal Code ")%4)%". to Cit: /he
    +eno Bustice Court issue an (1tended $rder for the ;rotection <gainst 8arassment in the ?or5place
    on Banuary 4, #%"3, Cith an e1piration date of Banuary 4, #%"4) /he Defendant Cas served this $rder
    on Banuary ., #%"3, /his $rder prohiAited the Defendant or an agent of the Defendant from
    contacting the *tate Bar of Nevada Ay any means including facsimile (fa1') $n Banuary "7, #%"3, the
    Nevada *tate Bar received a 37" page fa1 Cith a cover page documenting it coming from
    DIachcoughlin)D /he City is re3uesting this Court to issue a summons for the aAove count) /he )
    Defendant Cas originally arrested on 0eAruary &, #%"3, and charged Cith a gross misdemeanor in
    +eno Bustice Court) /he ?ashoe County District <ttorney4s $ffice indicated that the violation is
    misdemeanor and since it occurred Cithin city limits the proper court of Eurisdiction is the +eno
    9unicipal Court) ;ursuant to N+* "7")"%#, 7 hereAy declare upon information and Aelief and under
    penaty of perEury that the foregoing is true and correct to the Aest of my 5noCledge)Y
    /he signature AeloC fails to have any identify notation as to Chom it Aelongs to Aeyond
    indicating underneath Q(Complainant'Y)
    N+*Z"7")"& +ights of defendant Aefore preliminary e1amination)
    N+*Z"7")"&& ;rocedure for appointment of attorney for indigent defendant)
    - 240-
    1
    2
    N+*Z"7")"9 ;reliminary e1amination: ?aiver= time for conducting= postponement=
    introduction of evidence and cross2e1amination of Citnesses Ay defendant)
    N+*Z"7")"9. Discovery Ay defendant Aefore preliminary e1amination= material suAEect to
    discovery= effect of failure to permit discovery)
    N+*Z"7")"97 :se of affidavit at preliminary e1amination: ?hen permitted= notice Ay district
    attorney= circumstances under Chich district attorney must produce person Cho signed affidavit=
    continuances)
    ?<++<N/ $+ *:99$N* :;$N C$9;6<7N/
    N+*Z"7")"%# Complaint defined= oath or declaration re3uired)
    N+*Z"7")"% 7ssuance of Carrant or summons upon complaint or citation)
    N+*Z"7")""# Contents of summons)
    N+*Z"7")""4 (1ecution of Carrant and service of summons: By Chom)
    N+*Z"7")"" ?hen magistrate may depute person to act as constaAle)
    N+*Z"7")""& (1ecution of Carrant and service of summons: /erritorial limits)
    N+*Z"7")"## 9anner in Chich e1ecution of Carrant and service of summons are made= i
    Nothing in the complaints suffices to allege the Eurisdictional prere3uisites necessary to the
    issuance of the summons and the maintenance of this prosecution in lgiht of:
    N+*Z"7")%"% Burisdiction of offense committed in *tate)
    N+*Z"7")%". Burisdiction of offense commenced Cithout, Aut consummated Cithin, this *tate=
    consummation through agent)
    Q N+*Z"7")"%&ZZContents of Carrant of arrest)ZZ/he Carrant of arrest is an order in Criting
    in the name of the *tate of Nevada Chich shall:
    ")ZZBe signed Ay the magistrate Cith the magistrateRs name of office=
    #)ZZContain the name of the defendant or, if the defendantRs name is un5noCn, any name or
    description Ay Chich the defendant can Ae identified Cith reasonaAle certainty=
    3)ZZ*tate the date of its issuance, and the county, city or toCn Chere it Cas issued=
    4)ZZDescriAe the offense charged in the complaint= and
    .)ZZCommand that the defendant Ae arrested and Arought Aefore the nearest availaAle
    magistrate)Y
    0urther, pursuant to Budge Nash 8olmes 3!"4!"# formal Critten grievance against Coughlin
    mail Ay the +9C to the *BN
    Budge 8olmes4 3!"4!"# greivance against Coughlin hand delivered to the *BN along Cith a QAo1 of
    materialsY reads:
    Q)))/his letter constitutes a formal complaint of attorney misconduct and!or disaAility against
    Zachary Bar5er Coughlin) /he accompanying Ao1 of materials demonstrates some of the proAlems
    - 241-
    1
    2
    Cith the practice of this attorney Aeing e1perienced Ay myself and the other three Eudges in +eno
    9unicipal Court) 9y tCo most recent $rders in Chat should Ae a simple traffic citation case are self2
    e1planatory and are included, together Cith copies of massive documents 9r) Coughlin has fa1rfiled
    to our court in this case) <udio recordings of tCo of my hearings in this matter are also included) 8e
    failed to appear for the second one this past 9onday)
    7 have another traffic case pending trial Cith him that Cas re2assigned to me Aased on our
    Department " Eudge Aeing out for surgery) ?e have multiple addresses for 9r) Coughlin and can4t
    seem to locate him AetCeen cases very easily) ?e are setting that case for trial and attempting to serve
    him at the most recent address Ce have ("4## () 9th *t) ]# +eno N> &9."#', although 7 heard today
    he may Ae living in his vehicle someChere) ?e do have an address for his mother, hoCever, as she
    recently posted part of a fine for him)
    Budge Gen 8oCard, Department 4, had a case on 9r) Coughlin late last year that is noC on
    appeal to the *econd Budicial District Court) Budge Bill @ardner, Department #, also has a matter
    currently pending in his court Cith 9r) Coughlin as the defendant) 7 have enclosed some copies of
    documents from those matters, in chronological order, simply Aecause they appear to demonstrate
    that he is 3uic5ly decompensating in his mental status) $ur staff also made you some audio tapes of
    Coughlin in the matters in Departments # and 4 so you can hear for yourself hoC this attorney acts in
    court) >ou can see his Aehavior in my traffic citation case does not appear to Ae an isolated incident)
    7t is my understanding that +eno Bustice Court also has a matter pending on this attorney) 9y
    Budicial <ssistant Cas contacted Ay the ?ashoe ;uAlic Defender in 0eAruary Chen 7 had 9r)
    Coughlin Eailed for Contempt of Court and they stated that they represent him in a @ross
    misdemeanor matter in +BC) 7 have no other information on that)
    >ou Cill have the full cooperation of myself, the other Eudges, and the staff of +eno
    9unicipal Court in your pursuit of this matter) 9r) Coughlin has positioned himself as a ve1atious
    litigant in our court, antagoniIing the staff and even our pro temp Eudges on the most simple traffic
    and misdemeanor matters) 7 do thin5 this is a case of some urgency, and 7 apologiIe for ta5ing tCo
    days to get this pac5age to you= our 7/ person Cas ill and could not ma5e the copies of the audios of
    9r) Coughlin4s hearings until today, and 7 felt it Cas important that the audios Ae included in the
    materials to Ae considered Ay the *tate Bar) $n 0eAruary #7, #%"#, 9r) Coughlin told me he Cas
    actively practicing laC and had appointments Cith clients) 7 do not 5noC if that Cas true, Aut if so, he
    could Ae causing serious harm to the practice of laC in Northern Nevada and could Ae EeopardiIing
    someone4s freedom or property interests) D
    0or all of Ging and the ;anel4s Casting of Coughlin4s time to put on his case, ma5ing specious
    arguments aAout the certification of the Qaudio recordingsY (Chether those Coughlin Cas forced to
    have his mother Auy after Budge 8olmes4 struc5 from the record Coughlin4s 3!7!"# 70; (and the *BN4s
    08( 9 ("7&42&' is amongst the most fraudulent pieces of Cor5 Ay any attorney in the *tate of
    Nevada in 3uite some time, Chich, oAviously, is especially trouAling considering it Cas done Ay an
    <ssistant Bar Counsel in conspiracy Cith one or more Eudges of a municipal court) /he Aig deal is
    that Qpage " of 3Y of that fa1 filed document (Coughlin4s
    /he Complaint, at +3, really does not provide anyChere near enough specifics regardign facts
    or legal Aasis or theories in support thereof sufficient to support the ;anel4s 0$0C$64s in that regard,
    Chere the Complaitns reads:
    Q"7) +espondent filed <ffidavits of ;overty in *upport of his 9otion to ;roceed 7nforma
    ;auperis, Cherein he fails to disclose that he is a licensed attorney and instead under (mployment
    and *elf2(mployment he identifies himself as a DBac5 of <ll /radesD)
    - 242-
    1
    2
    "&) Despite a claim of poverty in the aAove mentioned affidavits, +espondent told the Court that his
    incarceration for contempt Could adversely affect his clients) Q
    8oCever, at the 8earing of ""!"4!"#, Ging evinced a complete lac5 of candor to the triAunal
    and fairness to opposing party Chere he offered as an (1hiAit a partial document as Aest, that Cas a
    comAination of tCo different filings) /he page " of 3 that Ging omitted therefrom not only evinces
    the e1tent to Chich Coughlin attempted to oAtain a copy of the audio transcript of the #!#7!"#
    8earing in Chich Budge 8olmes found him in direct contempt and summarily sentenced him to .
    days incarceration, Aut also, as indicated in the third page of +"7&42&) /he Certificate of *ervice on
    r"7&4 reveals that 089 at "7& is an impartial version of an $rder Ay Budge Nash 8olmes and a
    9otion to ;roceed on <ppeal 70; and +e3uest for <udio Ay Coughlin that Budge 8olmes attached to
    her $rder *tring the same)
    0urther, the *ummons in 39"3 and 39"4 Cas issued Ay Department # <dministrative Budge
    ?illiam @ardner, Chom is dis3ualified from ma5ign such a rulign given his Qgrievant statutsY against
    Couglin in *BN v) Coughlin N@"#2%434, and N@"#2%43. and the various N+* ")#3%
    dis3ualifications motions to Chich no responding affidavit has Aeen filed, despite the re3uirement for
    such) /he evident partiality demonstrated on #!#!"# in Budge ?) @ardner failign to disclose his
    Arother sister familial relations in +9C "" C+ #4%. Cith #BDC Budge 6inda @ardner or his having
    Aeen passed her 4!"3!%9 $rder <fter /rial in D-%&2%""& calls for setting aside the summons and
    dis3ualifying the +9C in toto, as does ?ashoe 6egal *ervices4s Director ;aul (lcano4s close
    relationship Cith Aoth 6inda and ?illiam @arnder, and Coughlin4s suing ?6* in C-""2%"9..)
    37) 9andamus
    (1traordinary relief is availaAle to challenge an order denying motion to 3uash service of process)
    +ules <pp);roc), +ule #"(A') Cariaga v) (ighth Budicial Dist) Court of *tate, "9&&, 7#
    ;)#d &&, "%4 Nev) .44
    <ll reproductions of letters or filings herein are true and correct copies thereon, such as the folloCing
    "!"4!"# Criten grievance N@"#2%#%4 Ay +ichard 8ill to the *BN4s $BC) 0urther, Budge ?) @ardner
    convictio of Couglin #4%. should Ae set aside given the mandatory stay re3uired Ay N+* 4%)3&4
    and the voidness of the various e)iction orders in +BC rev""2%%"7%& in light of Coughlin4s so filing
    and depositing the re3uisite H#.% prior to such loc5out)
    -oid Eudgment
    0or Eudgment to Ae void, there must Ae defect in court4s authority to enter Eudgment through
    either lac5 of personal Eurisdiction or Eurisdiction over suAEect matter in suit) @assett v)
    *nappy Car +ental, "99., 9% ;)#d #.&, """ Nev) "4")
    7n criminal matters, Qpersonal EurisdictionY is the authority of the court to proceed against a particular
    defendant in a criminal action)L0N"M ?ithout personal Eurisdiction, the court has no person to hold
    accountaAle)L0N#M 7f the accused is in a court4s Eurisdiction, the court has Eurisdiction to try the
    accused regardless of hoC the accused Cas Arought into the Eurisdiction,L 0N3M e1cept under certain
    circumstances)L0N4M /he insufficiency of the evidence presented at a proAaAle cause hearing
    deprives a trial court of Eurisdiction over the person of a defendant, rendering moot any suAse3uent
    prosecution and conviction)L0N.M C:9:6</7-( *:;;6(9(N/ Cases: Defendant4s deportation or
    cooperative transfer, Aut not e1tradition, from ;anama to :nited *tates to face indictment charges for
    ta1 fraud did not violate (1tradition /reaty to Chich :nited *tates and ;anama Cere signatories,
    precluding dismissal of indictment for lac5 of personal Eurisdiction over defendant, under Ger!0risAie
    doctrine, since treaty did not mandate e1tradition as e1clusive means for one signatory to oAtain
    - 243-
    1
    2
    criminal defendant or fugitive from territory of other signatory, did not curtail prerogative of ;anama
    to deport :nited *tates citiIens, and did not Aar signatories from informally cooperating Cith each
    other) :)*) v) *truc5man, "" 0)3d .% (9th Cir) #%"%') < court oAtains personal Eurisdiction over a
    criminal defendant Ay the service of a sum2mons and complaint or Ay arrest) +ules Crim);roc) +ule
    4) *tate v) Carlin, #49 ;)3d 7.# (<las5a #%""') L(ND $0 *:;;6(9(N/M L0N"M ;eople v) ;osey, 3#
    Cal) 4th "93, & Cal) +ptr) 3d ..", &# ;)3d 7.. (#%%4') L0N#M *tate v) +ogers, "4% 7daho ##3, 9" ;)3d
    ""#7 (#%%4') L0N3M :)*) v) 6ussier, 9#9 0)#d #. ("st Cir) "99"'= 9orrison v) *tate, #&% @a) ###, #
    *)()#d .%% (#%%' (trial court has Eurisdiction to oversee criminal prosecution of even those
    defendants Cho Cere forciAly removed from another state and Arought into @eorgia court, Cho Cere
    illegally arrested or detained Cithout a shoCing of proAaAle cause, and Cho Cere unlaCfully or
    irregularly e1tradited Ay the state') <s to Caiver of Eurisdiction, see K 437) L0N4M *tate v) 9iller, #.7
    Gan) &44, &9 ;)#d "%9 ("99.' (accused Cas tortured Ay laC enforcement personnel') <s to the right
    to try person Arought Cithin Eurisdiction illegally, see K 44%) L0N.M *tate v) Boyd, #"4 Conn) "3#, .7%
    <)#d ""#. ("99%')
    N+* C8<;/(+ 33 2 7NB:NC/7$N*N+
    $+D(+* 0$+ ;+$/(C/7$N <@<7N*/ 8<+<**9(N/ 7N ?$+G;6<C(
    N+*Z33)#%% Definitions)
    N+*Z33)#"% Q(mployeeY defined)
    N+*Z33)##% Q(mployerY defined)
    N+*Z33)#3% Q$rder for protection against harassment in the Cor5placeY defined)
    N+*Z33)#4% <cts that constitute harassment in Cor5place)
    N+*Z33)#.% -erified application for temporary order= contents of application)
    N+*Z33)#% Notice of intent to see5 order to Ae provided to 5noCn target of harassment)
    N+*Z33)#7% +e3uirements for issuance of temporary or e1tended order= e1piration= right to
    challenge temporary order= aCard of costs and attorneyRs fees to prevailing party= interlocutory appeal
    of e1tended order)
    N+*Z33)#&% (ffect of temporary or e1tended order= court may not issue order against more
    than one person= contents of order)
    N+*Z33)#9% $rder does not preclude other action)
    N+*Z33)3%% /ransmittal of copy of order to laC enforcement agency= service and
    enforcement of order= issuance of copies of order)
    N+*Z33)3"% +egistration of order= effect of registration= duty of court cler5 to maintain
    record of registered order)
    N+*Z33)3#% <rrest of person Cho violates order= service of order= duty to note date and time
    of service on copy of order issued to employer)
    N+*Z33)33% 7mmunity for certain persons Cho enforce or refuse to enforce order)
    N+*Z33)34% (mployer immune from civil liaAility under certain circumstances= use of
    actions ta5en and statements made Ay employer)
    N+*Z33)3.% penaty for intentional violation of order)
    N+*Z33)3% 6imitations on effect of provisions)
    0
    - 244-
    1
    2
    0or some reason, ?CD< DD< >oung felt the need to creat his 3!4!"3 <mended
    9emorandum addressed to +;D Detective >truAide as to the /;$ and (;$ charge) $f course
    >oung too5 a Qsee no evil, hear no evilY approach to the ridiculous overcharging Ay >turAide, or the
    fact that >oung Cas prosecuting Coughlin and in trial at that very time in +BC +C+"#2%.3%, a
    matter that involved e1tensively the interplay AetCeen the +;D and their Cives Cor5ing as 9""
    operations or Q(mergency DispatchY at (C$99, and the fact that +;D Detective >turAide4s Cife is
    an (C$99 (mergency Dispatcher (similar to +;D *tegmaier and (C$994s *tegmaier') >oung4s
    3!4!"3 <mended 9emorandum softens up the statements, though, made in his #!#&!"3 QNo27ssue
    9emorandumY indicating: Q;lease Ae advised that no criminal complaint Cill issue in the aAove
    referenced case) +efer to the +eno City <ttorney) 7f you have any 3uestions, please do not hesitate to
    contact me) *incerely)))By !s! Zach >oung Deputy District <ttorneyY) <top that <mended
    9emorandum is interlineated Q+;C#%"324.&%Y)
    /he lac5 of proAaAle cause for +;D Detective >turAide to have Coughlin arrested is further
    evidenced Chere on Qpage # of 4Y of the "!4!"3 (;$, the version fa1ed to +;D >turAide, Chich he
    then provided to the +C<, Chich then, in a #!#"!"3 9emorandum Ay +C< *ooudi (Cho later claimed
    to Coughlin that he didn4t feel there Cas proAaAle cause to file the case, Aut that his superior, Chief
    Daniel ?ong, (s3), QCas ma5ingY him do so' sent to the +9C re3uested a Q*ummonsY) /hat
    9emorandum reads: Q 0rom: Brian *ooudi, Deputy City <ttorney)))<ttached please find the original
    criminal complaint(s', arrest Carrant!summons
    and an unsCorn declaration) 7f you have any 3uestions, please contact me)/han5 you for your
    assistance in this matter)Y
    Coughlin has a right to confront his accuser4s an nothing in Ging4s /;$ application specifies
    Eust Chich employees of the *BN such protection orders Cere designed to protect, and further, Ging
    shoCed up Qas counselY so as to Ging, and as to the failure to appear of those the *BN failed to list as
    the parties to Ae protected, the (;$ is void)
    Ging4s "#!#%!"# /;$ <pplication in %7 is less than truthful) $ne, at page 4 of , it fails to
    identify a /;$ <pplciation Ay +ichard @) 8ill, (s3), against Coughlin Chere Ging, ;eters, and the
    *BN Cere made Cell aCare of such Ay Coughlin, and even provided Aoth the $rder in +C; #%"#2
    %%%%"& and 8ill4s lied filled "!"#!"# /;$ <pplication therein, Chere such information is re3uired to
    Ae included pursuant to 3uestion "(A') /he complicity AetCeen NNDB 9emAer 8ill and Ging runs
    throughout Coughlin4s formal disciplinary matter, and Ging4s failure to divulge this information,
    especially as it relates to 8ill, is trouAling)
    <dditionally (and this is ironic considering Ging has attempted to have Coughlin permanently
    disAarred incident to his oCn fraudulent allegation that Coughlin filed 70;4s in the +9C Cithout
    identifying himself as an attorney', at page . of Ging fails to truthfully and completely ansCer
    3uestion & therein, Chich reads: Q&) 8ave there Aeen any other Court actions or any other
    relationships AetCeen the employer and the <dverse ;artyFY Ging chec5 the 4yesY Ao1) 7n the Alan5
    folloCing Q7f yes, please descriAe:Y Ging Crote QDiscipline 8earing held ""!"4!#%"#) Ging
    completely fails to indicate that there is another action AetCeen the parties in that the appeal of the
    "#!"4!"# 0$0C$6 is noC Aefore the Nevada *upreme Court in #337 (Chich Could necessarily, and
    oAviously involve communications AetCeen these tCo parties and their respective counsel, ma5ing
    - 245-
    1
    2
    +BC Budge ;earson4s /;$ a distruAingly overAroad order that has very trouAling lac5 of regard for
    Coughlin4s rights as a litigant in tCo different cases Cherein the *BN is the opposing party, Aoth of
    Chich implicate an e1tremely valuaAle and primary property right to Coughlin, his laC license)
    0urther, Ging4s simply nating QDiscipline hearing held ""!"4!#%"#Y competely fails to inform the
    court as to the fact that there Cas an ongoing trial court case AetCeen these tCo parties, Cith the *BN
    operating in at least a dual role as Aoth the prosecutor and the situs of the court, and the QCler5 of
    CourtY4s location) /his goes to the heart of the proAlem currently in Nevada Chere the *BN cannot
    Ae trusted to Cear so many hats, Chere Ging and ;eters have Alatantly aAused the puAlic4s trust in that
    regard and sought to ta5e advantage of the current structure at every possiAle opportunity, something
    the NNDB and ;anel here have Aeen entirely too permissive Cith regard to, Chich is trouAling
    considering all the connection AetCeen the grievants in the three greivances numAer listed on the
    &!#3!"# Complaint Ay the *BN and the memAers of the ;anel (8ill is on the City of +eno4s CitiIen4s
    <dvisory Board, Budge Nash 8olmes Cent to laC school Cith ?ashoe 6egal *ervices ;aul (lcano
    (Chom alleges that he is close personal friends Cith #BDC Budge 6inda @ardner, $rlich, and +9C
    Budge ?) @ardner is divorced from $rlich and the Arother of 6inda @ardner' and ;anel 9emAer
    Gent, along Cith +9C Budge 8oCard, Chief +C< ?ong, (lcano and ;anel Chair (cheverria Cent to
    *tanford and +eno 8igh together and admit to Aeing QAoyhood chumsY
    /he "#!#%!"# /;$ in %7 (the alleged violation of Chich Aecame "3 C+ 39"3 in the +9C'
    reads:
    Q/(9;$+<+> $+D(+ 0$+ ;+$/(C/7$N <@<7N*/ 8<+<**9(N/ 7N /8( ?$+G;6<C(
    (N+* 33)#7%' Date 7ssued: "#!#%!"# (1piration Date: "!4!"3
    ?<+N7N@: /his is an official Court $rder) 7f you disoAey this $rder, you may Ae arrested
    and prosecuted for the crime of violating an $rder for ;rotection <gainst 8arassment in the
    ?or5place and any other crime that you may have committed in disoAeying this $rder) <n intentional
    violation of a /emporary $rder for ;rotection <gainst 8arassment in the ?or5place is a
    misdemeanor, unless a more severe penalty is prescriAed Ay laC for the act that constitutes the
    violation of the $rder) :nder N+* "93)".%, a misdemeanor is punishaAle Ay imprisonment in the
    county Eail for not more than months, or Ay a fine of not more than H",%%%)%%, or Ay Aoth fine and
    imprisonment)
    ;:+*:<N/ /$ N+* "93)", if the act that constitutes the violation of a protection order is
    itself a felony, the violator shall, in addition to the term of imprisonment prescriAed Ay statute for the
    crime, Ae punished Ay imprisonment in the state prison for a minimum term of not less than " year
    and a ma1imum term of not more than #% years)
    >$: <+( 0:+/8(+ N$/707(D that you C<N B( <++(*/(D even if the person Cho
    oAtained the $rder invites or alloCs you to contact them) >ou have the sole responsiAility to avoid or
    refrain from violating the terms of this $rder) $nly the Court can change the $rder upon Critten
    application)
    <n <pplication for an $rder pursuant to N+* 33)#7% having Aeen filed Ay, or on Aehalf of, the
    aAove2named employer, and the Court having revieCed said <pplication, and having revieCed facts
    and any additional information provided to the Court, and the Court having Eurisdiction over the
    parties and the suAEect matter, and sufficient representations having Aeen made that you, the <dverse
    ;arty, have threatened and!or committed 8arassment in the ?or5place, and good cause appearing
    therefore, the Court hereAy finds:
    N$/7C( 07ND7N@*
    (a chec5 or QUY Cas placed in this Ao1' /he <dverse ;arty had advance notice aAout the
    <pplication for this /emporary $rder for ;rotection <gainst 8arassment in the ?or5place)
    - 246-
    1
    2
    7/ 7* 8(+(B> $+D(+(D that the /emporary $rder for ;rotection <gainst 8arassment in
    the ?or5place is granted)
    7/ 7* 0:+/8(+ $+D(+(D that you, the <dverse ;arty, are prohiAited, either directly or
    through an agent, from contacting, intimidating, using, attempting to use, or threatening the use of
    physical force, or otherCise interfering in any Cay Cith the employer, an employee of the employer
    Chile the employee is performing his duties of employment, and any person Chile the person is
    present at the Cor5place of the employer, including, Aut not limited to, in person, Ay telephone,
    through the mail, through electronic mail (e2mail', facsimile (fa1', or through another person)
    7/ 7* 0:+/8(+ $+D(+(D that you stay aCay from the Cor5place of the employer,
    Cherever situated Cithin the *tate, including, Aut not limited to, the folloCing specific Cor5place
    address(es': 94. DouAle + Blvd, city of +eno, County of ?ashoe, *tate of Nevada)
    7/ 7* 0:+/8(+ $+D(+(D that the folloCing additional restrictions apply:
    7/ 7* 0:+/8(+ $+D(+(D /8</ /87* /(9;$+<+> $+D(+ ?766 +(9<7N 7N
    (00(C/ :N/76 "":.9 ;9 $N /8( D</( *(/ 0$+/8 $N ;<@( " :N6(** /8( C$:+/
    $+D(+* $/8(+?7*() 7f an application for an (1tended $rder is filed, this /emporary $rder Cill
    remain in effect until the hearing on an (1tended $rder is held) 7/ 7* 0:+/8(+ $+D(+(D that the
    Cler5 of the Court shall transmit, Ay the end of the ne1t Ausiness day after this /emporary $rder is
    issued, a copy of the $rder, together Cith a copy of the <pplication, to the folloCing laC enforcement
    agencies: ?<*8$( C$:N/> *8(+700, *;<+G* ;$67C( D(;<+/9(N/, N(-<D<
    87@8?<> ;</+$6, +(N$ ;$67C( D(;<+/9(N/, :N+ ;$67C(, N +(N$!*;<+G* /+7B<6
    ;$67C()
    7/ 7* 0:+/8(+ $+D(+(D that the appropriate laC enforcement agency!process server
    promptly attempt to serve this $rder, together Cith a copy of the <pplication upon the <dverse ;arty,
    and upon service, file proof of service Cith the Court Ay the end of the ne1t Ausiness day after service
    is made) *ervice must Ae made pursuant to the +ules of Civil ;rocedure)
    7f an application for an (1tended $rder has Aeen filed: (there is a chec5 or QUY in this Ao1' 7/
    7* 0:+/8(+ $+D(+(D that a hearing on the issuance of an (1tended $rder is set in Department 4
    at &:". a)m) on the 4
    th
    day of Banuary, #%"3) /87* /(9;$+<+> $+D(+ +(9<7N* 7N (00(C/
    :N/76 /8( 8(<+7N@ $N /8( (U/(ND(D $+D(+ 8<* B((N 8(6D) (N$/(: /87*
    8(<+7N@ ?766 B( 8(6D ?7/87N /(N ("%' B:D7C7<6 D<>* ;:+*:<N/ /$ N+* 33)#7%('
    (c', :N6(** C$9;(667N@ +(<*$N* +(J:7+( $/8(+?7*()'
    >$: and >$:+ Citnesses may approach and enter the Courthouse to attend the hearing Aut
    must stay aCay from <pplicant and <pplicantRs Citnesses Chile approaching, leaving, and Cithin the
    Courthouse)
    70 <N (<+67(+ 8(<+7N@ D</( 7* +(J:7+(D, /8( <D-(+*( ;<+/> 9<> <;;6>
    /$ /8( <B$-( C$:+/ 0$+ +(67(0) N$/7C( /$ 6<? (N0$+C(9(N/ <ny laC
    enforcement officer, Cith or Cithout a Carrant, and Chether or not a violation occurs in the presence
    of the officer, may arrest and ta5e into custody the <dverse ;arty, Chen the laC enforcement officer
    has proAaAle cause to Aelieve that (a' an $rder has Aeen issued pursuant to N+* 33)#7% against the
    <dverse ;arty= (A' the <dverse ;arty has Aeen served Cith a copy of the $rder= and (c' the <dverse
    ;arty is acting or has acted in violation of the $rder) <ny laC enforcement agency in Nevada may
    enforce a Court $rder issued pursuant to N+* 33)#7% Cithout regard to the county in Chich the
    $rder Cas issued) 7f a laC enforcement officer cannot verify that the <dverse ;arty Cas served Cith a
    copy of this $rder, the officer shall serve the <dverse ;arty Cith a copy of the $rder if a copy is
    availaAle) 7/ 7* *$ $+D(+(D this [[[[[[[[[[[[[[[[ day of [[[[[[[[[[[[[[[[[[[[[[[[,
    #%[[[) [[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[ B:D@( ;+$$0 $0 *(+-7C( :;$N /8(
    - 247-
    1
    2
    <D-(+*( ;<+/> 7, the undersigned, personally served the <dverse ;arty named aAove Cith a copy
    of this /emporary $rder for ;rotection <gainst 8arassment in the ?or5place, together Cith a copy of
    the <pplication) [[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[ *ignature
    [[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[ ;rint Name
    [[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[ Date of *ervice
    [[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[ /ime of *ervice
    /he "!4!"3 (;$ in %7 reads:
    Q(U/(ND(D $+D(+ 0$+ ;+$/(C/7$N <@<7N*/ 8<+<**9(N/ 7N /8( ?$+G;6<C(
    (N+* 33)#7%'
    */</( B<+ $0 N(-<D<, (mployer vs) Z<C8<+> B<+G(+ C$:@867N, <dverse ;arty)
    Date 7ssued Banuary 4
    th
    #%"3 /ime: &:3% am (1piration Date: Banuary 4, #%"4 /ime: "":.9 p)m)
    ?<+N7N@: /his is an official Court $rder) 7f you disoAey this $rder, you may Ae arrested and
    prosecuted for the crime of violating an $rder for ;rotection <gainst 8arassment in the ?or5place
    and any other crime that you may have committed in disoAeying this $rder) <n intentional violation
    of an (1tended $rder for ;rotection <gainst 8arassment in the ?or5place is a misdemeanor, unless a
    more severe penalty is prescriAed Ay laC for the act that constitutes the violation of the $rder) :nder
    N+* "93)".%, a misdemeanor is punishaAle Ay imprisonment in the county Eail for not more than
    months, or Ay a fine of not more than H",%%%)%%, or Ay Aoth fine and imprisonment)
    ;:+*:<N/ /$ N+* "93)", if the act that constitutes the violation of a protection order is itself a
    felony, the violator shall, in addition to the term of imprisonment prescriAed Ay statute for the crime,
    Ae punished Ay imprisonment in the state prison for a minimum term of not less than " year and a
    ma1imum term of not more than #% years)
    >$: <+( 0:+/8(+ N$/707(D that >$: C<N B( <++(*/(D even if the person Cho oAtained
    the $rder invites or alloCs you to contact them) >ou have the sole responsiAility to avoid or refrain
    from violating the terms of this $rder) $nly the Court can change the $rder upon Critten application)
    /he Court having considered the filings, testimony (if applicaAle' and evidence presented at
    hearing, and the Court having found that the <dverse ;arty received notice of hearing at Chich such
    person had an opportunity to participate and Ae heard, and the <dverse ;arty Cas not present, and the
    <pplicant Cas present, and Cas represented Ay counsel ;atric5 $Cen Ging and the Court ha)ing
    proper 6urisdiction o)er the parties and this su#6ect matter, and it appearing to the satisfaction
    of the Court that the (d)erse Party has committed and2or is committing or remains a threat to
    commit harassment in the !or"pace and good cause appearing,
    7/ 7* 8(+(B> $+D(+(D that the (1tended $rder for ;rotection <gainst 8arassment in the
    ?or5place is granted for the folloCing reasons:
    /he Court has found that the employer has presented evidence sufficient to support the
    granting of the application for an (1tended $rder of ;rotection <gainst 8arassment in the
    ?or5place= and
    /he Court has found that the <dverse ;arty knowingly threatened to cause or committed an
    act causing bodily injury to himself or another personB andKor damage to the property of another
    personB andKor substantial harm to the physical or mental health or safety of a person)
    $ther: [[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[
    7/ 7* 0:+/8(+ $+D(+(D that you, the <dverse ;arty, are prohiAited, either directly or through an
    agent, from contacting, intimidating, using, attempting to use, or threatening the use of physical
    force, or otherCise interfering in any Cay Cith the employer, any employee of the employer Chile the
    employee is performing his duties of employment, and any person Chile the person is present at the
    - 248-
    1
    2
    Cor5place of the employer, including, Aut not limited to, in person, Ay telephone, through the mail,
    through electronic mail (e2mail', facsimile (fa1', or through another person)
    7/ 7* 0:+/8(+ $+D(+(D that you stay aCay from the Cor5place of the employer, Cherever
    situated Cithin the *tate, including, Aut not limited to, the folloCing
    specific Cor5place address(es': [[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[
    /oCn!City of [[[[[[[[[[[[[[[[[[, County of [[[[[[[[[[[[[[[[, *tate of [[[[[[[[[[[[[
    $ther: [[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[
    7/ 7* 0:+/8(+ $+D(+(D that the folloCing additional restrictions apply:
    7/ 7* 0:+/8(+ $+D(+(D that the Cler5 of the Court shall transmit, Ay the end of the ne1t
    Ausiness day after this (1tended $rder is issued, a copy of the $rder, together Cith a copy of the
    <pplication, to the folloCing laC enforcement agencies:
    7/ 7* 0:+/8(+ $+D(+(D that the appropriate laC enforcement agency!process server promptly
    attempt to serve this $rder upon the <dverse ;arty, and to file Cith or mail to the Cler5 of the Court
    proof of service Ay the end of the ne1t Ausiness day after service is made) *ervice must Ae made
    pursuant to the +ules of Civil ;rocedure)
    N$/7C( /$ 6<? (N0$+C(9(N/
    <ny laC enforcement officer, Cith or Cithout a Carrant, and Chether or not a violation occurs in the
    presence of the officer, may arrest and ta5e into custody the <dverse ;arty, Chen the laC enforcement
    officer has proAaAle cause to Aelieve that (a'
    an $rder has Aeen issued pursuant to N+* 33)#7% against the <dverse ;arty= (A' the <dverse ;arty
    has Aeen served Cith a copy of the $rder= and (c' the <dverse ;arty is acting or has acted in violation
    of the $rder)
    <ny laC enforcement agency in Nevada may enforce a Court $rder issued pursuant to N+* 33)#7%
    Cithout regard to the county in Chich the $rder Cas issued)
    7f a laC enforcement officer cannot verify that the <dverse ;arty Cas served Cith a copy of this
    $rder, the officer shall serve the <dverse ;arty Cith a copy of the $rder if a copy is availaAle)
    7/ 7* *$ $+D(+(D this [[[[[[[[ day of [[[[[[[[[[[[[[[[[[[[[[[[, #%[[[)
    [[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[
    B:D@(
    ;+$$0 $0 *(+-7C( :;$N <D-(+*( ;<+/>
    7, the undersigned, personally served the <dverse ;arty named aAove Cith a copy of this (1tended
    $rder for ;rotection <gainst 8arassment in the ?or5place)
    [[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[
    *ignature
    [[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[
    ;rint Name
    [[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[
    Date of *ervice
    [[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[
    /ime of *erviceY
    (U/(ND(D $+D(+ 0$+ ;+$/(C/7$N <@<7N*/ 8<+<**9(N/ 7N /8( ?$+G;6<C(
    (N+* 33)#7%' /he "#!#%!"# (;$ in %7 (U/(ND(D $+D(+ 0$+ ;+$/(C/7$N <@<7N*/
    8<+<**9(N/ 7N /8( ?$+G;6<C( (N+* 33)#7%
    - 249-
    1
    2
    $+D(+* 0$+ ;+$/(C/7$N <@<7N*/ 8<+<**9(N/ 7N ?$+G;6<C(
    N+*Z33)#%%ZZDefinitions)ZZ<s used in N+* 33)#%% to 33)3%, inclusive, unless the conte1t
    otherCise re3uires, the Cords and terms defined in N+* 33)#"%, 33)##% and 33)#3% have the
    meanings ascriAed to them in those sections)
    (<dded to N+* Ay #%%", #&43'
    N+*Z33)#"%ZZQ(mployeeY defined)ZZQ(mployeeY means a person Cho is employed Ay an
    employer, including, Cithout limitation, an independent contractor)
    (<dded to N+* Ay #%%", #&43'
    N+*Z33)##%ZZQ(mployerY defined)ZZQ(mployerY means a puAlic or private employer in this
    state, including, Cithout limitation, the *tate of Nevada, an agency of this state and a political
    suAdivision of this state)
    (<dded to N+* Ay #%%", #&43'
    N+*Z33)#3%ZZQ$rder for protection against harassment in the Cor5placeY defined)ZZQ$rder for
    protection against harassment in the Cor5placeY means an order issued pursuant to N+* 33)#7%)
    (<dded to N+* Ay #%%", #&43'
    N+*Z33)#4%ZZ<cts that constitute harassment in Cor5place)ZZ8arassment in the Cor5place
    occurs Chen:
    ")ZZ< person 5noCingly threatens to cause or commits an act that causes:
    (a'ZBodily inEury to the person or another person=
    (A'ZDamage to the property of another person= or
    (c'Z*uAstantial harm to the physical or mental health or safety of a person=
    #)ZZ/he threat is made or the act is committed against an employer, an employee of the employer
    Chile the employee performs the employeeRs duties of employment or a person present at the
    Cor5place of the employer= and
    3)ZZ/he threat Could cause a reasonaAle person to fear that the threat Cill Ae carried out or the act
    Could cause a reasonaAle person to feel terroriIed, frightened, intimidated or harassed)
    (<dded to N+* Ay #%%", #&43'
    N+*Z33)#.%ZZ-erified application for temporary order= contents of application)
    ")ZZ<n employer or an authoriIed agent of an employer Cho reasonaAly Aelieves that harassment
    in the Cor5place has occurred may file a verified application for a temporary order for protection
    against harassment in the Cor5place against the person Cho allegedly committed the harassment)
    #)ZZ/he verified application must include, Cithout limitation:
    (a'Z/he name of the employer see5ing the order=
    (A'Z/he name and address, if 5noCn, of the person Cho allegedly committed the harassment in
    the Cor5place= and
    - 250-
    1
    2
    (c'Z< detailed description of the events that allegedly constituted harassment in the Cor5place
    and the dates on Chich these events occurred)
    (<dded to N+* Ay #%%", #&44'
    N+*Z33)#%ZZNotice of intent to see5 order to Ae provided to 5noCn target of harassment)ZZ7f
    an employer has 5noCledge that a specific person is the target of harassment in the Cor5place and the
    employer intends to see5 a temporary or e1tended order for protection against such harassment, the
    employer shall ma5e a good faith effort to notify the person Cho is the target of the harassment that
    the employer intends to see5 such an order)
    (<dded to N+* Ay #%%", #&4&'
    N+*Z33)#7%ZZ+e3uirements for issuance of temporary or e1tended order= e1piration= right to
    challenge temporary order= aCard of costs and attorneyRs fees to prevailing party= interlocutory appeal
    of e1tended order)
    ")ZZ/he court may issue a temporary order for protection against harassment in the Cor5place if
    it appears to the satisfaction of the court from specific facts shoCn Ay a verified application filed
    pursuant to N+* 33)#.% that harassment in the Cor5place has occurred)
    #)ZZ(1cept as otherCise provided in suAsection 4, a temporary order for protection against
    harassment in the Cor5place must not Ae issued Cithout notice to the person Cho allegedly
    committed the harassment) < temporary order for protection against harassment in the Cor5place
    must not Ae issued Cithout the giving of security Ay the employer in an amount determined Ay the
    court to Ae sufficient to pay for such costs and damages as may Ae incurred or suffered Ay the person
    Cho allegedly committed the harassment if the person Cho allegedly committed the harassment is
    found to have Aeen Crongfully enEoined or restrained)
    3)ZZ/he court may re3uire the employer or the person Cho allegedly committed the harassment,
    or Aoth, to appear Aefore the court Aefore determining Chether to issue the temporary order for
    protection against harassment in the Cor5place)
    4)ZZ< court may issue a temporary order for protection against harassment in the Cor5place
    Cithout Critten or oral notice to the person Cho allegedly committed the harassment or the personRs
    attorney only if:
    (a'Z< verified application is accompanied Ay an affidavit that contains specific facts Chich
    clearly shoC that immediate and irreparaAle inEury, loss or damage Cill result to the employer, an
    employee of the employer Chile the employee performs the duties of the employeeRs employment or
    a person Cho is present at the Cor5place of the employer Aefore the person Cho allegedly committed
    the harassment or the personRs attorney can Ae heard in opposition= and
    (A'Z/he employer and the employerRs attorney, if any, set forth in the affidavit:
    ("'Z/he efforts, if any, that have Aeen made to give notice to the person Cho allegedly
    committed the harassment= and
    (#'Z/he facts supporting Caiver of notice re3uirements)
    .)ZZ< temporary order for protection against harassment in the Cor5place that is granted, Cith or
    Cithout notice, must e1pire not later than ". days after the date on Chich the order is issued, unless
    e1tended pursuant to suAsections and 7)
    - 251-
    1
    2
    )ZZ7f a temporary order for protection against harassment in the Cor5place is granted, Cith or
    Cithout notice, the employer or the employerRs authoriIed agent may apply for an e1tended order for
    protection against harassment in the Cor5place Ay filing a verified application for an e1tended order
    for protection against harassment in the Cor5place) 7f such an application is filed, the temporary order
    remains in effect until the hearing on the application for an e1tended order is held) /he application
    must:
    (a'Z7n addition to the information re3uired Ay suAsection # of N+* 33)#.%, set forth the facts that
    provide the Aasis for granting an e1tended order for protection against harassment in the Cor5place=
    (A'ZBe filed Aefore the e1piration of the temporary order for protection against harassment in the
    Cor5place=
    (c'ZBe heard as soon as reasonaAly possiAle and not later than "% days after the date on Chich the
    application is filed Cith the court unless the court determines that there are compelling reasons to
    hold the hearing at a later date= and
    (d'ZBe dismissed if the court finds that the temporary order for protection against harassment in
    the Cor5place Chich is the Aasis of the application has Aeen dissolved or has e1pired)
    7)ZZ<t the hearing on an application filed pursuant to suAsection , the employer must present
    evidence sufficient to support the granting of the application for an e1tended order for protection
    against harassment in the Cor5place) <t the hearing, the court may:
    (a'ZDissolve or modify the temporary order for protection against harassment in the Cor5place=
    or
    (A'Z@rant an e1tended order for protection against harassment in the Cor5place)
    &)ZZ7f granted, an e1tended order for protection against harassment in the Cor5place e1pires
    Cithin such time, not to e1ceed " year, as the court fi1es)
    9)ZZ:pon # daysR notice to an employer Cho oAtained a temporary order for protection against
    harassment in the Cor5place Cithout notice or on such shorter notice to the employer as the court
    may prescriAe, the person Cho allegedly committed the harassment may appear and move the
    dissolution or modification of the temporary order for protection against harassment in the
    Cor5place) :pon the filing of such a motion, the court shall proceed to hear and determine the motion
    as e1peditiously as the ends of Eustice re3uire) <t the hearing, the court may dissolve, modify or
    e1tend the order)
    "%)ZZ/he court may aCard costs and reasonaAle attorneyRs fees to the prevailing party in a matter
    Arought pursuant to this section)
    "")ZZ7f a court issues an e1tended order for protection against harassment in the Cor5place, an
    interlocutory appeal lies to the district court, Chich may affirm, modify or vacate the order in
    3uestion) /he appeal may Ae ta5en Cithout Aond, Aut its ta5ing does not stay the effect or
    enforcement of the order)
    (<dded to N+* Ay #%%", #&44= < #%%., 9..'
    N+*Z33)#&%ZZ(ffect of temporary or e1tended order= court may not issue order against more
    than one person= contents of order)
    ")ZZ< temporary or e1tended order for protection against harassment in the Cor5place may:
    - 252-
    1
    2
    (a'Z(nEoin the person Cho allegedly committed the harassment from contacting the employer, an
    employee of the employer Chile the employee is performing the employeeRs duties of employment
    and any person Chile the person is present at the Cor5place of the employer=
    (A'Z$rder the person Cho allegedly committed the harassment to stay aCay from the Cor5place
    of the employer= and
    (c'Z$rder such other relief as the court deems necessary to protect the employer, the Cor5place of
    the employer, the employees of the employer Chile performing their duties of employment and any
    other persons Cho are present at the Cor5place)
    #)ZZ< court may not issue a temporary or e1tended order for protection against harassment in the
    Cor5place that is against more than one person)
    3)ZZ< temporary or e1tended order for protection against harassment in the Cor5place must:
    (a'Z*pecify, as applicaAle, the county and city, if any, in Chich the Cor5place of the employer is
    located and in Chich the employees of the employer perform their duties of employment=
    (A'Z7nclude a provision ordering any laC enforcement officer to arrest the person Cho allegedly
    committed the harassment, Cith or Cithout a Carrant, if the officer has proAaAle cause to Aelieve that
    the person has Aeen served Cith a copy of the order and has violated a provision of the order=
    (c'Z*tate the reasons for granting the order= and
    (d'Z7nclude the folloCing statement:

    ?<+N7N@
    /his is an official court order) 7f you disoAey this order, you may Ae arrested and prosecuted for the
    crime of violating an order for protection against harassment in the Cor5place and any other crime
    that you may have committed in disoAeying this order)

    4)ZZ7n addition to the re3uirements of suAsection 3, if the court granted a temporary order for
    protection against harassment in the Cor5place Cithout notice, the order must:
    (a'Z7nclude a statement that the person Cho allegedly committed the harassment is entitled to a
    hearing on the order pursuant to N+* 33)#7%=
    (A'Z7nclude the name and address of the court in Chich the petition for a hearing may Ae filed=
    (c'ZContain the date and hour of issuance=
    (d'ZBe immediately filed Cith the cler5 of the court=
    (e'ZDefine the irreparaAle inEury, loss or damage resulting from the harassment and state Chy it is
    irreparaAle= and
    (f'Z*et forth the reasons for granting the order Cithout notice)
    (<dded to N+* Ay #%%", #&4.'
    N+*Z33)#9%ZZ$rder does not preclude other action)ZZ< temporary or e1tended order for
    protection against harassment in the Cor5place is in addition to and not in lieu of any other availaAle
    - 253-
    1
    2
    civil or criminal action) <n employer is not Aarred from see5ing an order Aecause of other pending
    proceedings)
    (<dded to N+* Ay #%%", #&4'
    N+*Z33)3%%ZZ/ransmittal of copy of order to laC enforcement agency= service and enforcement
    of order= issuance of copies of order)
    ")ZZ< court shall transmit, Ay the end of the ne1t Ausiness day after a temporary or e1tended
    order for protection against harassment in the Cor5place is issued, a copy of the order to the
    appropriate laC enforcement agency that has Eurisdiction over the Cor5place of the employer or the
    areas in Chich the employees of the employer perform their duties of employment)
    #)ZZ/he court may order the appropriate laC enforcement agency to serve the person Cho
    allegedly committed the harassment personally Cith the order if it finds that such service is necessary
    to avoid an act of violence and to file Cith or mail to the cler5 of the court proof of service Ay the end
    of the ne1t Ausiness day after service is made) *ervice of an application for an order, the notice of
    hearing thereon and the order must Ae served upon the person Cho allegedly committed the
    harassment pursuant to the Nevada +ules of Civil ;rocedure)
    3)ZZ< laC enforcement agency shall enforce a temporary or e1tended order for protection against
    harassment in the Cor5place Cithout regard to the county in Chich the order Cas issued)
    4)ZZ/he cler5 of the court that issued a temporary or e1tended order for protection against
    harassment in the Cor5place shall issue a copy of the order to the employer Cho re3uested the order
    and the person Cho allegedly committed the harassment)
    (<dded to N+* Ay #%%", #&4'
    N+*Z33)3"%ZZ+egistration of order= effect of registration= duty of court cler5 to maintain record
    of registered order)
    ")ZZ<n employer or an authoriIed agent of an employer may register a temporary or e1tended
    order for protection against harassment in the Cor5place issued Ay the court of another state Ay
    presenting a certified copy of the order to the cler5 of the court in a Eudicial district in Chich the
    employer Aelieves that enforcement may Ae necessary)
    #)ZZ< temporary or e1tended order for protection against harassment in the Cor5place that is
    registered has the same effect and must Ae enforced in li5e manner as such an order issued Ay a court
    of this state)
    3)ZZ/he cler5 of the court shall maintain a record of each order registered pursuant to this section)
    (<dded to N+* Ay #%%", #&47'
    N+*Z33)3#%ZZ<rrest of person Cho violates order= service of order= duty to note date and time of
    service on copy of order issued to employer)
    ")ZZ?hether or not a violation occurs in the presence of a laC enforcement officer, the officer
    may, Cith or Cithout a Carrant, arrest and ta5e into custody a person if the officer has proAaAle cause
    to Aelieve that:
    (a'Z<n order has Aeen issued pursuant to N+* 33)#7% against the person=
    (A'Z/he person has Aeen served Cith a copy of the order= and
    - 254-
    1
    2
    (c'Z/he person is acting in violation of the order)
    #)ZZ7f a laC enforcement officer cannot verify that the person Cas served Cith a copy of the order
    and the officer is at the Cor5place of the employer, the officer shall serve the person Cith a copy of
    the order if a copy is availaAle)
    3)ZZ< laC enforcement officer Cho serves a person Cith a copy of an order pursuant to
    suAsection # shall note the date and time of such service on the copy of the order that Cas issued to
    the employer)
    (<dded to N+* Ay #%%", #&47'
    N+*Z33)33%ZZ7mmunity for certain persons Cho enforce or refuse to enforce order)
    ")ZZ< court, a laC enforcement officer or any other person Cho enforces a temporary or e1tended
    order for protection against harassment in the Cor5place Aased upon a reasonaAle Aelief that the order
    is valid is immune from civil and criminal liaAility for any action ta5en Aased upon that Aelief)
    #)ZZ< court, a laC enforcement officer or any other person Cho refuses to enforce a temporary or
    e1tended order for protection against harassment in the Cor5place Aased upon a reasonaAle Aelief that
    the order is not valid is immune from civil and criminal liaAility for any action ta5en or not ta5en
    Aased upon that Aelief)
    3)ZZ/he employer of a laC enforcement officer Cho enforces a temporary or e1tended order for
    protection against harassment in the Cor5place Aased upon a reasonaAle Aelief that the order is valid
    or Cho refuses to enforce such an order Aased upon a reasonaAle Aelief that the order is not valid is
    immune from civil and criminal liaAility for any action ta5en or not ta5en Ay the laC enforcement
    officer Aased upon that Aelief)
    (<dded to N+* Ay #%%", #&47'
    N+*Z33)34%ZZ(mployer immune from civil liaAility under certain circumstances= use of actions
    ta5en and statements made Ay employer)
    ")ZZ<n employer is immune from civil liaAility for:
    (a'Z*ee5ing a temporary or e1tended order for protection against harassment in the Cor5place, if
    the employer acts in good faith in see5ing the order= or
    (A'Z0ailing to see5 a temporary or e1tended order for protection against harassment in the
    Cor5place)
    #)ZZ<n action ta5en or a statement made Ay an employer pursuant to N+* 33)#%% to 33)3%,
    inclusive:
    (a'Z*hall not Ae deemed an admission Ay the employer of any fact= and
    (A'Z9ay Ae used for the purposes of impeachment)
    (<dded to N+* Ay #%%", #&4&'
    N+*Z33)3.%ZZ;enalty for intentional violation of order)ZZ< person Cho intentionally violates a
    temporary or e1tended order for protection against harassment in the Cor5place is guilty of a
    misdemeanor, unless a more severe penalty is prescriAed Ay laC for the act that constitutes the
    violation of the order)
    (<dded to N+* Ay #%%", #&4&= < #%%., 9.'
    - 255-
    1
    2
    N+*Z33)3%ZZ6imitations on effect of provisions)ZZ/he provisions of N+* 33)#%% to 33)3%,
    inclusive, do not:
    ")ZZ9odify the duty of an employer to provide a safe Cor5place for the employees of the
    employer and other persons present at the Cor5place of the employer=
    #)ZZ;rohiAit a person from engaging in any constitutionally protected e1ercise of free speech,
    including, Cithout limitation, speech involving laAor disputes concerning organiIed laAor= or
    3)ZZ;rohiAit a person from engaging in any activity Chich is part of a laAor dispute)
    (<dded to N+* Ay #%%", #&4&'
    Coughlin further moves to 3uash or dismiss the Complaints in light of the lac5 of suAEect
    matter and personal Eursidiction and authority to hear this matter given the +eno Bustice Court and
    ?CD<4s $ffice has Eursidiction, it Cas properly attached, and not divested, and the +9C pic5ign this
    up noC is tantamoutn to douAle Eeopardy:
    K 434) Burisdiction, properly attached, not divested ?est4s Gey NumAer Digest ?est4s Gey NumAer
    Digest, Criminal 6aC 5&3, &4, 9& to "%%, "%# to "%., #%7 /here is a presumption against divesting a
    court of its Eurisdiction once it has properly attached, and any douAt is resolved in favor of retaining
    Eurisdiction)L0N"M $nce a court has ac3uired Eurisdiction, no suAse3uent error or irregularity Cill
    remove that Eurisdiction, so that a court may not lose Eurisdiction Aecause it ma5es a mista5e in
    determining either the facts, the laC, or Aoth)L0N#M *uAEect matter Eurisdiction folloCs the defendant
    through the issuance of the complaint, arrest pursuant to the Carrant, the initial appearance, the
    setting or denial of Aond at a Aond hearing, and the preliminary hearing, arraignment, and trial)L0N3M
    ?here a court determines that a defendant is unfit to stand trial and suspends proceedings against him
    or her, the court does not lose Eurisdiction)L0N4M L0N"M ;eople v) -eling, 443 9ich) #3, .%4 N)?)#d
    4. ("993') L0N#M ;eople v) Davis, ". 7ll) #d "49, "&9 7ll) Dec) 49, "9 N)()#d 7.% ("993') L0N3M
    0erguson v) *tate, #7 Gan) 4#&, 7& ;)3d 4% (#%%3', as modified, (Nov) "#, #%%3') L0N4M 9auppin v)
    *tate, 3%9 <r5) #3., &3" *)?)#d "%4 ("99#')
    0rom #%%& Nevada Court4s of 6imited Burisdiction Bench Boo5 (Cith #%"% *upplement':
    *ection # P ;rotective $rders
    Chapter S ;+$/(C/7-( $+D(+*
    )))
    2"
    7N/+$D:C/7$N
    )))))))))))))))))))))))))))))))))))))))))))))))))))))))))))))))))))))))))))))))))))))))))))))
    2#
    (6(9(N/* <ND ;+$C(D:+( 0$+ 7**:<NC( $0 < ;+$/(C/7$N $+D(+ <@<7N*/
    (6(9(N/* <ND ;+$C(D:+( 0$+ $+D(+* <@<7N*/ */<6G7N@ <ND 8<+<**9(N/
    (6(9(N/* <ND ;+$C(D:+( 0$+ 7**:<NC( $0 < ;+$/(C/7$N $+D(+
    (6(9(N/* <ND ;+$C(D:+( 0$+ 7**:<NC( $0 < ;+$/(C/7$N $+D(+ <@<7N*/
    <;;67C<B6( */</:/(* <ND C<*( 6<?
    )))))))))))))))))))))))))))))))))))))))))))))))))))))))))))
    23
    D$9(*/7C -7$6(NC(
    - 256-
    1
    2
    ))))))))))))))))))))))))))))))))))))))
    23
    Burisdiction
    ))))
    23
    <pplication
    ))))
    24
    7ssuing the order
    ))))))))))))))))))))))))))))))))))))))))))
    24
    ;oCer of the court
    ))))))))))))))))))))))))))))))))))))))))
    2.
    (nforcement of a protection order against domestic violence
    ))))))))))))))))))))))))))
    2
    Dissolving or modifying a protection order
    ))))))
    2
    ))))))))))))))))))))))
    27
    <pplication and procedure
    )))))))))))))))))))))))))))))
    27
    (1tending the order
    ))))))))))))))))))))))))))))))))))))))
    27
    /he order
    )))))
    27
    ;enalties for violation
    ))))))))))))))))))))))))))))))))))))
    2&
    ;(/7/7$N(D B> < ;<+(N/ <@<7N*/ 8<+9 /$ < C876D
    )))))))))))))))))))))))))))))))))))
    29
    <ppropriate parties
    )))))))))))))))))))))))))))))))))))))))
    29
    ;oCer of the court
    ))))))))))))))))))))))))))))))))))))))))
    29
    Notice to adverse party
    )))))))))))))))))))))))))))))))))
    29
    - 257-
    1
    2
    /he order itself must
    ))))))))))))))))))))))))))))))))))))
    29
    ;enalties for violating an order against harm to minors
    )))))))))))))))))))))))))))))))))
    2"%
    8<+<**9(N/ 7N /8( ?$+G;6<C(
    ))))))))))))))))
    2"%
    <pplication
    ))
    2"%
    7ssuance of order
    )))))))))))))))))))))))))))))))))))))))
    2""
    7ssuing an e1tended order of protection against harassment in the Cor5place 2""
    iii
    /aAle of Contents
    <DD7/7$N<6 ;(N<6/7(* 0$+ -7$6</7$N $0 <66 ;+$/(C/7$N $+D(+*
    ))))))))
    2"#
    B:+7*D7C/7$N
    ))))))))))))))))))))))))))))))))))))))))))))))
    2"#
    0:66 0<7/8 <ND C+(D7/
    )))))))))))))))))))))))))))))))
    2"3
    ;+$/(C/7$N $+D(+* <ND 07+(<+9*!<99:N7/7$N
    ))))))))))))))))))))))))))))))))))))
    2"3
    0$+9*
    ))))))))))
    2"4
    C$9;<+7*$N $0 ;+$/(C/7$N $+D(+* 7N N(-<D<
    ))))))))))))))))))))))))))))))))))))))
    2".
    Note: < Cor5place violence protection order may not Ae issued if respondent is engaged in a
    constitutionally protected activity or legitimate laAor dispute) CC; K.#7)&(c'
    Chapter 7 ?$+G;6<C( -7$6(NC( ;+$/(C/7-( $+D(+ (CC; K.#7)&'
    7) LK7)"M <pplicaAility
    77) LK7)#M ;arties ;rotected
    777) LK7)3M <pplicants 7-) LK7)4M +e3uirements
    -) LK7).M *tandard of ;roof
    -7) LK7)M /ime of <vailaAility
    -77) LK7)7M $rders 7ncludaAle in ?or5place -iolence ;rotective $rder
    - 258-
    1
    2
    -777) LK7)&M Duration of $rder
    7U) LK7)9M *ervice of $rder U) LK7)"%M Delivery of Copy of $rder= CourtRs +esponsiAility
    U7) LK7)""M 0irearms +estrictions
    ) LK7)"#M (nforcement of ?or5place -iolence ;rotective $rder U777) LK7)"3M $ther 6egal and
    ;rocedural Considerations
    Q+ichard @) 8ill, (s3)
    .# 0orrest *t)
    +eno, N- &9.%3
    /el: 77. 34& %&&&
    0a1: 77. 34& %&.&
    Banuary "4, #%"#
    -7< (9<76 $N6> patric55`nvAar)org
    ;atric5 Ging, (s3)
    <ssistant Bar Counsel
    *tate Bar of Nevada
    94. DouAle +) Blvd)
    +eno, Nevada &9.#"
    +e: Zachary B) Coughlin, (s3)
    Nevada Bar No) 9473
    9r) Ging:
    >ou and 7 have previously discussed 9r) Coughlin) 9r) Coughlin, due to his mental
    instaAility, lac5 of integrity, and complete incompetence, constitutes a danger to the puAlic if he is
    alloCed to continue to practice laC) /his letter is Critten to discharge my and my associate4s reporting
    oAligations under +;C &)3) ;lease consider the folloCing:
    ") +issone v) @essin, C-7$2%"34") <lthough not among 9r) Coughlin4s most
    significant ethical violations, it presents a good microcosm of his derelictions) 9r) @essin Cas a
    client of our office) 8e defrauded the plaintiff, as is his modus operandi in dealing Cith Comen)
    <ppro1imately one year after Eudgment Cas entered and the case concluded, 9r) Coughlin interEected
    himself in the case on Aehalf of @essin, trying to collect on a sanction aCard against opposing
    counsel) 7t turns out that Aecause he had filed Aan5ruptcy, @essin no longer oCns this claim) 7f you
    loo5 at the file, you Cill see that Coughlin appeared and then filed a AiIarre Dpartial CithdraCalD
    document on DecemAer &, #%"")
    *uAse3uent to that time, Coughlin has Aeen ghostCriting documents that purport to Ae
    from @essin, individually, and e2filing them for @essin) 8e is using the D!s!D for @essin4s signature)
    /hese are clearly not docunlents that are signed or prepared Ay 9r) @essin, and the fact that
    - 259-
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    someAody (Coughlin' e2files them confirms he is ghostCriting Cithout the re3uired disclosure) 7n
    addition, it appears that Coughlin has facilitated the of Chat nlay Ae a fraudulent Aan5ruptcy on
    Aehalf of @essin) Coughlin4s lac5 is demonstrated in the @essin case Ay the fact that he does not effect
    on the oCnership of @essin4s potential claims from @essin having filed a Aan5ruptcy, (6e), the claims
    noC Aelong to the Aan5ruptcy trustee, not @essin)'
    <s Cith all of the matters referenced AeloC, 7 strongly suggest that you contact the *econd
    Budicial District Court and get e2filing access to the cases mentioned so you can loo5 at the
    documents yourself) @lade 8all, (s3), is opposing counsel in that case and may Ae of help to you)
    #) 7 am informed and Aelieve that 9r) Coughlin Cas recently convicted of a theft crime in +eno
    9unicipal Court) 7 am further informed that the matter arises out of shoplifting at ?almart) /hat case
    is presently on appeal to the district court in case numAer C+""2#%4) 9r) Coughlin is representing
    himself)
    43) 9r) Coughlin is presently facing criminal charges regarding the theft of an i;od) /hat is pending in
    +eno Bustice Court as case numAer +C+#%""2%334") 7 have revieCed the file) 9r) Coughlin got into
    some sort of argument Cith his puAlic defender) <s a result, he Cas referred out for a competency
    evaluation)
    4) ?e represent Dr) 9attheC 9erliss, a physician from Chico, California) Dr) 9erliss oCns the
    property at "#" +iver +oc5 *treet, +eno, Nevada) Beginning in 9arch #%"%, the property Cas leased
    to 9r) Coughlin and his then2girlfriend) /he lease e1pired in 0eAruary #%"") /he girlfriend left the
    community in appro1imately 9ay #%"") Dr) 9erliss contacted us in appro1imately <ugust #%"" to
    assist in e)icting 9r) Coughlin) Coughlin had not paid rent or utilities since 9ay) 8e contended that
    there Cere haAitaAility issues Cith the property that Eustified his Cithholding rent) <ll of his claims
    Cere decided adversely to his position at the e)iction hearing) Bustice of the ;eace ;eter *feraIIa
    ordered Coughlin e)icted from the premises effective NovemAer ", #%"") $n that date, the ?ashoe
    County *heriffs Department performed their normal e)iction procedure: loc5s Cere changed and the
    e)iction notice Cas posted on the front door) ?e videotaped the home and its contents at that time)
    :pon inspection over the ne1t feC days, it Aecame apparent that DsomeAodyD Cas Area5ing into the
    home on a regular Aasis)
    $n *unday, NovemAer "3, #% "", Dr) 9erliss came to toCn, and 7 met him at the home on
    +iver +oc5 *treet) <s Ce Cal5ed through the home, it Cas oAvious that someone had Aeen in there
    since 7 had last Aeen in several days Aefore) Dr) 9erliss discovered that the Aasement door Cas
    Aarricaded (not loc5ed' from the inside) /he +eno ;olice Department Cas summoned) /hey tried to
    coa1 Choever Cas in the Aasement out, Cithout success) <fter Dr) 9erliss had to 5ic5 the door doCn,
    it DCas discovered that 9r) Coughlin had Aro5en in and Cas in the Aasement) 8e Cas arrested and is
    presently facing criminal trespass charges in +eno 9unicipal Court) *ee case no) "" C+ #4%. #")
    8e is also facing a contempt motion in front of Budge *feraIIa in the e)iction case) Budge *feraIIa
    has stayed that matter pending the resolution of the criminal trial) /hat Cas scheduled for Banuary "%,
    #%"#, Aut Cas continued at the re3uest of 9r) Coughlin4s neC attorney)
    .) /he e)iction order is noC on appeal to the *econd Budicial District Court) *ee case C-l"2o3#&,
    pending in Department 7) <s part of the e)iction process, a lien Cas asserted against the personal
    property that Coughlin left Aehind at the home) $n NovemAer ", #%"", Coughlin filed a motion to
    contest the landlord4s lien in the +eno Bustice Court) /he court tried to promptly set a hearing, Aut
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    Coughlin refused to cooperate in setting the matter, and the court too5 it off calendar) Coughlin then
    reinitiated that process and a hearing Cas held in DecemAer, at Chich time the court heard evidence
    of Coughlin4s lac5 of cooperation in setting the NovemAer hearing) >ou may also Cant to contact
    +eno Bustice Court staff, and in particular, chief cler5 Garen *tancil, aAout 9r) Coughlin4s aAusive
    treatment of her and her staff) <fter the hearing, the court issued an $rder granting Coughlin a tCo2
    day time CindoC to remove his personal property) /he first day Cas /hursday, DecemAer ##, #% "")
    <fter Coughlin Cas alloCed into the home that first day, he sent out an e2mail to the effect that
    Aecause he had appealed Budge *feraIIa4s order, he Cas entitled to a stay of proceedings and Cas to
    resume in the home) <s a result, he did very little to remove any of his personal property that day) $n
    0riday, DecemAer #3, #%"", after he learned, again, that his stay had Aeen denied, Coughlin
    assemAled a small creC and they Cere aAle to remove a suAstantial amount of his personal property)
    (>ou need to understand that 9r) Coughlin is a hoarder) ?e have the photos and videos if you Could
    li5e to see them)' 8oCever, 9r) Coughlin did not get all of his property out) 0or e1ample, 7 counted
    "3 car seats that he had somehoC managed to get doCn into the Aasement)
    8aving failed to remove all of his Aelongings, 9r) Coughlin then moved Aefore Budge
    0lanagan for a temporary restraining order to prevent the disposal of his aAandoned property in
    accordance Cith Budge *feraIIa4s order) <ttached is 9r) Coughlin4s motion, my office4s opposition,
    and 9r) Coughlin4s reply) /hese documents demonstrate 9r) Coughlin4s complete and utter
    incompetence as an attorney) $n Banuary "", #%"#, Budge 0lanagan denied 9r) Coughlin4s re3uest for
    a temporary restraining order) $n Banuary "#, #%"", the contractor hired to clean the house
    commenced Cor5) 9r) Coughlin flagged the contractor doCn in traffic Chen he (the contractor' Cas
    on his Cay to the dump Cith the aAandoned property from the home) Coughlin called the police, Cho
    arrived at the transfer station) Coughlin Cas falsely asserting that the contractor had tried to run hin"
    over) 8e also told the police that the contractor had stolen his possessions) <fter 7 presented the court
    orders to the police, the contractor Cas alloCed to proceed) <t their instruction, 7 have noC had a
    /;$ issued against Coughlin Ay +eno Bustice Court)
    8oCever, Aefore the contractor could get Aac5 to the +iver +oc5 house, Coughlin Cas there)
    8e had his video camera and Cas Cal5ing up and doCn the street screaming and yelling at police, at
    the contractor, and at me, Chen 7 arrived) 9r) Coughlin ended up Aemg arrested and ta5en to Eail) /he
    police informed me that Aecause of the numAer and types of contacts they have had Cith him, he is no
    longer eligiAle for citations in the event of infractions)
    (nclosed you Cill find a copy of a supplemental document filed Ay 9r) Coughlin on Banuary
    "3, #%"#, and sent to my staff and 7 Ay email from Coughlin that morning) ;lease note that the
    attorney designation on the first page indicates that it is Aeing filed Ay Coughlin as appellant) >ou Cill
    note that the caption is from a different case) 7t is unclear in Chich case 9r) Coughlin intended to file
    this document, although, Aecause of the case numAer and the caption, it appears to have ultimately
    Aeen routed to the Carpentier case (C-$B2%"7%9' and not the e)iction appeal case (C-""2%3#B') 7
    am told that counsel in the captioned case may also Ae in the process of filing a Aar complaint against
    Coughlin)
    - 261-
    1
    2
    ) ?hen the house Cas secured after Coughlin4s arrest, Ce found a crac5 pipe and a Aag of Chat
    appeared to Ae mariEuana) /he contractor also reported finding a Ao1 of pills and a vial of some sort)
    ?e understand Coughlin has unsuccessfully tried the 6aCyers Concerned for 6aCyers program, and
    that he has a history of suAstance proAlems)
    7) 9r) Coughlin has filed tCo laCsuits against his former employer, ?ashoe 6egal *ervices) 8e has
    sued all of the Aoard of directors and the management of the company) Both cases have noC Aeen
    dismissed) Both cases demonstrate his lac5 of competence) 7 suggest you contact Boseph @arin, (s3),
    in 6as -egas, as he Cas counsel for the defendants in that case) >ou may Cant to contact ;aul
    ("cano, (s3), the director of ?ashoe 6egal *ervices)
    &) 9r) Coughlin has a haAit of initiating cases and as5ing to proceed in forma pauperis) 8e has done
    so in cases against me, my office, my client, and ?ashoe 6egal *ervices) >ou Cill find them if you
    run a search for Coughlin Z on the *econd Budicial District Court CeAsite) /he courts that have
    revieCed the documents have generally denied his re3uests) ?hat is of note is that his representations
    in the applications to proceed in forma pauperis are inconsistent Wvith and contrary to the
    representations that he has made to Budge 0lanagan in the conte1t of see5ing a temporary restraining
    order) $n the one hand, he tells the court he is Aro5e and has no property, and on the other hand, he is
    telling the court that he has a great deal of valuaAle property at the home that needs to Ae protected)
    /his demonstrates a gross lac5 of candor Cith the triAunals Cith Chich he deals)
    9) Coughlin has also tried to file a case against me, 7ny associate, my client, and others, including the
    +eno Bustice Court) 7t is also to Ae found on the CeAsite) Budge *teinheimer has ruled that he did not
    comply Cith N+C; &)
    "%) Coughlin4s Aehavior Cas unusual to start, and has Aecome more and more AiIarre during the Ce
    have Aeen dealing Cith him) 8e serves papers he does not file, and files does not serve) 8e
    consistently signs certificates of service that he has mailed to us, Aut Ce have never received from
    him Ay mai") 8e has posted videos of the e)iction service attempts and parts of the trial on >ou/uAe,
    including some recordings he secretly made in court Cith his cellphone)
    "") <nother e1ample of his incompetence is that he does not understand Chat orders are, and are not,
    appealaAle) 8e does not understand that filing a notice of appeal divests the loCer court of
    Eurisdiction) 7 am confident that once you loo5 into this matter, you Cill agree that 9r) Coughlin
    should not Ae practicing laC) 8e is a danger to the community) *incerely, !*! +ichard @) 8ill
    +@8:5n
    (nclosures:
    2Coughlin <mended (mergency 9otion for +estraining $rder
    29erliss $pposition to 9otion for /+$
    2Coughlin +eply to $pposition to 9otion for /+$
    2*uppleinental +eply to $pposition dated "!"3!"#Y
    +ichard @) 8ill has served on the City of +eno4s CitiIen4s <dvisory Board and may still Ae
    doing so)
    - 262-
    1
    2
    $R#O797(77&OOContents of summons(OOThe summons shall be in the same form as the
    warrant e;cept that it shall summon the defendant to appear before a magistrate at a stated time
    and place(
    /he *ummons in Aoth 39"3 and 39"4 fail to comply Cith the aAove tCo statutes in that they
    fail to conform to the the re3uirement that such Ae Qin the same form as the CarrantY and is not Qin
    the name of the *tate of NevadaY, Aut rather Qthe City of +enoY, as such the issuance of such
    summons is not even Eurisdictionally authoriIed)
    Q$+D(+* 0$+ ;+$/(C/7$N <@<7N*/ 8<+<**9(N/ 7N ?$+G;6<C(
    N+*Z33)#%% Definitions)
    N+*Z33)#"% Q(mployeeY defined)
    N+*Z33)##% Q(mployerY defined)
    N+*Z33)#3% Q$rder for protection against harassment in the Cor5placeY defined)
    N+*Z33)#4% <cts that constitute harassment in Cor5place)
    N+*Z33)#.% -erified application for temporary order= contents of application)
    N+*Z33)#% Notice of intent to see5 order to Ae provided to 5noCn target of harassment)
    N+*Z33)#7% +e3uirements for issuance of temporary or e1tended order= e1piration= right to
    challenge temporary order= aCard of costs and attorneyRs fees to prevailing party= interlocutory appeal
    of e1tended order)
    N+*Z33)#&% (ffect of temporary or e1tended order= court may not issue order against more
    than one person= contents of order)
    N+*Z33)#9% $rder does not preclude other action)
    N+*Z33)3%% /ransmittal of copy of order to laC enforcement agency= service and
    enforcement of order= issuance of copies of order)
    N+*Z33)3"% +egistration of order= effect of registration= duty of court cler5 to maintain
    record of registered order)
    N+*Z33)3#% <rrest of person Cho violates order= service of order= duty to note date and time
    of service on copy of order issued to employer)
    N+*Z33)33% 7mmunity for certain persons Cho enforce or refuse to enforce order)
    - 263-
    1
    2
    N+*Z33)34% (mployer immune from civil liaAility under certain circumstances= use of
    actions ta5en and statements made Ay employer)
    N+*Z33)3.% penaty for intentional violation of order)
    N+*Z33)3% 6imitations on effect of provisions)Y
    N+*Z"7")""4ZZ(1ecution of Carrant and service of summons: By Chom)ZZ/he Carrant shall Ae
    directed to and e;ecuted by a peace officer( The summons may be served by any person authoriEed
    to serve a summons in a civil action(
    City of +eno 9arshal Coppa indicated he intended to file a return of service of the summons
    upon allegedly handing the QCertificate of ;roduction of DocumentsY to Coughlin in Aoth 39"3 and
    39"4 Eust after Coughlin suAmitted for filing his 4!"7!"3 filing in Aoth cases) City of +eno 9arshal
    Coppa is Qa partyY or otherCise not an appropriate person to serve such summons as he Could not Ae
    authoriIed to do so in a civil action incident to the courthouse sanctuary rule and the immunity
    afforded to litigants and attorneys (Coughlin 3ualifies as Aoth' Chile attending court, and the privlege
    against arrest afforded attorney4s Chile going to and from court, Chich Coughlin has on numerous
    occasions placed the +9C on notice of his assertions thereof in a Alan5et manner and manifest a non2
    Caiver thereto in all regards)
    N+*Z"7")""ZZ?hen magistrate may depute person to act as constaAle)ZZ< magistrate may
    depute in Criting any suitaAle and discreet person to act as constaAle Chen no constaAle is at hand
    and the nature of the Ausiness re3uires immediate action)
    /he +9C may not depute its oCn 9arshals to serve summons for the same 9unicipality for
    Chich it serves as a court, especially Chere such purported service ta5es place Cithin the very
    courtroom and at the same time, as the arraignment on such matter)
    N+*Z"7")"##ZZ9anner in Chich e1ecution of Carrant and service of summons are made=
    issuance of citation in lieu of e1ecution of Carrant of arrest)
    ")ZZ(1cept as otherCise provided in suAsection #, the Carrant must Ae e1ecuted Ay the arrest of
    the defendant) /he officer need not have the Carrant in the officerRs possession at the time of the
    arrest, #ut upon re>uest the officer must sho! the !arrant to the defendant as soon as possi#e,
    If the officer does not ha)e a !arrant in the officerFs possession at the time of the arrest, the
    officer sha then inform the defendant of the officerFs intention to arrest the defendant, of the
    offense charged, the authority to ma"e it and of the fact that a !arrant has or has not #een
    issued, The defendant must not #e su#6ected to any more restraint than is necessary for the
    defendantFs arrest and detention, If the defendant either flees or forciAly resists, the officer may,
    e1cept as otherCise provided in N+* "7")"4.., use all necessary means to effect the arrest)Y
    <Asolutely no reason for +;D ?addel to point a gun at Coughlin4s head from four feet aCay
    prior to even announcing his presence as a laC enforcement officer or ma5ing any command, order,
    or re3uest to Coughlin)
    Neither the complaint nor summons state any facts or allegations sufficient to ma5e any
    finding Cith respect to Chether the individual mentioned as providing the *BN a purported filing of
    "!3!"3 Cas Qan agentY of Coughlins (the ma5e of the vehicle mentioned is not even specific, nor any
    - 264-
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    2
    identifying characteristics or descriptives' nor any allegation as to Chere any such fa1 of "!"7!"3
    emanated from (inside or outside the state, etc' or Chy a fa1 allegedly Q$n Banuary "7, #%"3, the
    Nevada *tate Bar received a 37" page fa1 Cith a cover page documenting
    it coming from DIachcoughlin)D The fa; was stopped prior to completionY, Cithout more, and
    Cithout any indication as to the investigation underta5en to reveal Chether or not such Cas indeed
    sent Ay Coughlin)
    /he 3!7!"3 <mended Criminal Complaint (apparently Ay QBrian *ooudiY though not such
    type or handCritten indication is present ne1t to the signature thereon)))though *ooudi did state to
    Coughlin that he did not Cant to file such Complaints Aut that Chief Deputy +C< ?ong Qmade himY
    do it even though a patent +;C 3)& violation is evinced Ay his so doing' contradicts +;D >turAide4s
    Declaration as to hoC much of said Q37" page fa1Y Cas QreceivedY, Chere the <mended Criminal
    Complaint reads:Q$n Banuary "7, #%"3, the Nevada *tate Bar received a I13 page fa6 Cith a cover
    page documenting it coming from DIachcoughlin)Y
    0urther, +;D >turAide4s Declaration is disturAing on a numAer of levels Chere it indicates:
    QQ$n Banuary "7, #%"3, the Nevada *tate Bar received a 37" page fa1 Cith a cover page documenting
    it coming from DIachcoughlin)D The fa; was stopped prior to completionY in that it alternately
    indicates such Q37" page fa1Y Cas QreceivedY only to then, apparently, announce that the *BN!$BC
    interferred Cith a criminal investigation Ay ensuring that Qthe fa1 Cas stopped prior to completionY
    over and aAove any violation of +;C 3)4 attendant to ;at Ging4s involvement in such oAstructionist
    tactics and the failure to aAide Ay the duties and responsiAilities place upon her as to QCler5 of Court
    6aura ;etersY Chere the $BC!*BN alleges they Aelieve such fa1 Cas from Coughlin)
    /o maintain a K "9&3 false arrest claim for Eudicial deception, a plaintiff must shoC that an
    officer Cho applied for an arrest Carrant deliAerately or rec5lessly made false statements or
    omissions that Cere material to the finding of proAaAle cause) :)*)C)<) Const)<mend) 4= 4# :)*)C)<)
    K "9&3) *mith v) <lmada, #3 0)3d "%7& (9th Cir) #%"%')
    <* it stand, anytime anyone sends the *BN a fa1 Cith the Cords: from: IachcoughlinY
    Coughlin can Ae arrested Ay the +;D (after they point a gun at his head for no good reason' and
    charged Cith a felony epo violation re3uiring a suAstantial amount of AailF *uch is not Eust)
    0urther, it is trouAling that the *BN sees fit to underta5e that Chich Cill ensure that Qthe fa1
    Cas stopped prior to completionY, particularly given the duties and responsiAility place upon QCler5
    of CourtY 6aura ;eters and that fact that she has held out the *BN4s fa1 numAer as that to Chich
    filings may Ae transmitted, and that such filings Could Ae file stamped in Ay the *BN!$BC)
    7t is res Eudicata or laC of the case that +;D >truAide4s #!##!"3 QD(C6<+</7$N 7N
    *:;;$+/ $0 <++(*/ ?<++<N/!*:99$N*Y did not satisfy to issue a Carrant (as the #!&!"3
    <rrest +eport indicates no Carrant Cas involved in the arrest) <s such, and purported finding Ay
    Budge 8oCard (Chom continued his ""!3%!"" aAuse of the contempt poCer at the 4!"7!"3
    arraignment in 39"3 and 39"4, refusign to alloC Coughlin to preserve for the record the fact that he
    Cas not Caiving any of his oAEections to the various Aasis for his motion to 3uash, dismiss, failure to
    state a claim, lac5 of personal and suAEect matter Eurisdiction, failure to allege sufficient facts to
    support such a charging, failure to allege facts amounting to a crime, etc))
    N+*Z"7")"%#ZZComplaint defined= oath or declaration re3uired)ZZ/he complaint is a Critten
    statement of the essential facts constituting the puAlic offense charged) 7t must Ae made upon:
    ")ZZ$ath Aefore a magistrate or a notary puAlic= or
    #)ZZDeclaration Chich is made suAEect to the penaty for perEury
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    2
    N+*Z.3)%4.ZZ:se of unsCorn declaration in lieu of affidavit or other sCorn declaration=
    e1ception)ZZ<ny matter Chose e1istence or truth may Ae estaAlished Ay an affidavit or other sCorn
    declaration may Ae estaAlished Cith the same effect Ay an unsCorn declaration of its e1istence or
    truth signed Ay the declarant under penaty of perEury, and dated, in suAstantially the folloCing form:
    ")ZZ7f e1ecuted in this *tate: Q7 declare under penaty of perEury that the foregoing is true and
    correct)Y
    (1ecuted on))))
    (date' (signature'
    ?hoever signed the Complaint failed to state the necessary language that the declarant
    QAelieves them to Ae trueY as to those matters stated upon information and Aelief:
    Q7 have read the foregoing [[[[[[[[[, and the factual averments contained therein are true and
    correct to the Aest of my 5noCledge, e1cept as to those matters Aased on information and Aelief, and
    as to those matters, 7 believe them to be true)Y appears to Ae re3uired) See )wad v- .right, "%) /he
    <mended Criminal Complaint suffers to same deficiency))
    /he issuance of the summons and any finding or ruling Ay Budge 8oCard that Qit appears
    from the complaint or a citation issued pursuant to N+* 4&4<)73%, 4&&)9#% or .%")3&, or from an
    affidavit or affidavits filed Cith the complaint or citation that there is proAaAle cause to Aelieve that
    an offense, triaAle Cithin the county, has Aeen committed and that the defendant has committed itY
    must Ae set aside given the apparent dis3ualification of Budge 8oCard resulting in Aoth matters,
    Chich Cere originally assigned to Department 4, Aeing transferred to Department ") 0urther, there is
    simply not enough averred to support a finding of proAaAle cause, and even if everything averred
    Cere true, such fails to state a criminal violation, particularly Chere Coughlin Cas at all relevant
    times engaged in litigation Cith the *tate Bar of Nevada, and in N@"#2%#%4,%434,%43., Chere post2
    hearing 9otions and filings Cere permitted e1pressly Ay Chair (cheverria, narroC deadlines involved
    incident to the "#!"4!"# 0$0C$6, and e1press permission to fa1 file pursuant to *C+ "%.(4', NNDB
    Chairman *usich4s 7!#7!"# Critten indication to Coughlin, and the $BCYs 6aura ;eters QCler5 of
    CourtsY e1press declaration to Coughlin that he Cas permitted to so fa1 file, Chich neither the
    NNDB, ;anel, or *BN ever retracted or otherCise disputed) /he +C< provides aAsolutely no support
    for the implicit contention that QcontactingY includes doing that Chich one has a laCful claim of right
    to do, ie, file documents in Eudicial proceedings or administrative licensure hearings Aefore in the
    *BN pursuant to *C+ 99, effectively functioning as the QcourtY and office of the prosecutor)
    Coughlin hereAy re3uests copies of any Carrant and application and supporting materials
    thereto connected to the #!##!"3:
    QD(C6<+</7$N 7N *:;;$+/ $0 <++(*/ ?<++<N/!*:99$N* ") /hat declarant is a
    Detective Cith the +eno ;olice Department) #) /hat this unsCorn declaration in lieu of an affidavit or
    other sCorn declaration is made pursuant to N+* .3)%4.) 3) That on or about )anuary 79, &:72, at
    or near ?+8% !ouble R 'lvd(, within the City of Reno, #tate of $evada, the defendant, Pachary
    Coughlin, did unlawfully commit the crime of violation of protection order for harassment in the
    workplaceQ /he +eno Bustice Court issue an (1tended $rder for the ;rotection <gainst 8arassment
    in the ?or5place on Banuary 4, #%"3, Cith an e1piration date of Banuary 4, #%"4) The !efendant was
    served this Order on )anuary 8, &:72( This Order prohibited the !efendant or an agent of the
    !efendant from contacting the #tate 'ar of $evada by any means including facsimile @fa;A( On
    - 266-
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    2
    )anuary 79, &:72, the $evada #tate 'ar received a 297 page fa; with a cover page documenting it
    coming from FEachcoughlin(F The fa; was stopped prior to completion( $n 0eAruary &, #%"3, 7
    contacted and arrested the Defendant for the aAove violation as a felony in +eno Bustice Court) The
    4ashoe County !istrict Attorney5s Office reviewed the case and stated that the violation is a
    misdemeanor and the proper court of jurisdiction is the Reno -unicipal Court) 4) 7 hereAy re3uest
    that a Carrant!summons Ae issued for the arrest or court appearance of Zachary Coughlin to ansCer to
    the charge) 7 declare under penaty of perEury that the foregoing is true and correct) Dated this ##
    nd
    day of 0eAruary, #%"3 !s! /om >truAideY)
    /he <Aove Declaration fails to identify 9r) >turAide as a laC enforcement officer or someone
    Cith the re3uisite authority to so see5 such a Carrant!summons) 7t is similarly deficient Cith regard
    to its failure to include to QAelief them to Ae trueY language) <Cad)
    0urther, the #!&!"3 Q<rrest +eport and Declaration of ;roAaAle CauseY indicates that no
    Carrant Cas involved in ma5ing the #!&!"3 arrest, during Chich the +;D trespassed through a closed
    Aac5 yard gate at Coughlin4s residence Cith guns draCn and pointed such guns at Coughlin head, one
    at a distance of no more than four feet, prior to issuing any identification of themselves as police
    officers or otherCise re3uesting Coughlin to comply Cith an order) +;D $fficer ?addel faile to
    dispute any allegatio that he did not 5noC if the person Chose head he Cas pointing a gun at from
    four feet aCay Cas Coughlin or not until he heard Coughlin4s voice, Chich he recalled from a
    previous telephone conversation Cith Coughlin) /he +;D then failed to list +;D ?addel as one of
    the arresting officers, and detective >turAide is hardly the arresting officer)
    /he #!&!"3 Q<rrest +eportY lists the charged offense as N+* #%%).9")., though it only lists
    and offense date of Q"!3!"3Y and a case ] of Q"32"%%3%Y Chich is the numAer for the online police
    report Ay the *BN alleging a violation of the /;$, Chich the +9C, +eno City <ttorney, ?CD<4s
    $ffice, +BC, and +eno ;olice Department have all refused to provide Coughlin, as has Aeen the case
    Cith the police report, includign Citness statements and the QnarrativeY for Aoth the /;$ and (;$
    arrest) *o far, Coughlin has only Aeen provided the Q<rrest +eport and Declaration of ;roAaAle
    CauseY for the gross misdemeanor /;$ arrest, Chich contains aAsolutely no allegation sufficient to
    support a gross misdemeanor charge incident to the allegations listed therein of a violation of a
    Cor5place harassment /;$, especially Chere the <rrest +eport lists the Crong offense for that
    charged, listing a Qstal5ing and harassmentY statutory protection order provision in N+* #%%).9").
    instead of N+* 33)%.%, the statutory Aasis for the QCor5place harassmentY protection order issued in
    +C;"#2%7, as to either the "#!#%!"# /;$ or the "!4!"3 (;$)
    <cts that constitute Qharassment in the Cor5placeY (N+* 33)#4%' = the *BN and $BC failed to put up
    the security! Aond re3uired pursuant to N+* 33)#7%, the penaty for a violation of such a DCor5place
    harrassmentD /;$ or (;$ is a misdemeanor unless more severe penaty is provided Ay laC, N+*
    33)3.%, and no facts or laC had Aeen cited to support any such Dmore sever penatyD to support the
    charging of a gross misdemeanor for the alleged /;$ violation and a felony for the alleged (;$
    violation) Coughlin see5s his costs and attorney4s fees incident to challengign such pursuant to N+*
    33)#7%)
    QN+*Z"7")"%ZZ7ssuance of Carrant or summons upon complaint or citation)ZZ7f it appears from the
    complaint or a citation issued pursuant to N+* 4&4<)73%, 4&&)9#% or .%")3&, or from an affidavit or
    affidavits filed Cith the complaint or citation that there is proAaAle cause to Aelieve that an offense,
    triaAle Cithin the county, has Aeen committed and that the defendant has committed it, a Carrant for
    the arrest of the defendant shall Ae issued Ay the magistrate to any peace officer) :pon the re3uest of
    the district attorney a summons instead of a Carrant shall issue) 9ore than one Carrant or summons
    - 267-
    1
    2
    may issue on the same complaint or citation) 7f a defendant fails to appear in response to the
    summons, a Carrant shall issueY
    /he purported service of Aoth the /;$ (a "#!#!"# Certificate of *ervice Ay +BC Bailiff
    (nglish Chich fails to indicate Chere such attempted service occurred, in an attempt to
    7n 39"4, curiously, the Complaint is dated #!##!"3, Chich Cas prior to the ?CD<4s $ffice
    announcing its decision Ay Cay of 3!!"3 letter to the +;D that it Could not prosecute Coughlin for
    either the gross misdemeanor or felony charges for Chich he Cas arrested and for Chich the Aail Cas
    a AondaAle H.,%%% at a time Eust prior the due date for his Brief in #337 Aecoming due, had it not
    Aeen for the #!7!"3 $rder *tri5ing the +$< therein) No e1planation has Aeen provided to Coughlin
    as to Chy the arrest charged him Cith a gross misdemeanor and a felony Chen violation of
    Cor5place harrassment protection orders are mere misdemeanors) /he <rrest +eport notes that
    charge as N+*
    D(C6<+</7$N IN LIE+ O8 (88I<(;IT $0 Z<C8<+> B<+G(+ C$:@867N 9<D(
    :ND(+ penaty $0 ;(+B:+> ;:+*:<N/ /$ N+* .3)%4.
    Zach Coughlin suAmits this on his oCn Aehalf and or provided it to the 6aC $ffice of +oAert
    Bruce 6indsay, (s3), to use as he sees fit Cithin the conte1t of Coughlin consenting to his acting on
    Coughlin4s Aehalf for the limited purpose (until further agreement' of pursuing a gloAal resolution of
    the various matters involving Coughlin, the +eno Bustice Court, the +eno 9unicipal Court, the
    *econd Budicial District Court, the *tate Bar of Nevada, the City of +eno, ?ashoe County District
    <ttorney4s $ffice, +eno City <ttorney4s $ffice, ?ashoe County, ?ashoe County District <ttorney4s
    $ffice, +eno ;olice Department, ?ashoe County *heriff4s $ffice (Aoth Civil and Criminal
    Divisions', +eno Bustice Court Bailiffs, and City of +eno 9arshals, though at this time 9r) 6indsay
    has Aeen listed Ay the +BC as Coughlin4s attorney of record, as far as Coughlin 5noCs, in only one
    matter (+C+#%"#2%79&%', though 9r) 6indsay Cas present on #!"3!"3 at a hearing related to
    Coughlin4s summary incarceration the day previous in +C+#%"#2%.3% (Cherein Budge Clifton
    indicated something to the effect that 9r) 6indsay4s presence had Aeen arranged for Ay the +BC in
    recognition of Coughlin4s +ight to Counsel even at a civil contempt hearing, Chich, apparently, Cas
    the #!"3!"3 hearing therein Cas (Coughlin filed a Notice of <ppeal of any $rder therein that resulted
    - 268-
    1
    2
    in a finding of contempt and the summary . day incarceration incident thereto Cherein Coughlin Cas
    incarcerated from #!"#!"3 to #!"!"3')
    /he assertions herein are made, pursuant to N+* .3)%4. under penaty of perEury and Aased
    upon my first hand 5noCledge of these matters, e1cept to those matters stated upon information and
    Aelief, <ND /8( +(J:(*/* 9<D( 8(+(7N <+( 9<D( 7N @$$D 0<7/8 <ND N$/ 0$+
    ;:+;$*(* $0 D(6<> Defendant hereAy re3uests a continuance of the 3!""! "3 *hoC Cause
    8earing in this matter and herein offers good cause for Chy he does so) Coughlin sCears such a
    re3uest is not done for purposes of delay and that there is a good faith Aasis for see5ing such)
    8(CTS, POINTS (N< (+TCO-ITIESD
    <t the outset, please alloC Couglin herein to state his profound regret for hoC matters have
    gone since his intial &!#%!"" arrest in ""2%334" and the summary e)iction notice served on &!##!""
    in +BC +ev#%""2%%2"7%&) (please see Coughlin4s .!#"!"# email to the *BN including proof of his
    prescription history and the fact that Coughlin Cent off tCo pyschoactive, psychotropic medications
    in the first Cee5 of <ugust #%"", pretty much overnight Cith no titration, that Could seem to estaAlish
    a per se Aasis for finding a causal connection AetCeen such and the ensuing events) Coughlin had
    attempted to mitigate such occurence prior thereto Ay reaching out for help paying for his
    medications to his family and NN<89*, Aut NN<89* refused to pay for <dderall (Couglhin called
    in3uiring confidentially on several occassions prior thereto' and refused to pay for ?ellAutrin if
    Coughlin continued ta5ing <dderall) 0rom then on out it Cas Eust trying to stay afloat for Couglin,
    and that include the denial of his *i1th <mendment rights incident to a 9!9!"" arrest for petty larceny
    of a candy Aar and some cough melts (Cith an allegation that Coughlin consumed Chile shopping for
    and paying for some H&3)&# in other grocers, a dosage of Duract Cough 9elts (Chich contain a
    poCerful dissaociative, De1tromethorphan, (DU9' to incapacitate or even result in death Ay
    - 269-
    1
    2
    overdoes') *ee %&3&) Couglin Cas denied counsel and any continuance in the trial of that Cal2mart
    arrest on ""!3%!"", and sentenced to 3 days in Eail incident to a summary contempt ruling that the
    +9C Budge made "% minutes into the /rial) /he arriagment in that case, on "%!""!"", occurred
    during the pendency of the 9!&!"" $rder for Competency (valuation in ""2%334", arguaAly violative
    of N+* "7&)4%.4s stay under N+* .)%73) /here have Aeen a great deal of stay violations incident to
    3uestions involving Coughlin4s competency, some that Could seemingly play a large role in Coughlin
    currently facing disAarment, including the holding of a trial in ""2%334" on .!7!"", the day
    Coughlin4s opposition Cas due to an impermissiAle post Eudgment motion for atty fee sanctions on
    4!"9!"# (the day coughlin Cas incarcerated in c+"#2%37 incident to an inaccurate 4!"7!"# letter Ay
    6a5e4s Crossing' Ay the opposing counsel in the e)ictio in ""2%%"7%&) 8oCever, Budge 0lanagan4s
    &!#&!"# order in %3#& Cill, hopefully, ma5e clear that his !#.!"# aCard of H4#G in attorney4s fees
    Cas in light of an alleged failure Ay Coughlin to file any opposition to the 4!"9!"# 9otion for 0ees,
    under DC+ "3(3', rather than any finding that such fees Cere aCarded as a sanction pursuant to N+*
    7)%&. (and, li5e the sanction that resulte in Coughlin4s firing from ?6* in #%%9, also a Aasis for
    Coughlin currently facing disAarment, neither opposing counsel ever served a filign ready sanctions
    motion as re3uired Ay the incorporation of N+C; "" Cithin N+* 7)%&., thereAy committing there
    oCn +;C 3)" violations)))') <dditionally, the attach -enetian v) /Co +oads transcripts provides
    support to reAut any contention of ve1atiousness Ay Coughlin incident ot his various motions for stay
    and depositing of supersedeas Aond (or the +BC retaining ten times that amount incident to a rent
    escroC deposit $rder that Cas violative of Nevada laC in that the +BC4s BC++/ do not apply to
    landlord tenant matters (and therefore Budge*ferraIIa4s assertion that only one motion to set aside or
    stay could Ae filed Qmotions one made may not properly Ae made againY and that BC++/ alloCed for
    escroC depositsY is misplaced given the statutory restrictions an inapplicaAility of BC++/ (that is
    - 270-
    1
    2
    Chy BC+6- 44 and a rule alloCing only one motion to stay or set aside eviciton orders Cas
    promulgated and approved Ay the N) *) Ct, incidnet to BC+C; &3 for the Bustice Court of 6as -egas
    /oCnship')))Budge Clifton4s "%!"7!"" $rder denying Coughlin4s 9otion for stay in ""2%%"7%& is
    arguaAly violative of a mandatory stay upon the despoting of H#.% under N+* 4%)3&. (see /Co
    +oads transcript and fact that Coughlin had deposited ten times that amount that morning, as Budge
    Clifton4s $rder notes') 0urther, the +BC Cas arguaAly divested of Eurisdiction to even hold the
    "%!#.!"" Q/rialY!continuation of a summary e)iction proceeding incident to Coughlin filing a Notice
    of <ppeal on "%!"&!"") <nother Aasis for Coughlin facing disAarment is N-B Budge Beesley4s
    testimony as to Coughlin4s appearance in his court on 3!".!"# Eust minutes after Aeing e)icted earlier
    that day in cident to a loc5out $rder in "#237. Ay Budge *chroeder, Chere @ayle Gern, (s3), arguaAly
    violated +;C 3).< in ta5ing a default Chere Coughlin filed a ;re28earing Arief on 3!&!"#, and Chere
    Gern had failed to file a 6andlord4s <ffidavit prior to that hearing, a Eurisdictional Aar to holdign the
    hearing under N+* 4%)#.3(')
    +egardless, Coughlin Eust Cants to move on, offers sincere apologies for everything, and as5
    for some help in getting there and saving his laC license) +ecently, due to a #!&!"3 arrest alleging
    felony and gross violations of the *BN (;$ and /;$, coughlin has Aeen forced to pay H&%% in Aail,
    further ma5ign difficult his saving his laC license)
    plea deal that 7 voluntarily accepted on &!#7!"# put Aac5 on the record and accepted Ay the +BC, even
    disposing of the appeal of the convictions in ""2%334" (noC on appeal in C+"#2#%#.':
    Q0rom: 6eslie, Bim
    *ent: 0riday, <ugust #4, #%"# "":"7 <9
    /o: 4Zach Coughlin4
    - 271-
    1
    2
    *uAEect: Coughlin: *ettlement of +C+""2%334", +C+"#2%.3% and +C+"#2
    %79&%
    9r) Coughlin:
    <s 7 had noted earlier, 7 had relayed the offer you had sent for a settlement) >ou had
    sent it to Zach >oung directly, as Cell as me and other recipients) 7 then forCarded
    your email offer to 9r) >oung and as5ed him to reply)
    9r) >oung too5 the position that any prior *tate offers had Aeen reEected Ay you or
    had e1pired Ay their terms or Ay virtue of lapse of reasonaAle time) Nevertheless, he
    has replied indicating Cillingness to settle as folloCs:
    /he entry of plea pursuant to this settlement must occur in +eno Bustice Court no later
    than 9onday <ugust #7, #%"#)
    /he plea Could Ae to tCo misdemeanor disturAing the peace charges, one such
    charge in +C+""2%334" (the i;hone case' and once such charge in +C+"#2%.3%
    (the 9"" case'=
    *entence Could Ae 9% days Eail on each charge, suspended and concurrent to each
    other, Cith the folloCing conditions: ("' oAey all laCs (e1cept that the parties agree
    that traffic violations do not constitute violation of this condition', (#' mental health
    counseling as recommended Ay your psychiatrist or mental health treatment provider,
    Cith regular reports every % days for a period of one year, (3' ta5e medications and
    engage in counseling as recommended Ay said psychiatrist or mental health treatment
    provider)
    7n e1change for this plea settlement, the *tate Cill dismiss +C+"#2%79&% (resisting
    case')
    ;lease note that 9r) >oung Cas emphatic that this plea settlement must Ae entered Ay
    the <ugust #7, #%"#, e1piration date or it is rescinded) /he <ugust #9 trial in +C+""2
    %334" Cill not Ae vacated until the settlement plea is entered on monday)
    /ime is of the essense, since any settlement must Ae entered at +BC Ay monday, so
    please reply via email Cith your acceptance and 7 Cill set up a hearing for monday)
    /han5 you,
    Bames B) 6eslie, (s3)
    Chief Deputy ;uAlic Defender
    ?ashoe County ;uAlic Defender4s $fficeY
    7 Could aAsolutely voluntarily agree to that plea deal right noC, especially if it could
    dispose of the appearl in C+"#2#%#. in a manner that Could alloC for a *C+ """("%'
    application li5e that in the setting aside of the conviction of former ;ahrump D<
    Bec5ett in 7n +e Bec5ett)
    ;erhaps a solution resides in revieCing the 7n +e Bec5ett case, involving a former ;ahrump
    District <ttorney4s temporary suspension for the very charge, N+* "99)#&%, that Coughlin faces in
    - 272-
    1
    2
    Aoth "#2%.3% and "#2%79&%) /he folloCing is from N*C/ case .773)
    httpD22caseinfo,n)supremecourt,us2pu#ic2case;ie!,doGcsII<V371/44
    Q/he relevant portion of *C+ """ states: "%) +einstatement) <n attorney
    suspended under the provisions of suAsection 7 or 9 of this rule may Ae
    reinstated Ay filing a certificate Cith the supreme court demonstrating
    that the underlying conviction has Aeen reversed, Aut reinstatement Cill
    not terminate any formal proceeding pending against the attorney, the
    disposition of Chich shall Ae determined Ay the hearing panel on the
    Aasis of the availaAle evidence) $n DecemAer 3%th, #%"", 9r) Bec5ett
    Cas temporary suspended from the practice of laC for entering into a
    plea agreement of DoAstructing a puAlic officer,D in violation of N+*
    "99)#&%) *ee attached @uilty ;lea <greement, file dated NovemAer #nd,
    #%"%, (1hiAit <) $n Banuary #"st, #%"", the Bustice Court of Nye
    County entered an $rder, signed Ay the respective Bustice of the ;eace
    on Banuary #"st, #%"" and filed Cith the Nye County Cler54s $ffice on
    0eAruary #nd, #%"") (1hiAit " has attach the copy of said $rder
    dismisses Cith preEudice the case pertaining to the suAEect @uilty ;lea
    <greement) <ccordingly, 9r) Bec5ett hereAy respectfully re3uests that
    his *C+ """ suspension Ae lifted so that he may Ae reinstated to practice
    of laC in Nevada as contemplated Ay *C+ """("%') 9r) Bec5ett
    understands that the operation of *C+ """ does not terminate any formal
    proceedings pending against him) <lternatively, 9r) Bec5ett re3uests
    that good cause also e1ists under *C+ """(7' to lift his temporary
    suspension on the ground that not only has the suAEect criminal case
    dismissed Cith preEudice, Aut 9r) Bec5ett has also addressed and
    continues to address his alcohol issues) /his is evidenced Ay the attached
    (1hiAit C, Chich contains tCo letters indicating his rehaAilitation) Based
    on this rehaAilitation, 9r) Bec5ett respectfully asserts that he should
    further 3ualify for reinstatement to the practice of laC in Nevada)
    0inally, 9r) Bec5ett is the sole source of support from his four (4'
    children and his Cife Cho is totally deaf and does not Cor5) D</(D this
    7th, day of 0eAruary, #%"") 9ichael B) ?arhola, (s3)D ?arhola is a
    former *BN Bar Counsel)Y
    /he N*C/ then $rder:
    Q$+D(+ @+<N/7N@ ;(/7/7$N 0$+ +(7N*/</(9) /his is a
    petition for reinstatement pursuant to *C+ """("%' filed Ay attorney
    +oAert *) Bec5ett) $n DecemAer 3%, #%"%, this court temporarily
    suspended Bec5ett from the practice of laC and referred him to the
    disciplinary Aoard Aased on his plea of no contest to a charge of
    oAstructing a puAlic officer) $ur order Cas premised on the fact that
    Bec5ett4s offense constituted a NseriousN crime under SC- ///$B&, for
    Chich temporary suspension and referral to the appropriate disciplinary
    - 273-
    1
    2
    Aoard are mandatory under *C+ """(7' and (&')" Bec5ett contends that
    he should Ae reinstated to the practice of laC during the pendency of his
    disciplinary proceedings Aecause the criminal case underlying our
    DecemAer 3%, #%"%, order has Aeen dismissed Cith preEudice)))) SC-
    ///$/4& gi)es us discretion to reinstate an attorney !hose underying
    con)iction has #een re)ersed) /he petition is accompanied Ay a
    certified copy of a 0eAruary #, #%"", order from the ;ahrump /oCnship
    Bustice Court dismissing Case No) "%C+%".&7 Cith preEudice) 7n light
    of the fact that the charge underying our order of temporary
    suspension has #een dismissed !ith pre6udice, and our previous
    determination that Bec5ett4s California misdemeanor conviction did not
    Carrant imposition of a temporary suspension, Ce conclude that there is
    no onger a #asis for *ec"ett #eing temporariy suspended pending
    the outcome of his discipinary proceedings, ?e therefore grant the
    petition) <ttorney +oAert *) Bec5ett, Bar No) 33&3, is hereAy reinstated
    to the practice of laC pending the outcome of his disciplinary
    proceedings) 7t is so $+D(+(D)Y
    -ight to Counse
    here is no aAsolute due process right to counsel in proAation revocation proceedings) (@agnon, supra,
    4"" :)*) at 79%)' On the other hand, there are Ncases in !hich fundamenta fairness % the
    touchstone of due process % !i re>uire that the State pro)ide at its e'pense counse for indigent
    pro#ationers or paroees,N (7Aid)' <lthough there are no rigid guidelines, the :nited *tates *upreme
    Court has suggested that counsel should Ae provided anytime the defendant ma5es a timely and
    coloraAle claim (i' that he has not committed the alleged violation of the conditions upon Chich he is
    at liAerty= or (ii' that, even if the violation is a matter of puAlic record or is uncontested, there are
    suAstantial reasons Chich Eustified or mitigated the violation and ma5e revocation inappropriate, and
    that the reasons are comple1 or otherCise difficult to develop or present)(7Aid)' 7n California,
    hoCever, the *upreme Court has proclaimed a right to counsel in proAation revocation proceedings as
    a Eudicially declared rule of procedure) (-ic5ers, supra, & Cal)3d at 4"24#)'
    /he totality of the circumstances, including the D<* materials Coughlin Cas provided,
    e1treme health proAlems (including a reaction preventing Couglin from appearing at a "!3!"3 (;$
    - 274-
    1
    2
    hearing in "#2.99 and "#2%7, even to contest service, process, or Euridiction, includign to assert an
    attorney4s (even a suspended attorney appearing pro se' immunity from service of process at the
    courthouse, (+BC Bailiff4s apparently attempte to serve Coughlin %7 and .99 Chile in the +BC filign
    office!D<* $ffice)))<s to an attorney4s e1emption from service of process, see <m) Bur) #d, ;rocess K
    3.)
    L0N#M Gelly v) Clar5, "9# ?is) #d 33, .3" N)?)#d 4.. (Ct) <pp) "99.') T #%"# ')including
    under courthouse sanctuary doctrine, situational stress incident to Coughlin4s formal disciplinary
    hearing regarding the irrevocaAle revocation of his laC license, misleading sCorn statements Ay Aoth
    *BN Bar Counsel ;at Ging and ?C;D Bim 6eslie, and verAal statements and Critings to Cougeffect
    of unlaCful arresthlin Ay D<* staff, including $fficer Celeste BroCn, support this coloraAle claim Ay
    Coughlin that he has not violated the terms of his proAation , much less in a manner sufficient to
    support a summary arrest) Coughlin has received indications from D<* staff including $fficer
    BroCn that, in e1igent circumstances calling or Criting, especially ahead of time, may provide a Aasis
    for not finding a proAation violatin, and Coughlin suAmits that Aoth alleged proAation violation
    (incident to D<* $fficer +amos4s ;C sheet of #!"!"3, Chich indicate such violation occured on
    "!3!"3 and "!#4!"3)))Chich Eust happend to Ae days Chere Coughlin had deadlines in #337 and
    Chere Couglin noC faces felony and gross charges upon allegations of /;$ and (;$ violations
    occuring on those dates' auguers toCards either dismissing the charge of an alleged proAation
    violation or affording Coughlin representation at puAlice e1pense, especially Chere, apparently B)
    6indsay, (s3) *hoCed up to the "#2%79&% contempt hearing on #!"3!"3 as a QfreeAieY, upAenoCnst
    to Coughlin and counter to at least the implicit representation made to him Ay the Court and 6indsay
    upon Aeing led into court in restraints that morning, aAsent any consultations Cith 6indsay
    Aeforehand Chatsoever))
    *uch a Aasis to preclude a proAaAle cause finding includes:
    Q+(: :pdate BroCn, Celeste (CBroCn`Cashoecounty)us'<dd to contacts
    "!#4!"3 /o: 4Zach Coughlin4 0rom: BroCn, Celeste
    (CBroCn`Cashoecounty)us' /his sender is in your safe list) *ent: /hu
    "!#4!"3 3:"% ;9 /o: 4Zach Coughlin4 (Iachcoughlin`hotmail)com' ;er the
    video, you shoCed up at #:. p)m 8rom here on out Mach, you need to
    chec" in #et!een 1D57 and 3D44 p,m, LetFs see if !e can fi' the pro#em
    o"G *gt) CB BroCn ?C Dept) $f <lternative *entencing " *outh *ierra *t)
    +eno, Nv &9.%" des5 77.'3#72&3&4 fa1 77.'3#72&3&3 0rom: Zach Coughlin
    Lmailto:Iachcoughlin`hotmail)comM *ent: /hursday, Banuary #4, #%"3 #:4#
    ;9 /o: BroCn, Celeste *uAEect: :pdate Dear $fficer BroCn, 7 appreciate
    - 275-
    1
    2
    your recent note) /han5 you) 7t meant a lot) 7 came in yesterday Cell more
    than . minutes prior to 3 pm, Aut Cas detained too long at the security station
    for Bailiff 9edina to escort me to the D<* $ffice (then Chief Budge
    *ferraIIa4s <dministrative $rder "#2%" of DecemAer #%th, #%"# re3uires as
    much') 7 saC Budge 6inda @ardner4s Aailiff, Deputy Gir5ham milling aAout
    Cith four or five other deputies near the courthouse e1it performing a pAc test
    on a man, and re3uested permission to Cait my turn and ta5e one as Cell) 7
    memorialiIed this in a note that 7 gave to Bailiff 9edina for Chich he agreed
    to provide to D<*) Deputy Gir5ham made some sneering commentary aAout
    alcoholism and dependency issues in general (7 cannot recall specifically
    Chether or not she then Dhigh2fivedD one of her felloC deputies' as they relate
    to me, and perhaps the 7rish race and my ancestry in general, then refused to
    alloC me to ta5e a pAc test and document it on the note 7 left Cith Bailiff
    9edina for D<*) Deputy Gir5ham decided against assisting in a pAc test)
    Deputy Gir5ham, the *BN arranged, Cas present for my ""!"4!"# formal
    disciplinary hearing at the *tate Bar of Nevada, despite the involvement of
    #BDC 0amily Court Budge 6inda @ardner (the *BN has Aeen purposefully
    vague and oAstructionist as to Chether ng"#2%43. is a grievance Cith a
    grievant of 6inda @ardner given some of the ethical proAlems associated Cith
    Budges Criting letters Chether of recommendation or condemnation (or
    $rders <fter /rial' and suAmitting them voluntarily (or having their Arother
    +9C Budge ?illiam @ardner do so Ay Cay of ta5ing the 4!"3!%9 $rder <fter
    /rial Ay his sister and passing it to +9C Budge Nash 8olmes, then having her
    include that in the 3!"4!%9 grievance she herself filed on Aehalf of +9C Budge
    ?illiam @ardner and all other +9C Budges))))especially Chere +9C Budge
    ?) @ardner refused to recuse himself from the criminal trespass prosecution
    of Coughlin from his former home laC office incident to the summary
    e)iction from it presided over Ay +BC Budge *ferraIIa (Chere a H#,#7. rent
    escroC deposit Cas ordered Ay the +BC in violation of Nevada laC and still
    not returned to Coughlin Ay the time of the trespassing arrest or during any
    period in Chich Coughlin Cas e1pected to hire movers and rent a uhaul and
    arrange for an alternate location to place such personalty') 0urther +9C
    Budge @arder failed to disclose that his sister is #BDC 0amily Court Budge
    6inda @ardner during the audio record of the #!#!"# hearing in "" C+ #4%.
    Cherein Coughlin prompted Budge @ardner to disclose any such matters that
    Could tend to create an appearance of impropriety or a Aasis for a conflict or
    Aias, Chether or not such did, in fact e1ist, and Chether the Eudge himself
    thought such did in fact e1ist))))Y (N$/(: Coughlin email goes on and on and
    is truncated here')
    <s to the +C< prosecuting Coughlin and introducing QevidenceY (Chich, given the H&3)&#
    receipt for the items Coughlin had Eust purchase included an entry Cith the very :;C of the Duract
    Cough 9elt item Coughlin is alleged to have Qconsumed Chile shoppingY or QstolenY, and that half a
    pac5age of such Cas allegedly recovered upon the search incident to arrest conducted once the +*7C
    made the decision to effect a custodial arrest upon Coughlin (Chich too5 them 7 minutes to decide to
    do from the time stamping indicated on the video of their interrogation of Coughlin in ?al29art4s
    - 276-
    1
    2
    6oss ;revention room', and the prohiAition in Nevada, under N+* "7")"#.. against triAal police
    ma5ing custodial arrests for misdemeanors, period (ie, Chether committed in their presence or not':
    /he usual sanction for an illegal arrest is not dismissal of charges against the accused, Aut
    suppression of statements or physical evidence discovered as a result of the arrest or detention)L0N4M
    L0N4M Biggers v) *tate, 3"7 <r5) 4"4, &7& *)?)#d 7"7 ("994'= *tate v) 9iller, #.7 Gan) &44, &9 ;)#d
    "%9 ("99.'= City of 0argo v) *tutlien, .%. N)?)#d 73& (N)D) "993'= *tate v) 8enderson, ." $hio *t)
    3d .4, ..4 N)()#d "%4 ("99%') +egarding the effect of the illegality of an arrest, see <m) Bur) #d,
    <rrest KK "#9, "3%)P 501, Effect of una!fu arrest Criminal 6aC 599 +ingel, *earches N *eiIures <rrests and
    Confessions K #3:#7
    /he usual sanction for an illegal arrest is not dismissal of charges against the accused, Aut suppression of
    statements or physical evidence discovered as a result of the arrest or detention) Biggers v) *tate, 3"7 <r5) 4"4, &7&
    *)?)#d 7"7 ("994'= *tate v) 9iller, #.7 Gan) &44, &9 ;)#d "%9 ("99.'= City of 0argo v) *tutlien, .%. N)?)#d 73& (N)D)
    "993'= *tate v) 8enderson, ." $hio *t) 3d .4, ..4 N)()#d "%4 ("99%')
    7t Cas clearly reversiAle error for +9C Budge @ardner to deny Coughlin4s motion to suppress the 5noCledge of his
    presence Cithin the 3uasi2Aasement on ""!"3!"" (regardless of the fact that Coughlin4s presence therein Cas laCful given
    the, at Corst, claim of right defense that 6oomis refused to assert on Coughlin4s Aehalf negating the intent re3uirement
    found in +9C &)"%)%"%') Despite Coughlin4s ?C;D 6eslie4s malevolent attempts to elicit testimony to support and
    e1ception to N+* "7")"3 (ie, that a QcitiIen4s arrestY Cas made', even Chere the ?CD< DD< >oung failed to ma5e
    such argument or put anything into evidence to support such a contention, it is clear no citiIen4s arrest Cas effected on
    &!#%!"" of Coughlin Ay the s5ateAoarders) 7n fact, a video Cas offered into evidence (Chich Budge *ferraIIa e1cluded in
    clearly reversiAle error' that shoCs Coughlin e1tolling the youths to Ae peaceful and Cait for the police to arrive so the
    dispute could Ae handled in a civil manner Chere Coughlin himself called 9"" and reported that he Cas Aeing Qattac5edY
    Ay the youths and that they Cere attempting to steal his Aicycle and dog) 7n fact, in one of the 9"" calls Ay the alleged
    victim, @oAle, @oAle indicates that Coughlin Cas Qgiving us a hard timeY, Chich is hardly consistent Cith the youths
    detaining Coughlin or otherCise having made some QcitiIen4s arrestY) 0urther, any suggestion that Coughlin Cas trying to
    get aCay from the youths is thoroughly disproven Ay the very videos Couglhin himself filmed of the moments prior to the
    +;D arriving and the audio of the three different 9"" calls in 3uestion) /he illegality of the arrest does not affect the
    introduction and admissiAility of evidence Cholly untainted Ay the police misconduct)L0N7M L0N7M :) *) v) CreCs, 44.
    :)*) 43, "%% *) Ct) "#44, 3 6) (d) #d .37 ("9&%')>et, in some circumstances, suppression of evidence may Ae a proper
    remedy Chen it can Ae proven that the evidence Cas oAtained as a result of an illegal arrest)L0N&M L0N&M Com) v)
    BacoAsen, 4"9 9ass) #9, 44 N)()#d #"3 ("99.')
    +egarding the effect of the illegality of an arrest, see <m) Bur) #d, <rrest KK "#9, "3%)
    +egarding searches and seiIures, generally, see <m) Bur) #d, *earches and *eiIures KK " et
    se3)= <rrest 5.&, 3)", 3)3, 3)4(4' 3)4(7)"', 3)4(".', 3)4("&'=Criminal 6aC 599, 394)4(9',
    ."9(&'= 0alse 7mprisonment 57('=7ndictment and 7nformation 5"44)"= 4# :)*)C)<) K "9&3
    <lso, relevant in %79&% and #4%. Q5noc5 and tal5Y analysis:
    QDavis v) :nited *tates, 3#7 0)#d 3%", 3%3 (9th Cir) "94') D/hus, 4LoMfficers are alloCed to 5noc5 on
    a residence4s door or otherCise approach the residence see5ing to spea5 to the inhaAitants Eust aLsM
    any private citiIen may)4D :nited *tates v) /aylor, 4.& 0)3d "#%", "#%4 (""th Cir) #%%' (first
    alteration in original' (3uoting (state of *mith v) 9arasco, 3"& 0)3d 497, ."9 (3d Cir) #%%3'') /he
    circuit court4s ruling conflicts Cith the proposition that police officers may approach a residence and
    spea5 to the residents Eust as any private citiIen may) /hus the circuit court fell into error Chen it
    ruled that the 5noc52and2tal5 encounter at issue in this case amounted to illegal police conduct)
    - 277-
    1
    2
    $ur conclusion aAout the legality of the 5noc52and2tal5 encounter Arings us to the 3uestion of the
    standard of proof applicaAle to the determination of the voluntariness of the consent search:
    ?here the state asserts it had the right to search ))) despite the aAsence of a Carrant Aecause the
    defendant consented to the search, the state has the Aurden to prove that consent Cas freely and
    voluntarily given) /he Aurden of proof in these cases depends on Chether there is invalid police
    conduct prior to oAtaining the consent) D:nder ordinary circumstances the voluntariness of the
    consent to search must Ae estaAlished Ay preponderance of the evidence)D ?ith invalid police conduct
    li5e prolonged detention, threats to oAtain a Carrant, or repeated re3uests for consent, the Aurden of
    proof is elevated to the clear and convincing standard)
    DormeIil v) *tate, 7.4 *o) #d "&, "9 (0la) .th DC< #%%%' (citations omitted' (3uoting Denehy v)
    *tate, 4%% *o) #d "#", "#"7 (0la) "9&%'') 8ere, the circuit court applied the clear and convincing
    evidence standard of proof Aecause it found illegal police conduct Aased on its erroneous
    interpretation of the laC concerning 5noc52and2tal5 encounters) But Aased on our conclusion aAove
    and Aecause the 5noc5 and tal5 Cas not otherCise illegal, the appropriate standard of proof Cas
    preponderance of the evidence) <ccordingly, Ce reverse the circuit court4s order and remand for
    reconsideration of the motion to suppress under the proper standard of proof) *ee *tate v) /)6)?), 7&3
    *o) #d 3"4, 3"7 (0la) "st DC< #%%"')Y
    /he illegality of the arrest does not affect the introduction and admissiAility of evidence Cholly
    untainted Ay the police misconduct)L0N7M L0N7M :) *) v) CreCs, 44. :)*) 43, "%% *) Ct) "#44, 3 6)
    (d) #d .37 ("9&%')>et, in some circumstances, suppression of evidence may Ae a proper remedy
    Chen it can Ae proven that the evidence Cas oAtained as a result of an illegal arrest)L0N&M L0N&M
    Com) v) BacoAsen, 4"9 9ass) #9, 44 N)()#d #"3 ("99.'
    Compare to Coughlin4s arrest in +9C "" C+ ##"7 (%&3&' vis a vis N+* "7")"#..4s
    prohiAition against misdemeanor arrests Ay triAal police officers and the primacy to the Aurden of
    proof analysis (Aeyond a reasonaAle douAt' of the fruit of the poisonous tree as to the one half of one
    Ao1 of Duract Cough 9elts the +*7C $fficer4s alleged Cas recovered from Coughlin4s short4s poc5ets
    upon conducting a search incident to arrest (Chere those triAal officers deliAerated for seven minutes
    from their initial 3uestioning of Coughlin to decide to effect a custodial arrest, as indicated Ay the
    sCorn testimony of Aoth +*7C $fficers and the ?almart associate') 0urther, the illegality of the
    arrest in +BC +C+""2%334" incident to the police misconduct +;D $fficer Duralde admitted to
    (Qthere is certain Aenefits to charging you Cith a felonyY' Chere +;D $fficer Duralde overcharged
    Coughlin Cith malice Cith felony grand larceny, despite Citness testimony indicating that Duralde
    Cas informed the value of the phone Cas suAstantially less than the then H#.% Eurisdictional
    prere3uisite for such a felony charge (Qoooh, that4s a felonyY Duralde said to Coughlin shortly after
    ma5ing the arrest' for the purposes over overcoming the prohiAition, under N+* "7")"3 against a
    police officer ma5ing a custodial arrest AetCeen the hours of 7 pm and 7 am for an alleged
    misdemeanor occurring outside his presence) Q7n the present case, it is our conclusion that none of
    (the fruit of the poisonous tree' Dhas Aeen come at Ay e1ploitationD of the violation of the defendant4s
    0ourth <mendment rights) ?ong *un, supra, at 37" :) *) 4&&)Y CreCs)
    <dditionally, the custodial trespass arrest of Coughlin on ""!"3!"" invo5es the fruit of the
    poisonous tree doctrine as Cell, as the +;D trespassed onto Coughlin4s property, in violation of the
    - 278-
    1
    2
    0ourth <mendment (Chether or not the landlord 5ic5 doCn the door to the craClspace!3uasi2
    Aasement under the house, and 8ill testified that the $fficer entered the 3uasi2Aasement, Aut
    regardless, the property Cas completely fenced and the officers entered the 3uasi2Aasement Ay a route
    through the house, Chere such Cas trespassing in light of N+* 4%)3&. and N+* 4%)3%(3' and the
    fact that any e)iction order in +BC +ev#%""2%%"7%& Cas void in light of the lac5 of presence of a
    variety of Eurisdictional prere3uisites (no Qlandlord4s affidavit filedY, no QtCenty days to file an
    ansCer after Aeing served a summons and complaintY a la NBC+C; +ule "%9, anything purported to
    satisfy the re3uirements of N+* 4%)#.4 Aeing deficient, particularly in light of the verification
    re3uirement in N+* 4%)UU, and the patent inconsistency AetCeen Ba5er4s arguments and assertions
    and landlord 9erliss4s testimony Cith respect to Chat the lease indicated Cith respect to the term of
    the tenancy and the patent incongruities reveal Ay an inspection of paragraphs #, 3, and #% therein in
    comparision to the &!##!"" and 9!#7!"" Notices posted on Coughlin4s door admitted at the "%!#.!""
    hearing as e1hiAits)
    C, Standing
    *tate v) Dennis, "&# $hio <pp) 3d 74, #%%92$hio2#"73 P ;olice responded to the report of a
    trespasser at an apartment comple1) Believing apartment had Aeen aAandoned, officer entered and
    found the defendant in a recliner and a crac5 pipe in a potato chip Aag) ("' Defendant had standing to
    assert a 0ourth <mendment violation) ?hile trespassing for purposes of criminal laC does not strictly
    folloC civil laC, he retained an e1pectation of privacy in the premises even though he had received
    e)iction notices) /hough he had Aeen gone for a Chile, he Cas present Chen the officers entered and
    the state failed to prove the e)iction process had Aeen completed) (#' @ood faith does not save the
    search) @ood faith mainly applies in Carrant cases) Court does not reach Chether it should Ae
    e1tended here) /he officers could not have reasonaAly Aelieved the apartment Cas vacant Aased on
    the information they had)
    Q*imilarly, on search and seiIure issues involving laC enforcement access to a premises, the poCer to
    consent or oAEect depends on Cho has privacy rights) 7n -incennes v) (mmons, ]4#*%#2%.%42C-2
    "3", &"7 N)() #
    nd
    ".. (7nd) #%%', the court stated that a city4s ordinance authoriIing Carrantless
    inspections of rental units unless tenants oAEect did not violate the constitutional rights of landlords,
    as landlords had no reasonaAle e1pectation of privacy in units rented to either residential or
    commercial tenants) 7n instances Chere the landlords are themselves the tenants, the ordinance Could
    Ae interpreted as also re3uiring their consent or a Carrant)
    7n 8arvey v) ;lains /oCnship, ]%42""4&, 4#" 0) 3rd "&. (3d Cir) #%%.', the court held that a
    police officer Cho ordered a landlord to open a door to an apartment so that a Coman4s e12Aoyfriend
    could retrieve his possessions Cas not entitled to 3ualified immunity on a Coman4s claim that he
    violated her 0ourth <mendment rights Ay Aecoming actively involved in an e1 parte private
    repossession)
    7n this case, after a Coman4s relationship Cith her Aoyfriend deteriorated, she oAtained an order of
    protection granting her e1clusive right of possession of their apartment) ;ursuant to that order, the
    Aoyfriend Cas re3uired to immediately retrieve all of his Aelongings) /he trial court denied a re3uest
    that he Ae alloCed to return to pic5 up furnishings and other items that Could Ae difficult to remove
    during his first trip)
    - 279-
    1
    2
    /he man4s attorney sent a letter to the Coman informing her that he Could go to the apartment at a
    particular time to retrieve his remaining Aelongings) < copy of the letter Cas sent to the Coman4s
    landlord and to the local police department) < police officer Cas sent to the apartment at the time
    designated in the letter in order to Q5eep the peaceY at the repossession, and the landlord Cas also
    present at that time) /he Coman, Cho claimed never to have received the letter, Cas not there)
    /he officer allegedly directed the landlord to unloc5 the door so that the man could retrieve his
    property) <fter this Cas done, and Chen the Coman returned, she found the apartment in
    Qdisarray,Y and claimed that many items Cere missing, including some not included in the e12
    Aoyfriend4s list of his property)
    On appea, the federa appeas court re)ersed the summary 6udgment in fa)or of the officer,
    hoding that a poice officer acti)ey in)o)ed in an e' parte pri)ate repossession of property
    may #e engaged in state action in )ioation of the 8ourth (mendment) 7t agreed, hoCever, that
    the landlord, Cho opened the door at the direction of the officer, Cas not engaged in state action, and
    upheld the result as to the remaining defendants)
    /he appeals court reEected the officer4s argument that his conduct Cas not state action and that he
    Cas QmerelyY present at a private repossession) /here Cas evidence, including the testimony of the
    landlord, that the officer directed the opening of the door, and that she never Could have opened it
    Cithout the officer4s instructions) 7f this Cas true, the officer played a Qprincipal roleY in the entry and
    seiIure of the property, and a reasonaAle Eury could conclude that he used his puAlic authority to help
    the e12Aoyfriend gain entry and ta5e the property from the apartment) /he record supported a finding
    that he Cas not a Qmere spectator)Y
    <dditionally, the laC Cas Qun3uestionaAly clearY at the date of the incident, *eptemAer "999, that
    the 0ourth <mendment prohiAited unreasonaAle searches and seiIures of a person4s home Ay the
    police Cithout a Carrant) /he court also found that if the officer concluded that the Coman had
    consented to the repossession merely on the Aasis of a copy of the letter, to Chich the Coman did not
    respond (and Chich she claimed she never got' that Cas not reasonaAle) Q< reasonaAle officer at least
    Could have refused to assist Cith opening the door until he Cas satisfied that consent Cas given)Y
    from <(6( article attached as (1hiAit " to Coughlin4s !.!"# 9otion to Dismiss!*uppress in
    #4%.: Q
    s?hen officers respond to a complaint aAout the presence of a trespasser, they should in3uire as to
    the reason the person is there) /he ansCer to that 3uestion may provide proAaAle grounds for an
    arrest) 9any laCs concerning trespass, hoCever, re3uire that, prior to an arrest, a person is as5ed to
    leave and is given an opportunity to comply) 9a5e sure officers are familiar Cith state statutes and!or
    local ordinances Aearing on this 3uestion)Y
    7t is very telling that +C< 8aIlett2*tevens, despite sending Coughlin notice of the suApoena
    on ?C*$ 9achen (Chich shoudl have then Aeen filed Cithin # days in the +$<, yet Cas not' failed
    to put into evidence the ""!7!"" <ffidavit of *ervice Ay ?C*$ 9achen in rev""2"7%&, the eviction
    - 280-
    1
    2
    matter connected to the tresppas case in #4%.) 0urther, 8ill did not, and did not testify that he at any
    point provided the +;D Cith an proof of service of the eviction order upon Coughlin, neither Ay Cay
    of a mailed Notice of (ntry to Coughlin from 8ill4s $fficer, or anything from the +BC, much less the
    ?C*$ ""!7!"" <ffidavit of *ervice) /hat is telling, adn goes to Chether the +;D had a reasonaAle
    Aasis for Aelieving the reports of trespassing and or proAaAle cause to ma5e the arrest, and to enter the
    Auilding in any event) 0urther, the fact that so much of Coughlin4s property remained at his former
    home laC office certainly Ceighs against the QaAandonmentY analysis that arose in Dennis) Coughlin
    cited to 8iggins v ;enoAscot at the !"&!"# /rial in #4%.) *tate v) Dennis, "&# $hio <pp) 3D 74 is
    perhaps the most applicaAle case:
    QQgW /EX <ennisFs first assignment of error statesD YW /?X :The tria court erred in determining
    that appeant !as a trespasser and ac"ed standing to suppress the entry into his apartment
    and su#se>uent search of the premises,= YW /1X <ennis caims that the tria court erred in
    determining that he !as a trespasser and in concuding that he ac"ed standing to chaenge the
    entry into the apartment, Ce argues that he coud not #e considered a trespasser at his
    apartment unti a court entered an order of restitution of the premises to the andord in a ci)i
    action, pursuant to -,C, Chapter /130, <ennis further asserts that the circumstances of this
    case are distinguisha#e from State ), Litte, Montgomery (pp, No, /11EB, 3445%Ohio%/?/5, and
    State ), 8eming, Car" (pp, No, 3440 C( E/, 3445%Ohio%73E?, upon !hich the tria court reied
    to support its concusion that <ennis !as a trespasser and ac"ed standing to o#6ect to the
    officersF entry into the apartment, YW 34X In re)ie!ing the tria courtFs ruing on a motion to
    suppress e)idence, this court must accept the findings of fact made #y the tria court if they are
    supported #y competent, credi#e e)idence, See aso State ), Morgan $9an, /?, 3443&,
    Montgomery (pp, No, /?1?7, 3443 @L B0/1B, Co!e)er, :the re)ie!ing court must
    independenty determine, as a matter of a!, !hether the facts meet the appropriate ega
    standard,= Id, 222The indi)idua must ha)e a su#6ecti)e e'pectation of pri)acy in the paced
    searche, and that e'pectation must #e o#6ecti)ey reasona#e and 6ustifia#e, -a"as at /50L
    State ), *uRRard, //3 Ohio St,0d 57/, 344E%Ohio%0E0, W/5, YW 33X It is !e esta#ished that a
    tenant has an e'pectation of pri)acy in his or her rented apartment, :*ecause the right to
    e'cude others is one of the main rights attaching to property, tenants in a!fu possession of a
    home or apartment generay ha)e a egitimate e'pectation of pri)acy #y )irtue of ha)ing a
    property interest in a specific piece of rea estate,= Ciggins ), Peno#scot Cty,, SheriffFs <ept,
    $9une 3, 3447&, <,Maine No, 45%/7E%*%@, See aso Copey ), ;oorhies $(ug, 3E, 344E&, S,<,Ohio
    No, 3D4B%c)%?5E, 344E @L 35B3B7/, citing -a"as, 501 +,S, at /50, 11 S,Ct, 53/, 7? L,Ed,3d 0?E,
    fn,/3 $:(n indi)idua has a Zegitimate e'pectation of pri)acyF and, therefore, standing to
    chaenge a! enforcementFs !arrantess search on property that the indi)idua a!fuy
    possesses=&, YW 30X In e)auating !hether <ennis had a egitimate e'pectation of pri)acy in the
    apartment, the tria court reied upon Litte and 8eming, in !hich !e hed that the defendants
    had no egitimate e'pectation of pri)acy in the premises, #ecause they !ere trespassers at the
    time of the officersF entry, ,,, YW 37X (though the defendants in Litte and 8eming !ere not
    former or current tenants of an apartment, such as <ennis, #oth cases instruct that once an
    indi)idua #ecomes a trespasser, the indi)idua oses any egitimate e'pectation of pri)acy that
    he once had in the premises, Co!e)er, as neither a socia guest nor a hote guest has the
    statutory protections against e)iction that a tenant has, Litte and 8eming are not controing
    for determining !hether <ennis had #ecome a trespasser, YW 3BX @e therefore turn to !hether
    <ennis retained a reasona#e e'pectation of pri)acy in (partment 8 !hen the officers entered
    !ithout a !arrant on (ugust /E, 344E, <ennis caims that the e)idence !as insufficient to
    - 281-
    1
    2
    esta#ish that he !as a trespasser Q and, conse>uenty, that he no onger had a reasona#e
    e'pectation of pri)acy Q #ecause he !as sti in :a!fu possession= of the apartment since there
    !as no e)idence that the proper ega procedures for e)iction had #een competed under -,C,
    Chapter /130, YW 3EX :SCToncepts of state property a! are ree)ant, #ut not necessariy
    dispositi)e, for deciding the >uestion !hether there !as a egitimate pri)acy interest for
    S8Tourth S(Tmendment purposes,= +nited States ), Sedge $C,(,1, /1?/&, B74 8,3d /4E7, /4?3, YW
    3?X :SITt is unnecessary and i%ad)ised to import into the a! surrounding the constitutiona
    right to #e free from unreasona#e searches and seiRures su#te distinctions, de)eoped and
    refined #y the common a! in e)o)ing the #ody of pri)ate property a! !hich, more than
    amost any other #ranch of a!, has #een shaped #y distinctions !hose )aidity is argey
    historica,= 1 9ones ), +nited States $/1B4&, 0B3 +,S, 37E, 3BB, ?4 S,Ct, E37, 5 L,Ed,3d B1E,
    o)errued on other grounds #y +nited States ), Sa)ucci $/1?4&, 55? +,S, ?0, /44 S,Ct, 375E, B7
    L,Ed,3d B/1, See aso .eorgia ), -andoph $344B&, 75E +,S, /40, //4, /3B S,Ct, /7/7, /B5
    L,Ed,3d 34? $stating that :8ourth (mendment rights are not imited #y the a! of property=&,
    YW 31X (t the same time, :SaTthough property Sa!T concepts are not necessariy determinati)e
    of 8ourth (mendment rights, they are nonetheess hepfu in assessing !hich e'pectations
    society is prepared to recogniRe as egitimate, In particuar, a tenantFs e'pectation of pri)acy in
    his apartment ceases to #e Zo#6ecti)ey 6ustifia#eF !hen his occupancy ceases to #e a!fu, as
    determined #y the terms of his ease and the pro)isions of his stateFs andord%tenant a!,=
    $Citations omitted,& +nited States ), -oss $C,(,B, 3443&, 50 8ed,(pp', E7/, E7E, YW 04X +nder
    Ohio a!, a andord must foo! a three%step process to e)ict a tenant, :8irst, the andord
    must ser)e the tenant !ith a notice to terminate the tenancy, -,C, 703/,/E, Second, a timey
    notice to )acate the premises must #e ser)ed on the tenant, -,C, /130,45, Third, the andord
    must fie a compaint in forci#e entry and detainer, -,C, /130,47,= Steiner ), Min"o!s"i $/11/&,
    E3 Ohio (pp,0d E75, EB/, YW 0/X It is undisputed that <ennis had #een a tenant of /E/1 -adio
    -oad, (partment 8, and he !as found at the apartment on (ugust /E, 344E, The record
    esta#ished, ho!e)er, that <ennis had recei)ed t!o e)iction notices, one of !hich $the three%day
    notice& had #een seen #y Iinste in the apartment, <ennis ac"no!edged that he had recei)ed
    #oth a 04%day e)iction notice and a threeday e)iction notice, and he stated to the officers that he
    had #een :e)icted,= (ccording to <ennisFs andord, the apartment had not #een ceaned and
    the oc"s had not #een changed simpy #ecause the andord !as on )acation, The :unofficia=
    careta"er had #een instructed to ca the poice if <ennis returned,
    "% gt 3#h 7n our vieC, Dennis met his Aurden of estaAlishing that he had laCful possession of the
    apartment) ?hile the evidence indicated that Dennis Cas a tenant of <partment 0 and that he had
    Aeen ordered to leave the apartment Ay the landlord, Qhe didnRt say anything aAout Chen he Cas
    supposed to leave)Y DennisRs statement that he had Aeen QevictedY is simply his vernacular
    ac5noCledgment that he had Aeen served Cith eviction notices) /here Cas no evidence Aefore the
    court demonstrating that his tenancy had e1pired) /he fact that Dennis had a tenancy interest in the
    apartment Cas sufficient to demonstrate that he had laCful possession of the apartment and, thus, a
    reasonaAle e1pectation of privacy) gt 33h <lthough the trial court found that Dennis had Aeen served
    Cith eviction notices, this evidence Cas insufficient to reAut the evidence that Dennis had laCful
    possession of the apartment and retained a reasonaAle e1pectation of privacy in the premises) $hio
    landlord2tenant laC does not alloC for Qself2helpY Ay a landlord) <s stated aAove, a landlord is
    re3uired to successfully Aring a forciAle entry and detainer action against Dennis in order to
    effectuate an eviction) ?ithout a Eudgment of restitution in the landlordRs favor, Dennis could
    continue to laCfully possess the premises) *ee *tate e1 rel) Ben5ins v) 8amilton Cty) Court, <rea No)
    - 282-
    1
    2
    (ight ("9"', ""4 $hio <pp) #3", #33 (forciAle entry and detainer action determines the right to
    immediate possession of the property'= +)C) "9#3)%9, "9#3)"", "9#3)"3, and "9#3)"4) gt 34h /his is
    not to say that a tenant has the right in all circumstances to remain in an apartment P and to enEoy a
    reasonaAle e1pectation of privacy that society is prepared to recogniIe P once he has Aeen served
    Cith the re3uired notices and papers) +ather, although there is a paucity of $hio laC on this suAEect, it
    is to hold that it is certainly not the prerogative of a landlord, unilaterally, Ay the simple delivery of
    civil notices availaAle at any convenience store or over the internet, to remove a tenantRs reasonaAle
    e1pectation of privacy) < tenant, having received such papers, may "" thin5 that he can pay Aac5 rent
    (if that is the reason for the notices' and stay, may realiIe that his laCful presence in the apartment
    Cill soon Ae terminated, or may decide Eust to leave on his oCn, Aut he does not reasonaAly e1pect
    that he has immediately Aeen transformed into a trespasser and that the landlord or the police or
    anyone else can enter his apartment) <ccordingly, in order to refute evidence that Dennis Cas a
    laCful tenant, the state Cas re3uired to present some evidence that Dennis Cas legally a trespasser)
    No such evidence Cas presented) gt 3.h ?hile DennisRs property rights are not determinative of his
    0ourth <mendment rights, Ce conclude that in the aAsence of evidence that he had Aeen laCfully
    eEected from the apartment, Dennis could not properly Ae considered a trespasser in his apartment
    solely due to his receipt of eviction notices) *ee, for e1ample, *chneider v) *tate (*ept) 3, #%%3',
    <r5)<pp) No) C<C+ %#277", #%%3 ?6 ##%.#&3# (holding that under state laC, the defendant2tenant
    retained an e1pectation of privacy in the residence, even though lease had e1pired, Chen landlord had
    not evicted the tenant Ay the statutorily re3uired legal process suAse3uent to the e1piration of the
    lease') gt 3h 9oreover, the facts that Dennis had some possessions in the apartment and he Cas
    found sitting there indicate that Dennis also suAEectively retained an interest in the apartment) gt 37h
    /he state asserts that Dennis nevertheless had no legitimate e1pectation of privacy in this apartment,
    Aecause he aAandoned the property prior to <ugust "7, #%%7) <s Ce stated in *tate v) +ussell,
    9ontgomery <pp) No) #"4.&, #%%72$hio2"37: gt 3&h Q7t has long Aeen settled that OLaM defendant
    has no standing under the 0ourth <mendment to the :nited *tates Constitution to oAEect to a search
    and seiIure of property that he has voluntarily aAandoned)R *tate v) 0reeman ("9&%', 4 $hio *t)#d
    #9", 4"4 N)()#d "%44, paragraph tCo of the syllaAus) <s the $hio *upreme Court has reiterated: gt
    39h Q O<Aandonment is primarily a 3uestion of intent, and intent may Ae inferred from "# Cords
    spo5en, acts done, and other oAEective facts) :nited *tates v) CoCan (C)<)#, "9&', 39 0)#d &3, &7)
    <ll relevant circumstances e1isting at the time of the alleged aAandonment should Ae considered)
    :nited *tates v) 9anning (C)<)., "97"', 44% 0)#d ""%., """") /he issue is not aAandonment in the
    strict property2right sense, Aut Chether the person preEudiced Ay the search had voluntarily discarded,
    left Aehind, or otherCise relin3uished his interest in the property in 3uestion so that he could no
    longer retain a reasonaAle e1pectation of privacy Cith regard to it at the time of the search) :nited
    *tates v) (dCards, supra, 44" 0)#d at 7.3= GatI v) :nited *tates ("97', 3&9 :)*) 347, &3 *)Ct) .%7)R
    7d) at #97, 3uoting :nited *tates v) ColAert (C)<)., "973', 474 0)#d "74, "7)Y +ussell, #%%72$hio2
    "37, at t#"2##) gt 4%h *tated simply, once a tenant has surrendered or aAandoned his or her
    apartment, the tenant no longer has a reasonaAle e1pectation of privacy in the premises) *ee +ussell)
    7f the tenant suAse3uently returned, his status Could Ae that of a trespasser) gt 4"h /he government
    Aears the Aurden of estaAlishing, Ay a preponderance of the evidence, that the defendant aAandoned
    the property at issue) *tate v) DuAose, "4 $hio <pp)3d 9&, #%%.2 $hio2%#, t43) gt 4#h <t the
    suppression hearing, the state presented the landlordRs statements, through $fficer Ginstle, that
    Dennis had cleaned out the apartment and had not Aeen seen at the apartment for a Cee5) Ginstle had
    also testified that the apartment Cas Qtypical of Chat youRd e1pect in a vacant apartment)Y No moving
    Ao1es Cere present and a feC random pieces of furniture remained) /he landlord assumed that all
    - 283-
    1
    2
    remaining property had Aeen aAandoned) gt 43h ?e do not find that the facts support the conclusion
    that Dennis aAandoned the apartment) *ignificantly, Dennis Cas found inside the apartment sitting in
    a 6a2Z2Boy chair) /his fact alone suggests that Dennis did not intend to aAandon the apartment and
    the property Cithin it) "3 (ven accepting that Dennis had not Aeen seen at <partment 0 for a Cee5, a
    Arief aAsence from a residence does not constitute aAandonment, particularly Chen the resident
    returns) 9oreover, the fact that Dennis had moved most of his possessions to another apartment did
    not estaAlish that he no longer had an e1pectation of privacy in the apartment, particularly Chen he
    continued to have a laCful possessory interest in the property) gt 44h /he trial court erred in
    concluding that Dennis Cas a trespasser in his apartment Chen the officers entered on <ugust "7,
    #%%7) <ccordingly, Dennis Cas entitled to contest the officersR entrance into and search of the
    apartment under the 0ourth <mendment) gt 4.h DennisRs first assignment of error is sustained) 777 gt
    4h DennisRs second assignment of error states: gt 47h Q/he opening of appellantRs door and entrance
    into his apartment violated his 0ourth <mendment constitutional rights)Y gt 4&h 7n his second
    assignment of error, Dennis claims that the officersR entry into his apartment violated his 0ourth
    <mendment rights, Aecause the officers lac5ed a EustifiaAle Aasis for entering the apartment Cithout a
    Carrant) /he state responds that the officersR entry into the apartment Cas Aased on an oAEectively
    reasonaAle Aelief that the apartment Cas vacant and, thus, the evidence seiIed did not need to Ae
    suppressed) gt 49h /he trial courtRs decision dealt mainly Cith standing and Cith the officersR actions
    once they entered the apartment, Aut the 3uestion of the laCfulness of the entry Cas clearly Aefore the
    court Ay Cay of the original motion, the evidence, and the arguments) 0or e1ample, the defense
    counsel stated that Qeven if the court finds they had reason to enter the apartmentY and the prosecutor
    argued that Qthese officers acted reasonaAly in entering that apartment to pursue the trespass "4
    complaint)Y
    ?oods v) *tate, 7%3 N)()#d """. 7nd)<pp),"99& (vidence that health cluA memAer remained on cluA
    premises after Aeing informed Ay manager, Aased on erroneous computer records, that her
    memAership had e'pired, and after Aeing as5ed to leave, Cas insufficient to support conviction for
    criminal trespass, Chere memAer had fair and reasonaAle Aelief that she Cas entitled to Ae present on
    cluA property and in fact had undisputed Aona fide contractual interest in Aeing present on cluA
    property, evidenced Ay her memAership contract) ?est4s <)7)C) 3.2432#2#(a'(#')
    Qgt "7h DennisRs first assignment of error states:
    gt "&h Q/he trial court erred in determining that appellant Cas a trespasser and lac5ed

    standing to suppress the entry into his apartment and suAse3uent search of the premises)Y
    gt "9h Dennis claims that the trial court erred in determining that he Cas a trespasser and in
    concluding that he lac5ed standing to challenge the entry into the apartment) 8e argues that he could
    not Ae considered a trespasser at his apartment until a court entered an order of restitution of the
    premises to the landlord in a civil action, pursuant to +)C) Chapter "9#3) Dennis further asserts that
    - 284-
    1
    2
    the circumstances of this case are distinguishaAle from *tate v) 6ittle, 9ontgomery <pp) No) "997,
    #%%42$hio2"&"4, and *tate v) 0leming, Clar5 <pp) No) #%%3 C< 7", #%%42$hio2.#7&, upon Chich
    the trial court relied to support its conclusion that Dennis Cas a trespasser and lac5ed standing to
    oAEect to the officersR entry into the apartment)
    gt #%h 7n revieCing the trial courtRs ruling on a motion to suppress evidence, this court must
    accept the findings of fact made Ay the trial court if they are supported Ay competent, crediAle
    evidence) *ee also *tate v) 9organ (Ban) "&, #%%#', 9ontgomery <pp) No) "&9&., #%%# ?6 3"9)
    8oCever, Qthe revieCing court must independently determine, as a matter of laC, Chether the facts
    meet the appropriate legal standard)Y 7d)
    gt #"h /he 0ourth <mendment to the :nited *tates Constitution secures an individualRs right
    to Ae free from unreasonaAle searches and seiIures) 0ourth <mendment rights are personal in nature,
    and they may not Ae asserted vicariously Ay third parties) +a5as v) 7llinois ("97&', 439 :)*) "#&,
    "332"34, 99 *)Ct) 4#", .& 6)(d)#d 3&7) Q< person aggrieved Ay the introduction of evidence secured
    Ay an illegal search of a third personRs premises or property has not suffered any infringement upon
    his 0ourth <mendment rights)Y *tate v) 8enderson, 9ontgomery <pp) No) ##%#, #%%&2$hio2""%,
    t9, citing +a5as at "34) Conse3uently, the person challenging the legality of a search Aears the
    Aurden of proving that he has a legitimate e1pectation of privacy in the place searched that society is
    prepared to recogniIe as reasonaAle) +a5as at "43= *tate v) ?illiams ("99.', 73 $hio *t)3d ".3, ")
    7
    /he individual must have a suAEective e1pectation of privacy in the placed searche, and that
    e1pectation must Ae oAEectively reasonaAle and EustifiaAle) +a5as at "43= *tate v) BuIIard, ""# $hio
    *t)3d 4.", #%%72$hio2373, t"4)
    gt ##h It is !e esta#ished that a tenant has an e'pectation of pri)acy in his or her rented
    apartment, :*ecause the right to e'cude others is one of the main rights attaching to property,
    tenants in a!fu possession of a home or apartment generay ha)e a egitimate e'pectation of
    pri)acy #y )irtue of ha)ing a property interest in a specific piece of rea estate,= Ciggins ),
    Peno#scot Cty,, SheriffFs <ept, $9une 3, 3447&, <,Maine No, 45%/7E%*%@, See aso Copey ),
    ;oorhies $(ug, 3E, 344E&, S,<,Ohio No, 3D4B%c)%?5E, 344E @L 35B3B7/, citing -a"as, 501 +,S, at
    /50, 11 S,Ct, 53/, 7? L,Ed,3d 0?E, fn,/3 $:(n indi)idua has a Zegitimate e'pectation of
    pri)acyF
    and, therefore, standing to chaenge a! enforcementFs !arrantess search on property that the
    indi)idua a!fuy possesses=&,
    YW 30X In e)auating !hether <ennis had a egitimate e'pectation of pri)acy in the apartment,
    the tria court reied upon Litte and 8eming, in !hich !e hed that the defendants had no
    egitimate
    e'pectation of pri)acy in the premises, #ecause they !ere trespassers at the time of the officersF
    entry,
    7n 6ittle, the defendant, in the past, had Aeen an overnight guest in his girlfriendRs apartment)
    8oCever, at the time officers entered the apartment, the girlfriend had vacated the apartment and had
    told the landlord that she had tried to remove her Aoyfriend from the apartment) ?e affirmed the
    trial courtRs conclusion that 6ittle lac5ed standing to Aring a 0ourth <mendment challenge, Aecause
    Qhis status Cas simply that of a trespasserY Chen the officers entered the apartment)
    gt #4h 7n 0leming, the defendant Cas a paying hotel guest at the time of the search)
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    1
    2
    8oCever, prior to the officersR entry into the hotel room, the hotel manager had tCice as5ed 0leming
    and the other occupants to vacate the premises) ?e concluded that the managerRs re3uest constituted
    &
    an e)iction from the hotel room and that 0leming lost his possessory interest in the room)
    <ccordingly, Chen the officers entered the room, 0lemingRs status Cas that of a trespasser Cith no
    legitimate e1pectation of privacy) *ee also :nited *tates v) <llen (C)<), "997', "% 0)3d 9.
    (stating that a motel occupantRs reasonaAle e1pectation of privacy in his motel room ended Chen the
    rental period e1pired or the motel manager otherCise too5 possession of the room')
    gt #.h <lthough the defendants in 6ittle and 0leming Cere not former or current tenants of
    an apartment, such as Dennis, Aoth cases instruct that once an individual Aecomes a trespasser, the
    individual loses any legitimate e1pectation of privacy that he once had in the premises) 8oCever, as
    neither a social guest nor a hotel guest has the statutory protections against e)iction that a tenant has,
    6ittle and 0leming are not controlling for determining Chether Dennis had Aecome a trespasser)
    gt #h ?e therefore turn to Chether Dennis retained a reasonaAle e1pectation of privacy in
    <partment 0 Chen the officers entered Cithout a Carrant on <ugust "7, #%%7) Dennis claims that the
    evidence Cas insufficient to estaAlish that he Cas a trespasser P and, conse3uently, that he no longer
    had a reasonaAle e1pectation of privacy P Aecause he Cas still in QlaCful possessionY of the
    apartment since there Cas no evidence that the proper legal procedures for e)iction had Aeen
    completed under +)C) Chapter "9#3)
    gt #7h QLCMoncepts of state property laC are relevant, Aut not necessarily dispositive, for
    deciding the 3uestion Chether there Cas a legitimate privacy interest for L0Mourth L<Mmendment
    purposes)Y :nited *tates v) *ledge (C)<)9, "9&"', .% 0)#d "%7., "%&#)
    gt #&h QL7Mt is unnecessary and ill2advised to import into the laC surrounding the
    constitutional right to Ae free from unreasonaAle searches and seiIures suAtle distinctions, developed
    and refined Ay the common laC in evolving the Aody of private property laC Chich, more than
    almost any other Aranch of laC, has Aeen shaped Ay distinctions Chose validity is largely historical)Y
    9
    Bones v) :nited *tates ("9%', 3# :)*) #.7, #, &% *)Ct) 7#., 4 6)(d)#d 97, overruled on other
    grounds Ay :nited *tates v) *alvucci ("9&%', 44& :)*) &3, "%% *)Ct) #.47, . 6)(d)#d "9) *ee also
    @eorgia v) +andolph (#%%', .47 :)*) "%3, ""%, "# *)Ct) "."., "4 6)(d)#d #%& (stating that
    Q0ourth <mendment rights are not limited Ay the laC of propertyY')
    gt #9h <t the same time, QLaMlthough property LlaCM concepts are not necessarily
    determinative of 0ourth <mendment rights, they are nonetheless helpful in assessing Chich
    e1pectations society is prepared to recogniIe as legitimate) 7n particular, a tenantRs e1pectation of
    privacy in his apartment ceases to Ae OoAEectively EustifiaAleR Chen his occupancy ceases to Ae
    laCful, as determined Ay the terms of his lease and the provisions of his stateRs landlord2tenant laC)Y
    (Citations omitted)' :nited *tates v) +oss (C)<), #%%#', 43 0ed)<pp1) 7.", 7.7)
    gt 3%h :nder $hio laC, a landlord must folloC a three2step process to e)ict a tenant) Q0irst,
    the landlord must serve the tenant Cith a notice to terminate the tenancy) +)C) .3#")"7) *econd, a
    timely notice to vacate the premises must Ae served on the tenant) +)C) "9#3)%4) /hird, the landlord
    must file a complaint in forciAle entry and detainer) +)C) "9#3)%.)Y *teiner v) 9in5oCs5i ("99"', 7#
    $hio <pp)3d 7.4, 7")
    gt 3"h 7t is undisputed that Dennis had Aeen a tenant of "7"9 +adio +oad, <partment 0, and
    he Cas found at the apartment on <ugust "7, #%%7) /he record estaAlished, hoCever, that Dennis
    had received tCo e)iction notices, one of Chich (the three2day notice' had Aeen seen Ay Ginstle in
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    1
    2
    the apartment) Dennis ac5noCledged that he had received Aoth a 3%2day e)iction notice and a
    threeday
    e)iction notice, and he stated to the officers that he had Aeen Qe)icted)Y <ccording to DennisRs
    landlord, the apartment had not Aeen cleaned and the loc5s had not Aeen changed simply Aecause the
    landlord Cas on vacation) /he QunofficialY careta5er had Aeen instructed to call the police if Dennis
    returned)
    "%
    gt 3#h 7n our vieC, Dennis met his Aurden of estaAlishing that he had laCful possession of
    the apartment) ?hile the evidence indicated that Dennis Cas a tenant of <partment 0 and that he
    had Aeen ordered to leave the apartment Ay the landlord, Qhe didnRt say anything aAout Chen he Cas
    supposed to leave)Y DennisRs statement that he had Aeen Qe)ictedY is simply his vernacular
    ac5noCledgment that he had Aeen served Cith e)iction notices) /here Cas no evidence Aefore the
    court demonstrating that his tenancy had e1pired) /he fact that Dennis had a tenancy interest in the
    apartment Cas sufficient to demonstrate that he had laCful possession of the apartment and, thus, a
    reasonaAle e1pectation of privacy)
    gt 33h <lthough the trial court found that Dennis had Aeen served Cith e)iction notices, this
    evidence Cas insufficient to reAut the evidence that Dennis had laCful possession of the apartment
    and retained a reasonaAle e1pectation of privacy in the premises) $hio landlord2tenant laC does not
    alloC for Qself2helpY Ay a landlord) <s stated aAove, a landlord is re3uired to successfully Aring a
    forciAle entry and detainer action against Dennis in order to effectuate an e)iction) ?ithout a
    Eudgment of restitution in the landlordRs favor, Dennis could continue to laCfully possess the
    premises) *ee *tate e1 rel) Ben5ins v) 8amilton Cty) Court, <rea No) (ight ("9"', ""4 $hio <pp)
    #3", #33 (forciAle entry and detainer action determines the right to immediate possession of the
    property'= +)C) "9#3)%9, "9#3)"", "9#3)"3, and "9#3)"4)
    gt 34h /his is not to say that a tenant has the right in all circumstances to remain in an
    apartment P and to enEoy a reasonaAle e1pectation of privacy that society is prepared to recogniIe P
    once he has Aeen served Cith the re3uired notices and papers) +ather, although there is a paucity of
    $hio laC on this suAEect, it is to hold that it is certainly not the prerogative of a landlord, unilaterally,
    Ay the simple delivery of civil notices availaAle at any convenience store or over the internet, to
    remove a tenantRs reasonaAle e1pectation of privacy) < tenant, having received such papers, may
    ""
    thin5 that he can pay Aac5 rent (if that is the reason for the notices' and stay, may realiIe that his
    laCful presence in the apartment Cill soon Ae terminated, or may decide Eust to leave on his oCn, Aut
    he does not reasonaAly e1pect that he has immediately Aeen transformed into a trespasser and that the
    landlord or the police or anyone else can enter his apartment) <ccordingly, in order to refute
    evidence that Dennis Cas a laCful tenant, the state Cas re3uired to present some evidence that
    Dennis Cas legally a trespasser) No such evidence Cas presented)
    gt 3.h ?hile DennisRs property rights are not determinative of his 0ourth <mendment rights,
    Ce conclude that in the aAsence of evidence that he had Aeen laCfully eEected from the apartment,
    Dennis could not properly Ae considered a trespasser in his apartment solely due to his receipt of
    e)iction notices) *ee, for e1ample, *chneider v) *tate (*ept) 3, #%%3', <r5)<pp) No) C<C+ %#277",
    #%%3 ?6 ##%.#&3# (holding that under state laC, the defendant2tenant retained an e1pectation of
    privacy in the residence, even though lease had e1pired, Chen landlord had not e)icted the tenant Ay
    the statutorily re3uired legal process suAse3uent to the e1piration of the lease')
    gt 3h 9oreover, the facts that Dennis had some possessions in the apartment and he Cas
    found sitting there indicate that Dennis also suAEectively retained an interest in the apartment)
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    1
    2
    gt 37h /he state asserts that Dennis nevertheless had no legitimate e1pectation of privacy in
    this apartment, Aecause he aAandoned the property prior to <ugust "7, #%%7) <s Ce stated in *tate
    v) +ussell, 9ontgomery <pp) No) #"4.&, #%%72$hio2"37:
    gt 3&h Q7t has long Aeen settled that OLaM defendant has no standing under the 0ourth
    <mendment to the :nited *tates Constitution to oAEect to a search and seiIure of property that he has
    voluntarily aAandoned)R *tate v) 0reeman ("9&%', 4 $hio *t)#d #9", 4"4 N)()#d "%44, paragraph
    tCo of the syllaAus) <s the $hio *upreme Court has reiterated:
    gt 39h Q O<Aandonment is primarily a 3uestion of intent, and intent may Ae inferred from
    "#
    Cords spo5en, acts done, and other oAEective facts) :nited *tates v) CoCan (C)<)#, "9&', 39 0)#d
    &3, &7) <ll relevant circumstances e1isting at the time of the alleged aAandonment should Ae
    considered) :nited *tates v) 9anning (C)<)., "97"', 44% 0)#d ""%., """") /he issue is not
    aAandonment in the strict property2right sense, Aut Chether the person preEudiced Ay the search had
    voluntarily discarded, left Aehind, or otherCise relin3uished his interest in the property in 3uestion so
    that he could no longer retain a reasonaAle e1pectation of privacy Cith regard to it at the time of the
    search) :nited *tates v) (dCards, supra, 44" 0)#d at 7.3= GatI v) :nited *tates ("97', 3&9 :)*)
    347, &3 *)Ct) .%7)R 7d) at #97, 3uoting :nited *tates v) ColAert (C)<)., "973', 474 0)#d "74, "7)Y
    +ussell, #%%72$hio2"37, at t#"2##)
    gt 4%h *tated simply, once a tenant has surrendered or aAandoned his or her apartment, the
    tenant no longer has a reasonaAle e1pectation of privacy in the premises) *ee +ussell) 7f the tenant
    suAse3uently returned, his status Could Ae that of a trespasser)
    gt 4"h /he government Aears the Aurden of estaAlishing, Ay a preponderance of the evidence,
    that the defendant aAandoned the property at issue) *tate v) DuAose, "4 $hio <pp)3d 9&, #%%.2
    $hio2%#, t43)
    gt 4#h <t the suppression hearing, the state presented the landlordRs statements, through
    $fficer Ginstle, that Dennis had cleaned out the apartment and had not Aeen seen at the apartment for
    a Cee5) Ginstle had also testified that the apartment Cas Qtypical of Chat youRd e1pect in a vacant
    apartment)Y No moving Ao1es Cere present and a feC random pieces of furniture remained) /he
    landlord assumed that all remaining property had Aeen aAandoned)
    gt 43h ?e do not find that the facts support the conclusion that Dennis aAandoned the
    apartment) *ignificantly, Dennis Cas found inside the apartment sitting in a 6a2Z2Boy chair) /his
    fact alone suggests that Dennis did not intend to aAandon the apartment and the property Cithin it)
    "3
    (ven accepting that Dennis had not Aeen seen at <partment 0 for a Cee5, a Arief aAsence from a
    residence does not constitute aAandonment, particularly Chen the resident returns) 9oreover, the
    fact that Dennis had moved most of his possessions to another apartment did not estaAlish that he no
    longer had an e1pectation of privacy in the apartment, particularly Chen he continued to have a
    laCful possessory interest in the property)
    gt 44h /he trial court erred in concluding that Dennis Cas a trespasser in his apartment Chen
    the officers entered on <ugust "7, #%%7) <ccordingly, Dennis Cas entitled to contest the officersR
    entrance into and search of the apartment under the 0ourth <mendment)
    gt 4.h DennisRs first assignment of error is sustained)
    777
    gt 4h DennisRs second assignment of error states:
    gt 47h Q/he opening of appellantRs door and entrance into his apartment violated his 0ourth
    <mendment constitutional rights)Y
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    1
    2
    gt 4&h 7n his second assignment of error, Dennis claims that the officersR entry into his
    apartment violated his 0ourth <mendment rights, Aecause the officers lac5ed a EustifiaAle Aasis for
    entering the apartment Cithout a Carrant) /he state responds that the officersR entry into the
    apartment Cas Aased on an oAEectively reasonaAle Aelief that the apartment Cas vacant and, thus, the
    evidence seiIed did not need to Ae suppressed)
    gt 49h /he trial courtRs decision dealt mainly Cith standing and Cith the officersR actions
    once they entered the apartment, Aut the 3uestion of the laCfulness of the entry Cas clearly Aefore the
    court Ay Cay of the original motion, the evidence, and the arguments) 0or e1ample, the defense
    counsel stated that Qeven if the court finds they had reason to enter the apartmentY and the prosecutor
    argued that Qthese officers acted reasonaAly in entering that apartment to pursue the trespass
    "4
    complaint)Y
    gt .%h /he stateRs argument is Aased on the QreasonaAle AeliefY portion of the consent
    e1ception to the Carrant re3uirement, Chich Cas first articulated in 7llinois v) +odrigueI ("99%', 497
    :)*) "77, ""% *)Ct) #793, """ 6)(d)#d "4&) +odrigueI held that the police officersR Carrantless
    search of a residence Cas valid Chen the consent to search Cas given Ay the defendantRs girlfriend,
    Chom the police reasonaAly P Aut erroneously P Aelieved had common authority to give consent) 7n
    reaching this conclusion, the court emphasiIed that the essence of the 0ourth <mendment is to
    protect citiIens against QunreasonaAleY searches and seiIures) 7d) at "&3) /he court continued:
    gt ."h Q7t is apparent that in order to satisfy the OreasonaAlenessR re3uirement of the 0ourth
    <mendment, Chat is generally demanded of the many factual determinations that must regularly Ae
    made Ay agents of the government P Chether the magistrate issuing a Carrant, the police officer
    e1ecuting a Carrant, or the police officer conducting a search or seiIure under one of the e1ceptions
    to the Carrant re3uirement P is not that they alCays Ae correct, Aut that they alCays Ae reasonaAle)Y
    7d) at "&.)
    gt .#h /he court therefore concluded that so long as the police reasonaAly Aelieved that the
    defendantRs girlfriend had the authority to consent to the search, no 0ourth <mendment violation had
    occurred)
    gt .3h /he state asserts that Ce applied +odrigueI in *tate v) 9cGinley, 9ontgomery <pp)
    No) #"&, #%%72$hio237%., in Chich, according to the state, Ce upheld the police officersR
    Carrantless entry into a house under circumstances similar to those presented in this case) 7n
    9cGinley, Dayton police officers responded to a QAurglary in progressY call and Cere met Ay a
    Coman Cho claimed to oCn the property) /he Coman indicated that the house Cas supposed to Ae
    vacant, Aut a Chite male had Aro5en in and entered through the rear of the house) /he officers
    ".
    Cal5ed around the Aac5 and noticed that the e1terior door on the second floor Cas open) :pon going
    inside, one officer oAserved a large mariEuana2groCing operation, and he encountered a man in an
    office chair Cho claimed to live there) /he man provided identification that indicated that his
    residence Cas at that address)
    gt .4h ?e affirmed that trial courtRs denial of 9cGinleyRs motion to suppress Aased on his
    assertion that the officers lac5ed e1igent circumstances to enter the home) Citing +odrigueI, Ce
    stated that Qthe police acted reasonaAly in relying on the ComanRs representation)Y ?e reasoned:
    gt ..h Q/here Cas nothing in the surrounding circumstances that suggested that the officers
    should have douAted the ComanRs assertions that she oCned the property, that it Cas supposed to Ae
    vacant and that an intruder Cas on the premises) 7n short, it Cas oAEectively reasonaAle for the
    officers to rely on her permission to enter the house to capture the suspected intruder)Y ((mphasis
    - 289-
    1
    2
    added)'
    gt .h /he present case is not directly analogous to 9cGinley Aecause, as in +odrigueI, the
    police officers in 9cGinley had a reasonaAle, good2faith Aelief that they had received consent to enter
    the premises from a person Cith apparent authority to give such consent) /hat is not the case here)
    gt .7h /he *upreme Court has set forth a Qgood faithY e1ception to the e1clusionary rule and
    has repeatedly held in Carrant situations that the e1clusionary rule does not apply Chen, vieCing the
    circumstances oAEectively, the police officers reasonaAly relied on mista5en information) *ee, e)g),
    :nited *tates v) 6eon ("9&4', 4& :)*) &97, "%4 *)Ct) 34%., &# 6)(d)#d 77 (holding that the
    e1clusionary rule did not Aar evidence oAtained in accordance Cith a facially valid search Carrant
    that Cas later invalidated'= <riIona v) (vans ("99.', ."4 :)*) ", "". *)Ct) ""&., "3" 6)(d)#d 34
    (holding that the e1clusionary rule did not apply Chen officers reasonaAly relied on an arrest Carrant
    that Cas later determined to Ae erroneous due to mista5es Ay court employees'= 8erring v) :nited
    "
    *tates (#%%9', [[ :)*) [[, "#9 *)Ct) 9. (holding that e1clusionary rule did not apply Chen the arrest
    Cas Aased on a mista5en Aelief that an arrest Carrant Cas outstanding, Chen another officer had
    negligently failed to update records') 8oCever, the good2faith e1ception has Aeen applied Qalmost
    e1clusively in the conte1t of a search pursuant to a search or arrest Carrant that is later found
    defective)Y *tate v) *imon ("997', ""9 $hio <pp)3d 4&4, 4&&)
    gt .&h ?e need not resolve Chether +odrigueI should Ae e1tended or the good2faith
    e1ception should apply Chen police officers reasonaAly, Aut mista5enly, Aelieve that a residence is
    vacant and thus no one has a reasonaAle e1pectation of privacy in it) (ven assuming, arguendo, that
    an e1ception alloCed the officers to QreasonaAly relyY on information that DennisRs apartment Cas
    vacant, the facts of this case also do not support applying any such e1ception)
    gt .9h 8ere, the officers responded to "7"9 +adio +oad on an anonymous call that a female
    Cas inside a vacant apartment in the Auilding) :pon arriving, the officers met a Coman Cho claimed
    to Ae a resident of the Auilding) Ginstle testified to their conversation as folloCs:
    gt %h Q<nd Ce as5ed her if there Cere any vacant, recently e)icted apartments in the
    Auilding) *he stated there Cas only one and it Cas <partment 0) <nd she even said that the guyRs
    name Cas ODennisR is Chat she said it) *he said, and heRs Aeen e)icted so the apartment is supposed
    to Ae vacant, is Chat she told us)Y
    gt "h <lthough the dispatch informed the officers that a female trespasser Cas located in a
    vacant apartment, the officers had no information aAout the individual Cho called them)
    Conse3uently, the police had no Cay to assess the reliaAility of the information contained in the
    dispatch) /he Coman Cho let the officers into the Auilding Cith her 5ey appeared to suAstantiate the
    information that there Cas a vacant apartment) 8oCever, the Coman Cas not the landlord, the
    officers did not 5noC her, and she did not tell the officers hoC she 5neC that Dennis had Aeen
    "7
    Qe)ictedY and that the apartment Cas supposed to Ae vacant)
    gt #h /he officers received an anonymous call aAout a female trespasser inside a vacant unit
    at an apartment Auilding= upon arrival, an un5noCn Coman Cho appeared to Ae a resident of the
    Auilding told them there Cas only one vacant unit and that the former occupant had Aeen e)icted)
    /he officers 5noc5ed on the door, and no one immediately ansCered) ?ithout more information
    aAout the source of the un5noCn residentRs information or additional information to suAstantiate the
    report that the apartment Cas vacant, the officers could not reasonaAly conclude that <partment 0
    Cas vacant)
    gt 3h /he core of the 0ourth <mendment is that an infringement of an individualRs
    - 290-
    1
    2
    reasonaAle e1pectation of privacy re3uires a Carrant or, at least, proAaAle cause or a recogniIed
    e1ception to this re3uirement) ?hile Qthese e1ceptions are neither feC nor Cell2delineated,Y
    Bradley, /Co 9odels of the 0ourth <mendment ("9&.', &3 9ich)6)+ev) "4&, "473, cited in
    California v) <cevedo ("99"', .%% :)*) .., .&#, """ *)Ct) "9&#, ""4 6)(d)#d "9 (*calia, B),
    concurring', they are still Eust that P e1ceptions) /he officersR entry into the apartment did not fall
    under any e1ception to the 0ourth <mendment or its remedy, the e1clusionary rule)
    gt 4h DennisRs second assignment of error is sustained)
    7-
    gt .h 8aving sustained Aoth assignments of error, Ce Cill reverse the trial courtRs
    Eudgment, and the matter Cill Ae remanded for further proceedings)
    Budgment accordingly)
    D$N$-<N, ;)B), concurs)
    @+<D>, B), dissents)
    "&
    [[[[[[[[[[[[[[[[[[
    @+<D>, Budge, dissenting)
    gt h /he maEorityRs decision sustaining the first assignment of error is Aased on a
    misreading of the record and the laC applicaAle to it)
    gt 7h /he trial court did not find that defendant Dennis Cas a trespasser and therefore lac5s
    standing to prosecute his motion to suppress evidence Aecause heRd Aeen Qe)icted)Y +ather, the court
    found that Dennis Cas a trespasser Aecause Qhe had received tCo e)iction notices prior to the
    (officerRs' entry into the apartment)Y
    gt &h /he finding the trial court made assumes the application of +)C) "9#3)%#(B' and
    .3#")"7(B' to the effect that the notices Dennis received had on his tenancy) /hose sections provide
    that such notices terminate an oral, month2to2month tenancy) DennisRs landlord could then elect to
    treat Dennis as a trespasser) Bohnson v) BroCn, Clar5 <pp) No) #%%#2C<27, #%%32$hio2"#.7, t"#)
    7t is clear from this record that his landlord did)
    gt 9h /he maEority holds that a Eudgment entered pursuant to +)C) "9#3)%9(<' Cas instead
    necessary in order to terminate DennisRs tenancy) /he maEority relies on *teiner v)
    9in5oCs5i ("99"', 7# $hio <pp)3d 7.4, and *tate e1 rel) Ben5ins v) 8amilton Cty) Court ("9"', ""4
    $hio <pp) #3") Neither case involved an oral tenancy, hoCever)
    gt 7%h /he record does not reflect Chether DennisRs tenancy Cas oral or Critten or indicate
    its duration) 7t Cas DennisRs Aurden to offer evidence on the terms of his tenancy folloCing the
    stateRs oAEection that he lac5s standing) <ny aAuse of discretion the trial court committed in
    assuming an oral, month2to2month tenancy is therefore chargeaAle to Dennis)
    gt 7"h Nevertheless, even on the assumption the court made, Dennis demonstrated that he
    "9
    Cas entitled to the protections afforded Ay the 0ourth <mendment Chen officers opened the door to
    his apartment and entered on <ugust "7, #%%7)
    gt 7#h /he deadlines the landlordRs tCo notices presented had not yet passed on the date
    police entered, according to DennisRs uncontradicted testimony, and he Cas using the time remaining
    to move out) 8is landlord therefore QsufferedY DennisRs presence on the premises for that limited
    time and purpose, Bohnson v) BroCn, Chich Ay reference to Aoth laCs of property and understandings
    that society recogniIes conferred a legitimate e1pectation of privacy on Dennis) +a5as v) 7llinois
    ("97&', 439 :)*) "#&, 99 *)Ct) 4#", .& 6)(d)#d 3&7) Dennis therefore had a reasonaAle e1pectation
    of freedom from the governmental intrusion that occurred necessary to confer standing to complain
    - 291-
    1
    2
    of a 0ourth <mendment violation) 9ancusi v) De0orte ("9&', 39# :)*) 34, && *)Ct) #"#%, #%
    6)(d)#d "".4)
    gt 73h 7 Could sustain the first assignment of error on the foregoing analysis) 7 do not agree
    Cith the maEorityRs vieC that a Eudgment authoriIed Ay +)C) "9#3)%9(<' is alCays necessary on facts
    of this 5ind)
    gt 74h 9y dissent is from the maEorityRs decision sustaining the second assignment of error,
    Chich is not an assignment of error at all Aut is instead a proposition of laC that QLtMhe opening of
    appellantRs door and entrance into his apartment violated his 0ourth <mendment Constitutional
    rights)Y
    gt 7.h 8aving found that defendant lac5s standing, the trial court did not reach the issue of
    Chether the officers violated defendantRs 0ourth <mendment rights Chen they opened the door of his
    apartment) /he court instead found that having done that, the officers had proAaAle cause to arrest
    defendant as a trespasser and to seiIe the contraAand they saC him discard)
    gt 7h /he maEority nevertheless sustains the second assignment of error on a finding that
    #%
    defendantRs 0ourth <mendment rights Cere violated Chen officers opened the door to his apartment
    Aecause it Cas not reasonaAle for them to do that) 8ad the trial court so found, Ce could revieC the
    3uestion de novo) 8oCever, not having made any finding in that regard, the trial court committed no
    error in that regard for us to revieC) /he maEorityRs decision sustaining the second QassignmentY is
    therefore no more than a gratuitous e1pression of a legal opinion Ay a court lac5ing a EusticiaAle
    controversy to determine) 7n other Cords, it is an advisory opinion, offered prospectively and
    granting no relief)
    gt 77h <n appellate court may affirm an erroneous Eudgment on other grounds, so long as
    those grounds Cere fully adduced in the proceedings Aefore the trial court) *tate v) ;eagler ("99',
    7 $hio *t)3d 49) /here is no corollary to that rule that permits an appellate court to reverse a
    Eudgment on grounds that Cere fully adduced Aut on Chich the trial court rendered no Eudgment) /he
    trial court did not decide Chether opening defendantRs door violated his 0ourth <mendment rights) 7
    Could remand the case to the trial court to rule on that issue)
    Y
    7t Cas clearly reversiAle error for +9C Budge @ardner to deny Coughlin4s motion to suppress
    the 5noCledge of his presence Cithin the 3uasi2Aasement on ""!"3!"" (regardless of the fact that
    Coughlin4s presence therein Cas laCful given the, at Corst, claim of right defense that 6oomis
    refused to assert on Coughlin4s Aehalf negating the intent re3uirement found in +9C &)"%)%"%')
    Despite Coughlin4s ?C;D 6eslie4s malevolent attempts to elicit testimony to support and
    e1ception to N+* "7")"3 (ie, that a QcitiIen4s arrestY Cas made', even Chere the ?CD< DD<
    >oung failed to ma5e such argument or put anything into evidence to support such a contention, it is
    clear no citiIen4s arrest Cas effected on &!#%!"" of Coughlin Ay the s5ateAoarders) 7n fact, a video
    Cas offered into evidence (Chich Budge *ferraIIa e1cluded in clearly reversiAle error' that shoCs
    Coughlin e1tolling the youths to Ae peaceful and Cait for the police to arrive so the dispute could Ae
    handled in a civil manner Chere Coughlin himself called 9"" and reported that he Cas Aeing
    Qattac5edY Ay the youths and that they Cere attempting to steal his Aicycle and dog) 7n fact, in one of
    the 9"" calls Ay the alleged victim, @oAle, @oAle indicates that Coughlin Cas Qgiving us a hard timeY,
    Chich is hardly consistent Cith the youths detaining Coughlin or otherCise having made some
    - 292-
    1
    2
    QcitiIen4s arrestY) 0urther, any suggestion that Coughlin Cas trying to get aCay from the youths is
    thoroughly disproven Ay the very videos Couglhin himself filmed of the moments prior to the +;D
    arriving and the audio of the three different 9"" calls in 3uestion)
    /he illegality of the arrest does not affect the introduction and admissiAility of evidence
    Cholly untainted Ay the police misconduct)L0N7M L0N7M :) *) v) CreCs, 44. :)*) 43, "%% *) Ct)
    "#44, 3 6) (d) #d .37 ("9&%')>et, in some circumstances, suppression of evidence may Ae a proper
    remedy Chen it can Ae proven that the evidence Cas oAtained as a result of an illegal arrest)L0N&M
    L0N&M Com) v) BacoAsen, 4"9 9ass) #9, 44 N)()#d #"3 ("99.')
    K "#9) @enerally
    ?est4s Gey NumAer Digest
    ?est4s Gey NumAer Digest, <rrest 5.&, 3)3 ?est4s Gey NumAer Digest, Criminal 6aC 599,
    394)4(9', ."9(&' ?est4s Gey NumAer Digest, 7ndictment and 7nformation 5"44)"
    /he fact that an original arrest may have Aeen unlaCful does not affect the Eurisdiction of the court,
    L0N"M nor is it a ground for 3uashing the information)L0N#M <lso, the illegality of an arrest does not
    preclude trial of the accused for the offense,L0N3M even Chere the arrest violates the arrestee4s rights
    under the 0ourth <mendment of the :nited *tates Constitution)L0N4M < criminal complaint need not
    Ae dismissed as a result of an illegal arrest Chere there is no suAstantial delay in the proceedings and
    the defendant is not preEudiced in his or her defense,L0N.M or Chere the illegal arrest does not impair
    the suAse3uent prosecution)L0NM
    /he illegality of the arrest does not affect the introduction and admissiAility of evidence Cholly
    untainted Ay the police misconduct)L0N7M L0N7M :) *) v) CreCs, 44. :)*) 43, "%% *) Ct) "#44, 3 6)
    (d) #d .37 ("9&%')>et, in some circumstances, suppression of evidence may Ae a proper remedy
    Chen it can Ae proven that the evidence Cas oAtained as a result of an illegal arrest)L0N&M L0N&M
    Com) v) BacoAsen, 4"9 9ass) #9, 44 N)()#d #"3 ("99.') < confession oAtained Ay e1ploitation of
    an illegal arrest may not Ae used against a criminal defendant unless such confession results from an
    intervening independent act of a free Cill sufficient to purge the primary taint of the unlaCful
    invasion)L0N9M <dditionally, suAse3uent and intervening events can remove the taint of an illegal
    confession and arrest, such as discovering additional evidence)L0N"%M
    C:9:6</7-( *:;;6(9(N/
    Cases:
    Defendant Cas not entitled to dismissal of :niform /raffic /ic5et and Complaint (://C', Chich
    charged defendant Cith driving under the comAined influence of alcohol and controlled suAstances,
    even if arresting officer lac5ed proAaAle cause to effect arrest and even if arrest Carrant separate from
    ://C should have Aeen oAtained= remedy Could have Aeen suppression of evidence, not dismissal of
    charge) 9uldoon v) *tate, 9.9 *o) #d 9& (<la) Crim) <pp) #%%')
    L(ND $0 *:;;6(9(N/M
    L0N"M <m) Bur) #d, Criminal 6aC K #"3)
    L0N#M <m) Bur) #d, 7ndictments and 7nformations K ##)
    L0N3M 9cDonald v) *tate, "% 9d) <pp) #.&, #9 <)#d "93 ("97%')
    - 293-
    1
    2
    L0N4M ;ayton v) NeC >or5, 44. :)*) .73, "%% *) Ct) "37", 3 6) (d) #d 39 ("9&%')
    L0N.M Com) v) BacoAsen, 4"9 9ass) #9, 44 N)()#d #"3 ("99.')
    L0NM *tate v) @raham, #%% Conn) 9, .%9 <)#d 493 ("9&')
    L0N7M :) *) v) CreCs, 44. :)*) 43, "%% *) Ct) "#44, 3 6) (d) #d .37 ("9&%')
    L0N&M Com) v) BacoAsen, 4"9 9ass) #9, 44 N)()#d #"3 ("99.')
    L0N9M /aylor v) <laAama, 4.7 :)*) &7, "%# *) Ct) #4, 73 6) (d) #d 3"4 ("9&#'=
    :)*) v) *haC, 44 0)3d "., #%% 0(D <pp) %34; (th Cir) #%%'= 9oore v) *tate,
    933 *o) #d 9"% (9iss) #%%')
    L0N"%M Bac5son v) *tate, 33 *)?)3d &#& (/e1) Crim) <pp) #%%%')
    K "3%) ?aiver of illegality
    ?est4s Gey NumAer Digest
    ?est4s Gey NumAer Digest, <rrest 53)", 3)4(4' 3)4(7)"', 3)4(".', 3)4("&' ?est4s Gey NumAer
    Digest, 0alse 7mprisonment 57('
    < person does not, in every instance, consent to a false arrest and imprisonment Ay merely
    accompanying an officer peacefully Cithout resisting arrest)L0N"M 7n some instances, hoCever,
    cooperation Cith a police officer, such as voluntarily ansCering a police officer4s 3uestions,L0N#M or
    readily suAmitting to arrest,L0N3M Cill Caive an individual4s claim to an illegal arrest)
    <n arrestee4s Caiver of a constitutional right, such as the right to remain silent, may Ae considered as
    a factor in determining Chether the taint of the initial arrest is purged,L0N4M if the arrestee4s Caiver is
    5noCing, and not the result of coercion)L0N.M <dditionally, even though an arrestee Caives a right
    leading to an illegal arrest, the individual4s arrest is nonetheless valid Chere other evidence that is not
    Qfruit of the poisonous treeY suAstantiates the arrest)L0NM 8oCever, a suspect4s refusal to Caive his
    or her constitutional rights may not Ae considered suspicious conduct to validate an illegal arrest)
    L0N7M < defendant Caives a claim that an arrest is illegal if the defendant fails to raise it Aefore
    trialL0N&M or plea)L0N9M /he issue may also not Ae raised for the first time on appeal)L0N"%M
    < person Cho Caives his or her right to a preliminary e1amination,L0N""M or gives Aail Aonds,L0N"#M
    does not Caive the illegality of the arrest, although a person4s Caiver of his or her preliminary
    e1amination may Ae considered as evidence as to Chether an individual4s arrest is supported Ay
    proAaAle cause)L0N"3M <dditionally, a defendant Caives a claim that arrest Carrants are improperly
    verified Chen he or she fails to 3uash the Carrants Aefore neC Carrants have Aeen properly filed)
    L0N"4M
    7t has Aeen held that a defendant does not Caive his or her right to claim civil liaAility or an illegal
    arrest Ay pleading guilty to a charge upon Chich the arrest Cas made)L0N".M 8oCever, it has also
    Aeen held that an arrestee Caives his or her civil claims, including a 4#
    :)*)C)<) K "9&3 cause of action, Chen the arrestee accepts adEournment in contemplation of
    dismissal in satisfaction of underlying criminal proceedings against the arrestee stemming
    from his or her arrest)L0N"M <dditionally, a defendant may not pursue a :)*)C)<) K "9&3 claim in
    some instances if his or her criminal prosecution is not resolved in his or her favor)L0N"7M
    C:9:6</7-( *:;;6(9(N/ Cases:
    - 294-
    1
    2
    (ven if police officers illegally stop an automoAile, they can arrest an occupant Cho is found to Ae
    Canted on a Carrant) Bohnson v) ;hillips, 4 0)3d #3# (&th Cir) #%""')
    L(ND $0 *:;;6(9(N/M
    L0N"M 9aracle v) *tate, .% 9isc) #d 34&, #7% N)>)*)#d 439 (Ct) Cl) "9')
    L0N#M *tate v) Daly, 3. *)?)3d #37 (/e1) <pp) <ustin #%%%')
    L0N3M Nic5ell v) Com), #&. *)?)#d 49. (Gy) "9..')
    L0N4M :)*) v) <dams, "37 0) *upp) #d #4% (?)D) N)>) #%%"')
    L0N.M *tate v) Daly, 3. *)?)3d #37 (/e1) <pp) <ustin #%%%')
    <s to an arrestee4s consent for a police officer to enter a home Cithout a Carrant, see K
    "%#)
    L0NM ;atterson v) *tate, "977 $G C+ ##", . ;)#d &.. ($5la) Crim) <pp) "977')
    L0N7M *tate v) 9oreno, "9 *o) #d # (6a) "993')
    L0N&M :)*) v) 6eCis, #4 0)3d 79 ("%th Cir) "994'= $rr v) *tate, #. <r5) .47, .%&
    *)?)#d 73" ("974')
    L0N9M ;eople v) *teCart, "&9 Cal) <pp) #d "7, "% Cal) +ptr) &79 (#d Dist) "9"'
    (failure to shoC arrestee Carrant'= 9cGay v) City of /ulsa, "9&& $G C+ #3&, 73 ;)#d
    7%3 ($5la) Crim) <pp) "9&&')
    L0N"%M 8odge v) *tate, 7. *)?)#d 3.3 (/e1) <pp) Dallas "9&&')
    L0N""M @iordenello v) :)*), 3.7 :)*) 4&%, 7& *) Ct) "#4., # 6) (d) #d ".%3 ("9.&')
    L0N"#M <lArecht v) :)*), #73 :)*) ", 47 *) Ct) #.%, 7" 6) (d) .%. ("9#7')
    L0N"3M *mith v) /rust Co) Ban5, #". @a) <pp) 4"3, 4.% *)()#d & ("994')
    L0N"4M <lArecht v) :)*), #73 :)*) ", 47 *) Ct) #.%, 7" 6) (d) .%. ("9#7')
    L0N".M 8otIel v) *immons, #.& ?is) #34, 4. N)?)#d &3 ("9."')
    L0N"M 8oc5 v) Gline, 3%4 <)D)#d 477, 7.& N)>)*)#d 4% ("st Dep4t #%%3') L0N"7M <s to federal
    constitutional claims, generally K "##)
    <s to civil remedies for an illegal arrest, see KK "#% et se3)
    K "##) 0ederal constitutional claims, generally
    ?est4s Gey NumAer Digest
    ?est4s Gey NumAer Digest, <rrest 53)4 ?est4s Gey NumAer Digest, Civil +ights 5"%37, "37 ?est4s
    Gey NumAer Digest, Constitutional 6aC 54.44 ?est4s Gey NumAer Digest, 0alse 7mprisonment 57
    /rial *trategy
    (1cessive 0orce Ay ;olice $fficer, #" <m) Bur) ;roof of 0acts 3d &.
    ;olice 9isconduct 6itigationS;laintiff4s +emedies, ". <m) Bur) /rials ...
    - 295-
    1
    2
    < laC enforcement officer may Ae liaAle for damages under 4# :)*)C)<) K "9&3 for false arrest,L0N"M
    false imprisonment,L0N#M malicious prosecution,L0N3M malicious aAuse of process,L0N4M or
    e1cessive force)L0N.M <lthough such section "9&3 claims are evaluated under the 0ourth
    <mendment4s right to remain free from unreasonaAle seiIures, a federal court Cill also loo5 to the
    laC of the state in Chich the arrest occurred to analyIe such claims)L0NM < municipality can also Ae
    liaAle under the due process clause Chen it, through its police department, tolerates and permits a
    pattern of police harassment, false arrest and malicious prosecution)L0N7M /o recover damages for an
    allegedly unconstitutional arrest, such as malicious prosecution, or for other harm caused Ay actions
    Chose unlaCfulness Could render the conviction or sentence invalid in a section "9&3 claim, the
    plaintiff must prove that the criminal proceeding has Aeen terminated in a plaintiff4s favor)L0N&M
    8oCever, a plaintiff4s claims relating to illegal search and improper arrest are not foreclosed Chen, if
    successful, they Could not necessarily undermine the defendant4s convictions)L0N9M
    C:9:6</7-( *:;;6(9(N/
    Cases:
    <rrestee4s conviction had to Ae invalidated Aefore he could Aring K "9&3 action on claim
    that arrest Cas unlaCful) :)*)C)<) Const)<mend) 4= 4# :)*)C)<) K "9&3) 0ifield v) Barrancotta, 3.3
    0ed) <pp1) 479 (#d Cir) #%%9')
    /o maintain a K "9&3 false arrest claim for Eudicial deception, a plaintiff must shoC that an officer
    Cho applied for an arrest Carrant deliAerately or rec5lessly made false statements or omissions that
    Cere material to the finding of proAaAle cause) :)*)C)<) Const)<mend) 4= 4#
    :)*)C)<) K "9&3) *mith v) <lmada, #3 0)3d "%7& (9th Cir) #%"%')
    < Carrantless arrest Cithout proAaAle cause violates the Constitution and provides a Aasis for a K
    "9&3 claim, Aut the e1istence of proAaAle cause at the time of the arrest constitutes an aAsolute Aar to
    a K "9&3 action for false arrest) :)*)C)<) Const)<mend) 4= 4# :)*)C)<) K "9&3) 0rias v) Demings,
    &#3 0) *upp) #d "#79 (9)D) 0la) #%""')
    ?arrantless arrest Cithout proAaAle cause violates 0ourth <mendment and forms Aasis for K "9&3
    claim) :)*)C)<) Const)<mend) 4= 4# :)*)C)<) K "9&3) Blac5shear v) City of 9iami Beach,, 799 0)
    *upp) #d "33& (*)D) 0la) #%""')
    $fficer Cho transported arrestee from scene of arrest to police station, Chere he Cas shoCn a facially
    valid arrest Carrant, Cas not liaAle for false arrest under K "9&3= officer responded to re3uest to
    transport prisoner for detective, arrestee Cas handcuffed Ay detective Aefore officer arrived on scene,
    detective secured arrestee in rear of officer4s s3uad car, officer transported arrestee to the police
    station, and officer Cas met in Aoo5ing room Ay detective, Cho provided officer Cith copies of
    complaint and Carrant for telephone harassment)
    :)*)C)<)
    Const)<mend) 4= 4# :)*)C)<) K "9&3) ZitI5a v) -illage of ?estmont, 743 0) *upp)
    #d &&7 (N)D) 7ll) #%"%') ;roAaAle cause to arrest is an aAsolute defense against K "9&3 false arrest
    claim) 4#
    :)*)C)<)
    - 296-
    1
    2
    K "9&3) 9cComas v) Bric5ley, &"9 0) *upp) #d &.# (*)D) 7nd) #%""', rev4d and remanded, #%"# ?6
    &%7"4. (7th Cir) #%"#')
    8ec5 v) 8umphrey did not Aar arrestee4s 0ourth <mendment claims against police officers Aased on
    unlaCfully oAtained Alood and urine samples since Eudgment for arrestee on her K "9&3 claims Could
    not necessarily imply that her driving under the influence (D:7' conviction, or her state conviction
    for Aattery on a police officer, Cas invalid) :)*)C)<) Const)<mend) 4= 4# :)*)C)<) K "9&3) Coo5 v)
    $lathe 9edical Center, 7nc), 773 0) *upp) #d 99% (D) Gan) #%""')
    Because proAaAle cause, as element of K "9&3 false arrest and malicious prosecution claims, is so
    fact2specific, it is not readily reduced to neat set of legal rules) 4# :)*)C)<) K "9&3) 7slam v) City of
    Bridgeton, &%4 0) *upp) #d "9% (D)N)B) #%""')
    <llegations in complaint Cere sufficient to shoC that county police officers arrested plaintiff Cithout
    Carrant or proAaAle cause, in support of K "9&3 claim alleging false arrest at anti2Car protest=
    although complaint admitted to possiAility that plaintiff Cas illegally in street prior to his arrest, it did
    not specifically descriAe any illegal acts, and fact that other protesters engaged in Dcivil disoAedienceD
    did not necessarily indicate that any illegal activity occurred or affect Chether officers had proAaAle
    cause to arrest plaintiff) :)*)C)<) Const)<mend) 4= 4#
    :)*)C)<) K "9&3) 9organ v) County of Nassau, 7#% 0) *upp) #d ##9 (()D) N)>) #%"%')
    < K "9&3 claim for false arrest re3uires proof that: ("' the defendant intended to confine the plaintiff,
    (#' the plaintiff Cas conscious of the confinement, (3' the plaintiff did not consent to confinement,
    and (4' the confinement Cas not otherCise privileged) :)*)C)<) Const)<mend) 4= 4# :)*)C)<) K
    "9&3) Britt v) Buffalo 9unicipal 8ousing <uthority, &#7 0)*upp)#d "9& (?)D) N)>) #%""')
    L(ND $0 *:;;6(9(N/M
    L0N"M 6arson v) Neimi, 9 0)3d "397 (9th Cir) "993'= 9artineI v) @onIaleI, ".# 0) *upp) #d "%.%
    (N)D) 7ll) #%%"')
    L0N#M ;rice v) Cochran, #%. 0) *upp) #d "#4" (D) Gan) #%%#', aff4d, 0ed) <pp1) 7&" ("%th Cir)
    #%%3' (Cife of arrestee Cas not suAEected to false imprisonment, under Gansas laC, precluding claim
    under 4# :)*)C)<) K "9&3 Chen she Cas precluded from reentering her house for tCo hours Chile
    police sought a Carrant to search the house for the presence of evidence folloCing valid arrest of her
    husAand'= @roman v) /oCnship of 9analapan, 47 0)3d #& (3d Cir) "99.')
    L0N3M /hac5er v) City of ColumAus, 3#& 0)3d #44, #%%3 0(D <pp) %"#7; (th Cir) #%%3')
    L0N4M *avino v) City of NeC >or5, 33" 0)3d 3 (#d Cir) #%%3')
    L0N.M K "#3, "#4)
    L0NM Baegly v) Couch, 439 0)3d "49 (#d Cir) #%%'= BroCn v) <yAar, 4." 0) *upp) #d 374, #"3 (d)
    6aC +ep) 99% (D) Conn) #%%')
    L0N7M <mons v) District of ColumAia, #3" 0) *upp) #d "%9 (D)D)C) #%%#')
    L0N&M 8ec5 v) 8umphrey, ."# :)*) 477, ""4 *) Ct) #34, "#9 6) (d) #d 3&3 ("994'= Clar5 v)
    Gentuc5y, ##9 0) *upp) #d 7"& (()D) Gy) #%%#' (claims of unlaCful seiIure and lac5 of proAaAle
    cause for arrest could not go forCard, although e1cessive force claim could go forCard')
    L0N9M *impson v) +oCan, 73 0)3d "34 (7th Cir) "99.')
    - 297-
    1
    2
    0urther, the pro1imity of Coughlin4s arrest on #!"!"3 after 7 pm considering Coughlin email to
    ?CD< Criminal Division early morning #!"!"3 is trouAling) <dditionally, ?CD< DD< ?atts2-ial4s
    refusal to respond to Coughlin4s properly issued suApoenas in his formal disciplinary hearing (see
    ?atts last minute ""!"3!"# fa1 to Coughlin refusing to have #BDC Budges and <dministrators appear
    or to produced materials re3ured Ay Coughlin4s suApoena duces tecum, all properly issued under *C+
    ""%, and Chere no fees Cere re3uired give *C+ "%.(4' and *C+ ""9(3', and Chere the ;anel Chair4s
    ""!7!"# $rder Juashing suApoenas on +9C Budges is void anyCays given Eurisdiction to so rule,
    under *C+ """(4' resides Cith NNDB Board Chair *usich, not ;anel Chair (cheverria, and Chere
    such does not apply to supAoenas issued to #BDC Budges and personnel) Coughlin sought to have
    #BDC and or ?atts2-ial compelled to so produced such at the peril of contempt at the ""!"4!"#
    formal hearing) 0urther, even if N+C; 4. Cas applicaAle, as DD< ?atts2-ial4s ""!"3!"# fa1
    indicates, Coughlin has Aeen characteriIed as Qan attorneyY and Coughlin Cas authoriIed to practice
    and appear pro se in that matter in *tate Bar Court of the *BN, including Ay e1press assertion made
    to Couglin on "%!".!"# Ay <sst) Bar Counsel Ging, relaying Chief Bar Counsel4s David Clar54s
    decision vis a vis Coughlin4s right to issue his oCn suApoenas (versus goign to the *BN and have
    Cler5 ;eters do so', and further in consideration of the 7!#7!"# Criting to Coughlin Ay NNDB Chair
    *usich directing Coughlin to confer Cith and oAtain any such indications from Bar Counsel, versus
    the NNDB)
    Q(a' /his CourtRs precedents provide no definitive ansCer to the 3uestion Chether counsel
    must Ae provided) /he *i1th <mendment grants an indigent criminal defendant the right to counsel,
    see, e)g), :nited *tates v) Di1on, .%9 :) *) &&, 9, Aut does not govern civil cases) Civil and
    criminal contempt differ) < court may not impose punishment Qin a civil contempt proceeding Chen it
    is clearly estaAlished that the alleged contemnor is unaAle to comply Cith the terms of the order)Y
    - 298-
    1
    2
    8ic5s v) 0eioc5, 4&. :) *) #4, 3&, n) 9) <nd once a civil contemnor complies Cith the underlying
    order, he is purged of the contempt and is free) 7d), at 33) /he Due ;rocess Clause alloCs a *tate to
    provide feCer procedural protections in civil contempt proceedings than in a criminal case) 7d), at
    37P4") Cases directly concerning a right to counsel in civil cases have found a presumption of such
    a right QonlyY in cases involving incarceration, Aut have not held that a right to counsel e1ists in all
    such cases) *ee 7n re @ault, 3&7 :) *) "= -ite5 v) Bones, 44. :) *) 4&%= and 6assiter v) Department of
    *ocial *ervs) of Durham Cty), 4.# :) *) "&) ;p) 7P"% @agnon v) *carpelli, 4"" :) *) 77& ("973'=
    7mpact of the @agnon decision <ll proAationers in the :nited *tates Cho incur a violation or multiple
    violations are guaranteed certain hearings Aefore any permanent, punitive action is ta5en) < @agnon 7
    hearing occurs Chen a proAationer is ta5en into custody for an alleged violation hearing= this first
    hearing determines if the proAation should remain in custody or Ae released Aac5 into the community)
    < @agnon 77 hearing is the final revocation procedure) < determination on the status of the proAation
    is made, and if the proAationer is found in violation, a sentence for the violation is handed doCn Ay
    the Budge) (ven if Couglhin may not have a right to representation paid Ay the state at either the
    #!"3!"3 Contempt 8earing in "#2%.3% (that4s not clear' or in the upcoming 3!""!"3 ;roAation
    -iolation 8earing (though, arguaAly, a @agnon 7 hearing is still re3uired to determine if the H.%% cash
    Aail is still properly held Ay the Court in ""2%334"', Coughlin hereAy re3uests this Court ta5e
    Eudicial notice of D"% Budge (lliot4s "!9!"3 $rder granting Coughlin in forma pauperis status, in
    addition to Budge Clifton granting Coughlin such status as Cell in "#2%.3% on ""!#7!"#)
    0urther, Coughlin4s suspended sentence in ""2%334" Cas unconsitutional in that Coughlin
    actually Cas deprived of his right to counsel (including to Ae his oCn counsel Chere Coughlin filed a
    Notice of <ppearance and <uthoriIation to +epresent on #!".!"# in ""2%334", Chile he Cas still a
    licensed attorney no less, Aut Cas still refused to right to proceed as his oCn counsel until finally, on
    - 299-
    1
    2
    "%!##!"#, upon Bim 6eslie purposefully saAotaging Coughlin4s case as much as he possiAly could,
    Budge *ferraIIa finally recogniIed Coughlin4s argument that he Cas Aeing forced to proceed Cithout
    any assistance from the *tate incident to the *i1th <mendment (Coughlin Cas continuously faced
    Cith a douAle edge sCord)))Ae his oCn counsel (e1cept for the fact that Budge *ferraIIa ruled
    Coughlin not competent to Ae his oCn counsel on &!#9!"#, though competent to stand trial, curiously,
    also curiosu is hoC Coughlin could Ae convicted in ""2%334" and then order to get a mental health
    evaluation))))':
    B) misdemeanors *entence of <ctual or *uspended 7mprisonment) <n indigent
    person has a *i1th <mendment right to counsel in all misdemeanor cases in Chich
    actual imprisonment or a suspended sentence of imprisonment is imposed) *ee
    <rgersinger v) 8amlin, 4%7 :)*) #. ("97#'= *cott v) 7llinois, 44% :)*) 37, 373P74
    ("979' (in misdemeanor cases, Qthe *i1th and 0ourteenth <mendments to the
    :nited *tates Constitution re3uire only that no indigent criminal defendant Ae
    sentenced to a term of imprisonment unless the state has afforded him the right to the
    assistance of appointed counselY'= <laAama v) *helton, .3. :)*) .4 (#%%#'
    (indigent defendant has right to appointed counsel in misdemeanor case if court
    imposes suspended sentence of imprisonment'= see also North v) +ussell, 4#7 :)*)
    3#& ("97.' (recogniIing that in tCo2tiered court system, such as North CarolinaRs
    district and superior court system, Eudge at each level must inform indigent
    defendant of right to counsel if sentence of confinement is to Ae imposed') /his rule
    has three effects) 0irst, if the court has not appointed counsel for an indigent
    defendant and the indigent defendant has not Caived counsel, the court is prohiAited
    from imposing an active or suspended sentence of imprisonment) 0or e1ample,
    suppose a district court Eudge refuses to appoint counsel in a misdemeanor case and
    continues the case to another date, Chen it Cill Ae heard Ay a second district court
    Eudge) 7f the second Eudge does not revisit the earlier refusal to appoint counsel and
    the defendant does not Caive counsel, the second Eudge may not sentence the
    defendant to an active or suspended term of imprisonment regardless of the evidence
    presented at trial or sentencing) *econd, if the court imposes a suspended sentence of
    imprisonment in violation of the defendantRs right to counsel, the court in a later
    proceeding may not revo5e the defendantRs proAation and activate the sentence) /his
    prohiAition applies even if the defendant is represented Ay counsel at the proAation
    revocation hearing) *ee *helton, supra= *tate v) Neeley, 3%7 N)C) #47, #97 *)()#d
    3&9 ("9&#' (trial Eudge may not activate suspended sentence if, in original
    proceeding in Chich suspended sentence Cas imposed, defendant did not have
    counsel and had not Caived counsel'= accord *tate v) Barnes, . N)C) <pp) 4#, 3"%
    *)()#d 3% ("9&3' (applying Neeley to district court case'= *tate v) Blac5, ." N)C)
    <pp) &7, #77 *)()#d .&4 ("9&"' (to same effect as Neeley') /hird, if the court
    imposed an active or suspended term of imprisonment for a misdemeanor despite
    - 300-
    1
    2
    the failure to appoint counsel, the conviction should not Ae availaAle in a suAse3uent
    proceeding to impeach, enhance a sentence, or increase the level of an offense) /he
    reason is that Chen a sentence of imprisonmentSactual or suspendedSis imposed
    for a misdemeanor, the case is considered serious enough to re3uire the protection
    of counsel) <s in a felony case, if a conviction is oAtained Cithout counsel having
    Aeen afforded to the defendant, the conviction should Ae suAEect to suppression) 7n
    this respect, the :)*) *upreme CourtRs decision in *helton, supra, Chich held that an
    indigent defendant has a right to counsel if a suspended sentence of imprisonment is
    imposed, appears to modify or at least clarify Nichols v) :nited *tates, ."" :)*) 73&
    ("994') Nichols held that a prior uncounseled conviction could Ae used to enhance a
    defendantRs sentence in a suAse3uent proceeding if the defendant did not have a right
    to counsel at the prior proceeding) <fter *helton, a prior conviction should not Ae
    useaAle in a suAse3uent proceeding if the prior conviction resulted in an active or
    suspended sentence of imprisonmentY
    ;lease find in (1hiAit " various relevant materials shoCing good cause Chy Eudicial economy
    Coudl Ae Aest served to continue the 3!""!"3 *hoC Cause 8earing) Coughlin has recently completed
    an inta5e Cith NN<89* and did in fact appear for a D<* chec5 on the date he is alleged to have
    failed to do so, "!#3!"3, at appro1imately #:.4 pm, though in complying Cith the "#!.!"#
    <dministrative $rder "#2%" of Budge *ferraIIa re3uiring Coughlin chec5 in and Cait for an +BC
    Bailiff to escort him (even to D<*, as Coughlin reads it' Coughlin Cas, unfortunately, unaAle to
    ma5e it to the D<* CindoC to complete a ;BC test Ay 3:%% pm) Coughlin attempted to ta5e a ;BC
    Cith a ?C*$ Deputy Gir5am in a good faith effort to demonstrate compliance Cith the soAriety
    re3uirement, Aut Cas unaAle to have such a test administered) Coughlin timely chec5ed in Cith D<*
    yesterday and is ta5ing active steps to participate in a meaningful and successful proAation
    e1perience, though complications related to going to Eail, Aeing forced of one medication, forced to
    ta5e the other (?ellAutrin' at Aedtime in Eail, despite it Aeing 5noCn to cause sleeplessness, then a .
    day contempt incarceration Aeginning on #!"#!"3 incidnet to Coughlin4s sleeping through tCo alarm
    cloc5s and Aeing late to court (though not given any opportunity at Contempt hearing the ne1t day to
    3uestion +BC4s +oAAin Ba5er as to Chether Coughlin4s alleged reason for previously Aeing late to a
    hearing in that matter negated any finding or import of Coughlin4s Aeing QCarned against Aeing late
    - 301-
    1
    2
    again- )gain implies the the Carning relates to a previous occurrence) Coughlin Cas told Ay Ba5er
    that the "#!""!"# /rial date start time had Aeen moved to ":3% pm) <pparently, only the Citness
    suApoenas Cere intended to Ae moved) Coughlin sCears it Cas his understanding the trial time had
    Aeen moved and maintains that he should not Ae held to a Carning and the cons3uences of violating
    such given those circumstances) 0urther Aasis for continuance related to the primacy to Coughlin4s
    life and career of completing the <ppellant4s Brief in #337 challenging +ecommendation to disAar
    him) *cattershot *BN Complaint alleging "# different +;C4s violated and *C+ "%.(#'(c' rampant
    violations ma5es Brief4s ;reparation inordinately difficult, on top of three arrests AetCeen #!"!"3 and
    #!"3!"3) <lso, ?C;D Dogan failed to appear at Couglin4s arraignment on the gross misdemeanor
    charge on #!"4!"# in "#2%.3%, and Coughlin had a right to counsel Qat all stagesY for such a gross
    misdemeanor charge, instead, the +BC4s Budicial *ecretary /oCnsend send Coughlin4s #!#"!"# filing
    in that case to the *BN as evidence of Coughlin4s lac5 of competency, in addition to voluntarily
    offering to send Coughlin4s #!".!"# ;re2/rial 9otion in ""2%334" to the *BN as Cell)
    *tages of Criminal Case in Chich +ight to Counsel <pplies /he right to counsel in a
    criminal case encompasses various proceedings) /he *i1th <mendment right to
    counsel attaches once adversarial Eudicial proceedings have commenced and applies
    to any critical stage thereafter) $ther constitutional provisions and state statutes afford
    the defendant the right to counsel at additional proceedings, Aoth Aefore and after the
    initiation of Eudicial proceedings) <) ?hen +ight to Counsel <ttaches *i1th
    <mendment +ight to Counsel after Commencement of Budicial ;roceedings) /he
    *i1th <mendment right to counsel attaches upon commencement of adversarial
    Eudicial proceedings against the defendant, QChether Ay Cay of formal charge,
    preliminary hearing, indictment, information, or arraignment)Y GirAy v) 7llinois, 4%
    :)*) &#, &9 ("97#'= accord *tate v) /uc5er, 33" N)C) "#, 33, 4"4 *)()#d .4&, .%
    ("99#') /he 3uestion of Chen Eudicial proceedings commence is generally a matter of
    concern in assessing the laCfulness of police proceduresSfor e1ample, Chether the
    defendant had a *i1th <mendment right to counsel during interrogation or at a lineup)
    @enerally, Chen a defendant is arrested for a felony (Cith or Cithout a Carrant'
    Aefore Aeing indicted, the *i1th <mendment right to counsel attaches at first
    appearance) *ee *tate v) /uc5er, supra (ta5ing of statement Ay police after first
    appearance violated *i1th <mendment right to counsel= statement suppressed'= *tate
    v) 0ran5lin, 3%& N)C) &#, 3%4 *)()#d .79 ("9&3' (ta5ing of statement after arrest and
    Aefore first appearance did not violate *i1th <mendment'= *tate v) Detter, #9& N)C)
    - 302-
    1
    2
    %4, #% *)()#d .7 ("979' (first appearance itself not critical stage') 7f the defendant
    is indicted Aefore Aeing arrested, the *i1th <mendment right to counsel attaches on
    return of the indictment) *ee GirAy, supra) 7n misdemeanor cases, Eudicial
    proceedings proAaAly commence upon the defendantRs first appearance in district
    court) *ee 3 6<0<-( K "")#(A', at 49&= +$B(+/ 6)0<+B, <++(*/,*(<+C8
    N7N-(*/7@</7$N #%7 (7nstitute of @overnment, 3d ed) #%%3')
    < defendant has a right to counsel in misdemeanor prosecutions if the court imposes
    an active or suspended sentence of imprisonment) *ee <laAama v) *helton, .3. :)*)
    .4 (#%%#') <ccordingly, if the defendant is improperly denied counsel, the court is
    precluded from imposing either an active or suspended sentence of imprisonment)
    0urther, if the court imposes a suspended sentence of imprisonment in violation of the
    defendantRs right to counsel, the court may not activate the defendantRs sentence at a
    proAation revocation proceeding regardless of Chether the defendant is represented at
    the revocation proceeding) *ee infra K"#)3B) Civil Contempt) 7n 9cBride v) 9cBride,
    334 N)C) "#4, 43" *)()#d "4 ("993', the state supreme court held that an indigent
    defendant charged Cith civil contempt for failing to pay child support may not Ae
    incarcerated unless he or she has Aeen appointed counsel or has Caived counsel) /he
    court reEected the argument that the right to counsel depends on Chether the case is
    considered civil or criminal, stating that QEail is Eust as Alea5 no matter Chich laAel is
    used)Y 334 N)C) at "3%, 43" *)()#d at "9) <lthough 9cBride concerned a child
    support contempt case, its reasoning applies e3ually to any contempt proceeding in
    Chich the defendant is incarcerated) *ee Bohn 6) *a1on, Q9cBride v) 9cBride:
    7mplementing the *upreme CourtRs Decision +e3uiring <ppointment of Counsel in
    Civil Contempt ;roceedings,Y <D97N7*/+</7$N $0 B:*/7C( 9(9$+<ND:9
    No) 94!%. at " n)3 (7nstitute of @overnment, 9ay "994'
    0rom: Gandaras, 9ary *ent: /hursday, DecemAer "3, #%"# "%:#% <9 /o:
    6eslie, Bim *uAEect: +(: /he /hree (4s= Ccpd failure to provide essential 9""
    call cd discovery of &!"3 and &!"7, #%"# to Coughlin in rcr#%"#2%.3%
    7mportance:
    8igh
    Bim:
    7 Aelieve that you should send this) *upreme Court +ule "%4(a' authoriIes *tate
    Aar counsel to investigate all matters involving possiAle attorney misconduct or
    incapacity called to Aar counsel4s attention, Chether Ay grievance or Aoth) This
    potentiay in)o)es misconduct $)ioation of a!& and incapacity,
    9ary Gandaras Deputy District <ttorney Civil Division ?ashoe County
    77. 2337 2.7#3 direct phone
    22222$riginal 9essage22220rom: 6eslie, Bim *ent: ?ednesday, DecemAer
    "#, #%"# .:"" ;9 /o: Gandaras, 9ary *uAEect: +(: /he /hree (4s= Ccpd
    - 303-
    1
    2
    failure to provide essential 9"" call cd discovery of &!"3 and &!"7, #%"#
    to Coughlin in rcr#%"# 2%.3%
    /han5s, please do) 8e came to our office after my email to you and
    caused a disturAance) ?e called the police, Aut he fled Aefore they
    arrived) Eim
    22222$riginal 9essage22220rom: Gandaras, 9ary *ent: ?ednesday,
    DecemAer "#, #%"# 3:"7 ;9 /o: 6eslie, Bim *uAEect: +(: /he /hree (4s=
    Ccpd failure to provide essential 9"" call cd discovery of &!"3 and &!"7,
    #%"# to Coughlin in rcr#%"#2%.3%
    7 Cill have to revieC this tomorroC and get Aac5 to you)
    9ary Gandaras Deputy District <ttorney Civil Division ?ashoe County
    77. 2337 2.7#3 direct phone
    22222$riginal 9essage22220rom: 6eslie, Bim
    /he AeloC email from 9r) Coughlin contains a
    reference at the end of the first paragraph to a CeAsite containing a video
    clip from the movie Cape 0ear) ;lease advise Chether any action is
    re3uired of our office or yours regarding this possiAle veiled or indirect
    threat of violence against attorneys in this office Ay 9r) Coughlin)
    *ent: ?ednesday, DecemAer "#, #%"# #:.9 ;9 /o: Gandaras, 9ary
    *uAEect: 0?: /he /hree (4s= Ccpd failure to provide essential 9"" call cd
    discovery of &!"3 and &!"7, #%"# to Coughlin in rcr#%"#2%.3%
    9ary:
    Pease re)ie! my transmitta to Patric" Iing at the #ar, AeloC, and
    let me 5noC if 7 should do anything else from a civil perspective)
    /han5s,
    Bames B) 6eslie, (s3)
    Chief Deputy ;uAlic Defender
    22222$riginal 9essage22220rom: 6eslie, Bim *ent: ?ednesday, DecemAer
    "#, #%"# #:49 ;9 /o: 4patric55`nvAar)org4 *uAEect: 0?: /he /hree (4s=
    Ccpd failure to provide essential 9"" call cd discovery of &!"3 and &!"7,
    #%"# to Coughlin in rcr#%"# 2%.3%
    9r) Ging:
    /han5 you,
    Bames B) 6eslie, (s3) Chief Deputy ;uAlic Defender ?ashoe County
    ;uAlic Defender4s $ffice
    22222$riginal 9essage22220rom:
    Zach Coughlin Lmailto:Iachcoughlin`hotmail)comM *ent: ?ednesday,
    DecemAer "#, #%"# #:3. ;9 /o: 6eslie, Bim= Bosler, Beremy= Dogan,
    - 304-
    1
    2
    Biray= @oodnight, Boseph ?= 0ortier, Chris= /uttle, *teve= Gandaras,
    9ary= >oung, Zach= s5auc`reno)gov= Congd`reno)gov=
    5adlicE`reno)gov= complaints`nvAar)org= cvellis`Ahfs)com=
    Ee`eloreno)com= patric55`nvAar)org= davidc`nvAar)org=
    rosec`nvAar)org= laurap`nvAar)org= s5ent`s5entlaC)com=
    mi5e`tahoelaCyer)com= eifert)nta`att)net= nevtelassn`sAcgloAal)net=
    fflaherty`dlpfd)com= fflaherty`dyerlaCrence)com
    *uAEect: /he /hree (4s= Ccpd failure to provide essential 9"" call cd
    discovery of &!"3 and &!"7, #%"# to Coughlin in
    rcr#%"# 2%.3%
    /he /rial yesterday in +C+#%"#2%.3% featured e1tended discussions
    regarding the failure of the ?C;D, Dogan, and 6eslie, to turn over
    discovery propounded Ay DD< >oung in the form of cd4s featuring 9""
    calls DD< >oung provided to the ?C;D on &!"3!"# and &!"7!"# ))) <nd
    the heavy hitters Cere there, too ((lliot *attler' ))))) despite numerous
    Critten re3uests from Coughlin that the ?C;D do so, and multiple trips
    to the ?C;D personally Ay Coughlin to pic5 such materials up, and
    despite more flip flopping on their story Ay 6eslie and Dogan regarding
    Chether they ever gave Coughlin some pac5age of materials responsive
    to Coughlin4s re3uest for his DfileD ))) But, Bim 6eslie is stuc5 Cith the
    7!#7!"# date he mentions in his email, then he is stuc5 Cith Chat his
    recent email Cherein he purports to have therein digitally transmitted
    Coughlin his DfileD, Chich oAviously does not include the cd4s of 9""
    calls (the one4s DD< >oung too5 up an enormous amount of court time
    playing, over and over (Cell, >oung only played over and over the
    particular calls he felt Cere strongest for his case and most preEudicial,
    claiming some Dcutting room floor mishapD for the reoccurrence of
    certain calls, arguing that such a Dhappy accidentD Eustified playing them
    again and again, at ever increasing volumes, etc), etc)') <pparently, 7 am
    here to suAsidiIe >oung4s AaAy ma5ing, Eust li5e 7 Cas Cith 9s) @orman,
    as a continuance of preEudicial length of afforded to the *tate Chere none
    Cas forthcoming to Coughlin, despite 6eslie and Dogan4s oAstructionist
    tantrums, ones of a 3uality that Could) 7 rememAer Chen my life featured
    happy moments li5e the Airth of tCins ))) Aut that Cas Aefore your
    leviathan legal system Crec5ed shop on my e1istence) ?hat, sir, shall Ae
    my compensationF Do you mind if 7 put my arm around ))))
    http:!!tinyurl)com!Agmlfdr
    /his is a formal grievance against Dogan, 6eslie, Bosler, >oung ))) etc))))Y
    /he lin5 that 6eslie refers to as containing a Qvideo clip from the movie Cape 0earY actually
    contains only an audio clip of a short 3uote from Cape 0ear (the "99" *corsese version')
    7t Cas arguaAly an aAuse of process Ay Bar Counsel ;atric5 Ging) 8oCever, Coughlin4s
    recollection of the NovemAer th, #%"# (the night of the ;residential (lection)))Coughlin as5ed
    - 305-
    1
    2
    Nevada 6aCyer employee ;aula CampAell if she 5neC Cho Cas Cinning in the polls)))etc),' Arief
    encounter AetCeen she and Coughlin Cas of one of an entirely cordial, professional nature)
    <t that time, CampAell mentioned she Cas the only one there (Cor5ing late', and that <sst)
    Bar Counsel Ging had left a feC minutes prior to five pm) Coughlin indicated that he had presented a
    couple minutes prior to . pm to file a document Chere time Cas of the essence and in3uired as to the
    posted closing time of the *BN and policies respecting Chat file stamped date such a suAmission
    Could Ae given under those circumstances)

    Couglin did not as5 CampAell if he may venture inside the *BN4s $ffices at that time, nor
    did he ever flash his "99 8onda4s headlights to gain attention) /here Cas an issue Cith the electrical
    Ciring to Coughlin4s headlights (the tailights Cent out due to a short someChere in the system, and
    due to his poverty, Coughlinhad to ma5e do Cithout a trip to the mechanic and simply splice in some
    spea5er Cires from the headlights to the tail lights, and procrastinated in affi1ing an on!off sCitch in
    there, so Coughlin has to, Aasically , Araid the Cires together every time he drives at night and in
    turning the lights uon and off (Chat a pain'))
    ))
    (1hiAit " to 9r) Ging4s /emporary ;rotection $rder <pplication in rcp"#2%7 contians mostly
    unattriAuted unsCorn hearsay and is misleading at Aest)
    /he suAstantive section containing the allegations in Bar Counsel Ging4s /;$ application
    of "#!#%!"# in +BC +C;#%"#2%%%%7 is pasted AeloC) 7t should Ae noted that Coughlin has Aeen
    through 3uite a lot this year, Aeing Crongfully incarcerated over "% times and Crongfully e)icted
    times, and as such, he is severely indigent, something Bar Counsel Ging is attempting to ta5e further
    advantage of Ay increasing Coughlin4s postage costs and decreasing the time he Could have to draft
    filings given the transport time such an (;$ Could add to the service thereof))))9r) Ging relied
    e1clusively on hearsay, conEecture, and inference in his account AeloC in those rare instances Chen
    he is not Eust outright lying) /he Dviolent scen from the movie DCape 0earD Cas actually an audio clip
    from the popular CeAsite CCC)harm)com containing an audio only 3uotation Ay +oAert Deniro Chere
    he confronts official misconduct perpetrated against him Ay his puAlic defender Ay invo5ing poCer of
    reading, learning, and philosophy)))things 9r) Ging oAviously finds litttle utility in:
    DE'hi#it /
    $n NovemAer "4, #%"#, the $ffice of Bar Counsel held a disciplinary hearing at its +eno
    office Cith tCo sheriff personnel in attendance as a measure of protection) <s a result of the hearing
    the panel unanimously agreed to permanently disAar 9r) Coughlin from the practice of laC) $n
    0riday, DecemAer "4, #%"# the ;anel4s $rder Cas filed and copies Cere mailed to 9r) Coughlin Aoth
    Ay regular and certified mail)
    9r) Coughlin continues to ma5e repeated calls to the *tate Bar demanding copies and
    information) 8e is getting increasingly antagonistic and Cill not listen to our attempts to reason Cith
    him) /his morning he announced that he DCould Ae there in ". minutesD 7t is our fear that if he shoCs
    up Ce Con4t Ae aAle to get rid of him 2 Ce are not aAle to satisfy his demands and that Eust seems to
    aggravate the situation) 8e has shoCn up after hours presumaAly to file documents= eventually he has
    used the mail slot for the documents Aut has sat in his car in front of the office flashing his lights to
    - 306-
    1
    2
    get attention) (mployees have Aeen afraid to leave and, on a couple of occasions, the police have
    Aeen called 2 Ce don4t 5noC if they have shoCn up Aecause once he leaves, Ce leave) $n one
    particular occasion, a female employee Cas in the office alone) 9r) Coughlin 5noc5ed on her CindoC
    and gestured to the front door so he could gain access to the Auilding) (ventually the employee Cas
    aAle to get him to leave and the police Cere called Aut did not arrive Aefore 9r) Coughlin left the
    premises)
    /his past 9onday <ssistant Bar Counsel ;at Ging did dispatch the police Aecause 9r)
    Coughlin again announced that he Cas coming to the office 2 tCo officers did shoC up and one Cas
    dispatched to the ;anel Chair4s office (943# DouAle + Blvd)' Aecause Coughlin has also threatened
    and intimidated Bohn (cheverria4s office staff) ?hen Coughlin called the (cheverria laC firm that
    particular day he stated that he needed some Dface timeD Cith Bohn) 9r) Ging has received numerous
    e2mails detailing Chat 9r) Coughlin perceives to Ae a miscarriage of Eustice in his discipline matter
    and has indicated that he Cill De1pose him as a liar and a fraudD)
    7n a letter dated NovemAer 7, #%"#, prior to the discipline hearing, the $ffice of Bar
    Counsel sent 9r) Coughlin a letter as5ing that he refrain from coming to the *tate Bar offices Cithout
    calling Aeforehand) $n NovemAer "7, #%"#, after the discipline hearing, the ;anel Chair issued an
    $rder instructing 9r) Coughlin to refrain from contacting any memAer of the ;anel, the Court
    +eporter (Chom 9r) Coughlin had contacted Ay phone at her residence', any of the ;anel Chair4s
    office staff, or either office of the *tate Bar of Nevada)
    $n one occasion, an e2mail Cas sent to several recipients, including four (4' employees of
    the *tate Bar, Chich included a lin5 to a violent scene from the movie DCape 0earD ) /he *tate Bar
    feels that this is a direct suggestive threat to office staff and Bar personnel) /herefore, the *tate Bar
    re3uests that a ;rotective $rder Ae and that 9r) Coughlin Ae prohiAited from the Bar4s +eno and!or
    6as -egas $ffice Ay telephone, Ay e2mail or Ay fa1) Because he is currently temporarily suspended
    from the practice of laC and his disciplinary hearing has concluded 9r) Coughlin has no Ausiness on
    *tate Bar DouAle + Blvd or %% () Charleston Blvd), 6as -egas, N-'), of (1hiAit " disciplinary
    matter Cill soon suAmitted to the Nevada *upreme Court for a de novo revieC at Chich time he Cill
    receive a complete set of all of the pleadings, Aoth filed and unfiled,, in this matter)
    7t should Ae noted that the *tate Bar and its +eno staff find it very difficult to Cor5 under
    these conditions) 9r) Coughlin continues to monopoliIe our time and resources and is causing an
    unnecessary amount of stress)D
    /he email of Coughlin4s copied aAove goes on for several more pages detailign the preEudice
    to his defense in "#2%.3% inherent to ?C;D 6eslie refusing to turn over the &!"3!"# and &!"7!"#
    production of tCo discs of (C$99 9"" calls Ay the ?CD< to Coughlin) ?here 6eslie attests that
    he had turned over a collection of materials on 7!#7!"#, he necessarily admits to having failed to
    turned over the discs only propounded after that point) 0urther 6eslie suApoened recordings from
    (C$99 on "%!3!"# in ""2%334" Aut never turned them over to Couglhin, despite only Aeing
    removed as counsel of record Cell over ". days thereafter, on "%!##!"#)
    - 307-
    1
    2
    7t4s not at all clear hoC a re3uest and suAse3uent $rder apparently prohiAiting Coughlin from
    calling, emailing or fa1ing the *BN Could address the alleged threat of physical harm) $ne cannot
    Ae physically harmed Ay a fa1, email, or phone call) 0urther, phone calls, fa1es, and emails are
    common in pending litigations, even one4s Chere post2Eudgment motions are Aeing sought and Chere
    Coughlin has a duty to see5 a stipulated continuance of, say, the deadline to file an appeal Arief in
    #337 prior to filing a motion see5ing one) /he (;$ apparently Could perhaps even forAid Coughlin
    from utiliIing a messenger service to deliver a filing to the *BN4s Cler5 of Court4s $ffice for the
    securing of a file stamp to Aeat a deadline, such as the "!3!"3, or "!4!"3 (depending upon Chether
    holidays are included in the 3 days for mailing calculus under N+C; (e' and the DeAoer decision',
    for Coughlin to file a N+C; .# or .9 9otion as to the "#!"4!"# NNDB ;anel 0indings of 0act,
    Conclusions of 6aC, Chich recommends that Coughlin Ae irrevocaAly disAarred (disAarments Aecame
    irrevocaAle in #%%&') /o curtail the time Coughlin had to prepare such a motion, Chich Cas scant to
    Aegin Cith, Ay applying an onerous (;$ application, or the threat of arrest for anything arguaAly
    violative of it, Could Cor5 and inEustice, and has here, as Coughlin Cas arrested and charged Cith a
    felony (;$ violation for some alleged violation in connection Cith his see5ing from the *BN a
    stipulation to an e1tension of time to file his appeal Arief in #337 on or around the deadlien to do so
    of "!#3!"3) /he *BN has failed to respond to Coughlin4s reasonaAle in3uiries in that regard, as has
    the ?CD< DD< >oung (rather, Coughlin is funneled to an 7nspector Covington, Chom is arguaAly
    committing the unauthoriIed practice of laC, and such circumstances only further underscore the
    e1tent to Chich the ?CD< $ffice should Ae dis3ualified form prosecuting Coughlin, particularly
    Chere DD< Gandaras4 aAove email admits to feeling Coughlin4s competency is Arought into 3uestion,
    the events involving tCo former ?CD< Criminal Division prosecutor4s turned +BC Budges on
    #!"3!"3 in (an $rder for Competency (valuation signed and entered Ay Budge ;earson at an &:3% am
    - 308-
    1
    2
    hearing in ""2%334" Cas provided, in Criting, to Budge Clifton in "#2%.3%, Cith QshallY language,
    and DD< >oung4s Cillingness to go along Cith Budge Clifton in refusing to folloC N+* "7&)4%.4s
    mandatory stay is arguaAly impermissiAle) /o have +BC Bailliff4s then $rder Coughlin to remain at
    the +BC, then go into a hearing Arought on an (mergency Basis upon DD< >oung ma5ing an (1
    ;arte +e3uest for Budge Clifton to resconsider his $rder for Competency (valuation all has a rather
    Qfo1 in the hen houseY 3uality to it Chen it comes to the ?CD<4s $ffice, and noC +BC Budges Chom
    had previously spent the maEority of their career4s in the ?CD<4s $ffice2Criminal Division, having
    things a certain Cay an aCful lot of the time)')
    /hat4s the hearing 7 really Canted continued Aecause, as specifically mentioned Ay Budge ;earson at a
    #!.!"3 *hoC Cause hearing on the morning of #!.!"3 (7 Cas Aailed out at ":4. am (after the last Aus
    had left 9"" ;arr Blvd, re3uiring 7 Cal5 3). miles to my "47" () 9
    th
    *t) location, at Chich 7 rent a fifth
    Cheel trailer for H7. a month, a rent 7 can Aarely ma5e each month' and Coughlin Cas only around to
    attend that ""2%334" unnoticed (or improperly noticed @agnon " hearing considering his ?C
    7nmate +elease information indicated such hearing Could Ae on #!.!"3, and noC Coughlin
    apparently is facing a *hoC Cause 8earing on 3!.!"3 over some allegation that Coughlin called the
    +BC, allegedly in violation of Budge *ferraIIa4s "#!#%!"# <dministrative $rder "#2%" (no case
    numAer indicated in the caption thereinm and arguaAly, the service of process of that <dministrative
    $rder Cas insufficient, and such $rder e1tinguished upon the calendaring year changing to #%"3, and
    the seating of a neC Chief Budge to replace then Chief Budge *ferraIIa', to see if that 8earing in ""2
    %334" indicated as set for #!7!"3 Cas, in fact, still on calendar, or Chether the 8earing held at &:3%
    am on #!.!"3 replaced such 8earing' "#2%.3%)))that D<* hearing in %334" Cas incorrectly
    noticed on my Bail +elease papers for #!.!"3 or something)))<t that #!3!"3 8earing 7 got an $rder for
    Competency (valuation from ;earson, then Cent and provided that to Budge Clifton at the resumption
    - 309-
    1
    2
    of the %.3% trial immediately thereafter, Chich, under N+* "7&)4%., re3uired Clifton to suspend
    the trial in ""2%.3%) $f course, he did not) 8e has demonstrated a Cillingness to fail to apply the
    laC as Critten in certain instances, invariaAly to the Aenefit of the *tate, often Cith the
    encouragement of DD< >oung (though, to Ae fair, at the #!"3!"3 /rial, DD< >oung did point out to
    Budge Clifton the QshallY language in N+* "7&)4%., to Chich Budge Clifton made, admittedly, an
    inventive, argument that some failure to ma5e specific findings of fact or something along those lines
    in Budge ;earsons Eust minted $rder 0or Competency (valuation in ""2%334" of #!"3!"3 made
    inapplicaAle the mandatory stay under N+* "7&)4%.) (ven if one Cere to overloo5 in possiAle
    impropriety of Budge Clifton suspending that /rial, starting at 9 am in "#2%.3% long enough for
    DD< >oung to go to the +BC counter and ma5e and e1 parte re3uest for an emergency
    reconsideration hearing Aefore Budge ;earson, including the evident partiality revelaed Ay failing to
    apply procedural rules to the *tate in the same rigid and overly formulaic manner to Chich the +BC
    has applied them to Coughlin (including the "% days Coughlin should have to respond to such a
    9otion for +econsideration of the $rder for Competency (valuation of #!"3!"3 in ""2%334"', there
    still e1ists the fact that Budge Clifton failed to folloC N+* "7&)4%. and immediately *tay all
    proceedings in all departments, Aut rather, alloCed DD< >oung a recess to go and ma5e his e1 parte
    communications to the +BC Bailiff counter see5ing an (mergency 8earing Aefore Budge ;earson to
    reconsider his #!"3!"3 $rder for Competency (valuation) DD< >oung4s ma5ing such 9otion
    violated the mandatory automatic stay re3uired Ay N+* "7&)4%. leaving the +BC to rely upon some
    duAious assertion that Bduge ;earson Eust happened to continue mulling his decision to enter the
    $rder 0or Competency (valuation he entered in ""2%344" at appro1imately &:4. am, sua sponte,
    Cithout any prompting or e1tra Eudicial communications Cith Budge Clifton, DD< >oung, or anyone
    else)))something Budge ;earson refused to refute the allegation of upon Coughlin putting it Aefore him
    - 310-
    1
    2
    during the Arief (mergency +econsideration 8earing Budge Clifton left the Aench long enough in "#2
    %.3% on #!"3!"3 to alloC Budge ;earson to ta5e it an vacate or otherCise amend his $rder for
    Competency (valuation, at Chich point Budge ;earson did render a rulign that he Could enter an
    $rder having the *tate pay for a Qmental health evaluationY for the indigent Coughlin, that, to this
    date, still has not Aeen entered and Coughlin has Aeen unaAle to have such done due to the failure to
    issue a chec5 to him made out to his pyschiatrist, Dr) *uat >asar, 9D (the *tate, DD< >oung, and
    +ichard @) 8ill, (s3), have all Aeen aAle to get (mergency (1 ;arte 9otions granted against
    Coughlin, Chereas, DD< >oung4s failure to oppose Coughlin4s #!#"!"# 9otion to Dismiss in "#2
    %.3% (Chich, arguaAly under ;ol5 v) *tate and DC+ "3(3' may re3uired such 9otion to Dismiss Ae
    granted' resulted in Budge Clifton, almost refle1ively Ay instinct, sua sponte, ma5ing an argument on
    the *tate4s Aehalf that DD< >oung had implicilty opposed such 9otion to Dismiss, thereAy revealing
    further the evident partiality against Coughlin Ay the +BC Eudiciary pervading all of the various
    prosecutions and e)ictions!landlord tenant matters therein')
    /he motion pending #efore this Court as"s that the district court 6udge !ho heard the
    case #e dis>uaified, ( motion,to dis>uaify a 6udge must set forth facts and reasons sufficient
    to cause a reasona#e person to >uestion the 6udge's impartiaity, and the chaenged 6udge may
    contradict the motion's aegation, The motion must #e referred to another 6udge for
    ad6udication) /oCAin Dodge, 66C v) Dist) Ct) "#" Nev) #.",#%, ""# ;)3d "%3 (#%%.')
    Coughlin filed and had a copy served on Budge Clifton4s chamAers prior to the commencement
    of trial on "#!"#!"# in "#2%.3% (in accordance Cith the e1press language of N+* ")#3.(#'(A', to
    Chich Budge Clifton made a non2se3uitur argument related to the Qtime set for start of trialY Chere
    such statutory dictate actually re3uires ma5ing a 9otion to Dis3ualify such as Couglin4s of "#!""!"#
    in "#2%.3% Qnot later than the commencement of trial or hearing of the caseY Chere Qthe facts upon
    - 311-
    1
    2
    Chich dis3ualification of the Eudge is sought are not 5noCn to the party Aefore the party is notified of
    the assignment of the Eudge or Aeofre any pretrial hearing is heldY) Coughlin Cas not notified of the
    transfer of "#2%.3% to Budge Clifton, from Budge 6ynch until a time to close in pro1imity to the
    commencement of trial on "#!""!"3 in "#2%.3% and still has not Aeen told Chy the matter Cas
    apparently transferred, curiously, on #!#7!"# (same day as trial Aefore Budge Nash 8olmes in "" /+
    #&%% resulting in . day summary contempt incarceration and a 3!"4!"# Critten grievance to the *BN
    Cherein Budge Nash 8olmes indicates she had Qheard he (Coughlin' may Ae living in his car
    someChereY, Chich is rather trouAling (especially consdiering +BC Budge *chroeder Could issue a
    default summary e)iction loc5out $rder the folloCing day in "#2374 to @ayle Gern, (s3), Chere
    Gern herself violated +;C 3).<, especially considerin the lengthy /enant4s <nsCer and ;re28earing
    Brief Coughlin filed on 3!&!"# in "#2374 and the Eurisdictional Aar in N+* 4%)#.3(' re3uiring that
    Gern file a 6andlord4s <ffidavit ;+7$+ to the holding of any such summary e)iction hearing
    (Coughlin allegedly appeared a couple minutes lat to that 3!".!"# hearing, Chere N- (nergey and
    Gern, and her unauthoriIed practitioner of laC non attorney associate!property manager ?estern
    Nevada 9anagement4s *ue Ging allegedly conspired to deprive Coughlin of electricity to his then
    home laC office at "4## () 9
    th
    */) ]# for over one Cee5', ma5ing Budge *chroeder4s 3!".!"# 6oc5out
    $rder voide for lac5 of Eurisdiction (see N+* 4%)4%% and N+C %(A'(4', though, e1tra2Eudicial sua
    sponte QinvestigationY, apparently, Ay +BC Budge *chroeder resulted in a rather curious $rder on
    ""!"4!"# disposing of any need for Gern to addresss such serious allegations of professional
    misconduct)
    /his is especially true if one consider 9arshal 9enIel used to Ae a +BC Bailiff and +BC
    Bailiff +eyes had interrogated Coughlin as to Chether he Cas recording the summary e)iction trial (it
    is not clear that *C+ +ules related to memAers of the media apply to pro se attorney litigants in
    - 312-
    1
    2
    Bustice Court, regardless, even had Coughlin Aeen aCare of them at the time' in ""2"7%& Aefore Budge
    *ferraIIa and Budge Nash 8olmes testimony on ""!"4!"# at Coughlin4s *BN formal disciplinary
    hearing that she had Qheard you li5e to record thingsY) ;ut together, the infrence is that +BC Bailiff
    +eyes and 9arshal 9enIel (Coughlin filed a /;$ <gainst +eyes in 0eAruary #%"# and 9enIel sent a
    report to the *BN detailing issues he ta5es Cith Coughlin in <pril #%"#' do a lot of gossiping Chile at
    Cor5) 9enIel has folloCed Couglin into the +BC Criminal Division filing and castigated Coughlin
    for not having a QEoAY) +eyes has issued invective to Coughlin regarding Coughlin Qta5ing mental
    medicationY) +BC Bailiff +eyes admits to telling Coughlin, Cith ?C;D 6eslie and @oodnight seated
    Aeside a seated Coughlin that +eyes Could Qput my Aoot up your assY, though +eyes, shortly after
    mistating Coughlin4s citation to *hepp (+eyes accused Coughlin of lying to Budge *ferraIIa aAout the
    import of *hepp, then proceeded to provide his Autchered interpreation of the e1clusionary rule to the
    0ourth <mendment, during a conversation Cith Coughlin the day after Budge *ferraIIa convicted
    Coughlin of B$/8 petty larceny and receiving stolen property Chere Coughlin Cas alleged to have
    recieved the very property he allegedly stole, 0+$9 879*(60') +eyes Cent on to chide Coughlin
    for allegedly stealing some lost, mislaid, or aAandoned property from a #4 year old s5ateAoard Chom
    allegedly had set his i;hone doCn on the concrete at "":".pm at night in the doCntoCn +eno s5ate
    plaIe then venture to the opposite side of the plaIe, far enough aCay to fail to hear a still unidentified
    man (as confirmed Ay a video taped admission that Budge *ferraIIa ruled irrelevant and hearsay, of
    Nicole ?atson' hold the i;hone aloft, offer it up, then proceed to threaten to QthroC it in the riverY if
    someone did not claim it immediately') +eyes characteriIed the #4 year old s5ateAoard to Coughlin
    as QEust a 5idY) +eyes e1cused his oCn threat to Coughlin to Qput my Aoot up your assY of $ctoAer
    9
    th
    , #%"" as a QsuAterfugeY that Cas permissiAle given +eyes status as a memAer of laC enforcement)
    0urther, upon Budge Clifton having Coughlin ta5en into custody on #!"3!"3 in "#2%.3%, Chief
    - 313-
    1
    2
    Bailiff *e1ton reminded Coughlin that he still Qhave hanging over your headY five different e1tremely
    de minimis alleged violations of Budge *ferraIIa4s "#!#%!"# <dministrative $rder "#2%", Chich threat
    apparently Cas put into play Ay the #!#.!"3 $rder /o *hoC Cause <$ "#2%", file stamped 3:4.pm,
    upon Coughlin filing a Notice of <ppeal to the #!"3!"3 $rder Ay Budge Clifton in "#2%.3%
    sentencing Coughlin, summarily, and denying any stay thereto despite good cause shoC, especially
    relating to #337 and the Eail depriving Coughlin of his medications during tCo of the three
    3uestionaAle incarcerations the +BC had suAEected Coughlin to AetCeen #!"!"3 and #!"#!"3, and
    Coughlin4s estaAlished suffering from clinical 9aEor Depressive Disorder , /reatment +esistant
    Depression, and <DD!<D8D) /he causal connection AetCeen Coughlin4s early mornign email of
    #!"!"3 to ?CD< 7nspector Covington (the only person <D< 8elIer is alloCing Coughlin to
    communicate Cith in reference to C+"#2#%#. and +BC ""2%3334"' and the N+* "7")"3 violating
    summary arrest for an alleged proAation violation disproven Ay D<* $fficer +amos4 oCn CoCor5er,
    D<* $fficer BroCn4s "!#4!"3 email to Coughlin, Chere such arrest is notated at occuring <0/(+ 7
    pm (7:%# pm' on the ;C *heet and 7nmate Boo5ing papers from #!"!"3, is oAvious, and trouAling) <
    similar casual connection seems apparent AetCeen a #!!"3 email to ?CD< DD<2Civil Division
    ?atts2-ial oAEecting to his ""!"3!"# fa1ed oAEections ot Coughlin4s *C+ ""% suApoenas on ?ashoe
    County and #BDC personnel and the #!&!"3 point a gun at Coughlin4s head from five feet aCay for no
    good reason Ay +;D ?addle arrest and charge of a gross misdemeanor violation of the *BN /;$
    over some alleged violation on "!3!"3 and a felony charge for some alleged violation of the *BN
    (;$ in "#2%7 over some alleged conduct on "!#3!"3 or thereaAouts (the purported service of the
    /;$ in "#2.99 Ay Bailiff +eyes on "#!"9!"# involved +eyes folloCing Coughlin into the tiny D<*
    chec5 in closet and shoving his forearm into Coughlin4s midsection in insisting Coughlin Cas Aeing
    detained sufficiently long enough to serve Coughlin the /;$ $rder in "#2.99)))similarly shoving of a
    - 314-
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    forearm into Coughlin4s midsection occurred during an attempted service of an (;$ in either Aoth
    "#2.99 and "#2%&7 Ay ?C*$ Deputy Courteney, on "!4!"3) *uch apparent misconduct further
    vitiates the viaAility of such attempts at service, especially Chere Deputy Courteney utiliIed force in
    attempting to prevent Coughlin from Cal5ing on his drive Cay toCards his fifth Cheel) Ne1t in the
    apparent retaliatory causal connection parade is Coughlin4s in3uiring Cith ?CD< DD< ?atts2-ial
    on #!#.!"3 aAout those *C+ ""% *upAoenas again, at appro1imately #pm, Eust Aefore former ?CD<
    $ffice2Criminal Division prosecutor turne +BC Budge ;earson entered his #!#.!"3 *hoC Cause $rder
    setting for hearing such matter on 3!.!"3, Aased upon some unsCorn, unattriAuted, allegations that
    Coughlin had made various QcontactsY Cith non2+BC Bailiff personnel, though the complete lac5 of
    specificity, the violation of the re3uirement for such out of the presence of the court alleged conduct
    constituting contempt under N+* ##)%3%(3', and the general lac5 of notice as to the charges against
    him (Chat did such contacts entailF ?ho e1actly Could the Citnesses of such contacts AeF 8oC can
    Coughlin suApoena them Cithout sufficiently detailed notice thereofF ?hy is Couglhin not afforded
    at least the "% Eudicial days seemingly re3uired to prepare for any such *hoC Cause 8earing) 7s not
    the purported service of such *hoC Cause $rder incident to Coughlin chec5ign in Cith D<*
    insufficient service of process for the same reasons other such service attempts in "#2%7, "#2.99,
    +BC <$ "#2%", etc), should failF Do not the /;$4s and (;$4s in "#2%7 and "#2.99 e1ceed the
    Eurisdiction to ma5e such orders Chere they impinge upon Coughlin4s first <mendment +ights and
    rights as a litigatin in his formal disciplinary hearing and the appeal thereof, and Chere such orders
    are in noC Cay reasonaAly or narroCly tailore to achieve the purported safety goals to Chich they
    addressF
    QN+*Z")#3.ZZ;rocedure for dis3ualifying Eudges other than *upreme
    Court Eustices)
    - 315-
    1
    2
    ")ZZ<ny party to an action or proceeding pending in any court other
    than the *upreme Court, Cho see5s to dis3ualify a Eudge for actual or
    implied Aias or preEudice must file an affidavit specifying the facts upon
    Chich the dis3ualification is sought) /he affidavit of a party represented
    Ay an attorney must Ae accompanied Ay a certificate of the attorney of
    record that the affidavit is filed in good faith and not interposed for
    delay) (1cept as otherCise provided in suAsections # and 3, the affidavit
    must Ae filed:
    (a'ZNot less than #% days Aefore the date set for trial or hearing of
    the case= or
    (A'ZNot less than 3 days Aefore the date set for the hearing of any
    pretrial matter)
    #)ZZ(1cept as otherCise provided in this suAsection and suAsection
    3, if a case is not assigned to a Eudge Aefore the time re3uired under
    suAsection " for filing the affidavit, the affidavit must Ae filed:
    (a'Z?ithin "% days after the party or the partyRs attorney is notified
    that the case has Aeen assigned to a Eudge=
    (A'ZBefore the hearing of any pretrial matter= or
    (c'ZBefore the Eury is empaneled, evidence ta5en or any ruling made
    in the trial or hearing,
    u Chichever occurs first) If the facts upon !hich dis>uaification of
    the 6udge is sought are not "no!n to the party #efore the party is
    notified of the assignment of the 6udge or #efore any pretria hearing
    is hed, the affida)it may #e fied not ater than the commencement
    of the tria or hearing of the case,
    3)ZZ7f a case is reassigned to a neC Eudge and the time for filing the
    affidavit under suAsection " and paragraph (a' of suAsection # has
    e1pired, the parties have "% days after notice of the neC assignment
    Cithin Chich to file the affidavit, and the trial or hearing of the case
    must Ae rescheduled for a date after the e1piration of the "%2day period
    unless the parties stipulate to an earlier date)
    4)ZZ<t the time the affidavit is filed, a copy must Ae served upon the
    Eudge sought to Ae dis3ualified) *ervice must Ae made Ay delivering the
    copy to the Eudge personally or Ay leaving it at the EudgeRs chamAers
    Cith some person of suitaAle age and discretion employed therein)
    .)ZZ/he Eudge against Chom an affidavit alleging Aias or preEudice is
    filed shall proceed no further Cith the matter and shall:
    (a'Z7mmediately transfer the case to another department of the court,
    if there is more than one department of the court in the district, or
    re3uest the Eudge of another district court to preside at the trial or
    hearing of the matter= or
    - 316-
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    2
    (A'Z0ile a Critten ansCer Cith the cler5 of the court Cithin . Eudicial
    days after the affidavit is filed, admitting or denying any or all of the
    allegations contained in the affidavit and setting forth any additional
    facts Chich Aear on the 3uestion of the EudgeRs dis3ualification) /he
    3uestion of the EudgeRs dis3ualification must thereupon Ae heard and
    determined Ay another Eudge agreed upon Ay the parties or, if they are
    unaAle to agree, Ay a Eudge appointed:
    ("'ZBy the presiding Eudge of the Eudicial district in Eudicial
    districts having more than one Eudge, or if the presiding Eudge of the
    Eudicial district is sought to Ae dis3ualified, Ay the Eudge having the
    greatest numAer of years of service)
    (#'ZBy the *upreme Court in Eudicial districts having only one
    Eudge)Y
    < multitude of such facts Cere not 5noCn to Coughlin, and necessarily could not Ae 5noCn as
    indicated in N+* ")#3.(#'(A', as Coughlin detailed in his "#!""!"# 9otion to Dis3ualify and in a
    "!7!"3 9otion to Dis3ualify Budge Clifton as Cell in "#2%79&%) *omehoC, Budge Clifton then
    alloCed DD< a recess to go to the counter and re3uest and (mergency 8earing Aefore Budge ;earson
    to have that $rder for Competency (valuation entered an hour Aefore in %334" vacated) DD<
    >oung Cas successful in getting a hearing and having that $rder vacated) Budge ;earson Cas, some
    might say, evasive during that hearing Chen 3uestioned as to Chether he had e1tra2Eudicial
    discussions Cith Clifton (Chom had Eust e1ited the Bench in Courtroom D Chere the continuation of
    the /rial in "#2%.3% Cas Aeing held on #!"3!"3 despite Coughlin4s "!##!"3 9otion for $rder for
    Competency (valuation, and despite Budge Clifton Eustifying his failure to folloC the re3uirement in
    N+* ")#3. that he respond, in affidavit, to Coughlin4s 9otion for Dis3ualification of "#!""!"# Aased
    upon an indication that Coughlin4s use of a Declaration only failed to meet the call for an QaffidavitY
    in that statute, despite the import of N+* .3)%4. and the Court4s holding in Buc5Calter Chich
    conclusively estaAlish as mandatory authority that a Declaration Cill aAsolutely suffice in such
    circumstances, particularly Chere Coughlin had already Aeen accorded in forma pauperis status Ay
    Budge Clifton and could not afford a notary, and the *elf 8elp Center at " *) *ierra *t) only provides
    - 317-
    1
    2
    free notary service in family laC cases' long enough for Budge ;earson to hold the (mergency
    8earing to -acate his Eust entered $rder for Competency (valuation in ""2%334", Chich he claimed
    to have Aeen revieCing, unprompted, folloCing his entry of that $rder, in his chamAers,
    unprompted)))')
    7t has also Aecome even further apparent that the +BC Bailiff are or may Ae engaging in a
    coordinated effort (further suggested Ay the apparent dictate in Budge *ferraIIa4s <dministrative
    $rder "#2%" that Coughlin : Qinser languageY Chere on #!#"!"3 Couglin appeared at the +BC to ta5e
    the ;BC test and chec5 in Cith D<* as re3uired Ay his proAation in ""2%334" (in part Aased upon a
    conviction for Qpossessing or receiving stolen propertyY that is clearly violative of Nevada laC:
    (Q(<' Count 3 charged *hepp Cith having received property stolen Ay him during
    the commission of the Aurglary charged in Count #) Since a thief cannot recei)e
    from himsef the fruits of his arceny, the 6ury must #e instructed that it coud
    con)ict of either #urgary or recei)ing, S 5?5 P,3d 7B7 T #ut not of #oth) ;eople
    v) /aylor, 4 Cal)<pp)#d #"4, 4% ;)#d &7% (Cal) "93.'= ;eople v) 9orales, #3
    Cal)<pp)#d #"", 9 Cal)+ptr) ..3 ("9&'= 9ilanovich v) :nited *tates, 3. :)*)
    ..", &" *)Ct) 7#&, . 6)(d)#d 773 ("9"'= /homas v) :nited *tates, 4"& 0)#d .7
    (. Cir)"99'= Ba5er v) :nited *tates, 3.7 0)#d "" (. Cir)"9') *uch an instruction
    Cas re3uested Aut the court declined to give it) /his Cas error, and later
    ac5noCledged Ay the court to Ae such Chen it set aside the receiving conviction
    and ordered a neC trial on that charge) /he appellate issue is Chether that manner
    of handling the error effectively cured it) /he error Cas not cured Ay the setting
    aside of the receiving conviction since there is no Cay of 5noCing Chether a
    properly instructed Eury Could have found the defendant guilty of Aurglary, Count
    #, or receiving, Count 3) 9ilanovich v) :nited *tates, supra) Both convictions
    should have Aeen set aside and a neC trial ordered)Y *8(;; v) */</( 4&4 ;)#d
    .3 ("97"''
    <dd to that the efforts of the ?C;D4s 6eslie in Cor5ing Cith *BN Ging in a 9emorandum
    found in the file 6eslie provided to 6indsay, (s3), upon the ?C;D and <;D Aeing conflicted out of
    - 318-
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    2
    representing Coughlin (and 6eslie clearly violates his duty of confidentiality to Coughlin under +;C
    ")" in the folloCing and Aeyond':
    Q9emorandum
    /o: Zach Coughlin file, +C+"#2%79&%, ;D numAer "44&#. 8romD 9im
    Lesie Chief <eputy Pu#ic <efender +e: /hreat Date: "#!"3!"#
    $n the aAove date, 7 received a return call from ;atric5 Ging and
    David Clar5 at the *tate Bar) /hey Cere responding to my email to Ging
    yesterday regarding possi#e threat Ay Coughlin as contained in an email
    Coughlin had sent to me, other attorneys in this office, and several other
    recipients) Copy of that email is attached hereto as (1hiAit D"D and copy of
    the CeAsite that the end of the first paragraph of the email leads to is
    attached hereto as (1hiAit D#D)
    Ging and Clar5 Aoth agreed that the email from Coughlin, in conte1t
    and Cith the reference to the CeAsite Cith the )ideo cip and other
    materias from DCape 0earD, constitutes a threat of violence against me and
    other attorneys in our office) /hey disclosed that they had had their oCn
    proAlems Cith Coughlin, including having to have armed security at his
    *tate Bar hearing and that they each had considered oAtaining restraining
    orders against him and proAaAly Cill do so upon competion of the Bar
    proceeding) /hey Aoth stated that Dheightened alertD is appropriate in light of
    the email he sent and generally Chen dealing Cith 9r) Coughlin)
    /hey told me that if 7 refer the email in 3uestion to laC enforcement
    they Could not consider it a Areach of attorney client confidentiality under
    +ule ")(c' and also Aecause 9r) Coughlin includes so many recipients in
    the emai that he has Caived confidentiality) B indicated 7 Cas intended to
    as5 to Ae relieved of the remaining case our office has Cith Coughlin, and
    they agreed 7 could and should do so) 7 am moving forCard Cith as5ing to Ae
    relieved from Coughlin4s case in +C+"#2%79&% and am also considering
    possiAle referral of the email to laC enforcement) (NDY
    (ven if one accepts 6eslie4s Caiver of confidentiality argument Chere he Crites :Y /hey told
    me that if 7 refer the email in 3uestion to laC enforcement they Could not consider it a #reach of
    attorney cient confidentiaity under -ue /,B$c& and also Aecause 9r) Coughlin includes so many
    recipients in the emai that he has Caived confidentialityY, that still does not e1cuse the e1tent to
    Chich 6eslie then refers to matters outside such email in violating his duty of confidentiality)
    0urther, again, 6eslie, li5e the *BN4s Ging, and li5e +9C Budge Nash 8olmes, relies heavily upon
    unsCorn, often unattriAuted hearsay)
    - 319-
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    2
    /he only reason 7 Cent into court is Aecause 7 am self representing on %334") Bruce 6indsay is not
    my attorney of record on that case, nor have 7 ever consented to his Aecoming my attorney of record
    therein at this point, though Could consider it if the *tate Cere to provide for 6indsay to Ae paid to do
    so)
    7 am as5ing in Criting if Bruce 6indsay, (s3) Cas appointed as my counsel of record in #%"#2
    %.3% for the #!"3!"3 Contempt 8earing, at Chich 7 received . days in Eail for Aeing late, Cherein
    Budge Clifton alleged 7 had already had the Aenefit of a Carning, yet 7 maintain that +oAAin Ba5er
    told me the start time of the trial in that matter on "#!""!"" had Aeen moved from 9 am to ":3% pm)
    Budge Clifton maintained that he did not change the start time, then insisted +oAAin Ba5er did not
    tell me that, then refused to indicate Eust hoC he could possiAly 5noC Chat +oAAin Ba5er had told
    me) *uAse3uently it Cas learned that +oAAin Ba5er Cas not even at Cor5 that day, and that no one
    had called her that day to in3uire as to Chether 7 Cas correct in my assertion as to her having
    communicated the start time of the trial as having changed) 7 Aelieve it is situations li5e that that
    resulted in the current <dministrative $rder "#2%" (Chich may not even still Ae Ainding considering it
    Cas from #%"# and Ay former Chief Budge *ferraIIa' Cherein 7 seemingly am prevented from
    communicating Cith any court personnel Aesides the Bailiff4s, Aased upon some unnoticed finding
    that 7 had caused distruptions in the filing office, an accusation to Chich 7 Cas never provided an
    opportunity to Ae heard on)
    ;reviously, Budge *ferraIIa refused to alloC me to appear on my oCn Aehalf, despite my having Aeen
    a licensed attorney in Nevada at the time in ""2%334", and despite my having filed a Notice of
    <ppearance therein, and an <uthoriIation to represent) /hen Budge *ferraIIa, at trial on &!#7!"# and
    &!#9!"# refused to alloC me to self represent still) /hen he refused to accept the plea agreement that
    Could have disposed of all three matters to Chich 7 am a defendant in the +BC (""2%334", Chich is
    noC on appeal in C+"#2#%#., Cith the <ppeal Brief, per the attached Briefing *chedule, on 9arch
    9th, #%"3, and Chere Budge (lliott entered an $rder granting my 70; on "!9!"3 providing for the
    preparation of the transcript at puAlic e1pense= ""2%.3%, Chich stemmed form a "!"4!"# Dmisuse of
    emergency communicationsD gross misdemeanor arrest, that had the trial start on "#!""!"#, Chere
    the ?C;D Cas releived on ""!#7!"# (the day pre2trial motions Cere due, 7 maintain 7 Cas forced to
    proceed pro se due to Biray Dogan4s complete lac5 of representation, including failing to appear
    Chere re3uired at the #!"4!"# arraignment on a gross misdemeanor (indigent defendnans entitled to
    representation on gross misdo and felonies Dat all stagesD)))'= and the matter Cherein Bruce is counsel
    of record, "#2%79&%, Chere Bruce has stipulated to several continuances)))and noC today apparently
    DD< >oung tried to pull something Chere he failed to stip to the continuance in ""2%334", refuses
    to ta5e my calls or respond to any Critten communications) 0urther ?CD< 6egal <ssistant /ina
    @alli informed me today that 7 am not to call their office on ""2%334" and that DDiana from Bruce
    6indsay4s $ffice is handling itD) /hat is not true) 7 am self representing in ""2%334" at this point)
    0urther, 7 never e1pressly consented to 6indsay appearing in ""2%.3% at the #!"3!"3
    Contempt 8earing, Cherein 7 Cas Arought in upon Aeing summarily ta5en into custody the day
    Aefore, and Cithout consulting Cith 6indsay at all or ever consenting to his appearing on my Aehalf,
    6indsay Cas seated at the defendants des5)
    - 320-
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    2
    6indsay then proceeded to disparage my aAility to represent clients currently on the record, stating
    D>our 8onor, can you imagine him trying to represent clients in his current stateFD as though 7 Cas so
    incompetent that doing so Could surely produce poor results) Budge Clifton 3uic5ly pointed out my
    competency to Ae an attorney Cas not the relevant in3uiry) 6indsay refused to see5 to e1amined
    +oAAin Ba5er or call her as a Citness in line Cith my argument that 7 had not actually ever Aeen
    given a DCarningD against my Aeing late to court Dhappening againJ Das Budge Clifton indicated 7
    had') 0urther, 6indsay as5 me, in open court, in front of Budge Clifton, Dso Chat happened, Chy Cere
    you lateD) duty of confidentiality)
    < memAer of ?ashoe County laC enforcement stated to me at some point Chile in custody
    on #!"#!"3 that he e1pected 7 Could Ae released the folloCing day Cith credit for time served)
    7nstead, 7 received . days incarceration) <nother memAer of Cashoe county laC enforcement
    suAse3uently e1pressed to me that he Cas surprised Ay such an long sentence)
    7 have Aeen told that 6indsay4s appeared on #!"3!"3 in "#2%.3% Dfree of chargeD despite my
    indigent status and the fact that the *tate is re3uired to provide me an attorney at any hearing, even a
    civil contempt hearing, Cherein there is even a possiAility of any Eail time, much less . days of Eail
    time)))6indsay still has not filed an *B&9 form or ;roposed $rder (though he seemed to orally ma5e
    such motion on #!"3!"3' re3uiring that 7 Ae evaluated for competency or fitness to stand trial, despite
    his repeatedly indicating he Aelieves my competency is seriously in 3uestion) 7 Aelieve he is
    oAligated to file such a ;ropose $rder and or 9otion for an $rder for Competency (valuation
    7mmediately, pursuant to N+* "7&)4%.) 0urther, even at the Contempt 8earing on #!"3!"3, in "#2
    %79&%, the *tate Cas re3uired to provide me counsel, and given the conflict present Cith the ?C;D
    and <;D, private counsel Cas re3uired) <dditionally, 7 Aelieve it is e1tremely Aad faith for the *tate
    and +BC to refused to provide me private counsel for the "#!""!"# /rial in "#2%.3%, only to then
    alloC ?C;D 6eslie to aAuse process Cith his "#!"&!"# /;$ <pplication, therein Aringing aAout the
    current arrangement Cith court appointed private counsel) ;lease indicate in Criting Chether 6indsay
    Cas paid to appear on my Aehalf on #!"3!"3 in "#2%.3% at the Contempt 8earing)
    /he D<* arrest on #!"!"3 Cas after 7pm in violation of N+* "7")"3) 0urther, the attached emails
    AeloC support a finding that there did not e1ist proAaAle cause to ma5e such an arrest) <dditionally,
    please find AeloC the ;lea Deal that 7 voluntarily accepted, on the record in ""2%334", "#2%.3%,
    and "#2%79&% that should dispose of all three of these matters)
    0urther, please indicate in Criting Chether 9r) 6indsay has Aeen assigned to represent me in the
    matter stemming from the #!&!"3 arrest for a gross misdemeanor /;$ violation alleged to have
    occurred on "!3!"3, and a felony (;$ violation alleged to have occurred on or aAout "!#3!"3) ;lease
    provide any documentation your office has received Cith respect to that case and an Critten
    indication of Chether your office Cill Ae appearing at the arraignment on 3!!"3)
    7 Could prefer that all three matters Ae resolved (and hopefully the appeal of ""2%334" in C+"#2
    #%#. Aefore Budge (lliott can Ae included in such a gloAal resolution' in accordance Cith the terms 7
    agreed to on the record on &!#7!"3 in ""2%334" (a hearing Chich arguaAly Cas comAined Cith the
    other tCo matters')
    - 321-
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    2
    Q9attersF 0rom: Dogan, Biray (BDogan`Cashoecounty)us' /his sender is in your safe list)
    *ent: ?ed !#7!"# 9:%4 <9 /o: Iachcoughlin`hotmail)com Cc: @oodnight, Boseph ?
    (B@oodnight`Cashoecounty)us' Zach, $n Bune "3th, 7 sent to you via email (see AeloC' an offer
    negotiated C! the *tate) 7 have not heard Aac5 from you regarding the offer) /he D< is re3uesting an
    ansCer to Chether you are going to accept ! reEect the resolution Ay Buly "%) >ou are currently
    scheduled for trial in Boe @oodnight4s case on Buly ", and an 9*C on the same day for my case)
    ;lease let us 5noC Aefore Buly "% Chether you Cant to go forCard Cith trial or otherCise) 7n the case
    you have C! me) ;lead @uilty to an amended count of DisturAing the ;eace) *erve 9% days Eail
    (concurrent to the case you have C! @oodnight' Dsuspended,D on condition you continue to see your
    psychologist or psychiatrist, provide monthly reports of this to the Bustice Court, maintain any +1
    regimen prescriAed Ay your doctor, and oAey all laCs) 7n the case you have Boe @oodnight) ;lead
    @uilty to an amended count of DisturAing the ;eace) *erve 9% days Eail (concurrent to the case you
    have C! me' Dsuspended,D on the same conditions stated aAove)Y
    /here terms of my proAation under +C+#%""2%334" re3uire me to chec5 in Cith
    DD<*D)))/he security personnel Chom 7 chec5ed in Cith (Budge *ferraIIa entered and <dministrative
    $rder re3uiring me to Ae escorted Ay a +BC Bailiff anytime 7 go to areas under the control of the +BC,
    due to, Aasically, from Chat 7 understanding, past DdisruptionsD)))so 7 chec5 in Cith the front door
    security staff Chenever 7 go to " *) *ierra *t for anything related to D<* (Department of <lternative
    *entencing' or the +BC, and then Cait for an +BC Bailiff to appear to escort me to, say, the D<*
    chec5 in area in the +BC filing office)
    /he day of one of the allege (;$ violation "!#3!"3 Cas also the day my <ppellant4s Brief
    Cas due in the N) *) Ct) case involving the *tate Bar of Nevada4s attempt to have me disAarred
    irrevocaAly) 7 Cas aAle to oAtain a telephonic . day e1tension, ultimately, ma5ing my Arief due on
    "!3%!"3 (ultimately the +ecord on <ppeal in that matter Cas struc5 from the record due to some
    things li5e the *tate Bar putting more than #.% pages per Aound volume, printing on Aoth sides of the
    paper, failing to Aates stamp certain things, etc), so my Brief is noC due further out, Aut at the time, 7
    did not 5noC Chether or not the Court Could grant my 9otion to (1tend the Deadline to file my
    Brief, etc)))so, Aasically, is Cas a stressful situation))
    <lso, the Northern Nevada Disciplinary Board issues its 0indings on "#!"4!"# recommending to the
    Court that 7 Ae forever disAarred) 7 attempted to file a post20indings 9otion for NeC /rial or to <lter
    - 322-
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    2
    or <mend the 0indings)))under N+C; .# and or .9, and mayAe DC+"3(7', that Cas due "% Eudicial
    days from that "#!"4!"# mailing of the 0indings)))Chich Could have Aeen "!3!"3)))7 don4t Cish to
    violate the (;$ or file a Brief that disparages anyone) +ather, 7 hope to Ae aAle to pull together the
    enormous amount of material involved in defending against the *BN4s Complaint, Chich alleged 7
    violated some "# +ules of ;rofessional Conduct and untold numAer of times, in a professional and
    fair manner, Cith a focus on mitigating factors involved in Chat has occurred in my life since <ugust
    #%"", should an outright agreement related to some *C+ ""7 DisaAility arrangement not Ae availaAle
    Cith the *BN)
    7 have recently complete an inta5e Cith Northern Nevada <dult 9ental 8ealth *ervices and start
    counseling and hopefully that Cill result in an arrangement Chere, even if 7 cannot afford them
    myself, 7 Cill Ae aAle to get my ?ellAutrin antidepressant and avoid some of the things that may, in
    part happen Chen 7 run out of it and can4t afford a refill) 7 have sent the ?CD<4s $ffice some ill
    advised emails and or Critings in the last month or so (and proAaAly Aeyond that', and Aelieve that
    Cas at least in part a result of not Aeing aAle to afford my medication)
    8oCever, the /;$!(;$s may Ae void given the purported service of the /;$ and Notice of
    the (;$ 8earing appears to violate Courthouse sanctuary doctrine, on top of the dictate against
    serving attorney4s process Chile they access the courts)
    <dditionay, neither @C nor S*N put up the #ond statutoriy re>uired for a !or"pace
    TPO, and e'hi#its on their face demonstrate that the in" in the emai Coughin aeged to ha)e
    sent on or a#out /32/32/3 !as to a har",com audio clip only not a mo)ie, N-CP 7B$g&, #ad faith
    affida)its, untena#e, particuary !here @CP< 9im Lesies admits to faiing to pro)ide
    coughin 9"" audio files on tCo dics propounded Ay the ?CD< on &!"3 and &!"7!"#) 0urther, audio
    clip spea5s to learning, reading, and philosophy, Chich Could not seem to support a finding of the
    sort of conduct re3uired to support such an $rder) <dditionally, free speach and access to *BN filing
    office procedures, including those under *C+ "%.(4', including those e1pressed Ay the *BN and its
    Cler5 of Court and fa1 filing (some authority e3uates email Cith fa1 as Cell' may present claim of
    right defense to any alleged (;$ violation)
    <s *uch, the difficulties associated Cith Aeing arrested on #!&!"3 and charged Cith a felony and gross
    misdemeanor incident to alleged (;$ and /;$ violations occuring on day of deadlines to file N+C;
    .# and or .9 motions as to "#!"4!"# NNDB ;anel 0indings and 9otion for (1tension fo /ime for
    <ppeal Brief in #337, have made it inordinately difficult to prepare for #!#.!"3 *hoC Cause
    8earing) <dditionally, it may have Aeen improper to apply rigid and formulaic 7n +e (ric5son
    application of procedural rules to pro se defendant in various +BC matters, Chere DD< >oung has
    - 323-
    1
    2
    oAtained several (mergency (1 ;arte $rders and or 9otions *ettings (""!#7!"# no fa1ing in
    %.3%)))the approach to the $rder 0or Competency (valuation in %334" as it relates to the *tay
    re3uired on #!"#!"3 in %.3% (QshallY)))N+* "7&)4%.') 9ay Ae impermissiAle for +BC Bailiffs and
    or Budge Clifton to re3uired Coughlin, essentially to Caive any notice or service re3uirement for
    improptu reconsideration 8earing presided over Ay Chief Budge ;earson setting aside the $rder 0or
    Competency (val made Eust an hour previous, and such may have Aeen the result of e1traEudicial
    communications Chich may not Ae a permissiAle Aasis for such action (adEudicatory Aoundaries
    limited to Chat parties appropriately put forth to the Court)))(1 parte communications Ay DD< >oung
    at +BC Counter and or anythign communicated to Budge ;earson on #!"#!"3 may not Ae appropriate
    Aasis for setting aside $rder for Competency (valuation') 6astly, D<* $fficer Celeste BroCn email
    to Coughlin of "!#4!"3 indicates the QvideoY shoCed Coughlin presented to the security Chec5 in
    arguaAly a timely manner on "!#3!"3 sufficient to reAut a finding of a violation, or at least
    demonstrate a good faith attempt to comply) 0urther, arrest report!Aoo5ing sheet for #!"!"3 arrest Ay
    D<* indicates time of arrest 7:%# pm, Chich may violate N+* "7")"3 dicate against misdemeanor
    arrest AetCeen 7pm and 7am Cithout a Carrant) Coughlin ordered to e1it his residence after 7pm Ay
    D<* $fficer)
    0urther, as to ?C;D Bim 6eslies4s /;$ application it is telling he mistates the "#!"#!"# email
    as continaing a lin5 to a violent video clip Chen in fact the lin5 is to nothing more than an audio clip
    that relates to learning, reading, and philosophy (the verAatim transcript of the entirety of the audio
    only clip lin5ed to in the "#!"#!"# email is as folloCs:
    Q7 ain4t no Chite trash piece of shit) 74m Aetter than you all) 7 can out learn you) 7 can out
    read you) 7 can outthin5 you, and 7 can out philosophiIe you) <nd 74m going to outlast
    you) >ou thin5 a couple of Chac5s to my good old Aoy gut4s gonna get me doCnF 7t4s
    going to ta5e a hell of a lot more than that, Counselor, to prove you4re Aetter than me_Y
    (9a1 loo5s around in an attempt to find Chere *am is hiding'
    /he lin5 to this in the "#!"#!"# email does not contain a single violent statement or image) 7f
    the lin5 had Aeen to a clip of 9a1 Cady4s Q>our going to learn aAout loss)))Y speach, fine, that may
    amount to an implied threat) But it Casn4t) 7t Cas to a short audio clip of Cady ma5ing the aAove
    statement) 6eslie is adding his oCn rememArances of QCape 0earY Chere he alleges that such
    3uotations occurs after Cady has Aeaten tCo men) <ctually, if one Cent and vieC that Chole scene
    from the movie, it shoCs Cady Aeing attac5ed Ay aAout si1 men that his puAlic defender, played Ay
    Nic5 Nolte, had hired to go and attac5 and Aeat Cady Cith QAaseAall Aats and Aicycle chainsY) Cady
    fought them off, then delivered a speach to a trash dumpster that he figured his former QcounselorY
    Nolte Cas hiding Aehind Chen he heard a rustling emanate from Aehind it folloCing his successfully
    Carding off the attac5 Ay the si1 hired thugs) 6eslie demonstrates a complete lac5 of candor to the
    triAunal in his application (as does ?CD< DD< ?atts2-ial, Chose ""!"3!"# last minuted fa1ed
    - 324-
    1
    2
    oAEections to Coughlin4s *C+ ""% *uApoenas upon #BDC Budges 0lanagan and (lliot, Cler5 of Court
    8astings and the #BDC Custodian of +ecords, Chere ?atts2-ial admits to e1tended discussions Cith
    the very Bar Counsel Chom confirmed to Coughlin that he, as a respondent suspended attorney
    appearing pro se in his formal disciplinary matter, may, in fact, issue his oCn suApoenas (and, given
    NNDB *usich4s 7!#7!"# email to Coughlin, Coughlin Cas entitled to rely upon such e1press
    indications Ay Bar Counsel Ging, provided as a message confirming such Ging Cas relaying to
    Coughlin upon confirming such Cith his supervisor, Chief Bar Counsel David Clar5) nstead, leslie
    chooses to focus on a tertiary aspect of some description of the film incident to a lin5 to Auy the film
    Chere he Crites (N$/(: $N( +</8(+ 79;$+/<N/ /87N@ 6(*67( @(/* ?+$N@ 7* /8(
    D</( *(N/ 0$+ /8( (9<76 6(*67( <66(@(* C$:@867N *(N/ 879 ?7/8 < 67NG /$
    /8( <:D7$ $N6> C67; $0 < *;((C8 0+$9 /8( 9$-7( QC<;( 0(<+Y /8( D</7N@ $N
    /8</ (9<76, <* (-7NC(D B> /8( <//<C89(N/4* /$ DD< ?<//*2-7<6 <ND 6(*67(
    /;$ <;;67C</7$N, 7ND7C</(* /8</ (9<76 ?<* *(N/ $N "#!"3!"#, +</8(+ /8<N, <*
    6(*67( 7ND7C</(* B(6$?, $N "#!"#!"#' <lso, a lot of 6eslie4s allegation (most of them are
    actually inaccurate anyCays, Aut))' need to Ae ta5en in the conte1t or Cith the 5noCledge that
    Coughlin greC up in +eno, attending *Cope and +eno 8igh Cith Aoth of his ?C;D on these cases
    (Boe @oodnight in ""2%334" Cas a classmate for years and part of similar circles of friends as
    Coughlin throughout those years' and Biray Dogan in "#2%.3% (Dogan and Coughlin Cent through
    school together from 7
    th
    through "#
    th
    grade, Aoth graduating Cith the +eno 8igh *chool class of
    "99.' and Coughlin and those tCo have much more of an easy ready faimilarity Cith each other and
    their respectivie senses of humor) /hen, all the sudden, Bim 6eslie, (s3), Cho moved to ?ashoe
    County in the early nineties from 9issouri, Aarges in and ta5es over all the cases in a Aelligerent
    arrogant manner, and ultimately Cinds up getting a /;$ against Coughlin and encourageing the *BN
    to do so as Cell, Chich noC has Coughlin facing felony charges, disAarment, etc), etc)) 0urther
    Coughlin coached Budge 8ascheff4s son in Bas5etAall Chen he Cas a 9
    th
    grader at +eno 8* in #%%&,
    Cent to school sandCiched AetCeen the graduating class containing Aoth of ?6*4s ;aul (lcano4s sons
    (;9 in "994 and Bohn in "99' and Budge <lAright4s children ((rin in 494 and +oss in 49') /he point
    Aeing that Couglin has lived in this commuity for a long time and has an estaAlished trac5 record of
    Aeing non2violent (as is often the case Cith individuals of Coughlin4s siIe ( foot 4, #.% pounds'
    Coughlin has Aeen socialiIed to Ae docile and gentile to Chatever e1tent he Cas not already) 6eslie
    and the *BN (again, via ;at Ging, someone Chom did not groC up here, has little history her, moved
    here from *an Diego in the mid 9%4s' Could have the +BC vieC Coughlin as some un5noCn violent
    drifter type not to Ae trusted, Aut rather feared, Cith little to no trac5 record of civiliIed Aehavior,
    Chich is hardly the case) Coughlin Cas tCice a team captain for the +eno 8igh *chool Aase5tAall
    team in the mid "99%4s, a National 9erit 0inalist in "99., has volunteered for local non2profits li5e
    -ery *pecial <rts Nevada, and has Aeen a participating memAer of the *BN4s 6aCyers Concerned for
    6aCyers since #%%3, and formerly Cor5ed for legal aid provider ?ashoe 6egal *ervices as a
    domestic violence attorney, and Aefore that local laC firm 8ale 6ane) 8e Cent to *Cope, +eno 8igh,
    - 325-
    1
    2
    then :N+, then :N6-4s Boyd *chool of 6aC Cith ?CD< DD< Chris 8ic5s and Ben Christie, and
    Cor5ed at 8ale 6ane Cith DD< ;atricia 8alstead)
    <ny alleged lin5ing to a short audio clip from a mainstream movie li5e QCape 0earY, especially
    Chere the clip spea5s only to learning, and does not contain any of the violent imagery or other
    conte1tual references that 6eslie cites to (6eslie4s /;$ application *tatement in (1hiAit assumes a
    great deal of information and conte1t aAout the audio clip in 3uestion that one Could only Ae aCare
    of from Catching the entire move, and in no Cay Could Ae aCare of from simply listening to a
    paragraph Corht of an audio clip such as that allegedly lin5ed to, found at a mainstream CeAsite li5e
    CCC)8ar5)com)))and 6eslie fails to actually get into Chat the audio clip actually says, rather, he
    focuses on matters in no Cay depicted in the audio clip (allegations that the former client Eust Aeat
    several men, that he utiliIed a Ceapon or Alunt instrument to do so, that he had theirs and his Alood
    on his (therre is a still image depicted in the clip, Aut Coughlin has an add2on in his AroCser that
    Aloc5s such image, so even if it is proven that Couglin sent such an email, he Could not have Aeen
    aCare of the still image depicted upon clic5in on such lin5, and regardless, that image is of a
    mainstream actor, +oAert Deniro, and it is not clear Chat he is holding or Chat he has Aeen doing or
    Chy, or Chether or not it is in fact Alood on his shirt)))further in that still image, Deniro has his hand
    in a placid, resting position as though Aalancing his Ceight on a golf putter or something, hardly a
    menacing stance) /he audio clip is #& seconds long) +egardless, to Chatever e1ten 6eslie, the
    ?C;D, Ging or the *BN felt threatened or actually fearful (Chich is highly unli5ely given all their
    associated Aluster and purposeful aggravation and taunting of Coughlin for a sustained period of time
    and groupthin5, Aelligerent, pac52li5e, institutionaliIed Aullying Aehavior in some, Aut not all,
    instances (David Clar5 menacingly commented to Coughlin aAout Aeing QsadY that he didn4t get a
    chance to prosecute that one attorney Aefore the schmuc5 committed suicied)));at Ging fau1
    e1pressing sadness in an ultra condescending tone Chen mentioning the high li5elihood of Coughlin
    Aeing disAarred, Bim 6eslie4s histrionics and Q*crappy2DoY2li5e Aehavior (*crappy2Do (QBim 6eslie is
    a *crappy DudeY reference sounds li5e something a taller person might ma5e up on the spot in an
    attempt to oAfuscate a reference that might come across as hurtful to a shorter person Chom had
    finally aggravated the taller person enough to ma5e an arguaAly hurtful comment Aased upon one4s
    short statute) Couglin has Aeen tall most all of his life) 7ts not all its crac5ed up to Ae)))hoCever,
    Coughlin has felt empathy toCards shorter men, has alCays attempted to and managed to ma5e
    personal invective Aased upon other4s physical appearances, etc), and if Coughlin did ma5e a
    reference to Bim 6eslie Aeing li5e the character *crappy2Do from the children4s cartoon series
    Q*cooAy2DoY it Cas only after Aeing aggravated endlessly Ay a mean spirited, at times, Aut not
    alCays, Bim 6eslie, Chom is li5ely stressed out at times from handling a large case2load, and having
    people4s freedom in his hands day after day (somethign for Chich Coughlin had a great deal of
    respect for the fact that such is the case incident to 6eslie4s EoA and position)))0or Aac5ground, the
    cartoon character *crappy2Do is a diminutive canine friend of *cooAy2Do Chom oftens pic5s fights
    Cith much large opponents, only to then have his large friends, li5e *haggy and *cooAy come in and
    - 326-
    1
    2
    either do the fighting for him, or, more typically, dispell the situation created Ay *crappy2Do4s
    antagoniIing Aluster)))fairly similar to Chat occurred on $ctoAer 9
    th
    , #%"" Chen +BC Bailiff +eyes
    Cas called in (as 6eslie has done Cith +BC Bailiff4s time and again' to crac5 doCn on or intimidate
    Coughlin or other 6eslie client4s Chom have finally started to Aroach at 6eslie4s treatement of them
    and refusal to advocate on their Aehalf) <nd Chile 6eslie alleges Coughlin to have seemingly mostly
    complaints against other Qattorney4s in our officeY, Ay far, Coughlin4s frustration has related to 6eslie
    the overChelming maEority of the time, though at times Coughlin and 6eslie have had a rapport and
    Coughlin Cishes 6eslie no ill Cill, hopes to loo5 Aac5 at all this as friends someday, etc))')):
    Q
    QE'hi#it / to (ppication for Temporary Order for Protection (gainst
    Carassment in the @or"pace
    Zachary Coughlin is a client of the ?ashoe County ;uAlic Defender, and
    7 have Aeen assigned to one or more of his criminal cases, 7t is anticipated that Ay
    /uesday, DecemAer "&, #%"#, our office Cill Ae relieved as counsel on 9r,
    Coughlin4s single remaining case Cith this office) 9r) Coughlin is an attorney on
    suspended status Cith the Nevada *tate Bar arising from a con)iction for
    misdemeanor shopifting !hich has #een pu#iciRed in the press) 9r)
    Coughlin represented himsef in that criminal proceeding)
    $n <ecem#er /3, 34/3, 7 received an email from Zachary Coughlin, a
    copy of Chich is attached hereto as (1hiAitD 7r<D ) /he email pertains to a
    misdemeanor petit larceny case of 9r) Coughlin4s involving theft or unlaCful
    retention of an i;hone, on Chich 7 and other attorneys in our office previously
    represented him, During the course of the Aench trial, our office Cas relieved as
    counsel upon 9r) Coughlin4s re3uest to represent himself) /hroughout the email)
    9r) Coughlin ma5es various derogatory complaints aAout and references to me
    and other attorneys in our office)
    <t the end of the first paragraph of the email) 9r) Coughlin complains
    that his various attorneys and others in the local criminal Eustice system have
    ruined his life and he Crites Q7 rememAer Chen my life featured happy moments
    li5e the Airth of tCins ) , ) Aut that Cas Aefore your leviathan legal system
    Crec5ed shop on my e1istence) ?hat, sir, shall Ae my compensation FD /he
    email then references the CeAsite http:!!tinyurl)com!Agmlfdr ?hen that address
    is cut and pasted into a CeA AroCser, it directs the reader to a CeAsite containing
    a )ideo segment from the movie DCape 0earD, Chich the !e#site summariRes
    as a fim that Ntes the story of a con)icted rapist !ho see"s )engeance
    against a former pu#ic defender !hom he #ames for his /5%year
    imprisonment )))) D In the mo)ie, the cient, payed #y -o#ert <i Nero,
    carries out that )engeance #y sta"ing and trying to "i his former pu#ic
    defender, payed #y Nic" Note, ( copy of the print out of the !e#site is
    attached hereto as E'hi#it I[*N, The )ideo segment on the !e#site is a scene
    in the mo)ie !here the cient of the pu#ic defender has 6ust #eaten t!o men,
    - 327-
    1
    2
    The cient is !earing a shirt #oodied !ith his #ood and the #ood of the
    men he 6ust #eat, and he is hoding a #unt[instrumcnt !eapon or a chain in
    his hand, Ce )o!s to continue his harassment of his former pu#ic defender,
    !ho is hiding near#y #ehind a gar#age dumpster)
    /he email from 9r) Coughlin is addressed to several attorneys in the
    office of the ?ashoe County ;uAlic Defender, including attorneys Bim 6eslie,
    Beremy Bosler, Biray Dogan, Boseph @oodnight, and Chris 0ortier) 9r, Coughlin
    has previously and repeatedly e1pressed significant dissatisfaction Cith his
    various attorneys in our office and has almost continuosly, as he does throughout
    the email attachted hereto, Alamed them for his current legal proAlems, his recent
    criminal convictions, and his suspension from active attorney licensure Cith the
    Nevada *tate Bar) /he email is aso addressed to se)era other persons outside
    our office, including Aut not limited to *teve /uttle of the +eno Bustice Court,
    Bohn Gadlic, and Daniel ?ong of the +eno City <ttorney4s $ffice, 9ary
    Gandaras of the ?ashoe County District <ttorney4s $ffice2Divil Division, and
    David Clar5 and ;atric5 Ging of the $ffice of Bar Counsel of the Nevada *tate
    Bar)
    Based on 9r) Coughlin having included the various recipients to the email
    Cho are not his attomeys, 9r) Coughlin has Caived attomey2c"ient
    confidentiality) <dditionally, Aased upon the nature of the references made in
    the first paragraph of the email to 9r) Coughlin4s legal proAlems and reference
    to the NCape 8earN regarding )ioence and harassment against former
    puhic defender, 9r, Coughlin has !ai)ed attorney%cient confidentiaity as
    per Nevada +ule of ;rofessional Conduct ")(c')
    Later the same day as the emain <ecem#er /3, 34/3) 9r) Coughlin
    shoCed up at the offices of the ?ashoe County ;uAlic Defender Cithout an
    appointment, 7 and an investigator Cent to the loAAy to see him, since !e had
    decided Aased on previous encounters Cith 9r) Coughlin that it is #est not to
    meet !ith him aone, ?ith the investigator present in the loAAy, 7 as5ed 9r)
    Coughlin Chat he needed) Ce said he !anted his disco)ery documents) Since
    !e ha)e had prior incidents !here Mr, Coughin recei)ed documents from
    us and ater caimed !e did not pro)ide them, I as"ed him to emai me !ith
    his re>uest and that I !oud respond to the emai, During our discussion 7
    informed him that 7 Could Ae as5ing that our oflicc Ae relieved from his pending
    misdemeanor $Astructing and +esisting criminal case) 8e Aecame agitated and
    upset and I as"ed him to ea)e and to schedue an appointment if he thought
    he needed one and to send me his emai re>uest) 8e refused to leave, stating
    he Cas Criting a note) 7 as5ed Chat the note Cas and he Aecame loud and
    verAally aggressive and said DNone of your goddamncd Ausiness)))D 8is
    demeanor Cas visiAly Aelligerent 7 as5ed him again several times to leave and he
    rose to his feet (he is appro1imately 43D and 7 am .44D' and Cent on a verAal rant
    against me) 7 continued to tell him to leave Chile I turned to the front des"
    staff and as"ed them to ca the poice, Ce tried handing me the note, and in
    response I hed out my hand to recei)e it from him, #ut then he pued the
    - 328-
    1
    2
    note #ac" from me se)era times in a taunting manner !hie smiing) <s Ce
    Caited for the elevator, he 5ept saying he Cas DchippingD at me) <s he left in the
    elevator, he 5ept saying Dchip, chip, chip )))) , in a taunting manner)
    7 as5ed my investigator to summariIe the encounter in Criting) < copy of
    that Critten summary is hereto attached as (1hiAit DM2CD)
    @iven 9r) Coughlin4s demeanor and Aehavior, and given the DCape 0earD
    reference in the email earlier that day, 7 felt it appropriate to call the police as
    result of 9r) Coughlin4s refusal to leave, aggressive and hostile demeanor and
    statements, and the concern that he might get physically violent) Ce eft the
    #uiding #efore the poice arri)ed)
    (s a resut of the emai and the encounter Cith 9r) Coughlin in our
    loAAy Ce have notified him via email that he is not to come to our offices
    Cithout prior confirmation of an appointment Cith his assigned attorney) *ee
    (1hiAitD 72DD attached hereto) ?e also advised the front des5 for the Auilding,
    located on the first floor, of that limitation on his access to our office) *ee (1hiAit
    D"2(D attached hereto)
    Based on Chat appears to Ae 9r) Coughlin4s escalating animosity toCard
    out office and staff as reflected in the email reference to DCape 0earD, 9r)
    Coughlin4s e;pressions in the email of hostility toward several of the attorneys
    in our office and his apparently Aleaming of them for his legal proAlems and
    criminal convictions, and his demonstrated aggressi)eness to!ard our staff,
    Ce are applying for the restraining order to Chich this (1hiAit D"D is attached)Y
    NoticeaAly, ?C;D 6eslie4s oCn 7nvestigator, (vo Nova54s statement that DD< ?atts2-ial
    attached to the very same /;$ <pplication in "#2.99 itself contradicts 6eslie4s accounts (and
    6eslie contradicts himself and reveals his oCn professional misconduct upon a revieC of the
    emails AetCeen Coughlin4s then ?C;D 6eslie and ?CD< DD< Gandaras of "#!"#!"# and
    "#!"3!"#)))and upon a thorough revieC of those emails and Coughlin4s Qsent messagesY folder it is
    revealed that Couglin did not send 6eslie any email on "#!"#!"# (Chich ma5es it apparent that the
    "#!"#!"# email Coughlin sent to the *BN and others Cas forCarded to 6eslie Ay one of it4s
    recipients, at Chich point 6eslie forCarded the same to ?CD< DD< Gandaras, ma5ingly
    particularly suspect the duAious mistatements of the dates involved in 6eslie4s (1)" statement
    attached to the ?or5place 8arrassment /;$ filed on 6eslie4s Aehalf Ay DD< ?atts2-ial (he of
    the duAious ""!"3!"# fa1ed oAEections to Coughlin4s *C+ ""% suApoenas in this matter' and
    reveals the e1tent to Chich 6eslie engages in violations of +;C 3)", 3)3, "), and, possiAly, 3)4,
    N+* "7&)4%., and +;C ")"4) Nova5 Crote:
    Q6eslie, Bim 0rom: *ent: /o: *uAEect: Nova5, (va ?ednesday, DecemAer "#,
    #%"# 4:." ;9 leslie, Bim Coughlin office visit "#r"#r"# "":.&:"" am, "#2#"2
    #%"# #3!3# GnoCing 9r Coughlin4s volatile past Aehavior 7 Cas as5ed to
    accompany Bim leslie to the loAAy to assist Coughlin, 8e Cas seated in a chair
    !riting a note, Bim leslie as5ed Coughlin Chat he needed, Coughlin
    mentioned he needed some disco)ery from a case ) Bim 6eslie advised him
    ma5e any communications Ay Cay of email, he Could handle that Cay,
    - 329-
    1
    2
    Coughin as"ed if I !as present as !itness, Bim Lesie confirmed that, Bim
    stated that he Cas going to as5 to Ae relieved from the current Coughlin case,
    Coughlin4s demeanor Aecame Aelligerent) 9im Lesie as"ed Coughin to ea)e
    the office, Coughin refused caiming he !as !riting a note, 9im Lesie
    as"ed !hat the note !as, Coughin said N it's none of your goddamn
    #usiness and !a"ed past 9im and eft the note at the reception des",
    Coughin !as ad)ised se)era times #y 9im Lesie to ea)e the office, 9im
    Lesie ad)ised him that the poice !ere going to #e caed, At that point the
    ee)ator arri)ed, Prior to the ee)ator door cosing he continued his rant
    toCard Bim 6eslie until the door closed, (vo Nova5Y
    <dditionally, ?C;D and ?CD< DD<2Civil Division DD< 9ary Gandaras
    may have violated N+* "7&)4%., Coughlin4s rights incident to 6eslie4s
    representation in +BC +C+#%"#2%79&%, and ""2%334", "#2%.3% in light of
    +;C ")"(c' in, Aut not limited to, the folloCing (an in consideration of ?CD<
    DD< ?atts2-ial4s and 6eslie4s suAse3uent /;$ <pplication in +BC +C;#%"#2
    %%%99, Aoth appear to have violated +;C ")", ")3, 3)", 3)#, 3)#, 3)4, 3)4, 3).<,
    3)7, 4)3, .)", .)#, .)3, .)., &)", &)3, and &)4 (especially considering 6eslie4s
    continuing to maintain that he Q5noCsY that his office sent Coughlin Critten
    notice of the &!!"# comAination hearing in "#2%79&% and "#2%.3% Chen
    his legal assistant, 6inda @ray, admitted to Coughlin on &!&!"# that she failed
    to mail out the Critten notice to Coughlin in light of her Aelief that Coughlin4s
    then Q;$ Bo1 39", +eno, N- &9.%.Y mailing address Cas Qno longer goodY
    (Chere @ray Cas presumaAly unaCare that Coughlin Aailed out of Eail on
    7!#"!"#, upon the ridiculous $rder folloCing the unnoticed 7!.!"# Aail increase
    hearing incident to the fraudulent testimony Ay +;D $fficers ?eaver and or
    Dye, and the QadvocacyY Ay +9C court appointed counsel Geith 6oomis
    (Chich Cas anything Aut' resulting in +9C Budge ?) @ardner raising
    Coughlin4s then AondaAle H",4". Aail to a cash only H3,%%% (Aased upon three
    charges that Cere completely phoney, drummed up, and spurious to Aegin Cith)
    /7/6( "4S;+$C(D:+( 7N C+797N<6 C<*(*=
    Chapter "7& @eneral ;rovisions:
    :INH+I-Y INTO COMPETENCE O8
    <E8EN<(NT (N< P-OCE<+-E 8OLLO@IN.
    8IN<IN. O8 INCOMPETENCE,,,
    N-SJ/E?,547JJSuspension of tria or
    pronouncement of 6udgment !hen dou#t arises as
    to competence of defendantL notice of suspension to
    #e pro)ided to other departments,
    ")ZZ<ny time after the arrest of a defendant,
    incuding, !ithout imitation, proceedings Aefore
    trial, during trial, Chen upon conviction the defendant
    is Arought up for Eudgment or !hen a defendant !ho
    has #een paced on pro#ation or !hose sentence
    - 330-
    1
    2
    has #een suspended is #rought #efore the court, if
    dou#t arises as to the competence of the defendant,
    the court shall suspend the proceedings, the tria or
    the pronouncing of the 6udgment, as the case may
    #e, until the >uestion of competence is determined)
    #)ZZ7f the proceedings, the trial or the pronouncing
    of the Eudgment are suspended, the court must notify
    any other departments of the court of the
    suspension in writing) :pon receiving such notice,
    the other departments of the court sha suspend any
    other proceedings reating to the defendant unti
    the defendant is determined to #e competent,=
    0urther, the $BC4s Ging Aac5ing out on his e1press agreement to provide Coughlin the
    names of the attorney4s on the *creening ;anel assigned to each of the grievances resulting in
    the formal disciplinary hearing held on ""!"4!"# is telling, as is the includion of ?CD< DD<
    Bruce C) 8ahn, (s3) and DD< 9ary Gandaras in the $BC4s &!#3!"# 0irst Designation of
    8earing ;anel 9emAers and 9r) 8ahn4s inclusion amongst the ?ashoe 6egal *ervices Board
    of Directors at the time in 9arch #%%9 Chen Coughlin 3uic5ly returned to (lcano an
    emergency assignment due, tCo days Aefore the start of the Boshi /rial in D-%&2%""& (from
    Chich the 4!"3!%9 $rder <fter /rial Ay #BDC Budge 6) @ardner Aecame N@"#2%43., the third
    grievance in listed in the caption of the $BC4s &!#3!"# Complaint, Chich Budge Nash 8olmes
    admits (contrary to the misleading, evasive, and arguaAly duplicitous statements in that regard
    Ay the $BC4s Ging as to the actual genesis of that greivance and the identify of the greivant
    (relevant to any +;C 4)# compliance re3uired of Coughlin') Couglin performed ghostCriting
    for (lcano in preparing the e1act, verAatim version of the Q/a1payer ;etition for <ppeal from
    the Decision of the County Board of (3ualiIationY that Coughlin had filed for ?ashoe 6egal
    *ervices (the cover form therein contains Coughlin4s handCriting, Cith a mar5edly different
    handCriting for (lcano4s signature, as (lcano changed not a single character in the four page
    ;etition Coughlin finished in time to timely suAmit for filing on the statutory deadline to do so
    on 3!"%!%9)
    Coughlin Cas assigned that proEect Ay (lcano less than . calendar days Aefore the
    deadline Cas to run, Cith the Boshi /rial in D-%&2%""& set for 3!"#!%9) /he proEect involved
    an attempt Ay ?6* to get out of Aeing stuc5 Cith the property ta1es for the real estate upon
    Chich it operates and leases from a private, for profit landlord) Coughlin returned an e1cellent
    ;etition to (lcano in an e1ceedingly short time frame) 0or (lcano to then appear at Coughlin4s
    ""!"4!"# formal hearing and 3uestion Coughlin4s QcompetencyY is ridiculous and pathetic,
    especially considering the inordinate effort (lcano e1pends in trying to pass himself off as
    some <tticus 0inch type) 7n 9arch #%%9 Coughlin actually met Cith (lcano and a ?6* Board
    9emAer that may have Aeen 8ahn (its not clear, and ?6* and then it4s counsel has refused to
    identify those Cho Cere Aoard memAers at the time of Coughlin4s summary suspension and
    suAse3uent firing' (noC a memAer of the *BN4s Board of @ovenors, and ?6*4s then Board
    ;resident, Gathleen Brec5enridge, (s3), is also amongst those identified in the $BC4s &!#3
    7nitial Designation, and the +BC4s neCest Bustice of the ;eace, 8on) ;ierre 8ascheff Cas also
    on ?6*4s Board at the time of Coughlin4s summary suspension on 4!#%!%9 and suAse3uent
    - 331-
    1
    2
    firing during the time period to file a 9otion for +econsideration or otherCise challenge the
    4!"3!%9 $</ (08( 3'= and (lliott *attler, (s3), ?ashoe County District <ttorney4s $ffice
    Deputy District <ttorney, Criminal Division /erm Aegan: NovemAer #%%9, e1pires: NovemAer
    #%"3 is listed as a ?6* Board 9emAer during the period of the Crongful termination litigation
    involving Coughlin and ?6*, as is *uIanne +amos, +eno City <ttorney4s $ffice /ern Aegan:
    0eAruary #%"3, (1pires, 0eAruary #%"., as is grievant #BDC Budge 6inda @ardner4s felloC
    #BDC Budge, 8on) Bridget +oAA ;ec5, *econd Budicial District Court Budicial Board ;osition
    /erm Began: DecemAer #%%&, e1pires: DecemAer #%"3, and NNDB 9emAer Gathleen /)
    Brec5enridge, (s3), Gathleen /) Brec5enridge, 6td) Board /erm Began: *eptemAer #%%7,
    e1pires *eptemAer #%"3, here: http:!!Cashoelegalservices)org!inde1)php!Aoard2memAers ' to
    revieC that ;etition Coughlin prepared for ?6* Ay the 3!"%!%9 deadline) /hat Coughlin
    prepared ;etition includes the folloCing analysis (somehoC, the aAility to find a needle in a
    haystac5 of legal authority in a very scant amount of time had not translated to an aAility to
    ma5e much of a living in ?ashoe County, Chere, it seems, some other ;ualifications are rather
    necessary':
    Q)))/his <ppeal is meant to demonstrate that a
    leasehold Cith an option to Auy for the Auilding and
    land at issue in this <ppeal (and for Chich the lease
    involved specifies that ?6* shall Ae responsiAle for
    the ta1es associated Cith', should Ae included in the
    property to Chich the language of N+* 3")"4%(#'
    applies) /he Auilding and land at issue in this <ppeal
    should thus receive an e1emption from ta1ation) /here
    e1ists a Cealth of support for the contention that the
    language in N+* 3")"4%(#' alloCs an e1emption to
    ?6* Chere it holds a leasehold Cith an option to Auy
    in the property at issue) Cases interpreting statutory
    sections Cith language very similar to, or in some
    cases, nearly verAatim to N+* 3")"4%(#' have held
    that DAelonging toD does, in fact, include situations
    Chere a party has a leasehold in the Auilding and land
    at issue)
    $ne case is particularly instructive) D/he
    Board concedes that the property is actually and
    e1clusively occupied and used Ay the 8ospital
    Corporation for a hospital conducted not for profit, Aut
    e1clusively as a charity, Aut it contends that since the
    property is oCned Ay the 0oundation it is not real
    estate DAelonging toD a hospital and is not e1empt
    from ta1ation) /hus Ce must first decide Chether the
    hospital property Aelongs to the 8ospital Corporation
    Cithin the meaning of K "&3( e' of the Constitution
    and its legislative construction, Code K .&2"#(.', so as
    to e1empt it from ta1ation, even though the Aare legal
    title is in the 0oundation) Board of *upervisors v)
    - 332-
    1
    2
    9edical @roup 0oundation, 7nc), "34 *)()#d #.&,#"
    (-a) "94') 7t is instructive to note that DDAelonging
    toD may mean less than an aAsolute and un3ualified
    title, such as the aAsolute right of use) *isters of
    Charity v) City of Detroit, 9 9ich) 94,9&= City of
    Bac5son v) ;reston, 93 9iss) 3,47 *o) .47, .49, #"
    6)+)<) N)*) "4= *heCell v) Board of (d) of @oshen
    :nion 6ocal *chool Dist) && $hio <pp) ",9 N)()#d
    3#3, 3#4= Blac54s 6aC Dictionary, 3d ed), Belong, p)
    #%.)D 7d)
    D0rom the conte1t of K "&3( e' and its statutory
    interpretation, Chen construed in the light of other
    suAsections and the policy of the *tate as to e1empted
    property, Ce hold that DAelonging toD includes, Aut is
    not limited to, an aAsolute and un3ualified title) Cf)
    <nnotation, ".7 <)6)+) &%, &#, &3)D 7d) D7n (e', the
    property is e1empt if it is Dreal estate Aelonging to,
    actually and e1clusively occupied and used AyD a
    hospital DconductedY not for profit, Aut e1clusively asD
    a charity ))) Ce must conclude from this that they
    intended that the Cords DAelonging toD re3uire only
    that the hospital have some interest or estate in the
    land it occupies and uses, not necessarily aAsolute
    oCnership, as the Cords DoCned AyD Could import) 7n
    this sense the real estate here in 3uestion DAelongs toD
    the 8ospital Corporation, so long as it has the
    e1clusive right to its possession under the lease)D
    Board of v) 9edical 7nc), "34 *)()#d #.&, ## (-a)
    "94')
    *everal other cases argue for a similar
    interpretation) D:nder <rt U777 K ", property rented or
    leased to a school district and used Ay the district
    e1clusively for puAlic school purposes is e1empt from
    ta1ation, notCithstanding the fact that such property is
    oCned Ay a private individual and not Ay the district)D
    +oss v) #4 Cal #d #.&, "4& ;#d 49 ("944')
    D/o hold, hoCever, Cith the appellant and
    folloC the authorities cited Ay it and amici curiae, it
    Could Ae necessary for us to construe the
    constitutional section of our state as re3uiring property
    used Ay a school district for puAlic school purposes
    not only to Ae solely used Ay the district Aut also to Ae
    oCned Ay the district Aefore it Could Ae e1empt from
    ta1ation) <s previously stated in this opinion, Ce are
    - 333-
    1
    2
    not aAle to so construe the applicaAle section of our
    Constitution) $n the other hand, Ce are in accord Cith
    the decisions of those courts in other Eurisdictions, as
    Cell as in our oCn, Chich hold that it is the use and
    not the oCnership of the property in the possession of
    a school district and used Ay it for puAlic school
    purposes that determines its status as property e1empt
    from ta1ation)D #4 Cal) #d #.&, #. (Cal) "944')
    D7n +oss the property leased to a school district
    Ay a private oCner Cas used e1clusively for puAlic
    school purposes and Cas held ta1 e1empt on that
    ground) 7n e1plaining Chy a sheer usage of property
    Cithout a concomittant oCnership should entitle the
    school district to a ta1 e1emption, the *upreme Court
    pointed out that the e1emption of property used for
    puAlic school purposes is not for the Aenefit of the
    private oCner Cho may rent them his property for said
    purpose, Aut for the advantage of the school district
    Chich may Ae compelled to rent property rather than
    to Auy land and erect Auildings thereon to Ae used for
    the maintenance of its school) ?ith this advantage the
    school district is aAle to rent property for a loCer
    rental than the oCner of the same property Couid Ae
    Cilling to accept from a private individual, for the
    reason that if rented to a school district the oCner is
    relieved from the payment of ta1es thereon)D
    8oneyCell 7nformation 7nc) v) County of *onoma, 44
    Cal) <pp) 3d #3,3% (Cal) <pp) "st Dist) "974') *ee
    also, +egents of :niversity of California v) *tate Bd)
    of (3ualiIation, 73 Cal)<pp)3d %, , "4%
    Cal)+ptr) &.7 ("977'LD/he purpose of the e1emption
    here is to oAtain loCer rentals for the educational
    institutions)DM)
    $ne California case is instructive in
    considering the curious paucity of appearances of the
    phrase DAelonging toD in N+* 3" Chen compared to
    the many instances of the use of the Cord DoCnerD, or
    some derivation thereof) DD*ince other governmentally
    oCned property Cas also e1empt, the inclusion in the
    "&79 Constitution of an e1press e1emption of
    Dproperty used e1clusively for puAlic schoolsD
    necessarily had another purpose) /hat purpose Cas to
    create a neC e1emption, one for property Dused for,D
    Aut not DoCned AyD a puAlic school)D v) of &#4 ;)#d
    3, 7. (Cal) "99#')
    - 334-
    1
    2
    N+* 3" is similar to the portion of the
    California Constitution at issue in in that the phrase
    DAelonging toD only ma5es one appearance in the
    entirety of N+* 3" for e1emption purposes at N+*
    3")"4%(#' (the DAelonging toD language also occurs at
    N+* 3")%7.(#' and N+* 3")74.(#', though Aoth
    other instances do not seem to Ae relevant to the Cay
    the phrase is used in N+* 3")"4%(#'') 7n contrast,
    many, many times in the te1t of N+* 3" does the
    Cord DoCnedD or some derivation thereof appear,
    strongly suggesting that oCnership in a fee simple or
    title sense Cas not meant to Ae a re3uirement to Ae
    read into N+* 3")"4%(#')
    7t is solely the use of the property Chich
    determines Chether the property is e1empt or not)D
    ?ashAurn v) Comm4rs of *haCnee Co), & Gan) 344
    (Gan) "&7"') D7t ma5es no difference Cho oCns the
    property, nor Cho uses it) ;roperty used e1clusively
    for educational purposes is e1empt, Choever may oCn
    it, or Choever may use it)D <nniston 6and Co) v) "%
    <la) #.3, #% (<la) "9%9') /he Dcourt, in Aoth,
    Arought pointedly into vieC the principle that
    De1clusive use,D irrespective of oCnership, Cas the
    test of the right of e1emption) ?e do not stand alone
    in this construction of these decisions)D 7d)
    *imilarly, Dunder the act Dall Auildings
    Aelonging to institutions of purely puAlic charity, and
    all Auildings Aelonging to puAlic hospitals, shall Ae
    e1empt)D ))) :nder this construction no regard need Ae
    had to the manner in Chich the title is held) v) @rand
    0or5s "% N)D) .4 (N)D) "9%%')
    0or the reasons set forth aAove Ce respectfully
    re3uest that the *tate Board of (3ualiIation grant a
    property ta1 e1emption to the Auilding and land that
    currently houses ?6*4s efforts to Aring legal services
    to needy and deserving individuals)Y
    - 335-
    1
    2
    0rom: Gandaras, 9ary *ent: /hursday, DecemAer "3, #%"# "%:#% <9 /o:
    6eslie, Bim *uAEect: +(: /he /hree (4s= Ccpd failure to provide essential 9""
    call cd discovery of &!"3 and &!"7, #%"# to Coughlin in rcr#%"#2%.3%
    7mportance:
    8igh
    Bim:
    7 Aelieve that you should send this) *upreme Court +ule "%4(a' authoriIes *tate
    Aar counsel to investigate all matters involving possiAle attorney misconduct or
    incapacity called to Aar counsel4s attention, Chether Ay grievance or Aoth) This
    potentiay in)o)es misconduct $)ioation of a!& and incapacity ,
    9ary Gandaras Deputy District <ttorney Civil Division ?ashoe County
    77. 2337 2.7#3 direct phone
    22222$riginal 9essage22220rom: 6eslie, Bim *ent: ?ednesday, DecemAer
    "#, #%"# .:"" ;9 /o: Gandaras, 9ary *uAEect: +(: /he /hree (4s= Ccpd
    failure to provide essential 9"" call cd discovery of &!"3 and &!"7, #%"#
    to Coughlin in rcr#%"# 2%.3%
    /han5s, please do) 8e came to our office after my email to you and
    caused a disturAance) @e caed the poice, Aut he fled #efore they
    arri)ed) Eim
    22222$riginal 9essage22220rom: Gandaras, 9ary *ent: ?ednesday,
    <ecem#er /3, 34/3 0D/E PM /o: 6eslie, Bim *uAEect: +(: /he /hree
    (4s= Ccpd failure to provide essential 9"" call cd discovery of &!"3 and
    &!"7, #%"# to Coughlin in rcr#%"#2%.3%
    7 Cill have to revieC this tomorroC and get Aac5 to you)
    9ary Gandaras Deputy District <ttorney Civil Division ?ashoe County
    77. 2337 2.7#3 direct phone
    22222$riginal 9essage22220rom: 6eslie, Bim
    /he AeloC email from 9r) Coughlin contains a
    reference at the end of the first paragraph to a CeAsite containing a video
    clip from the movie Cape 0ear) ;lease ad)ise Chether any action is
    re;uired of our office or yours regarding this possi#e )eied or indirect
    threat of )ioence against attorneys in this office Ay 9r) Coughlin)
    *ent: ?ednesday, DecemAer "#, #%"# #:.9 ;9 /o: Gandaras, 9ary
    *uAEect: 0?: /he /hree (4s= Ccpd failure to provide essential 9"" call cd
    discovery of &!"3 and &!"7, #%"# to Coughlin in rcr#%"#2%.3%
    9ary:
    Pease re)ie! my transmitta to Patric" Iing at the #ar, AeloC, and
    let me 5noC if 7 should do anything else from a ci)i perspecti)e)
    /han5s,
    - 336-
    1
    2
    Bames B) 6eslie, (s3)
    Chief Deputy ;uAlic Defender
    22222$riginal 9essage2222
    0rom: 6eslie, Bim *ent: ?ednesday, DecemAer "#, #%"# #:49 ;9 /o:
    4patric55`nvAar)org4 *uAEect: 0?: /he /hree (4s= Ccpd failure to
    provide essential 9"" call cd discovery of &!"3 and &!"7, #%"# to
    Coughlin in rcr#%"# 2%.3%
    9r) Ging:
    /han5 you,
    Bames B) 6eslie, (s3) Chief Deputy ;uAlic Defender ?ashoe County
    ;uAlic Defender4s $ffice
    22222$riginal 9essage2222
    0rom: Zach Coughlin Lmailto:Iachcoughlin`hotmail)comM *ent:
    ?ednesday, DecemAer "#, #%"# #:3. ;9 /o: 6eslie, Bim= Bosler,
    Beremy= Dogan, Biray= @oodnight, Boseph ?= 0ortier, Chris= /uttle,
    *teve= Gandaras, 9ary= >oung, Zach= s5auc`reno)gov=
    Congd`reno)gov= 5adlicE`reno)gov= complaints`nvAar)org=
    cvellis`Ahfs)com= Ee`eloreno)com= patric55`nvAar)org=
    davidc`nvAar)org= rosec`nvAar)org= laurap`nvAar)org=
    s5ent`s5entlaC)com= mi5e`tahoelaCyer)com= eifert)nta`att)net=
    nevtelassn`sAcgloAal)net= fflaherty`dlpfd)com=
    fflaherty`dyerlaCrence)com
    *uAEect: /he /hree (4s= Ccpd failure to provide essential 9"" call cd
    discovery of &!"3 and &!"7, #%"# to Coughlin in
    rcr#%"# 2%.3%
    /he /rial yesterday in +C+#%"#2%.3% featured e1tended discussions
    regarding the failure of the ?C;D, Dogan, and 6eslie, to turn over
    discovery propounded Ay DD< >oung in the form of cd4s featuring 9""
    calls DD< >oung provided to the ?C;D on &!"3!"# and &!"7!"# ))) <nd
    the heavy hitters Cere there, too ((lliot *attler' ))))) despite numerous
    Critten re3uests from Coughlin that the ?C;D do so, and multiple trips
    to the ?C;D personally Ay Coughlin to pic5 such materials up, and
    despite more flip flopping on their story Ay 6eslie and Dogan regarding
    Chether they ever gave Coughlin some pac5age of materials responsive
    to Coughlin4s re3uest for his DfileD ))) But, Bim 6eslie is stuc5 Cith the
    7!#7!"# date he mentions in his email, then he is stuc5 Cith Chat his
    recent email Cherein he purports to have therein digitally transmitted
    Coughlin his DfileD, Chich oAviously does not include the cd4s of 9""
    calls (the one4s DD< >oung too5 up an enormous amount of court time
    playing, over and over (Cell, >oung only played over and over the
    particular calls he felt Cere strongest for his case and most preEudicial,
    claiming some Dcutting room floor mishapD for the reoccurrence of
    - 337-
    1
    2
    certain calls, arguing that such a Dhappy accidentD Eustified playing them
    again and again, at ever increasing volumes, etc), etc)') <pparently, 7 am
    here to suAsidiIe >oung4s AaAy ma5ing, Eust li5e 7 Cas Cith 9s) @orman,
    as a continuance of preEudicial length of afforded to the *tate Chere none
    Cas forthcoming to Coughlin, despite 6eslie and Dogan4s oAstructionist
    tantrums, ones of a 3uality that Could) 7 rememAer Chen my life featured
    happy moments li5e the Airth of tCins ))) Aut that Cas Aefore your
    leviathan legal system Crec5ed shop on my e1istence) ?hat, sir, shall Ae
    my compensationF Do you mind if 7 put my arm around ))))
    http:!!tinyurl)com!Agmlfdr
    /his is a formal grievance against Dogan, 6eslie, Bosler, >oung ))) etc))))Y
    /he lin5 that 6eslie refers to as containing a Qvideo clip from the movie
    &ape =earY actually contains only an audio clip of a short 3uote from Cape
    0ear (the "99" *corsese version')
    /8(+( <+( < N:9B(+ $0 9</(+7<6 7NC$N*7*/7(NC7(* <ND
    C$N/+<D7C/7$N* B(/?((N /8( (-(N B:*/ 6(*67( <ND (-$ N$-<G4* <CC$:N/*,
    9:*/ 6(** 6(*67(* 97*/</7N@ /8( D</( $0 /8( Q/8+(( (4* (9<76Y /$ <DD
    (00(C/, 7NC6:D7N@ 6(*67( 97*6(<D7N@ */</(9(N/* (*8$?N B> /8( 6<CG
    /8(+($0 7N N$-<G4* <CC$:N/*' $0 ?8(/8(+ C$:@867N <//(9;/(D /$ 8<ND
    6(*67( /8( N$/( (C$:@867N D7D, /8(N 6(*67( ;:/ 87* 8<ND 0<+ $:/ /$ (<C8
    *7D( <* 70 /$ *<> 8( ?$:6DN4/ /<G( 7/, </ ?87C8 ;$7N/ C$:@867N, D7*/+:*/7N@
    6(*67( /$ /<G( /8( N$/( <N>?<>*, ;6<C(D 7/ </ /8( +(C(;/7$N7*/* /<B6( 7N
    0+$N/ $0 8(+ ?7ND$?)))N$-<G* 0<76:+( /$ C$$+B$+</( 6(*67(4* <66(@</7$N
    /8</ 8( B(@<N /8+(</(N7N@ /$ C<66 /8( ;$67C( +7@8/ <?<>, /8( 7N<B767/> $0
    C$:@867N /$ 6(<-( :N/76 /8( (6(-</$+ <++7-(D +(@<+D6(**, <ND /8( 0<C/
    /8</ C$:@867N ?<* *<>7N@ Q*C+<;, *C+<;, *C+<;Y, N$/ QC87;, C87;, C87;Y 67G(6>
    7N <N <//(9;/ /$ D7*@:7*( <N> 7662<D-7*(D */</(9(N/4* +(0(+(NC7N@
    *C+<;;>2D$, ?8(+( C$:@867N <6*$ *<7D </ /8</ /79( QB79, >$: <+( < *C+<;;>
    D:D(Y)
    QE'hi#it / to (ppication for Temporary Order for Protection (gainst
    Carassment in the @or"pace
    )))
    $n <ecem#er /3, 34/3, 7 received an email from Zachary Coughlin, a
    copy of Chich is attached hereto as (1hiAitD 7r<D ) /he email pertains to a
    misdemeanor petit larceny case of 9r) Coughlin4s involving theft or unlaCful
    retention of an i;hone, on Chich 7 and other attorneys in our office previously
    represented him, During the course of the Aench trial, our office Cas relieved as
    counsel upon 9r) Coughlin4s re3uest to represent himself) /hroughout the email)
    - 338-
    1
    2
    9r) Coughlin ma5es various derogatory complaints aAout and references to me
    and other attorneys in our office)
    <t the end of the first paragraph of the email) 9r) Coughlin complains
    that his various attorneys and others in the local criminal Eustice system have
    ruined his life and he Crites Q7 rememAer Chen my life featured happy moments
    li5e the Airth of tCins ) , ) Aut that Cas Aefore your leviathan legal system
    Crec5ed shop on my e1istence) ?hat, sir, shall Ae my compensation FD /he
    email then references the CeAsite http:!!tinyurl)com!Agmlfdr ?hen that address
    is cut and pasted into a CeA AroCser, it directs the reader to a CeAsite containing
    a )ideo segment from the movie DCape 0earD, Chich the !e#site summariRes
    as a fim that Ntes the story of a con)icted rapist !ho see"s )engeance
    against a former pu#ic defender !hom he #ames for his /5%year
    imprisonment )))) D In the mo)ie, the cient, payed #y -o#ert <i Nero,
    carries out that )engeance #y sta"ing and trying to "i his former pu#ic
    defender, payed #y Nic" Note, ( copy of the print out of the !e#site is
    attached hereto as E'hi#it I[*N, The )ideo segment on the !e#site is a scene
    in the mo)ie !here the cient of the pu#ic defender has 6ust #eaten t!o men,
    The cient is !earing a shirt #oodied !ith his #ood and the #ood of the
    men he 6ust #eat, and he is hoding a #unt[instrumcnt !eapon or a chain in
    his hand, Ce )o!s to continue his harassment of his former pu#ic defender,
    !ho is hiding near#y #ehind a gar#age dumpster)
    /he email from 9r) Coughlin is addressed to several attorneys in the
    office of the ?ashoe County ;uAlic Defender, including attorneys Bim 6eslie,
    Beremy Bosler, Biray Dogan, Boseph @oodnight, and Chris 0ortier) 9r, Coughlin
    has previously and repeatedly e1pressed significant dissatisfaction Cith his
    various attorneys in our office and has almost continuosly, as he does throughout
    the email attachted hereto, Alamed them for his current legal proAlems, his recent
    criminal convictions, and his suspension from active attorney licensure Cith the
    Nevada *tate Bar) /he email is aso addressed to se)era other persons outside
    our office, including Aut not limited to *teve /uttle of the +eno Bustice Court,
    Bohn Gadlic, and Daniel ?ong of the +eno City <ttorney4s $ffice, 9ary
    Gandaras of the ?ashoe County District <ttorney4s $ffice2Divil Division, and
    David Clar5 and ;atric5 Ging of the $ffice of Bar Counsel of the Nevada *tate
    Bar)
    Based on 9r) Coughlin having included the various recipients to the email
    Cho are not his attomeys, 9r) Coughlin has Caived attomey2c"ient
    confidentiality) <dditionally, Aased upon the nature of the references made in
    the first paragraph of the email to 9r) Coughlin4s legal proAlems and reference
    to the NCape 8earN regarding )ioence and harassment against former
    puhic defender, 9r, Coughlin has !ai)ed attorney%cient confidentiaity as
    per Nevada +ule of ;rofessional Conduct ")(c')
    Later the same day as the emain <ecem#er /3, 34/3) 9r) Coughlin
    shoCed up at the offices of the ?ashoe County ;uAlic Defender Cithout an
    appointment, 7 and an investigator Cent to the loAAy to see him, since !e had
    - 339-
    1
    2
    decided Aased on previous encounters Cith 9r) Coughlin that it is #est not to
    meet !ith him aone, ?ith the investigator present in the loAAy, 7 as5ed 9r)
    Coughlin Chat he needed) Ce said he !anted his disco)ery documents) Since
    !e ha)e had prior incidents !here Mr, Coughin recei)ed documents from
    us and ater caimed !e did not pro)ide them, I as"ed him to emai me !ith
    his re>uest and that I !oud respond to the emai, During our discussion 7
    informed him that 7 Could Ae as5ing that our oflicc Ae relieved from his pending
    misdemeanor $Astructing and +esisting criminal case) 8e Aecame agitated and
    upset and I as"ed him to ea)e and to schedue an appointment if he thought
    he needed one and to send me his emai re>uest) 8e refused to leave, stating
    he Cas Criting a note) 7 as5ed Chat the note Cas and he Aecame loud and
    verAally aggressive and said DNone of your goddamncd Ausiness)))D 8is
    demeanor Cas visiAly Aelligerent 7 as5ed him again several times to leave and he
    rose to his feet (he is appro1imately 43D and 7 am .44D' and Cent on a verAal rant
    against me) 7 continued to tell him to leave Chile I turned to the front des"
    staff and as"ed them to ca the poice, Ce tried handing me the note, and in
    response I hed out my hand to recei)e it from him, #ut then he pued the
    note #ac" from me se)era times in a taunting manner !hie smiing) <s Ce
    Caited for the elevator, he 5ept saying he Cas DchippingD at me) <s he left in the
    elevator, he 5ept saying Dchip, chip, chip )))) , in a taunting manner)
    7 as5ed my investigator to summariIe the encounter in Criting) < copy of
    that Critten summary is hereto attached as (1hiAit DM2CD)
    @iven 9r) Coughlin4s demeanor and Aehavior, and given the DCape 0earD
    reference in the email earlier that day, 7 felt it appropriate to call the police as
    result of 9r) Coughlin4s refusal to leave, aggressive and hostile demeanor and
    statements, and the concern that he might get physically violent) Ce eft the
    #uiding #efore the poice arri)ed)
    (s a resut of the emai and the encounter Cith 9r) Coughlin in our
    loAAy Ce have notified him via email that he is not to come to our offices
    Cithout prior confirmation of an appointment Cith his assigned attorney) *ee
    (1hiAitD 72DD attached hereto) ?e also advised the front des5 for the Auilding,
    located on the first floor, of that limitation on his access to our office) *ee (1hiAit
    D"2(D attached hereto)
    Based on Chat appears to Ae 9r) Coughlin4s escalating animosity toCard
    out office and staff as reflected in the email reference to DCape 0earD, 9r)
    Coughlin4s e;pressions in the email of hostility toward several of the attorneys
    in our office and his apparently Aleaming of them for his legal proAlems and
    criminal convictions, and his demonstrated aggressi)eness to!ard our staff,
    Ce are applying for the restraining order to Chich this (1hiAit D"D is attached)Y
    NoticeaAly, ?C;D 6eslie4s oCn 7nvestigator, (vo Nova54s statement that DD< ?atts2-ial
    attached to the very same /;$ <pplication in "#2.99 itself contradicts 6eslie4s accounts and
    reveals the e1tent to Chich 6eslie engages in violations of +;C 3)", 3)3, "), and, possiAly, 3)4,
    N+* "7&)4%., and +;C ")"4) Nova5 Crote:
    - 340-
    1
    2
    Q6eslie, Bim 0rom: *ent: /o: *uAEect: Nova5, (va ?ednesday, DecemAer "#,
    #%"# 4:." ;9 leslie, Bim Coughlin office visit "#r"#r"# "":.&:"" am, "#2#"2
    #%"# #3!3# GnoCing 9r Coughlin4s volatile past Aehavior 7 Cas as5ed to
    accompany Bim leslie to the loAAy to assist Coughlin, 8e Cas seated in a chair
    !riting a note, Bim leslie as5ed Coughlin Chat he needed, Coughlin
    mentioned he needed some disco)ery from a case ) Bim 6eslie advised him
    ma5e any communications Ay Cay of email, he Could handle that Cay,
    Coughin as"ed if I !as present as !itness, Bim Lesie confirmed that, Bim
    stated that he Cas going to as5 to Ae relieved from the current Coughlin case,
    Coughlin4s demeanor Aecame Aelligerent) 9im Lesie as"ed Coughin to ea)e
    the office, Coughin refused caiming he !as !riting a note, 9im Lesie
    as"ed !hat the note !as, Coughin said N it's none of your goddamn
    #usiness and !a"ed past 9im and eft the note at the reception des",
    Coughin !as ad)ised se)era times #y 9im Lesie to ea)e the office, 9im
    Lesie ad)ised him that the poice !ere going to #e caed, At that point the
    ee)ator arri)ed, Prior to the ee)ator door cosing he continued his rant
    toCard Bim 6eslie until the door closed, (vo Nova5Y
    6eslie4s /;$ <pplication in "#2.99 seems to clearly Ae in retaliation for
    Coughlin filing a grievance (*(( +7C8<+D @) 8766, (*J), "!"4!"#
    @+7(-<NC( /$ /8( *BN <@<7N*/ C$:@867N <ND +9C B:D@(
    N<*8 8$69(* 3!"4!"# @+7(-<NC( /$ /8( *BN <@<7N*/
    C$:@867N, ?87C8 <//<C8(D < 3 >(<+ $6D *<NC/7$N $+D(+
    /8</ B(C<9( < @+7(-<NC( B> 8$69(4* 0(66$? +9C B:D@( ?)
    @<+DN(+ /8</ 8( +(C7(-(D 0+$9 87* *7*/(+, #BDC 0<976>
    C$:+/ B:D@( 6) @<+DN(+ ?8(+(7N *8( *<NC/7$N(D
    C$:@867N +(*:6/7N@ 7N 87* 07+7N@ 0+$9 ?6* 7N #%%9, <ND
    .3&33 <ND .4&44 <ND %3%3 <ND %3"7)))' against 6eslie Cith the *BN,
    including the folloCing:
    Qformal Critten grievance against *5au, >oung, 6eslie, Dogan, etc) 0?: 9""
    calls missing from Chat Cas produced Ay City <ttorney *5auF "#!%4!"#
    /o: ))) Iyoung`da)Cashoecounty)us, complaints`nvAar)org,
    patric55`nvAar)org, davidc`nvAar)org, )))Adogan`Cashoecounty)us,
    Eleslie`Cashoecounty)us
    0rom: Zach Coughlin (Iachcoughlin`hotmail)com'
    *ent: /ue "#!%4!"# #:%7 ;9
    - 341-
    1
    2
    $utloo5 <ctive -ieC "# attachments (total ")" 9B' C+""2#%42#7%94
    ($pposition to 9otion to Dismiss C+""2#%42#7%94)pdf')pdfDoCnload "" 7
    "# suApoenas %334" gricela alvareI and hassett proof of service or
    Caivers)pdfDoCnload C+""2#%4 9$/7$N 0$+ (U/(N*7$N $0 /79(
    (9tn for (1tension of /ime')pdfDoCnload C+""2#%42#..4%" (9tn to
    Dismiss )))')pdfDoCnload C+""2#%42#7%94 ((1hiAit #')pdfDoCnload
    DoCnload all as Iip
    Dear $ffice of Bar Counsel, /his is a formal grievance against City <ttorney
    *5au, ;uAlic Defender 9im Lesie and Biray Dogan, and DD< Zach >oung)
    < portion of a recent email from City <ttorney *5au reads: D0Cd: 0?: Case
    No) +C+#%""2%334"F 0rom: Creighton C) *5au (s5auc`reno)gov'
    *ent: 0ri ""!%9!"# "":4. <9 /o: Iachcoughlin`hotmail)com Cc:
    Beannie 8omer (8omerB`reno)gov' " attachment photoL"M)B;@ ("&")#
    GB' Dear 9r) Coughlin, Pease #e ad)ised that 9udge SferaRa authoriRed
    ser)ice upon you #y emai in an Order, (ccordingy, authoriRed ser)ice
    has aready #een effected,,, *et forth AeloC is the language of Budge *feraIa4s
    $rder and the language of the City4s 9otion) )))
    But, a listen to around the 9:#. am mar5 on the audio transcript form the +BC
    Bavs recording of the ""!&!"# hearing in rcr#%""2%334" reveals 9r) *5au
    fraudulently procurred Couglin4s attendance at the ""!"3!"# 8earing (and
    considering ""!"#!"# Cas a holiday, *5au Could have Aeen prevented from
    effecting contstructive service prior to the ""!"3!"# hearing date set)))/his
    preEudiced not only Coughlin4s formal disciplinary hearing Aut also the petty
    larceny trial of ""!"9 and ""!#% and is a straight scum Aag move Ay Creig *5au)
    Budge *ferraIIa granted Coughlin a Caiver of Citness fees for suApoenas and
    suApoena duces tecums at the 4& minute mar5 of the second Cmv file from the
    B<-* audio transCcript of the "%!##!"# 8earing in +C+#%"#2%334")
    +egardless, City <ttorney *5au not only doesn4t 5noC Cho Beremy Bosler, (s3)
    is, Aut he cites to a BC+C; 4. to challenge a suApoena in a criminal
    misdemeanor case and he fails to inform the court of the Caiver of service
    signed Ay an individual Cho indicated she had authority to do so, @ricela
    <lvareI (Chom, somehoC, Budge *ferraIIa Cas apparently aCare of and had
    opinions on))))curiously') *pea5ing of scum Aag moves, there's is 9im Lesie
    6umping in at the 1D4B am mar" on the //2342/3 6a)s recording
    //34/3coughin/ for rcr34//%4B005/ $reay, e)erything 9im Lesie did in
    this case or any other in NrepresentingN Coughin is ha of fame seaRy& NI
    can 6ump in as stand #y counse if you fees he is dragging his feet, your
    honor,,,Ce's !asting county assets,N,,,-eay, 9im, this is a grie)ance
    against you for see"ing to coerce a !ai)er of Coughin's fifth amendment
    rights incident to your refusa to utiiRe any of the e'cupatory media
    Coughin pro)ided you at either the Supression Cearing or the Tria,,and a
    grei)ance against <<( Young for similarly coercing a Caiver of Coughlin4s
    - 342-
    1
    2
    0ifth <mendment rights (you really need to listent to the last file for ""!"9 and
    the first for ""!#% to get an idea of the hysterics DD< >oung engages in,
    getting Coughlin ta5en into custody, Cherein the +BC Bailiffs as5ed if they
    could 5eep Coughlin4s laptops over night)))Aut there is some really Aad audio on
    there ))) DD< Young getting competey coerci)e !ith respect to a !ai)er of
    Coughin's 8ifth (mendment rights and Nyou can't put on anything ese or
    any e)idence, YO+ NEE< TO TESTI8Y\N and Young Nyou Conor, it !as
    my understanding that you et mr, Coughin out of custody on the
    condition that he testify\ If he !on't do it T(IE CIM *(CI INTO
    C+STO<Y\N add to the grie)ance against young the frauduent testimony
    and argument he put on !here he "no!s or shoud ha)e "no! that the rpd
    durade did not receive any reports from dispatch of Na possi#e fightD
    Chere Duralde had left his vehicle and the te1t screen therein prior to the
    "":#7:"" pm te1t from dispatch, and therefore, such allegations of a report from
    dispatch of Da possiAle fightD did not Aare on Duralde4s proAaAle
    cause!reasonaAle suspicion analysis) further young put on perured testimony Ay
    Zarate aAout hoC Zarate Dpersonally eye Citnessed Coughlin receiving the
    phoneD Chen >oung Cas provide a video Cherein Zarate admits he only
    inferred that) $h, and Coughlin hereAy sCears he never received any such
    ""!7!"# motion, fa1ed or otherCise from Dogan or his assitant /iAAals or
    anyone Cith the ?C;D) <nd then there is Bim 6eslie failing to ma5e a hearsay
    oAEection Chen DD< >oung as5s $fficer Duralde Chat some unnamed
    Aystanders told him upon arriving)))yet, every Ait of video evidence and or
    testimony that Coughlin sought to have 6eslie introduce regarding Nicole
    ?atson admitting to hearing Dthe man Cith the si1 pac5D threaten to throC the
    i;hone Din the river if someone doesn4t claim it right noCD Cas continually
    e1cluded as DhearsayD)))BetCeen the folloCing tCo timestamped recordings
    finally provided Ay City <ttorney *5au (?C;D Bim 6eslie is too Ausy
    Chistling during trail at Coughlin4s pointing out hoC he cautioned the youths
    prior to the arrival of the peace to stay peaceful in Coughlin4s references the
    then recent murder of *tephen @ale Eust Aloc5s aCay appro'imatey t!o
    months prior to the ?2342// arrest, incident to the theft of a purse, and
    Leise prefers to spend his time chiming in, unprompted, on the regard,
    arroganty enough, that he can assist the court if it fees Coughin is
    Ndraggin' his feetN incident to the inappropriat placement Ay Budge *ferraIIa
    of 6eslie as DstanAy counselD Chich really amounted to no more than yet
    another coercive practice)))7n +C+#%""2%334", Coughlin4s then ?C;D Boe
    @oodnight, (s3 (Cho Cas removed from representing Coughlin Ay Bim Lesie
    and 9eremy *oser the @ashoe County pu#ic defender appying good
    nicey peers deciding that the night !as doing too much to assist Coughin
    in defending himsef and or other!ise Reaousy ad)ocating on ca Pat
    good night in Coughin had a tria prep strategy session !hie Coughin
    !as in custody on 9uy 8riday, Buly "3 at appro1imately 43% man and you
    good night reiterating the e1tent to Chich he Could Ae appearing on Coughlin4s
    to have to try the case at trial on Buly ", #%"# 9onday morning at 9 <9 and it
    Cas only upon Coughlin arriving and Aeing Arought to the court in custody
    - 343-
    1
    2
    seeded Beremy Bosler Cas suddenly filling in for @oodnight Cith and
    indication @oodnight's <ecem#er /1, 34// fie stamp disco)ery re>uests
    ser)ed upon the stay and district attorney Mach young reads at page /
    thereinD N-EH+EST 8O- <ISCO;E-Y COMES NO@, the <efendant,
    M(CC(-Y *(-IE- CO+.CLIN, #y and through his attorney of
    record, 9oseph @, .oodnight, <eputy Pu#ic <efender, and here#y
    re>uests the foo!ing disco)ery pursuant to N-S /E5,307 to N-S /E5,317,
    incusi)e, /, Inspect and receive copies or photograph any Critten or recorded
    statements or confessions made Ay the Defendant or any Citness, or copies
    thereof, Cithin the possession, custody or control of the *tate, the e1istence of
    Chich is 5noCn or Ay the e1ercise of due diligence may Aecome 5noCn to the
    prosecutor) N+* "74)#3.("'(a') /his re3uest includes any video and audio
    recordings, including those preserved on poc5et recording devices, 92"2"
    emergency calls, and any dispatch logs, Critten or recorded, generated in
    connection Cith this case)D 7t is telling the e1tent to Chich on the record at that
    Buly " trial date ?ashoe County puAlic defender Beremy Bosler indicated that
    Bim 6eslie Could immediately Ae rounding you a replacement role pretty
    suddenly disappearing @oodnight) <nd that 6eslie Could Ae prepared to try the
    case Ay 0riday and that the court could step matter for trial on 0riday it is
    Citness) ;erhaps Chat 9r) Bosler meant Cas that Bim 6eslie Could, Ay that
    0riday, have completed all the trial prep Bim 6eslie Could Ae doing on this case
    Ay 0riday, and that that Could Ae the case Chether or not that evinced any sort
    of concern for his client, aAility to Iealously advocate on his client Aehalf or
    Cillingness to do so, or indication that Bim 6eslie felt that the Eudges of the
    +eno Bustice Court Could hold him to a standard of care at all tending to
    indicate that 9r) 6eslie has any s5in in this game Chatsoever) Clearly there is a
    Aases for mistrial here Cere Bim 6eslie4s entire contriAution to the
    representation of 9r) Coughlin is dripping in every Cay Cith misconduct and
    malpractice and apparently Cilling disregard for the rules of professional
    conduct an intentional manifestation of 6eslie4s desire to secure a conviction
    the ?ashoe County District <ttorney4s $ffice and therein secure added Aoys
    from local laC enforcement District <ttorney4s $ffice and perhaps the +eno
    Eustice court itself) 0urther +eno 9unicipal Court Eudge Nash 8olmes4s
    admonition as to communications Cith the ?ashoe County puAlic defenders
    office in connection Cith 0eAruary #7, #%"# clandestine status conference
    AetCeen Biray Dogan and Zach >oung Chich neither Dogan nor >oung has
    ever refuted Chether they they have Aeen sCorn prior thereto or not an
    especially Chere Dogan4s coCor5er doCn the hall civil division deputy Dist)
    <tty) 9ary has Aeen involved throughout the confiscation Cithout a search
    Carrant or court order of any 5ind (or at least one ever served on Coughlin in
    any manner' of Coughlin smart phone and micro *D card incident Budy
    impermissiAle summary contempt finding Ay Eudge Nash 8olmes Eust tCo
    hours after the clandestine status conference AetCeen Dogan young on
    0eAruary #7, #%"# in +9C case "" /+ #&%% for Chich Dogan and >oung
    stipulated to a continu)))n compliance Cith Budge *ferraIIa $rder of 9!.!"#
    0?: Zach Coughlin has shared a folder Cith youF 0rom: Zach Coughlin
    - 344-
    1
    2
    (Iachcoughlin`hotmail)com' *ent: /ue ""!#7!"# &:# <9 /o:
    psferraIIa`Cashoecounty)us (psferraIIa`Cashoecounty)us'=
    Iyoung`da)Cashoecounty)us (Iyoung`da)Cashoecounty)us' re:rcr#%""2
    %334" Dear Budge *ferraIIa and DD< >oung, 7 am sending this in
    compliance Cith Budge *ferraIIa4s indication that 7 should send him materials
    after the trial the Aare on the ineffective assistance of counsel claim and or the
    coerced Caiver of my 0ifth <mendment rights, especially incident to the
    representation Ay ?C;D Bim 6eslie) ;lease note the email of ""!.!#%"# from
    Court <dministrator 9r) /uttle and the inadvertent fa1ing of numerous filings
    to the Crong fa1 numAer Ay myself) https:!!s5ydrive)live)com!redirF
    residl43%&43&03#0.0#&_."4"Nauth5eyl_<;iA?i-U/9*?5C% )(N$/(,
    /8</ (9<76(D @+7(-<NC( /$ /8( *BN C$N/7N:(* $N 0$+
    J:7/( *$9( /79(, <ND /87* 7* < /+:NC</(D, (UC(+;/(D
    -(+*7$N 8(+()))')
    Q9"" CaseF 6eslie, Bim (Bleslie`Cashoecounty)us'<dd to contacts"#!%7!"# /o:
    4Iachcoughlin`hotmail)com4 Cc: Dogan, Biray $utloo5 <ctive -ieC "
    attachment (#)# 9B' Coughlin Discovery 9"" Case)pdfDoCnload DoCnload as
    Iip 9r) Coughlin: <ttached are the discovery materials in the aAove2referenced
    case that you had re3uested and Ce had made an additional copy of for you in
    response to your re3uest) ;lease note that the Buly #7, #%"#, cover letter Cas
    for your pic5 up and you never pic5ed it up) Note also that the Buly #7, #%"#,
    pac5et encloses a copy of the <pril "7, #%"#, hand delivery transmittal of the
    very same documents Chich you received) *ince Ce have Aeen removed from
    the 9"" case, Ce are closing our file) /he attached materials Cere sitting at our
    front des5) *ince you failed to retrieve them, Ce provide the attached courtesy
    copy Aefore final closure of our file) No response to this transmittal is re3uired
    from you) Bames B) 6eslie, (s3)Y
    Q0rom: Bleslie`Cashoecounty)us /o: Iachcoughlin`hotmail)com *uAEect:
    Coughlin Date: /hu, "3 Dec #%"# %%:##:%" f%%%% 9r) Coughlin: Based on
    your Aehavior at our offices on several past occasions, including today Chere
    Ce had to call the police due to you engaging in Aehavior constituting
    disturAing the peace, you are hereAy directed N$/ to come to our offices
    Cithout first having confirmed in Criting an appointment Cith your assigned
    attorney) 7f you violate this email notification, Ce Cill contact laC
    enforcement)
    Bames B) 6eslie, (s3) Chief Deputy ;uAlic DefenderY
    Q/he /hree (4s= Ccpd failure to provide essential 9"" call cd discovery of &!"3
    and &!"7, #%"# to Coughlin in rcr#%"#2%.3%F
    - 345-
    1
    2
    Zach Coughlin (Iachcoughlin`hotmail)com'"#!"3!"# /o:
    Eleslie`Cashoecounty)us)))#& attachments (total #%)% 9B' DoCnload all as
    IipY /CIS -EP-ESENTS ( ;E-Y T-+NC(TE< ;E-SION O8 TCE
    /32/02/3 EM(IL LESLIE (TT(CCE< TO CIS TPO (PPLIC(TION,
    @CICC LESLIE MISLE(<IN.LY (N< INCO--ECTLY IN<IC(TES
    @(S SENT (N< -ECEI;E< ON /32/32/3, INSTE(< O8 /32/02/3,
    QCoughlinF 6eslie, Bim (Bleslie`Cashoecounty)us'<dd to contacts /32/32/3
    /o: 4Iachcoughlin`hotmail)com4 0rom: 6eslie, Bim
    (Bleslie`Cashoecounty)us' /his sender is in your safe list) *ent: ?ed
    "#!"#!"# 4:## ;9 /o: 4Iachcoughlin`hotmail)com4
    (Iachcoughlin`hotmail)com' 9r) Coughlin: Based on your Aehavior at our
    offices on several past occasions, including today Chere Ce had to call the
    police due to you engaging in Aehavior constituting disturAing the peace, you
    are hereAy directed N$/ to come to our offices Cithout first having confirmed
    in Criting an appointment Cith your assigned attorney) 7f you violate this email
    notification, Ce Cill contact laC enforcement) Bames B) 6eslie, (s3) Chief
    Deputy ;uAlic DefenderY
    Bim 6eslie is a scrappy dude +(: CoughlinF 0rom: Zach Coughlin
    (Iachcoughlin`hotmail)com' *ent: 0ri "#!"4!"# ":#4 <9 /o: 6eslie, Bim
    (Eleslie`Cashoecounty)us'= EAosler`Cashoecounty)us
    (EAosler`Cashoecounty)us'= fflaherty`dlpfd)com (fflaherty`dlpfd)com'=
    fflaherty`dyerlaCrence)com (fflaherty`dyerlaCrence)com'=
    davidc`nvAar)org (davidc`nvAar)org'= mpic5es3`msn)com
    (mpic5es3`msn)com' Dear Bim 6eslie, (s3), Bim, 7 need to get my discovery
    for the resumption of the trial in rEc rcr#%"#2%.3%)))Despite your cries of
    DCasting county assetsD at 9:%.am on ""!#%!"# Chen, in your standAy counsel
    role, you attempted to assist DD< >oung and Budge *ferraIIa in further
    coercing from me my 0ifth <mendment rights)))you seem intent on Casting
    county assets, as your failure to turn over the discovery (the cd recordings of
    9"" calls DD< >oung alleges he produced to my ?C;D on &!"3!"# and
    &!"7!"# has not materially preEudiced my defense in rcr#%"#2%.3%, in much
    the same Cay your failure to timely transmit my file in rcr#%""2%334" did,
    including your failure to produce the results and response and production in
    connection Cith the suApoena of "%!3!"#, and given you Cere note removed as
    counsel of record until at the earliest "%!##!"#)))Gelley Dodma, (C$99, and
    you have some 4splainin4 to do) NoC you allege that you filed a false police
    report) Bim, please 5eep a copy of any communications you have made to the
    +;D, and of course the call you reference Cill Ae suApoenaed, and if there
    e1ists any recordings (video!audio, Chatever' of the DincidentsD you descriAe
    - 346-
    1
    2
    (not sure dropping of a Critten re3uest for one4s file!discovery to your
    receptionist given the fact that time is of the essence here is DdistruAing the
    peaceD, Aut, to each his one, 7 guess)))hoCever, its curious you never seem to
    place any restrictions on your continuing to cash your sCeet paychec5s Cee5
    after Cee5, Bim)))noC you seem to Ae see5ing some sort of protection against
    Aeing served Critten notices or having them delivered, or ma5ing my aAility to
    do some contingent upon your scheduling a meeting (any such meeting Could
    li5ely terminate after five minutes, as they have in the past, Cith you pulling
    your Diana +oss2diva act))))DD< >oung got a good 5noCing laugh out of that
    one on "#!""!"#)))))') Bim, please do me a favor and reply to this email, copying
    the *BN and ;resident of the *tate Bar and descriAe Eust e1actly Chat occurred
    during these recent Dpast several occasionsD)))and put it in an affidavit)))also,
    Cill you finally put in an affidavit your contentions that you D5noCD your
    office sent me notice in Criting of the &!!"# comAo2hearing date in %.3%
    and %79&% (please also put in Criting your refusal to send out suApoenas (easy
    under nrs "74)34.' to (C$99 for any calls to 9"" or dispatch related to me in
    any Cay since &!#%!"#' and any dispatch to laC enforcements recordings, and
    recordings made Ay laC enforcement or suAmitted to laC enforcement Ay
    private parties, since that date as Cell) ;lease further indicate in Criting Chy
    you are refusing to send the ?C*$ a suApoena duces tecum for any materials
    related to me in any Cay from their civil division (that served process of the
    items detailed in the variosu affidavits of services Ay 9achen et al that have
    Aecome of issue in "" tr #&%%, %79&%, etc), etc), suApoena NorthCinds 6ou
    Cadia and Duane Ba5oA)))'))))*ee, Bim, you are still getting paid, you need to do
    some Cor5 here, guy))) *o cute hoC Biray Dogan, in the &!#"!"# 8earing in
    %.3% mentioned hoC he Dleft a voice mailD for 6inda @ray, Aut Eust couldn4t,
    gosh darn it, get an ansCer from her aAout Chether she did send out Critten
    notice of the &!!"# comAo hearing)))(you 5noC, the one you testified aAout
    during our closed 9ardsen2lite conflict hearing in %334")))Chere you alleged
    you D5neCD for sure that notice Cas sent, Aut then refused to provide any
    specifics as to hoC you 45neCD or Chat you did to ma5e sure of that)))D @ray
    admitted to Coughlin on the phone that she did not mail out any Critten notice
    of the &!!"# hearing to Coughlin Aecause your office had mar5ed his D;$
    B$U 39"D address as Dno longer goodD at that time (and the audio of the
    7!"!"# aAorted /rial date clearlye estaAlishes Coughlin Cas not provided the
    &!!"# date at that time, Aecause the temporary replacement for the suddenly
    disappeared ?C;D @oodnight, and DD< >oung Cere directed to meet in the
    hall!counter after the conclusion of the proceeding on 7!"!"# and pic5 a date
    and time, Ay Chich time Coughlin Cas ta5en Aac5 into custody (Chere he Cas
    serving "& days in Eail due to the fraudulent Aail increase in rmc "# cr"#4%
    (another Aogus DdisturAing the peace chargeD Ay the +;D)))that even the City of
    +eno prosecutors had to drop (and Ce all 5noC hoC adverse they are to
    dropping any charges, ever') Bim, Chy don4t you Eust go Cash the +;D4s cars or
    something if you Cant to suc5 up to them so AadF ;lease then e1plain to those
    listed aAove Chy your cross e1amination of Cory @oAle on &!#9!"# in %334"
    seemed to consist solely of an attempt on your part to defeat the N+* "7")"3
    - 347-
    1
    2
    proAlem the *tate faced, including the e1clusionary rule application, Chere the
    testimony as to the value of the phone Ay the DvictimD @oAle Cas DaAout H&%D
    valuation)))Cell under the H#.% needed at the time to support a Doooh, thats a
    felonyD grand larceny charge (to 3uote $fficer Duralde', and therein vitiate the
    legitimacy of any such arrest or search incident thereto (unless a citiIen4s arrest
    could Ae estaAlished))))Chich is Chat you spent your entire cross of @oAle
    trying to estaAlish, for the *tate4s Aenefit)))Aecause you are a sleaIy, spiteful,
    laIy, mean spirited, petty, hateful individual Chom the D< Cants on the case
    anytime it really, really needs a Cin) Bust Aecause you have ascended to Chief
    Deputy status doesn4t mean you are any good at Chat you do, Bim, nor does it,
    in my opinion, provide some sheen of integrity to your act') N+* "7")"3
    ?hen arrest may Ae made) ") 7f the offense charged is a felony or gross
    misdemeanor, the arrest may Ae made on any day, and at any time of day or
    night) #) 7f it is a misdemeanor, the arrest cannot Ae made AetCeen the hours
    of 7 p)m) and 7 a)m), e1cept: (a' :pon the direction of a magistrate, endorsed
    upon the Carrant= (A' ?hen the offense is committed in the presence of the
    arresting officer= (c' ?hen the person is found and the arrest is made in a
    puAlic place or a place that is open to the puAlic and: ("' /here is a Carrant of
    arrest against the person= and (#' /he misdemeanor is discovered Aecause
    there Cas proAaAle cause for the arresting officer to stop, detain or arrest the
    person for another alleged violation or offense= (d' ?hen the offense is
    committed in the presence of a private person and the person ma5es an arrest
    immediately after the offense is committed= (e' ?hen the offense charged is
    Aattery that constitutes domestic violence pursuant to N+* 33)%"& and the
    arrest is made in the manner provided in N+* "7")"37= (f' ?hen the offense
    charged is a violation of a temporary or e1tended order for protection against
    domestic violence issued pursuant to N+* 33)%"7 to 33)"%%, inclusive= (g'
    ?hen the person is already in custody as a result of another laCful arrest= or
    (h' ?hen the person voluntarily surrenders himself or herself in response to an
    outstanding Carrant of arrest)
    *incerely, Zach Coughlin "47" () 9th *t) +eno, N- &9."# /el and 0a1: 949
    7 74%# ZachCoughlin`hotmail)comY
    Q+(: Bim 6eslie is a scrappy dude +(: CoughlinF 6eslie, Bim
    (Bleslie`Cashoecounty)us'<dd to contacts "#!"4!"# /o: Zach Coughlin 0rom:
    6eslie, Bim (Bleslie`Cashoecounty)us' /his sender is in your safe list)
    *ent: 0ri "#!"4!"# 9:4. <9 /o: Zach Coughlin
    (Iachcoughlin`hotmail)com' 9r) Coughlin: < hearing has Aeen set for
    /uesday DecemAer "&, #%"3, at &:3% am in +eno Bustice Court, at Chich Ce
    Cill as5 to Ae relieved as counsel in the remaining case you have Cith this
    office, +C+"#2%79&%, Aased on, among other things, ("' your prior e1pressed
    desire to represent yourself and (#' your email to myself and several other
    recipients, including state Aar attorneys, Chich contains an e1press or implied
    threat of violence) 7f you fail to appear at the hearing, the relief Cill Ae
    - 348-
    1
    2
    re3uested in your aAsence upon the grounds stated aAove) 7f you choose to
    agree to self2representation Cithout argument, the second aAove2noted reason
    may or may not rise to the point of discussion, although 7 Could note that the
    email you sent Cith the e1press or implied threat Cas disseminated Ay you to
    several recipients including representatives of the Nevada *tate Bar, thereAy
    Areaching confidentiality Ay your oCn action) ;ending the hearing, there is no
    reason for us to meet in person or communicate Ay any means) <ny
    communications from you pending the hearing Cill Ae deemed to Ae made in
    Caiver of attorney2client privilege and are suAEect to forCarding to the Nevada
    *tate Bar and!or laC enforcement as appropriate pursuant to Nevada +ule of
    ;rofessional Conduct ")(c') Bames B) 6eslie, (s3) Chief Deputy ;uAlic
    DefenderY
    6eslie4s +;C vioaltions e1tend to continuing to maintain the ?C;D
    sent Coughlin Critten notice of the &!!"# comAination hearing in the +BC in
    "#2%79&% and "#2%.3% Chen his legal assistant, 6inda @ray, admitted to
    Coughlin on &!&!"# that she failed to mail out the Critten notice to Coughlin in
    light of her Aelief that Coughlin4s then Q;$ Bo1 39", +eno, N- &9.%.Y
    mailing address Cas Qno longer goodY (Chere @ray Cas presumaAly unaCare
    that Coughlin Aailed out of Eail on 7!#"!"#, upon the ridiculous $rder folloCing
    the unnoticed 7!.!"# Aail increase hearing incident to the fraudulent testimony
    Ay +;D $fficers ?eaver and or Dye, and the QadvocacyY Ay +9C court
    appointed counsel Geith 6oomis (Chich Cas anything Aut' resulting in +9C
    Budge ?) @ardner raising Coughlin4s then AondaAle H",4". Aail to a cash only
    H3,%%% (Aased upon three charges that Cere completely phoney, drummed up,
    and spurious to Aegin Cith, so much so that the +C< dropped the charge
    underlying the custodial arrest (disturAing the peace', dismissed the Qfailure to
    provide proof of insuranceY charge (Coughlin provided such on the scene Eust
    prior to arrest, Aut the fraud of $fficer ?eaver ignored that', leaving only a
    Qfailure to secure a loadY on one4s Qtruc5Y charge, the <mended Complaint of
    "%!""!"# Coughlin did not receive, Aut for Chich he suAse3uently learned
    contained in incorrect case numAer therein) 0urther, +C< *ooudi actually Cent
    against the +;D4s oCn decision ma5ing in, on &!"!"#, filing an <mended
    Complaint charging Coughlin Cith trespassing (Chich Cas, of course,
    suAse3uently dropped in light of the fact that, one, Coughlin did not cave to
    *ooudi4s attempt to gain leverage Ay impermissiAly overcharging, and tCo, the
    fact that Coughlin, at the time of arrest, still had at least one, if not three, valid
    leases at the address to Chich such trespassing charge Cas directed, providing a
    claim of right defense to any criminal trespass charge, especially Chere no
    protection order Cas in effect at such time 7nstead, the +C< and +;D
    conspired Cith Bellevue, ?ashington4s NorthCinds <partments <ssociates,
    66C to violat *oldal v) Coo5 Co, and deprive Coughlin of his 4# :*C *ec)
    "9&3 rights and his rights under the three different lease agreements he had
    Cith NorthCinds (to Chich the +BC suAs3uently, sua sponte, essentially filed
    and granted 9otions to Consolidate such three (or more' different case on
    - 349-
    1
    2
    Aehalf of the unauthoriIed practitioner of laC (Nevada Court *ervices C($,
    Beff Chandler' representing NorthCinds in +BC +ev#%"#2%%"%4& (Chich
    resulted in Coughlin4s custodial arrest on !&!"# in +C+#%"#2%79&%, and
    Aeing charged Cith a *C+ """(' Qserious crimeY under N+* "99)#&% Chere
    DD< >oung continues to violate +;C 3)& in maintaining such charge Chere he
    has Aeen provided proof that the ?C*$4s Deputies there refused to identify
    themselves prior to NorthCind4s <partments maintenance man 9ilan GreAs
    (Chom Cas apparently so afraid of Coughlin that he filed a /;$ on 7!.!"#
    (Chether he received a raise for doing so has yet to Ae determined' in +BC
    +C;#%"#2%%%#&7', yet not so afraid as the fail to present to the ?C*$
    Deputies on !#&!"# offering to utiliIe a *aC2I2<ll to cut open the metal
    overhead door to Coughlin4s :nit #9 at "&% *5y 9ountain Dr), NorthCind4s
    <partments (later that day, folloCing the arrest, Nevada Court *ervices4 Beff
    Chandler posted on that :nit #9 an Q<mended . Day Notice of :nlaCful
    DetainerY correcting the Eurisdictional Aar error Coughlin pointed out under
    N+* 4%)#.3(' Chere the initial . day :nlaCful Detainer Notice listed the
    Crong court to file a /enant4s <nsCer in (it listed *par5s Bustice Court, Chere
    Coughlin did timely suAmit for filing such a /enant4s <nsCer' Chere the
    !"4!"# Declaration of ;ersonal *ervice Ay NC*4s +yan ?ray (one cannot
    personally served a closed, loc5ed door Chere entreaties made Ay a process
    service are not met Cith so much as a single human voice responding)))(see
    N+C; 4, applicaAle via N+* 4%)4%%' :
    <dditionaly Aasis for Dis3ualification Aased upon the mere <;;(<+<NC( $0
    79;+$;(+7/> $+ B7<* $+ ;$**7B767/7> /8(+($0 (/8</ 7* /$ *<>, C$:@867N 7*
    N$/ N(C(**<+76> <CC:*7N@ <N> $0 /8( 07N( B:D@(* $0 /8( +BC $0 D$7N@
    <N>/87N@ ?+$N@, <ND 7N 0<C/, C$:@867N 7* 0$ND $0 <ND 8<* @+(</
    +(*;(C/ 0$+ (<C8 $0 /8$*( B:D@(*, <ND ?7*8(* 8( C$:6D 8<-( 8<D 9$+(
    7N/(+<C/7$N ?7/8 B:D@( *C8+$(D(+ <ND B:D@( 6>NC8) 8+LL <ISCLOS+-E,
    CO+.CLIN @(S ( 1TC .-(<E *(SIET*(LL CO(CC 8O- -ENO CI.C SCCOOL
    IN 344E%4?, CO(CCIN. NO@ -9C 9+STIC O8 TCE PE(CE C(SCCE88'S ;E-Y
    T(LENTE< (N< EN.(.IN. SON (NTCONY C(SCCE88, (<<ITION(LLY
    CO+.CLIN C(S S+E< CIS 8O-ME- EMPLOYE-, @(SCOE LE.(L SE-;ICES IN
    C;//%4/177, (N< C;//%4/?1B, (N< ITS *O(-< O8 <I-ECTO-S, @CICC (T TCEY
    TIME (PP(-ENTLY INCL+<E< NO@ -9C 9+<.E C(SCCE88, (N< @(SCOE
    LE.(L SE-;ICES IS NO@ P(-TNE-E< @ITC TCE @C<('S O88ICE (N< CO%
    <E8EN<(NTS IN ( C(SE IN;OL;IN. TCE P(-TNE-SCIP IN TCE EC-
    P-O.-(M, @CE-EIN @LS (PP(-ENTLY EMPLOYEES -MC <E8EN<E- LE@
    T(ITEL, @COM @(S *-IE8LY CO+.CLIN'S (TTO-NEY IN TCE C-IMIN(L
    T-ESP(SS C(SES STEMMIN. 8-OM CO+.CLIN'S (--EST (T CIS 8O-ME-
    COM@ L(@ O88ICE IN -9C //%/E4? e)ictION M(TTE-, ')
    /(+97N$6$@>
    Q<ppropriate authorityY means the authority having responsiAility for initiation of disciplinary
    process in connection Cith the violation to Ae reported) *ee +ules #)"4 and #)".)
    - 350-
    1
    2
    7 am not longer and efiler, Aut Cas AetCeen "!4!"# until deactivation in mid NovemAer of #%"#) <ll
    during that time the only pdf availaAle for the "!4!"# *upplemental in C-""2%3#& Cas the attached
    3 page version, Chich fails to include the actual documents or filings listed in the D<ppeal +eceiptD)
    *uch a failure to include those filed, especially one that is characteriIed as D(mergency 6etter to
    Court from Zach Coughlin, (s3D (Chich is not a DletterD Aut rather my suAmission for filing of a
    DNotice of <ppealD of the "#!#"!"" $rder +esolving 9otion to Contest ;ersonal ;roperty 6ien Ay
    +BC Budge *ferraIIa) /he failure to include such items in Chat Cas provided to Budge 0lanagan for
    revieC in the +$< Aecame very deleterious to my case in a numAer of Cays, including as mentioned
    in Budge 0lanagan4s 3!3%!"# $rder denying my appeal, and noC, arguaAly in the "#!"4!"# 0indings
    and Conclusions and +ecommendation to disAar me permanently from the practice of laC in Nevada
    incident to opposing counsel 8ill4s allegation that my pursuing a stay, on or around DecemAer ##nd
    #%"", under N+* 4%)3&. Cas ve1atious or otherCise violative of +;C 3)" (9eritorious Claims and
    Contentions' (Chich 7 Aelieve the attached transcript from -enetian v) /Co +oads disproves')
    7 am Criting to re3uest the #BDC email me or provide an electronic copy (or, a hard copy' of the
    entirety of Chat it received, at any point, from the +BC in connection Cith the "!4!"# *upplemental
    filing in C-""2%3#&)
    7 Aelieve it Could appropriate not to charge me for this given anything Aeyond the intial 3 page
    version of that "!4!"# filing Cas never availaAle during an "" month period Cherein 7 did have an
    e0le1 suAscription)
    < footnote on page . of Budge 0lanagan4s 3!3%!"# $rder in C-""2%3#& indicates: D))) In addition,
    #ecause Coughin faied to timey fie his notice of appea regarding the persona property ien,
    see N-S 54,370$?&, and #ecause Coughin's notice of appea fais to identify an error regarding
    the court's procedure in setting a hearing on this issue, this Court !i no consider this issue)D
    /he testimony at Coughlin4s formal disciplinary hearing on ""!"4!"# included the folloCing:
    8(<+7N@ ""!"4!"# at *BN in N@"#2%#%4,%434,%43.2 -ol) 7, (;ages .":"% to .4:"7':
    QJ 9r) 8ill, 7 appreciate your time today)
    /han5s for your patience)
    ?as 9r) Coughlin, in his dealings Cith you as
    an attorney, Cas he truthful or did he shoC candor in his
    dealings Cith you as a laCyerF
    9+) C$:@867N: 74m sorry, your 8onor) 7f 7
    can interEect) 7t4s Aeen Cell over ". minutes)
    9+) (C8(-(++7<: /hat4s true) Do you Cant to
    Crap it up, 9r) GingF
    9+) G7N@: >es)
    B> 9+) G7N@:
    J ?ith that said, did he shoC candor to youF
    < 7n our dealings Cith 9r) Coughlin, you could
    not trust him at all) No agreement ever made Cith
    9r) Coughlin Cas honored Ay him)
    0or e1ample, Chen Budge *ferraIIa ordered that
    9r) Coughlin could have tCo days 22 he Cas originally
    - 351-
    1
    2
    given a Cee5 to move his stuff out Aefore the eviction
    order Cas served) /hereafter there Cas a hearing) /he
    Eudge gave 9r) Coughlin tCo days to go in and remove his
    possessions)
    9r) Coughlin 22 Ce Cent over there, opened the
    doors aAout &:%% o4cloc5) 8e Casn4t there) <Aout "":%%
    o4cloc5 Ce get an e2mail from 9r) Coughlin saying 7 have
    appealed Budge *ferraIIa4s ruling) /hat means his ruling
    is stayed) /hat means 7 can go Aac5 into the house) 74m
    staying in the house, and there4s nothing you can do aAout
    it)
    9+) C$:@867N: $AEection, hearsay)
    9+) (C8(-(++7<: $verruled)
    /8( ?7/N(**: *ometime later that day Ce got
    an order from Budge *ferraIIa saying that the re3uest for
    a stay had Aeen denied) 9r) Coughlin had Aurned Aasically
    a Chole day doing nothing trying to get his stuff out)
    /hat Cas typical)
    8e repeatedly has signed certificates of
    mailing that he mailed thus and so to us) ?e have never,
    ever gotten anything Ay mail from 9r) Coughlin) 7n the
    Eustice4s court he Could serve things that he didn4t file)
    8e Could file things that he didn4t serve) ?e Could have
    to call the cler5 on an every other day Aasis to stay on
    top of Chat Cas going on)
    0inally, Chen Ce got in the district court, Ce
    Cere aAle to use the e2fle1 system, and Ce Cere aAle to
    5eep trac5 of Chat Cas going on)
    B> 9+) G7N@:
    J 6et me restate the 3uestion) /he 3uestion is:
    <s an attorney, having a responsiAility to Ae truthful and
    to have candor Cith opposing counsel, Cas 9r) Coughlin
    truthful, and did he use candor Cith youF
    < No)
    9+) (C8(-(++7<: 9r) Ging, Crap it up, please)
    >ou4re limited to ". minutes)
    B> 9+) G7N@:
    J *pecifically relating to 9r) Coughlin4s candor
    to the court, did he shoC candor to the courtsF
    < No)
    J 7n his demeanor 22
    9+) C$:@867N: $AEection) 6ac5 of foundation)
    9+) G7N@: 9y last 3uestion)
    9+) C$:@867N: ;retty damming statement to
    have no foundation)
    9+) (C8(-(++7<: ;lease don4t interrupt) ?e
    - 352-
    1
    2
    haven4t heard the 3uestion yet to Chich you4ve oAEected)
    9+) C$:@867N: /he last one, Chether 7 shoCed
    candor to the court, and he said no)
    9+) (C8(-(++7<: >ou oAEect to that oneF 7t4s
    overruled) @o ahead)
    B> 9+) G7N@:
    J ?ith regard to a person perhaps 22 to the
    e1tent that 9r) Coughlin may have e1hiAited these Aad
    Aehaviors, Cas he otherCise 5ind in his dealings Cith you
    and Dr) 9erlissF Could you e1plain, Eust Ariefly, to the
    panel his actual demeanor Cith regard to his dealings Cith
    you and your clientF
    < 8is e2mails, his filings Cere aAusive, to say
    the least) Calling my 22 he called my associate a lichen)
    74ll admit Ce all had to retreat to the dictionary on that
    one) Name calling) 8e4s accused me of AriAing the +eno
    ;olice Department to have him arrested) 9y staff is
    aAsolutely terroriIed Ay this man)
    9+) G7N@: /han5 you) 7 have no further
    3uestionsY
    ?ith respect to the N+* 4%)3&. 9otion for *tay issues, 7 Aelieve it may also Ae relevant the
    e1tent to Chich my attempted filings Cere refused Ay the #BDC from that time, especially given
    N+<; &) ;lease see attached emails and C-""2%3%.")
    Beyond the failure of the *BN to timely $ppose Coughlin4s 9!"7!"# 9otion to Dismiss, (the
    <lphaAetical 7nde1 notates the $BC4s $pposition thereto as filed on "%!#"!"#, despite the actual file
    stamp thereon indicating "%!#4!"#, Chich is even more curious given Ging4s signature therein is dated
    "%!#.!"#', a chronological inde1 or pleadings doc5ets Could reveal the overly 3uic5 rulings Ay Chair
    (cheverria and the completely laisseI faire approach ta5en Ay QChairman *usichY, Chom clearly
    does not ta5e his oAligation seriously at all (see his 7!#7!"# letter to Coughlin, the fact that this Chole
    proceeding must Ae vacated given the entirely preEudicial nature of the ;anel Chair ma5ing a void for
    lac5 of Eurisdiction ruling (such is only properly Aefore the NNDB Board Chair, not the ;anel Chair,
    under *C+ ""%, presumaAly so one person could consistently rule on such important matters and,
    hopefully, have some fund of 5noCledge or training to Aring to Aare thereon, rather than the slapdash
    co2signing of the $BC4s contradictory non2sense evince in the ;anel Chair4s rulings herein (""!7!"#
    $rder agrees Cith Bar Counsel in 3uashing Coughlin4s suApoenas on Eudges, Bar Counsel, and the
    *BN Cler5 of Court, and others, only to then alloC Ging to as5 3uestions of those Eudges aAout their
    mental processes (the e1act Aasis for Ging4s 9otion to Juash', and alloC 5ing to testify at the hearing
    (apparently *C+ "% immunity e1tends to characteriIing an QactionY in the Aroades sense
    imaginaAle)))Chich leads to the 3uestion of hoC defending one4s self at all in these proceedings is not
    such an QactionY, Chere the ""!7!"# ;anel Chair $rder considers suApoening Aar counsel an
    QactionY, sufficient to invo5e *C+ "% immunity)))Aut that really does not e1plain Chy the Cler5 of
    Court could not Ae suApoened, especially Chere she 5noCingly signed a Caiver of service thereof')
    <dditionally, a chronological pleadings doc5et Could demonstrate the lac5 of Qtime for a regular
    motion cycleY, attendant to the 9otions to Juash Arought Ay Ging on ""!#!"# (and given the $BC4s
    - 353-
    1
    2
    continual refusing to copy Couglin on such filings Ay fa1 and or email, comAined Cith the curious
    e1clusion of any :*;* certificate of certified mailing or trac5ing numAer sufficient to conduct a
    :*;* /rac5 N Confirm2the $BC omits those Chere it failed to place such a mailing in the outgoing
    mail Ao1 prior to the last pic5up of that day, typically on a 0riday, meaning that the ""!#!"# 9otions
    to Juash did not even get pic5ed up Ay the :*;* for mailing until 9onday, and Chere only delivered
    to Coughlin on NovemAer
    th
    , #%"#, the day prior to the ;anel Chair ruling to 3uash such suApoenas
    (despite not having Eurisdiction to do so under *C+ ""%(4') /o claim that any failure on Coughlin4s
    part, pursuant to 6au to preserve some oAEection thereto or arguments for appeal is untenaAle,
    especially Chere Coughlin Cas shortly to Ae suAEect to the sudden, inEection of N-B Budge Beesley
    and ?6*4s (lcano as QsurpriseY, non2impeachment Citnesses that Ging had 5noCn aAout for over si1
    months, and Chere nothing neC e1isted to Eustify such a late disclosure thereof Ay Ging, and Chere
    Ging offered no argument, even, to claim such a Eustification or e1cuse under *C+ "%.(#'(c'4s
    Q@itnesses or e)idence, other than for impeachment, !hich #ecame "no!n to #ar counse
    thereafter, and !hich #ar counse intends to use at the hearing, sha #e prompty discosed to
    the attorney) 0or good cause shoCn, the chair may alloC additional time, not to e1ceed 9% days, to
    conduct the hearing)Y Coughlin put together a filing (again Coughlin4s -erified +esponse from
    ""!9!"#, an && page filing Cith voluminous attached (1hiAits is completely missing from the +$<,
    indicating it Cas not provided to the ;anel, and the $BC!*BN has offered no Eustification for failing
    to so included such filing', shoCing Eust such good cause for Eust such Qadditional time to conduct the
    hearingY (its not Coughlin4s fault Ging leaves everything until the eleventh hour in a cheater4s attempt
    to Eam through his amAush scenarios'in his ""!"3!"# (mergency (1 ;art 9otion *hoCing @ood
    Cause for such (and the +$< is missing another one of Coughlin4s filing of ""!"3!"#, for no good
    reason')
    <dditionally, the *BN essentially admits a Aasis for declaring a mistrail in this matter Chere
    Ging stupidly not only moved for a /;$ and (;$ in +BC +ev#%"#2%%%7 Aased upon a damn email
    allegedly sent directed to &oughlin0s public defender0s patent misconduct, Aut then compound that
    error (Chich resulted in the +eno ;olice Department coming out to Coughlin4s home and, Cithout so
    much as announcing there presence, Cal5ing up on Coughlin Cith loaded guns draCn and pointing
    them at Coughlin4s head from four feet aCay, arresting Couglin on #!&!"# and charging him Cith a
    gross misdemeanor violation (Cherein an allegation of Coughlin having a courier deliver to the *BN
    a "!3!"3 tolling motion on the ninth or tenth Eudicial day from the "#!"4!"# 0$0C$6 allegedly Aeing
    constructively served upon Coughlin', as Cell as a felony (;$ violation (Cherein an allegation of
    Couglhin fa1 filing an amended or supplemental filing in connection Cith his alleged "!"3!"3 filing
    Cas made, despite the *BN having admitted Coughlin Cas permitted to fa1 file and having never
    revo5ed such, and Chere the *BN failed to post the Eurisdictional Aond re3uired for such a wor,place
    protection order from 0harassment0, and Chere a litigant Chose 0ourteenth <mendment property right
    necessarily has a right to communicate Cith opposing counsel Ay such means, including under the
    0irst <mendment) $Aviously, if the *BN4s Ging is so afraid of Coughlin, he ought dis3ualify or
    recuse himself from the appeal herein and let an actual professional continue in his stead) Certainly
    Couglin could folloC Ging4s approach and see5 to have Ging charged Cith se1ual assault from
    Cal5ing up to Couglhin Chile he Cas using a urinal during the ""!"4! formal hearing, and Cith Aoth
    men stationed at adEoining urinals, their penises in their hands Chere engaged in the act of urinating,
    Ging e1lcaimed to Couglin Qpretty good gruA, huh, ZachFY) ?hether Ging Cas referring to the
    urine, his or Coughlin4s penis, or the tepid sandCich and deli tray arrangement he arranged to Ae
    provided as a lunch to the +espondent, ;anel, and Qour good securityY is not entirely clear, though the
    inappropriate nature of any one such suAEects for such commentary, all things considered, is (in a
    - 354-
    1
    2
    godaCful display of grandstanding and poor 6udgment, Ging arranged to have one of the grievant4s
    (Budge 6inda @ardner4s in N@"#2%43.' oCn courtroom Aailiff QCor5Y the ""!"4!"# formal
    disciplinary hearing as QsecurityY) <nother suAse3uent contact AetCeen that Bailiff, ?C*$ Deputy
    Gir5ham and Couglin occurred on "!#4!"3 as detaile din the attached Critten correspondence of that
    date AetCeen Coughlin and D<* $fficer BroCn)
    *C+ "%.(#'(c'4s Eurisdictional re3uirements that the +espondent Ae provided Qat least 3%
    daysY prior to the hearing a Qsummary prepared Ay Aar counsel of the evidence against the attorney,
    and the names of the Citnesses Aar counsel intends to call for other than impeachment, together Cith
    a Arief statement of the facts to Chich each Cill testifyY:
    Q#)ZZCommencement of forma proceedings,ZZ0ormal disciplinary proceedings are commenced Ay
    Aar counsel filing a Critten complaint in the name of the state Aar) /he compaint sha #e
    sufficiently clear and specific to inform the attorney of the charges against him or her and the
    underlying conduct supporting the charges) < copy of the complaint shall Ae served on the attorney
    and it shall direct that a verified response or ansCer Ae served on Aar counsel Cithin #% days of
    service= the original shall Ae filed Cith Aar counselRs office) /he time to respond may Ae e1tended
    once Ay the chair for not more than #% days for good cause or upon stipulation of the parties) 7n the
    event the attorney fails to plead, the charges shall Ae deemed admitted= provided, hoCever, that an
    attorney Cho fails to respond Cithin the time provided may thereafter oAtain permission of the
    appropriate disciplinary Aoard chair to do so, if failure to file is attriAutaAle to mista5e, inadvertence,
    surprise, or e1cusaAle neglect)))
    (c'ZTime to conduct hearingL notice of hearingL disco)ery of e)idence against attorney)ZZ
    /he hearing pane sha conduct a hearing !ithin 57 days of assignment and give the attorney at
    least 3% daysR Critten notice of its time and place) /he notice shall Ae served in the same manner as
    the complaint, and shall inform the attorney that he or she is entitled to Ae represented Ay counsel, to
    cross2e1amine Citnesses, and to present evidence) /he notice shall Ae accompanied Ay a summary
    prepared Ay Aar counsel of the evidence against the attorney, and the names of the Citnesses Aar
    counsel intends to call for other than impeachment, together Cith a Arief statement of the facts to
    Chich each Cill testify, all of Chich may Ae inspected up to 3 days prior to the hearing) ? itnesses or
    e)idence, other than for impeachment, !hich #ecame "no!n to #ar counse thereafter, and
    !hich #ar counse intends to use at the hearing, sha #e prompty discosed to the attorney) 0or
    good cause shoCn, the chair may alloC additional time, not to e1ceed 9% days, to conduct the
    hearing)Y
    <lso, 7 am re3uesting an electronic copy of the entire file in D-%&2%""& given 7 Aelieve 7 Cas
    Crongfully Cithheld access thereto during times of e1igent circumstances in #%%9 (please see
    attached emails and note the .!#%!%9 filing Ay myself could not have Aeen consider in Budge
    @ardner4s .!#"!%9 $rder given such .!#%!%9 filing Cas not entered until at least .!#4!%9, despite Chat
    the file stamping thereon may indicated)
    ;lease note ?6* then Board ;resident Brec5enridge re3uesting and pic5ing up the audio cd of the
    :riAe /;$ hearing from 3!"#!%9 at Chich the #BDC C<<? run /;$ $ffice <dvocate, +o1anne
    e1press aghast horror at Coughlin4s representation of a male domestic violence victim in 0-%92
    - 355-
    1
    2
    %%&&) 0urther (lcano4s representations vis a vis Coughlin4s competency are not e1actly Aourne out
    Ay Coughlin4s filing in the Davenport /;$ and divorce case upon his ta5ing over for then ?6*
    Board ;resident Brec5enridge, Chom missed the 72&4 <ffidavit of *upport issue) Note, Coughlin,
    Budge 0lanagan, and ?CD< DD< 8alstead all Cor5ed together at 8ale 6ane)
    6astly, please consider that, as currently carried out Ay the ?C*$ Civil Division, ?ashoe County
    ta5es the aAsolutely most Arutal approach to conducting e)iction loc52outs, essentially reading N+*
    4%)#.3 to alloC the ?C*$ Civil Division race over to a tenant4s rental minutes after the summary
    e)iction proceeding, and gain access Cith the help of a loc5smith, and immediately Aegin going
    through such a tenant4s personalty, then loc5ing them out (even Cithout their medications or
    eyeglasses or state issued identifcation' Chereupon the tenant is then suAEected to the fraudulent
    approach ta5en Ay some attorney4s, such as +ichard @) 8ill, (s3) (see his "#!#!"" coercive letter to
    Coughlin' in applying N+* ""&<)4% in the most specious manner imaginaAle)
    /here is a great deal of confusion as to the laC in Nevada vis a vis #4 hour loc52out notices and hoC
    soon after posting one the constaAle or *heriff may effectuate the loc52out:
    Qhttp:!!CCC)lpsnv)com!e)iction0<J)pdf: D7) D$(* 9> /(N<N/ 8<-( +7@8/*F >es they do)
    ?hen the notice is served, your tenantRs rights state that they can contest the notice Cith the Eustice
    court from the moment that they receive the notice) /heir reasons can vary, Aut they must get their
    /enantRs +esponse filed Cith the court of Eurisdiction) 7t Cill then Ae approved or denied Ay the Eudge)
    7f it is approved, then a hearing Cill Ae scheduled) >our tenant can also contest the #4 8our 6oc52out
    Notice, Chich is posted Ay the ConstaAle) /his notice is posted #4 hours Aefore the ConstaAle returns
    to the property to do the loc5 change)DY
    @ayle Gern, (s3), ought to have Aeen made to folloC +;C 3).<, Aut regardless, she should not have
    Aeen granted any ?rit of +estitution or 6oc5out $rder on 3!".!"# merely upon a Qdefault AasisY
    Coughlin filed a detailed /enant4s <ffidavit that could spea5 for him at the hearing, and the initial
    Aurden is on the landlord (ie, the party moving for summary Eudgment under <nvui', and Gern failed
    to even file a 6andlord4s <ffidavit) Gern oAtained a default summary e)iction against Coughlin on
    3!".!"# (despite Coughlin4s detailed 3!&!"# filing of a /enant4s <nsCer and ;re28earing Brief',
    resulting in Couglhin Aeing summarily e)icted at gunpoint hours later (despite Gern having failed to
    first file a 6andlord4s <ffidavit as re3uired Ay N+* 4%)#.3(' (so if Coughlin Cas tCo minutes late to
    that 3!".!"# hearing, Chy no overly rigid and formulaic application of procedural rules against
    GernF') Conse3uently, at Coughlin4s ""!"4!"# formal disciplinary hearing, N-B Budge Beesley
    testified as to Coughlin4s appearance Aefore him minutes after Aeing e)icted at gunpoint Ay the
    ?C*$ (Chom Cere violating N+* 4%)#.3(' in failing to post a loc5out order, then Cait #4 hours
    Aefore Aarging in Cith guns draCn') *omehoC, Budge Beesley never considered that *heriff
    misconduct might have an effect on Coughlin4s laC practice, nor, curiously, did Budge Beesley
    manage to mention that Coughlin4s 3!3%!"# filing Aefore him in N-B "%2%."%4 Cadle Co) v) Geller
    detailed Budge Beesley4s "977 9c@eorge *chool of 6aC classmate noC +9C Budge Nash 8olmes
    confiscating Coughlin4s smartphone and micro sd card after summarily incarcerating him for . days
    on #!#7!"#, though such confiscation occurred after Coughlin4s personatly had Aeen Aoo5 in at the
    ?ashoe County Bail, and therefore Cas not done incident to a search incident to arrest, and therefore
    re3uired a Carrant or $rder to so ta5e out of Chere it Cas Aoo5ed into Coughlin4s personal property at
    - 356-
    1
    2
    the Eail and release to the City of +eno 9arshals a day later, as ?C*$ Deputy 8odge admitted to
    Coughlin, Cith local attorney ;am ?illmore standing Ay, on 9arch "9th, #%"#) 0olloCing the
    3!3%!"# filing Ay Coughlin detailing this Aefore Budge Beesley, Budge Nash 8olmes entered an $rder
    releasing Coughlin4s property entered 3!3%!"#) ?CD< DD< Gandaras finally signed off on that
    $rder and Coughlin4s Cas only then permitted to retrieve his property on 4!7!"#, though all the data
    thereon Cas Ciped prior to it Aeing returned to Coughlin) Coughlin did not lie to Budge Nash 8olmes
    in court on #!#7!"# in "" /+ #&%%, and Budge Nash 8olmes has offered nothing in the Cay of
    factual support for her initial contention that Coughlin had lied to her that day, Chich, during
    Coughlin4s cross e1amination of her at his formal disciplinary hearing on ""!"4!"#, resulted in the
    Aasis proffered Ay Budge Nash 8olmes for her suspicion that Coughlin had lied to her Aeing
    thoroughly and easily disproven given the patent inaccuracies inherent to Budge Nash 8olmes
    contention that she had interrogated Coughlin aAout recording and recording devices prior to his
    re3uesting to Ae permitted to use the restroom, Chen, in fact, such interrogation only occurred after
    the one and only restroom Area5 in that Dsimple traffic citationD)
    0urther, Budge Nash 8olmes consistently alternates AetCeen finding something occurred Ay Dclear
    and convincing evidenceD only to alternately characteriIe her findings as indicated such Cas
    DproAaAleD or that she Aelieves something DproAaAly occurredD:
    8(<+7N@ 2 -ol) 7, (;ages "39:"" to ".7:#'
    "39
    "" ut a Aathroom Area5F
    "# < 74m sorry) ?hat marshals ChenF
    "3 J ?ell, the ones you reference on the audio from
    "4 the 9arch "#th hearingF
    ". < ?ell, again, Chich 22 my marshals) Could you
    " Ae more specific, please, in your 3uestionF
    "7 J 8oC much have they told you aAout the
    "& hearing 22
    "9 9+) (C8(-(++7<: 9r) Coughlin, you interrupted
    #% the Eudge) *he as5ed you a 3uestion) Do you Cant to Ae
    #" specific as to a particular conversationF
    ## B> 9+) C$:@867N:
    #3 J >eah) /here Cas one Aathroom Area5 in the
    #4 hearing) ?hat Cere you told during the Aathroom Area5 Ay
    #. either a marshal or the city attorneyF
    - 357-
    1
    2
    "4%
    " 9+) (C8(-(++7<: ?ith respect to any
    # particular issue, 9r) CoughlinF
    3 B> 9+) C$:@867N:
    4 J No) Bust anything) <nything connected to meF
    . 9+) (C8(-(++7<: /hat4s Chat 74m as5ing) 7s
    it involving you, sirF
    7 9+) C$:@867N: >es)
    & 9+) (C8(-(++7<: <ll right)
    9 /8( ?7/N(**: 9r) Coughlin as5ed for a
    "% Aathroom Area5) 7 originally said 7 Could not give the
    "" Area5) <nd then 7 said that 7 Could, Aut he had to leave
    "# all his materials in the courtroom) <nd 7 said that
    "3 Aecause 7 suspected that he Cas tape2recording the court
    "4 proceedings Cithout my permission, and Cithout as5ing
    ". permission first) Because he4s apparently Aeen 5noCn to
    " do that)
    "7 9+) C$:@867N: $AEection, hearsay) 6ac5 of
    "& foundation)
    "9 9+) (C8(-(++7<: $verruled)
    #% /8( ?7/N(**: *o 7 re3uired one of my marshals
    #" to accompany him to the restroom)
    ## 9+) C$:@867N: *he Eust gets to say a Aunch of
    #3 hearsayF
    #4 9+) (C8(-(++7<: 9r) Coughlin, she is
    #. responding to your 3uestion)
    "4"
    " @o ahead, Budge)
    # /8( ?7/N(**: ?hen the marshals came Aac5 from
    3 the restroom, they told me that 9r) Coughlin had, in fact,
    4 Aeen recording the proceedings Aecause he had disassemAled
    . a device and left parts of it in the Aathroom) $r left 22
    - 358-
    1
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    disassemAled parts of it, and then they discovered parts
    7 of it)
    & 7n any case, Chen he Cas ta5en into custody
    9 and held in contempt of court at the Eail, he had
    "% physically tCo recording devices on him, a cell phone 22
    "" either tCo cell phones or a cell phone and some other
    "# recording device) 7 assumed that Cas pieces of Chich he
    "3 Cas messing Cith in the Aathroom)
    "4 B> 9+) C$:@867N:
    ". J ?hich marshal told you thatF
    " < 74m sorryF 7 can4t hear that)
    "7 J ?hich marshal 22
    "& 9+) (C8(-(++7<: 9r) Coughlin, you don4t need
    "9 to yell)
    #% /8( ?7/N(**: 7t Cas 9arshal 8arley that told
    #" me that, Boel 8arley, 82a2r2l2e2y) 8e said Chen they Cent
    ## in and chec5ed the Aathroom after 9r) Coughlin left, and
    #3 he had found evidence that he had disassemAled some oAEect
    #4 or something in there)
    #. B> 9+) C$:@867N:
    "4#
    " J ?hat evidence, and Chat oAEectF
    # < 7 Eust descriAed it as some sort of a
    3 recording device) ?hether it Cas a cell phone and he too5
    4 the *79 card out or Chatever it Cas, 7 Casn4t sure) But 7
    . had as5ed you, 9r) Coughlin, point Alan5 in court if you
    Cere recording, and you told me no) <nd then you as5ed
    7 immediately to go to the Aathroom, and 7 said no) <nd
    & then you Aegged and s3uirmed and said you had to relieve
    9 yourself, and 7 had to let you go to the Aathroom) <nd
    "% then Chen you did that, you Cent into the Aathroom 22
    "" B> 9+) C$:@867N:
    - 359-
    1
    2
    "# J +eallyF
    "3 < /oo5 apart and disassemAled a recording
    "4 device)
    ". J +eallyF ?ould audio shoC that, BudgeF
    " 9+) (C8(-(++7<: 9r) Coughlin) 74ve as5ed you
    "7 repeatedly to please not interrupt people)
    "& 9+) C$:@867N: 7 thought she Cas done)
    "9 9+) (C8(-(++7<: 7t Cas clear she Casn4t Chen
    #% you Cere interrupting her)
    #" 9+) C$:@867N: <ll right)
    ## 9+) (C8(-(++7<: >ou Cill cease that conduct)
    #3 9+) C$:@867N: $5ay)
    #4 9+) (C8(-(++7<: >ou4ve as5ed a 3uestion of
    #. the Eudge) *he ansCered it) Do you have a 3uestionF
    "43
    " B> 9+) C$:@867N:
    # J Budge, Cas there one Aathroom Area5 during the
    3 trialF
    4 < 74m sorry) /he croCd has recessed here, and
    . let me move across the hallCay, Aecause 7 can4t hear
    anything right noC, there4s a Aig croCd)
    7 J Don4t Corry) Bust my laC license, Budge) No
    & Aiggie)
    9 ?as there one Aathroom Area5F
    "% 9+) (C8(-(++7<: 9r) Coughlin, 7 for one do
    "" not appreciate your side comments) 7 thin5 you should
    "# focus seriously on the issues to Ae addressed here) /he
    "3 Eudge simply as5ed for accommodation so she could hear)
    "4 9+) C$:@867N: 7 only have so much time, your
    ". 8onor)
    " 9+) (C8(-(++7<: 7 5noC) Juit Casting it)
    "7 B> 9+) C$:@867N:
    - 360-
    1
    2
    "& J ?as there one Aathroom Area5 during the trialF
    "9 < /here Cas one Aathroom Area5)
    #% J 8ave you revieCed the audio of that trialF
    #" < 74m sorry, 7 can4t hear you again) *ay it
    ## again)
    #3 9+) (C8(-(++7<: Did you revieC the audio of
    #4 the trialF
    #. /8( ?7/N(**: 7 have not revieCed them
    "44
    " recently, no) 7 did at the time) 7 did Chen 7 entered my
    # contempt order and sent my pac5age to the discipline
    3 Aoard)
    4 B> 9+) C$:@867N:
    . J ?hy does the audio of the trial indicate that
    you did not as5 any 3uestions aAout recording until after
    7 the one Aathroom Area5F
    & < 74m not sure that4s the case) 7 don4t 5noC)
    9 J /hat is the case)
    "% 9+) (C8(-(++7<: 9r) Coughlin 22
    "" B> 9+) C$:@867N:
    "# J >et you testified today that 9r) Coughlin
    "3 as5ed to use the Aathroom right after 7 as5ed him aAout
    "4 recording) 8oC do you e1plain thatF
    ". < 7 don4t 5noC the se3uence of events) 7 don4t
    " recall 22
    "7 J >ou Eust said you 22
    "& < 7 listened to the audio at the time Chen
    "9 things happened) <nd Chen you came Aac5 from the
    #% Aathroom, either Cay 7 determined from 22 7 concluded that
    #" you Cere most li5ely recording Cithout my permission)
    ## J (arlier your testimony Cas that you as5ed
    #3 9r) Coughlin if he Cas recording, and he got real s3uirmy
    - 361-
    1
    2
    #4 and as5ed to use the Aathroom) 7s that correctF
    #. < >es)
    "4.
    " J NoC are you remi1ing that testimonyF
    # < No)
    3 J >ou Eust said, 7 don4t 5noC the se3uence of
    4 events)
    . < ?ell, 7 don4t recall the se3uence of events)
    7 5noC that 7 as5ed you if you Cere recording) >ou denied
    7 you Cere) 7 as5ed you a couple times if you Cere
    & recording, if you had gotten permission to record, Chat
    9 you Cere doing) <nd at some point it Cas determined that
    "% you most li5ely Cere)
    "" J >ou 5noC there is an audio of these things
    "# you4re testifying to, right, that Ce can li5e compare to
    "3 Chat you4re saying= right, BudgeF
    "4 9+) (C8(-(++7<: 9r) Coughlin, please e1hiAit
    ". a civiliIed tone)
    " B> 9+) C$:@867N:
    "7 J >ou4re aCare there4s an audioF
    "& < >es, there4s an audio) 7 have not 22
    "9 J /hat Ce can compare 22
    #% < 22 74m giving you my Aest recollection at this
    #" time)
    ## 9+) (C8(-(++7<: 9r) Coughlin, you4re trying
    #3 my patience Cith your continuing interruptions) /hat4s
    #4 not evincing the conduct of a competent laCyer) >ou
    #. should Cait until the Citness finishes Aefore interrupting
    "4
    " her)
    # 9+) C$:@867N: >es, sir)
    - 362-
    1
    2
    3 9+) (C8(-(++7<: @o ahead) <s5 your ne1t
    4 3uestion)
    . B> 9+) C$:@867N:
    J *o the marshals said 9r) Coughlin left some
    7 disassemAled part of a recording device in the Aathroom,
    & and they retrieved it from there= is that correctF
    9 < 7 don4t recall the e1act Cords) /he
    "% impression 7 got from Chat the marshal said is that you
    "" had gone into the Aathroom, disassemAled some sort of
    "# recording device, and they Cent in the Aathroom after you
    "3 and chec5ed that and determined that) /hat4s my
    "4 recollection of the events)
    ". J 7s that mur5y recollection of yours mayAe the
    " reason Chy the laC re3uires, in a contempt not occurring
    "7 in the immediate presence of a Eudge, that someAody
    "& actually put their name on an affidavit and sign itF
    "9 9+) G7N@: 9r) Chairman, as Bar counsel, a
    #% memAer for Bar Counsel office, 7 find 22
    #" /8( ?7/N(**: 9r) Coughlin, you Cere not found
    ## in contempt on that reason alone) >ou Cere found in
    #3 contempt for engaging in Aehavior of the same 5ind it
    #4 appears that you4re doing noC, and much more than that)
    #. <nd you Cere found in contempt for your entire conduct
    "47
    " throughout the course of the proceedings, including
    # repeatedly as5ing 3uestions 7 ordered you not to as5,
    3 delving into areas 7 had ruled Cere inadmissiAle, Aeing
    4 disrespectful, ma5ing faces, pretending li5e you Cere a
    . mime, sitting doCn, slumping doCn, standing up, Cal5ing
    around, and doing a numAer of other things that Cere
    7 completely improper in the manner of conducting a trial)
    & B> 9+) C$:@867N:
    - 363-
    1
    2
    9 J 7s it proper procedure for you to 22
    "% < 22 among one of the many reason Chy 7 found
    "" you in contempt of court, sir)
    "# J 7s it proper for you to call something summary
    "3 criminal contempt Chen you cite to a civil contempt
    "4 statuteF
    ". < 7 don4t 5noC Chat is proper in your Aoo5,
    " 9r) Coughlin) 7 5noC that the Aehavior that 7 saC, 7 5noC
    "7 that 7 held you in contempt, 7 held a precise 22 you
    "& committed direct contempt in front of me in my court 22
    "9 J Criminal contempt or civil contemptF
    #% < 22 7 held you in contempt on the spot, and
    #" then 7 Cent and Crote the order)
    ## 9+) (C8(-(++7<: 9r) Coughlin, you continue to
    #3 interrupt) 74m getting very tired of it) /hat4s improper
    #4 Aehavior) <s you said, your laC license is at sta5e here)
    #. >ou should e1hiAit Aehavior that Could Eustify you 5eeping
    "4&
    " it) 8ave 7 made myself clearF
    # 9+) C$:@867N: >es)
    3 9+) (C8(-(++7<: /han5 you)
    4 @o ahead, Budge) 8ad you finishedF
    . /8( ?7/N(**: 7 finished Cith that ansCer,
    yes)
    7 9+) (C8(-(++7<: @o ahead, 9r) Coughlin)
    & B> 9+) C$:@867N:
    9 J Budge, did your order characteriIe it as
    "% misdemeanor criminal contemptF
    "" < 7 do not have my order in front of me, so you
    "# can consult my order) 7 Aelieve it Cas misdemeanor
    "3 contempt) 7 Aelieve it Cas criminal, direct criminal
    "4 contempt)
    - 364-
    1
    2
    ". 9+) C$:@867N: 74ll note on ;age 3 at line "4
    " it says, misdemeanor of criminal contempt, a violation of
    "7 N+* ##)%"%)
    "& 9+) (C8(-(++7<: ?hich order are you referring
    "9 to, 9r) CoughlinF
    #% 9+) C$:@867N: 0eAruary #&th order) ;age 3,
    #" line "4)
    ## 9+) G7N@: 7 thin5 it4s (1hiAit No) 4)
    #3 9+) (C8(-(++7<: $5ay)
    #4 B> 9+) C$:@867N:
    #. J Budge, is N+* ##)%"% a civil contempt statuteF
    "49
    " 9+) G7N@: $AEection)
    # /8( ?7/N(**: 9r) Coughlin, you can consult
    3 the statutes) 7 don4t have my Aoo5s right in front of me)
    4 N+* identifies in Chapter ## contempt) <nd the +eno
    . 9unicipal Code has sections relating that or incorporating
    those sections into the +eno 9unicipal Code)
    7 (ither Cay, Chat you did in front of me Cas
    & direct contempt, and 7 held you in direct contempt, and
    9 you Cent to Eail for five days Aecause of it)
    "% B> 9+) C$:@867N:
    "" J 7s it permissiAle for a Eudge to call a civil
    "# contempt statute a criminal contempt statute, vis2a2vis 22
    "3 this is ##)%"%, a civil contempt statute) <nd the laC in
    "4 Nevada does have N+* "99 22 7 Aelieve it4s #4% 22 Chich is
    ". the criminal contempt statute) 7s it permissiAle for you
    " to cite to a 22 easier to meet civil contempt statute, and
    "7 then recharacteriIe it as criminal contemptF
    "& 9+) G7N@: $AEection)
    "9 /8( ?7/N(**: 9r) Coughlin, 74m not going to
    #% argue the laC Cith you) >ou have the statutes there) >ou
    - 365-
    1
    2
    #" can consult them yourself)
    ## B> 9+) C$:@867N:
    #3 J $n ;age 3 at line 4, suA )9 22
    #4 9+) (C8(-(++7<: ?hich e1hiAit, sirF
    #. 9+) C$:@867N: (1hiAit 4, your 8onor)
    ".%
    " B> 9+) C$:@867N:
    # J >ou Crote, defendant lying to the court in
    3 response to direct 3uestions posed Ay the court)
    4 ?hat Cere the lies in your vague order that
    . lac5s any specificity to support a summary contempt
    finding, Chat Cere those lies that you failed to elucidate
    7 in your orderF
    & 9+) (C8(-(++7<: 9r) Coughlin, that 3uestion
    9 is argumentative) Do you Cant to rephrase itF
    "% 9+) C$:@867N: *ure)
    "" B> 9+) C$:@867N:
    "# J ?hat Cere you referring to Chen you Crote,
    "3 DDefendant lying to the court in response to direct
    "4 3uestionsDF
    ". < ?ell, it Could Ae e1plained in the order
    " there) 7 don4t rememAer everything at this time Aecause 7
    "7 don4t have it in front of me) But 7 do Aelieve that you
    "& lied aAout or misrepresented that you Cere not recording,
    "9 Aecause 7 Aelieve you proAaAly Cere) 7 don4t 5noC) 7
    #% Aelieve you proAaAly Cere)
    #" <t the same time there Cere things that you
    ## and the prosecutor Cere arguing aAout Cith regard to
    #3 discovery) <nd she disagreed Cith you and said you Cere
    #4 lying to her aAout that) <nd there Cere other items that
    #. you Cent Aac5 and forth aAout that appeared to me that you
    - 366-
    1
    2
    "."
    " Cere not totally honest aAout)
    # J *o Chen 22
    3 9+) (C8(-(++7<: (1cuse me) 9r) Coughlin, let
    4 the record reflect that it4s "#:"&) 74ll afford you tCo
    . more minutes)
    9+) C$:@867N: /han5 you, sir)
    7 B> 9+) C$:@867N:
    & J ?hen you say, alternately you Cere proAaAly
    9 lying) <nd then you put in your order, D7 find Ay clear
    "% and convincing evidence that he lied,D is that amAiguous
    "" thereF 8oC do you reconcile thatF
    "# < 8oC do 7 reconcile ChatF
    "3 J /he fact that your order says you find Ay
    "4 clear and convincing evidenceF
    ". < Because that4s Chat 7 Crote) 7 did find Ay
    " clear and convincing evidence) 7 found Ay aAsolutely
    "7 convincing evidence that you Cere Aehaving improperly in
    "& court, as you are noC, apparently)
    "9 J >ou4re saying you found Ay clear and
    #% convincing evidence that a licensed attorney lied to the
    #" court) <nd then you characteriIe that as proAaAly, Cell,
    ## 7 5ind of thin5 he Cas) 7 thin5 he Cas, Aecause 7 5noC
    #3 some unattriAuted hearsay that 74m going to Aase it on)
    #4 74m going to get the order 7 thin5 is Crong aAout the
    #. Aathroom Area5) 74m not going to have a marshal sign an
    ".#
    " affidavit) /hen 74m going to remi1 a criminal contempt
    # statute Cith a summary contempt statute and pic5 and
    3 choose and ma5e it as retaliatory as 7 possiAly can)
    4 7sn4t that a fair characteriIation of your approach as a
    . EudgeF
    - 367-
    1
    2
    9+) (C8(-(++7<: Budge, you don4t need to
    7 ansCer that 3uestion) /hat Cas Cay out of line, and
    & e1tremely argumentative)
    9 /8( ?7/N(**: /han5 you)
    "% 9+) (C8(-(++7<: Do you Cant to as5 a
    "" legitimate 3uestion, 9r) CoughlinF
    "# B> 9+) C$:@867N:
    "3 J ?hat Aasis do you have to assert in your order
    "4 that defendant lying to the court in response to direct
    ". 3uestions posed Ay the court Cith regard to his recording
    " the proceedingsF
    "7 < /he opinion is self2e1planatory) 7 do not
    "& have it in front of me, 9r) Coughlin) >ou have access to
    "9 the tapes and the opinion) <nd 7 stand Ay Chat 7 Crote,
    #% and 7 stand Ay the proceedings that day)
    #" J But it4s 5ind of hard to pic5 inconsistencies
    ## in your testimony today and those materials Chen you
    #3 refuse to testify noC, isn4t itF
    #4 9+) (C8(-(++7<: <rgumentative, 9r) Coughlin)
    #. >ou are not assisting yourself here)
    ".3
    " 9+) C$:@867N: 74m as5ing her) 7t4s a
    # 3uestion)
    3 9+) (C8(-(++7<: No)
    4 9+) C$:@867N: 7s that not true that she is
    . suAverting the legal process Ay refusing to testify
    instead of saying, Cell, read the order and read 22 listen
    7 to the recording, and therefore she is not suAEecting
    & herself to putting forth any further inconsistencies)
    9 9+) (C8(-(++7<: 9r) Coughlin, the time for
    "% argument is later, not noC)
    "" 9+) C$:@867N: $5ay) *o 74m oAEecting) 7t4s
    - 368-
    1
    2
    "# nonresponsive)
    "3 B> 9+) C$:@867N:
    "4 J ?hat Cas your Aasis 22
    ". 9+) (C8(-(++7<: /hat oAEection is overruled)
    " NoC it4s "#:#%) 7f you have anything further of
    "7 significance that4s relevant to the issues in this case,
    "& please as5 that 3uestion, 74ll alloC you one more)
    "9 B> 9+) C$:@867N:
    #% J ?hat Cas communicated to you during the
    #" Aathroom Area5, and Ay ChomF
    ## 9+) G7N@: <s5ed and ansCered)
    #3 9+) (C8(-(++7<: 7 thin5 you4ve as5ed that)
    #4 9+) C$:@867N: 7 don4t thin5 she ansCered it)
    #. 9+) (C8(-(++7<: *he did) Do you have another
    ".4
    " 3uestion, 9r) CoughlinF
    # 9+) C$:@867N: *ure)
    3 B> 9+) C$:@867N:
    4 J Did you or anyone Cith the +eno 9unicipal
    . Court transmit or otherCise deliver Budge 6inda @ardner4s
    order for sanctions to the *tate Bar of NevadaF
    7 < 74m sorry) 7 didn4t hear all that) Did 7
    & ChatF >ou4ll have to repeat the 3uestion)
    9 J Did you or anyAody Cith your court, the +eno
    "% 9unicipal Court, transmit or otherCise deliver Budge 6inda
    "" @ardner4s <pril #%%9 order sanctioning me to the *tate Bar
    "# of NevadaF
    "3 < 74m sorry) Deliver to ChomF
    "4 9+) (C8(-(++7<: /he *tate Bar, Budge)
    ". /8( ?7/N(**: $h) <fter 22 let me e1plain
    " 3uic5ly) 9y trial Cas my first e1perience in e1posure to
    "7 9r) Coughlin) <fter everything happened, and 7 held him
    - 369-
    1
    2
    "& in contempt, then Budge @ardner told me that his sister,
    "9 Budge @ardner, has a life e1perience Cith 9r) Coughlin,
    #% and he provided me a copy of her opinion from a couple
    #" years earlier) <nd that may have Aeen in the pac5age 7
    ## forCarded to the court) 7 forCarded everything 7 could
    #3 possiAly include that Could shoC 9r) Coughlin4s aAility to
    #4 practice laC) 7ncluding 9r) Coughlin4s #%%2page motion
    #. that he fa1ed to the court)
    "..
    " 9+) (C8(-(++7<: /han5 you, Budge) 7t4s noC
    # "#:##, and Ce4ll e1cuse you) <nd Ce appreciate you ta5ing
    3 the time 22
    4 9+) C$:@867N: Can 7 as5 one more 3uestion
    . aAout the pending 22
    9+) (C8(-(++7<: 9r) Coughlin 22
    7 9+) C$:@867N: 22 competency evaluation or 22
    & 9+) (C8(-(++7<: 9r) Coughlin)
    9 9+) C$:@867N: 22 Cith the trialF 7t4s a good
    "% 3uestion)
    "" 9+) (C8(-(++7<: 7t4s an interruptive
    "# 3uestion, and it4s improper conduct)
    "3 9+) C$:@867N: >ou4re not going to let her
    "4 ansCer that, huhF >ou are not going to ma5e her ansCer
    ". thatF
    " 9+) (C8(-(++7<: 74m sorry) 7 continue to
    "7 tal5 Chile you4re trying to interrupt)
    "& Budge, than5 you for your testimony)
    "9 9+) C$:@867N: *he held a trial Cith a pending
    #% competency evaluation in violation of laC)
    #" 9+) (C8(-(++7<: Juit interrupting,
    ## 9r) Coughlin)
    #3 9+) C$:@867N: 7 Eust got it on the record)
    - 370-
    1
    2
    #4 9+) (C8(-(++7<: /han5 you, Budge) ?e
    #. appreciate you ta5ing your time into the lunch hour)
    ".
    " /8( ?7/N(**: /han5 you) 74ll hang up noC)
    # 9+) G7N@: /han5 you, Budge)
    3 9+) (C8(-(++7<: 7t4s noC "#:#3) 9r) Ging, do
    4 you have additional CitnessesF
    . 9+) G7N@: 7 have 22 my understanding is 74ll
    have tCo additional Citnesses) 74m not certain that 7
    7 Cill Ae aAle to reach them, Aut Budge 8oCard and Budge
    & (lliott)
    9 9+) C$:@867N: 74d li5e to call Budge Nash
    "% 8olmes in my case in chief and as5 her Chy she persists in
    "" holding trial if she Cas aCare of a pending competency
    "# order)
    "3 9+) (C8(-(++7<: >ou had the opportunity to
    "4 as5 her those 3uestions)
    ". 9+) C$:@867N: No, 7 didn4t) >ou Eust refused
    " it to me)
    "7 9+) (C8(-(++7<: No, 7 gave you 22
    "& 9+) C$:@867N: >ou did another Aasis for an
    "9 impartiality finding)
    #% 9+) (C8(-(++7<: 74m sorry) 7 have this
    #" terriAle haAit of continually tal5ing Chile you4re trying
    ## to 22
    #3 9+) C$:@867N: >ou4re not letting me as5 any
    #4 3uestion that Could tend to implicate impropriety on the
    #. part of a Eudge)
    ".7
    " 9+) (C8(-(++7<: >ou can characteriIe the
    # rulings as you Cish) 7 have made the rulings)D
    - 371-
    1
    2
    +egardless, in Aoth "7%& and 374, N+* 4%)#.3 does not alloC for the ?ashoe County *heriff to
    conduct e)ictions in the manner in Chich is currently does) 8ill4s filings claim that the ?C*$4s
    procedures, Ay Aeing the Qusual and customary practicesY of the ?C*$, somehoC Aecome Alac5
    letter laC in Nevada, even Chere a statutory remedy is in place, one that the legislature Cor5ed hard
    on (despite +BC Budge ;earson, in "%4&, ignoring <B##4s minor tenant4s rights victory Chere it
    re3uired the landlord to, under N+* 4%)#.3(3'(a' Qidentify the court that has Eurisdiction over the
    matter)))Y and 3(A'("'4s dctate that such notice advise the tenant: Q("'Z$f the tenantRs right to contest
    the matter Ay filing,))) an affida)it !ith the court that has 6urisdiction o)er the matter,,,=, in the
    face of the unauthoriIed practice of laC on Aehalf of out of state corporation no less, NorthCinds
    <partments <ssoc), 66C of ?ashington state)
    N+* 4%)#.3(' provides)))Q)ZZ:pon the filing Ay the tenant of the affidavit permitted in suAsection
    3, regardless of the information contained in the affidavit, and the fiing #y the andord of the
    affida)it permitted #y su#section 7 (note, Aoth in "7%& and 374, neither landlord filed such a
    6andlord4s <ffidavit in a timely manner, and 9erliss in "7%& never filed one at all) 7f Ba5er and 8ill
    Cant Aig Aoy attorney4s fees, they should Ae re3uired to get those sorts of things right to Eustify such
    e1orAinant fees, or even Aegin to', the Eustice court or the district court shall hold a hearing, after
    service of notice of the hearing upon the parties, todetermine the truthfulness and sufficiency of any
    affidavit or notice (Ba5er continually maintained that it Cas only Coughlin4s <ffidavit Chich Cas up
    for inspection, in violation of +;C 3)"' provided for in this section) If the court determines that
    there is no ega defense as to the aeged una!fu detainer and the tenant is guilty of an unlaCful
    detainer, the court may issue a summary order for remo)a of the tenant or an order pro)iding
    for the nonadmittance of the tenant,=
    So, reay, especiay in /E4?, a the de#ate a#out the import and appication of the :!ithin 35
    hours anguage= is inappica#e any!ays, as that phrase is ony appica#e to a situation !here
    the tenant does not fie a Tenant's (ns!er in respose to a 7 day +< Notice #eing posted,
    N-S 54,370$7&D=,JJ+pon noncompiance !ith the noticeD
    $a&JThe landlord or the landlordRs agent may apply Ay affidavit of complaint (note, there is nothing
    in Ch, 54 that ao!s for a :andord's agent= to draft peadings or appear on #ehaf of an out of
    state corporation, cross the #ar, and practice a! on its #ehaf, as @NM's Sue Iign did in
    4E554? and 0E5, and as NCS's 9eff Chander did in /45?' for e)iction to the 6ustice court of the
    to!nship in !hich the d!eing, apartment, mo#ie home or commercia premises are ocated or
    to the district court of the county in !hich the d!eing, apartment, mo#ie home or commercia
    premises are ocated, !hiche)er has 6urisdiction o)er the matter $in 0E5, -9C 9udge Schroeder
    issued such an Order prior to Iern e)en fiing a Landord's (ns!er&, The court
    may thereupon issue an order directing the sheriff or consta#e of the county to remo)e the
    tenant !ithin 35 hours after receipt of the order,=
    But, again, Chere Coughlin did comply Cith the . day notice, in Aoth "%4&, 374, and "7%&, N+*
    4%)#.3(.' language is inapplicaAle (QThe court may thereupon issue an order directing the sheriff
    or consta#e of the county to remo)e the tenant !ithin 35 hours after receipt of the order,Y&
    -ather, it is N-S 54,370$B&'s anguage that controsD :If the court determines that there is no
    - 372-
    1
    2
    ega defense as to the aeged una!fu detainer and the tenant is guity of an una!fu
    detainer, the court may issue a summary order for remo)a of the tenant or an order pro)iding
    for the nonadmittance of the tenant,=
    There #eing nothing thereing spea"ing to some :!ithin 35 hours= dicate, the defaut appication
    in ci)i a! re>uires that such an an Order #e ser)ed under N-CP B$e& !here persona ser)ice
    is not accorded, thus re>uiring 0 days for maiing, 8urther, N-(P ? and some 7 day stay
    suggested in (n)ui, is argua#y appica#e, There is itte indication in Ch, 54 or eseh!here to
    pro)ide some e'panation of 6ust ho! and in !hat manner such a :summary order= !oud #e
    carried out and !hether it !oud ao! for the approach ta"en #y the @CSO in such situations,
    @hie N-S 54,370$0&$#&$3& does contain the term :summary order=, the appearance therein of
    the :!ithin 35 hours= anguage, com#ined !ith the non%appearance of such :!ithin 35 hours
    anguage= in N-S 54,370$B&, under traditiona principes of statutory construction, actuay
    augers for an interpretation of su#section B that !oud re>uire more time for a tenant than is
    pro)ided for under N-S 54,370$0&$#&$3&DJ=That if the court determines that the tenant is guity
    of an una!fu detainer, the court may issue a summary order for remo)a of the tenant or an
    order pro)iding for the nonadmittance of the tenant, directing the sheriff or consta#e of the
    county to remove the tenant Cithin #4 hours after receipt of the order,,,=
    It seems rather impausi#e to suggest that the :!ithin 35 hours= anguage is some dictate to the
    Sheriff or consta#e re>uiring such oc"outs #e effectuated in some narro! !indo! of time,
    -ather, particuary gi)en the primacy to indi)idua's and #usinesses inherent to their uses as
    residences of paces of #usiness $or, in /E4?, as #oth& it !oud seem entirey more i"ey, and
    reasona#e, to concude that the egisature intended for the :!ithin 35 hours= anguage to
    afford tenant's :at east= 35 hours from the posting $if not the constructi)e receipt in the mai
    under N-CP B$e& if no persona ser)ice !as to #e had& of such a oc"%out Order to remo)e those
    items they find a#soutey essentia $see Coughin's difficuties in /45? !here depri)ed of his
    medications, eyegasses, contacts, some important ega fies, etc, not to mention the -PC 0,7(
    )ioation attendant to the defaut on E272/3, especiay !here the -9C and NCS's Chander
    "ne! Coughin !as in 6ai incident to a E202/3 arrest stemming from North!ind's handyman
    Ire#'s faacious accusation of Coughin :distur#ing the peace=,
    the court may issue a summary order for remo)a of the tenant
    (so, the -9C may need to e'pain !hy it faied to fie in fa' fiings #y Coughin !here it either
    did fie in some #y Ci and *a"er in /E4? $or consider any faiure to fie any /42/02// (ffida)it
    of +na!fu <etainer #y andord Meriss&,
    - 373-
    1
    2
    The S*N is i"ey resting upon some theory that the /;$ and (;$ granted it Ay +BC Budge ;earson,
    Chich indicates that Coughlin may ) 0irst, the "!4!"3 (;$ granted the *BN indicates that ;atric5
    $Cen Ging, (s3), appeared at the (1tension 8earing to represent the *BN) <s such, Ging, 5noCing
    he Cas e1tremely li5ely to Ae a Citness in such an action, had a duty to CithdraC from representation,
    and therefore himself violated a +;C ")" re3uir he so CithdraC Chere his Aeing a Citness Cas a
    virtual certainty) 0urther, Ging4s /;$ application rests almost entirely on unsCorn hearsay, for Chich
    Ging ma5es no indication Cith regard to from Chom or hoC he Aecame aCare of such hearsay
    detailing such purported QfactsY) 0or instance, the magic of hearsay may alloC a comment li5e Qits
    not fair that Bar Counsel Ging gets all this e1 parte face time Cith ;anel Chair (cheverriaY that may
    have Aeen said to Dena (cheverria on the telephone to Aecome, according to Ging, a statement Ay
    Coughlin to (cheverria4s staff that he Cas coming doCn to the ;anel Chair4s $ffice, threatening to get
    some Qface timeY) Coughlin4s "99 8onda <ccord4s electrical proAlems (an electrical short caused
    proAlems Cith Coughlin4s headlights re3uiring a primitive Cor5around re3uiring Coughlin to Araids
    five elecrical Cires together to turn his vehicle4s headlights on)))something Ging alleges, through
    unattriAuted hearsay, Cas a case of Coughlin malingering around the *BN4s Northern $ffice after .
    pm flashing his headlights at the one or tCo Comen Chom Cere Cor5ing late (Aecause, one can Ae
    aAsolutely sure, <sst) Bar Counsel Ging has never Cor5ed late a day in his life, and certainly not
    Chile employed Ay the *BN, than5s to *C+ "%, natch', in an attempt to frighten and harass them)
    /hen there is the curiosu allegation Ay Ging in his /;$ application that Coughlin called the *BN
    ahead to announce he Could Ae there in fifteen minutes to file something) Ging somehoC alleges that
    is threatening Aehavior even Chere he suAse3uently indicates that he had sent Coughlin a letter
    demanding that Coughlin do Eust that prior to appearing at the *BN for any reason, including to file
    documents)
    -7$6</7$N* $0 N+* "7&)4%. <ND N+* .)%"% B> +(N$ C7/> <//$+N(> <ND ?<*8$(
    C$:N/> ;+$*(C:/$+* <ND +9C <ND ?C;D C$:+/ <;;$7N/(D D(0(ND(+*
    *eptemAer &th, #%"" $rder for Competency (valuation Ay Budge *chroeder in +C+#%""2%334"
    *eptemAer 9th, #%"": Coughlin arrested at ?al29art in +9C "" C+ ##"7 for petty larceny $ctoAer
    "%th, #%"": Coughlin arraigned in +9C "" C+ ##"7 for petty larceny charge
    $ctoAer #th, #%"" (or a short time after depending upon entry of order' Budge *ferraIIa declares
    Coughlin competent in +C+#%""2%334"
    0eAruary #7th, #%"#: file stamped at ":3"pm in +C+#%"#2%.3% Budge Clifton signs an $rder for
    Competency evaluation of Coughlin
    20eAruary #7th, #%"#: despite Aeing present at the Dclandestine status conferenceD (Dogan4s client
    Coughlin Cas noticed, in Criting, that it had Aeen reset to 9arch #9th, #%"#' DD< >oung filed an
    $pposition to 9otion to Continue /rial Date and 9otion to <ppoint Co2Counsel on #!#7!"# at #:..
    pm in a companion case that he Cas also prosecuting, +C+#%""2%334" in violation of N+*
    "7&)4%.) 7n her 9arch "3th, #%"# grievance against Coughlin, Budge Nash 8olmes admits to
    communications in this regard AetCeen her and the ?ashoe County ;uAlic Defender4s $ffice)
    20eAruary #7th, #%"#: <t 3:%% pm, despite the communications she admits to Cith the ?C;D, Budge
    Nash 8olmes holds a trial Chere Coughlin is forced to appear as an indigent criminal defendant
    proceeding Cith self representation in "" /+ #&%%, Chich is suspened upon Budge Nash 8olmes
    finding Coughlin in Dsummary criminal contemptD seconds after he testifies that +;D *argetn /arter
    lied in connection Cith a retaliatory traffic citations incident to /arter telling Coughlin to leave the
    laC office of +ichard @) 8ill, (s3) on NovemAer ".th, #%"# after Coughlin Cas released from 3 days
    - 374-
    1
    2
    in Eail incident to a criminal trespass custodial arrest upon 8ill lying to officers and signing a criminal
    complaint in "" C+ #4%. for criminal trespass on NovemAer "3th, #%"#) /arter ordered Coughlin to
    leave after 8ill refused to give Coughlin his state issued drivers license or identification, his hard
    drives!client4s files, his 5eys, or his Callet) 2Budge Nash 8olmes proceeds to file numerous $rders
    29arch .th, #%"#: in +9C "" C+ #4%., the criminal trespass case from Coughlin4s former home
    laC office the Certified Copy of Doc5et done Ay the Budicial <ssistant, D#4s 6isa ?agner, Cho
    couldn4t 3uite seem to find or rememAer the fact that Coughlin fa1ed in a Notice of <ppeal on Bune
    #&th, #%"#, and her failure to doc5et that led to the dismissal of Coughlin4s appeal in C+"#2"##,
    despite Coughlin having electronic confirmation of receipt of that fa1 delivering his Notice of <ppeal
    to the +9C and to City <ttorney 8aIlett2*tevens (Chom coyly tries to assert he didn4t get it or the
    paper copy Coughlin personally delivered to the offices of the City <ttorney Cithin the "% days set
    forth in N+* "&9)%"%' /rial date set for <pril "%, #%"# Ay Court) 2%. 9arch #%"#: Notice $f
    <ppearace <s Co2Counsel <nd 9otion /o Dismiss filed defendant) #% 9arch #%"#: $rder ]"
    denying defendant4s motion filed "3,0eAruary #%"# signed Budge ?illiam @ardner) +9C "" C+
    #4%. 2#" 9arch #%"#: $rder ]# denying defendant4s motion filed ., 9arch #%"# signed Ay Budge
    ?illiam @ardner) +9C "" C+ #4%. 2#" 9arch #%"#: 9otion /o *tri5e Defendant4s 9otion /o
    Dismiss Complaint filed Ay Deputy City <ttorney Christopher 8aIlett2*tevens) +9C "" C+ #4%. 2
    "% <pril #%"#: Defendant appeared for trial Cith counsel Geith 6oomis, Budge ?illiam @ardner
    "!.
    presiding) ;resent on Aehalf of the City Cas Christopher 8aIlett2*tevens) *everal pre2trial motions
    Cere heard) <n $rder *uspending ;roceedings Cas signed) <ll proceedings suspended until the
    3uestion of competence is determined) Case *tatus 8earing scheduled for &, 9ay #%"#) +9C "" C+
    #4%.) *ee attached emails demonstrating the 5noCledge of and complicity AetCeen the ?ashoe
    County ;uAlic Defenders, the court appointed +eno 9unicipal Court defenders, the City of +eno
    ;rosecutors, ?ashoe County District <ttorney4s $ffice, +9C, +BC, and Aoth court4s filing office4s
    staff and administrators respecting the e1istence of these $rders for Competency (valuation and the
    AraIen violation of N+* "7&)4%. and N+s .)%"% Ay these individuals) 0urther, on
    2<pril "9th, #%"#, DD< >oung again violated N+* "7&)4%. Chere he moved to have Coughlin
    remanded to custody (Chereupon Coughlin could again have his medication suddenly Cithheld from
    him, all Chile +9C Budge Nash 8olmes see5s to leverage Eail staff to get Coughlin to sign some
    Caiver of his medical records privacy rights and Chere ?C;D Biray Dogan announces confidential
    87;<< protected medical information relating to his client Coughlin into the puAlic record, in front
    of 4% memAers of the puAlic gathered in D"%, a transgression Chich ?C;D Beremy Bosler later
    refused to see5 to ameliorate or stri5e from the record in any manner Chatsoever')
    29ay 7th, #%"# (the day Coughin's Opposition to Ci and *a"er's 52/12/3 impermissi#e Post%
    9udgment (ttorney 8ee Sanctions Motion in C;//%40B3? $no 3/ day fiing ready safe har#or
    motion ser)ed either, much i"e the approach #y Springgate appro)ed of #y 9udge L, .ardner
    incident to here 52/0241 Order (fter Tria in <;4?%4//B?, !hich #ecame the third grie)ance
    against Coughin underpinning the appea in B300E of the -ecommendation to permanenty
    dis#ar him,,,so, 6ust !ho is it !ho is asserting non%meritorious contentionsG&, 8urther, 9udge
    8anagan's ?23?2/3 Order in C;//%40B3? ma"es cear that his B2372/3 Order a!arding andord
    Meriss $incident to Ci and *a"er's attorney fee sanction motion& !as ony entered in )ie! of
    9udge 8anagan's opinion that Coughin faied to oppose their 52/12/3 Motion for (ttorney
    8ee's Sanctions in ight of <C- /0$0&, (pparenty the @ashoe County 6ai ripping Coughin of
    - 375-
    1
    2
    psychotropic medications and refusing him any a#iity to fie court documents, paper,
    en)eopes, or e)en ma"e phone cas did not pro)ide Ngood causeN for reconsidering that
    monumenta fee a!ard, Coughlin, or those attorney4s see5ing sanctions under N+* 7)%&. Cithout
    complying Cith the dictates of N+C; ""F in +C+#%""2%334" ?C;D @oodnight and DD< >oung
    violate N+* "7&)4%. Ay attempting /$ 8$6D < /+7<6 in that matter during the pendency of an
    $rder for Competency directored toCards @oodnight4s client, Coughlin) @oodnight manages to Eam
    Coughlin into an ill2advised 9ental 8ealth Court sign2up in 98"#2%%3#, Chich ends Aadly Chen the
    98C4s +eno Biondo commits fraud in asserting that Coughlin Cas removed from the 98C for
    Dfailing to folloCing 98C policiesD similar to the arguments put forth Ay *haron Dollarhide, despite
    the 98C, and perhaps @oodnight too, having given Coughlin a list of medications it prohiAits, and a
    contract for entry into the 9C8, after having informed Coughlin he Cas accepted into the 9C8 upon
    entering the contract) /he 9C8 suAse3uently threatened Coughlin Cith incarceration for ta5ing a
    medication is only after the fact oAEected to, then, upon having the Aargained for consieration, offer
    and acceptance pointed out to it, the 9C8 lied and disparaged Coughlin to the +BC and others,
    causing Coughlin reputational damage, and Coughlin4s case Cas remanded to the +BC at a later date)
    During this period of time, D"% Budge (lliot forced Coughlin Aac5 into custody at the ?CDC, Chere
    Coughlin has Aeen denied his medication every single one of his "% trips to Eail this year, Cith no
    titration doCn of dosing Chatsoever, even Chere Coughlin Cas Cilling and aAle to arrange for
    delivery of the medication at his oCn e1pense, etc)
    2%& 9ay #%"#: Case *tatus hearing held Aefore Budge ?illiam @ardner) ;resent on Aehalf of the City
    Cas Deputy City <ttorney Christopher 8aIlett2*tevens, for the defense Geith 6oomis and defendant
    Zachary Coughlin) Defendant Cas found to Ae competent) Defendant4s motion to remove Geith
    6oomis as counsel granted) /rial date set Ay the court for Bune "&,#%"#) +9C "" C+ #4%.)
    *trangely, despite Coughlin still Aeing suAEect to an as yet to Ae ruled upon $rder 0or Competency
    evaluation and despite Coughlin having Eust the previous day Aeen accepted into 9ental 8ealth Court
    and the +BC case +C+#%""2%334" transferred there, +9C Budge ?illiam @ardner Eammed
    Coughlin Aoth into proceeding Cithout the *i1th <mendment +ight /o Counsel and into some trial
    setting, even though N+* "7&)4%. and N+* .)%"% forAids it, and even though Budge @ardner
    admitted to Aeing aCare of Budge Nash 8olmes, his felloC +9C Budge, see5ing to have Coughlin4s
    laC license ta5en aCay Aased upon a *C+ ""7 DisaAility ;etition (Budge Nash 8olmes, in her 9arch
    "4th, #%"# letter!grievance to the *tate Bar of Nevada, Cherein she purports to spea5 for Budge
    ?illiam @ardner and managed to pass on to the *BN the <pril #%%9 $rder 0or *anctions Ay Budge
    ?illiam @ardner4s sister 0amily Court Budge 6inda @ardner, that Budge ?illiam @ardner passed to
    Budge Nash 8olmes after receiving from his sister sometime in
    #!.
    the first 3uarter of #%"#') 7ncidentally, Coughlin Cas previously a domestic violence attorney at
    ?ashoe 6egal *ervices until 0amily Court Budge 6inda @ardner4s <pril #%%9 $rder sanctioning
    Coughlin H",%%% personally for the arguments he made in representing a domestic violence victim in
    a divorce trial Cere cited Ay ?6* (1ecutive Director ;aul (lcano as the Dsole reasonD for Coughlin
    Aeing fired) Coughlin filed a ;etition for ?rit of 9andamus in respone to that $rder Cith the Nevada
    *upreme Court in .4&44) Coughlin filed a Notice of <ppeal of the dismissal for insufficient service
    of process of his Crongful termination case against ?ashoe 6egal *ervices on 0eAruary #7th, #%"#,
    and that matter is currently on appeal Cith the Nevada *upreme Court in %3%#) $h, and +eno City
    <ttorney Bohn Gadlic is a patient of Zach Coughlin4s father, Dr) /imothy Coughlin, and the City of
    +eno and or the +;D have sought to pressure Coughlin4s parents into having him DcommittedD,
    - 376-
    1
    2
    despite the fact that the numerous (aAout &2"% ish' Crongful arrests Coughlin has Aeen suAEected to
    this year (most of Chich violate *oldal v) Coo5 County and have Aeen captured on video tape,
    amaIingly' all 5ind of give 9r) Gadlic a Ait motivation to 3uiet and or discredit Coughlin (and and
    arrest on Bune #&th, #%"# Ay the ?C*$ and various instances this year Chere fraudulent <ffidavits of
    *ervice Ay the ?C*$ have Aeen involved in arrests of Coughlin give the ?CD< $ffice its oCn
    motivations')
    @iven that this trial setting and denial of Coughlin4s *i1th <mendment +ight to Counsel occurred
    during the pendency of an $rder for Competency (valuation of Coughlin that the +9C, Budge
    ?illiam @ardner, court appointed defender Geith 6oomis, (s3) and City <ttorney4s Christopher
    8aIlett2*tevens, (s3) Cere Cell aCare of, the folloCing are void: $. Bune #%"#: Notice $f
    <ppearance <s Counsel = 9otion /o Dismiss= 9otion /o *uppress= 9otion 0or < Continuance $f
    /rial <nd /ransfer /o 9ental 8ealth Court filed Ay defendant) "& Bune #%"#: Defendant appeared for
    trial pro2per, Budge ?illiam @ardner presiding) ;resent on Aehalf of the City Cas Christopher 8aIlett2
    *tevens) *everal pre2trial motions Cere heard) 9otion to Continue filed Ay defendant denied) 9otion
    to Dismiss filed Ay defendant denied) 9otion to *uppress denied) 9otion to +ecuse denied) 9otion
    to /ransfer to 9ental 8ealth Court denied) Case tried on its merits and the Defendant Cas found
    guilty of the charge of /respass, a violation of +)9)C %&)"%)%"%) ))D4>#.4#%"# /he Defendant Cas
    sentenced as folloCs: /respass, a violation of +)9)C %&)"%)% "%) : /ime *erved (3 days at usual H"%%
    a day, and a H3"%)%% fine for a total of H"% ra5ed in Ay the +9C on a first offense trespass charge
    Chere typically the fine is H3%.) <lso, +ichard @) 8ill, (s3) lied under oath at that Bune "&th, #%"#
    criminal trespass /rial Chere he testified that the +;D identified themselves as laC enforcement and
    issued a laCful order or Carning for Coughlin to leave the premises prior to the landlord 5ic5ing
    doCn a door to a 3uasi DAasementD under the former laC office) /he videos of the arrest filmed Ay
    8ill demonstrate that Coughlin Cas never given an opportunity to heed any Carning to leave given
    that day prior to a custodial arrest Aeing effectuated, contrary to the *upplemental Declaration Ay
    +;D $fficer Chris Carter, Br) +;D *argent 9arcia 6opeI suAse3uently admitted that the +;D neither
    identified themselves as laC enforcement nor issued a laCful order to emerge from the Aasement
    prior to landlord 9erliss 5ic5ing doCn the Aasement door on NovemAer "3th, #%"#) ?C*$ Civil
    *upervisor 6iI *tuchell has admitted in an email to Coughlin that Deputy 9achen4s NovemAer 7th,
    #%"" <ffidavit of *ervice sCearing to have Dpersonally servedD the +BC +(-#%""2%%"7%& *ummary
    e)iction $rder on NovemAer "st, #%"" Cas DincorrectD in that to 9achen Dpersonally servedD means
    Dposting it to the door Chen no one is home) 8oCever, given N+* 4%)4%% ma5es applicaAle N+C;
    .(A'(#' and (e' to summary e)ictions (even those that are noticed Ay the +BC, in Criting, as a D/rialD
    and even Chere, at the $ctoAer "3th, #%"" Dsummary e)iction proceedingD the +BC ruled that
    Coughlin Dhad met his Aurden of estaAlishing there is a genuine issue of material fact concerning his
    retaliatory e)iction defenseD and the matter Cas then Dset for trial on $ctoAer #.th, #%"" provided
    Coughlin deposits H#,#7. into the court4s rent escroC accountD, all of Chich violates BC+C; +ule "%9
    and N+*
    3!.
    4%)#.3('' the loc5out Deputy 9achen oversaC on NovemAer "st, #%"" Cas Aased upon a void
    e)iction $rder and Decision of $ctoAer #.th, #%"" and an $ctoAer #7th, #%"" 0indings of 0act)))that
    8ill4s associate Ba5er testified as to having apparently provided receipt thereof to the ?C*$ on
    $ctoAer #&th, #%"", and Chich +BC Chief Civil Cler5 Garen *tancil indicates Cere transmitted to the
    ?C*$ via fa1 according to the usual custom and practice of the +BC)))meaning, the ?C*$ failed to
    effectuate a loc5out DCithin #4 hoursD of DreceiptD of either of those $rders)))meaning 8ill and
    9erliss Cere trespassing on NovemAer "3th, #%"", not Coughlin, and they Arought the +;D along for
    - 377-
    1
    2
    the ride, Chereupon the +;D effected a Crongful arrest (Aased upon lies Ay neurologist 9erliss and
    his attorney 8ill to the effect that they Carned Coughlin to leave that day prior to the +;D shoCing
    up, Chich is clearly shoC to Ae false Ay the videos filmed Ay 8ill and 9erliss themselves and 8ill4s
    suAse3uent testimony at the Bune "&th, #%"# criminal trespass trial in "" C+ #4%.')
    9ay 9th, #%"#: $rder finding Coughlin competent in C+"#2%37, Ay Budge (lliot of Department "%
    resolving the 0eAruary #7th, #%"# $rder for Competency (valuation signed Ay +BC Budge Clifton
    and file stamped at ":3" pm on that date)
    *eptemAer .th, #%"#: $rder for Competency (valuation of Coughlin Ay Budge *ferraIIa in
    +C+#%""2%334"
    $ctoAer #, #%"#: ?C;D 6eslie and Dogan and DD< >oung violate N+* "7&)4%. Ay sCapping the
    $ctoAer ".th, #%"# /rial continuation!Competency 8earing Date in +C+#%""2%334" Cith
    +C+#%"#%.3%, and setting!stipulating to a neC hearing on $ctoAer ##nd, #%"#, and resetting the
    /rial date to NovemAer "9th, #%"#, Aut not Aefore attempting to cram +C+#%"#2%79&% onto the
    calendar Cith +C+#%"#2%334" for $ctoAer ##nd, #%"# (and 6eslie and Dogan lied to Coughlin
    aAout Chether Dmandatory status conferenceD Cas held on <ugust th, #%"# in +C+#%"#2%.3%,
    and +C+#%"#%79&%, the latter at Chich 6eslie set a /rial date of *eptemAer "&th, #%"# despite his
    legal assistant 6inda @ray admitting to Coughlin that Coughlin Cas provided no notice Chatsoever of
    the <ugust th, #%"# hearing date in those cases) <lso, Dogan and 6eslie again violated N+* "7&)4%.
    on $ctoAer #nd, #%"# Chere tehy reset for $ctoAer 3%th, #%"# a 9otion 8earing on DD< >oung4s
    impermissiAle 9otion to <mend the Complaint in +C+#%"#2%.3% (si1 months after the arrest, no
    specific facts pled in either to support either charge, really') 0urther, Dogan failed to alert Coughlin in
    any Cay to the fact that, in his Buly 3"st, #%"# 9otion to <mend Criminal Complaint, DD< >oung
    attempted to, in violation of +;C 3)&, amend the Dmisue of emergency servicesD charge (Chere
    Coughlin is accused of using 9"" to report police misconduct' to a charge that Could provide the
    District <ttorney more leverage against Coughlin, a retaliatory prosecution, for a crime that Could
    damage Coughlin4s laC license given the import of *C+ """(', despite DD< >oung lac5ing proAaAle
    cause to so amend his charge) Dogan and >oung previously conspired to retaliate against Coughlin
    incident to their Dclandestine status conferenceD of 0eAruary #7th, #%"#, Chich Eust so happened to Ae
    the date that Coughlin filed a Notice of <ppeal in his case against ?ashoe 6egal *ervices %3%# and
    the date that Budge ?illiam @ardner transferred Eurisdiction from +9C D" Budge DilCorth to +9C
    D3 Budge Nash 8olmes in "# C+ %%%9, a case Chere Coughlin Cas suAEect to a custodial arrest for
    EayCal5ign on Banuary "#th, #%"# incident to Coughli4s peacefully filming +ichard @) 8ill, (s3)4s
    contractor4s creC from a puAlic sideCal5, disposing of property left at Coughlin4s former home laC
    office due to 8ill loc5ing a gate thereto during the time Coughlin Cas afforded to remove such
    property and Chere 8ill had Aoarded up on of the entrances to the property as Cell, in addition to
    remove the only ladder to the
    4!.
    upstairs attic!storage space at the property) $n 0eAruary #7th, #%"# in "" /+ #&%% Budge Nash
    8olmes told Coughlin she Could have him throCn in Eail if he mentioned +ichard @) 8ill4s name one
    more time) $n Banuary 3"st, #%"#, at an e1tension hearing on the /;$ +ichard 8ill received against
    Coughlinf or Coughlin4s alleged EayCal5ing on Banuary "#th, #%"#, +BC Budge *chroeder roared at
    Coughlin Ddo you Cant to go to Eail_D Chen Coughlin Aroached the suAEect of 8ill4s aAuse of process)
    Budge *chroeder is listed in the +BC doc5et as presiding over the 0eAruary #7th, #%"# Dclandestine
    status conferenceD that ultimately resulted in Budge Clifton signing the $rder for Competency
    (valuation) 7t is unclear if any actual hearing Aefore a Eudge even too5 place that day, hoCever)
    .!.
    - 378-
    1
    2
    6ocal Eudges seem to dutifully report some far flung applications alleged violations of *C+4s related
    to the media and reporters vis a vis hunches they have aAout Chether an attorney is recording the
    proceeding (Chich is in the puAlic record' or has Drecording devicesD in his poc5et, yet violations of
    N+* "7&)4%. seem to receive scant application of Canon #)".)
    Zach has 7 files to share Cith you on *5yDrive) /o vieC them, clic5 the lin5s AeloC)
    " 4 "# %#%4 "7%& %3#& <ppeal +eceipt tiff and *upplemental Bustice Court
    ;roceedings)pdf
    "# #" "" "7%& %3#& $rder +esolving Contest ;roperty 6ien N$ N:9B(+*)pdf
    3 3% "# %#%4 %3#& $rder Denying Coughlin4s <ppeal of *ummary e)ict ion $rder)pdf
    "% "3 "% transcript of 9otion to *tay e1ecution of summary e)ict ion order -enetian v
    /Co +oads compare to %33" %#%4)pdf
    & #3 "# %#%4 Complaint *BN v Coughlin stamped Af)pdf
    "" "4 "# %#%4 /ranscript of 8earing Cith 7nde1 "7%%%&ch20ull)pdf
    "# "4 "# stamped %#%4 $rder Ay Chair (cheverria 0indings of 0act Conclusion of 6aC
    see5ing to disAar Coughlin AI no line numAers)pdf
    "% "7 "" emergency motion to stay summary e)ict ion "7%& etc) %33" <ND "3&3
    C$:@867N - 9(+67** #4% "7%& #&%% %#%4)pdf
    "% "7 "# Coughlin4s (mergenc 9otion commercial tenant no cause forAidden %#%4
    "7%& %33" "3&3 %#%423)pdf
    "% "& "" %#%4 "7%& mar5ed received Ay +BC Dreme *mith Coughlin4s N$tice of
    <ppeal of "% "3 "" *ferraIIa $rder after summary e)ict ion hearing %3#& divests +BC
    Eurisdiction)pdf
    "% "& "" Notice of <ppeal divesting +BC of Eurisdiction C-""2%3#& (N/7+( (06(U
    C$9B7N(D 0$+ <;;(ND7U 7N %33" <ND "3&3 C$:@867N - 9(+67**
    #4% "7%& #&%% N@"#2%#%4 B0)pdf
    "% "9 "" Aa5er letter to clifton emergency inspection Cith "% #% "" sferraIIa note order
    have p draft order Cill isgn it "7%& %#%4)pdf
    "% "9 "" Bustice Court Civil <ppeal cv""2%3%." couglhin v merliss "7%& %#%4 )pdf
    "% # "" %#%4 %3%." "7%& %3.#& ;urdy mar5ed as received Ay 9) ;urdy 9tn and
    <ffid proceed on appeal 70; 9erliss v Coughlin e)ict ion)pdf
    "% #7 "" to "" # "" 9otion to *tay C-""2%3%." %3"# "7%& emails to efle1 purdee
    #4%. %33" purdee)pdf
    "% #7 "# emails on %3%." emergency appeal mayAe a motion for stay "7%& #4%.
    %3"# conyers orduna Cdc %#%4 purdy)pdf
    "% #7 "# emails on %3%." emergency appeal mayAe a motion for stay "7%& #4%.)pdf
    "% #& "" "%4& am email to ;urdy mpurdy`Cashoecourts)us %3%." appeal motion for
    stay compare %3"# %#%4 %33" "3&3)pdf
    "% #& "" "%.4pm email to efle1 and courtadmin`Cashoecourts)us %3%." %3"# %#%4
    "% ;<@(*)pdf
    "% #& "" %3"# motion and affidavit for ifp attached to from "% # "" civil suit merliss
    mar5ed as received Ay 9) ;urdy 9tn and <ffid proceed on appeal 70; 9erliss v
    Coughlin e)ict ion)pdf
    - 379-
    1
    2
    DoCnload
    all
    <lso, as to the summarily denied applciations for /;$4s Ay Coughlin (one on #!"%!"# or
    thereaAouts against +BC Bailiff +eyes, transferred to *par5s Bustice Court (Chich Aegs the 3uestion
    Chy "#2.99 ?ashoe County v Coughlin Cas not transferred to *BC, or to a Court outside ?ashoe
    County' and the tCo different /;$4s Coughlin re3uested against 6eslie (in, in Court on &!#9!"# in ""2
    %334" to Chich Budge *ferraIIa angrily reAu5ed Coughlin' and another, filed stamped "#!"&!"# an
    hour Aefore the /;$ <pplication for 6eslie Ay DD< ?atts of "#!"&!"#, in "#2.9&, Chich Budge
    *chroeder summarily denied (odd that Budge ;earson rules on "#2.99, Chile Budge *chroeder rules
    on "#2.9&, Chere such applications Chere filed Cithin an hour of each other')
    6eslie has often threatened Coughlin Cith aAuse of process, in violation of his duty to his then
    client Coughlin, sometimes in an attempt to dissuade Coughlin from see5ing to introduced
    e1culpatory video evidence in ""2%334" (often in conEunction Cith 6eslie attempting to deprive
    Coughlin of his involaAle 0ifth <mendment +ight to decide Chether or not to testify, ta5e a plea,
    suApoena Citnesses, etc)') /his 3uestionaAle practice Ay 6eslie also included 6eslie telling Coughlin
    Budge *ferraIIa Could punish Couglhin for pointing out apparent +;D misconduct in ""2%334" on
    &!#9!"# during the *upression 9otion 8earing, and in the folloCing emails:
    Q+(: Bim 6eslie is a scrappy dude +(: Coughlin Q
    0rom: 6eslie, Bim (Bleslie`Cashoecounty)us' /his sender is in your safe list)
    *ent: 0ri "#!"4!"# 9:4. <9
    /o: Zach Coughlin (Iachcoughlin`hotmail)com'
    9r) Coughlin:
    < hearing has Aeen set for /uesday DecemAer "&, #%"3, at &:3% am in +eno
    Bustice Court, at Chich Ce Cill as5 to Ae relieved as counsel in the remaining case
    you have Cith this office, +C+"#2%79&%, Aased on, among other things, ("' your
    prior e1pressed desire to represent yourself and (#' your email to myself and
    several other recipients, including state Aar attorneys, !hich contains an e'press
    or impied threat of )ioence) 7f you fail to appear at the hearing, the relief Cill
    Ae re3uested in your aAsence upon the grounds stated aAove) If you choose to
    agree to sef%representation !ithout argument, the second a#o)e%noted
    reason may or may not rise to the point of discussion, athough I !oud note
    that the emai you sent !ith the e'press or impied threat !as disseminated
    #y you to se)era recipients incuding representati)es of the Ne)ada State
    *ar, there#y #reaching confidentiaity #y your o!n action,
    - 380-
    1
    2
    ;ending the hearing, there is no reason for us to meet in person or communicate
    Ay any means) (ny communications from you pending the hearing !i #e
    deemed to #e made in !ai)er of attorney%cient pri)iege and are su#6ect to
    for!arding to the Ne)ada State *ar and2or a! enforcement as appropriate
    pursuant to Ne)ada -ue of Professiona Conduct /,B$c&)
    Bames B) 6eslie, (s3), Chief Deputy ;uAlic DefenderY
    Consider also, as attached in (1 " to the /;$ application of "#!"&!"# in "#2.99:
    Q0rom: 6eslie, Bim (Bleslie`Cashoecounty)us' /his sender is in your safe
    list) *ent: ?ed "#!"#!"# 4:## ;9 /o: 4Iachcoughlin`hotmail)com4
    (Iachcoughlin`hotmail)com' 9r) Coughlin: Based on your Aehavior at our
    offices on several past occasions, incuding today !here !e had to ca
    the poice due to you engaging in #eha)ior constituting distur#ing the
    peace, you are hereAy directed N$/ to come to our offices Cithout first
    having confirmed in Criting an appointment Cith your assigned attorney) 7f
    you violate this email notification, Ce Cill contact laC enforcement) Bames
    B) 6eslie, (s3) Chief Deputy ;uAlic DefenderY
    QDoCnload as Iip
    9"" Case 6eslie, Bim (Bleslie`Cashoecounty)us'"#!%7!"# /o:
    4Iachcoughlin`hotmail)com4 Cc: Dogan, Biray 0rom: 6eslie, Bim
    (Bleslie`Cashoecounty)us' /his sender is in your safe list) *ent: 0ri
    "#!%7!"# 9:"& <9 /o: 4Iachcoughlin`hotmail)com4
    (Iachcoughlin`hotmail)com' Cc:Dogan, Biray
    (BDogan`Cashoecounty)us' $utloo5 <ctive -ieC " attachment (#)# 9B'
    Coughlin Discovery 9"" Case)pdfDoCnload DoCnload as Iip
    9r) Coughlin: <ttached are the discovery materials in the aAove2
    referenced case that you had re3uested and Ce had made an additional copy
    of for you in response to your re3uest) ;lease note that the Buly #7, #%"#,
    cover letter Cas for your pic5 up and you never pic5ed it up) Note also that
    the Buly #7, #%"#, pac5et encloses a copy of the <pril "7, #%"#, hand
    delivery transmittal of the very same documents Chich you received) *ince
    Ce have Aeen removed from the 9"" case, Ce are closing our file) /he
    attached materials Cere sitting at our front des5) *ince you failed to retrieve
    them , Ce provide the attached courtesy copy Aefore final closure of our file)
    No response to this transmittal is re3uired from you) Bames B) 6eslie, (s3)
    Chief Deputy ;uAlic DefenderY
    7t is 3uite oAvious that ?ashoe County put a Chief Deputy ;uAlic Defender on three of
    Coughlin4s misdemeanor case to limit potential County liaAility rather than actually defend
    Coughlin) Coughlin has never Aeen provide a reason for @oodnight Aeing suddenly ta5en off his
    - 381-
    1
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    case minutes Aefore the 7!"!"# trial in ""2%334") 0urther, the hearing in "#2%79&% Cas not
    properly noticed, Coughlin4s shoCing up to it fails to e1cuse that fact, Coughlin did not Caive his
    rights as to those insufficiencies, Aut rather asserted them, and therefore 6eslie should not have
    Aeen granted an $rder alloCign his ?ithdraCal (Chich he attempted to coerce a consent to from
    Coughlin, and all of this is rather supsect considering the timing))))the County gets to force
    Coughlin to self represent after the ?C;D saAotaged his case in ""2%334" and "#2%.3% Eust as
    much as it possiAly could, and only then, on "#!"&!"# in an unnoticed (no "% days to responde for
    Coughlin, and ?CD< DD< >oung Casn4t even there' hearing Aefore, again, Budge Clifton, 6eslie
    is permitted to CithdraC)))very similar to Clifton, on ""!#%!"#, Eust Aefore a short hearing in "#2
    %.3%, Chile Coughlin Cas vieCing 6eslie testify in some ineffective assistance of counsel
    dmage to former client4s immigration status hearing also Aefore Budge clifton)))Budge Clifton
    actually said that he found 6eslie4s initial lac5 of certainty during his initial testimony as to
    Chether he informed his client of the sentencing enhancement conse3uences of her charge prior to
    her entering a plea agreement stemming from :nited *tates v) 6opeI2;astrana, #44 0)3d "%#.,
    "%#7 (9th Cir)#%%"', comAined Cith 6eslie4s suddenly Aecoming more certain that he did, in fact so
    Carn his former client thereof upon it Aecoming more oAvious the malpractice possiAilities
    attendant to his failing to do so, as a Aasis for finding 6eslie4s testimony to Ae more credible than
    his former client0s, rather than providing an inference that $eslie0s sudden remebering that he so
    warned his client of the immigration conse;uences to be rather suspect given the obvious self
    protection utliity inherent to his doing so-
    7n fact, upon Aeing removed as counsel in ""2%334", 6eslie apparently attempted to hide
    from Coughlin the fact that the (C$99 recordings AetCeen the +;D and (C$99 dispatch
    actually revealed a failure to propound Brady material and failure to appropriately responde to
    @oodngiths "#!"9!"" discovery re3uests for such records (+;D 8arriet /ruman4s Critten response
    failed to address (C$99 recordings of Chat dispatch told the +;D, Chich Aecamse of salient
    relevant in ""2%334", and ultimately shoCed that +;D Duralde4s and DD< >oung argument and
    testimony as to the Qreports from dispatch of a possiAle fightY allegedly received Ay Duralde and
    his tCo felloC officers that night (such reports Cere not received Ay the +;D as the officer Cere
    out of their vehicels and on scened at the time the one te1t (comm log Cas sent to their in car
    screens only' Cere not 5noCn to Duralde et al, and therefore, a fraudulent assertions of 5noCledge
    thereof Cas made to Auttress the reasonaAle suspicion and proAaAle cause analysis integral to the
    *tate4s prosecution therein) 6eslie suApoened (C$994s Gelley ?ood on "%!3!"# for such
    recordings, and more than the ". days Ay Chich she Cas re3uired to respond passed Aefore 6eslie
    Cas granted his CithdraCal on "%!##!"#, hoCever, 6eslie persisted, as evinced in the email AeloC,
    in refusing to turn over the (C$99 dispatch to and from +;D recordings re3uired to Ae
    produced Ay such suApoena) 6eslie continuously revealed a vindictive, self interested strea5 a
    mile long in his dealings Cith Coughlin)
    Q+(: Gelly $dom!(C$99 suApoena duces tecum, please email materials produced and other
    materialsF 6eslie, Bim (Bleslie`Cashoecounty)us' ""!%"!"# /o: Zach Coughlin 0rom: 6eslie,
    Bim (Bleslie`Cashoecounty)us'
    *ent: /hu ""!%"!"# "#:%% ;9 /o: Zach Coughlin (Iachcoughlin`hotmail)com'
    9r) Coughlin: <s indicated in the transmittal 7 sent Cith the ;D0 attachments, 7 attached the
    Critten documentation in ;D0 format) /hatRs your Qdigital transmittalY) The other materias are
    - 382-
    1
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    dis"s and coor photographs in tangi#e form) Bames B) 6eslie, (s3) Chief Deputy ;uAlic
    DefenderY
    None of the discs 6eslie ultimately turned over contained any (C$99 recordings Aeyond
    the 9"" calls (ie, none of the recordings AetCeen the +;D and dispatch!(C$99 that Could reveal
    one Cay or another Chen and Chat the +;D Cas informed of in responding to the scene on
    &!#%!"" incident to Coughlin4s defense in ""2%334"') 7t Cas only upon the *tate turning over
    such recordings (Cay too late in the game to avoid preEudicing Coughlin4s defense, Chere such
    Cas turned over Ay the ?CD<4s $ffice on ""!.!"# (+C< *5au turned over some recording that
    contained material ommission on ""!"3!"#)))and see the impermissiAle, insufficieny notices,
    perhaps fraudulent assert of *5au4s incident to the ""!&!"# e1 part hearin in ""2%334" and Budge
    *ferraIIa4a ""!&!"# /+$ (to Ae fair to *5au, Budge *ferraIIa4s ""!&!"# $rder does seem to alloC
    for service on Coughlin Ay email of a motion to contest to sufficiency of &oughlin0s own service of
    subpoenas----though Budge *ferraIIa, on ""!"9!"# reEected any assertion that he had made such an
    order alloCing emailed service upon Couglin)))Aut pointed out that it Cas a good thing Coughlin
    had shoCn up anyCays to the ""!"3!"# hearing, as Budge *ferraIIa Could have ruled against
    Coughlin Cithout Coughlin4s having had an opportunity to Ae heard had he not shoCn up, in an
    echo to Budge Clifton4s QAut your4re here_Y argument upon Coughlin pointing out the insufficiency
    of notice as to 6eslie4s (mergency 9otion to ?ithdraCal as counsel on "#!"&!"# in "#2%.3%
    (Chich, Ay the Cay failed to addres the 9otion Coughlin filed therein, unopposed Ay either 6eslie
    or DD< >oung, on "#!3!"#, Chich should under DC+ "3(3' and or ;ol5 v) *tate result in a
    dismissal of "#2%79&% as Cell)
    6eslie4s coercive threats of aAuse of process to Coughlin is further evinced
    in the folloCing, Chich provides support for Coughlin4s oCn application for
    a /;$ against 6eslie:
    Q0rom: Zach Coughlin Lmailto:Iachcoughlin`hotmail)comM
    *ent: /hursday, NovemAer %", #%"# 3:"4 <9
    /o: 6eslie,
    Bim= davidc`nvAar)org= patric55`nvAar)org= fflaherty`dlpfd)com= compla
    ints`nvAar)org
    *uAEect: +(: Coughlin: ;etit 6arceny case 22 8and2$ff /ransmittal Bim, 7
    Cill give you an opportunity to retract or fully e1plain your statement in
    your last correspondence to me, Cherein you Crote: D@iven your past
    statements to me, 7 Aelieve 7 should also Carn you of the possiAility of
    applicaAility of Nevada +ule of ;rofessional Conduct 3)3) 7n that regard,
    please recall that during a meeting AetCeen you and 7 in one of the
    intervieC rooms at +eno Bustice Court during trial on 9!.!"#, you suggested
    to me that 7 alter the video recording of your interaction Cith the police
    officers in the petit larceny case) 7 told you 7 cannot do that) >ou Aecame
    irate and argumentative and as5ed Chy 7 could not do it, and 7 told you it
    Could Ae unethical) 7 raise this issue in this email transmittal to reiterate
    - 383-
    1
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    Chat 7 have had to tell you more than once in this case, that is, 7 cannot and
    Cill not assist you in alteration of evidence or other commission or
    attempted commission of fraud upon the court) *hould 7 oAserve you
    attempting to do so during the resumed trial, currently set for NovemAer "9,
    #%"#, as noted aAove, 7 Aelieve 7 Could Ae re3uired under Nevada +ule of
    ;rofessional Conduct 3)3 to advise the Court)D 7 don4t 5noC Chat is
    funnier, Bim, the accusation that 7 Could somehoC vieC you as tech savvy
    enough to Chip up some video editing on the spot Cith Dthe county laptopD
    Chich Dta5es a little Chile to Aoot upD, or the suggestion that 7 Could Ae
    stupid and rec5less enough to attempt to encourage you to commit some
    vague misconduct, you Chom 7 cannot stand and Chom clearly Cants
    nothing Aut the Corst for me) *ure, Bim, sure) 7 get it Bim, you have had a
    chance to read the 9emorandum 7 suAmitted, Chich painsta5ingly dissects
    your misconduct, and you are panic5ing, doing damage control, reverting to
    your tried and true threatening of your indigent criminal client4s
    routine))))ne1t, you Cill attempt to have a Aailiff lean on your client Cith
    some intimidation tactics, proAaAly have him threaten to Dput my foot up
    your assD as you did Cith Bailiff +eyes on $ctoAer &th, #%"" at the +BC)
    7 consider your aAove Criting to Ae an inappropriate threat, and Aeyond
    inaccurate) Bim, if there Cas a transcript of these conversations you refer
    to, and one compared them to your aAove statements, Could your conduct
    Ae ethical or even legalF By DalterD, Chat e1actly do you mean, BimF <re
    you referring to the D"% minute Area5D Chere you need to DAoot up the
    county laptopD "% minutes Aefore lunch, Chich Budge *ferraIIa granted you
    so you could Ddo some trial prepD (mid2Cay through the trial, Chereupon
    you Cere going to vieC, for the first time, apparently, the video of the
    arrest, especially given your early foul ups on the record Cherein you failed
    to recogniIe the difference AetCeen the e1tortionate threats made Ay
    $fficer +osa from those made Ay $fficer Duralde)))then, during that D"%
    minute Area5D you proceed to do something other than Chat you told Budge
    *ferraIIa the Area5 Cas for)))instead of revieCing the e1culpatory video,
    you tal5ed to the *tate Bar of Nevada on the phone and received
    confidential information related to Geith 6oomis4s representation or lac5
    thereof of myself)))7 as5ed you Chether you had any authority for your
    position that the videos of the arrest, and other investigatory videos 7
    capture had to Ae suAmitted or presented to the court in their entirety (some
    of the videos are 3uite long)))you Couldn4t 5noC Bim, Aecause you have not
    vieCed them))))') >ou, of course, Aecause you never have any citation for
    - 384-
    1
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    anything, instead proceeded to attempt to ma5e some lame threat accusing
    me of some giAAerish, in that classic Bim 6eslie, C><, fau1 sincere,
    hyperpretentious delivery of yours that is so very grating)))) Don4t have
    time to go into all the misrepresentations you ma5e in your email AeloC)
    Bim, Chy don4t you Eust email me the dispatch tapes, you 5noC, as that is a
    very material issue in this matter) /his is especially true Chere the +;D
    and DD< >oung have seemingly come up Cith this Ddispatch reported to
    the officers a possiAle fightD despite the fact that the dispatch logs mention
    only a DdisturAanceD at first, then 0urther, Duralde4s *upplemental
    Declaration (the one he filed the day after the arrest, not the Narrative he
    filed 3 months later Chen the +;D found out the arrest had Aeen captured
    on tape Ay Coughlin)))its a great video, Bim, you should Catch it
    sometime))))': Dreport of a larceny of a cell phone at that location) Dispatch
    relayed information that the victim had set his phone doCn and that he Cas
    noC calling the phone and 7t Cas lighting up 7n the suspecfs poc5et) /he
    suspect Cas descriAed as a Chite male adult, 3. years of age, 4%#D,#"% 7Aa,
    Cearing a red Chicago hat and a Chite or yelloC shirt and plaid shorts)
    Dispatch also relayed that the suspect Cas still on scene)D /hen, on page
    tCo of DD< >oung $pposition to the 9otion to *uppress (the one Chere
    you guys failed to preserve arguments related to the impermissiAlity of a
    search incident to arrest Aased upon Chat remained of the facts should your
    suppression motion Ae granted as it related to the pat2doCn alone', DD<
    >oung seems to come out of noChere Cith this Dreport of a possiAle fightD
    stuff, Chich, conveniently, really helps in the Chole Dneed for articulaAle
    facts supporting a reasonaAle suspicion!pat doCn or proAaAle cause!search
    incident to arrest analysis)))$n page . of his $pposition, DD< >oung drives
    the point home: D7n the instant case, the pat2doCn search of the Defendant
    Cas proper under the totality of the circumstances) 3 ;rior to arriving,
    $fficer Duralde learned that the scene involved a loud disturAance Cith
    possiAle fight, thereAy immediately raising the concern of Ceapons and the
    safety of all those present ) /his is Eust one factor for this Court to consider)
    :pon contacting the Defendant, he Aecame uncooperative and challenged
    $fficer Duralde that there Cas not enough information for a detention) /his
    is Eust one factor for this Court to consider) :pon contacting the Defendant,
    he Aecame uncooperative and challenged $fficer Duralde that there Cas not
    enough information for a detention ) /hereafter , in response to $fficer
    Duralde4s in3uiry Chether the Defendant had 9r) @oAle4s phone, the
    Defendant as5ed if he had the right not to ansCer the 3uestion) ?hile the
    - 385-
    1
    2
    Defendant arguaAly can choose not to ansCer such a 3uestion, this
    response, along Cith his general attitude, demeanor, and reaction, certainly
    can Ae considered Ay this Court Chen addressing the reasonaAleness of
    $fficer Duralde "s concern for his and others l safety ) 7t is important to
    note that there Cere multiple people on # scene, any of Chich could Ae
    suAEected to inEury or death if the 3 Defendant had a Ceapon ) :pon
    arrival , the Defendant and a group of 4 people (including 9r) @oAle' Cere
    on scene, and Cith the allegation that the Defendant had stolen a phone
    Aelonging to a person of said group, emotions Cere high and a physical
    fight could have erupted) <gain, such factors should Ae considered Ay this
    Court Chen & determining the reasonaAleness of the pat2doCn search)D
    But Chere is the support for this Da possiAle fightD suggestionF 7ts not in
    the discovery produced to me) *o, hoC aAout those dispatch tapes, huh,
    Bim) Gelly $domF ;lease email them to me, 7 don4t Cant you trying to Eam
    me up so close to trial Cith some non2sense aAout hoC some Alan5 or
    scratched cd you gave me Cas the Donly copyD your office had) 7 5noC
    you Cell, Bim) *o, seeing as hoC you finally served a suApoena duces
    tecum on Gelly $dom!(comm! 9"" dispatchers, so Ce can finally hear the
    dispatch tapes, and see if any DpossiAle fightD Cas mentioned, Chy don4t
    you go ahead and email me those audio files (and audio files are mercifully
    small compared to video files, Bim, yet 7 have managed to send you reams
    of video files via email)))') <lso, 7 need the audio of the aAorted /rial in
    this matter that Cas held on 9ay 7th, #%"# (despite the fact that Budge
    (lliot did not sign the $rder finding Coughlin Competent, and therefore
    ending the period in Chich Dall proceedings must Ae stayedD re3uired Ay
    N+* "7&)4%., until tCo days later, on 9ay 9th, #%"#) *o you guys Cere
    going to Eam me into a /rial Chile there Cas a pending $rder for
    Competency (valuation, Eust days after my getting out of Eail, Chere my
    medication Cas Crongfully Cithheld from me (and some medications
    should not Ae ceased or started to aAruptly', Chere 7 spent & days due to the
    lies of the 6a5es Crossing evaluators and the misconduct and malpratice of
    your protege, Biray Dogan, Chom proceeded to read my confidential
    medical information into the open, puAlic record, in front of 4% or so
    memAers of the puAlic))))a transgression Chich 9r) Bosler saC no need to
    attempt to have stric5en or corrected) B:/ /$ 9( C6(<+, B79)))7 5noC
    @oodnight orderd a copy of the 9ay 7th, #%"# aAorted /rial, that occurred
    during the pendency of an $rder for Competency (valuation) 7 do not have
    a copy of that B<-* audio, nor do 7 have a copy of my arraignment in
    - 386-
    1
    2
    rcr#%""2%334") >ou guys don4t even get Ailled for these and yet you have
    denied them to me, until you got Cind of the fact that 7 Cent and got my
    oCn, then you come up Cith you fau1 offers to provide me copies))))-ery
    clever) Bim, the +BC severely limits my access to the files, so you are not
    entitled to ma5e any assumptions that alleviate your duty to provide me
    copies of filings, access to my file, etc) 0urther, 7 see that 6inda @ray filed a
    re3uest for the audio of the $ctoAer ##nd, #%"# 8earing, and 7 Cant a copy
    of it, so please email it to me, and
    also provide a hard copy) 7ts not roc5et science copying a CD, Bim, and it
    doesn4t ta5e ages, either) >ou rememAer the $ctoAer ##nd, #%"# 8earing,
    right, Bim)))the one Chere you can Ae heard on the record telling me Dyou
    are going to failD and Dyour4re disintegratingD and ma5ing more of your
    threats aAout hoC 7 attempt to advocate on my oCn Aehalf the Budge Cill
    put me in Eail, etc),etc)F >eah, 7 need a copy of the copy your office got of
    that hearing) ?ith the Aits Chere you tell the Budge Dhe (Coughlin' doesn4t
    get to dip into our money, no one centD in your e1plaining your refusal to
    suApoena material Citnesses or send out suApoena duces tecums (odd,
    Aecause the +;D doesn4t seem to charge you guys for those))))yet you never
    sent one to (C$99 until Cell over midCay through the trial, Chy is that,
    BimF') *ee, Bim, it Cas professional misconduct for you to spend your entire
    cross2e1amination of Cory @oAle trying to estaAlish a citiIen4s arrest Cas
    effectuated, and therefore help the police and the *tate overcome the fact
    that $fficer Duralde cleary overcharged the crime as a felony in an attempt
    to game the system and get around the Chole statutory dictate against
    officer4s ma5ing custodial arrest (and therefore Aeing permitted to conduct
    searches incident thereto' for misdemeanors, allegedly committed after 7
    pm and outside the officer4s presence (unless a citiIen4s arrest is
    immediately effected') >our cross Cas pretty good Cor5 for a prosecutor,
    Aut you get paid to fulfill the *i1th <mendment Bim, not throC retaliatory
    tiIIy fits) >our failure to in any Cay utiliIe the 9"" call tapes and videos
    Coughlin too5 of the moments prior to arrest (Chere the youths admit they
    are trying to steal Coughlin4s Ai5e and his dog, to teach him a lesson)))not to
    DdetainD him or effect a DcitiIens arrestD (it almost seemed li5e DD< >oung
    had you ma5e the arguments he Canted to ma5e, Aut 5neC Could Ae
    unethical for him to ma5e, or Could e1pose other glaring Cea5nesses in his
    case, and in that Cay, you tCo really ma5e Aeautiful music together, Bim')
    /hen there is the fact that Coughlin himself called 9"", and that Coughlin
    is heard on the video4s prior to the police arriving encouraging the hostile
    - 387-
    1
    2
    gang of late teens, early tCenties s5ateAoarders to remain peaceful, and
    Cait for the police to arrive, so the matter could Ae handled civily (and not
    lead to anyone dying, as Coughlin referenced the tragic death of a #. year
    old man intervening in a purse snatching of that Cas in the neCs Eust
    months prior to the <ugust #%th, #%"" arrest in this matter +C+#%""2
    %334")))really, Bim, you should Eoin us at the NovemAer "4th,# %"" Aar
    hearing in N@"#2%#%4, as the *C+ "%. Complaint saC fit to ma5e this
    pending criminal charge a Aasis for a professional misconduct hearing) 7n
    the meantime, Chy don4t you send me the digital transmissions that Budge
    *ferraIIa ordered, and not hide Aehind some Dthere4s not enough time to
    ma5e copiesD non2sense) +ight, Bim, you are really going to give me your
    only copies of things) :h2huh) >ouF Bim, youF Bim, you spend all day
    covering your ass, so please) Besides, the Budge did not rule that 7 have to
    pic5 up some Ao1 of stuff, and sign some document Chile Aeing harassed
    Ay you, attesting to the contents of long pieces of digital media (Chich 7 am
    sure you Cill oAEect to me Catching right there in your office') /hat is the
    Aeauty of the digital transmission, Bim) 9ayAe the ?C;D Cill need to get
    itself a *5ydrive, they are free, Cho 5noCsF <ll 7 5noC is 7 have made far
    less money than you this year Bim, and done the lion4s share of Cor5 on this
    case (Cith lots of e1tra Cor5 added Ay your misconduct', and 7 have found
    your Cor5 on this matter to Ae amongst the most distasteful 7 have ever
    seen Ay an attorney) *o, noC that 7 5noC that your office did suApoena
    Gelly $dom (she shoCed up to /rial, yet you 5ept that secret from me, in
    addition to the suApoena duces tecum you sent her, really late in the game,
    on $ctoAer 3, #%"#) <lso, you do realiIe that +;D $fficer Duralde4s Cife
    Cas on duty that night Cor5ing as a dispatcher for (C$99, rightF Bessica
    Duralde, and Chat dispatch told the +;D that night has Aecome a material
    issue in this case) >et, the ?C;D Cas satisfied Cith Cas the +;D gave
    them and didn4t send a suApoena duces tecume out to (C$99 until after
    the /rial Could have Aeen over already, had it not Aeen for hoC tenacious
    that Coughlin is) 0inally, Bim, you might Cant to reconsider your
    analysis respecting your purported failure to suApoena Citnesses after
    revieCing the attached, as you Crote: D7 have not suApoenaed Citnesses to
    the NovemAer "9, #%"#, resumption of trial Aecause ("' contrary to your
    assertions, no Citnesses appear to have crediAle and persuasive prospective
    testimony to help your case, in fact most of the Citnesses you have insisted
    on calling at trial appear to have prospective testimony harmful, not
    helpful, to your defense, (#' the Citnesses you have demanded Ce suApoena
    - 388-
    1
    2
    and have testify appear to actually have prospective testimony contra to a
    finding of not2guilty, and (3' 7 already oAtained several points through cross
    e1amination of Zurate, Duralde, and @oAle that you re3uested and that are
    crediAle and potentially persuasive points in favor of your defense (please
    recall your comments to me during the first day of trial, Q7 li5e Chere you
    are going Cith this ) ) ) ) Q')DY
    /hat coercive threat Ay 6eslie to alleged to the *BN some phoney accusation against
    Coughlin suggesting Coughlin told 6eslie to QalterY video evidence (6eslie indicated any such thing
    Cas evidence of Coughlin4s lac5 of fitness to practice laC in an apparent misunderstanding of the
    import of the decision in *ierra @lass (Conduct of counsel in omitting portion of deposition Chen
    deposition is read into record, and
    giving impression that entire document is Aeing proffered, resulting in Auttressing of his
    party4s position is fraud on the court Carranting the imposition of sanctions) *up)Ct)+ules,
    +ules "7#, "7#, suAd) "(a, d') *ierra @lass N 9irror v) -i5ing 7ndustries, 7nc), "99", &%& ;)#d
    ."#, "%7 Nev) ""9, rehearing denied'' 6eslie misstament and confusion of the interaction AetCeen
    the e1cuplatory video evidence Coughlin Cish to have 6eslie introduce or utliIe in some Cay
    (including to impeach all of the *tate4s Citnesses in ""2%334"' prior to Aeing forced to ma5e his
    decision Chether to invo5e his 0ifth <mendment +ights or Not (and really, also incident to the
    decision of Chether to accept the plea or go to trial' is contained in the folloCing email from 6eslie
    to Coughlin (to Ae clear, a criminal defendant has not duty to offer any incriminating evidence, and
    regardless, Coughlin ultimately sought to introduce the entirely of all videos, Cithout any editing,
    Aut Budge *ferraIIa largely refused to so admit such materials Aased on either relevancy or hearsay
    grounds, Aut the *ierra @lass case should have indicated to 6eslie that a criminal defendant attorney
    does not have some oAligation to play the entire video, under +;C 3)3, if he feels some portions of
    it are not useful, or even if they Could Ae preEudicial or incriminating, Chere such criminal
    - 389-
    1
    2
    defendant attorney (or his counsel, as they case Cas there' did not give the Qimpression that the
    entire document is Aeing proferredY':
    Q0rom: 6eslie, Bim *ent: 9onday, $ctoAer #9, #%"# #:"7 ;9 /o:
    Iachcoughlin`hotmail)com *uAEect: Coughlin: ;etit 6arceny case 22 8and2$ff
    /ransmittal 7mportance: 8igh 9r) Coughlin: /his transmittal is protected Ay
    <ttorney2Client Confidentiality) 8oCever, dissemination of any 5ind of the
    contents hereof or of any of the attachments hereto may effect a Caiver of such
    Confidentiality, as you have Aeen previously advised in prior emails and as you
    5noC from your legal training) /ransmitted hereCith as attachments are file
    materials Chich are transmitted as courtesy Qhand2offY transmittal from us as
    assigned counsel of record to you as court2permitted self2representing defendant,
    for purpose of assisting you in your preparation for resumption of trial in the ;etit
    6arceny case currently scheduled for NovemAer "9, #%"#, at &:3% a)m), and as to
    Chich date you have Aeen previously advised via :* 9ail, email notice, verAal
    notice, and as you have previously ac5noCledged Aeing advised of in prior
    proceedings in open Court) /he attachments themselves shall serve as inventory
    of the materials transmitted hereCith) <dditionally, as courtesy and as
    memorialiIation of various issues, please note the folloCing: ;lease note that
    there are also several computer discs!D-DRs containing video and!or audio on
    them, as Cell as a set of color2printed photographs Chich Ce had prepared in
    response to your *eptemAer #%, #%"#, email to us, that Ce Cill produce in
    tangiAle form separate and apart and in addition to this email transmittal) >ou Cill
    need to pic5 those items up from our office and sign a receipt) < copy of that
    receipt is attached hereto as a ;D0 attachment, titled +eceipt of Documents)
    ;lease email me Chether you are availaAle "%!#9!"# or "%!3%!"# for pic52up of
    the additional documents and 7 Cill arrange to Ae present Cith an e1ecutaAle
    receipt for your signature) *aid receipt is necessary in part Aecause the materials
    listed in the +eceipt of Documents cannot Ae reproduced on short notice, in an
    effort to ensure you receive them Cell Aefore the resumption of trial, and to avoid
    dispute as to Chat materials Cere handed over to you) 7 note that you and the
    Court confirmed at the last hearing that you have already directly received copies
    of the B<-* audio recordings of proceedings from the Court, so Ce are not
    producing those in duplicate) 7ncluded in the attached ;D0 transmittals are copies
    of clean, unredacted discovery materials from the *tate, copies of those materials
    Cith redactions, and our transmittal letter to you including redacted copies of the
    discovery materials dated DecemAer ", #%"") ?e have also provided you via
    email other copies of those same discovery materials on prior occasions)
    <dditionally, 7 recall personally trying to provide you additional courtesy copy of
    those materials on at least one occasion Chen you came to the office Cithout an
    appointment and made loud verAal demands for another copy of your discovery
    Aecause you Qhad lostY your previously provided copies, hoCever, you then left
    the office Chen Ce tried to provide you that additional copy) <lthough Ce are
    hereAy producing various pleadings as ;D0 attachments to this email, as listed
    - 390-
    1
    2
    herein, my understanding from you is that you already have copies of all filed
    pleadings, orders, etc), from your direct contacts Cith the +eno Bustice Court)
    Nevertheless, the pleadings listed herein are produced as ;D0 attachments as a
    courtesy) ?e are not producing you copies of the voluminous emails and email
    attachments you have previously sent us, since Ay Aeing the transmitting party of
    those emails and attachments you oAviously have them yourself) ;lease also note
    that you are noC operating as your oCn self2representing counsel, Ay Cay of the
    self2representation granted you Ay the Court on "%!##!"#, in the petit larceny
    case) 7f you represent to anyone that you are operating in that case in conEunction
    Cith or as co2counsel Cith our office or any attorney therein, other than in our
    capacity as *tand2By Counsel, Ce Cill have to consider reporting you to the *tate
    Bar for fraudulent misrepresentation) <dditionally, as you Cere Carned Ay the
    Court on "%!##!"#, you cannot use any of the materials Ce are transmitting or the
    information contained in those materials to harass any person or otherCise put the
    materials or information therein to any other improper use) /hese cautionary
    notes include Aut are not limited to information contained in the cell phone
    records of 9r) @oAle and the addresses, phone numAers, and other contact
    information of any persons identified in the transmitted materials, including those
    attached to this email transmittal and those contained in the +eceipt of
    Documents) .i)en your past statements to me, I #eie)e I shoud aso !arn
    you of the possi#iity of appica#iity of Ne)ada -ue of Professiona Conduct
    0,0, In that regard, pease reca that during a meeting #et!een you and I in
    one of the inter)ie! rooms at -eno 9ustice Court during tria on 1272/3, you
    suggested to me that I ater the )ideo recording of your interaction !ith the
    poice officers in the petit arceny case, I tod you I cannot do that, You
    #ecame irate and argumentati)e and as"ed !hy I coud not do it, and I tod
    you it Could Ae unethical) 7 raise this issue in this email transmittal to reiterate
    Chat 7 have had to tell you more than once in this case, that is, 7 cannot and Cill
    not assist you in alteration of evidence or other commission or attempted
    commission of fraud upon the court) *hould 7 oAserve you attempting to do so
    during the resumed trial, currently set for NovemAer "9, #%"#, as noted aAove, 7
    Aelieve 7 Could Ae re3uired under Nevada +ule of ;rofessional Conduct 3)3 to
    advise the Court) 7 have not suApoenaed Citnesses to the NovemAer "9, #%"#,
    resumption of trial Aecause ("' contrary to your assertions, no Citnesses appear to
    have crediAle and persuasive prospective testimony to help your case, in fact
    most of the Citnesses you have insisted on calling at trial appear to have
    prospective testimony harmful, not helpful, to your defense, (#' the Citnesses you
    have demanded Ce suApoena and have testify appear to actually have prospective
    testimony contra to a finding of not2guilty, and (3' 7 already oAtained several
    points through cross e1amination of Zurate, Duralde, and @oAle that you
    re3uested and that are crediAle and potentially persuasive points in favor of your
    defense (please recall your comments to me during the first day of trial, Q7 li5e
    Chere you are going Cith this ) ) ) ) Q') <dditionally, the Court advised you on
    "%!##!"# that if you Aelieve you re3uire suApoenas, you may contact the Court
    directly and oAtain suApoenas Cith Caiver of fees) <s directly Ay the Court on
    "%!##!"#, 7 Cill Ae present at the trial on NovemAer "9, #%"#, at &:3% a)m) as
    - 391-
    1
    2
    *tand2By Counsel) 7f during the resumed trial you Aelieve you are unaAle, after
    all, to ade3uately handle the trial proceedings yourself, 7 Cill Ae availaAle to ta5e
    over representation, at Chich point 7 Could do my Aest to correct any errors or
    tactical mista5es you might have committed as Cell as otherCise try to Cin the
    case for you) /han5 you, Bames B) 6eslie, (s3)Y
    /, The 32/02/0 -O( in B300E #efore the Ne)ada Supreme Court is materia deficient in a
    mutitude of respects, incuding, #ut not imited to, the foo!ing documents Coughlin suAmitted
    for filing Aeing missing from the +ecord on <ppealD /& a "%!3"!"# filing title Q;re28earing 9otion to
    Dismiss and for *ummary Budgment and 9emorandum of 6aCY (4# pages long Cith (1hiAit " in disc
    form' "% 3" "# %#%4 ;re 8earing 9otion to Dismiss and for *ummary Budgement and 9emorandum
    of 6aC (+esponsive ;leading')pdf ("%)4 9B'
    :8@D
    0rom: Zach Coughlin (Iachcoughlin`hotmail)com'
    *ent: *un ""!""!"# 7:.% <9
    /o: s5ent`s5entlaC)com (s5ent`s5entlaC)com'=
    mi5e`tahoelaCyer)com (mi5e`tahoelaCyer)com'=
    nevtelassn`sAcgloAal)net (nevtelassn`sAcgloAal)net'=
    patric55`nvAar)org (patric55`nvAar)org'=
    fflaherty`dlpfd)com (fflaherty`dlpfd)com'=
    davidc`nvAar)org (davidc`nvAar)org'=
    complaints`nvAar)org (complaints`nvAar)org'=
    tsusich`nvdetr)org (tsusich`nvdetr)org'=
    Ee`eloreno)com (Ee`eloreno)com'= cvellis`Ahfs)com
    (cvellis`Ahfs)com'
    3 attachments
    /4 0/ /3 4345 Pre Cearing Motion to <ismiss and for
    Summary 9udgement and Memorandum of La!
    $-esponsi)e Peading&,pdf ("%)4 9B' , "% 3" "#
    suApoena on peters and Caiver of service)pdf (.4").
    GB' , e1 1 harris silverman coughlin garin %#%4 "" ""
    "#)pdf (9)& 9B'
    )))
    ;lease find attached the file stamped versions of the "% 3"
    "# suApoena duces tecum for Chich *BN 6aura ;eters
    signed a Caiver of service or similar
    and the "% 3" "# ;re 8earing 9otion to Dismiss
    *ummary Budgment!9emorandum of 6aC (+esponse')))Y
    2//212/3 Emergency E' Parte Motion to <ismiss or Huash or Other!ise Chaenge Sufficiency
    of Ser)ice and of Process, of Compaint and Notice of Intent to Ta"e <efaut and <o@SoEL
    and Preser)ing for (ppea O#6ection to ( other <ue Process ;ioationsL and +N<E-
    P-OTEST,,,-ESPONSE TO COMPL(INT (digital file fa1ed and emailed to *BN Cas titled Q""
    9 "# response under protest %#%4 and various motions and notices %#%4 etc)pdfY= && page document
    suAmitted for filing (inde1 to e1hiAits: ") e1hiAit ": cd Cith relevant materials copied via digital
    transmission as Cell' ;hotographs and other evidence detailing the personal delivery of this
    - 392-
    1
    2
    document and Coughlin4s presenting such for filing and file stamping to the *BN shortly Aefore .
    pm (the *BN had its doors loc5ed and a sign on the front door indicating the folloCing 9onday,
    ""!"#!"#, Aeing a holiday, Could see the *BN closed, to reopen on ""!"3!"# (relevant to any Qless
    than "" daysY N+C; analysis given that 9onday Cas a non2Eudicial day (*C+ "%.(#'(c' provides
    for access Qup to Cithin 3 daysY of the formal hearing' on ""!9!"# Cere gathered and are noC
    presented folloCing the ;roof of *ervice to that filing) (ven Chere the *BN may dispute Chether or
    not its doors (and therefore the doors to the QcourtY and Qfiling officeY (ie, the file stampe that
    apparently only *BN Cler5 of Court ;eters is aAle to utiliIe' Cere closer prior to . pm on ""!9!"#,
    the failure to included or memorialiIe the && page document Coughlin suAmitted for filing and the
    (1hiAit " on a disc attached thereto in either of the +$<4s suAmitted to this Court Ay the *BN is
    trouAling, une1plained, and unEustifiaAle)
    ?hile Bar Counsel asserted some timeliness deficiency Cith respect to various documents
    suAmitted for filign Ay Coughlin, any such contention does not Eustify Ging unilaterally controlling
    the Cler5 of Court and enEoying the advantage of e1cising from the record those filings Ay Coughlin
    that are particularly destructive to the $BC4s Complaint) 0urther, the applicaAility of N+C; +ule
    "#(a'(4'(<' (Q)))if the court denies the motion or postpones its disposition until the trial on the
    merits, a responsive pleading shall Ae served Cithin "% days after notice of the courtRs action)))Y' in
    light of *C+ ""9(3' and *C+ "%.(4' ma5es the overly narroC time for response set out in Chair
    (cheverria4s ""!7!"# $rder (Chich Couglin Could not even have had, under N+C; (e', constructive
    notice of Ay the ""!9!"# deadline set out therein')

    Besides personally delivering the && page (Cith disc attachment' ""!9!"# (mergency 9tn)))to
    the *BN minutes prior to . pm on ""!9!"#, Coughlin also fa1ed and emailed the same:
    QEmergency E' Parte Motion N./3%4345, 4505,4507
    0rom: Zach Coughlin (Iachcoughlin`hotmail)com' *ent: *un ""!""!"# 4:"3 <9
    /o: (s5ent`s5entlaC)com' (s5ent`s5entlaC)com'= (mi5e`tahoelaCyer)com'
    (mi5e`tahoelaCyer)com'= (nevtelassn`sAcgloAal)net' (nevtelassn`sAcgloAal)net'=
    (patric55`nvAar)org' (patric55`nvAar)org'= (fflaherty`dlpfd)com' (fflaherty`dlpfd)com'=
    (davidc`nvAar)org' (davidc`nvAar)org'= (complaints`nvAar)org' (complaints`nvAar)org'=
    (tsusich`nvdetr)org' (tsusich`nvdetr)org'= (Ee`eloreno)com' (Ee`eloreno)com'=
    (cvellis`Ahfs)com (cvellis`Ahfs)com'
    )))(mergency (1 ;arte 9otion N@"#2%#%4, %434,%43.
    please find attached && page (mergency (1 ;arte 9otion to Dismiss or Juash or $therCise
    Challenge *ufficiency of *ervice
    and of ;rocess, of Complaint and Notice of 7ntent to /a5e Default and Do?*o(= and ;reserving for
    <ppeal $AEection to <ll other Due ;rocess -iolations= and :ND(+ ;+$/(*/)))+(*;$N*( /$
    C$9;6<7N/
    suAmitted for filing Cith the *tate Bar of Nevada on NovemAer 9th, #%"#)))
    "" 9 "# response under protest %#%4 and various motions and notices %#%4 etc)pdf
    Q
    - 393-
    1
    2
    Coughlin suAmitted for filing minutes prior to . pm on ""!9!"# a filing sufficient to meet any
    non2void $rder of ""!#!"# or ""!7!"# or otherCise Ay the ;anel Chair in this matter, though,
    curiously, that && page filing (Cith a voluminous attached (1hiAit ", including the suAmission of a
    form thereof on digital disc Cith vast hyperlin5ing and *5ydrive access' is not to Ae found in either
    of the versions of the +$< suAmitted for filing in #337 Ay the *BN) $f course, this is of material
    relevance to the 0$0C$64s finding and conclusion that some purported failure on Coughlin4s part to
    so comply Cith those $rders (Chich impermissiAly depart from N+C; "#4s dictates vis a vis
    affording a party at least "% Eudicial days to file an <nsCer upon such party4s 9otion to Dismiss
    Aeing Denied, Cith N+C; made applicaAle via *C+ ""9(3') 7t sure is curious hoC the documents
    suAmitted for filing Ay Coughlin that are the most damaging to the *BN and various greivant4s cases,
    and Chich containing the most inflammatory (though, completely true' information continually seem
    to Ae QlostY or otherCise not included in the +$< Ay the *BN, even Chere, say,
    ""!3%!"# amended 9$/7$N 0$+ 0:+/8(+ +(C$@N7/7$N $0 7N 0$+9< ;<:;(+7*
    */</:* <ND 0$+ ;:B67C</7$N $0 /+<N*C+7;/ </ B<+4* (U;(N*( $+ ?7/8$:/
    ;<>9(N/ :; 0+$N/ $+ 0$+ +(6(<*( $0 +(C$+D7N@* <ND $+ +$:@8 D+<0/ $0
    D7*C7;67N<+> ;+$C((D7N@ <ND 0$+ C$;> $0 <66 0767N@* *:B97//(D ?8(/8(+
    076( */<9;(D $+ N$/ <ND 0$+ 076( */<9; /$ B( <;;67(D /$ <66 *:B97**7$N
    ;<*/, ;+(*(N/, <ND 0:/:+( @7-(N ;(+97**7$N /$ 076( B> 0<U ?<* ;+(-7$:*6>
    ;+$-7D(D $N *(;/(9B(+ ""/8, #%"#= and 9$/7$N 0$+ 97*/+<76 D:( /$ )))Y ("
    pages Cith a Disc for (1hiAit "= Qinde1 to e1hiAits: ") e1hiAit ": cd Cith relevant materials copied via
    digital transmission as CellY filename for that copied Ay fa1, and email in addition to personal
    delivery to *BN and NNDB: Q"" 3% "# %#%4 amended motion for further recognition of ifp)pdfY')
    0urther, the e1tent to Chich the *BN has manipulated the settings on the scanner utiliIed to
    creat copies for the +$< of the documents Coughlin suAmitted for filing is noC Aordering on the
    aAsurdly fraudulent) ?hat else e1plains the fact that all the instances of Coughlin attaching :*;*
    /rac5 N Confirm printouts for the various Certified 9ailings and +eceipts that Aecame of material
    relevance in this matter) *uch issues resulted in the inclusion, Ay the *BN, at page #" of the +$<,
    of such a printout, Chich appears to Aorder on professional misconduct Chere such printout Cas
    clearly placed in the *BN filed only after Coughlin4s ""!&!"# Q?ell ?ould you 6oo5 at that 0ilingY
    and Coughlin4s ""!&!"# QNotice of Non2*ervice of Notice of 7ntent to /a5e Default of "%!9!"#Y
    placed the *BN on notice as to the fact that the *BN4s oCn error (placing an insufficient amount of
    postage on the "%!9!"# N$7//D, and thereafter only mailing such filing via one method (certified
    mail' prevented Coughlin from receiving that "%!9!"" N$7//D, Chich, oAviously, had a material
    effect on the legitimacy of the Notice of 0ormal 8earing and the continued holdering thereof in
    consideration of the dictates of *C+ "%.(#'(c' and the re3uired numAer of days afforded Coughlin
    thereof to provide sufficient notice and time to prepare for his opportunity to Ae heard)
    https:!!s5ydrive)live)com!redir)asp1F
    cidl43%&43&f3#f.f#&NpagelselfNresidl43%&43&03#0.0 #&j#"4&9Nparidl43%&43&03#0.0#
    &j#""#"Nauth5eylj#"<$ivE2?<C+"(c(NBpuAl*DU)*5yDriveNBsrcl*5y9ail
    3, 8urther, the S*N, NN<*, and Pane ha)e #een particuary o#structionist !ith regard to
    ao!ing Coughin any access to any doc"et in the matter appeaed in B300E $e)en !here the
    /32/52/3 8O8COL repeatedy refers the reading to :See Peadings <oc"et=
    B, Coughin appropriatey su#mitted a re>uest for the Transcript of the //2/52/3 Cearing and
    e)en !here offerring to pay for it, under protect, the S*N,NN<*, and Pane faied to ao!
    - 394-
    1
    2
    Coughin to procure such a transcript $despite ong prior therto ha)ing it themse)es& unti
    Iing sent Coughin, on <ecem#er /?
    th
    , 34/3 information in that regard, 8urhter, the -O( 's
    Cearing E'hi#its $one of !hich, E'hi#it /B, !as created sua sponte #y Chair Eche)erria and
    not pro)ided to Coughin, and is not a compete copy of !hat the Chair Purports it to #e, and
    furhter, a mutitude of cd2d)d disc attachments to Coughin's )arious fiings ha)e not #een sent
    #y the S*N2Cer" of Corut to the Ne)ada Supreme Court Cer"'s Office, on top of the S*N2its
    Cer" of Court faiing to fie stamp in a num#er of Coughin's fiings, for no apparent reason,
    !hich is particuary trou#ing !here the Notice that Laura Peters (ffida)it of /4212/3 is
    @hopper Choc"ed ma"es some e'tremey damning aegations !ith respect to frauduent
    conduct #y Peters and the S*N in faiing to fie in Coughin's fiings,
    POINTS (N< (+TCO-ITIES

    *C+ +ule "%.(3')ZZ-e)ie! #y supreme court,,,,(a'Z/ime and manner of appeal)ZZ<
    decision of a hearing panel shall Ae served on the attorney, and service shall Ae
    deemed Notice of (ntry of Decision for appeal purposes) (1cept as provided in +ule
    "%.(3'(A', a decision is final and effective 3% days from service, unless an appeal is
    ta5en Cithin that time) To the e'tent not inconsistent !ith these rues, an appea
    from a decision of a hearing pane sha #e treated as !oud an appea from a ci)i
    6udgment of a district court and is go)erned #y the Ne)ada -ues of (ppeate
    Procedure))))(A'ZDe novo revieC of puAlic discipline)))) +evieC under this paragraph
    sha #e commenced #y #ar counse for!arding the record of the hearing pane
    proceedings to the court !ithin 04 days of entry of the decision))Y
    /he "#!"4!"# 0$0C$6 Ay the ;anel is Eust that, a Q0indings of 0act= Conclusions of
    6aCY)))not a QdecisionY sufficient to invo5ed *C+ "%.(3', Eust yet) /he use of the term QrecordY in
    *C+ "%.(3'(A', along Cith *C+ ""9(3', arguaAly ma5es applicaAle N+<; "% and "")
    *C+ "%.(4': Q 4)ZZ-ues of procedure,ZZ/he chairs, after consulting Cith their respective
    disciplinary Aoards, may adopt rules of procedure, suAEect to approval Ay the Aoard of governors) Q
    Despite numerous attempts Ay Coughlin to Ae afforded, in Criting, any such rules adopted Ay the
    NNDB, Coughlin has Aeen unaAle to oAtain any such e1pression, and, despite loo5ing for 3uite some
    time, unaAle to find any puAlished adopted rules)
    *C+ -ueJ/41,ZZSer)ice,, :#)ZZOther papers,ZZ*ervice of other papers or notices re3uired
    Ay these rules shall Ae made in accordance Cith Nevada +ule of Civil ;rocedure ., unless otherCise
    provided Ay these rules)Y Bar Counsel David Clar5 is a registered electronic filer Cith Cith Nevada
    *upreme Court, as such, he, and thefore the *BNYs $BC have consented to electronic service
    (including fa1', in Criting)))to go along Cith the e1press indications that Coughlin Cas permitted to
    do so made Ay 6aura ;eters, Chom Aoth ;eters and Bar Counsel Clar5 have held out to Coughlin,
    verAally and in Criting, as the *BN4s Cler5 of Court, and to go along Cith numerous other instances
    Cherein the *BN4c $BC has permitted other +espondents to file Ay fa1) 0urther, it is a reprehensiAle
    Caste of the Bar4s and the Nevada *upreme Court4s resources that ;at Ging is not a registered efiler,
    and given 9r) Ging4s trac5 record of e1tremely duAious attempts to gain a Qhead startY on
    +espondent4s and otherCise manipulate the playing field, the infusion of some digital accountaAility
    - 395-
    1
    2
    into Ging4s professional life is sorely needed) <nd 9r) Ging should go easy on the *C+ "% at every
    turn approach)
    -ueJ//1,ZZ(dditiona rues of procedure,,,,= ")ZZ-ecord,ZZ/he record of a hearing shall Ae
    made availaAle to the attorney at the attorneyRs e1pense on re3uest made to Aar counsel))))ard or
    hearing panel having Eurisdiction, Aut Cill not Eustify aAatement of any disciplinary investigation or
    proceeding))))3)ZZOther rues of procedure,JJ(1cept as otherCise provided in these rules, the
    Nevada +ules of Civil ;rocedure and the Nevada +ules of <ppellate ;rocedure apply in disciplinary
    cases)Y
    Couglin has previously, verAally and in Criting, made a re3uest for the QrecordY of the
    QhearingY to Aar counsel) Bust Chat is included Cithin the purvieC of those tCo terms is not clear
    (arguaAly is should e1tend Aeyond the transcript and 8earing (1hiAits to all pleadings on file, and all
    correspondence (including fa1es and emails AetCeen the +espondent, Bar Counsel, NNDB, ;anel,
    and *BN Cler5 of Court', and all documents suAmitted for filing, even Chere such Cere not actually
    filed in Ay the *BN4s Cler5 of Court (or, li5e Cith Coughlin4s "%!3"!"# ;re28earing 9/D, 9*B,
    9emorandum of 6aC, those that Cere filed in Ay the Cler5, Aut Chich, mysteriously, are aAsent from
    the +$<', and certainly all e1hiAits attached to any filings or documents suAmitted for filings (Ging
    made emAarassingly contradictory statements at the formal hearing Cith regard to his contention that
    he copied each memAer of the ;anel on all of Coughlin4s filing in their entirety (many of Chich
    included cd!dvd discs attached as e1hiAits containing pdfs, videos, audio transcripts etc), Chich
    strongly disprove the many spurious claims made against Coughlin, all of Chich seem to lead, in one
    Cay or another, Aac5 to one +ichard @) 8ill, (s3)', and to then Ae forced to admit that he had not
    copied the ;anel memAers on the discs Coughlin attached as (1hiAits (;anel memAer Gent had a
    particularly suspect offering in that regard, arguaAly Eustying a mistrial', indicating that neither he,
    nor, apparently, anyone at the *BN or $BC Cas e3uipped Cith the 5noCledge of hoC or aAility to
    copy a cd!dvd disc, a fact misleadingly hidden from Coughlin throughout the proceedings) N+C;
    .9, .#, and % are Qnot inconsistent Cith these rulesY (a la *C+ ""9(3'', therefore, Ging and Cler5 of
    Court ;eters ought Ae re3uired to e1plain Chy they have failed to file in Coughlin4s various post2
    8earing 9otions, including those folloCing the "#!"4!"# 0$0C$6 Ay the ;anel (and an allegation
    that Coughlin violated an (;$ granted the *BN Ay allegedly having a courier deliver a +ule .9 and
    or .#, etc) 9otion on the last, or ne1t to last day to file such, is particularly offensive, as Cere the
    statements Ging made during the formal hearing Cith respect to the e1tent to Chich he Alatantly
    attempts to rig entire proceedings and records on appeal, and the appendi1 to ma5e up for his lac5 of
    ethics, industry, or s5ill) *ee, 7n +e Boles (""7%, especially the &!"%!"# $pening Brief, pretty much
    captures the ;at Ging Cay of doings things to a QtY)')
    ?ith deference to Chief Bustice ;ic5ering4s indication in her #!7!"3 $rder (Q$ur preliminary
    revieC of the record in this case reveals that the record is not suAmitted in the proper format) /he
    three2volume record contains douAle2sided pages, each volume e1ceeds #.% pages, and not all pages
    are consecutively numAered) /he rules of appellate procedure re3uire that only one side of the paper
    may Ae used= moreover, each volume of the appendi1 is not to contain more than #.% pages, and
    each page is to #e num#ered consecuti)ey in the o!er right corner, N+<; 3%(c'("', 3%(c'(#',
    3#(a'("'(<', 3#(A') <ccordingly, Ce direct the cler5 of this court to stri5e the three2volume record
    filed DecemAer #4, #%"#, and Ce order the *tate Bar of Nevada to re2suAmit the record in the proper
    format)Y'
    N-(P -+LEJ/4,JJTCE -ECO-<
    - 396-
    1
    2
    $a&JThe Tria Court -ecord,ZZ/he tria court record consists of the papers and e'hi#its fied
    in the district court, the transcript of the proceedings, if any, the district court minutes, and the
    doc"et entries made #y the district court cer")

    $/&J-etention of -ecord,ZZ/he district court cler5 shall retain the trial court record) @hen the
    Supreme Court deems it necessary to re)ie! the tria court record, the district court cer" sha
    assem#e and transmit the portions of the record designated #y the Supreme Court to the cer"
    of the Supreme Court in accordance Cith the provisions of +ule "") <ny costs associated Cith the
    preparation and transmission of the record shall Ae paid initially Ay the appellant, unless otherCise
    ordered)

    $#&JThe (ppeate Court -ecord,

    $/&JThe (ppendi',ZZ0or the purposes of appeal, the parties sha su#mit to the Supreme
    Court copies of the portions of the tria court record to #e used on appea, including all
    transcripts necessary to the *upreme CourtRs revieC, as appendices to their Ariefs) :nder +ule 3%(a',
    a Eoint appendi1 is preferred)

    $3&JE'hi#its,ZZ7f e'hi#its cannot #e copied to #e incuded in the appendi', the parties may
    re>uest transmitta of the origina e'hi#its to the Supreme Court under -ue 04$d&)

    $c&JCorrection or Modification of the -ecord,ZZ7f any difference arises a#out !hether the
    tria court record truy discoses !hat occurred in the district court, the difference sha #e
    su#mitted to and setted #y that court and the record conformed accordingy, Huestions as to
    the form and content of the appeate court record sha #e presented to the Supreme Court,=
    +nder @aters the S*N is :an arm of the Court=, the Ne)ada Supreme Court, and it is
    not cear that the S*N is a :district court= a a N-(P /4,,,Co!e)er, Coughin has attempted to
    see" correction or modification of the record in ine !ith N-(P /4$3&$c&, #ut gi)en the S*N's
    propensity for #aseess histrionics $:stay a!ay= etters, caing the poice upon a -espondent
    compying !ith an S*N Order to ca ahead /7 minutes if they are headed to the S*N to fie
    something !ith Cer" of Court Peters, fiing for !or"pace harassment protection orders,
    though faiing to put up the statutoriy re>uired #ond and faiing to !ithdra!a upon Iing
    #ecoming a !itness !here pre)iousy he !as, aegedy, ony counse, ha)ing indigent Coughin
    arrest upon some specious aegation of his )ioating a TPO and the su#se>uent EPO $#oth of
    !hich are su#6ect to attac" on numerous grounds and !here o#tained on a >uestiona#e defaut
    #asis !here ser)ice of the TPO and notice of the e'tension hearing may ha)e #een deficient,
    )ioati)e of #oth the courthouse sanctuary rue, and the immunity often accorded to attorney's
    and itigants !hen accessing 6ustice in court and fiing offices, Coughin has #een decared
    indigent as recenty as in a /212/0 Order #y a Second 9udicia <istrict Court 9udge, and such
    arrest re>uired some OE74 cash to #ai Coughin out, and seemed to #e itte more than an
    attempt to o#struct Coughin's a#iity to pursue this appea and or intimidate him out of
    pointing out that !hich has necessariy pre6udiced Coughin's a#iity to do so, and !ere such
    !as a mitigating factor attendant to a the )arious aegations against Coughin, none of !hich
    actuay ha)e merit,
    N-(P -+LEJ//,JJP-EP(-IN. (N< 8O-@(-<IN. TCE -ECO-<
    - 397-
    1
    2
    $a&JPreparation of the -ecord,ZZ:pon Critten direction from the *upreme Court, the district
    court cler5 shall provide the *upreme Court Cith the papers or e1hiAits comprising the trial court
    record) /he record shall Ae assemAled, paginated, and inde1ed in the same manner as an appendi1 to
    the Ariefs under +ule 3%) 7f the *upreme Court determines that its revieC of original papers or
    e1hiAits is necessary, the district court cler5 shall forCard the original trial court record in lieu of
    copies)

    $/&JE'hi#its,ZZ7f the *upreme Court directs transmittal of e1hiAits, the e1hiAits shall not Ae
    included Cith the documents comprising the record) /he district court cler5 shall place e1hiAits in an
    envelope or other appropriate container, so far as practicaAle) /he title of the case, the *upreme Court
    doc5et numAer, and the numAer and description of all e1hiAits shall Ae listed on the envelope, or if no
    envelope is used, then on a separate list)

    $3&J-ecord in Proper Person Cases,ZZ?hen the *upreme Court directs transmission of the
    complete record in cases in Chich the appellant is proceeding in proper person, the record sha
    contain each and e)ery paper, peading and other document fied, or su#mitted for fiing, in the
    district court) /he record shall also include any previously prepared transcripts of the proceedings in
    the district court) If the Supreme Court shoud determine that additiona transcripts are
    necessary to its re)ie!, the court may order the reporter or recorder !ho recorded the
    proceedings to prepare and fie the transcripts))))Y
    Coughlin is temporarily suspended (as ?CD< DD< ?atts2-ial pointed out in his last minute
    ""!"3!"# fa1ed oAEection to Coughlin4s suApoenas upon #BDC Budges and personnel', and, as such,
    should Ae accord pro per status hearing, as he Cas in %3%# (Chich, along Cith %3"7 (a matter
    presided over Ay a Budge Cho Cas on the (1ecutive Board of the entity Coughlin had Eoined as a
    defendant in the Crongful termination suit against ?6* and ;aul (lcano, Chom the Bar called as a
    Citness at Coughlin4s formal disciplinary hearing, despite constructive notice thereof only Aeing
    provided to Coughlin the day prior to the hearing, and Chere the Bar sought to have 8ill provide
    Qe1pertY testimony thereto) Coughlin hereAy re3uest this Court $rder the preparation of additional
    transcripts, at puAlic e1pense, that are Qnecessary to its revieCY (including the transcript of Aoth
    hearings in "" /+ #&%%, that resulted in N@"#2%434 and arguaAly Cere re3uired to have already
    Aeen prepared upon indigent Coughlin filing (since stric5en' multiple Notices of <ppeal of such final
    appealaAle $rders as those of #!#&!"# and 3!"#!"# in that matter, +9C "" C+ #4%. (Chich Aecame
    - 398-
    1
    2
    "9%", and is at issue in %33" and "3&3') 0urther, the summary e)iction proceeding involving
    +ichard @) 8ill, (s3), (the grievant in N@"#2%#%4, outside of Chose office the traffic citations the
    suAEect of the trial in "" /+ #&%% that Aegat N@"#2%434 (and therefore N@"#2%43. considering the
    fact that Bar Counsel oAtained the 0ormal 8earing (1hiAit 3 via it Aeing passed from the Eudge to her
    Arother, Chom Cas the Eudge on the criminal trespass trial in "" C+ #4%., Chere 8ill signed the
    criminal complaint therein, upon his lying to the police resulting in the Crongful arrest of Coughlin
    (and there is a multitude of videos of these various arrests of an e1culpatory nature that Bar Counsel
    Ging and the ;anel have curiously avoided li5e the plague, sufficient to Eustify this Court re3uiring
    the *BN to transmit copies of all the (1hiAits in this matter, including those attached to documents
    Coughlin suAmitted for filing, Aut, for Chatever reason, the *BN chose not to file, curiously,
    including all the audio transcripts of the various hearings at issue in Ging4s &!#3!"# Complaint and the
    multitude of insufficiently notice suAEect matter not included therein that found its Cay into the
    "#!"4!"# 0$0C$6') /hat summary e)iction from Coughlin4s former home laC office in +BC
    +ev#%""2%%"7%&, and the appeal thereof (8earing (1hiAit " emanates from that appeal in C-""2
    %3#&, though not plead in the Complaint in any Cay)))Chereas the EayCal5ing arrest that 8ill
    succeeded in suAEecting Coughlin to on "!"#!"# Cas pled in the Complaint, though the ;anel refused
    to admit a video thereof))))including footage of 8ill4s prevarications to the police') /he dates of the
    summary court e)iction that are necessary and should Ae transcriAed are "%!"3!"", "%!#.!"", ""!7!"",
    "#!#%!"", and the *hoC Cause hearing in the appeal thereof on 3!#3!"# and 3!#!"#) 0urther, given
    the primacy accorded to a Aan5ruptcy Budges testimony, especially Chere such Cas only
    constructively noticed to Coughlin the day Aefore the hearing, the scant appearances Aefore that
    Budge ought Ae transcriAed, or at least the audio transcripts furnished and transmitted at puAlic
    e1pense (N-B "%2%."%4, ""2%.%77 and ""2%.%7&', or, such testimony stric5en, given the enormously
    - 399-
    1
    2
    preEudicial nature thereof, the violations of *C+ "%.). and gratituitous Coe *CoAe name dropping
    therein, and the utter paucity of specifics provided or opportunity to cross2e1amine given the
    enormously overreaching nature of the testimony, and curious peripheral coincidences attendant
    thereto) <dditionally, the /rial from Chich N@"#2%43. springs, in D-%&2%""& is necessary and
    should Ae transcriAed as Cell) Coughlin provided the audio transcripts of all of these matters as
    (1hiAits to his various documents suAmitted for filing)
    <dditionally, the matter resulting in Couglin4s noC nine month long temporary suspension,
    the ""!3%!"" /rial in +9C "" C+ ##"7 (and the "%!"%!"" arraignment' ought Ae transcriAed
    (involving an allegation of Coughlin consuming H"4)%% Corth of Qa candy Aar and cough dropsY
    Chile shopping for an paying for H&3)&# Corth of groceries at and 7ndian Colony oCned ?al29art,
    Chere an arrest Cas made Ay triAal police that violated N+* "7")"#.., and Coughlin Cas denied his
    *i1th <mendment +ight to Counsel, and the +9C failed to adhere to this Court4s #%%& 7ndigent
    Defense $rder and order the preparation of the transcript at puAlic e1pense pursuant to N+* "&9)%3%,
    denied Coughlin a single continuance despite a multitude of factors Ceighing in favor of such, li5ely
    violate N+* ")#3. in finding Couglin in direct contempt folloCing his ma5ing a motion to dis3ualify
    the Budge therein, and Chere Couglhin Cas summarily incarcerated, preEudice to his client4s Ae Chat
    it may, for three days, despite Aeing denied counsel for Aoth the underyling petty larceny charge
    (<igersinger re3uires such' and the civil contempt charge that the Budge indicated Could issue ten
    minutes into the /rial (indicating such Could issue at the /rial4s conclusion, Chereupon Coughlin
    re3uested to Ae appointed counsel in that conte1t as Cell, 0eioc5') <dditionally, incident to the
    criminal trespass matter in "9%", there is a transcript of the !"&!"# /rial in "" C+ #4%., hoCever,
    this matter Could Aenefit greatly Ay the transcription of the hearings therein on #!#!"#, 4!"%!"#, and
    .!&!"#, especially Chere the matters addressed on the record therein are so pertinent to the allegation
    - 400-
    1
    2
    of numerous violations of the mandatory stay in N+* "7&)4%., recusal and dis3ualification motions,
    right to counsel, and +;C ")# issues related to court appointed defenders, and more')
    *C+ "%.(3'(A': Q/he parties shall not Ae re3uired to prepare an appendi1, Aut rather shall cite
    to the record of the disciplinary proceedings) 7f no opening Arief is filed, the matter Cill Ae suAmitted
    for decision on the record Cithout Ariefing or oral argument)Y
    Couglin re3uests leave to suAmit such an appendi1, and an e1tension of time to do so,
    especially given the lac5 of communication or cooperation in creating a Eoint appendi1 on Bar
    Counsel and the *BN4s part) N+<; 3%
    N+<; +:6(Z3%)ZZ<;;(ND7U /$ /8( B+7(0*
    $a&J9oint (ppendi'L <uty of the Parties,ZZCounsel have a duty to confer and attempt to reach
    an agreement concerning a possiAle Eoint appendi1) 7n the aAsence of an agreement, the parties may
    file separate appendices to their Ariefs)

    $#&JContents of the (ppendi',,,$/&JTranscripts,ZZCopies of all transcripts that are necessary to
    the *upreme CourtRs revieC of the issues presented on appeal shall Ae included in the appendi1)

    $3&J<ocuments -e>uired for Incusion in 9oint (ppendi',ZZ7n addition to the transcripts
    re3uired Ay +ule 3%(A'("', the Eoint appendi1 shall contain:
    (<'ZComplaint, indictment, information or petition (including all amendments'=
    (B'Z<ll ansCers, counterclaims, cross2claims and replies, and all amendments thereto=
    (C'Z;retrial orders=
    (D'Z<ll Eury instructions given to Chich e1ceptions Cere ta5en, and e1cluded Chen offered=
    (('Z-erdict or findings of fact and conclusions of laC Cith direction for entry of Eudgment
    thereon=
    (0'Z9asterRs report, if any, in nonEury cases=
    (@'Z$pinion=
    (8'Z<ll Eudgments or orders appealed from=
    (7'Z<ll notices of appeal= and
    (B'Z;roof of service, if any, of:
    (i'Zthe summons and complaint=
    (ii'ZCritten notice of entry of the Eudgment or order appealed from=
    (iii'Zpost2Eudgment motions enumerated in +ule 4(a'= and
    (iv'ZCritten notice of entry of an order resolving any post2Eudgment motions enumerated in
    +ule 4(a')

    $0&J(ppeantFs (ppendi',ZZ7f a Eoint appendi1 is not prepared, appellantRs appendi1 to the
    opening Arief shall include those documents re3uired for inclusion in the Eoint appendi1 under this
    +ule, and any other portions of the record essential to determination of issues raised in appellantRs
    appeal)

    $5&J-espondentFs (ppendi',ZZ7f a Eoint appendi1 is not prepared, respondentRs appendi1 to the
    ansCering Arief may contain any transcripts or documents Chich should have Aeen Aut Cere not
    - 401-
    1
    2
    included in the appellantRs appendi1, and shall otherCise Ae limited to those documents necessary to
    reAut appellantRs position on appeal Chich are not already included in appellantRs appendi1)

    $7&J-epy (ppendi',ZZ<ppellant may file an appendi1 to the reply Arief Chich shall include
    only those documents necessary to reply to respondentRs position on appeal)

    $B&JPresentence In)estigation -eport,ZZ7f a copy of appellantRs presentence investigation
    report is necessary for the *upreme CourtRs revieC in a criminal case and a copy of the report cannot
    Ae included in the appendi1, appellant shall file a motion Cith the cler5 of the *upreme Court Cithin
    the time period for filing an opening Arief or fast trac5 statement that the court direct the district court
    cler5 to transmit the report to the cler5 of the *upreme Court in a sealed envelope) /he motion must
    demonstrate that the report is necessary for the appeal)

    $c&J(rrangement and 8orm of (ppendi',ZZ/he appendi1 shall Ae in the form re3uired Ay +ule
    3#(A', shall Ae Aound separately from the Ariefs, and shall Ae arranged as set forth in this +ule)

    $/&JOrder and Num#ering of <ocuments,ZZ<ll documents included in the appendi1 shall Ae
    placed in chronological order Ay the dates of filing Aeginning Cith the first document filed, and shall
    Aear the file2stamp of the district court cler5, clearly shoCing the date the document Cas filed in the
    proceedings AeloC) /ranscripts that are included in the appendi1 shall Ae placed in chronological
    order Ay date of the hearing or trial) (ach page of the appendi1 shall Ae numAered consecutively in
    the loCer right corner of the document)

    $3&JPage LimitsL Inde' of (ppendi',ZZ(ach volume of the appendi1 shall contain no more than
    #.% pages) /he appendi1 shall contain an alphaAetical inde1 identifying each document Cith
    reasonaAle definiteness, and indicating the volume and page of the appendi1 Chere the document is
    located) /he inde1 shall preface the documents comprising the appendi1) 7f the appendi1 is
    comprised of more than one volume, one alphaAetical inde1 for all documents shall Ae prepared and
    shall Ae placed in each volume of the appendi1)

    $0&JCo)er,ZZ/he cover of an appendi1 shall Ae Chite and shall contain the same information as
    the cover of a Arief under +ule 3#(a', Aut shall Ae prominently entitled QB$7N/ <;;(ND7U,Y or
    Q<;;(66<N/R* <;;(ND7U,Y or Q+(*;$ND(N/R* <;;(ND7UY or Q<;;(66<N/R* +(;6>
    <;;(ND7U)Y

    $d&JE'hi#its,ZZCopies of ree)ant and necessary e'hi#its sha #e ceary identified, and
    sha #e incuded in the appendi' as far as practica#e, If the e'hi#its are too arge or other!ise
    incapa#e of #eing reproduced in the appendi', the parties may fie a motion re>uesting the
    Supreme Court to direct the district court cer" to transmit the origina e'hi#its, The Supreme
    Court !i not permit the transmitta of origina e'hi#its e'cept upon a sho!ing that the
    e'hi#its are ree)ant to the issues raised on appea, and that the Supreme CourtFs re)ie! of the
    origina e'hi#its is necessary to the determination of the issues,

    $e&JTime for Ser)ice and 8iing of (ppendi',ZZ< Eoint appendi1 shall Ae filed and served no
    later than the filing of appellantRs opening Arief) <n appellantRs appendi1 shall Ae served and filed
    Cith appellantRs opening Arief) < respondentRs appendi1 shall Ae served and filed Cith respondentRs
    - 402-
    1
    2
    ansCering Arief) 7f a reply Arief is filed, any reply appendi1 shall Ae served and filed Cith the reply
    Arief)

    $g&J8iing as CertificationL Sanctions for Nonconforming Copies or for Su#stantia
    +nderincusion,

    ("'Z0iling an appendi1 constitutes a representation Ay counsel that the appendi1 consists of true
    and correct copies of the papers in the district court file) @ifu or grossy negigent fiing of an
    appendi' containing nonconforming copies is an una!fu interference !ith the proceedings of
    the Supreme Court, and su#6ects counse, and the party represented, to monetary and any
    other appropriate sanctions)

    (#'Z7f an appellantRs appendi1 is so inade3uate that Eustice cannot Ae done Cithout re3uiring
    inclusion of documents in the respondentRs appendi1 Chich should have Aeen in the appellantRs
    appendi1, or Cithout the courtRs independent e1amination of portions of the original record Chich
    should have Aeen in the appellantRs appendi1, the court may impose monetary sanctions,,,=
    The -O( fied #y the S*N is materiay deficient gi)en the appica#iity of N-(P 03 $see
    32E2/0 Order in this matter&D N-(P -+LEJ03,JJ8O-M O8 *-IE8S, TCE (PPEN<IK (N<
    OTCE- P(PE-S
    $a&J8orm of a *rief,,,,
    $/&J-eproduction,
    (<'Z< #rief sha #e reproduced #y any process that yieds a cear #ac" image of etter
    >uaity, The paper must #e opa>ue and ungaRed) $nly one side of the paper may Ae used)
    (B'ZTe't must #e reproduced !ith a carity that e>uas or e'ceeds the output of a aser
    printer,,,
    $5&JPaper SiRe, Line Spacing, Margins, and Page Num#ers,,, 9argins must Ae at least " inch
    on all four sides)
    Coughlin re3uests permission to file an additional feC pages to supplement this 9otion
    Aeyond the "% page limit)
    SC- /47$5&, -ues of procedure) /he chairs, after consulting Cith their respective
    disciplinary Aoards, may adopt rules of procedure, suAEect to approval Ay the Aoard of governors)
    Coughlin diligently attempted to oAtain e1press indications from the Cler5 of Court!sAn!nndA!
    and paenl respective the applicaAle rules of procedure in this matter incident to the dicdtates of scr
    "%.(4', Aut Cas given the runaround or had the rug pulled out from under him Ay all involved:
    Coughlin has Aeen met Cith silence in his attempts to have the NNDB!;anel!$BC provide
    him something in Criting or directions as to hoC 7 may oAtain a copy of any rules adopted pursuant to
    *C+ "%.(4' pr any other procedural polices, rules, or proceduresF Does the NNDB have a position
    respecting the misrepresentations made Ay Ging and Cler5 of Court ;eters vis a vis the *BN asserting
    the &!#3!"# mailing as a Aasis for a finding of *C+ "%9 complianceF 7s it the position of the *BN and
    NNDB that <sst) Bar Counsel Ging may communicate Cith the ;anel outside of Coughlin4s presence
    as to suAstantive and procedural mattersF
    - 403-
    1
    2
    Q0rom: tsusich`nvdetr)org /o: Iachcoughlin`hotmail)com CC:
    ;atric5G`nvAar)org Date: 0ri, #7 Bul #%"# %&:.&:%" 2%7%% *uAEect: +(: referral to
    Northern Nevada Disciplinary Board Dear 9) Coughlin: 7 am in receipt of your
    re3uest for a hearing Aefore the Northern Nevada Disciplinary Board) 7 have
    forCarded your re3uest to the Nevada *tate Bar4s Northern $ffice for processing)
    ;lease communicate directly Cith the *tate Bar concerning your case) /hey are the
    ones Cho Cill process your re3uest and set up any appropriate hearings) 7f you have
    3uestions you can contact ;at Ging, the Northern Nevada Bar Counsel) *incerely, B)
    /homas *usich, (s3) 0rom: Zach Coughlin Lmailto:Iachcoughlin`hotmail)comM
    *ent: /hursday, Buly #, #%"# "%:3% <9 /o: /om *usich *uAEect: referral to Northen
    Nevada Disciplinary Board Dear 9r) *usich, 7 am Criting to re3uest a hearing Aefore
    the Northen Nevada Disciplinary Board and to ma5e sure the Board has the correct
    contact information for me) 7 am representing myself) *incerely, Zach Coughlin ;$
    B$U 39")Y
    P 30 %%%%8iing of papers: :nder the statute, the cler54s duties include the oAligation to file all
    papers properly Aefore him) 8amilton v Department of 7ndustry, 6aAor N 8uman +elations, . ?is
    #d 73, #%3 N?#d 7 (ovrld on other grounds +e ;eCau5ee (?is' #4" N?#d %3') /he acceptance of
    the filing of a complaint is a mere ministerial act, and the officer charged Cith the responsiAility of
    receiving the same is re3uired to accept Chat is tendered to him if it is accompanied Ay the proper
    fee) *tate e1 rel) Gaufman v *utton (0la <pp' #3" *o #d &74) <s a ministerial officer, it is the
    mandatory duty of the cler5 of the Court of Civil <ppeals to file and forCard to the *upreme Court
    any document tendered to him appertaining to an appeal in any cause pending in that court Chich is
    addressed to the *upreme Court) ?agner v @arrett, ""4 /e1 3#, #9 *? "%3%) < paper is filed Cith
    the cler5 of court Chen it is delivered to him for that purpose) 9orthland v 6incoln Nat) 6ife 7ns) Co),
    ##% 7nd 9#, 4# N(#d 4", reh den ##% 7nd 734, 4 N(#d #%3) 0ootnote "7) *tate e1 rel) ?anama5er
    v 9iller, "4 $hio *t "74, .7 $hio $ps ".", "#& N(#d "%&)
    7t is not incumAent upon one Cho has the ministerial function of accepting the filing of a
    complaint to Eudicially determine the legal significance of the tendered document) *tate e1 rel)
    Gaufman v *utton (0la <pp' #3" *o #d &74)
    <t the ""!"4!"# 0ormal 8earing, Bar Counsel Ging set out his curious ta5e on Eust Chat is to
    Ae included in the +$<, and under Eust Chat circumstances the documents Coughlin suAmits for
    filing Cill actually Ae filed (and, in the case of the "%!3"!"# ;re28earing 9otion to Dismiss, and for
    *ummary Budgment, and 9emorandum of 6aC that Coughlin has a file stamped copy of (and see
    (1hiAit "4 from the ""!"4!"# formal hearing for a pretty darn good idea of Eust Chat that "%!3"!"# file
    stamped filing missing from the +$< loo5s li5e, Cith special attention on the file stamping that is
    oAscured through Aeing Qscratched outY, noting the curious choice of Chair (cheverria in copying the
    - 404-
    1
    2
    more legiAle of the the tCo choices (AetCeen (1hiAit "4 and ".' from Chich to draC his choice for
    (1hiAit ") 0urther, Ging4s (1hiAit "# and "3 Cere not admitted)
    7t is the duty of the cler5 of the municipal court to file notice of appeal Chether presented in
    time or not= the determination of the 3uestion Chether the appeal Cas properly ta5en is the province
    of the <ppellate /erm on motion to dismiss) ;eople e1 rel) /rost v Bird, "&4 <pp Div 779, "7# N>*
    4"#) 0ootnote #4) <le1andria Naval *tores Co) v B) 0) Ball Bro) 6umAer Co), "#& 6a 3#, .4 *o "%3.)
    0ootnote #.) Brelsford v Community 8igh *chool Dist), 3#& 7ll #7, ".9 N( #37) 0ootnote #) *tate v
    @illette4s (state (/e1 Com <pp' "% *?#d 9&4 (use of Cords Dat laCD')
    P 35 Custody and care of recordsD 7t is the duty or function of a cler5 of court to ma5e and 5eep an
    accurate record #7 of the proceedings in his court #& and of Chat the court orders and adEudges) #9
    7n the performance of these duties the cler5 acts ministerially 3% and under the e1clusive Eurisdiction
    and direction of the court, 3" and has no poCer to pass on or contest the validity of any act of the
    court Chich purports to have Aeen done in the performance of its Eudicial function) 3# ?here
    re3uired Ay statute the cler5 must ma5e some record of the filing of a paper presented to him, 33
    5eep a current general inde1 of recorded instruments, 34 and 5eep a trial 3. or special proceeding
    doc5et) 3 7t is the cler54s duty to carefully preserve in his office papers filed Cith him and not to
    permit their CithdraCal or removal, 37 e1cept Cith leave of court) 3& < retiring cler5 of court must
    turn over to his successor in office all records, Aoo5s, and property of his office) 39 ?hile it is
    recogniIed that a cler5 of court may maintain mandamus proceedings to oAtain from his predecessor
    in office Aoo5s and papers in the latter4s possession Aelonging to the office, 4% it has Aeen held that
    mandamus Cill not lie against a private individual ac3uiring possession of the records sought to Ae
    recovered, though possession Cas oAtained under a pretended claim to the office of cler5, Chere no
    de Eure or de facto status Cas accorded to the claimant) 4" 7t is the ordinary duty of the cler5 of a
    court of record to e1tend the records of the court from the processes and pleadings on file, and he
    cannot resort to e1trinsic evidence for that purpose) 4# 8e has the right to regard as correct, the
    entries made and the processes issued Ay his predecessors, and if, from the inaccuracy of his
    predecessors, errors are found in the records as e1tended Ay the incumAent cler5, the fault is not his)
    43 8e has only the poCers incident to his duties as custodian of the records, and conse3uently he
    has no authority to ma5e alterations therein) 44 7n fact, he cannot alter the record of his oCn acts,
    since the ma5ing of the record has e1hausted his authority, and his only remaining poCers are to 5eep
    and preserve the record safely) 4. 7t is the province of the court alone to correct clerical errors, to
    effect the restoration of papers Chich have Aeen improperly altered or defaced, and to provide for the
    suAstitution of neC ones Chen the originals are lost or stolen) 4 /he cler5, as custodian of the
    records, is suAEect to the general rules governing custodians of puAlic records Cith respect to the
    rights of aAstracters and memAers of the puAlic generally to inspect or copy) 47 0ootnotes 0ootnote
    #7) *tate v +oc5erfeller, 9 <riI <pp #., 4." ;#d #3, cert den 39 :* 9#%, #4 6 (d #d "99, 9% *
    Ct #47= 6ong v *phaler, &9 0la 499, "%. *o "%"= Brelsford v Community 8igh *chool Dist), 3#& 7ll
    - 405-
    1
    2
    #7, ".9 N( #37= *tate v 0urry, #.# 7nd 4&, #.% N(#d .9%= Bush v Bush, ".& Gan 7%, ".% ;#d
    "&= 9cGay v Coolidge, #"& 9ass ., "%. N( 4..= *tate e1 rel) CaldCell v Coc5rell, #&% 9o #9,
    #"7 *? .#4= ;eople e1 rel) 8arris v 6indsay, #" <pp Div #d "%#, #4& N>*#d 9", affd ". N>#d
    7.", #.7 N>*#d "7, #%. N(#d 3"#= *tate e1 rel) Bournal Co) v County Court for +acine County,
    43 ?is #d #97, "& N?#d &3) /he court Cill ta5e Eudicial notice that the cler5 of court is the legal
    custodian of the records in his office) 9aroon v 7mmigration N NaturaliIation *ervice (C<&' 34
    0#d 9&#, # <6+ 0ed #9#) 0ootnote #&) *tate v +oc5erfeller, 9 <riI <pp #., 4." ;#d #3, cert den
    39 :* 9#%, #4 6 (d #d "99, 9% * Ct #47= +oAertson N ?ilson *cale N *upply Co) v +ichman, #"#
    9ich 334, "&% N? 47%= *tate e1 rel) 9orris Bldg) N 7nv) Co) v BroCn, ##& 9o <pp 7%, 7# *?#d
    &.9= 0oglio v <lvis (C;' 7. $hio 6 <As ##&, "43 N(#d 4") 0ootnote #9) *tate v +oc5erfeller, 9
    <riI <pp #., 4." ;#d #3, cert den 39 :* 9#%, #4 6 (d #d "99, 9% * Ct #47= 8enderson v
    0reeman, #%. <r5 &., "7" *?#d = *tanton v <r5ansas Democrat Co), "94 <r5 "3., "% *?#d
    .&4= Bush v Bush, ".& Gan 7%, ".% ;#d "&= 0oglio v <lvis (C;' 7. $hio 6 <As ##&, "43 N(#d
    4"= CommonCealth use of $rris v +oAerts, "&3 ;a *uper #%4, "3% <#d ##, revd on other grounds
    39# ;a .7#, "4" <#d 393, 7" <6+#d ""#4= 8umphrey v 9auIy, ".. ? -a &9, "&" *(#d 3#9) <
    prothonotary has an aAsolute statutory duty to properly inde1 all Eudgments and his failure to do so
    renders him liaAle on his Aond) CommonCealth use of $rris v +oAerts, supra) 0ootnote 3%) *tate e1
    rel) Druissi v <lmand (0la' 7. *o #d 9%.= ;eople e1 rel) ;ardridge v ?indes, #7. 7ll "%&, ""3 N(
    949= *tate e1 rel) CaldCell v Coc5rell, #&% 9o #9, #"7 *? .#4= Barrett v Barrett, #%7 $5la #34,
    #49 ;#d &&) 0ootnote 3") ;eople e1 rel) ;ardridge v ?indes, #7. 7ll "%&, ""3 N( 949= Barrett v
    Barrett, #%7 $5la #34, #49 ;#d &&) 0ootnote 3#) *tate e1 rel) Druissi v <lmand (0la' 7. *o #d 9%.)
    0ootnote 33) *tate v BruAa5er, 3.# 9o 4"4, "77 *?#d #3) 0ootnote 34) 6and v 6eCis, #99 Gy &,
    "& *?#d &%3, ".9 <6+ %" (cler5 not re3uired to go Aac5 prior to his term of office and ma5e up
    general inde1 Chich should have Aeen Aut Cas not 5ept up currently') 0ootnote 3.) 6ittle v
    (mployer4s Casualty Co) "&% $5la #&, 7" ;#d &7) 0ootnote 3) *tate /rust Co) v /oms, #44 NC
    4., 94 *(#d &%) 0ootnote 37) Brelsford v Community 8igh *chool Dist), 3#& 7ll #7, ".9 N( #37=
    $hio 0armers Co2op) 9il5 <ss4n v Davis, .9 $hio <pp 3#9, "3 $hio $ps "", #. $hio 6 <As ..",
    "7 N(#d 9#4) 0ootnote 3&) <ll papers in a cause should Ae preserved Ay the cler5 and should not Ae
    ta5en from the office e1cept Cith leave of court) Brelsford v Community 8igh *chool Dist), supra)
    0ootnote 39) :nderCood v ?atson, ##3 NC 437, #7 *(#d "44) 0ootnote 4%) *ee *tate e1 rel) ?ells v
    Cline, #9 $5la ".7, "" ; 77 (Ay implication') 0ootnote 4") *tate e1 rel) ?ells v Cline, #9 $5la ".7,
    "" ; 77, Chere the relator alleged that ever since the organiIation of the court he had Aeen the de
    Eure and de facto cler5) 0ootnote 4#) 0rin5 v 0rin5, 43 N8 .%&) 0ootnote 43) 0rin5 v 0rin5, supra)
    0ootnote 44) 0rin5 v 0rin5, 43 N8 .%&) /he duties of a cler5 Cill vary Cith the nature of the court
    and its re3uirements= thus, in the *upreme Court of the :nited *tates, Chich e1ercises an almost
    entirely appellate Eurisdiction, the copies of the record of the case are an essentia part of the
    procedure, and the cer" is responsi#e to the court for the correctness and proper inde'ing of
    the printed copies of the record, for their presentation to the 6ustices in the form and siRe
    - 406-
    1
    2
    prescri#ed #y the rues, and for their dei)ery to the parties entited thereto, Bean v ;atterson,
    ""% :* 4%", #& 6 (d "9%, 4 * Ct #3) *uch a duty Could rarely Ae performed Ay the cler5 of a trial
    court) 0ootnote 4.) (lliott v 6essee of ;eirsol, # :* 3#&, 7 6 (d "4) 0ootnote 4) 6eCis v +oss,
    37 9e #3%= 0rin5 v 0rin5, 43 N8 .%&= +emic5 v Butterfield, 3" N8 7%= Chichester v Cande (N>' 3
    CoC 39= 8ollister v Budges of Dist) Court, & $hio *t #%") (ven the court cannot direct the alteration
    of a true record of Chat has Aeen said or done, even though perEured testimony is a part thereof)
    Coppoc5 v +eed, "&9 7oCa .&", "7& N? 3&#, "% <6+ "4%7) 0ootnote 47) *ee " <m Bur #d,
    <Astracts of /itle KK &2""= <m Bur #d, +ecords and +ecording 6aCs KK "9 et se3) (nforcement of
    right of inspection Ay mandamus, see K 37, infra)
    P 3E Effect of #reach of duty on rights of itigants:
    /hose dealing Cith the cler5 of a court concerning an action or matter then pending have a
    right to e1pect that he Cill perform the ministerial duties connected Cith his office, and his neglect or
    failure to do so should not preEudice their rights) 7. /his principle has Aeen fre3uently applied in
    cases Chere a party see5s relief from a Eudgment rendered against him Ay reason of some mista5e or
    default of the cler5) 7 8oCever, Chere no duty e1ists, 77 or Chere the negligence of the attorney
    or suitor intervenes, 7& relief Cill Ae denied them, even Chere they relied on promises or statements
    of the cler5, 79 or Chere the cler5 failed to ansCer letters of in3uiry aAout the status of the case and
    Eudgment Cas rendered Cithout their 5noCledge) &% 7t may Ae noted here that the improvident
    e1ercise of authority Ay the cler5, as Chere an order of sale is issued Ay him Cithout the direction of
    the party entitled thereto, may not preEudice the rights of innocent purchasers) &" But Chere a Crit of
    assistance is granted Ay the cler5, Cithout action of the court, to the holder of a sheriff4s deed on a
    mortgage foreclosure, the Crit is void and should Ae vacated on direct attac5) &# < cler5 of court is,
    generally spea5ing, liaAle personally and on his official Aond to a litigant inEured as a result of his
    negligence or misconduct) &3 0ootnotes 0ootnote 7.) ?illiams v /yler, "4 <la <pp .9", 7" *o .",
    cert den "9& <la 9, 73 *o "%%#= 8ogs Bac5 Consol) 9ining Co) v NeC Basil Consol) @ravel
    9ining Co) . Cal ##, # ; 4&9= *ilverman v Childs, "%7 7ll <pp .##= 9ay v ?olvington, 9 9d ""7,
    "4 < 7%= /hompson v *harp, "7 NeA 9, ## N? 7&= 8op5ins v Niggli (/e1' *? #.= Blac5 v
    8urlAut, 73 ?is "#, 4% N? 73) 0ootnote 7) 7vester v 9oIeley, &9 @a <pp .7&, &% *(#d "97)
    <nnotation: "4 <6+ ..# et se3), K 777) 0ailure of the cler5 to notify an appellant of completion of
    the transcript is good cause for refusing to dismiss an appeal on the ground that a certified copy of
    the Eudgment and the granting of the appeal Cas not filed in the appellate court Ay the cler5, in the
    time re3uired Ay statute, particularly Chere the cler5 affirmatively stated that illness of a deputy and
    rush of Ausiness had prevented him from completing the transcript in time to file it) ;ar5s v 9arshall,
    3## 9o #"&, "4 *?#d .9%, # <6+ &3.) 0ootnote 77) /rala v 9elmar 7ndustries, 7nc) (Del' #.4
    <#d #49= ?estern :nion /el) Co) v @riffin, " 7nd <pp 4, #7 N( ""3= Bac5son v Bones (Gy' 33
    *?#d ..= -alley 0inance Co) v Campana, ""# $hio <pp 4%., "3 $hio $ps #d 47#, &3 $hio 6 <As
    .77, "7 N(#d .4, motion overr) 0ootnote 7&) ?estern :nion /el) Co) v @riffin, " 7nd <pp 4, #7
    N( ""3) 0ootnote 79) Bernier v *chaefer, "" 7ll #d .#., "44 N(#d .77= 6iAert v /urIyns5i, "#9 7ll
    - 407-
    1
    2
    <pp #d "4, ## N(#d 74" (deputy cler5'= ?estern :nion /el) Co) v @riffin, supra) < cler5 of court
    is not liaAle, Aecause a party relied upon his gratuitous advice on a matter having no relation to the
    duties of his office) /rala v 9elmar 7ndustries, 7nc) (Del' #.4 <#d #49) 0ootnote &%) ?illiams v
    ?escott, 77 7oCa 33#, 4# N? 3"4= 0irst Nat) Ban5 v ?entCorth, #& Gan "&3= @anIer v *chiffAauer,
    4% NeA 33, .9 N? 9&= ;ulas5i $il Co) v Conner, # $5la #"", "# ; 44) 0ootnote &") *oCles v
    8arvey, #% 7nd #"7, plaintiff oAtaining Eudgment in mortgage foreclosure proceeding may not set
    aside sheriff4s sale Ay reason of cler54s unauthoriIed issue of order of sale on Eudgment) 0ootnote &#)
    ?illiams v *herman, 3. 7daho "9, #%. ; #.9, #" <6+ 3.3, Cherein a motion to vacate Crit on the
    ground that it Cas granted Ay the cler5 Cithout notice Cas held to Ae a direct, not a collateral, attac5)
    0ootnote &3) KK #& et se3), infra)
    P 3? Negigence or misconduct:
    /he principle that a puAlic officer should Ae held to a faithful performance of his official duties and
    made to ansCer in damages to all persons Cho may have Aeen inEured through his malfeasance,
    omission, or neglect &4 applies to the negligence, carelessness, or misconduct of a cler5 of court) &.
    <s a puAlic ministerial officer, the cler5 is ansCeraAle for any act of negligence or misconduct in
    office resulting in inEury to the complaining party) & 7n order to render the cler5 of court and the
    sureties on his official Aond liaAle for the cler54s misfeasance, Aoth a Areach of duty and conse3uent
    damage must Ae shoCn) &7 9oreover, to Carrant relief, the Crong and the resulting inEury must
    concur= the cler54s misconduct or negligence must Ae the direct and pro1imate cause of the inEury) &&
    7f the inEury Could have folloCed notCithstanding the misconduct, or if the inEured party contriAuted
    to the result in any degree Ay his oCn fault or neglect or that of his attorney, he has no legal ground of
    complaint and the cler5 cannot Ae held responsiAle) &9 :nder applicaAle statutory provisions, a cler5
    of court may Ae held liaAle on his Aond for failure to issue a Crit, citation, or process= 9% for the
    improper issuance of letters of guardianship ChereAy an unauthoriIed person Cas aAle legally to
    procure funds of another and s3uander them= 9" for negligence or misconduct in issuing a Carrant of
    arrest= 9# for failure properly to doc5et a Eudgment= 93 for failure to properly inde1 a Eudgment= 94
    for failure to enter an attachment Cithin the time fi1ed Ay laC= 9. for failure to ta1 costs= 9 for
    failure to include a Eudgment on a mortgage certificate furnished in connection Cith a partition sale=
    97 for failure to reEect a surety Aond e1ecuted Ay a person ineligiAle to act as surety under the statute=
    9& for not re3uiring a surety to 3ualify upon a Aond e1ecuted Ay him as such surety= 99 or for failure
    properly to 5eep records of a case and for informing the court inaccurately of its status) " 7n those
    Eurisdictions Chere a cler5 of court serves also as recorder of deeds and mortgages, Areach of his
    duties as a recording officer may give rise to an action on his official Aond as cler5, # such as his
    failure to record an instrument lodged Cith him for recording)
    K #& 2222Negligence or misconduct <pplicaAility of Eudicial immunity to acts of cler5 of court under
    state laC, 34 <6+4th ""&) Case authorities: < county cler5 of court did not have sovereign
    immunity against an action for indemnity Ay a title insurance company Chere the an employee of the
    cler54s office improperly inde1ed a document Chich affected the title to a parcel of real estate Aecause
    - 408-
    1
    2
    the cler5 had a statutory duty to properly record and inde1 documents in the puAlic records and puAlic
    policy considerations favor accountaAility Ay the cler5 for negligence) 0irst <merican /itle 7ns) Co) v
    Di1on ("99#, 0la <pp D4' %3 *o #d .#, "7 06? D "7%&, revieC den (0la' "3 *o #d 3) *overeign
    immunity did not protect state from liaAility for failure of county cler5 to timely doc5et Eudgment
    since act of recording Eudgment Cas not discretionary) National ?estminster Ban5 v *tate ("9&9, "st
    Dept' ".. <D#d #", .4 N>*#d &4, app gr 7. N>#d 7%, ..# N>*#d 9#9, ..# N(#d "77 and
    affd 7 N>#d .%7, ." N>*#d .4", .# N(#d &) < cler5 of court is liaAle in a civil action for a
    negligent omission to perform a statutory duty Chich pro1imately causes inEury to another, unless the
    inEured party Cas contriAutorily negligent) 9addo1 v <stro 7nvest), 4. $hio <pp #d #%3, 74 $hio
    $ps #d 3"#, 343 N(#d "33) /he failure of the cler5 of the Court of Common ;leas to doc5et and
    inde1 a certificate of Eudgment for several days after it is delivered and filed constitutes negligence)
    9addo1 v <stro 7nvest), 4. $hio <pp #d #%3, 74 $hio $ps #d 3"#, 343 N(#d "33) 7.# *?#d ""&)
    0ootnotes 0ootnote &4) *ee 3 <m Bur #d, ;uAlic $fficers and (mployees KK #&7 et se3) 0ootnote
    &.) 6ic5 v 9adden, 3 Cal #%&) 0ootnote &) (slava v Bones, &3 <la "39, 3 *o 3"7= Cler5s of the
    *uperior Court are no less liaAle for the negligent performance of their official duties than for a
    failure to perform such duties) /ouchton v (chols County, #"" @a &., &4 *(#d &") 0ootnote &7) Neal2
    Blun Co) v +ogers, "4" @a &%&, &# *( #&%) 0ootnote 9#) *tine v *huttle, "34 7nd <pp 7, "&
    N(#d "&, holding that the cler5 of court Cas liaAle in damages for false arrest Aased on his
    negligence or misconduct in issuing a Carrant of arrest) ) 0ootnote 94) *hac5elford v *taton, ""7 NC
    73, #3 *( "%") < prothonotary has an aAsolute statutory duty to properly inde1 all Eudgments and his
    failure to do so renders him liaAle on his Aond) CommonCealth use of $rris v +oAerts, "&3 ;a *uper
    #%4, "3% <#d ##, revd on other grounds 39# ;a .7#, "4" <#d 393, 7" <6+#d ""#4) 0ootnote 9&)
    ;eople v 9ay, #." 7ll .4, 9. N( 999, error dismd #3# :* 7#%, .& 6 (d &"4, 34 * Ct %#)*ee,
    *tephen v DreC (DC -a' 3.9 0 *upp 74, involving an action against a cler5 of court and others for
    Crongful commitment of the plaintiff for mental illness, Cherein the court stated that, although some
    decisions have articulated a D3uasi2EudicialD immunity of cler5s of court, cler5s of court enEoy no
    immunity at all) /here is no immunity from suit for cler5s of court in the performance of their
    ministerial duties, such as the filing of papers) 9cCray v 9aryland (C<4 9d' 4. 0#d ")
    <s such, Bar Counsel ""!#!"# argument Cithin his (1 ;arte (mergency 9otion to Juash
    Coughlin4s suApoena on Cler5 of Court ;eters should not Aenefit from an *C+ "% application (nor
    should a suApoena on Aar counsel, really, especially Chere Coughlin Cas repeatedly forced to testify,
    Chile acting as his oCn counsel in self representing, to the very sorts of matters to Chich Coughlin
    sought to 3uestion Ging and ;eters, including Chether they received this or that, Chat the envelope
    on the "%!9!"# filed Notice of 7ntent /o /a5e Default indicated (Coughlin Citnessed doCntoCn :*;*
    Cler5 Q/imY ma5e a handCritten notation thereon upon refusing to provide such certified mailing to
    Coughlin due to the insufficient postage the *BN had affi1ed to mailing, one for Chich the *BN sent
    to Coughlin Ay one, and only one method, a single certified mailing (in steadfastly refusing to
    ac3uiesce to Coughlin4s re3uests that the $BC!Cler5 of Court!NNDB!;anel copy Coughlin on every
    - 409-
    1
    2
    such filing or communication via fa1 or email or Aoth (domestic violence victim issues, :*;*
    $fficial Change of <ddress 7ssues, Coughlin essentially Aeing to scared of local laC enforcement for
    some time to ma5e his physical address puAlic, etc)')
    ;(/(+* <ND /8( sAn violate Chitman, sullivan, donoho, Aarnes and their progeny Chere
    refusing to file coughlin4s suAmission and N+C; .(e')
    *C+ "%.(#'(f' does note permit the *BN to fail to transmit the +espondnet the +$<4s volume 3:
    Q (f'ZCourt reporter)ZZ<ll formal hearings shall Ae reported Ay a certified court reporter, Chich
    cost may Ae assessed against the attorney pursuant to +ule "#%) <ny party desiring to have any other
    disciplinary proceedings reported must arrange in advance for a certified court reporter at the partyRs
    oCn e1pense)Y
    W
    scr "%.(3')ZZ+evieC Ay supreme court)
    (a'Z/ime and manner of appeal)ZZ< decision of a hearing panel shall Ae served on the attorney,
    and service shall Ae deemed Notice of (ntry of Decision for appeal purposes) (1cept as provided in
    +ule "%.(3'(A', a decision is final and effective 3% days from service, unless an appeal is ta5en Cithin
    that time) /o the e1tent not inconsistent Cith these rules, an appeal from a decision of a hearing panel
    shall Ae treated as Could an appeal from a civil Eudgment of a district court and is governed Ay the
    Nevada +ules of <ppellate ;rocedure
    7n titling the "#!"4!"# 0$0C$6 as it did (the title of the filing under the caption indicates it to
    Ae a Q0indings of 0act= Conclusions of 6aCY)))failing to identify such, in any Cay, as a
    +ecommendation, Decision, +uling, $rder, or any other similar designation sufficent to invo5e *C+
    "%.(3', the ;anel has failed to enter a QdecisionY sufficient to satisfy *C+ "%.(3', ma5ing the *BN4s
    filing of either version of the +$< premature, as, also, is the issuance of any Briefing *chedule)
    0urther, Chair (cheverria clearly provided for, on the record, during the ""!"4!"# formal hearing, for
    the suAmission of post2hearing Ariefs, and Ging, and *BN Cler5 of Court ;eters have failed to
    faithfully included such and the e1hiAits attached thereto in the +$<s that they have suAmitted to this
    Court)
    7s it that NNDB!panel! and oAc4s psoition that motions for neC trial are impermissiAleF does
    the sAn !cler5 of court have the authority to unilaterally not filethem inF (scr
    oh, and there is definitely a part to the conversation Cith 6aura ;eters of 9!""!"# Chere Couglin
    e1pessly, specifically ma5es clear to her that he is not indicating one Cay or the other Chether he
    received the Complaint (that that actual receipt of the Complaint mattered much in %3%# Chen it
    came to (lcano and ?ashoe 6egal *ervices)))parties are entitled to demand strict and actual
    compliance Cith service rules vis a vis complaints)
    Cill you please stipulate to the . day e1tension at least, and more preferaAly the 3% day e1tensionF
    - 410-
    1
    2
    Couglin has sought to finally Ae provided something in Criting from each the *BN, *BN Cler5
    of Court, ;anel Chair and Chair of the NNDB representing the actual state of the laC in this
    Disciplinary District under *C+ "%.(.', pleaseF i don4t thin5 it is acceptaAle to go inserting in page
    #" in the +$<, nor is it acceptaAle only mail <ppellant tCo of the three volumes)) 8oC is it
    permissiAle to Eust place an +BC /;$!(;$ in +BC +C;#%"#2%%%%7 into the +$< in #337
    disciplinary matter, not even as an attachment to some filing in #337, Aut Eust as some odd stand
    alone fi1ture placed into the +$<F 8oC is it o5ay to suddenly decide to put a "%!9!"# <ffidavit of
    6aura ;eters in the file Chere reodering the <lphaAetical inde1 according to chronology reveals that
    <ffidavit (Chich lac5s a caption, and a proof of service, etc), etc')))there is no division AetCeen the
    NNDB;<N(6*BNC6(+G$0C$:+/$BC))))9ay 7 please have a file stamped copy of the cover
    page and of the cd!dvds attached to the motion for neC trial and the supplment!amended mtn for neC
    trial, etc)F
    7s it that NNDB!panel! and oAc4s psoition that motions for neC trial are impermissiAleF does the
    sAn !cler5 of court have the authority to unilaterally not filethem inF /he *BN is apparently resting
    upon some contention that Coughlin violated a /;$ and (;$ in +BC +C;#%"#2%%%%7 in the alleged
    manner in Chich he suAmitted for filing on "!3!"3 a 9otion for NeC /rial, etc) and an amended or
    supplemental version thereof (in compliance Cith N+C; ".' on "!"7!"3 or thereaAouts (and prior to
    any $pposition thereto Aeing filed Ay the *BN or the e1piration of the time period in Chich such Cas
    permitted') (ven if Coughlin4s allegedly suAmitting a filing Ay fa1 on "!"7!"3 (and, to Ae clear, the
    *BN!;anel!NNDB!$BC had previously communicated to Coughlin that such Cas a permissiAle
    method of suAmitting filings, and at no point Cas it ever communicated to Coughlin that such
    procedure had Aeen altered or any permission to do so CithdraCn)))and the curious and une1plained
    appearance of the "%!9!"# <ffidavit of 6aura ;eters, and the shuffling of the positioning thereof in
    considering its placement in the ""!&!"# delivered 3,#%% page production to Coughlin of a sort of
    consolation for the the *BN violation *C+ "%.(#'(c' in forAidding Coughlin the access he Cas
    entitled to (allegedly, pursuant to Chair (cheverria4s "%!3"!"# $rder', then in the first +$< filed
    herein on "#!#4!"#, then, again, in a third different position in the second +$< filed on #!"3!"#) /hat
    "%!9!"# <ffidavit of 6aura ;eters is an uni3ue thing indeed) 8oC it got in the file is une1plained) /o
    Chat filing it Aelongs or Cas attached is never made clear, nor is the matter of Chy it lac5s a caption
    or ;roof of *ervice on Coughlin)
    <lmost as trouAling as Budge @ardner4s failure to disclose that 6) gardner is hsi sister incident to the
    #!#!"# hearing in the criminal trespass case upon Coughlin4s prompting in #4%.)
    http:!!CCC)laC)indiana)edu!instruction!pmpurcel!vault!7n[+e[Bec5ner)pdf
    77& ne #d &%) motion for neC trials, alter amend reconsider, etc) are accepted in disciplinary
    matters)
    *C+ +uleZ""9)ZZ<dditional rules of procedure)))) 3,JJOther rues of procedure,JJE'cept as
    other!ise pro)ided in these rues, the Ne)ada -ues of Ci)i Procedure and the Ne)ada -ues of
    (ppeate Procedure appy in discipinary cases)
    Coughlin filed several tolling motions a ala N+C; .9(a'2(e' sufficinet to auguer toCards
    stri5ing the "#!#4!"# filings and Briefing schedule in #337) ;ost2Budgment /olling 9otions N+<;
    4(a'(4' should apply to *C+ "%. identifies the four recogniIed types of tolling motions: ") < motion
    for Eudgment under +ule .%(A'= #) < motion under +ule .#(A' to amend or ma5e additional findings
    - 411-
    1
    2
    of fact 3) < motion under +ule .9 to alter or amend the Eudgment= and 4) < motion for a neC trial
    under +ule .9) <ccording to N+C; .%(A', .#(A' and .9, these tolling motions must Ae filed Cithin "%
    days after service of the Critten notice of entry of the Eudgment or order) <side from timely filing a
    tolling motion, the filing party must also serve the motion Cithin the "%2day period) 7 $therCise, the
    tolling motion is not timely, and the trial court is Cithout Eurisdiction to consider an untimely tolling
    motion) & /olling (ffect of *ome ;ost2Budgment 9otions Bust Aecause post2Eudgment motions have
    Aeen filed does not mean that the time to appeal the principal Eudgment is automatically tolled)
    +ather, only some post2Eudgment motions have a tolling effect and other motions, Chich are not
    independently tolling, have a tolling effect only Chen comAined Cith other pending tolling motions)
    0or the most part, hoCever, the only tolling motions are the four listed in N+<; 4(a'(4') 9otion for
    +elief from Budgment < motion for relief from Eudgment filed according to N+C; %(A' must Ae filed
    Cithin si1 months unless some e1ception to the rule applies, such as: ("' the act complained of
    constitutes fraud upon the court, in Chich case there is no si12month deadline= 4 (#' the Eudgment is
    void= . or (3' the Eudgment has Aeen satisfied, released, discharged or a prior Eudgment upon Chich it
    is Aased has Aeen reversed or otherCise vacated, or it is no longer e3uitaAle that an inEunction should
    have prospective application) <s long as a motion under N+C; .%(A', .#(A' or .9 has Aeen properly
    and timely filed and served, it has a tolling effect under N+C; .%(A', .#(A' and .9) 8oCever, an
    untimely tolling motion has no tolling effect upon the time to appeal from the final Eudgment) 7f there
    is any douAt on Chether the postEudgment motion Cill have a tolling effect, it is Aest to file a notice of
    appeal from the final Eudgment so as to not potentially Caive appeal rights) 9otion for
    +econsideration!+ehearing 8istorically, motions for reconsideration have Aeen categorically treated
    as not having a tolling effect upon a final Eudgment) 7n fact, (DC+ #)#4(A', and other similar local
    rules, state, Qa motion for reconsideration does not toll the 3%2 day period for filing a notice of appeal
    from a final order or Eudgment)Y 8oCever, the Nevada *upreme Court has recently ta5en a functional
    approach to determine Chether a motion for reconsideration or rehearing should Ae treated as tolling:
    QL?Me hold that so long as a post2Eudgment motion for reconsideration is in Criting, timely filed,
    states its grounds Cith particularity, and Ore3uestLsM a suAstantive alteration of the Eudgment, not
    merely the correction of a clerical error, or relief of a type Cholly collateral to the Eudgment,R ))) there
    is no reason to deny it N+C; .9(e' status, Cith tolling effect under N+<; 4(a'(4'(C')Y "# <s long as
    a motion for reconsideration or rehearing meets these conditions, it does have a otion for
    +econsideration 7n earlier case laC, the Nevada *upreme Court held that there can Ae no appeal from
    a post2Eudgment order denying reconsideration Aecause no statute or court rule e1pressly authoriIed
    such an appeal) "7 8oCever, more recent case laC holds that the Nevada *upreme Court Cill revieC
    an order denying a post2Eudgment motion for reconsideration in the course of an appeal from the final
    Eudgment Chen ("' the district court elects to decide the motion for reconsideration on its merits= and
    (#' the notice of appeal from the final Eudgment is filed after the order resolving the motion for
    reconsideration) "& ;ost2Budgment /olling 9otions $f the four tolling motions listed in N+<; 4(a'
    (4', not all are independently appealaAle) <n order denying a motion filed under N+C; .%(A' is not
    independently appealaAle, Aut since the motion is tolling, the Nevada *upreme Court Cill consider
    the .%(A' proceedings in the conte1t of an appeal from the final Eudgment) #% /he same holds true for
    an order denying a motion to alter or amend filed under N+C; .9(e') #" 8oCever, an order resolving
    a motion for neC trial is independently appealaAle, ## Aut only if the order is entered post2Eudgment)
    #3 ?hen in douAt of Chich order to name in the notice of appeal, it is Aest to name additional orders
    that may not Ae appealaAle instead of failing to identify the proper orders) <nd if a separate notice of
    appeal is re3uired Ay the rules, it should Ae a neC and separate notice of appeal instead of an
    amended notice of appeal) #4 7n conclusion, failure to folloC the rules governing post2Eudgment
    - 412-
    1
    2
    proceedings can Ae potentially fatal to a case) 8oCever, a proper understanding of these rules Cill
    ensure that post2Eudgment motions are timely filed, have the desired tolling effect and are properly
    preserved for Nevada *upreme Court revieC if an appeal is necessary " N+* "&)""%("') # *ee
    (Aerle v) *tate e1 rel) Nell B) +edfield /rust, "%& Nev) .&7, &3 ;)#d 7 ("99#') 3 ?inston ;rods)
    Co) v) DeBoer, "## Nev) ."7, "34 ;)3d 7# (#%%') 4 NC2D*8, 7nc) v) @arner, #"& ;)3d &.3 (Nev)
    #%%9') . N+C; %(A'(4') N+C; %(A'(.') 7 9orrell v) (dCards, 9& Nev) 9", 4% ;)#d
    "3## ("9&#'= see also DrafterRs Note for N+C; .9, #%%4 <mendment: Q*uAdivision (e' is amended to
    provide that a motion to alter or amend a Eudgment must Ae filed, not Eust served, Cithin the specified
    time period)Y (emphasis added') & $elsner v) Charles C) 9ee5 6umAer Co), 9# Nev) .7, ... ;)#d
    #"7 ("97' (stating that the district court Cas Cithout Eurisdiction to consider an untimely tolling
    motion filed under N+C; .9(e'') 9 DeBoer, "## Nev) at .#, "34 ;)3d at 73#) "% 7d) "" 7d)
    "# << ;rimo Builders, 66C v) ?ashington, #4. ;)3d ""9%, ""9. (Nev) #%"%' (citation omitted')
    "3 Consul) @enerator2Nevada, 7nc) v) Cummins (ngine Co), 7nc), ""4 Nev) "3%4, "3"#, 97" ;)#d
    "#.", "#. ("99&') "4 @umm v) 9ainor, ""& Nev) 9"#, .9 ;)3d "##% (#%%#') ". *ee DeBoer) "
    *ee /homas v) City of N) 6as -egas, "## Nev) &#, 9%, "#7 ;)3d "%.7, "%3 (#%%'= see also
    6ee v) @N6- Corp), "" Nev) 4#4, 4#, 99 ;)#d 4", 4"7 (#%%%' (holding that a post2Eudgment order
    aCarding attorney fees and costs may Ae appealed as a special order made after final Eudgment') "7
    ;helps v) *tate, """ Nev) "%#", 9%% ;)#d 344 ("99.') "& *ee <rnold v) Gip, "#3 Nev) 4"%,
    "& ;)3d "%.% (#%%7') "9 BrunIell Constr) Co), 7nc), of Nevada v) 8arrahRs CluA, 4%4 ;)#d 9%#,
    &" Nev) 4"4 ("9.', superseded Ay statute on other grounds Ay, Casino $perations, 7nc) v) @raham,
    & Nev) 74, 47 ;)#d 9.3 ("9.') #% Grause 7nc) v) 6ittle, ""7 Nev) 9#9, 34 ;)3d . (#%%"') #" *ee
    << ;rimo Builders, #4. ;)3d at ""97) ## N+<; 3<(A'(#') #3 +eno 8ilton +esort Corp) v)
    -erderAer, "#" Nev) ", "% ;)3d "34 (#%%.') #4 ?eddell v) *teCart, #" ;)3d "%&% (#%""'
    C$NC6:*7$N
    Pease grant this 9otion to *tri5e the defective and deficient, and curiously so, #!"3!"3
    +ecord on <ppeal in #337)
    Dated this 3!"9!"3
    [[!s! Zach Coughlin[[[[[
    Zachary Bar5er Coughlin
    - 413-
    1
    2
    CE-TI8IC(TE O8 SE-;ICED
    /he undersigned hereAy certifies that a true and correct copy of the foregoingMOTION TO
    ST-IIE 32/02/0 -ECO-< ON (PPE(L Cas placed in a sealed envelope and sent Ay :)*) +egular
    mail and certified mail, postage fully prepaid thereon, to:
    Patric" O, Iing, Es>,
    Ne)ada *ar No 7407
    157B <ou#e - *L;<
    -eno, N; ?153/
    TeD EE7 031 5/44
    patric""]n)#ar,org
    and Cas electronically served through the Nevada *upreme Court4s efle1 system on:
    David Clar5, (s3), Bar Counsel, *tate Bar of Nevada, registered on this Court4s e0le1 system
    8oCever, pursuant to the "!4!"3 (;$ issued to the *BN in *BN v Zach Coughlin Ay the +eno Bustice
    Court in +BC +C;#%"#2%%%%7, it is possiAle that Coughlin Cill again Ae arrested folloCing having
    +eno ;D $fficers trac5 unannounced into his Aac5 yard Cith guns draCn, soon to Ae pointed at
    Coughlin4s head from four feet aCay, incident to some rather duAious allegation that such electronic
    service through the (fle1 system somehoC amounts to a QcontactY violative of the "!4!"3 (;$ in
    %7)))
    Dated 4!#.!"3
    [[[[[[[[[[[[
    Zach Coughlin
    <ppellant
    - 414-
    1
    2
    Inde' to E'hi#itsD
    ") (1hiAit ": Declaration of Zachary Bar5er Coughlin
    #) (1hiAit #: various other relevant materials
    - 415-
    1
    2
    <ECL(-(TION O8 M(CC(-Y *(-IE- CO+.CLIND
    7, Zachary Bar5er Coughlin, sCear under penaty of perEury, N+* .3)%4. that the folloCing is true
    and correct to the Aest of my 5noCledge:
    ") /he +$< in #337 has had a very trouAled history) NoC, the second version of the +$<, file
    stamped #!"3!"3 (though the *BN has continued misaddressing the +$< is sends to Coughlin
    (Chich, this time, did include the /ranscript from the formal hearing and 8earing (1hiAits, unli5e
    Chat the *BN mailed to Coughlin in connection Cith the +$< filed on "#!#4!"#)))(page "%9& of
    the "#!#4!"# +$< contains a Certificate of *ervice By 9ail Cherein the *BN4s 6aura ;eters Crote:
    Q7 hereAy certify that 7 served a copy of the attached +ecord on <ppeal, -ol) "N#, Ay placing a
    copy in an envelope addressed to Zachary)))Y) /hat "#!#%!"# Certificate of *ervice By 9ail
    contains nothing indicating that there e1isted a -ol) 3 in said +$< file stamped "#!#4!"# upon all
    three volumes Aeing suAmitted to the Cler5 of Court of the Nevada *upreme Court')
    NoC, in the #!"3!"3 +$<, the order of presentation of the "%!9!"# <ffidavit of 6aura ;eters,
    and the "%!"#!"# Notice of 0ormal 8earing= Designation of ?itnesses and *ummary of (vidence is
    switched from the order those QfilingsY appeared in in the "#!#4!"# +$<, in an attempt Ay the *BN
    to ameliorate the impropriety apparent in the "#!#4!"# +$< Chere the "%!9!"# <ffidavit of 6aura
    ;eters appeared at Aates stamp pages 33234, immediately before the appearance, at pages 3.239 of
    the 34A3BA3B Notice of 0ormal 8earing= Designation of ?itnesses and *ummary of (vidence Ay the
    *BN4s Ging, Chere the Aates stamping in that +$< and order of pleadings on file is chronologically
    arranged from earliest (Aeginning Cith the &!#3!"# Complaint' to most recent (ending, in contrast to
    the #!"3!"3 +$<, on page "%9& Cith a Certificate of *ervice By 9ailing Ay ;eters of only -ol "N#
    of the +$< (ie, missing the 0ormal 8earing /ranscript and 8earing (1hiAits')
    $Aviously, the *BN finally figured out that it loo5s suspicious to suddenly depart from the
    placement of the "%!9!"# <$6; as appearing in the ""!&!"# 3,#%% page Aates stampe production as
    the last entry most recent filing in the chronologically arranged Q0ormal 8earing ;leadingsY folder
    and the immediately preceeding entry Aeing Aates stamped %#797 Aeing the ;anel Chair (cheverria4s
    "%!3"!"# $rder)) /hat is, the "%!9!"# <$6; appeared at Aates stamp page %#79., and the "%!"#!"#
    Notice of 0ormal 8earing= Do?*o( appeared at %#7", Cith a multitude of filings in AetCeen,
    including Coughlin4s "%!".!"# 9otion to Dismiss at %#9"", Chich the *BN had yet to put a file
    stamp on at that point (Chere Qthe file Cas sent to the printers on ""!"!"#Y according to ;eters and
    Ging4s email of ""!"!"# informing Coughlin that he Could not Ae permitted his rights to inspect the
    file Qup to Cithin 3 days of the hearingY as re3uired Ay *C+ "%.(#'(c') 7n the "#!#4!"# +$<,
    hoCever, that "%!".!"# 9otion to Dismiss is finally file stamped, appearing at Aates stamp page 4%)
    Couglin4s "%!".!"# 9otion for $rder /o *hoC Cause in %#%4 remains Cithout a file stamp in Aoth
    version so fthe +$<, despite it Aeing ruled on in the "%!3"!"# $rder Ay Chair (chverriaF Ging4s
    failure to oppose Coughlin4s argument that the &!#3!"# Complaint should Ae dismissed along lines
    similar to those Couglin4s Crongful termination Complaint against ?6* Cas dismissed under a
    N+C; "#(A'(3'2(.' line of argument given hoC Alurry and illegiAle the Complaint and (1hiAits
    thereto actually are (versus in %3%# and %3"7 (a case featuring Budge (lliott failing to dis3ualify
    himself or disclose his Board ;residency for one of 8earing ?itness (lcano4s co2defendants (Budge
    (lliott Cas then assigned Coughlin4s criminal appeal in of the matter underlying %&3&, in C+""2
    #%4, and thereafter Cas assigned numerous other competency evaluation and or criminal appeal
    matters Cherein Coughlin is a party (Cith the transcripts from teh 4!"9!"# and 4!#!"# competency
    - 416-
    1
    2
    hearings Aeing particularly relevant to the N+* "7&)4%. stay violations (and effect thereof upon
    Coughlin4s aAility to avoid a DC+ "3(3' application in connection Cith 8ill4s 4!"9!"# post2Eudgment
    9otion to 0or <ttorney 0ee sanctions (especially Chere N+C; ""4s safe harAor procedural re3uisites
    had not Aeen folloCed)))to say nothing of Bar Counsel possessing the &!#&!"# $rder Ay Budge
    0lanagan in that matter that conclusively proves the !#.!"# attorney fee aCard the suAEect of
    8earing (1hiAit # Cas not a sanction, Aut rather an application of DC+ "3(3', thereAy evincing some
    +;C violations of his oCn Ay Ging)))N+C; "" Cas not folloCed incident to the closing argument
    9otion for *anctions Ay *pringgate in D-%&2%""&, leading to the 4!"3!%9 $rder (suAse3uently
    suAsumed Ay a !"9!%9 0inal Decree that vitiates any suggestion that Coughlin4s contentions therein
    lac5ed merit Chere alimony Cas, in fact, aCarded)))and Chere that 8earing (1hiAit 3 applies N+*
    7)%&. Chere it Could seem the Budge Could have rather made a contempt finding, Aut didn4t, as
    such, the lac5 therof is conclusive proof that Coughlin4s conduct therein Cas not misconduct' the
    opposing side, C<<?4s (1cecutive Board, then going on to sanction Coughlin under N+* 7)%&.
    and or "&)%"%(#'(A' despite a "#(A'(.' dismissal necessarily meaning the Court never got to the
    merits of the Complaint, no #" day safe harAor motion Aeing served, and no actual hearing ever
    Aeing held to satisfy the re3uirement for one in N+* "&)%"%(#'(A', oh, and Budge (lliot managed to
    get all of Couglhin4s criminal appeals (._' Chere the actual process Couglin had served the
    defendnats Cas e1ponentially more legiAle than the Qfiddle Cith the scanner dpi settings and other
    contrast, oAfuscation settings in <croAat or other scanning applicationY approach ta5en Ay
    @onsalves, @arin, et al))))(it really is remar5aAle hoC scandalous the approach Cas there Chen
    vieCing the actual 9 page per page printed on a "#%% dpi laser printer version of the attached (1hiAit
    in those cases compared to the completely illegiAle and Alurry doctored versions attached as (1hiAits
    to the various 9otions to Dismiss)))an approach aAsolutely implemented Ay the *BN in fraudulently
    ma5ing as many of Couglin4s filings in the representations thereof in the +$<4s in #337 Ae
    similarly doctored up to Ae so Alurry as to lac5 an utility Chatsoever') Budge (lliott4s "!9!"3 $rder
    granting Coughlin 70; status in C+"#2#%#. and for the preparation of the /ranscript of the matter,
    +BC +C+#%""2%334" mentioned in Ging4s &!#3!"# Complaint and so connected to this matter
    given the e1treme pro1imity of that ""!"9!"# trial date therein, the 3uestionaAle in the e1treme
    ""!"3!"# (mergency 8earing involving the +eno City <ttorney the day Aefore the formal hearing in
    this matter, and the cumulative preEudice to Coughlin and *C+ "%#). mitigation support attendant to
    the arrest therein, on &!#%!"", Chich Cas the first of ". incarcerations of Coughlin since, along Cith
    appro1imately "" different No2Cause e)ictions of rather duAious Eurisdictional prere3uisites, Cith all
    the attendant conflicts of interest and Aasis for dis3ualification one might e1pect to arise therein (see
    Ging4s ""!#!"# 9otion to Juash Coughlin4s +9C *uApoenas, +C< Christensen4s letter, the ""!"3!"#
    oAEection Ay ?CD< DD< ?atts2-ial, etc), etc)) <n e1tension of time to file Coughlin4s $pening
    Brief Could alloC for the transcript in C+"#2#%#. (+BC +C+""2%334"' to Ae finished, and such is
    necessary to this matter)
    *pecifically, the "%!9!"# <ffidavit of 6aura ;eters (a very material document that goes to
    Chether the *BN Cler5 of Court!$BC!NNDB!;anel provided Coughlin an indication that he Cas
    permitted to suAmit filings via fa1 (considering NNDB Chairman *usich4s 7!#7!"# Critten
    instruction to Coughlin (see AeloC' and Ging4s numerous instances of directing Coughlin to
    communicate Cith *BN QCler5 of CourtY 6aura ;eters (including an instruction to Coughlin Ay Ging
    to do so made during the 3!#!"# appearance Ay Coughlin at the *BN DouAle + $ffice Chere
    Coughlin presented to ta5e Ging up on his offer to alloC Coughlin to revieC the grievances and
    materials suAmitted in connection thereCith)))at Chich time Ging refused to alloC Coughlin to
    revieC any such materials and only Ariefly alloCed Coughlin to read the tCo page #!"4!"# Critten
    - 417-
    1
    2
    grievance letter to the *BN regarding Coughlin Ay +9C Budge Nash 8olmes) <t that time, Ging
    indicated that Coughlin should have that #!"4!"# Nash 8olmes letter, to Chich Coughlin protested
    that he had not received any such letter (to Ae e1pected considering the Cell documented proAlems
    Coughlin Cas e1periencing during that period of time in accessing mail addressed to him at the "4##
    () 9
    th
    *t) ]# address') ;eters e1press indications to Coughlin on 9!""!"# Cere e1pression of the
    policies and procedures in play in light of *C+ "%.(4' and *usich and Ging4s representations to
    Coughlin (comAined Cith ;eters oCn e1press representations that she Cas the Q*BN Cler5 of CourtY
    and entitled to ma5e the calls on matters such as Chen and under Chat circumstances a Default
    Could Ae ta5en (she indicated several things in this respect to Coughlin') /o Chatever e1tent ;eters
    9!""!"# e1press indications to Coughlin that she Could file stamp in an filings he fa1ed to the *BN
    are considered to not Ae e1pressions of the rules and policies in play under *C+ "%.(4', Coughlin
    entitled to rely upon such indications, and reasonaAly did so, considering the totality of the
    circumstances) (specially Cith respect to the "#!"4!"# 0$0C$64s e1press recommendation that Qas
    a matter of default the alleged violation may Ae deemed admitted)))Y Cith respect to numerous
    alleged violations of +ules of ;rofessional Conduct, even those for Chich the 0$0C$6 found the
    *BN put on no evidence Chatsoever or or those
    *o, the "%!9!"# <ffidavit of 6aura ;eters Aecomes a very important QfilingY) *uch QfilingY (it
    is file stamped "%!9!"#, and notariIed no less, Cith a date of "%!9!"#' Cas never sent to Coughlin
    until it Cas included in the 3,#%% page Ao1 of documents provided on ""!&!"# as a consolation Ay the
    *BN for refusing to folloC *C+ "%.(#'(c') /hat "%!9!"# <ffidavit of 6aura ;eters appearaed Cithin
    the Aates stamped 3,#%% page document production Ay the *BN Cithin a section laAeled Q0ormal
    8earing ;leadingsY, and appeared numerically after Ging4s "%!#4!"# $pposition and before NNDB
    Chairman *usich4s "%!3%!"# $rder <ppointing 0ormal 8earing ;anel) /his indicates that either
    ;eters and the *BN Aac5 dated the file stamping on some Q<ffidavit of 6aura ;etersY to indicate it
    Cas filed in on "%!9!"#, or, that ;eters and or the *BN file stamped such an <ffidavit of 6aura ;eters
    on "%!9!"#, Aut did not place it in the Q0ormal ;leadings 0ileY at that time) +egardless, there is no
    indication that such "%!9!"# <ffidavit of 6aura ;eters Cas ever mailed to Coughlin, as there e1ists no
    dedicated Certificate of *ervice for it, nor is said "%!9!"# <$6; identified in any 7nde1 to (1hiAits
    or otherCise referenced in any other filing Ay the *BN) /he fact that that "%!9!"# <$6; contains
    numerous easily disproven misstatements in more trouAling, particularly Chere such misstatements
    relate to Eust Chen and hoC the *BN and or ;eters had one of Coughlin4s 9otions to Dismiss
    suAmitted for filing) Coughlin had digitally verifiaAle proof confirming he suAmitted for filing to the
    *BN his initial 9otion to Dismiss the &!#3!"# file stamped Complaint on 9!"7!"# Ay Aoth fa1 and
    email)
    ;eters aAsolutely indicated to Couglin that he Cas permitted to file Ae fa1 in a 9!""!"#
    communication Cith Coughlin, and that she Could file stamp any filings that Coughlin suAmitted via
    fa1) Both ;eters and Ging have Aeen dancing around this fact) /his is especially clear Chere the
    "%!9!"# <$6; only
    Q*uAEect: +(: 9otion to Dismiss *BN v) Coughlin 0rom: 6aura ;eters (6aura;`nvAar)org' *ent:
    ?ed 9!#!"# "":.4 <9 /o: 4Zach Coughlin4 (Iachcoughlin`hotmail)com' 7 never said that you
    could file items via e2mail)))Y
    /he "%!9!"# <$6; reads:
    (88I<(;IT O8 L(+-( PETE-S
    - 418-
    1
    2
    C+STO<I(N O8 -ECO-<S
    6<:+< ;(/(+*, under penaty of perEury, Aeing first duly sCorn, deposes and says as
    folloCs:
    /hat <ffiant is employed as a paralegal for the discipline department of the *tate Bar of
    Nevada and in such capacity is the custodian of records for the State *ar of Ne)ada=
    /hat on *eptemAer "", #%"#, at appro1imately 4:4. p)m), Zachary Coughlin called <ffiant to
    confirm that a hearing Cas still scheduled to ta5e place on *eptemAer #., #%"#) <ffiant e1plained
    that the hearing Could not ta5e place on *eptemAer #.th and that date had Aeen scheduled prior to
    the filing of a formal Complaint)
    9r) Coughlin reacted as if he had no "no!edge of a Compaint) <ffiant then
    e1plained that, in fact, a copy of the Complaint, sent via certified mail on <ugust #3,#%"#, from the
    +eno office of the *tate Bar, had Aeen returned and mar5ed DunclaimedD)
    <ffiant further e1plained that since service had not Aeen affected, a neC certified copy Could
    go out the ne1t day) <ffiant re3uested that Chen 9r) Coughlin received said copy, he should return
    the postcard attached to the mailing and his tCenty (#%' day period in Chich to ansCer the
    Complaint Could start running at that point)
    Co!e)er, in spea5ing to <ssistant Bar Counsel ;atric5 Ging, it Cas determined that personal
    service should Ae affected upon 9r) Coughlin) +eno Carson messenger service Cas engaged to
    attempt personal service despite 9r) Coughlin not providing the *tate Bar Cith a physical address)
    $n *eptemAer #., #%"#, 9r) Coughlin arrived at the +eno office of the *tate Bar allegedly
    e1pecting a hearing to ta5e place) <t that time, 9r) Coughlin Cas again told, Aoth Ay <ffiant and
    <ssistant Bar Counsel ;atric5 Ging, that no hearing Could Ae ta5ing place that day and that an
    ansCer to the *tate Bar4s Complaint had not Aeen received)
    <ffiant personally served 9r) Coughlin Cith a copy of the Complaint on his visit to the Bar
    office on *eptemAer #.th as Citnessed Ay ;aula CampAell, an employee of the *tate Bar) 9r)
    Coughlin insisted that the hearing Chich had Aeen previously scheduled for that day should Ae
    ta5ing place Aecause he needed to Ae removed from temporary suspension)
    9r) Coughlin has also Aeen instructed Ay <ssistant Bar Counsel ;atric5 Ging that he cannot
    file pleadings Cith the *tate Bar via e2mail, Chich he continues to attempt) /he 9otion to Dismiss,
    Chich 9r) Coughlin noC insists should Ae granted as it has gone unopposed Ay the *tate Bar, Cas
    never presented to <ffiant for filing Aut Cas rather emailed prior to <ffiant4s conversation Cith 9r)
    Coughlin on *eptemAer ""th Chen 9r) Coughlin under no uncertain terms told <ffiant that he had
    not yet received the Complaint)
    0:+/8(+ >$:+ <007<N/ *<>(/8 N$/)
    Dated this 9th day of $ctoAer, #%"#: 6aura ;eters, ;aralegal, $ffice of Bar
    CounselY (notariIed as Q*:B*C+7B(D <ND *?$+N /$ B(0$+( 9( /87* 9/8
    D<> $0 $C/$B(+, #%"#Y Ay Notary ;uAlic <ngeline <) +adley and affi1ed Cith
    her Notary *eal')
    7n consideration of the representations and indications made to Coughlin Ay NNDB
    Chairman *usich (especially his 7!#7!"# email to Coughlin and his assistant *herri 8ornsAey4s
    indications to Coughlin', <sst) Bar Counsel Ging, and Q*BN Cler5 of CourtY 6aura ;eters (a title
    that Aoth ;eters and Ging had referred to ;eters as Aeing AestoCed Cith on numerous occasions,
    including Ay ;eters during a 9!""!"# telephone conversation Cith Coughlin and Ay Ging on 9!#.!"#
    in person, upon Coughlin appearing at the *BN4s DouAle + $ffice on 9!#.!"# at 9 am for the hearing
    ;eters had confirmed in Criting to Coughlin and to Chich *usich4s 7!#7!"# email to Couglin
    indicated the *BN Cas in charge of scheduling)
    - 419-
    1
    2
    Ging curiously failed to offer into evidence that 3!"!"# letter Ay Ging to Coughlin (to Chich
    Cas attached, as indicated Ay a 3!"9!"# email to Coughlin from *BN Cler5 of Court 6aura ;eters,
    Chich Coughlin only found in his Eun5 email folder after Ging indicated during the 3!#!"#
    interaction Cith Coughlin at the *BN DouAle + $ffice Cas provided to Coughlin Ay email as
    Cell)))leading to an e1change AetCeen Ging and Coughlin Cherein Ging admitted that he did not
    email Coughlin a copy of the 3!"!"# mailing (despite his 3!"!"# letter indicating he Cas so
    copying Couglin on via email, Aut, strangely, not fa1', Aut, rather, Ging indicated he had 6aura
    ;eters email Couglin a copy of that mailing) During the 3!#!"# in person interaction Cith Ging
    Coughlin Cas surprised to hear that the *BN had sent Coughlin anything relating to any grievances
    other than the #!"4!"# mailing to Coughlin Ay Ging (Chich included Ging4s one page letter to
    Coughlin and 8ill4s five page "!"4!"# grievance against Coughlin', Chich Coughlin only recieved on
    3!"!"# due to no fault of Coughlin4s oCn, Aut rather, to malfeasance Ay Coughlin4s housemates, and
    perhaps, the :*;*, and or the :*;*4s response to the malfeasance of Coughlin4s housemates, as
    confirmed Ay the yelloC stic5ers affi1ed to envelopes mailed to Couglhin (such as those Ay the *BN
    on #!"4!"# and 3!"!"# and numerous mailings Ay the +9C to Couglhin AetCeen 0eAruary2<pril
    #%"#') Coughlin Cas further surprised to hear from Ging that the *BN had copied Couglhin on a
    3!"!"# mailing to Coughlin of an additional grievance by a Fudge Ay also sending it to Coughlin via
    email) Coughlin 3uerried Ging as to Chat email account such an email Could have emanated from)
    Ging, lac5ing an understanding that emails are sent from accounts rather than Qfrom the *tate Bar4s
    CeAsiteY, ultimately indicated to Coughlin that he delegated the copying to Couglin Ay email of the
    3!"!"# mailing to 6aura ;eters) 0rom that Coughlin deduced such an email Cas li5ely sent from
    ;eter4s email account, and, sure enough, in Coughlin4s Eun5 mail folder, chec5ed suAse3uent to the
    3!#!"# in person interaction Cith Ging, Cas a 3!"9!"# email to Coughlin containing a "7 page pdf
    (Ging4s one page 3!"!"# letter, 8olme4s tCo page 3!"4!"# letter, and 6) @ardner4s "4 page $</ of
    4!"3!%9')
    /hat 3!"!"# mailing to Coughlin Ay the *BN included a one page letter to Coughlin from
    Ging of 3!"!"#, to Chich Cas attached Budge Nash 8olmes 3!"4!"# tCo page grievance against
    Coughlin, and the 4!"3!%9 $rder <fter /rial Ay Budge 6inda @ardner from %""&) 7n that mailing,
    the Budge Nash 8olmes letter is stamped Ay the *BN as received on 3!"4!"#, and, curiously, the
    4!"3!%9 $rder <fter /rial Ay Budge 6) @ardner is stamped as received Ay the *BN on 3!".!"#, Cith
    the Q.Y in the Q".Y Aeing draCn in Ay hand)))Chich is even more curious given Ging4s repeated
    oAstructionist and evasive, even misleading, attempts to avoid admitting that Budge Nash 8olmes
    and the +9C included that 4!"3!%9 Budge 6) @ardner $rder <fter /rial in the materials suAmitted on
    3!"4!"# along Cith 8olmes4 3!"4!"# letter to the *BN')
    8olmes admitted to so including in the $</ in her 3!"4!"# suAmission to the *BN during the
    formal hearing on ""!"4!"#) $n the certified audio transcript of a 4!"%!"# trial date in the criminal
    trespass trial against Coughlin stemming from 8ill4s fraudulent ""!"3!"# criminal Complaint, 6)
    @ardner4s brother, Budge Nash 8olmes4 felloC +9C Budge, +9C <dministrative Budge ?illiam
    @ardner, admitted to having received that 4!"3!%9 $rder <fter /rial Ay his sister, from his sister, and
    then having passed that $rder <fter /rial received from his sister around to his felloC +9C Budges,
    though the timing of ?) @ardner4s receipt of the 4!"3!%9 $</ from his sister Cas something ?)
    @ardner offered particularly strange and evasive commentary to on that 4!"%!"# audio transcript, as
    Cas also the case Cith respect to the time of his passing on that 4!"3!%9 $</ to his felloC +9C
    Budges' at the ""!"4!"# hearing, unli5e his #!"4!"# letter to Coughlin (for Chich Ging failed to
    - 420-
    1
    2
    included the . page "!"4!"# Critten emailed grievance against Coughlin Ay 8ill, Cherein 8ill
    purports to Ae satisfying his and Qhis associates +;C &)3 dutyY in accusing Couglin of ghostCriting
    for Bohn @essin, Chom 8ill Cas still listed as <ttorney of +ecord for in at least one matter at the
    time, despite 8ill disparaging @essin and Aetraying attorney2client confidences, apparently, Cith
    respect to @essin, in his "!"4!"# grievance against Coughlin, more on that later')
    :SuAEect: +(: referral to Northern Nevada Disciplinary Board 0rom: /om
    *usich (tsusich`nvdetr)org' *ent: 0ri 7!#7!"# &:.& <9 /o: 4Zach Coughlin4
    (Iachcoughlin`hotmail)com' Cc: 4;atric5G`nvAar)org4 (;atric5G`nvAar)org'
    Dear 9) Coughlin: 7 am in receipt of your re3uest for a hearing Aefore the
    Northern Nevada Disciplinary Board) 7 have forCarded your re3uest to the
    Nevada *tate Bar4s Northern $ffice for processing) ;lease communicate
    directly Cith the *tate Bar concerning your case) /hey are the ones Cho Cill
    process your re3uest and set up any appropriate hearings) 7f you have 3uestions
    you can contact ;at Ging, the Northern Nevada Bar Counsel) *incerely, B)
    /homas *usich, (s3)Y
    <lso, consider:
    QZachCoughlin`hotmail)com
    0rom: ;atric5G`nvAar)org
    /o: Iachcoughlin`hotmail)com
    *uAEect: +(: does +ichard 8ill have standing to file a grievance
    Date: 0ri, #3 9ar #%"# "7:.7:# f%%%%
    Dear 9r) Coughlin,
    ;lease come to see me and 7 Cill shoC you the letter and documents from the
    Court)
    ;atric5 Ging
    0rom: Zach Coughlin Lmailto:Iachcoughlin`hotmail)comM
    *ent: 0riday, 9arch #3, #%"# "%:39 <9
    /o: ;atric5 Ging
    *uAEect: +(: does +ichard 8ill have standing to file a grievance
    9r) Ging,
    /his is the very first time you allege anyone other than 9r) Ging filed or
    alleged a grievance) ;lease provide any documentation or proof related
    to these apparent communications from Eudges that you are only noC
    Aringing up) *incerely, Zach Coughlin, (s3), PO *OK B4173, -ENO,
    N;, ?174B, tel: 77. 33& &""&, fa1: 949 7 74%#=
    ZachCoughlin`hotmail)com Nevada Bar No: 9473
    0rom: ;atric5G`nvAar)org
    /o: Iachcoughlin`hotmail)com
    *uAEect: +(: does +ichard 8ill have standing to file a grievance
    - 421-
    1
    2
    Date: 0ri, #3 9ar #%"# "7:"&:34 f%%%%
    Dear 9r) Coughlin,
    7 have repeatedly e1pressed my interest in having a
    meeting Cith you to discuss the grievances against you) >ou
    claim to Ae too Ausy to meet Cith me, yet you have time to Crite
    lengthy e2mails and apparently to do legal research)
    >ou as5ed if 9r) 8ill has standing to file a grievance
    against you) Not only does he have standing to file a grievance, as
    a laCyer in Nevada he may have an ethical oAligation to report to
    the *tate Bar) <s 7 have e1plained to you, the grievances against
    you came not only from 9r) 8ill Aut also from Budges from
    different Courts) /hese grievances, and the evidence attached
    Cith them, rather clearly puts into 3uestion your competence to
    practice laC) <s 7 have e1plained to you, 7 Cill ma5e the evidence
    and e1hiAits availaAle to you Chen you come to inspect them at
    my office) 7 Cill not send you reports or document, especially
    since you claim your mail is Aeing compromised)
    <s for the grievances you have made, nothing that you have suAmitted appears to shoC an
    ethical violation that could Ae proved Ay clear and convincing evidence, Chich is the standard of
    proof re3uired in disciplinary matters) <s such, at this time Ce have not opened any files Aased on
    the information you have suAmitted) *incerely, ;atric5 GingY
    Budge 0lanagan only entered !#.!"# $rder against coughlin as a litigant not as an attorney
    he did not specifically adopt nrs 7)%&. argument set forth) ;osition that :lloa did not steal rent,
    Aut rather she made a deal Cith 9erliss upon his Aringing it up, hoCever, 9erliss, 8ill, and Ba5er
    persisted in pursuing the rent portions to Chich a deal had Aeen made AetCeen 9erliss and :lloa
    that aAsolved Coughlin of any Eoint liaAility for Chat, AetCeen Coughlin and :lloa, Cas alCays
    :lloa4s contriAution toCards the rent)
    ""!&!"# *C+ "%.(#'(c' consolation at #ates 43E13 contains a :*;* /rac5 N Confirm that proves
    Ging 5neC his certified mailing to Coughlin of his 3!"4!"# 6etter (attached as (1hiAit U at the formal
    hearing, though missing the tCo items attached to it (Nash letter letter to *BN of 3!"in 6aura ;eters
    3!"9!"# email to Coughlin, Chich resided in Coughlin4s Eun5 folder unAe5noCnst to him until it Cas
    later discovered there:
    Q*uAEect: +(: pending final disposition of disciplinary proceedings))))language *C+ """(7'
    versus *C+ """(&' and the Bune 7th, #%"# $rder of the N-) *) Ct)
    0rom: 6aura ;eters (6aura;`nvAar)org'
    *ent: ?ed "%!"%!"# :%" ;9
    /o: Zach Coughlin (Iachcoughlin`hotmail)com'
    ;lease don4t put Cords in my mouth, Zach) >ou are the one that indicated that you had not
    received the Complaint Chen Ce tal5ed on the phone) @hy, then, !oud I fie in a Motion to
    <ismissF 7 am responsiAle for my oCn actions)
    2 6aura (a5a Cler5 ;eters'
    - 422-
    1
    2
    22222
    0rom: Zach Coughlin LIachcoughlin`hotmail)comM *ent: ?ednesday, $ctoAer "%,
    #%"# "":." <9
    /o: tsusich`nvdetr)org= 6aura ;eters= David Clar5= ;atric5 Ging=
    nvsccler5`nvcourts)nv)gov
    *uAEect: 0?: pending final disposition of disciplinary proceedings))))language *C+
    """(7' versus *C+ """(&' and the Bune 7th, #%"# $rder of the N-) *) Ct)
    Dear Chairman *usich and Cler5 ;eters, Bar Counsel Ging sees himself as a the Director of this
    movie, placing you tCo in the scenes Chere he sees fit) Chairman *usich, it is your responsiAility to
    comply Cith the Court4s $rder and the *upreme Court +ules, and at this point, you need to send a
    clear message to Bar Counsel that Dthe 5id stays in the pictureD, and inform 9r) Ging that he is not
    to attempt to ta5e your EoA or duties from you) *ame goes for Cler5 ;eters, especially vis a vis her
    admission that Ging told her not to file Coughlin4s 9otion to Dismiss in *BN v Coughlin on
    *eptemAer "7th, #%"#, Chich has noC gone unopposed, and therefore, shall Ae granted) *incerely,
    Zach Coughlin ;$ B$U 39")))Y
    *y su#)erting this Court's B2E2// Order and the e'press dictates in SC- ///$?& and SC-
    /43$5&$a& #y effecti)ey e'tending the temporary suspension in B4?0? $"iing Coughin's a!
    practice for the time #eing and ma"ing it o)ery difficut for Coughin to earn a i)ing !hie
    aso defending against an inordinatey o)er#road SC- /47 Compaint and impresi)e, if not
    rather >uestiona#e dispays of teamwork #et!een the S*N, -9C, @C<(, -P<, @CSO, -MC,
    and -eno City (ttorney's Office,,,$incuding t!o more recent arrests of Coughin, #ringing the
    tota since ?2342// to /0, !ith an arrest on 32/2/0 for an aeged )ioation of his <ept, of
    (ternati)e Sentencing pro#ation re>uirement to chec" in #y 0 pm on @ednesdays, !here
    Coughin presented at 3D75pm #ut !as detained #y security $pursuant to an -9C
    (dministrati)e Order /3%4/& sufficienty ong enough to resut in the <(S office cosing prior to
    Coughin #eing permitted to access it for a chec" in $aso, <(S Officer *ro!n, in an emai the
    ne't day, e'cused such circumstances, and it !as not unti a 32/2/0 emai to @C<( (<( CeRer
    seemed to !ran"e, that, suddeny, <(S arrested Coughin has his residence after E pm, in
    )ioation of N-S /E/,/0B, ( !ee" ater, on 32?2/3, Coughin !as treated to ha)e a gun pointed
    at his head #y the -P< upon Offficer @adde departing from procedure and entering the #ac"
    yard of Coughin's residence, faiing to announce themse)es as a! enforcement $a )oice caed
    to Coughin !hie he !as !a"ing in his #ac" yard, saying ony :Mach CoughinG= to !hich
    Coughin did not turn around or respond #ut rather !a"ed to the corner of the #ac" yard and
    stood #ehind a shed,,,ony to ha)e Officer @adde 6ump out moments ater from #ehind the
    shed's !a pointing a 57 a Coughin's head, his partner, Officer @ison as"ing, :are you Mach
    Coughin= to !hich Coughin said something, and @adde, !ho had caed out to the #ac" of
    Coughin's head moments #efore, !as ony then a#e to announce :that's him= upon hearing
    Coughin's )oice and recogniRing it from a pre)ious con)ersation !ith Coughin on the
    teephone, there#y indicating the -P< ac"ed pro#a#e cause to pu their guns and inch around
    #ac" yard sheds !ithout so much as announcing the presence of a! enforcement and or issuing
    a singe a!fu order,
    No!, the -MC has pic"ed up the EPO2TPO S*N )ioation prosecution !here the
    @C<('s Office chose not to,,,,Coughin !as charged !ith )ioating a TPO granted to,
    - 423-
    1
    2
    apparenty, and entire County, @ashoe County for his emai to his <(S Officer e'paining the
    detention #y security on /2302/0 in a /2352/0 emai to his <(S pro#ation officer $and,
    apparenty, the :institutiona TPO= appication and su#se>uent TPO are #eing read #y the
    -P< to appy to any empoye off @ashoe County, not 6ust those in the @C Pu#ic <efenders
    Office, much ess 6ust to 9im Lesie, Es>,, !hom did not seem a that fearfu of Coughin on the
    numerous occasions !hen he smugy, and purposefuy, an cao! caous manner sought to
    depri)e Coughin of each and e)ery in)ioa#e right of a crimina defendant, and aso refused to
    pro)idee 1// audio cd disco)ery discs,,,(so, Coughin mo)ed for a TPO against Lesie on
    1272/3, !e #efore the appication on Lesie's #ehaf #y @C<( <<( @atts%;ia $!hose //2/02/3
    5D5/ pm ast minute fa' to Coughin represented an apparent attempt to O#6ect to the SC- //4
    su#poenas Coughin had ser)ed #y an appropriate non%party on /42042/3 upon 39<C 9udges,
    (dministrators, and the Custodian of -ecords, none of !hich appeared or propounded for the
    //2/52/3 forma hearing, to !hich Pane Chair Eche)erria faied to hod them in contempt or
    grant a continuance despite Coughin's e'press re>uest that he do so, and despite the fact that it
    is the *oard Chair, Susich, not the Pane Chair, Eche)erria, !hom has 6urisdiction to rue on
    Motions to Huash Su#poenas $e)en, one !oud thin", the impermissi#e sua sponte one's that
    Pane Chair Eche)erria made on //2/52/3, in yet another in a e'ceedingy ong ine of e'ampes
    of Eche)erria dispaying e)ident and mar"ed impartiaity against Coughin, and particuary,
    in fa)or of @LS's Ecano and oca a! enforcement entitites&, resuting from a petty theft
    con)iction of O/5,44 !orth of :a candy #ar and some cough drops= into !hat has no! #ecome
    and ? month suspension $particuary curious gi)en the ac" of e)en a temporary suspension in
    In -e Stephen -, Carris, Es>, 7E74E, and the e)entua three month suspension Ordered
    therein, !here Carris !as actuay suspending from ate 8e#ruary 34/3 to No)em#er ?
    th
    , 34/3,
    around 1 months, Coughin's temporary suspension for 4,44444/?750^ the amount of money
    Carris admitted to misappropriating from a client )ersus !here Coughin disputes the
    egitimacy of his con)iction of a de minimis amoutn of food from 4alM-art( To punish Coughin
    for defending himsef or faiing to pro)ide a fase coerced confession 6ust seems !rong,
    SC- /43$5& /emporary suspension Ay the supreme court: (a'ZOn the petition
    of a discipinary #oard, signed #y its chair or )ice chair, supported Ay an
    affida)it alleging facts personay "no!n to the affiant, Chich shoCs that an
    attorney appears to Ae posing a su#stantia threat of serious harm to the
    pu#ic, the supreme court may order, Cith notice as the court may prescriAe,
    the attorneyRs immediate temporary suspension or may impose other conditions
    upon the attorneyRs practice) 7f a petition is filed under suAsection 3 of this rule,
    a separate petition under this suAsection must Ae filed Cith the supreme court as
    soon thereafter as possiAle)))
    (d'Z/he attorney may re>uest dissoution or amendment of the
    temporary order of suspension #y petition filed Cith the supreme court, a
    copy of Chich shall Ae served on Aar counsel) /he petition may #e set for
    immediate hearing #efore a hearing pane, to hear the petition and suAmit its
    report and recommendation to the court !ithin E days of the concusion of the
    hearing) :pon receipt of the report and recommendation, the court may modify
    its order, if appropriate, and continue such provisions of it as may Ae
    appropriate until the final disposition of all pending disciplinary charges against
    the attorney)Y
    - 424-
    1
    2
    Basically, Coughlin Cas preEudiced Ay Bar Counsel4s end run around the re3uirements in *C+
    "%#(4'(a', Chere the &!#3!"# *C+ "%. Complaint avoided the re3uirements of *C+ "%#(4'(a' in that
    it Cas not on a petition of the disciplinary Aoard and signed Ay its chair, Aut rather Cas upon a
    Complaint Ay Bar Counsel, and it Cas not Qsupported Ay an affida)it alleging facts personay
    "no!n to the affiant, Chich shoCs that an attorney appears to Ae posing a su#stantia threat of
    serious harm to the pu#ic,,,= That is important, -ather, Iing's ?2302/3 Compaint contains a
    mutitude of uns!orn, often unattri#uted hearsay ac"ing in foundation,
    (K& The record esta#ishes that in the Meriss e)iction action, Coughin's conduct !as so
    )e'atious and fri)oous as to resut in su#stantia sanction of attorney's fees, Supra _ 3/ See
    Cearing E'hi#it 3, P 3, L ? %/0L P0, L 5 %//, )ctually, that is completely untrue) Beyond the
    fact that Budge 0lanagan4s !#.!"# $rder aCarding the attorney4s fees sought Ay 8ill and Ba5er in
    their ;ost2Eudgment attorney fee motion of 4!"9!%9 specifically noted that Coughlin failed to file an
    opposition (to Chich Coughlin has shoC good cause e1plaining, and Chere Coughlin filed a
    preemptive opposition on "!"9!"# in %3#&', and therefore, under DC+ "3(3', Budge 0lanagan Cas
    forced to ta5e such a lac5 of an opposition Aeing filed as a Aasis for granting the attorney fee motion,
    particularly in light of past ruling Ay Budge 0lanagan in other matters Cherein, despite the
    discretionary language (QmayY' in DC+ "3(3', such a practice has Aecome Budge 0lanagan4s
    estaAlished custom) /hat !#.!"# $rder, further, did not contain any specific finding that &oughlin
    had asserted non2meritorious claims, defenses, or contentions, Budge 0lanagan did not feel compelled
    to report Coughlin to the *BN, despite the improt of NCBC Canon #)".4s dicate, and a suAs3uent
    $rder Ay Budge 0lanagan on &!#&!"# in %3#& ma5es e1plicilty clear that Budge 0lanagan did not
    aCard the attorney4s fees in his !#.!"# $rder upon any alleged finding of frivolity or other
    santionaAle conduct Ay Coughlin) 0urther, the 3!3%!"# $rder Denying Coughlin4s appeal is
    noticeaAly aAsent of any sort of remonstrative tone or language Cith respect to Coughlin4s case, Aut
    actually seems to suggest that, had Coughlin had the Aenefit of a certified transcript and Aeen aAle to
    put forCard citation to specific instances of testimony supporting the arguments set out in his <ppeal
    Brief, Coughlin4s oCn contentions may Cell have Aeen meritorious)
    <t page # of a &!#&!"# $rder in %3#&, Budge 0lanagan himself attempts to QrelitigateY or redo
    (outside the "% days under N+C; .9(a' Cherein such a sua sponte alteration of one4s ruling may Ae
    permissiAle' his previous $rders (including the $rder of 3!3%!"#, Chich he characteriIes as a Qfinal
    EudgmentY)))Chich Arings up the proAlematic aspect of the voidness of any sanctions Aased attorney
    fee aCard Aased upon a Ba5er and 8ill4s post2Eudgment motion for attorney fees sanctions of
    4!"9!%9', Chere that $rder reads:
    Q<gain, as Cas the case in Coughlin4s attempt to set aside 9erliss4s aCard of
    costs Coughlin4s 9otions here attempts to re%itigate su#stanti)e issues this
    Court has aready decided, or fri)oous caims this Court has pre)iousy
    ignored) /his Court has entered final Eudgment on the merits of Coughlin4s
    underlying claim and aCarded attorney4s fees and costs to 9erliss) /hi Court
    Cill not revisit those decisions here, particularly Chen Coughlin alleges nothing
    that Could satisfy the re3uirements of N+C; .9 or N+C; %)Y
    7t is not at all clear hoC Coughlin could Ae said to Ae attempting Qto re2litigate suAstantive
    issuesY Chen the !#.!"# $rder itself notes that Coughlin did not file an $pposition to 8ill4s 4!"9!"#
    - 425-
    1
    2
    9otion for <ttorney 0ees) ;articularly Chere QsuAstantive issuesY Could, necessarily Ae intimately
    intertCined Cith any attempt to have any the legitimacy of such an outrageous H4#,%.% attorney fee
    aCard for Eust the appeal Die, not tedious trial court fact finding sorts of attorney Cor5 involved, Aut
    the mere filing of a legal Arief spea5ing to rather dry legal issues only)))so, Eust Cho is Qattempting to
    re2ligitateY(or re2adEudicate, rather' things hereF
    ?ould that not Ae 8ill and Ba5er see5ing to relitigate their humiliating defeat in the QtrialY
    court in "7%& Chere, at first, Ba5er sought a ridiculous H"&,%% in attorney fees for representing the
    landlord in a No &ause Summary eviction "roceeding (a whoopsie posture, Casey D) Ba5er, (s3),
    sheepishly had to adopt upon Aeing forced to admit that there e1ists no Aasis for aCarding attorney4s
    fees (certainly not the statute Ba5er cited to alloC such fees Chere no such Qmanufacture of
    controlled suAstancesY e1ception had Aeen alleged or Aroached in any Cay Chatsoever Ay the
    landlord at any point in this matter, though 8ill did manage to coo5 up an particularly suspect
    allegation of having found a Qcrac5 pipe and Aag of CeedY)))Ylarge 3uantity of pillsY and a Qvial of
    somethingY shortly after Coughlin merely restated, verAatim, Chat +;D $fficer Carter had said to
    Coughlin shortly after arresting him in response to Coughlin as5ing him if he QCas on +ichard @)
    8ill4s payrollY' under Nevada laC incident to a summary e)iction proceeding (N+* 9)%3%, in light
    of BC+C; # (Chich characteriIes Qlandlord tenant mattersY as outside the purvieC of those Qcivil
    actionsY to Chich such fee aCards may issued')
    *o, to recap, Ba5er moved for H"&,%.% in attorney4s fees for the summary e)iction)))Chich
    Budge *ferraIIa doCnsiIed to a mere H",.%%, until, ultimately, Ba5er and 8ill Cere forced to admit
    that Coughlin Cas aAsolutely correct in asserting that there moving for any attorney4s fees at all Cas,
    itself, a fine e1ample of a violation of +;C 3)"4s 9eritorious Claims re3uirement)))and that fee aCard
    Cas set aside (though, of course, Coughlin, as a practical matter, Cas treated to Aeing ordered, Ay
    Budge 0lanagan, to pay a fee aCard, a relevant portion of Chich Cas Cell in e1cess of that amount in
    consideration of the fees 8ill and Ba5er rac5ed up in defending against Coughlin pointing out the
    +;C 3)" violation they themselves ultimately Cere forced to admit in Foining Coughlin in see5ing to
    have that H",.%% attorney fee aCard set aside (hoC fees related to such matters could reasonaAly Ae
    said to relate to the appeal in %3#&, is not clear, nor is hoC such does not present yet another +;C
    3)" violation Ay these tCo QlycansY (ie, not QlichensY as Chair (cheverria incorrectly noted, a
    distinction Chich Could have Aeen clear to him had he Aothered to read any of the materials Coughlin
    provided in his filings and (1hiAits attached thereto Aefore plunging headlong into a particularly
    odious attempt to ta5e aCay one4s laC license under the most illegitimate of circumstances)'
    7ts really not at all clear Eust hoC Budge 0lanagn could find an assertion that H4#,%.% in
    attorney4s fees Cere reasonaAly incurred in relation to the appeal of this summary e)iction)
    +egardless, Nevada laC does not seem to hold that BC+C; 73(A' is applicaAle to an appeal of such an
    QinformalY summary proceeding, Aut rather, is only applicaAle to a QformalY e)iction (ie, a plenary
    unlaCful detainer Qcivil actionY, particularly given the e1plicit language of BC+C; +ule #')
    QQNevada BC+C; +:6( #: Q/8+(( 0$+9* $0 <C/7$N* /here shall Ae
    three forms of action in Eustice courts to Ae 5noCn as Qci)i actions,Y Qsmall
    claims actionsY and Qsummary e)iction actions)Y +ules 3 through &7 govern
    civil actions) +ules governing small claims actions Aegin Cith +ule && and end
    Cith +ule "%%) +ules governing summary e)ict ions commence Cith +ule "%")
    II, COMMENCEMENT O8 (CTIONL SE-;ICE O8 P-OCESS,
    PLE(<IN.S, MOTIONS (N< O-<E-S
    - 426-
    1
    2
    +:6( 3) C$99(NC(9(N/ $0 <C/7$N < ci)i action is commenced Ay
    fiing a compaint Cith the court)YY
    7t Cas 8ill4s associate Ba5er, Chom 8ill alternately alleges to have spent an inordinate
    amount of time revieCing, only to then see5 to allege that he QCasn4t thereY for the trial court
    proceedings, so he can4t Ae held accountaAle for his repeated Aaseless, sCorn assertions that Coughlin
    Qfailed to raiseY the matter of his Aeing a commercial tenancy (home laC office, and or mattress
    Ausiness' impermissiAly suAEect to a No Cause *ummary e)ict ion Chere the non2payment of rent Cas
    neither pled nor alleged, in violation of the e1plicit prohiAition against the utliIation of such a No
    Cause summary proceeding against a commercial tenant under N+* 4%)#.3) 0urther, BC+C; 73 has
    no application to the appeal of a summary e)iction) +ather, as the /Co +oads v) -enetian case and
    trial court transcript therein ma5es clear (or at least ma5es ridiculous any claim that the position
    Coughlin too5 at various points, including on "#!##!"#, as 8ill, asserted, in his testimony Cas
    somehoC, demonstrative of violations of various +;C4s or indicative of a lac5 of candor or fairness to
    opposing counsel Ay Coughlin', the supersedeas Aond
    ii
    , particularly Chere the rent is under H",%%%, is
    statutorily set at H#.%, and the +BC4s Qthrees times the rentY approach is not permissiAle) Nor is
    characteriIing the "%!#.!"" court date as a /rial, only to assert that BC+C; "9 (re3uiring #% days to
    respond to a Complaint for :nlaCful Detainer in such a plenary matter' is inapplicaAle to a summary
    eviction)-
    0urther, it is not at all clear Chy Coughlin should pic5 up the taA for the confusion and fallout
    inevitaAle given the then state of the laC in Nevada and the conse3uences of Budge *ferraIIa4s
    "%!"3!"" $rder re3uiring the Qrent escroCY deposit and Budge Clifton4s response to Coughlin4s
    "%!"7!"" filing see5ing a stay, continuance, and or relief therefrom:
    +BC Budge Clifton4s "%!"7!"" $rder in "7%& reads:
    Q$+D(+ /his matter has come Aefore the Court upon
    Defendant4s (mergency 9otion to *tay, *et <side, -acate
    e)iction 8earing $rder filed on today4s date) <n $pposition Ay
    ;laintiff Cas also filed today) /hese pleadings folloC a
    *ummary e)iction hearing held $ctoAer "3, #%"", Aefore Budge
    *ferraIIa) /he court4s minutes indicate that Defendant4s e)iction
    from the premises Could only occur on today4s date if he failed
    to post the rental amount of H#,#7.)%% Ay $ctoAer "7, #%"" Cith
    the court) < trial date Cas then set for $ctoAer #., #%"")
    Defendant has tendered H#,#7.)%% to the court on loday4s date)
    /herefore, the instant motion is noC moot and the trial date of
    $ctoAer #.,#%"" stands) 7s it therefore 8(+(B> $+D(+(D
    that Defendant4s (mergency 9otion, *tay, *et <side, -acate
    e)iction 8earing $rder is D(N7(D) D</(D this "7
    th
    day of
    $ctoAer, #%"")Y
    <longside the numerous procedura )ioations Coughlin has committed in fiing his
    papers (ignoring page imits, missing deadines, etc,', 9erliss contends Coughlin4s litigation
    tactics2incuding Coughin's instant attempt to set aside the attorney's fees a!ard2have Aeen
    employed not to pursue arguments in good faith Aut to delay and harass him) 9erliss contends
    - 427-
    1
    2
    Coughlin4s Aehavior has Aeen not only aAusive Aut costly, re>uiring Meriss to contest each an
    e)ery aegation Coughin ma"es no matter ho! meritess)Y page # of &!#&!"# $rder in %3#&)
    *pea5ing of folloCing rules, hoC aAout the #" day safe harAor in N+C; ""F 8ill never did
    serve Coughlin a Qfiling ready sanction motionY) Coughlin, hoCever, did serve 8ill at least one such
    #" day safe harAor motion) 8ill and 0lanagan seem to run the ol4 frivolous fee sanction pic5 and roll
    Cith at least an e3ual elan as that demonstrated Ay Budge 6) @ardner and opposing counsel *pringgate
    (also, not a fan of #" day safe harAor Qfiling readyY sanction 9otions, even Chere invo5ing N+*
    7)%&., Chich itself invo5es N+C; "", Chich so re3uires service of Eust such a #" day safe harAor
    motion)))' in the Boshi Divorce /rial in %""&)
    0urther, neither Budge 0lanagan, his then laC cler5 Zelalem Bogale, (s3), 8ill, nor Ba5er
    managed to ever cite to any authority supporting the apparent sua sponte (contrary to the 4!"9!"#
    $rder in Carpentier Ay 0lanagan spea5ing to the adEudicatory Aoundaries limitations placed upon
    courts respecting the arguments put forCard and citations in support thereto Ay the parties' contention
    that Coughlins4 alleged failure to file a timely $pposition to Ba5er4s 4!"9!"# 9otion for <ttorney4s
    0ees is a procedural violationY) 0urther, there is not Qprocedural ruleY setting page limits in the
    #BDC) *ure, there Cas an $rder setting a page limit of . pages (Chich Ba5er himself e1ceeded', Aut
    Couglhin did not QignoreY such $rder) +ather, Coughlin addressed the fact that his Brief Cas in
    e1cess of said page limitation ordered, and argued a Aasis shoCing good cause for Chy is ought Ae
    permissiAle to e1ceed it) Certainly, no citation has ever Aeen provided Ay Ba5er, 8ill, or Budge
    0lanagan to support a finding that Coughlin somehoC Cas aAle to manufacture a set of circumstances
    Q re>uiring Meriss to contest each an e)ery aegation Coughin ma"es no matter ho!
    meritess=, Certainy, a more conser)ati)e approach coud ha)e #een ta"en #y Ci or *a"er,
    such as fiing a 7 page (ns!ering *rief addressing the main points at issue, !ith a re>uest for
    ea)e to ater e'ceed any such page imitation, !hich is essentiay !hat they did any!ays,,,so
    !here is a this O53,474 in attorney's fees #eing rung up, if not in impermissi#e areas no the
    appropriate su#6ect matter of such an attorney fee a!ard motion,,,ie, fiings reated to the
    supersedeas #ond2stay on appea issue argua#y do not come !ithin the pur)ie! of N-S B1,474,
    nor do those $and the associated court time and preparation& reated to the //2E2// hearing on
    Cougin's Motion to Set (side, etc,, in /E4?, or the /32342// Cearing on Coughin's //2/B2/3
    Motion to Contest Persona Property Lien,
    Certainy, *a"er and Ci ne)er presented any citation to support a contention that such
    matters fa !ithin the anguage of N-S B1,474, 8urther, !ith respect to a fees incurred in
    reation to the persona property ien issue, 9udge 8anagan's Order denying Coughin's appea
    of 02042/3 ma"es cear that such matters $incuding the Order Resolving <efendant's Motion to
    Contest Persona Property Lien #y 9udge SferraRRa of /323/2//,,,!hich !as definitey not a
    'consent Order' and !hich the transcript and record ma"e cear Coughin in no !ay
    :consented= to& !ere not incuded in the appea in 40B3?, (s such, the )ouminous attorney fee
    #iing entries reated thereto $impermissi#y o#scured some!hat #y the e'cessi)e redacting of
    entries in the aegedey :detaied= #is, !here no egitimate pri)iege !as e)er asserted or
    pro)ed to 6ustify such o#structionist tactics,,,!hich no! #ecome of materia ree)ance to the
    e'tent that *a"er, in his s!orn testimony on B2/?2/3 admitted to interactions !ith the @CSO
    Ci)i <i)ision on /423?2//, and that Ci's a! office definitey relied upon the -eno 9ustice
    Court to transmit the )arious e)iction Orders to the Sheriff's Office for processing, The specter
    of #oth the /42372// and /423E2// e)iction Orders here #eing )oid or stae !here )ioati)e of the
    statutory dictate that such an Order incuded anguage $and neither Order herein did& ordering
    the Sheriff to :remo)e from the premises= :!ithin 35 hours or receipt= $apparenty the
    - 428-
    1
    2
    #heriff5s receipt of such $rder)))though several counties in Nevada apparently vieC the relevant
    language in N+* 4%)#.3 as applying to the tenant0s receipt, and, accordingly, have policies Chich
    re3uire the *heriff or constaAle to post to a tenant4s door such an $rder, then alloC Qat least #4 hoursY
    to pass Aefore conducting any such loc5out)
    One thing that certainy is interesting is that the e)iction Order the @CSO posted to the
    door of Coughin's former home a! office on //2/2// ac"ed any fa' header $in contrast to a
    other such e)iction orders Coughin had seen posted and *a"er's testimony on B2/?2/3 that the
    -9C !as responsi#e for transmitting such an e)iction Order, though its not cear that *a"er
    did not first fa' the /423E2// 8O8COLOSE that the -9C fa'ed to him $as sho!n in the
    attachments to Ci's TPO appication of /2/32/3 against Coughin& at 5D5/pm to the @CSO
    aong !ith the Order of /423E2// granting *a"er's unnoticed Emergency Motion to Inspect
    Coughin's former home a! office during the !ee"end during !hich, apparenty, Coughin
    !as e'pected to reco)er for a grueing si' !ee"s of itigating, and hire mo)ers and rent truc"s
    to mo)e #oth a home and a a! office, e)en !here the -9C !as sti retaining the O3,3E7 in
    :rent escro!= that it demanded from Coughin in the /42/02// Order in )ioation of Ne)ada
    a!G Posted !ith the /423E2// 8O8COLOSE on //2/2// #y @CSO <eputy Machen !as 6ust
    that /423E2// Order ao!ing such an inspection, though that Order, curiousy, did ha)e t!o fa'
    headers atop it $one indicating the -9C fa'ed Ci's a! office that :inspection Order= at 5D01
    pm on /423E2//&, and a second header indicating the @CSO Ci)i <i)ision recei)ed a fa' neary
    immediatey thereafter from Ci's office that transmitted the inspection Order $!ith -9C fa'
    header freshy printed thereon& to the @CSO Ci)i <i)ision,,,,@hat it not cear is !hy the -9C,
    @C<(, @CSO Ci)i <i)ision, Ci, and *a"er are so reticient, and, some might say
    obstructionist aAout responding to Coughlin4s various re3uests (including N+* #39 $pen +ecords
    +e3uests' see5ing documentation related to and copies of the fa1 logs of the +BC for the relevant
    time period involved here, especially considering Ba5er4s sCorn testimony at the criminal trespass
    trial of Coughlin on !"&!"# relative to Eust hoC such e)iction $rders Cere QreceivedY Ay the ?C*$
    Civil Division, and Eust Chat means of transmitting those $rders Cas utiliIed)
    /he laC is unclear in Nevada and this is a matter of legitimate puAlic concern involving Aoth
    the safety of laC enforcement and tenants, Aut also the enormous social costs of ill advisedly carried
    out summary e)iction loc5outs that are Aound to resultin conse3uential damages far e1ceeded the
    relatively small sum of money landlord4s Could save Ay having such loc5outs done even one day
    earlier than current Qusual custom and practicesY (to 3uote 8ill4s statement of the state of the laC
    therein' of the Q?ashoe County *heriff4s $fficeY) /he Eudiciary has an oAligation here as Cell as
    nearly all Eudicial campaigns in ?ashoe County (particulary those at the Bustice Court level' openly
    tout the endorsement of a myriad of local laC enforcement organiIations (though, never, any that
    espouse tenants rights or civil rights in general') 7s there a Q6aCyer4s ;rotection <ssociationY to
    mirror the Q;olice ;rotective <ssociationY that nearly all successful Eudicial candidates in ?ashoe
    County so openly flaunt having the endorsement ofF Does that encourage the rampant *oldal v) Coo5
    Co), style deprivation of 4# :*C *ec) "9&3 rights that is evinced in the ". or so Crongful summary
    e)iction Coughlin has Aeen suAEected to since the initial Crongful &!#%!"" arrest and seven day
    incarceration occurring Chile an e)iction notice Cas placed on his former home laC office4s door Eust
    tCo months after his domestic partner of four years aAsconded Cith tCo months of his rental
    contriAutions, secretely, failed to pay one month of her oCn (though she did oAtain, arguaAly, assent
    from the landlord to an QarrangementY ChereAy any Eoint oAligation thereto of Coughlin4s Cas
    aAsolved Cith respect to one to tCo months :lloa4s rental shares)))', Chere Coughlin then could not
    afford his anti2depressants or <D8D medications starting on or aAout <ugust #nd, #%"" (an also
    - 429-
    1
    2
    Chere an appointment Cith his pyschiatrist, Dr) >asar, had to Ae cancelled due to his not Aeing aAle to
    afford the office visit, and Chere NN<89* indicated it Could never cover <D8D medications, and
    that Coughlin Could not Ae permitted to have 9DD medications covered Chere ta5ing such <D8D
    medications, upon Coughlin confidentially in3uiring as to such matters Cith NN<89*')
    7n contrast to allegedly Ailling up H4#,%.% in QaddressingY Coughlin4s QallegationsY (its not
    clear that the misconduct of 8ill and *a"er and their damage sef interested damage contro
    instincts are an appropriate #asis for rac"ing of #ia#e hours to charge Meriss or to ater see"
    $in a :procedura )ioation= of their o!n, gi)en the dictates against see"ing post%6udgment
    attorney fee sanctions, particuary !here no attempt to compy !ith the 3/ day safe har#or
    re>uirements in N-CP // !here e)er made #y Ci or *a"er& an a!ard of such attorney's fees
    @hat is most stri"ing is the utter ac" of specifics from either *a"er, Ci, or 9udge
    8anagan as to 6ust !hich positions ta"en or arguments made #y Coughin e)ince any sort of
    fri)oity or !hy,,,8urther, Ci and *a"er themse)es ceary conducted no no)e ega research
    in this matter, aside from citing to (n)ui and the then recent C. @aace case, and they
    demonstrate any utter paucity of insight into andord tenant a! and summary e)ictions in
    particuar, !hich are, as the C. @aace case points out, truy rare species in the a!, ha)ing
    unto themse)es and entirey uni>ue set of considerations and procedures,
    DD' +;C 3)4(c' states D< laCyer shall not: $"&no!ingy disoAey an oAligation under the
    rules of a triAunal e'cept for an open refusa #ased on an assertion that no )aid o#igation
    e'ists)D
    /he certified audio transcript Coughlin purchased from the +9C of the /rial reveals Coughlin
    openly declaring to Budge 8oCard, folloCing the Court issuing Coughlin a contempt Carning a scant
    five minutes into the trial, Eust such an Qopen refusalY Chere Coughlin is heard addressing the Court
    as folloCs: Q7 am not going to Ae Aullied out of my rights)Y 7:#4 mar5)
    iii
    Q(((' /he record ceary and con)incingy esta#ishes that Coughin has a cear and
    continuing pattern of "no!ingy ignoring and diso#eying instructions from the Court )Y
    7nstructions or QsuggestionsY li5e those made on 3!"#!%9 Ay Budge 6) @ardner are different than
    obligations) 0urther, Coughlin4s former supervisor at ?6*, (lcano, admitted to having instilled
    Coughlin Cith the teaching that QChen you Cal5 into that courtroom, its not the Eudges courtroom, its
    not opposing counsel4s courtroom, its >$:+ courtroom)Y
    iv
    /"".:##
    Q(00' 7n his $rder of Contempt, Budge 8oCard found that Coughlin refused to oAey directives
    of the Budge and continued lines of 3uestioning after Aeing instructed to refrain from doing so) *upra
    4Y /here is a material misstatement of 8oCard4s $rder in the 0$0C$6 Chere it reads: Q/he Eudge
    found Coughlin4s conduct to Ae disordery and !as either contemptuous or #eha)ior insoent
    to!ard the 6udge in that Coughlin refused:
    D))) to oAey directives of the Budge, continuing lines of in3uiry after Aeing
    advised Ay the Court to refrain from doing so= demeaning the Court Cith
    statements such as D?$?D in response to court rulings= laughing during
    testimony and further 3uestioning the court and its authority)D
    8oCard4s $rder actuay reads Q?8(+(<* such individual committed the folloCing act(s'
    in the immediate vieC and presence of the Court: (Alan5 Cith chec" mar"' Disorderly,
    contemptuous or insolent Aehavior toCard the Eudge Chile he is holding court, or engaged in his
    Eudicial duties at chamAers,
    <lso, the +$< in the appeal of ##"7 demonstrates no legally sufficient service of the
    ""!".!"" Notice of *etting Bench /rial date of NovemAer 3%, #%"") 0urther, tCo non2Eudicial court
    - 430-
    1
    2
    holidays days (/han5sgiving and 0amily Day' occurred AetCeen the filing of that ""!".!"" Notice
    and the ""!3%!"" /rial, therefore, a Eurisdictional Aar ma5es void the ""!3%!"" $rder)
    <dditionally, the +$< in #%4 is deficient Chere Coughlin Cas given permission to and did
    suAmit for filing on "#!"#!"" his 9otion for NeC /rial and served it upon the +C< in compliance
    Cith all applicaAle rules, despite Chatever sua sponte, too early, oAEections Budge 8oCard made on
    "#!"!"" on the +C<4s Aehalf, and the +C<4s failure to oppose such motion should ta5en as an
    admission under ;ol5 v) *tate that the 9otion should Ae granted)
    *imilar the the argument that a Eudges decision that any conduct did not rise to the level to
    re3uire reporting under Canon 3d is the fact that that there are some Alan5s the the form order used to
    prepare the ""!3%!"" BCC$ that lac5 chec5 mar5s, and Chat important Alan5s those turn out to Ae
    given the conclusiveness that Aar counsel so enEoys under *C+ """(.' noC operates to defeat the
    Complaints allegations respecting a violation of <N> +;C in connection Cith ##"7, Chere the
    BCC$ reads (and this is Chere the ruAAer stamp signature :
    Q< Areach of the peace, Aoisterous conduct or violent disturAance in the presence of the Court, or in
    its immediate vicinity, tending to interrupt due to the course of the trial or other Eudicial proceeding,
    [[ +efusing to Ae sCorn or ansCer as a Citness,
    [[ DisoAeying a laCful Crit!order!rule!process issued Ay the Court!Eudge at chamAers, and
    ?8(+(<* such conduct:
    [[ Demeaned the Court)))Y
    < 9arshal Criting QrefusedY an initialing the ""!3%!"" Budgment of Conviction and Court
    $rder does not meet the service re3uirements to start the running of the deadlines to file a 9otion for
    NeC /rial and or Notice of <ppeal, especially Chere the final 5ey three minutes of Budge 8oCard4s
    $rder as rendered Cere made in aAsentia Cith respect to +C< +oAerts, Chom had left the Auilding Ay
    that point) /he +9C4s failure to mail Coughlin that BCC$ (reference emails and calls AetCeen
    -eronica 6opeI and Coughlin Cherein +9C admits to not doing so' ma5es the $rder <ffirming
    +uling of +9C (attached as (1hiAit " to Complaint' void for lac5 of Eurisdiction as Cell) /hat4s
    Chere the 9arshals getting angry Cith Coughlin and ta5ing aCay the $rder Cas attempting to discern
    prior to considering signing the Alan5 after Q7 :ND(+*/<ND <N ;+$97*( /$ $B(> /87*
    $+D(+) D(0(ND<N/: [[[[Y, and then rippign it aCay from Coughlin in an aCesome display of
    authority and dominance, and then failing to put said $rder in Coughlin4s laptop case, refusing to
    alloC Coughlin to hit QsaveY on his netAoo5 to retain his trial notes prior to the 9arshal poCering it
    doCn and pac5ing it in Coughlin4s Aag, and Budicial <ssistant 6opeI refusing to provide Coughlin
    QanotherY copy of said $rder, the failing to folloC through on her representation that she Could fa1 it
    to Coughlin necessarily ma5es the BCC$ stale or Coughlin4s suAse3uent motions victorious under
    ;ol5)
    -O( in 33/EB at page /0 missing page thereafter !ith :not a 6aia#e offense=
    interineation #y 9udge Co!ard,
    <s for any *C+ "%#). analysis, can Coughlin meet a Qclear and convicing evidenceY standard Ay
    merely placing chec5 mar5s after each suAsection on mitigation and ceasing to chec5 all suAsections
    addressing aggravationF Can Coughlin say QyesY in response to a *BN Ging style regurgitation of
    the language of a rule or statue folloCed Ay a generaliIed, circular promptF 7f so, then QyesY and
    chec5 all Alan5s for mitigation and leave unchec5 those for aggravation) ;rior to his current
    temporary suspension Coughlin had Aeen a memAer in good standing Cith Aoth the :nited *tates
    - 431-
    1
    2
    ;atent and /rademar5 $ffice (:*;/$' (since 9ay #%%3' and *tate Bar of Nevada (since 3!#9!%.'
    Cith aAsolutely no disciplinary history Chatsoever) *o)))spea5ing of that, hoC does Ging4s DoC*o(
    not violate &)", ")", ")3, 3)", 3)3, 3)4, 3)., 3)&, and, uh, oh, hang on my +;C :Ii Eammed for a
    sec)))Chere Cas 7F
    /he 0$0C$6 attempts to characteriIe a civil summary contempt finding Ay Budge 8oCard as
    clear and convincing evidence of a violation of various +;C4s= hoCever, Budge 8oCard assessment
    that nothing Coughlin did during that /rial invo5ed a duty to report under Eudicial canons must Ae
    vieCed as creating, at the very least, a presumption (if not res Eudicata on the issue' that no such
    professional misconduct occurred) 0urther, Budge 8oCard specifically delineated his $rder, at ":"
    as applying to Coughlin in his role as a QD(0(ND<N/Y and not in any professional capacity such
    that the +ules of ;rofessional Conduct Could apply to any such finding or ruling) <ctually, its
    interesting, that $rder reads: QN<9(: Z<C8(+> C$:@867N, Cho is a D(0(ND<N/ [[[[[[
    ;arty= [[[[[ ?itness= [[[[[[ *pectatorY)
    @ranted, its Aasically a form order Cith scantly filled in Alan5s mentioning Coughlin
    Qlaughing during testimonyY, saying Q?$?Y folloCing 8oCard refusing to grant a continuance
    (even Chere so very many factor Ceighed in favor of doing so (+C< +oAerts had stipulated to one in
    Criting= Budge ?) @ardner granted one that same day to the +C< due to 8ill4s going on vacation in
    #4%., Coughlin had not previously sought nor received a continuance, the first continuance Cas a
    result of no fault of Coughlin4s (and 8oCard admitted in the last # minutes of the transcript to having
    Aeen Qmista5enY aAout that'= Coughlin alleged 8ill Cas Cithholding e1culpatory materials supportive
    of Coughlin4s contention that ?al29art has previous to the 9!9!"" arrest threatened to aAuse process
    against Coughlin in retaliatory for his e1posing and criticiIing ?al29art4s suspect practices Cith
    respect to honoring its stated, Critten +eturn ;olicy, the +C< cited no preEudice it Could endure as a
    result of a continuance, all three Citnesses Cere li5ely Ae receive compensation from their employers
    for attending the trial, and all three Citness stayed until the conclusion of the trial at ?D34 pm, !here
    they had #een there prior to the start of the /D44 pm stac"ed doc"et, so their QtimeY Cas
    oAviously not Aeing ta5en from them or preventing them from doing anything else of their choosing')
    -eations !ith Opposing Counse
    (NN' +;C 3).< states D?hen a laCyer 5noCs or reasonaAly should 5noC the identity of a laCyer
    representing an opposing party, he or she should not ta5e advantage of the laCyer #y causing any
    defaut or dismissa to #e entered !ithout first in>uiring a#out the opposing a!yer's intention
    to proceed,D (FBudge 6inda @ardner4s former employer @ayle Gern, (s3) in +BC +ev#%"#2%%%374,
    perhapsF D7t is aAsolutely fair, >our 8onor)))D to +BC Budge Bac5 *chroeder Chen he entered a default
    summary e)iction on 3!".!"# against Coughlin despite Coughlin having filed a /enant4s <nsCer of
    suAstantial length and suAstance and Coughlin appearing, perhaps even on time, on 3!".!"# for the
    8earing (and an unlaCful interruption of essential services hearing had already ta5en place against
    Gern4s client, though only the property manager shoCed up to play laCyer for ;//88$<')
    <ccordingly, the ;anel finds that the *tate Bar failed to meet its Aurden of proof on this issue as an
    evidentiary matter Aut fmds that as a matter of default the violation may Ae deemed admitted) (this is
    a nonsense argument, especially Chere the ;anel and *BN pat themselves on the Aac5 for, allegedly,
    providing sufficient due process to Coughlin!fulfilling *C+ "%.)))its one or the other)))Aut the ;anel
    doesn4t get to purport that Coughlin defaulte Chere it is also trumpeting the feats of due process it
    enaAled))))')
    -espect for the -ights of Third Persons
    (++' +;C 4)4(a' states 4D7n representing a client, a laCyer shall not use means that have no
    suAstantial purpose other than to emAarrass, delay, or Aurden a third person))) D (uh)))li5e 8ill4s
    - 432-
    1
    2
    allegations of finding a Dcrac5 pipe and a Aag of CeedD or a Dvial of somethingD and Da large 3uantity
    of pillsDF') 8oCever +;C 4)4 relates to Qthird personsY, not opposing parties or counsel, and a court
    itself has never Aeen deemed a third person in a matter it is presiding over)
    irst, Chile there ha)e #een no forma prior discipinary proceedings #y the State *ar, the
    record estaAlishes that Coughlin has Aeen disciplined Ay Cay of sanctions on at least four prior
    occasions)
    <ny such sanctions rendered against Coughlin are void: /4, SP0,B/T Post6udgment Motion
    for Sanctions < Eudge lac5s authority to grant a partyRs postEudgment motion for sanctions) *uch a
    motion does not comply Cith the safe harAor provision of CC; K"#&)7(c'("') Barnes v /epartment of
    &orrections ("999' 74 C<4th "#, "#9P"3., &7 C+#d .94) < sanctions motion that is served and
    filed after the action has Aeen dismissed is also untimely) *art v )vetoom (#%%#' 9. C<4th 4"%, 4"3P
    4"., "". C+#d ."") < party must serve any motion for sanctions Aefore the final disposition of the
    claimed sanctionaAle conduct in order to give the opposing party an opportunity to correct the
    allegedly offending conduct and avoid sanctions) 74 C<4th at "3%, "3#P"33, "3.) 0or e1ample, an
    order sustaining a demurrer Cithout leave to amend does not Aar a motion for CC; K"#&)7 sanctions
    unless the order is reduced to a Eudgment Aefore the sanctions motion is served and filed) Ban,s v
    *athaway, "errett, .ebster, "owers K &hrisman (#%%#' 97 C<4th 949, 9.4, ""& C+#d &%3) 7f the
    motion is served Aefore the entry of Eudgment, and the safe harAor time e1pires Aefore Eudgment is
    entered, the motion can Ae filed after the Eudgment is entered) /ay v &ollingwood (#%%' "44 C<4th
    """, ""#4, .% C+3d 9%3)
    7n the summary e)iction appeal in %3#&, a 3!3%!"# $rder Ay Budge 0lanagan Denied
    Coughlin4s appeal, and it Cas not until 8ill4s associate Ba5er, on 4!"9!"# filed a 9otion for <ttorney4s
    0ees, Cherein only then a re3uest for sanctions and citation to N+* 7)%&. Cas made, that the landlord
    sought sanctions) *uch a ;ostEudgment 9otion for *anctions may not Ae a Aasis for aCarding an
    attorney fee sanctions)
    0urther, to the e1tent *ellers Could prohiAit Coughlin from Aeing aCarded his oCn attorney
    fees as a self represented attorney litigant in "7%&, it Could Ae impermissiAle to alloC the counter of
    that, Cere it even the case that any such sanctions that might have issued Cere aCarded against
    Coughlin as his oCn attorney versus against &oughlin as a litigant or appellant-
    California Budges Benchguide 3P SP0,B4T (ttorneyFs 8ees
    /he aCard of sanctions may include attorneyRs fees to the movant) CC; K"#&)7(d') 8oCever,
    a self2represented attorney Cho responds to a filing aAuse may not recover sanctions under CC;
    K"#&)7 in the form of attorneyRs fees) Musaelian v )dams (#%%9' 4. C4th ."#, ."P.#%, &7 C+3d
    47. (e1pressly disapproves $aborde v )ronson (#%%"' 9# C<4th 4.9, ""# C+#d ""9 and )bandonato
    v &oldren ("99.' 4" C<4th #4, 4& C+#d 4#9, to the e1tent that they are inconsistent')
    <s to *C+ "%#). mitigation respecting previous disciplinary record, Coughlin has none,
    period) 0urther, as set forth in e13uisite detail in Coughlin4s ""!"9!"# filing in "3&3 and a "%!3"!"#
    filing in the instant matter (Chich is curiously aAsent from the +$< and the *BN4s )lphabetical
    5nde6 of /ocuments, particularly suspect given it is perhaps the singularly most damaging filing Ay
    Coughlin to 8ill and the *BN4s approach and contentions in this matter)))and Coughlin had a file
    stamped copy of that filing, so)))') N+C; .(E')
    v
    Coughlin4s case, had the ;anel or Bar let him put on evidence related thereto, is actually 3uite
    strong on an *C+ "%#). mitigation analysis:
    9ental or (motional DisturAance <s Defense or 9itigating 0actor 7n <ttorney Disciplinary
    ;roceeding, 4 <9B:+ ;$0 #d .3:
    - 433-
    1
    2
    P 5, Nature of distur#ance`Neuroses
    LCumulative *upplementM
    6iterally meaning DaAnormal or diseased condition of the nerves,D the term DneurosisD has
    historically Aeen used to represent a group of functional disordersL.%M having in common the
    presence of, or an ineffectual defense against, an1iety) 7n contrast to psychotics,L."M neurotics
    maintain insight and are less affected in their day2to2day living)L.#M
    O#ser)ationD
    /he <merican ;sychiatric <ssociation4s latest diagnostic and statistical manual (DD*92777D' has
    omitted the former maEor class of DNeuroses,DL.3M replacing it Cith several categories: affective,
    an1iety, somatoform, dissociative, and psychose1ual disorders)L.4M /he rationale for this significant
    change Cas that no consensus presently e1ists in the psychiatric field as to hoC to define the term
    Dneurosis,D Cith some clinicians confining the term to its descriptive meaning (as indicating a painful
    symptom in someone Cith intact reality2testing' and others employing it to include also the concept
    of a specific etiological process (an unconscious conflict arousing an1iety, leading to the maladaptive
    use of defense mechanisms, and resulting in symptom formation')L..M /he guide does give Dneurotic
    disordersD as an alternative descriptive term for several of the affective and other disorders mentioned
    aAove= for instance, hypochondriasis, one of the somatoform disorders, is referred to parenthetically
    as Dhypochondriacal neurosis)DL.M
    8istorically, the neuroses have Aeen named according to their predominant symptom patterns,
    having names such as an1iety neurosis, hysterical neurosis, phoAic neurosis, oAsessive2compulsive
    neurosis, depressive neurosis (dysthymic reaction', and hypochondriacal neurosis) 0or instance, the
    depressive neurosis has Aeen said to Ae characteriIed Ay e1cessive and prolonged despondency
    coupled Cith feelings of incapacity and helplessness, usually folloCing some real or symAolic loss,
    and unresolved internal conflict, or a drop in self2esteem)L.7M *everal of the foregoing neuroses have
    Aeen redefined Ay D*92777 as an1iety disorders) 0or e1ample, one of the an1iety disorders falling
    Cithin the suAcategory of an1iety states (or an1iety neuroses' is the oAsessive2compulsive disorder
    (referred to parenthetically as the oAsessive2compulsive neurosis')L.&M <ccording to the manual, this
    disorder4s essential features are enduring oAsessions or compulsions) $Asessions are defined as
    recurrent and persistent ideas, thoughts, images, or impulses Chich are ego2dystonic (e1perienced not
    as voluntarily produced, Aut rather as senseless or repugnant invasions of consciousness'=
    compulsions are defined as repetitive and ostensiAly purposeful Aehavior Chich is performed
    according to various rules or in stereotyped fashion)L.9M /he compulsive Aehavior is said not to Ae an
    end in itself, Aut is designed to produce or to prevent some future event or situation= hoCever, either
    the Aehavior is not tied in a realistic Cay to Chat it is designed to Aring aAout or prevent, or it may Ae
    clearly e1cessive) Depression and an1iety are common Cith the oAsessive2compulsive disorder= often
    there is phoAic avoidance of situations Chich involve the suAEect of the oAsessions, such as dirt or
    contamination) <lthough the oAsessive2compulsive disorder ordinarily Aegins in adolescence or early
    adulthood, it may Aegin in childhood= its course is typically chronic, Cith Ca1ing and Caning of
    symptoms) 7mpairment of the individual is generally moderate to severe, although in some instances
    compulsions may Aecome a maEor life activity)L%M
    Diagnostically neurotic laCyers, defending charges or proffering mitigating factors at disciplinary
    proceedings on the Aasis of the reported neuroses, have Aeen disAarred,L"M suspended for a fi1ed
    period of time,L#M suspended for a definite period of time and thereafter until rehaAilitated,L3M and
    indefinitely suspended)L4M 7n one case the court dismissed the disciplinary proceeding against an
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    1
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    oAsessive2compulsive attorney Cho had Aeen convicted of failing to file federal income ta1 returns on
    the ground that ("' counsel Cas suAEect to discipline only if he had committed a crime involving
    moral turpitude or an act involving moral turpitude, dishonesty, or corruption= (#' the federal
    conviction Cas not predicated on and did not re3uire any intent to defraud since it rested on a finding
    of DAad purposeD inferred from his voluntary deliAerate failure to file the ta1 returns Cith 5noCledge
    that there Cas no reasonaAle Eustification for his not doing so= and (3' his psychiatric proAlems Cere
    not considered as Eustifying any acts of moral turpitude, Aut rather as tending to negate any fraudulent
    intentSa state of mind on Chich a finding of moral turpitude might Ae Aased)L.M
    C+M+L(TI;E S+PPLEMENT
    CasesD
    <epression and an'iety disorderD <ttorney Cho Cas suspended for ma5ing false statements to
    client and for failing to act Cith diligence Could Ae reinstated suAEect to a three year period of
    proAation Cith certain conditions, including the conditions of malpractice insurance and attorney4s
    formal agreement to repay deAt= doctor diagnosed attorney as suffering from profound maEor
    depression and an1iety disorder Cith severe phoAia and stated that attorney had made e1cellent
    progress, and doctor opined that attorney presented a very loC ris5 for recidivism and that he did not
    represent a danger to the puAlic) 7n re *ullivan, &%" <)#d 933 (Del) #%%#'= ?est4s Gey NumAer
    Digest, <ttorney and Client 5")
    <ttorney4s misappropriation of client funds, through si1 separate deposits into his laC office4s
    operating account, Chich account Cas overdraCn during periods of commingling of operating funds
    Cith client funds, Cas negligent rather than intentional, and thus, suspension rather than disAarment
    Cas appropriate disciplinary sanction= Chen attorney discovered that a chec5 to client e1ceeded the
    Aalance in operating account, he promptly covered the shortage, and Chen the misconduct occurred
    during one2year period, attorney had Aeen undergoing psychotherapy) ?est4s 0)*)<) Bar +ules .2
    ")"(a, A', (g'(#', .2")#(A, c'= Bar +ules 42")".(a, A, d', .2")"(a, d', (e'(#' (#%%"') /he 0lorida Bar v)
    ?olf, 93% *o) #d .74 (0la) #%%'= ?est4s Gey NumAer Digest, <ttorney and Client 5.9).(.')
    < #2year suspension and proAationary terms Cere imposed on attorney convicted of ma5ing
    oAscene phone calls, Chere the referee, after considering attorney4s chemical and alcohol dependency,
    his diagnosed se1ual disorder, and a previous criminal conviction for the same offense, as Cell as
    attorney4s enrollment in counseling and therapy programs and the aAsence of previous Aar discipline,
    recommended a 9%2day suspension along Cith proAation for an indefinite time, Chile the Bar
    recommended a 32year suspension even though attorney4s offense did not relate to the practice of laC)
    /he 0lorida Bar v 8elinger ("993, 0la' #% *o #d 993, "& 06? * 347)
    *ipoar disorderD <ttorney4s disaAility for practice of laC, occasioned Ay his diagnosed Aipolar
    disorder, Carranted acceptance of his petition for voluntary discipline, Chich petition called for five2
    year removal from practice of laC, in light of attorney4s lac5 of prior disciplinary record, lac5 of
    dishonest or selfish motive, e1istence of personal and emotional proAlems, timely good faith effort to
    ma5e restitution and rectify conse3uences of misconduct, full and
    - 435-
    1
    2
    free disclosure to disciplinary Aoard and cooperative attitude toCard proceedings, good character
    and reputation, mental disaAility or impairment, interim rehaAilitation, and remorse) *tate Bar +ules
    and +egulations, +ule 42"%4(a') 7n re +and, #79 @a) ..., " *)()#d 4.# (#%%.'= ?est4s Gey NumAer
    Digest, <ttorney and Client .&)
    <epressionD (vidence Cas sufficient to support finding that attorney4s unethical conduct Cas not
    solely related to onset of his undiagnosed maEor depression and Cas otherCise uncharacteristic of his
    manner of practice, yet, groCing state of attorney4s depression played some role in attorney4s
    misconduct in varying degrees, so as to Ae considered as a mitigating factor in the imposition of
    discipline= attorney testified he Could go to Cor5 and Ae unaAle to meaningfully perform any tas5s
    for Cee5s at a time, and Cas unaAle to even go to Cor5 at times, Chich e1plained his neglect of client
    matters, although evidence did not similarly e1plain the same relationship AetCeen the depression
    and attorney4s misrepresentations, even though it Cas apparent the tCo circumstances Cere co2
    e1istent) 7)C)<) +ule 3#)D+ "2"%#(<'(42', D+ 2"%"(<'(3', D+ 72"%"(<') 7oCa *upreme Court Bd)
    of ;rofessional (thics and Conduct v) @roteCold, 4# N)?)#d #&& (7oCa #%%#'= ?est4s Gey NumAer
    Digest, <ttorney and Client 5.3(#')
    *i12month suspension from the practice of laC, Cith attorney4s reinstatement conditioned on
    demonstrating that he Cas fit to resume practice of laC, Cas the appropriate sanction for attorney4s
    misconduct in failing to complete his representation of estate, as attorney4s depression continued to
    impact attorney and his aAility to practice laC, attorney4s misconduct caused actual serious inEury to
    estate of H37,.9)., and attorney failed to diligently represent estate for an ""2year period)
    *up)Ct)+ules, +ule ##, +ules of ;rof)Conduct, +ules ")", ")3, ")4(a', 3)#) 7n re 0oster, #.& ;)3d 37.
    (Gan) #%""')
    Significant depression, personaity disorder, and mood disorder did not render attorney utterly
    unaAle to conform his conduct in accordance Cith the laC and the rules of professional conduct so as
    to mitigate punishment for his intentional dishonesty and misappropriation of client funds, Chere
    attorney maintained a successful laC practice during the relevant period of time, and he Cor5ed 7% to
    &% hours per Cee5) <ttorney @rievance Com4n of 9aryland v) Za5roff, 3&7 9d) %3, &7 <)#d 4
    (#%%.'= ?est4s Gey NumAer Digest, <ttorney and Client .&)
    ?hen an attorney raises psychological disaAility as a mitigating factor contriAuting to
    misconduct, the attorney must prove Ay clear and convincing evidence that he or she has a severe
    psychological proAlem, that the psychological proAlem Cas the cause of the misconduct, that he or
    she is undergoing treatment and is ma5ing progress to recover, that the recovery has arrested the
    misconduct, and that the misconduct is not apt to recur) 7n re Disciplinary <ction <gainst $tis, "99&
    ?6 49&#% (9inn) "99&')
    *ipoar disorderD <ttorney shoCed that recovery from his Aipolar disorder arrested his
    misconduct of misappropriating client funds and that a recurrence of his misconduct Cas unli5ely, as
    re3uired for attorney4s Aipolar disorder to constitute mitigating factor in attorney disciplinary
    proceeding= physician stated that attorney Cas compliant Cith his medication and that if he continued
    ta5ing it, a recurrence Cas unli5ely, and physician stated that he Could continue to monitor attorney,
    and attorney agreed in his Arief to continued monitoring of his condition for a five2year proAationary
    period) 7n re BelI, #.& *)?)3d 3& (9o) #%%&'= ?est4s Gey NumAer Digest, <ttorney and Client
    5.9).(.')
    9ental disaAility can Ae considered in mitigation of discipline only if attorney4s recovery
    - 436-
    1
    2
    from his condition can Ae demonstrated Ay Da meaningful and sustained period of successful
    rehaAilitation)D <ccordingly, attorney4s Dchronic depressionD could not Ae considered as mitigating
    factor in imposing discipline on attorney for failure to act diligently on Aehalf of his clients and his
    failure to communicate Cith them, Chere attorney admitted he still suffered from his mental
    disaAility, chronic depression, and that his counselor had concluded that practicing laC aggravated his
    depression) 7n re *mith ("993' "". N9 79, &.& ;#d &.7)
    <ttorney convicted of petit larceny Cas sufficiently impaired to cause her aAerrational conduct,
    and since she sought and oAtained appropriate psychological help for her proAlem, censure for
    misconduct Cas proper) 7n re 9ongioi ("99., #d Dept' #"3 <pp Div #d "%7, 3" N>*#d 77)
    ;uAlic censure Cas proper discipline for attorney Cho neglected several estate matters and had
    prior admonitions, Aut Cho had psychological condition during relevant period, sought treatment, and
    tried to hire additional personnel to avoid placing her in Eeopardy of repeating conduct Chich
    precipitated disciplinary proceeding) 7n re (rda ("99., "st Dept' #%9 <pp Div #d "47, #. N>*#d
    ".)
    8ighly compensated partner in maEor laC firm Cho overcharged clients to pay for lu1ury
    purchases Could Ae disAarred, despite repayment of converted funds, since repayment Cas made only
    after misconduct Cas disclosed and he failed to estaAlish causal connection AetCeen alleged
    psychological proAlems he Cas undergoing and conversions) +e @ieger ("99", "st Dept' "7% <pp
    Div #d "34, .7# N>*#d "", app den 79 N>#d 7.., .&" N>*#d ., .9% N(#d #.%)
    <ttorney4s health conditions Could not Ae considered as a mitigating factor in disciplinary
    proceeding, since attorney failed to demonstrate that his traumatic head inEury, chronic oAstructive
    pulmonary disease, diaAetes, and an1iety Cas lin5ed to his conduct in neglecting client matters,
    failing to maintain a record documenting his receipt of a client4s fee, failing to promptly comply Cith
    a reasonaAle client re3uests for information, failing to 5eep a client reasonaAly informed aAout the
    status of the client4s legal matter) Cleveland 9etro) Bar <ssn)
    v) Gaplan, "#4 $hio *t) 3d #7&, #%"%2$hio2"7, 9#" N)()#d 4. (#%"%')
    ?hile Board of Commissioners on @rievances and Discipline of the *upreme Court may properly
    consider attorney4s mental illness at the time of alleged misconduct as a mitigating factor in
    determining Chat sanction should Ae imposed, the mental illness provisions for summary suspension
    are not intended to Ae used Ay attorney in a disciplinary action to avoid suspension for violations)
    @overnment of the Bar +ule -, K 7) Cincinnati Bar <ssn) v) Gomare5, &4 $hio *t) 3d 9%, 7%# N)()#d
    # ("99&')
    ?here an attorney had failed to disclose on her Aar application her shoplifting incidents and
    psychological counseling for Aulimia, mild an1iety, and depression, the attorney Cas suspended for
    an indefinite period of practice of laC= this suspension is to terminate upon a shoCing of her
    compliance Cith a thorough psychological evaluation and, if necessary, treatment, folloCed Ay
    further revieC Ay the Aoard of her character, fitness, and moral 3ualifications for admission to the
    practice of laC) 7n re *alisAury, 9 $hio *t 3d 4%3, 3# N(#d "#&&)
    9itigating factor to Ae considered in determining sanction for attorney Cho failed to ma5e
    numerous filings and made false filings Chile representing Aan5ruptcy clients, failed to communicate
    Cith clients, failed to determine effect of Aan5ruptcy filings on clients4 property transfers, and failed
    to cooperate Cith disciplinary investigation, Cas that attorney suffered from depression during the
    relevant time periods, Aut suAse3uently oAtained treatment for that
    - 437-
    1
    2
    condition) 7n re Disciplinary ;roceedings <gainst 9erriam, #%"% ?7 #", 7&% N)?)#d ".% (?is)
    #%"%')
    Emotiona stressD <ttorney4s eventually admitting to using client4s H3%%% cashier4s chec5 to
    purchase a television for her family and claim that her failure to have made admission timely Cas
    result of emotional stress Cere insufficient to render improper conclusion that she engaged in
    dishonesty, fraud, deceit or misrepresentation in the matter, given attorney4s misrepresentations to
    client4s successor attorney regarding funds and accounting methods used to e1plain hoC chec5 Cas
    used) ?isconsin *upreme Court +ules #%:&)4(c') 7n re Disciplinary ;roceedings <gainst @ilAert, ##7
    ?is) #d 444, .9. N)?)#d 7". ("999'= ?est4s Gey NumAer Digest, <ttorney and Client 544(#')
    *ection 4 0ootnotes: L0N.%M < functional disorder is a disturAance affecting function Aut not
    structureSone largely originating in the mind or the emotions) 7n contrast, an organic mental disorder
    is a transient or permanent dysfunction of the Arain caused Ay a disturAance of the physiologic
    functioning of Arain tissue at any level of organiIationSstructural, hormonal, Aiochemical, or
    electrical) Blinder, ;sychiatry in the (veryday ;ractice of 6aC: < 6aCyer4s 9anual for Case
    ;reparation and /rial (#d ed)' KK #", #& Lhereafter referred to as Blinder, ;sychiatry in ;ractice of
    6aCM) L0N."M *ee K .) L0N.#M ?hite N ?att, <Anormal ;ersonality 7.") L0N.3M <merican
    ;sychiatric <ssociation, Diagnostic and *tatistical 9anual of 9ental Disorders 9 (3d ed "9&%'
    Lhereafter referred to as D*92777M) L0N.4M 7d), p "%) L0N..M 7d), p 9)
    NoteD /o avoid this amAiguity, the association has recommended that the term Dneurotic
    disorderD Ae used only descriptively, Chereas the term Dneurotic processD should Ae employed
    Chenever the clinician desires to designate the concept of a specific etiological process involving the
    folloCing se3uence: unconscious conflicts AetCeen opposing Cishes or AetCeen Cishes and
    prohiAitions, Chich causes unconscious perception of anticipated danger of dysphoria, Chich leads in
    turn to use of defense mechanisms that result in either symptoms, personality disturAance, or Aoth) 7d)
    L0N.M 7d), pp "&, #49) L0N.7M Blinder, ;sychiatry in the (veryday ;ractice of 6aC: < 6aCyer4s
    9anual for Case ;reparation and /rial (#d ed)' K #)") L0N.&M D*92777, "&, #34) L0N.9M 7d), p #34)
    L0N%M 7d) L0N"M +e 0reiAurghouse ("9.9' .# Cal #d ."4, 34# ;#d " (compulsive2oAsessive
    neurosis'= +e Bur5a ("9&%, Dist Col <pp' 4#3 <#d "&" (an1iety neurosis Cith associated depression'=
    <ttorney @rievance Com) v Bur5a ("9&"' #9# 9d ##", 43& <#d ."4 (identical diagnosis') # <)6)+)
    4th 99. K LaM) L0N#M +e *atta ("979, "st Dept' 7" <pp Div #d #9#, 4## N>*#d 4"&) # <)6)+) 4th
    99. K LAM) L0N3M 6ouisiana *tate Bar <sso) v *tevenson ("97&, 6a' 3. *o #d 4%&) # <)6)+) 4th
    99. K LAM) L0N4M +e Cohen ("9&3, "st Dept' 9# <pp Div #d "39, 4.9 N>*#d 434 (indefinitely
    suspending attorney Cho, diagnosed as having DadEustment disorder Cith mi1ed emotional features,D
    Cas suffering from an1iety, paranoia, depression, and fantasies'= *tate v 6edvina ("97' 7" ?is #d
    "9., #37 N?#d &3) # <)6)+) 4th 99. K LAM) L0N.M +e 0ahey ("973' & Cal 3d &4#, "% Cal +ptr
    3"3, .%. ;#d "39, 3 <6+3d 4.) <s to the propriety of disciplining counsel for ta12related
    misconduct, see <)6)+) 6iArary 0ederal income ta1 conviction as involving moral turpitude
    Carranting disciplinary action against attorney, 3 <)6)+) 3d 47= 0ederal income ta1 conviction as
    constituting nonprofessional misconduct Carranting disciplinary action against attorney, 3 <)6)+)
    3D ."#)
    P B, Nature of distur#ance`Other disordersSEET
    6i5e their alcoholic, drug2dependent, neurotic, and psychotic counterparts,L7&M attorneys Cith
    other mental and emotional maladies have claimed, Cith different degrees of success, that their
    - 438-
    1
    2
    disturAance should 3ualify as a defense to charges of unethical conduct or as a factor mitigating the
    e1tent of discipline to Ae imposed)L79M /hese other types of disturAances Cill Ae discussed in the
    folloCing order: amnesia, epilepsy, the so2called DAurned outD syndrome, and generic disorders)
    L0N77M 0or consideration of character or personality disorders, such as /ype D<D personality and
    narcissistic personality, see Blinder, ;sychiatry in the (veryday ;ractice of 6aC: < 6aCyer4s 9anual
    for Case ;reparation and /rial (#d ed)' K #)"LdM= <merican ;sychiatric <ssociation, Diagnostic and
    *tatistical 9anual of 9ental Disorders "9, 3%. (3d ed "9&%'= /) 9illon, Disorders of ;ersonality,
    D*92777: <1is 77 ("9&"') L0N7&M *ee KK #P ., supra) L0N79M *ee, for e1ample, +e 0itI @iAAons
    ("93"' "&# 9inn 373, #34 N? 37 (disAarring epileptic attorney'= +e 0allic5 ("93' #47 <pp Div
    "7, #& N>* .&" (suspending amnesiac laCyer'= +e Conduct of 6oeC ("9&#' #9# $r &%, 4# ;#d
    ""7", # <6+4th 9&7 (suspending counsel Cith DAurn out syndromeD'= +e Crist ("97"' #.& $r &&,
    4&" ;#d 74, (proAating psychiatrically trouAled deputy district attorney'= +e +osenAlatt ("97#' % NB
    .%., #9" <#d 39 (reprimanding attorney allegedly suffering from psychological Aloc5') <)6)+)
    6iArary: 9ental or emotional disturAance as defense to or mitigation of charges against attorney in
    disciplinary proceeding, # <)6)+) 4th 99. K "%)
    L0N&%M Dissociation is the term commonly used to define the phenomenon Ay Chich a group of
    mental processes splits off from the mainstream of consciousness, or Ay Chich Aehavior loses its
    relationship to the rest of the personality) Dissociative disorders are disturAances in Chich the normal
    integration of consciousness, memory, or identity is aAruptly and temporarily altered) @) Davison N B)
    Neale, <Anormal ;sychology: <n (1perimental Clinical <pproach 77" (3d ed "9&#' Lhereafter
    referred to as Davison N Neale, <Anormal ;sychologyM) L0N&"M <merican ;sychiatric <ssociation,
    Diagnostic and *tatistical
    (ttention deficit disorderD <ttorney Cho negligently commingled client and personal funds
    Could Ae puAlicly censured, Chere attorney had not acted Cith dishonest motive, clients had not
    suffered actual harm, and physician testified that attorney4s attention deficit disorder, Chich Cas
    currently Aeing successfully treated Cith medication, Cas maEor cause of mishandling of funds)
    ;eople v *hidler ("99., Colo' 9%" ;#d 477)
    Passi)e%(gressi)e Personaity <isorderD < psychiatrist4s opinion that an attorney suffered from
    a D;assive2<gressive ;ersonality Disorder,D and a DDysthymic Disorder,D although indicating that the
    attorney may have suffered from the disorders, Could not alone constitute a defense to charges of
    misconduct on grounds of mental incompetence, and Could not serve to mitigate the disAarment)
    <lthough the attorney may have suffered from the disorders, the psychiatrist testified that the
    disorders Cere not of such magnitude as to render him totally incompetent to practice laC, or unaAle
    to understand the nature of the disciplinary charges against him) 7n addition, Aecause the violations
    Cere numerous, diverse, and serious (multiple violations of si1 rules of professional conduct', the
    aggravating circumstances outCeighed the mitigating circumstances) +e +ich ("9&9, Del *up' ..9
    <#d "#.")
    <omestic emotiona distressD *uspension of attorney from practice of laC for 3% days, folloCed
    Ay "&2month period of proAation, Cas appropriate discipline, though attorney gave false statement to
    police officer in connection Cith incident that resulted in attorney4s Aeing arrested for stealing
    automoAile (charges that Cere later not pursued', since attorney had not Aeen suAEect of prior
    disciplinary action, and there Cas mitigating evidence shoCing that he acted under emotional distress
    - 439-
    1
    2
    of Aro5en marriage) <dditionally, many Citnesses offered their opinion that attorney had Aegun
    significant rehaAilitation) /he 0lorida Bar v ;oplac5 ("99#, 0la' .99 *o #d "", "7 06? * ..)
    <omestic emotiona distressD <n attorney Could Ae suspended for tCo years after he improperly
    signed his name and that of his client to a settlement chec5 and Cithheld payment to the client for
    more than three months Chile using the funds for his oCn purposes) /he attorney4s claim that he had
    no recollection of the events during this three month period due to e1treme emotional distress Arought
    on Ay his Cife and children leaving him and in2laCs harassing him, Could not mitigate the discipline
    Chere the attorney, despite the alleged distress, Cas aAle to Crite numerous chec5s payaAle to himself
    and other payees indicating that he Cas aAle to transact Ausiness and conduct his practice) +e <ltman
    ("9&9' "#& 7ll #d #%, "3" 7ll Dec .49, .3& N(#d ""%.)
    <ttorney4s depression and financial difficulties Cere not mitigating factors for disciplinary
    purposes, given that attorney did not comply Cith <merican Bar <ssociation (<B<' *tandard setting
    forth four factors that must Ae shoCn in order for mental disaAility to 3ualify as a mitigating factor=
    attorney failed to ma5e a shoCing as to any of these elements, and he had ampe notice and
    opportunity to su#mit e)idence a#out his condition, Aut came to the disciplinary hearing
    unprepared to do so) 7n re ?oodring, #"% ;)3d "#% (Gan) #%%9')
    Serious emotiona and physica pro#emsD <ttorney Cho Cas guilty of failing to 5eep one client
    reasonaAly informed aAout status of matter and to promptly comply Cith reasonaAle re3uests for
    information and, Cith respect to another client, to respond to motion for summary Eudgment and to
    inform client of dismissal, and to comply Cith client4s re3uests for information, Could only Ae
    puAlicly reprimanded Chere there Cere significant mitigating circumstances) <ttorney suffered from
    serious emotional and physical proAlems= premature child, death of second neCly Aorn child, divorce,
    temporary sole custody of child= pulmonary Alood clot, diaAetes, 5idney stones and corneal aArasions)
    Gentuc5y Bar <ss4n v *tarnes ("993, Gy' &4 *?#d 9%7)
    Impuse contro disorderD +ecord did not estaAlish that there Cas any significant causal
    connection AetCeen attorney4s impulse control disorder and his misappropriation of funds from laC
    firms, and thus *upreme Court Could give little Ceight to the alleged mental disaAility in determining
    the appropriate sanction for attorney4s misconduct= although psychiatrist testified attorney Cas not
    motivated Ay greed, the testimony of attorney4s laC partners uniformly estaAlished that it appeared
    attorney Cas living Aeyond his means, attorney4s methods of misappropriating funds evolved over
    time in order to alloC him to avoid detection, suggesting his actions Cere not purely impulsive, and
    attorney admitted that he 5neC his actions Cere Crong) 7n re Bernstein, 9 *o) #d .37 (6a) #%%7'=
    ?est4s Gey NumAer Digest, <ttorney and Client 5.9).(.')
    8ugue or dissociati)e stateD <ttorney4s long2standing financial proAlems, e1acerAated Ay
    gamAling large sums of money over a suAstantial period of time, rather than a medical or
    psychological disaAility, caused her to misappropriate client funds, and thus no mitigating factors
    Carranted a reduction of the presumptive sanction of indefinite suspension= although attorney
    claimed that she suffered from a fugue or dissociative state during the period of misappropriation,
    attorney4s methodical and systematic misuse of funds for personal purposes Cas inconsistent Cith any
    conclusion that attorney Cas operating under a cognitive disaAility) 7n re Bohnson, 4.# 9ass) "%"%,
    &93 N)()#d 7&3 (#%%&'= ?est4s Gey NumAer Digest, <ttorney and Client 5.9).(.') <KM is a potent
    dissociati)e in the dosages @a%Mart accused Coughin of consuming on 1212// in connection
    !ith B4?0?,
    <ysthymia !ith secondary an'ietyD DisAarment Cas proper discipline for attorney Cho
    misappropriated funds Aelonging to clients and laC firm over period of time, despite fact that he
    suffered from dysthymia !ith secondary an'iety, Chere record suggested that attorney4s dysthymia
    - 440-
    1
    2
    Cas not severe psychological proAlem and only vaguely contriAuted to misconduct) 7n re ;etition for
    Disciplinary <ction against *hoema5er ("994, 9inn' ."& N?#d ..#)
    Cinica depressionD <ttorney Cho, in handling estate, converted estate4s funds, filed inaccurate
    accounting, and failed to respond to client4s repeated re3uests to close estate Could Ae suspended
    from practice of laC for # years, given mitigating factors of attorney4s prior unAlemished record and
    his suffering from clinical depression) 7n re Bennett ("99., 4th Dept' #"4 <pp Div #d #%, 3#
    N>*#d 737)
    <ttorney4s alleged depression and poor overall poor physical health Cere not mitigating factors to
    Ae considered in determining sanction for attorney Cho failed to file documents necessary to close
    estates in multiple proAate cases, failed to file accounting in guardianship matter, and failed to suAmit
    settlement entry for approval in Aan5ruptcy adversary proceeding= attorney4s medical records shoCed
    sporadic visits for assorted ailments and general malaise over the years, Aut did not su#stantiate an
    ongoing chronic condition, and $hio 6aCyers <ssistance ;rogram ($6<;' counselor stated that
    Chile attorney suffered from depression and an1iety, she did not render an opinion as to Chether
    attorney4s depression and an1iety actually contriAuted to his neglect of the legal matters entrusted to
    him over the time period in 3uestion) (rie28uron @rievance Commt) v) *toll, #%"%2$hio2.9&., 939
    N)()#d " ($hio #%"%')
    9itigating factors to Ae considered in determining sanction for attorney !ho misappropriated
    o)er OE,444 from his empoyer a! firm, resuting in theft con)iction, Cere attorney4s lac5 of a
    prior disciplinary record, payment of restitution, cooperative attitude toCard the disciplinary
    proceedings, imposition of other penaties or sanctions, good character and reputation, diagnosis of
    ad6ustment disorder !ith mi'ed conduct and emotion, cessation of criminal activity Aefore he Cas
    caught, and e1pression of sincere remorse at disciplinary hearing) Disciplinary Counsel v) Graemer,
    #%"%2$hio233%%, 93" N)()#d .7" ($hio #%"%')
    Conditionally stayed tCo2year suspension from practice Cas appropriate sanction for attorney
    Cho failed to do any Cor5 on case and to return unearned fee to client, failed to return money to
    another client Chen directed to do so Ay Aar association after arAitration of fee dispute, and failed to
    respond to a certified letter of in3uiry from Aar association concerning issues raised during arAitration
    proceeding= factors in mitigation included that attorney practiced laC for 3. years Cithout
    disciplinary incident and had distinguished career that included ten years in state <ttorney @eneral4s
    office, Cas diagnosed Cith ma6or depression for Chich he Cas receiving treatment, and had shoCn
    much remorse for his misconduct) Disciplinary Counsel v) 9c*hane, "#" $hio *t) 3d "9, #%%92
    $hio274, 9%# N)()#d 9&% (#%%9')
    Ma6or depressi)e disorderD /Co2year suspension, Cith one year stayed on conditions that
    attorney continue his psychiatric treatment for maEor depressive order and that attorney successfully
    complete tCo years of conditional proAation if he attains reinstatement, Cas appropriate disciplinary
    sanction for attorney4s misconduct, Chich included neglect of multiple
    - 441-
    1
    2
    clients4 legal matters, Chere attorney, despite ta5ing a series of antidepressant medications
    including a prescription regulated for its addictive 3ualities, persisted in drin5ing Aeer, Cine, and
    perhaps even more potent alcoholic Aeverages that also acted as depressants, and attorney appeared
    largely unconcerned aAout the perils his drug and alcohol use potentially posed to effective
    representation of clients) Code of ;rof)+esp), D+ 2"%"(<'(3') Disciplinary Counsel v) *haC, ""%
    $hio *t) 3d "##, #%%2$hio23&#", &." N)()#d 4&7 (#%%'= ?est4s Gey NumAer Digest, <ttorney and
    Client 5.9)"3(3')
    <epressionD <ttorney4s mishandling of his personal inEury client4s funds Carranted suspension
    from the practice of laC for one year Cith entire year stayed, conditioned upon his continued
    treatment for depression due to his father4s death Ay a psychologist!psychiatrist for duration of
    suspension, Chere misconduct Cas an isolated incident in his nineteen years of practice and attorney
    settled accounts of client4s medical Aills, shoCed remorse, and cooperated fully Cith investigation)
    NeC >or5 D+ 92"%#(<', (B'(3, 4') /oledo Bar <ssn) v) Gramer, &9 $hio *t) 3d 3#", 73" N)()#d 43
    (#%%%'= ?est4s Gey NumAer Digest, <ttorney and Client
    .&)
    <epressionD <n attorney4s alleged severe state of depression at the time of his misconduct Could
    not serve as a shield from amenaAility to disciplinary sanction, nor Could it serve to mitigate against
    his disAarment) < clinical psychologist found that the attorney suffered this depression and
    suAse3uent lac5 of recollection as a result of EoA2related stress from assuming an e1cessive
    responsiAility for Cor5) /he attorney4s Cor5aholic Aehavior Cas allegedly due to a personality type
    that Cas very conscientious and sensitive to guilt leading to an inaAility to refuse added
    responsiAility) <lthough the court considered the attorney4s emotional and mental state of mind as a
    mitigating factor, disAarment Could still Ae imposed given the attorney4s five2year pattern of highly
    deceptive practices that caused serious financial conse3uences to his clients and others) /he attorney
    had forged adverse parties4 appearances, fraudulently oAtained the signatures of puAlic officials,
    neglected clients4 legal matters, and had made false representations aAout the status of cases) *tate e1
    rel) $5lahoma Bar <ssn) v Colston ("9&9, $5la' 777 ;#d 9#%)
    Emotiona response to t!o famiy deathsD <ttorney Cho ine1plicaAly Aegan to overloo5
    scheduled appearances and to fail to communicate Cith clients after 3% years4 unAlemished service
    Could Ae suspended from practice of laC for # years, despite attorney4s claim that misconduct
    occurred due to his emotional response to deaths of tCo family memAers) 7n re Discipline of ?ehde
    ("994, *D' ."7 N?#d "3#)
    (<<D ;sychiatrist4s prescription of psychostimulant to attorney for attention deficit disorder
    (<DD' Cas not a cause2in2fact or a foreseeaAle cause of attorney4s impulsive and manic Aehavior that
    led to misappropriation of client funds Chile on gamAling spree, though attorney4s e1pert2
    psychiatrists testified that attorney should not have Aeen prescriAed the psychostimulant Aecause of
    his history of aAuse of addictive drugs and psychiatrist ac5noCledged that the use of prescriAed
    psychostimulant Could result in destructive conse3uences if attorney Cas using amphetamines and
    other drugs, Chere attorney had scored high on <DD diagnostic test, attorney did not disclose to
    psychiatrist his current aAuse of amphetamines and other drugs and instead told psychiatrist that he
    had eight years of soAriety Cith one relapse, and psychiatrist Aelieved that the prescriAed
    psychostimulant Cas the only psychostimulant that attorney Cas ta5ing) -)/)C)<), Civil ;ractice N
    +emedies Code K 74)%%"(a'("3') ;rice v) Divita, ##4 *)?)3d 33" (/e1) <pp) 8ouston "st Dist) #%%',
    reh4g overruled, (*ept) #, #%%' and revieC denied, (Ban) "#, #%%7'= ?est4s Gey NumAer Digest,
    8ealth 5&#3("3')
    - 442-
    1
    2
    (ttention deficit disorderD <ttorney failed to shoC a direct causation AetCeen attention deficit
    disorder (<DD' and his misuse of client funds, as Cas re3uired Aefore the mental disaAility could Ae
    considered as a mitigating factor in imposing disciple= attorney4s <DD did not e1plain his loaning
    client funds to other clients Cithout permission, lying to clients, attorneys, and a Eudge aAout client
    funds, or using client funds to ma5e loans and payments for his personal Aenefit) <B< Code of ;rof)
    +esp), D+ "2"%#(<'(3') 7n re 8unter, 79 <)#d "#& (-t) #%%%'= ?est4s Gey NumAer Digest,
    <ttorney and Client 5.3(#')
    <epression and an'ietyD 9edical evidence presented Ay attorney in disciplinary matter
    concerning her depression, an1iety, and unresolved medical condition did not demonstrate that
    attorney4s medical condition caused her to commit misconduct, and thus imposition of lesser penaty
    for misconduct Cas not Carranted, Chere psychologist never offered clear opinion of causality Cith
    respect to maEority of misconduct issues, and attorney had Aeen aAle to maintain and represent other
    clients during period Chen she Cas purportedly suffering from an1iety and depression) 7n re
    Disciplinary ;roceedings <gainst Garlsson, #%%" ?7 "#, 3. N)?)#d 77" (?is) #%%"'= ?est4s Gey
    NumAer Digest, <ttorney and Client 5.3(#')
    0or the +eno City <ttorney $ffice ;rosecutor, Bar Counsel, and various ?CD< DD<s:
    Disciplinary action against attorney for misconduct related to performance of official duties as
    prosecuting attorney, "% <)6)+) 4th %.)
    E;I<ENCE O8 P(NEL'S E;I<ENT P(-TI(LITYD
    Bar Counsel Cas permitted to see5 to have 08( 3 (4!"3!%9 6) @ardner $</' admitted after he
    had concluded his e1amination of (lcano) 8oCever, Coughlin Cas refused the opportunity to as5
    one more 3uestion of Budge Nash 8olmes or (lcano upon the ;anel indicating his time Cas up or
    Coughlin ma5ing an indication similar to Ging4s Chere, Cith (lcano, Ging Qpass(ed' the CitnessY)
    Q))) 9+) G7N@: 7 very much appreciate your testimony and candor) I' pass the !itness,
    M-, ECCE;E--I(D Than" you, Mr, Iing, Mr, Coughin, it's no! //D0/, You ha)e /7 minutes,
    M-, CO+.CLIND Yes, sir, Than" you, 9+) G7N@: 7 apologiIe) 7 meant to have this admitted) Did
    7 lay a proper foundationF 7 Could move for (1hiAit 3 to Ae admitted) 9+) (C8(-(++7<: <ny
    oAEection noC, sirF 9+) C$:@867N: 7 didn4t hear the foundation) 74m sorry) 9+) (C8(-(++7<:
    /he foundation Cas 9r) (lcano attended the hearing, revieCed this order, and determined it to Ae 22
    /his is a true and correct copy of the order that you loo5ed at folloCing the hearingF ;age ""3 /8(
    ?7/N(**: >es) /he one that Cas transmitted to us Ay the Eudge))));age ""4 9+) (C8(-(++7<: 74m
    focused on Chether or not this is a true and correct copy of the order issued Ay Budge @ardner) <nd
    have you determined this to Ae the true and correct copyF /8( ?7/N(**: >es) 7t4s the order 7 relied
    on) 9+) (C8(-(++7<: 7t Cill Ae admitted) ((1hiAit 3 admitted)'9+) (C8(-(++7<: @o ahead,
    9r) Coughlin)Y
    8(<+7N@ 2 -ol) 7, (;ages "#.:"9 to "#7:'
    QJ Did you have a communication Cith me incident to some of these complaints or a complaint, 7
    don4t 5noC if it Cas the /ahoe one or C<<? one or if it Cas +honda or something, in aAout
    Banuary20eAruary #%%9, Cherein you said, you 5noC ChatF 7 as5ed 9aster (dmondson aAout you,
    and I as"ed 9udge .ardner %% might ha)e #een it !as 9udge .ardner #y that point 22 and they
    Aoth gave you thumAs up, or something similar to thatF < No) 7 don4t thin5 you4re characteriIing
    !hat I said correcty) 9+) (C8(-(++7<: >our time has e1pired, 9r) Coughlin) Do you Cant to
    as5 one more 3uestionF 9+) CO+.CLIND Yes, I !oud i"e him to carify as to !here I'm
    amiss there, @hat it is that he might ha)e said) 9+) (C8(-(++7<: @o ahead, if you can, 9r)
    - 443-
    1
    2
    (lcano) /8( ?7/N(**: ;eriodically 7 as5 Eudges hoC our employees are doing, and especially if
    there4s a complaint) <nd some!here eary on or to the midde of Mr, Coughin's empoyment I
    as"ed one or t!o 6udges if he !as doing o"ay, and they said he !as doing o"ay) *o as a result, 7
    did not pursue the complaint of the tCo shelter organiIations) *o 7 stood Ay my employee at that
    time 9+) (C8(-(++7<: <nything further, 9r) GingF M-, CO+.CLIND @as one of those
    6udges, 9udge .ardnerG M-, ECCE;E--I(D Mr, Coughin, your time has e'pired, 9+)
    G7N@: 7 don4t 5noC if the panel has any 3uestions, Aut 7 don4t) 9+) (C8(-(++7<: <ny 3uestions
    from the panel memAersF 9ay 9r) (lcano Ae e1cusedF 9+) G7N@: /han5 you for your time today)
    9+) (C8(-(++7<: Call your ne1t Citness) 9+) G7N@: 74m going to see if 7 can get Budge
    8olmes on the phone)Y
    Coughlin Cas afforeded not opportunity to call Budge Beesley as a Citness in his case in chief,
    despite his e1press desire to do so, given, as Aar counsel indicated, Budge Beesley Cas only availaAle
    AetCeen 9:%%29:3% am and the ;anel4s avoCed, e1pressed indication that the formal hearing Could
    conclude Ay .:3% pm that day, regardless of Chether Coughlin Cas done Cith his case in chief or still
    had relevant, material, admissiAle evidence he sought to put on)
    8(<+7N@ 2 -ol) 7, (;ages #99:3 to 3%":&' Q9+) G7N@: 9r) Coughlin 22 9+)
    (C8(-(++7<: @o ahead, ansCer the 3uestion) @e're running out of time) 9+) G7N@: 22 e1plain
    Chy he didn4t avail himself of +ule ""7) ?e have encouraged him up the ying%yang to get
    treatment, ta5ing advantage of that rule 22 9+) C$:@867N: 7 don4t trust ;at Ging at all) 9+)
    G7N@: ?ould you mind if 7 as5ed a folloC2up 3uestionF 9+) (C8(-(++7<: ;ardon meF 9+)
    G7N@: 9ay 7 as5 a folloC2up 3uestionF 9+) (C8(-(++7<: 7n a minute) 8ave you finished your
    3uestionsF 9*) ;(<+6: >es) <nd 7 than5 you for the ansCers) 9+) C$:@867N: /han5 you) 7
    appreciate it) 9+) G7N@: 9r) Coughlin, did 7 on many occasions, including Cith David Clar5,
    encourage you to read and ta5e advantage of +ule ""7F 9+) C$:@867N: ;at, 7 Eust don4t trust you
    at all) 9+) G7N@: /he 3uestion is did Ce encourage you toF 9+) C$:@867N: 7f you did, ;at, it
    came as nothing more than, hey, ma5e my EoA easy) *ign on this deal) $h, it pauses everything, it
    pauses everything) 7t Cill all come out in the Cash Chen you come Aac5) <nd, ;at, 7 Eust don4t trust
    you, man) 7 don4t) 9+) G7N@: /hat4s o5ay) But Cas Chat Cas said, that it Could pause everything 22
    9+) C$:@867N: No, 7 didn4t say that either, ;at) >ou had your time to prove that, and you didn4t
    use your case for it, and noC you4re not going to use my case to prove that) 9+) G7N@: 9r)
    Coughlin, 7 get to cross2e1amine you) Did 7 as5 you to get treatment 22 9+) CO+.CLIND Can I
    6ust finish my testimony >uic"y #efore %% there's 6ust a coupe things, M-, ECCE;E--I(D
    @e're running out of time, I afforded you in e'cess of 34 minutes, I cautioned you !hen you
    !ere getting cose, I tried to redirect your issue as to ho! you fet a#out the supreme court's
    directi)e for this pane to determine the nature and e'tent of punishment, if any, ?e focused on
    that, It's no! 4:3", according to the State *ar coc", I !oud i"e to gi)e e)ery#ody an
    opportunity to gi)e us a fina argument, I'm going to gi)e Mr, Iing another t!o minutes to
    finish >uestioning you, and then !e' start fina argument, 9+) G(N/: Can Ce ta5e a real 3uic5
    Area5F 9+) (C8(-(++7<: ;ardon meF I thin" !e can if !e're !iing to go #eyond 7D44
    o'coc" to !hate)er #rea" it is, I'm prepared to stay here unti 7D04 or so, is that o"ayF 9+)
    -(667*: >eah) 9+) (C8(-(++7<: Do you have any more 3uestionsF 9+) -(667*: <o you
    !ant to finish your cross%e'amination, or are you doneG M-, IIN.D I'm pro#a#y done) 9+)
    (C8(-(++7<: 6et4s ta5e a 3uic5 Area5) 6et4s come Aac5 at 34 minutes to 7D44, and !e' go unti
    7D/7 Cith final argument) (+ecess ta5en)' 9+) (C8(-(++7<: Bac5 on the record) /he time is no!
    5D54) 74d li5e to noC provide Aoth sides ". minutes for final argument)Y
    - 444-
    1
    2
    0urther, Couglhin Cas not afforded an opportunity to cross2e1amine himself) *o, the *BN
    Cas afforded two different ". minutes segments in Chich to as5 3uestions of Coughlin under oath (in
    the *BN4s calling Coughlin on direct in its case in chief, and in the *BN Aeing afforded the
    opportunity to cross2e1amine Coughlin folloCing Coughlin4s direct e1amination of himself upon
    calling himself in his oCn case in chief)
    8(<+7N@ 2 -ol) 7, (;age 3%":&' Q9+) G7N@: 22 e1plain !hy he didn't a)ai himsef of
    -ue //E) ?e have encouraged him up the ying%yang to get treatment, ta,ing advantage of that
    rule 22Y
    ?hat Ging really means there is he and the $BC continually sought to leverage see5ing
    permanent disAarment of Coughlin via a *C+ "%. Complaint and 08 for alleged +;C violations and
    a *C+ """(' conviction Aoth Clar5 and Ging admit are insufficient to support such a re3uest in order
    to force Couglin into QagreeingY to a Eoint *C+ ""7 ;etition) /hey enlisted Coe *CoAe in the
    scheme, too, Eust li5e ?6*4s (lcano did in having *CoAe call up Coughlin and his family (including
    his father' on several occasions AetCeen <pril #%%9 and the present (including a 4!#7!%9 email from
    (lcano simply indicating: QZach, Call Coe)Y') Bar Counsel continually leveraged the threat of
    disAarment via a *C+ "%. Complaint to force Coughlin into a Eoint *C+ ""7 ;etition to achieve their
    avoCed and e1pressly stated goal of shifting the Aurden of proof onto Coughlin (Chere any
    reinstatement Coughlin Could later see5 (Qafter three or four years, suggested Ging)))even though, for
    6auA!*C+ "#3 comparision purposes, a -egas attorney convicted in a sting operation involving his
    5noCingly engaging in electronic communications of a se1ual nature Cith someone he Aelieve to Ae a
    ". year old girl, and then arranging to and going to meet Cith her, received only a month
    suspension')
    49 <m) Bur) #d 6andlord and /enant K &.. = P ?77, (ttorney's fees L @est's Iey Num#er <igest,
    Landord and Tenant 31/$/5&, 0/4$/&
    B, Landord's Possessory -emedies
    A) *ummary ;ossessory <ctions
    ("' 7n @eneral
    (d' 6andlord4s +ight to Damages
    < Dprevailing partyD is one in Chose favor the decision or verdict is rendered and the Eudgment
    entered)L"M
    < party Cho prevails on a summary2e)iction claim is not entitled to an aCard of attorney4s fees
    Chere there is neither contractual nor statutory authority for an aCard)L#M 7n a numAer of
    Eurisdictions, statutes provide that the prevailing party is entitled to attorney4s fees in e)ictions or
    summary2possessory actions)L.M <n aCard of attorney4s fees is also appropriate Chere there has Aeen
    a Cillful Areach of contract and Chere a lessor is forced to ta5e legal action against its lessee to
    recover possession Chen the lessee improperly holds the lease over after termination)LM
    Both the landlord and the tenant are Dprevailing parties,D for the purposes of a statute that
    provides for an aCard of attorney4s fees to the prevailing party, Chere the trial court finds for the
    tenant on the landlord4s eEectment claim and for the landlord on the tenant4s retaliation claim)L7M
    *imilarly, a trial court may aCard fees to Aoth parties Chere the landlord received a Eudgment for
    possession Aut the tenant prevailed in part Ay oAtaining a reduction in the amount of a utility Aill due
    the landlord)L&M 8oCever, courts have denied attorney4s feesS
    - 445-
    1
    2
    Chere the landlord cancels the lease and Arings an action under the unlaCful2detainer statutes,
    notCithstanding that the lease provided for the recovery of fees)L9M
    Chere the parties entered into a settlement agreement Cith the trial court4s assistance)L "%M
    L0N"M Geal v) Day, "4 $hio <pp) 3d #", #%%.2$hio2...", &4% N)()#d ""39 ("st Dist) 8amilton
    County #%%.')
    L0N#M 8amilton v) ?illiam Calomiris 7nv) Corp), 7nc), 4" <)#d 4 (D)C) "9&3'= *atellite @ateCay
    Communications, 7nc) v) 9usi Dining Car Co), 7nc), ""% N)B) #&%, .4% <)#d "#7 ("9&&'= 82/
    (nterprises v) <ntelope Cree5 Bison +anch, #%%. ND 7", 94 N)?)#d 9" (N)D) #%%.'= City of
    @ahanna v) (astgate ;roperties, 7nc), 3 $hio *t) 3d ., .#" N)()#d &"4 ("9&&')
    L0N3M /ufco, 7nc) v) ;acific (nvironmental Corp), ""3 ;)3d & (<las5a #%%.'= North <ssociates v)
    Bell, "&4 Cal) <pp) 3d &%, ##9 Cal) +ptr) 3%. ("st Dist) "9&'= 7ntegra 0inancial, 7nc) v) @rynAerg
    ;etroleum Co), 74 ;)3d 347 (Colo) Ct) <pp) #%%#' (recogniIing the rule'= 8ardCic5, Coo5 N Co) v)
    3379 ;eachtree, 6td), "&4 @a) <pp) &##, 33 *)()#d 3" ("9&7'= *hip5a v) 7nserra, #"" 7ll) <pp) 3d
    73., ". 7ll) Dec) "#&, .7% N)()#d %4 ("st Dist) "99"'= Borne v) ?ilander, .%9 *o) #d .7# (6a) Ct)
    <pp) 3d Cir) "9&7'= Bay ;ar5 $ne Co) v) CrosAy, "%9 9isc) #d 47, 44# N)>)*)#d &37 (<pp) /erm
    "9&"'= Geal v) Day, "4 $hio <pp) 3d #", #%%.2$hio2...", &4% N)()#d ""39 ("st Dist) 8amilton
    County #%%.'= Desmarais v) /he *tayers, 7nc), "&# $r) <pp) 33&, ." ;)3d " (#%%#'= 9 8 # Co) v)
    8Cang, "%4 ?ash) <pp) &%, " ;)3d "#7# (Div) 3 #%%"')
    L0N4M CamelAac5 ;laIa Development, 6)C) v) 8ard +oc5 Cafe 7ntern) (;hoeni1', 7nc), #%% <riI) #%,
    #. ;)3d & (Ct) <pp) Div) " #%%"')
    L0N.M *to5us v) 9arsh, #"7 Cal) <pp) 3d 47, # Cal) +ptr) 9% ("st Dist) "99%'= 7ntegra 0inancial,
    7nc) v) @rynAerg ;etroleum Co), 74 ;)3d 347 (Colo) Ct) <pp) #%%#'= 9atus5o v) @ourlay, #9 9ass)
    <pp) Ct) 9, .% N)()#d 7#4 ("99%'= /)?)7)?), 7nc) v) +hudy, 9 N)9) 3.4, 3% ;)#d 7.3 ("9&"'=
    8aAerman v) ?assAerg, "3" <)D)#d 33", ." N)>)*)#d 9#. ("st Dep4t "9&7'= 7Cenofu v) Consolidated
    9anagement, 7nc), 49 $hio <pp) 3d 33, ..% N)()#d .%. (&th Dist) Cuyahoga County "9&&'= $a5leaf
    9oAile 8ome ;ar5 v) 9ancilla, "&9 $r) <pp) 4.&, 7. ;)3d 9%& (#%%3', revieC denied, 33 $r) 37,
    &4 ;)3d "%&% (#%%4'= ;hillips v) 8ardCic5, #9 ?ash) <pp) 3&#, #& ;)#d .% (Div) " "9&"')
    L0NM ?ellman v) (nergy +esources, 7nc), #"% ?) -a) #%%, ..7 *)()#d #.4 (#%%"')
    L0N7M BarloC /rail 9oAile 8ome ;ar5 v) Dunham, "&9 $r) <pp) ."3, 7 ;)3d ""4 (#%%3')
    L0N&M Chang v) 6ouis N <le1ander, 7nc), 4. <)#d """% (D)C) "994' (the lease entitled the prevailing
    party to recovery of any and all reasonaAle e1penses in the event
    of any Areach or threatened Areach)' L0N9M 6incoln 0inancial Corp) v) 0errier, .7 ;)#d ""%#
    (:tah "977') L0N"%M Bo1er 9a1 Corp) v) Cane <) *ucre, 7nc), 9%. *o) #d 9" (0la) Dist) Ct) <pp)
    3d Dist) #%%.' (court had aCarded H",&%% in damages')
    L0N""M 8ousing <uthority of City of ;asco and 0ran5lin County v) ;leasant, "# ?ash) <pp)
    3&#, "%9 ;)3d 4## (Div) 3 #%%.') L0N"#M $a5leaf 9oAile 8ome ;ar5 v) 9ancilla, "&9 $r)
    <pp) 4.&, 7. ;)3d 9%& (#%%3'
    - 446-
    1
    2
    , revieC denied, 33 $r) 37, &4 ;)3d "%&% (#%%4')
    L0N"3M $a5leaf 9oAile 8ome ;ar5 v) 9ancilla, "&9 $r) <pp) 4.&, 7. ;)3d 9%& (#%%3' ,
    revieC denied, 33 $r) 37, &4 ;)3d "%&% (#%%4') L0N"4M *hipley v) 9aEor, 44 <)#d .4%
    (9un) Ct) <pp) D)C) "94.' (the lease provides
    for the tenant4s payment of attorney4s fees in the event of the tenant4s default')
    L0N".M DaCson v) /emanson, "%7 ;)3d &9# (<las5a #%%.')
    P /B?/, (ttorney's feesL 73* C,9,S, Landord U Tenant P /B?/ <n outcome not suAstantially
    favoraAle to either side precludes aCarding attorney4s fees to either side)L7M
    Consideration of an attorney4s fees aCard may Ae deemed inappropriate Ay the nature of a
    summary possessory proceeding that is designed to achieve e1pedited results, particularly in the face
    of comple1 factual in3uiries needed to resolve the fee matter)L&M (N$/(: page 37 of 7 3" "#
    N+C;%(A'(4' *et <side 9otion Ay Coughlin'
    *asis of itigation on ease is determinati)e
    /he relief aCarded is not determinative of Chether fees are proper, as the 3uestion turns on
    Chether the summary proceedings involve a Areach of the lease, under the applicaAle statute)
    N)>)SBerulee Co) v) *ancheI, 43 <)D)3d 3#&, &4" N)>)*)#d #4# ("st Dep4t #%%7')
    L0NM N)>)S0ragiacomo v) ;ugliese, "" 9isc) 3d 9, &" N)>)*)#d &# (<pp) /erm #%%')
    -e>uires pre)aiing 6udgment on merits
    N)>)S<cierno v) 0aldich, 4 9isc) 3d 9&, 7&# N)>)*)#d .%9 (<pp) /erm #%%4')
    L0N7M N)>)S 3392347 () "#th *t) 66C v) 6ing, 3" 9isc) 3d 4&, 9#" N)>)*)#d 7&" (<pp) /erm
    #%""') L0N&M 9d)S6aC $ffices of /aiCo <gAaEe, ;)C) v) B68 ;roperties, 77, 66C, "9 9d)
    <pp) 3.., 9%" <)#d #49 (#%%') L0N9M N)>)S*ta5ser v) +odri3ueI, #3 9isc) #d 9.4, #%%
    N)>)*)#d 47. (<pp) /erm
    "9%')
    No statute for fees in summary e)iction
    N)D)S82/ (nterprises v) <ntelope Cree5 Bison +anch, #%%. ND 7", 94 N)?)#d 9"
    (N)D) #%%.')
    L0N3M Cal)SCarter v) Cohen, "&& Cal) <pp) 4th "%3&, "" Cal) +ptr) 3d 3%3 (#d Dist) #%"%')
    - 447-
    1
    2
    L0N4M Cal)SCarter v) Cohen, "&& Cal) <pp) 4th "%3&, "" Cal) +ptr) 3d 3%3 (#d Dist) #%"%')
    Conn)S CaraAetta 9anagement Co) v) 9artin, .% Conn) 6) +ptr) &%", #%"% ?6 3"9474% (Conn)
    *uper) Ct) #%"%' (fees to prevailing tenant')
    @in on technicaity is not pre)aiing
    N)>)S Beach 8aven <partments No) " 7nc) v) CheseAorough, # 9isc) 3d 33, 773 N)>)*)#d 77. (<pp)
    /erm #%%3'
    No statute for fees in summary e)iction
    N)D)S82/ (nterprises v) <ntelope Cree5 Bison +anch, #%%. ND 7", 94 N)?)#d 9"
    (N)D) #%%.')
    L0N3M Cal)SCarter v) Cohen, "&& Cal) <pp) 4th "%3&, "" Cal) +ptr) 3d 3%3 (#d Dist) #%"%')
    L0N4M Cal)SCarter v) Cohen, "&& Cal) <pp) 4th "%3&, "" Cal) +ptr) 3d 3%3 (#d Dist) #%"%')
    Conn)S CaraAetta 9anagement Co) v) 9artin, .% Conn) 6) +ptr) &%", #%"% ?6 3"9474% (Conn)
    *uper) Ct) #%"%' (fees to prevailing tenant')
    @in on technicaity is not pre)aiing
    N)>)S Beach 8aven <partments No) " 7nc) v) CheseAorough, # 9isc) 3d 33, 773 N)>)*)#d 77. (<pp)
    /erm #%%3'
    N+C; ". alloCed for Coughlin to file supplemental or amended 9otions to Dismis,
    providing authority that alloCs for treating a 9otion to Dismiss that may have Caived or failed to
    preserve certain defense pursuant to N+C; "#(h', assuming such is applicaAle under *C+ "%.(4', and
    *C+ ""9(3' (not that NNDB puAlishes any such rules or responds to in3uiries for the same Ay
    Coughlin')
    <+E P-OCESS ;IOL(TION @CE-E P(NEL 8(ILE< TO .-(NT CONTIN+(NCED
    Commission on 6aCyer Conduct a#used its discretion in denying re>uest of $ffice of
    Disciplinary Counsel ($DC' for a continuance to o#tain and present e)idence to re#ut surprise
    e)idence of ac" of harm to cients presented #y attorney at hearing to determine appropriate
    sanction to Ae imposed on him for his misconduct in connection Cith eight criminal client matters,
    as mitigating testimony regarding ultimate outcome of clients4 cases touched on more suAstantive
    matters than the usual mitigation testimony regarding an attorney4s character and personal situation,
    such that it should have Aeen considered in conEunction Cith reAuttal evidence shoCing actual harm
    to clients) In re Stur"ey, 37 *)C) #&, .7 *)()#d 4. (#%%&')
    /he *BN4s &!#3!"# Complaint reads:
    Q) During the trial (in ##"7 Aefore +9C Budge 8oCard' +espondent4s conduct !as so
    disrupti)e that Budge 8oCard found +espondent in direct contempt of Court and sentenced
    him to serve three (3' days in *ee (1hiAit #)))
    - 448-
    1
    2
    #7) In ight of the forgoing +espondent violated +;C ")" (Competence'= +;C ")#
    (Diligence'= +;C 3) " (9eritorious Claims and Contentions': +;C 3)3 (Candor to the
    /riAunal': +;C 3)4 (0airness to $pposing ;arty and Counsel'= +;C 3). (7mpartiality and
    <ecorum of the Tri#una'= +;C 4) " (/ruthfulness in *tatements to $thers': +;C 4)4
    (+espect for the +ights of /hird ;ersons'= +;C .< (sic' (+elations Cith $pposing Counsel'=
    +;C &)" (Disciplinary 9atters'= +;C &)# (9udicia and Lega Officias'= and +;C &)4
    (9isconduct') Y
    Bar Counsel Ging4s Complaint, in alleging an unenumerated numAer of violations of "#
    different +;C4s (and, to Chatever e1tent the various suAsections of those +;C4s is considered to
    evo5e a different allegation, one may arguaAly Aring that count up ". different +;C4s considering that
    Ging4s Complaint at para) " therein 3uotes from the 3!"#!"# $rder Ay Budge 8olmes that misstates
    the suAsection numAer of +;C 3)4 to Chich the language therafter 3uoted is from (3)4(c' versus
    3)4(e'= and further, that 3uote alleges a violation of +;C 3)# (though, arguaAly, Ging4s para #7 in his
    &!#3!"# Complaint should estop him from asserting such an allegations and the "#!"4!"# 0$0C$6
    fails to identify +;C 3)# ((1pediting 6itigation' as an allegation to Chich it attach its trier of fact
    role, thereAy supporting the position that such 3uoting of that 3!"#!"# $rder Ay Budge 8olmes in
    Ging4s Complaint is not tantamount to putting Coughlin on notice that such is Aeing plead, Aut rather,
    that Coughlin is entitled to rely upon those allegations specifically set forth in para) #7 of Ging4s
    Complaint (though the lac5 of any identifcation of which suAsections of each +;C cited therein is
    supportive of Coughlin4s contentions Cithin his 9otion4s to Dismiss, Chich arguaAly may Ae vieCed
    to Ae tantamount to a 9otion for 9ore Definite *tatement'= further, Chereas Aoth the 3uotation from
    Budge 8olmes $rder (08(.' at para " of Ging4s Complaint and para #7 therein invo5e +Y;C ")#
    (Diligence'Y, Coughlin Cas further preEudiced Ay Aeing forced to prepare for and defend against
    allegations of violating Aoth +;C ")# and ")3 (+;C ")# is Q*cope of +epresentation and <llocation of
    <uthority BetCeen Client and 6aCyerY, and +;C ")3 is QDiligenceY', and Ging4s oCn 08(" contains
    the entire te1t of +;C ")# and fails to contain any of +;C ")3, Chereas the 0$0C$6 continues on
    Cith Ging and Budge 8olmes mismatching +;C ")# Ay failing to identify such correctly, Chere the
    0$0C$6 reads: Q(#' ?hether Coughlin violated -PC /,3 $<iigence&Y)
    Chairman *usich4s 7!#7!"# Critten correspondence to Coughlin and the response from ;anel
    Chair (cheverria upon Coughlin see5ing a ;re28earing Conference such as that e1pressed in *C+
    """(' (Q*C+ """(')ZZ;rehearing conference,JJ(t the discretion of the chair, a prehearing
    conference may #e ordered for the purpose of o#taining admissions or other!ise narro!ing the
    issues presented #y the peadings) /he conference may Ae held Aefore the chair or the chairRs
    designee)Y'
    :SuAEect: +(: referral to Northern Nevada Disciplinary Board 0rom: /om
    *usich (tsusich`nvdetr)org' *ent: 0ri 7!#7!"# &:.& <9 /o: 4Zach Coughlin4
    (Iachcoughlin`hotmail)com' Cc: 4;atric5G`nvAar)org4 (;atric5G`nvAar)org'
    Dear 9) Coughlin: 7 am in receipt of your re3uest for a hearing Aefore the
    Northern Nevada Disciplinary Board) 7 have forCarded your re3uest to the
    Nevada *tate Bar4s Northern $ffice for processing) Pease communicate
    directy !ith the State *ar concerning your case) /hey are the ones Cho
    Cill process your re3uest and set up any appropriate hearings) If you ha)e
    >uestions you can contact Pat Iing, the Northern Ne)ada *ar Counse,
    *incerely, B) /homas *usich, (s3)Y
    - 449-
    1
    2
    0urther, upon Coughlin folloCing Bar Counsel Ging4s direction on ""!#!"# and placing a call
    to Chair (cheverria see5ing such a *C+ """(' ;re28earing Conference and to in3uire regarding
    other issues, Coughlin reAuffed Ay (cheverria4s $ffice and told not to communicate Cith them in an
    ""!#!"# voicemail) *o, Bar Counsel Ging necessarily Cas aAle to achieve an impermissiAle
    advantage Ay ta5ing his Q5itchen sin5Y pleading approach to the rather slapdash crafting of his
    &!#3!"# Complaint (the paragraph numAering therein s5ips from "9 to #., para #7 mentions a non2
    e1istent +;C (Q+;C .<'= and that is to say nothing of all the preEudicial, irrelevant, unsupported,
    material contained in Bar Counsel4s DoC*o(, including mentions of the *BN4s Custodian of
    +ecords Chere Coughlin had no disciplinary history Chatsoever, mentions of Competency
    (valuations (and really, the entire ""!"4!"# 08 seemed to suffer from an identity crisis, Aelieving
    itself to Ae an *C+ ""7 8earing, though such Cas not noticed, Cith +;C ")" Aeing mista5en as a
    stand in for an *C+ ""7 analysis, Cith all of the Bar4s four Citnesses offering testimony that clearly
    confuses the tCo, Cith little help from Ging in ma5ing the distinction given the imprecise 3uestions
    as5ed, and Chere, in some instances, Ging4s oCn 3uestions Cere phrased in a manner that clearly
    invo5ed an *C+ ""7 analysis to the e1clusion of any +;C ")" in3uiry) /his Q5itchen sin5Y pleading
    style prosecutorial largesse must not stand, and itself evidences a disregard for +;C 3)" and 3)&, &)")
    7ndeed, +;C &)" applies to Bar Counsel4s condut as Cell Chere it reads:
    Q+uleZ&)")ZZBar <dmission and Disciplinary 9atters)))) a a!yer in
    connection !ith ,,, a discipinary matter, shall not: (a'ZGnoCingly ma5e a
    false statement of material fact= or (A'Z8ai to discose a fact necessary to
    correct a misapprehension "no!n #y the person to ha)e arisen in the
    matter)))Y
    8oC it is Ging could possiAly Ae said to have not violated those portions +;C &)" himself,
    particularly Cith regard to his asserting that 08(3 Cas a certified copy Chen it Cas not, his offering
    the very &!#3!"# <ffidavit of 9ailing that he 5noCs Cler5 of Court ;eters communicated to
    Coughlin Could never Ae held out as effecting service under *C+ "%9 given ;eters e1press
    indications to Coughlin on 9!""!"#= that ;eters Could mail out another certified mailing of the
    Complaint on 9!"#!"#, that no Notice of 7ntent to ta5e Default Could Ae sent until such second
    certified mailing of the &!#3!"# Complaint Cas returned to sender unclaimed (and that such a
    N$7//D as a mandatory part of the procedures attendant to any default Aeing entered', that
    Coughlin Could not Ae re3uired to pay suApoena fees in light of his indigency (Chere ;eters held
    herself out as having the authority to communicate such pronouncements and procedural rules to
    Coughlin, and Coughlin reasonaAly relied thereupon
    vi
    '= and Chere Ging failed to oCn up to the fact
    that the "%!9!"# N$7/;DB Cas not QservedY on Coughlin, as Ging, Cler5 of Court ;eters, and the
    *BNYs oCn negligence in placing insufficient postage on that filing (and the Certificate of *ervice
    Ay 9ail attached thereto QcertifiesY Cas Qdeposited postage fuy pre%paid by certified mail,
    addressed to)))Y', Chich Cas sent via only one method (despite Coughlin4s numerous re3uests that
    the *BN copy him on such Ay fa1 and or email, and the legitimate rationale Coughlin proferred in
    support of such a re3uest', especially Chere Ging continued to hold out the ) his failing to disclose
    to the ;anel the e1press pronouncement of NNDB *usich4s ruling (Ay Cay of Chief Bar Counsel
    Clar5 in light of *usich4s 7!#7!"# email and the various tactics Ay Bar Counsel!NNDB!;anel to
    dissuade Coughlin from accessing the procedural protections afforded him under the laC in such
    matters' under *C+ ""%, assisting ;anel Chair (cheverria and other ;anel 9emAers in violating the
    laC incident to (cheverria4s failing to folloC *C+ ""%(3',(4':
    - 450-
    1
    2
    Q)))3)Z(ttachment of person for faiure to o#ey su#poena or produce
    documents)ZZ?henever any person suApoenaed to appear and give testimony
    or to produce Aoo5s, papers, or other documents as re3uired Ay suApoena, or
    re3uested to provide documents pursuant to +ule 7&).("'(A', refuses to appear
    or testify Aefore a hearing panel, or to ansCer any pertinent or proper
    3uestions, or to provide the re3uested documents, that person shall Ae deemed
    in contempt of the disciplinary Aoard, and the chair of the disciplinary Aoard
    shall report the fact to a district Eudge of the county in Chich the hearing is
    Aeing held or the investigation conducted) /he district court shall promptly
    issue an attachment in the form usual in the court, directed to the sheriff of the
    county, commanding the sheriff to attach such person and Aring such person
    forthCith Aefore the court) $n the return of the attachment, and the production
    of the person attached, the district court shall have Eurisdiction of the matter=
    and the person charged may purge himself or herself of the contempt in the
    same Cay, and the same proceedings shall Ae had, and the same penaties may
    Ae imposed, and the same punishment inflicted as in the case of a Citness
    suApoenaed to appear and give evidence on the trial of a civil cause Aefore a
    district court of the *tate of Nevada)
    4)ZZContest of su#poena)ZZ< contest of a suApoena shall Ae heard and
    determined Ay the chair of the appropriate disciplinary #oard)Y
    <nd hoC is it the very same arguments and citations that Chair (cheverria relied on in
    granting Ging4s tCo ""!#!"# 9otions to Juash Coughlin4s *uApoenas (such $rder is void under
    N+C; %(A'(4' for lac5 of Eurisdiction Chere NNDB Chair *usich has Eurisdiction under *C+
    """(4' to hear such Qcontest of a suApoenaY)
    6ehman v) *tate,7#7 *)?)#d ., .& (/e1)<pp)S 8ouston L"st Dist)M "9&7', aff4d,79#
    *)?)#d &# (/e1)Crim)<pp)"99%': Q< prosecutor is not free to put unfounded allegations in an
    indictment in the hope that a plenitude of accusations Cill ma5e the defendant loo5 li5e a criminal)
    +ule 3)%9 of the /e1as Disciplinary +ules of ;rofessional Conduct re3uire LsicM him to Drefrain from
    prosecuting or threatening to prosecute a charge that LheM 5noCs is not supported Ay proAaAle cause)D
    *ee Nevada +;C 3)&)
    /he "#!"4!"# 0$0C$6 reads: Q<ugust #3, #%"#')
    4) Coughlin4s c onduct during the tria of the petit larceny case (##7"' on NovemAer
    3%, #%"", in Chich Coughlin appeared in propria persona, Cas so disruptive that Budge 8oCard found
    Coughlin in direct contempt of court and sentenced him to Eail that same day to Ae relea
    sed on DecemAer 3, #%"" at &:%% ;9) 9udge Co!ard specificay found Coughin's conduct to #e
    disordery and !as either contemptuous or #eha)ior insoent to!ard the 6udge in that Coughlin
    refused:
    D))) to oAey directives of the Budge, continuing lines of in3uiry after Aeing advised Ay
    the Court to refrain from doing so= demeaning the Court Cith statements such as
    D?$?D in response to court rulings= laughing during testimony and further
    3uestioning the court and its authority)D
    - 451-
    1
    2
    *ee 8earing (1hiAit "" $+D(+ 0$+ *:99<+> ;:N7*89(N/ $0 C$N/(9;/
    C$997//(D 7N /8( 799(D7</( -7(? <ND ;+(*(NC( $0 /8( C$:+/, NovemAer 3%,
    #%"" (N$/(: that $*;CC7-;C Cas attachd as (1hiAit # to the &!#3!"# Complaint, though that
    Complaint lac5s any of the language this Court relied upon from the 9irch Complaint in 49#"#,
    sufficient to find that the &!#3!"# Complaint Ay Ging fulfilled the re3uirements of *C+ "%.(#'(c' as
    to any alleged +;C violation Ay Coughlin incident to +9C Budge 8oCard4s ""!3%!"# $*;CC7-;C,
    particularly Chere such Complaint failed to 3uote any specific language from that $rder, Chile, as to
    other $rders at issue in this matter (such as the 4!"3!%9 $</ in %""&', the &!#3!"# did, in fact,
    specifically 3uote langauge therefrom therein)
    6auA alloCs for pointing to *BN Bar Counsel Clar54s +eply Brief in 49#"# at page 7:
    D+espondent4s first issue is that the *tate Bar failed to give +espondent cear notice of the conduct
    !hich constituted a )ioation of *C+ "7%, the Compaint simpy incorporating the 8indings and
    Order ,,, the Complaint is Dcear and specificD in that it alleges that +espondent violated *C+ "7%
    (9eritorious claims and contentions'D)))(page 7, line #%2#3': D0urther, the Compaint notifies
    -espondent that the State *ar is adopting and incorporating the factua and ega findings
    made ,,, in his $rder))) in that caseD)
    0urther, another salient difference distinguishing this matter even further is that, in 49#"#,
    the +espondent Cas accused of violating one +;C (+;C 3)"', and the Complaint therein specifically
    attached the rule alleged violated to the specific Qfactual and legal findingsY that such Complaint
    actually and e6pressly indicated it Cas Qadopting and incorporatingY) <dditionally, that ""!3%!""
    $*;C here is a scant one and half pages of Qchec5 the Ao1Y style Eurisprudence, that failed to
    identify anything more that a handCritten Qsee Court recordY in the Alan5 lines the form $rder
    provided in for a response to the folloCing: Q/he Contemnor, Chen as5ed if he had anythign to say
    as to Chy sentence should not Ae pronounce, replied: see Court +ecord)Y <ctually, Coughlin made
    an elegant, respectful, and thoughful plea to Budge 8oCard at such time, focusing mostly on
    Coughlin4s desire to oAtain at least a minor stay of the imposition of such summary punishment to
    afford Coughlin a legitimate opprotunity to arrange for the avoidance of any preEudice to Coughlin4s
    client4s affairs due to such rather une1pected summary incarceration, particularly Chere Budge
    8oCard has previously Eustified his failure to accord Coughlin court appointed counsel, despite
    Coughlin4s suAmitting a sCorn Declaration of 7ndigency and <pplication for Counsel in a timely
    fashion Chich attested that Coughlin4s income levels Cere, per se, loC enough to 3ualify for such
    appointed counsel, pursuant to this Court4s 7ndigent Defense $rder of #%%&)
    <dditionally, it is of note that the ""!3%!"" $*;C identifies Coughlin as folloCs:
    Q?8(+(<*, on the 3%
    th
    day of NovemAer, #%"", the aAove named defendant appeared Aefore this
    court) N<9(: Z<C8(+> (sic' C$:@867N, Cho is a D(0(ND<N/Y) <s such, Budge 8oCard
    specifically and e1pressly ruled that his $*;C applied to Coughlin as a defendant rather than in any
    professional capacity invo5ing the +;C, or as an attorney Chom had never tried a single criminal
    case or even Cor5ed on one forced to self represent in a petty larceny prosecution, especially Chere
    even a single continuance Cas granted to such defendant and Chere a multitude of ancillary
    consideration augered strongly to granting such, including the application of an unlaCful rent
    distraint Ay 8ill as to e1culpatory materials (li5e the receipt for the H&3)&# Corth of groceries
    Coughlin purchased immediately Aefore ?al29art4s 6oss ;revention <ssociate as5ed Coughlin if he
    could as5 him some 3uestion (ie, as testified to under oath Ay that <ssociate and Aoth +*7C $fficers,
    there Cas no QcitiIen4s arrestY conducted upon Coughlin, and, therefore, the +*7C violated N+*
    "7")"#.. in suAEecting Coughlin to a custodial arrest and search incident thereto in connection Cith
    - 452-
    1
    2
    an alleged misdemeanor violation') *uch receipt, as later shoCn in %&3&, clearly estaAlished that
    the :;C for the Duract Cough 9elts Coughlin is accused of having ingested lethal levals of
    (containing De1tromethorphan, a potent dissociative at such levels' Cas, in fact, included on that
    receipt, thereAy e1pressly contradicting the e1press testimony Ay Aoth ?al29art4s <; <ssociate and
    the +*7C $fficers':
    0urther, 8ill4s application of such a unlaCful rent distraint ma5es +9C Budge 8oCard4s
    refusal to grant a continuance reversiAle error (and indicative of a patent lac5 of due process incident
    to that proceeding sufficient to invo5e ClaiAorne, and, Ay analogy, *C+ ""4 and 37 C0+ "")#.(c''
    videos and audio Cithheld Ay 8ill (revealing an e1press threat to aAuse process Ay ?al29art4s <;
    *taff made to Coughlin on 7!"%!"" incident to Coughlin4s involvement in the production of a
    documentary film detailing the e1tent to Chich mega2retailer ?al29art has Aeen aAle to estaAlish a
    near monopoly in its mar5et segment, in large part, due to the application of an e1tremely liAeral
    +eturn ;olicy, Chich ?al29art4s personnel and managers convieniently seem to QforgetY or Qget
    confused aAoutY in those instances Chere it Could Ae advantageous for them to do so (ie, large tic5et
    items, etc)' incident to a then stale e)iction order Chere the loc5out Cas conducted too early in light
    of the QCithin #4 hoursY re3uirement of N+* 4%)#.3 (Chich, every County in Nevada other than
    ?ashoe, it seems, it interpreted to mean the *heriff or ConstaAle must post the #4 hour loc52out
    $rder on the tenant4s door, and return to effectuate the loc5out no feCer than #4 hours later), Canon
    #)"., or otherCise (indeed, the +9C failed to even report the petty larceny conviction or the
    ""!3%!"" $*;C to the *BN')
    ?hile Nevada is a notice2pleading state and pleadings should Ae liAerally construed to alloC
    issues that are fairly noticed to the adverse party, a party is entitled to rely upon a demonstrated
    narroCing of the allegations and issues in dispute Chere, as here, the Complaint does Eust that)
    6angevin v) >or5, """ Nev) "4&", "4&3, 9%7 ;)#d 9&", 9&# ("99.'= Nevada *tate Ban5 v) Bamison
    0amily ;artnership, "% Nev) 79#, &%", &%" ;)#d "377, "3&3 ("99%') /
    http:!!CCC)leg)state)nv)us!N+*! :Y/<B6( $0 /7/6(* <ND C8<;/(+*= N(-<D< +(-7*(D
    */</:/(*= /7/6( #SCI;IL P-(CTICE= CC(PTE- 33 % C$N/(9;/*Y
    QN+*Z##)%3%ZZ*ummary punishment of contempt committed in immediate vieC and
    presence of court= affidavit or statement to Ae filed Chen contempt committed outside
    immediate vieC and presence of court= dis3ualification of Eudge)
    ")ZZ7f a contempt is committed in the immediate vieC and presence of the court or Eudge
    at chamAers, the contempt may Ae punished summarily) 7f the court or Eudge summarily
    punishes a person for a contempt pursuant to this suAsection, the court or Eudge shall enter an
    order that:
    (a'Z+ecites the facts constituting the contempt in the immediate vieC and presence of the
    court or Eudge=
    (A'Z0inds the person guilty of the contempt= and
    (c'Z;rescriAes the punishment for the contempt)))Y
    /he ""!3%!"" Q$+D(+ 0$+ *:99<+> ;:N7*89(N/ $0 C$N/(9;/ C$997//(D
    7N /8( 799(D7</( -7(? <ND ;+(*(NC( $0 /8( C$:+/Y in ##"7 Ay +9C Budge
    8oCard reads:
    - 453-
    1
    2
    Q?8(+(<* N+* ##)%3% declares that Chen a contempt is committed in the immediate vieC
    and presence of the Court or Eudge at chamAers, it may Ae punished summarily, for Chich an order
    shall Ae made, reciting the facts as occurring in such immediate vieC and presence, adEudging that
    the person proceeded against is thereAy guilty of a contempt and that he!she Ae punished as therein
    prescriAed, and ?8(+(<*, on the 3%th day of NovemAer, #%"", the aAove named defendant
    appeared Aefore this court) N<9(: Z<C8(+> C$:@867N, Cho is a D(0(ND<N/
    [[ ;arty= ?itness= *pectator, and
    ?8(+(<* such individual committed the folloCing act(s' in the immediate vieC and
    presence of the Court:
    [[ (C8(CG(D' [[[[[[ <isordery, contemptuous or insoent #eha)ior to!ard the 6udge !hie
    he is hoding court, or engaged in his 6udicia duties at cham#ers,
    < Areach of the peace, Aoisterous conduct or violent disturAance in the presence of the Court,
    or in its immediate vicinity, tending to interrupt due to the course of the trial or other Eudicial
    proceeding,
    [[[(N$/ C8(CG(D'[[[ +efusing to Ae sCorn or ansCer as a Citness
    [[[(N$/ C8(CG(D'[[[ DisoAeying a laCful Crit!order!rule!process issued Ay the Court!Eudge at
    chamAers, and @CE-E(S such conductD
    [[(N$/ C8(CG(D' [[ Demeaned the Court
    [[ (N$/ C8(CG(D'[[ Derogated the authority of the Court
    [[ (C8(CG(D' [[[[[[ 7nterfered Cith the orderly administration of Eustice and re3uired immediate
    vindication Ay the Court to preserve order and respect)
    Based upon the aAove finding Z<C8<+>C$:@867N is @uilty of Direct Contempt) /he
    Contemnor, Chen as5ed if he had anything to say as to Chy sentence should not Ae pronounced,
    replied: (in handCriting' *ee Court +ecord) /herefore, 7/ 7* 8(+(B> $+D(+(D, <DB:D@(D,
    and D(C+((D that the contemnor is hereAy sentenced to the folloCing punishment:
    [[ (N$/ C8(CG(D'[[ < fine in the amount of (H.%% or less')
    [[ (C8(CG(D' [[[[[[ 7mprisonment for (#. days or less', N$ <6/(+N</7-( *(N/(NC7N@)))
    D(0(ND<N/ /$ B( +(6(<*(D on "#!3!"" at & pm D</(D this 3%th day of NovemAer, #%""
    G(NN(/8 +) 8$?<+D, B:D@(, +eno 9unicipal CourtD
    7 t is very important
    to note the colon in the folloCing from that $*;C and the fact that the Alan5 for the designation
    immediately preeeding it is not chec5ed) (specially Chere a 9unicipal Court $rder is noC Aeing
    asserted as conclusive proof of multiple violations of the +ules of ;rofessional Conduct sufficient to
    Eustify permanently disAarring an attorney and therefore ta5ing from him his protected, 0ourteenth
    <mendment property right, such $rder must Ae ta5en as it is, for Chat it indicates, e1pressly and
    specifically, good or Aad, and Ae suAEect to any inadvertence or carelessness that may have attached
    to the Eudicial assistant, er, Budge4s rendering of the $rder as entered) <s such, the failure to chec5
    the Alan5 in this $rder 0orm preceding the folloCing phrase:
    - 454-
    1
    2
    Q[[(N$/ C8(CG(D'[[[ /isobeying a lawful writAorderAruleAprocess issued by the &ourtAFudge at
    chambers, and 4>"R"A# such conductQ
    [[(this Alan5, noticeaAly and importantly, Cas N$/ C8(CG(D' [ Demeaned the CourtY
    NoC, ironically, it is the *BN4s Ging Chom must have applied to him the very authority
    accepted Ay ;anel Chair (cheverria in @ranting Ging4s ""!#!"# 9otion to Juash the *upoenas :pon
    +9C Budges Chere Budge 8oCard may not noC (especially do to principles of douAle Eeopardy and
    laches' see5 to modify his ""!3%!"" $*;C Ay inserting a chec5 in a Alan5 Chere previously there Cas
    none) /he $rder must stand as it is, and, as such, that $;*C provides &oughlin conclusive proof (res
    Eudicata, collateral estoppel' that Coughlin did not Derogated the authority of the CourtY or
    Q7nterfered Cith the orderly administration of Eustice and re3uired immediate vindication Ay the Court
    to preserve order and respectY sufficient for +9C Budge 8oCard to ma5e a finding of fact or
    conclusion of laC, much less and order, that Coughlin can Ae said to have Aeen adEudged to have Aeen
    adEudged to have violated N+* ##)%"%(#' (all of N+* ## relates to civil contempt statutes, and
    therefore no order related thereto comes Cithin the purvieC of *C+ """(.' (despite Bar Counsel
    Ging4s constant assertions and pleading to the contrary, Chich, itself, is arguaAly a violation of +;C
    3)", 3)#, 3)3, and 3)4, 4)" (the +9C Budges and +C<', &)", &)#, and &)4)))and also, perhaps, +;C 4)#
    to the e1tent 7n +e *chaefer Could have a pro se attorney have +;C 4)# applied against him Chere
    such pro se attorney contacts a represented party, turnaAout Aeing fairplay, Ging4s contacting a self
    representing Coughlin here, then, arguaAly is tantamount to Ging violating +;C 4)# Chere Ging
    communicated Cith Coughlin in Coughlin4s role as a client to himself) $therCise, DD< ?atts2-ial4s
    interpretation of things, in his ""!"3!"# fa1ed oAEections to Coughlin4s suApoena, Cherein he asserts
    that Coughlin4s QadmissionY that his laC license in Nevada is suspended (though, it may Ae that,
    given Coughlin4s :*;/$ laC license is not presently suspended, Coughlin is entitled to issue
    suApoenas to Chomever he chooses incident thereto' necessarily means that, under N+C; 4.(a'(3',
    the suApoenas Coughlin had served that Cere not issued Ay the *BN4s Cler5 of Court need not Ae
    oAeyed or responded to) /his, despite the fact that it is not at all clear that N+C; 4. is even
    applicaAle in disciplinary matters, nor that, even Cere it applicaAle, the facts of these particular
    circumstances auger for an application such as the one suggested Ay ?CD< DD< ?atts2-ial,
    particularly given Chairman *usich4s 7!#7!"# Critten correspondence to Coughlin, and the import of
    such communication Chen considering the e1press declaration made Ay Bar Counsel Ging to
    Coughlin on "%!".!"# that Ging had confirmed Cith Chief Bar Counsel David Clar5 that Coughlin,
    as a +espondent, even Chere temporarily suspended, may, in fact, issue his oCn suApoenas, and
    further Chere considering that the *BN!NNDB!;anel!*BN Cler5 of Court had communicated to
    Coughlin that he Cas not re3uired to pay suApoena or Citness fees, Aoth in light of his inidgent status,
    and under the rules applicaAle to this particular disciplinary matter under *C+ "%.(4' and *C+
    ""9(3')
    QN+*Z##)%"%ZZ(cts or omissions constituting contempts)ZZ/he folloCing acts or
    omissions shall Ae deemed contempts:
    ")ZZDisorderly, contemptuous or insolent Aehavior toCard the Eudge Chile the Eudge is
    holding court, or engaged in Eudicial duties at chamAers, or toCard masters or arAitrators
    Chile sitting on a reference or arAitration, or other Eudicial proceeding)
    #)ZZ( #reach of the peace, #oisterous conduct or )ioent distur#ance in the presence
    of the court, or in its immediate )icinity, tending to interrupt the due course of the tria
    or other 6udicia proceeding)
    - 455-
    1
    2
    3)ZZDisoAedience or resistance to any laCful Crit, order, rule or process issued Ay the
    court or Eudge at chamAers)
    4)ZZDisoAedience of a suApoena duly served, or refusing to Ae sCorn or ansCer as a
    Citness)
    .)ZZ+escuing any person or property in the custody of an officer Ay virtue of an order or
    process of such court or Eudge at chamAers)
    )ZZDisoAedience of the order or direction of the court made pending the trial of an
    action, in spea5ing to or in the presence of a Euror concerning an action in Chich the Euror has
    Aeen impaneled to determine, or in any manner approaching or interfering Cith such Euror
    Cith the intent to influence the verdict)
    7)ZZ(#using the process or proceedings of the court or falsely pretending to act under
    the authority of an order or process of the court)Y
    <nd, actually, it is ?CD< DD< ?atts2-ial, and, arguaAly the *econd Budicial District Court
    Budges and Cler5 of Court and <ssistant Cler5 of Court, and Custodian of +ecords Chom should Ae
    suAEect to a finding that they have violated N+* ##)%3%(4') 0urther, +eno City <ttorney Christensen
    and the +eno 9uncipal Court Budges, Court <dministrator, Custodian of +ecord, and those City of
    +eno 9arshal4s Chom disoAey such QsuApoena duly servedY upon them have similarly committed a
    violation of N+* ##)%3%(4' Chere *C+ ""%(4' does not entitle any of those individuals or entities to
    rely upon the ""!7!"# $rder Ay Chair (cheverria purporting to 3uash such suApoenas Chere *C+
    ""%(4' is 3uite clear that it is NNDB Chairman *usich, only, Chom has Eurisdiction to ma5e such an
    $rder and Chere there is no indication that any of those suApoened communicated an Qopen refusalY
    under +;C 3)4 sufficient to prevent a finding that a violation of such Cas committed Ay all those
    suApoened Chom are licensed attorneys (Chich, Could included those +9C Budges suApoened')
    *imilarly, the +eno Bustice Court4s Custodian of +ecords and Court <dministrator *teven /uttle and
    Chief Civil Cler5 Garen *tancil could Ae said to have violated N+* ##)%3%(4' as Cell) 7nterestingly,
    neither DD< ?atts2-ial nor any other attorney from the ?CD<4s $ffice communicated any
    oAEection to the suApoen Coughlin had served a non2party over "& years of age on *tancil, /uttle,
    and the +BC4s Custodian of +ecords Ay one Nicholas 8assett of +eno, Nevada, a #% year old at the
    time)

    Q*C+ +uleZ""4)ZZ+eciprocal discipline)
    4)ZZ7dentical discipline to Ae imposed= e1ceptions)ZZ<fter the time for the
    attorney to respond has e1pired, the supreme court shall impose the identical
    discipline uness the attorney demonstrates, or the supreme court finds, that
    on the face of the record upon !hich the discipine is predicated it ceary
    appears:
    (a'Z/hat the procedure in the other 6urisdiction !as so ac"ing in notice or
    opportunity to #e heard as to constitute a depri)ation of due process= or
    - 456-
    1
    2
    (A'Z/hat there Cas such an infirmity of proof esta#ishing the misconduct
    as to gi)e rise to the cear con)iction that the court coud not, consistent !ith
    its duty, accept the decision of the other 6urisdiction as fairy reached= or
    (c'Z/hat the misconduct estaAlished C arrants su#stantiay different discipine
    in this state= or
    (d'Z/hat the misconduct esta#ished does not constitute misconduct under
    any Nevada +ule of ;rofessional Conduct)
    7f the court determines that any of the preceding factors e1ist, it sha enter an
    appropriate order)
    .)ZZ<iscipine ese!here res judicata )ZZ7n all other respects, a fina
    ad6udication in another 6urisdiction that an attorney has engaged in
    misconduct concusi)ey esta#ishes the misconduct for the purposes of a
    discipinary proceeding in this state,Y
    /he converse of *C+ +ule ""4(.' (applied here Ay analogy' is that the failure of the various
    $rder4s involved here to ma5e a Qfinal adEudication)))that))attorney (Coughlin, and the !#!"# $rder
    in 08( # Cas entered Chile Coughlin4s laC license Cas temporarily suspended, Chich, assuredly,
    ?CD< DD< ?atts2-ial Could agree, means such $rder can in no Cay Ae asserted as any sort of
    proof, conclusive or otherCise, of any sort of professional misconduct on Coughlin4s part, right,
    DD< ?attsF <lso, consider +9C Budge ?) @ardner repeatedly referring to Coughlin as Qan
    attorneyY during the !"&!"# /rial in #4%., Chich, again, occurred Chile Coughlin4s laC license in
    Nevada Cas temporarily suspended') 0urther, the language in *C+ ""4(.' referring to Qanother
    EurisdictionY does not necessarily re3uire such Qfinal adEudicationY occur in Ay Qthe imposition of
    disciplinary sanctions in another EurisdictionY outside the *tate of Nevada) *uch use of the term
    QEurisdictionY in the phrase Qanother EurisdictionY may Ae ta5en to mean another court within
    Nevada, especially considering the Cording of *C+ +ule 99)
    Q*C+ +uleZ99)ZZBurisdiction)
    ")ZZ(very attorney admitted to practice laC in Nevada, specially admitted Ay a court of this state
    for a particular proceeding, practicing laC here, Chether specially admitted or not, or Chose
    advertising for legal services regularly appears in Nevada is suAEect to the e1clusive disciplinary
    Eurisdiction of the supreme court and the disciplinary Aoards and hearing panels created Ay these
    rules)
    #)ZZNothing contained in these rules denies any court the poCer to maintain control over
    proceedings conducted Aefore it, such as the poCer of contempt, nor do these rules prohiAit any
    association from censuring, suspending, or e1pelling its memAers)
    Q*C+ +uleZ""%)ZZSu#poena po!er, production of documents, !itnesses, and pretria
    proceedings)
    ")ZZIssuance of su#poenas Ay hearing panels and Aar counsel)ZZBar counsel and a memAer of a
    hearing panel Cho is also a state Aar memAer, in matters under investigation Ay either, may administer
    oaths and affirmations and issue and compel Ay suApoena the attendance of Citnesses and the
    production of pertinent Aoo5s, papers, and documents) The attorney may aso compe #y su#poena
    the attendance of !itnesses and the production of pertinent #oo"s, papers, and other
    - 457-
    1
    2
    documents #efore a hearing pane) Subpoena and witness fees and mileage shall be the same as in
    a district court)
    #)ZZConfidentiality stated on suApoena)ZZ*uAEect to the provisions of +ule "#", suApoenas shall
    clearly indicate on their face that they are issued in connection Cith a confidential investigation under
    these rules and that it is regarded as contempt of the supreme court or grounds for discipline under
    these rules for a person suApoenaed to in any Cay Areach the confidentiality of the investigation) 7t
    shall not Ae regarded as a Areach of confidentiality for a person suApoenaed to consult Cith counsel or
    to ansCer 3uestions as5ed Ay Aar counsel or the attorney to determine the facts "no!n #y the
    !itness)
    3)ZZ(ttachment of person for faiure to o#ey su#poena or produce documents)ZZ?henever
    any person suApoenaed to appear and give testimony or to produce Aoo5s, papers, or other documents
    as re3uired Ay suApoena, or re3uested to provide documents pursuant to +ule 7&).("'(A', refuses to
    appear or testify #efore a hearing pane, or to ans!er any pertinent or proper >uestions, or to
    pro)ide the re>uested documents, that person sha #e deemed in contempt of the discipinary
    #oard, and the chair of the disciplinary #oard shall report the fact to a district 6udge of the
    county in !hich the hearing is #eing hed or the in)estigation conducted) /he district court sha l
    promptly issue an attachment in the form usual in the court, directed to the sheriff of the county,
    commanding the sheriff to attach such person and #ring such person forth!ith #efore the
    court) $n the return of the attachment, and the production of the person attached, the district court
    shall have jurisdiction of the matter= and the person charged may purge himsef or hersef of the
    contempt in the same Cay, and the same proceedings shall Ae had, and the same penalties may be
    imposed, and the same punishment inflicted as in the case of a Citness suApoenaed to appear and
    give evidence on the trial of a civil cause Aefore a district court of the *tate of Nevada)
    4)ZZContest of subpoena)ZZ< contest of a suApoena sha #e heard and determined #y the
    chair of the appropriate discipinary board)
    .)ZZ+estriction on discovery)ZZDiscovery Ay the attorney, other than under +ule "%.(#'(c', is not
    permitted prior to hearing, e'cept #y the order of the chair for good cause upon motion under
    -ue /40$7& or -ue /40$B&,
    )ZZrehearing conference)ZZ<t the discretion of the chair, a prehearing conference may Ae
    ordered for the purpose of o#taining admissions or other!ise narro!ing the issues presented #y
    the peadings) /he conference may Ae held Aefore the chair or the chairRs designee)Y
    /here is nothing in the record to indicate the NNDB Chairman *usich identified any
    QdesigneeY for the purpose of carrying out all the matters Cith Chich the QchairY (in all instances in
    *C+ ""% the term QchairY is used Cith respect to the QchairY of the Qdisciplinary AoardY or QAoardY
    and the term QpanelY is noChere to Ae found therein) /his ma5es good sense, as the Chair of the
    Disciplinary Board is a continuing position Cherein such Chair, presumaAly, given the prestige and
    poCer attendant to such a position, Could Ae someone possessing sufficient, particulariIed
    5noCledge of the suAstantive and procedural issues typically arising in a disciplinary matter conte1t
    sufficient to ma5e sure that the various poCers accorded to such Qdisciplinary Aoard chairY Cithin
    *C+ ""% (and, also, under , is not permitted prior to hearing, e1cept Ay the order of the chair for
    good cause upon motion under +ule "%3(.' or +ule "%3('' to so entrust Cith such authority) ?hile
    NNDB Chair *usich4s 7!#7!"# Criting to Coughlin directs Coughlin to coordinate and in3uire as to
    certain matters Cith the *BN4s $BC and *BN Cler5 of Court 6aura ;eters, it in noC Cay, authoriIes
    or identifies the *BN, $BC, or *BN Cler5 of Court as a *C+ ""%(' QdesigneeY) 0urther, the use of
    - 458-
    1
    2
    the term QconferenceY in *C+ ""%(' necessarily re3uires Coughlin4s participation, or, at least, an
    opportunity to participate in such a conference Ae given to Coughlin, and notice thereof) 7nstead, the
    NNDB, ;anel, and $BC continually treated Coughlin li5e the Elephant Man) Coughlin is not an
    animal) 8e is a human Aeing)
    0urther, Ging li5ely violated +;C 3)", 3)#, 3)3, 3)4, 3)., 3)&, &)", &)#, and &)4 Chere he
    admitted to Coughlin, on "%!".!"# that he fully intended to have such a conference in Coughlin4s
    aAsence (and apparently did so' an an effort to achieve his stated goal of s5irting the e1press dictates
    in this Court4s !7!"# $rder in %&3& and *C+ """(&' and thereAy QconsolidateY the re3uirement
    stemming from this Court4s $rder (Chich e1pressly incorporates the dictate found Cithin *C+
    """(&'' that Qrefer(red' the matter to the appropriate disciplinary Aoard for the institution of a forma
    hearing Aefore a hearing panel in !hich the soe issue to #e determined sha #e the e'tent of the
    discipine to #e imposedY' into
    Q*C+ +uleZ"%4)ZZ*tate Aar counsel) ")ZZ*tate Aar counsel shall: ))) QA'Z*uAEect to +ule "%.("',
    dispose of all matters involving alleged misconduct Ay dismissal of the allegation(s' or #y the filing
    of a written complaint)Y 7ronically, it is the $BC4s Ging4s Aeloved *C+ """(.' that noCs turns on
    him here) Q*C+ """(.')ZZCertified document concusi)e)ZZ< certified copy of proof of a conviction
    is concusi)e e)idence of the commission of the crime stated in it in any discipinary proceeding
    instituted against an attorney Aased on the conviction)Y <n Qallegation (under *C+ "%4("'(A''
    necessarily e1cludes a QconvictionY given such, under *C+ """(.' provides Qconclusive evidence of
    the commission of the crimeY, thereAy removing from the poCer granted Bar Counsel under *C+ "%4
    the right to QconsolidateY the Qformal hearingY re3uired Ay *C+ """(&' Cith the *C+ "%.(#'
    QCommencement of formal proceedingsY folloCing the Qor the fiing of a !ritten compaintY Ay
    Bar Counsel under *C+ "%.("') /hus, the Bar Counsel had not authority to so consolidate the
    Qformal hearingY re3uired Ay *C+ """(&' and this Court4s !7!"# $rder in %&3&) /he distinction
    AetCeen Qformal disciplinary proceedings)))commenced Ay Aar counsel filing a Critten complaintY
    and that re3uired Chere an $rder stemming from an *C+ """(' ;etition in %&3& fulfilled this
    Court4s duty, under *C+ """(&' to QQrefer the matter to the appropriate disciplinary Aoard for the
    institution of a forma hearing Aefore a hearing panel in !hich the soe issue to #e determined
    sha #e the e'tent of the discipine to #e imposedY is so oAvious (QproceedingsY is plural, Chereas
    QhearingY is singular= Qcommencement of formal proceedingsY necessarily implicates the douAle
    Eeopardy issues attendnat to Ging see5ing to consolidate the matters involved in the QhearingY Chich
    *C+ """(&' re3uires the QinstitutionY of (ie, QcommencementY and QinsitutionY connote entirely
    different grants of authority and Eurisdiciton, in addition to distinct purposes and limitations,
    particularly relevant to the particular processes involved' as to ma5e the *BN4s $BC4s Ging conduct
    here, arguaAly, misconduct violative of +;C ")", ")#, ")#, 3)", 3)#, 3)3, 3)4, 3)., 3)7, 3)&, &)", &)#, and
    &)4 and Coughlin herein points this out in an effort o fulfill his duty undr +;C 3)&)
    (*C+ "%.(#': QCommencement of forma proceedings)ZZ0ormal disciplinary proceedings are
    commenced Ay Aar counsel fiing a !ritten compaint in the name of the state #ar,))Y', Note, *C+
    "%.(#' decidedly !O"# $OT say that Qformal disciplinary proceedings are commenced Ay Aar
    counselY doing that Chich *C+ "%4(d' calls for (*C+ "%4("'(d' reads:Q("' *tate Aar counsel shall:)))
    (d' 8ie with the supreme court petitions Cith certified copies of proof of conviction demonstrating
    that attorneys have Aeen convicted of serious crimes, as defined in +ule """)Y ?here *C+ "%.(#'
    provides that as to the: QCommencement of forma proceedings)ZZ0ormal disciplinary proceedings
    - 459-
    1
    2
    are commenced Ay Aar counsel fiing a !ritten compaint in the name of the state #ar,))Y and such
    Complaints are alCays filed Aefore the appropriate Disciplinary Board in the *tate Bar of Nevada
    (that is to say that the name of the court listed aAove the caption of such Complaints alCays indicates:
    Q*/</( B<+ $0 N(-<D<
    N$+/8(+N N(-<D< D7*C7;67N<+> B$<+DY
    /o Ae sure, nothing in the *C+4s indicate e6pressly Chat court such formal disciplinary
    proceedings are to occur in, and the te1t aAove the caption in such matters does depart from, say
    ?DC+ "%, Chere it fails to include Q7N /8(Y immediately Aefore the contents therein, and Chere
    the Cord QcourtY is not present) 8oCever, the *BN has held 6aura ;eters out as the *BN4s QCler5 of
    CourtY, indicating, similar to the set up in California, that the *tate of Nevada has a Q*tate Bar
    CourtY) ?hy the aAove is relevant is that *C+ """(4' provides: 4)ZZBar counselRs
    responsiAility)ZZ:pon Aeing advised that an attorney suAEect to the disciplinary Eurisdiction of the
    supreme court has Aeen convicted of a crime, other than a misdemeanor traffic violation not
    involving the use of alcohol or a controlled suAstance, Aar counsel shall oAtain a certified copy of
    proof of the conviction and shall file a petition Cith the supreme court, attaching the certified copy)
    :pon Aeing advised that an attorney suAEect to the disciplinary Eurisdiction of the supreme court has
    Aeen convicted of a misdemeanor involving the use of alcohol or a controlled suAstance and the
    offense is not the attorneyRs first such offense, Aar counsel shall investigate and present the matter to
    the appropriate panel of the disciplinary Aoard prior to the filing of the petition) /he petition shall Ae
    accompanied Ay the panelRs recommendation regarding the appropriate disciplinary action, if any, to
    Ae imposed under these or any other rules of the supreme court that pertain to the conduct of
    attorneys)
    .)ZZCertified document conclusive)ZZ< certified copy of proof of a conviction is conclusive
    evidence of the commission of the crime stated in it in any disciplinary proceeding instituted against
    an attorney Aased on the conviction))))
    7)ZZ*uspension on certification)ZZ+pon the fiing !ith the supreme court of a petition Cith a
    certified copy of proof of the conviction, demonstrating that an attorney has Aeen convicted of a
    serious crime, the court shall enter an order suspending the attorney, regardless of the pendency of an
    appeal, pending fina disposition of a :discipinary proceeding=, !hich sha #e commenced #y
    the appropriate discipinary #oard upon referral by the supreme court, 0or good cause, the
    court may set aside its order suspending the attorney from the practice of a!, $NOTED the
    phrase Qpending final dispositionY in *C+ """(7' e1presses a far different approach than does the
    phrases found in *C+ "%.(#' (Qcommencement of formal proceedingsY and Qformal discipinary
    proceedings=&, $NOTED the phrase :discipinary proceeding= used in SC- ///$E& differs from
    the phrase :forma discipinary proceedings= $the singuar :proceeding= in SC- ///$E& impies
    nond of the e'tended in)o)ement inherent to !here :forma discipinary proceedings are
    commenced= under SC- /47$3& and pura :forma discipinary proceedings=, and the presence
    of the >uaifier :forma=& found in SC- /47$3&&, 0urther, the approach ta5en Ay the *BN4s $BC
    here, Chere the Complaint contains three grievance case numAers, none of Chich represents an
    identifier or case numAer (Chy no appearance of the *C+ """ ;etition4s numAer, %&3&F') /he $BC
    offered nothing in its filings to marry any of the three grievance numAers to this Court4s !7!"#
    mandate in %&3& or that re3uired under *C+ """(&')
    and *C+ "%4("'(d' reads:Q("' *tate Aar counsel shall:)))(d' 8ie with the supreme court petitions
    Cith certified copies of proof of conviction demonstrating that attorneys have Aeen convicted of
    - 460-
    1
    2
    serious crimes, as defined in +ule """)Y ?here *C+ "%.(#' provides that as to the: QCommencement
    of forma proceedings)ZZ0ormal disciplinary proceedings are commenced Ay Aar counsel fiing a
    !ritten compaint in the name of the state #ar,))Y and the Complaint here Aares three Qcase
    numAersY (N@"#2%#%4, N@"#2%434, N@"#2%43.', Chile, noticeaAly, the *C+ "%.(3'(a' QrevieC Ay
    supreme courtY and *C+ "%.(3'(a' QappealY is accorded a different case number (here, #337'
    *C+ """(&': Q+eferral to disciplinary Aoard)ZZ:pon receipt of a petition filed under suAsection 4 of
    this rule, demonstrating that an attorney has Aeen con)icted of a serious crime, the supreme court
    shall, in addition to suspending the attorney in accordance Cith the provisions of suAsection 7 of this
    rule, refer the matter to the appropriate disciplinary Aoard for the institution of a forma hearing
    Aefore a hearing pane in Chich the sole issue to Ae determined shall Ae the e1tent of the discipline
    to Ae imposed) /he panel may, for good cause, postpone the proceeding until all appeals from the
    conviction have Aeen concluded)Y
    Notice *C+ """(&' D OES NOT -E(< Qfor the institution of formal disciplinary
    proceedings after Bar Counsel folloCs th Qprocedure on receipt of complaintY set out in *C+ +ule
    "%.("'(a' and a Qinvestigations shall Ae initiated and conducted Ay Aar counsel or Aar counselRs staff
    or other investigative personnel at #ar counseFs direction prior or pursuant to the opening of a
    grievance file)))Y Chereupon at Qthe conclusion of an investigation of a grievance file, Aar counselY
    Ging ma5es the decision to Qrecommend in CritingY the fiing of a !ritten complaint= Chere such
    Qrecommendation shall Ae promptly revieCed Ay a screening panel)))Y N$/7C( /8</ *C+ """(&'
    *79;6> D$(* N$/ *<> <N>/87N@ $0 /8( *$+/, D(*;7/( ?8</(-(+ ;(+-7*7$N
    /8(+($0 /8( $BC4* G7N@ ;:+;$+/* /$ B( C$N/+$667N@ 8(+()
    <9B:+ ;6(<D7N@ K .9%, 7n determining Chich sanctions should Ae imposed for violations of
    +ule "", the court must consider the purposes to Ae served Ay the imposition of sanctions)L0N"M
    Because the primary purpose of +ule "" is to deter future litigation aAuse, the court is re3uired to
    impose the least severe sanction that fulfills the +ule4s purpose)L0N#M 7f a court decides to impose
    sanctions under +ule "", it may choose from a Cide range of nonmonetary sanctions or, in limited
    circumstances, monetary sanctions)L0N3M <ny sanction must Ae limited to Chat is sufficient to deter
    repetition of the violation or comparaAle conduct Ay others similarly situated)L0N4M 7n determining
    an appropriate sanction under +ule "", the court should consider:L0N.M ("' the nature of the
    violation committed= (#' the circumstances in Chich it Cas committed= (3' the circumstances
    including the financial state of the individual to Ae sanctioned= and (4' those sanctioning measures
    that Could suffice to deter that individual from similar violations in the future) /he sanction may
    include directives of a nonmonetary nature)L0NM <lthough the +ule itself does not enumerate the
    types of nonmonetary sanctions that may Ae imposed, courts have held that they may include issuing
    a reprimandL0N7M or re3uiring the offending counsel to underta5e the representation of a pro se
    plaintiff)L0N&M /he puAlic filing of a document finding that attorneys had violated +ule "" has Aeen
    deemed a sufficient sanction)L0N9M L0N9M @ary v) Braddoc5 Cemetery and Consol (nergy, 334 0ed)
    <pp1) 4., 73 0ed) +) *erv) 3d ""39 (3d Cir) #%%9' < nonmonetary sanction may also include
    re3uiring participation in seminars or other educational programsL0N"%M or referring the matter to
    disciplinary authorities)L0N""M L0N""M <dvisory Committee Notes to "993 <mendments to 0ed) +)
    Civ) ;) "")
    7f, as in 9irch 49#"#, +;C 3)" is essentially e3uated Cith N+C; "", then Budge Nash4s
    QfindingsY in her 3!"4!"# $rder in #&%% is violative of the aAove restrictions in that it is Cholly
    - 461-
    1
    2
    overAroad and e1cessive in a manner that cannot Ae said to Ae limited to the aAove goals) 7t is the
    e3uivalent of ta5ing a AaIoo5a to some Ceeds in one4s front laCn)
    0urther, Budge 0lanagan4s !#.!"# $rder in %3#& is not a sanction, Cas made at a time Chen
    Coughlin Cas already suspended, Cas not attached to the Complaint, and Ging himself violates +;C
    3)", 3)3, 3)4, and N+C; "" Chere he purports that anything in his &!#3!"# Complaint (Cherein Ging
    clearly appears to have attempted to distance his prosecution from +ichard @) 8ill, (s3)4s name as
    much as possiAle, going so far as to pled the "!"#!"3 EayCal5ing arrest, and ""!".!"" traffic citations
    outside 8ill4s office (from Chich all matters associated Cith Budge Nash4s #!#&!"# and 3!"#!"#
    $rders in #&%% stem and are intimately connected, as is also the case Cith her mailing to the *BN
    her 3!"4!"# Critten grievance against Coughlin, Chich included the 3!.!"# 9otion to Dismiss in
    #4%. that Ging4s Complaint pled (at para "# page 3 therein' thusly: Q"#) +espondent, representing
    himself as co2counsel, filed a 32page motion to dismiss on 9arch ., #%"#) /he motion Cas denied
    Ay Budge ?illiam @ardner and Cas determined to Ae Cithout merit) /he motion, on its face,
    demonstrates that +espondent lac5s competence to practice laC)Y (8oCever, such 3!.!"# filing in
    #4%. Ay Coughlin Cas never attached to anything filed Ay Ging nor introduced into evidence at the
    08, and therefore, Ging4s Aare, conclusory allegation, can in no Cay meet the Qclear and convicing
    evidenceY Aurden of proof) 0urther, Chere Ging4s Complaint indicates :Y) +espondent, representing
    himself as co2counsel, filed a 32page motion to dismiss on 9arch ., #%"#) /he motion Cas denied
    Ay Budge ?illiam @ardner and Cas determined to Ae Cithout merit) /he motion, on its face,
    demonstrates that +espondent lac5s competence to practice laC)))Y) (find citation that says such an
    $rder indicating a motion is QCithout meritY is not tantamount to a finding that it Cas ve1atious or
    sanctionaAle')
    0urther, #4%. Cas a criminal prosecution and, as such N+C; +ule "" in inapplicaAle, and Budge
    @ardner4s failure to adhere to Canon #)". or otherCise sanction or report Coughlin to any authorities
    is dispositive as to any claim that Ging may have plead (and, noticeaAly, Ging4s Complaint stears
    aCay from alleging any such $rder Ay Budge @ardner (Chich Cas never attached to any of Ging4s
    filings and Cas not even inlcuded in the ""!7!"# production of some 3,#%% pages of documents Ay
    the *BN' is pled as a Aasis to support an allegation that Coughlin violated +;C 3)", Aut rather, Ging
    specifically limits his pleading therto to an allegation that Qthe motion, on its face, demonstrates that
    +espondnet lac5s competence to practice laC)Y <nd, even that attempt Ay Ging to folloC the
    dictates of *C+ "%.(#' is muddled, as it is not clear Chether Ging is therein pursuing a competency
    determination under *C+ ""7 or attempting to proved a violation of +;C ")")
    7t seems apparent that +BC ;earson4s (;$ has the added Aenefit to the *BN of ma5ing it
    impossiAle for Coughlin to have the *BN served, sufficient to satisfy any *C+ "%9 (Chat service
    does *C+ ""% re3uireF' or other personal service re3uirements attendant to any action or filing Ay
    Coughlin, Chere Coughlin Cas arrested on 3!&!"3 for an alleged violation of that the /;$ and (;$
    in +BC +C;"#2%7 for allegedly having a courier deliver a last minute filing to the *BN on "!3!"3
    (the deadline or day prior thereto, to file an N+C; .#, .9 and DC+ "3(7' +econsideration 9otion',
    and again on "!#3!"3 (also a deadline as to the filing of Coughlin4s Brief in #337, necessitating, in
    accordance Cith the rules, that Coughlin see5ing a stipulation to any such e1tension prior to filing a
    motion see5ing such)
    ((' Coughlin Cas afforded ample opportunity to prepare a verified ansCer or response to the
    allegations of the Complaint and failed to timely do so) *ee 0indings of 0act 34, 3. and 3)
    <ccordingly, the matter could proceed on a default Aasis and the allegations of the Complaint
    - 462-
    1
    2
    deemed admitted) *C+ "%.(#' NotCithstanding the fact that the matter could have Aeen decided on
    a default Aasis, the ;anel permitted the *tate Bar and Coughlin to present evidence)
    #B <m) Bur) #d ;rocess K 4# 77) <9(N<B767/> /$ *(+-7C( $0 ;+$C(** B) ;ersons
    7mmune to *ervice of ;rocess 3) $ther ;articular ;ersons, Conditions, or *ituations /opic *ummary
    Correlation /aAle +eferences K 4#) Nature of proceeding attended Ay nonresident ?est4s Gey
    NumAer Digest ?est4s Gey NumAer Digest, 0ederal Civil ;rocedure 54"., 4" ?est4s Gey NumAer
    Digest, ;rocess 5""7 to "#% /he rule of immunity from the service of civil process of a nonresident
    Chile attending court in an action in Chich he or she is a party or a Citness e1tends to every
    proceeding of a Eudicial natureL0N"M ta5en in or emanating from a duly constituted Eudicial triAunal,
    Chich directly relates to the trial of the issues involved)L0N#M 7t e1tends not only to people Cho are
    in the immediate presence of the Eudges of the courts of record, Aut to those also Cho attend the
    suAordinate triAunals and officers appointed Ay those courts to assist them in the discharge of their
    duties)L0N3M 8earings Aefore arAitrators, legislative committees, trustees in Aan5ruptcy, e1aminers,
    masters in chancery, and commissioners to ta5e depositions have all Aeen included Cithin the scope
    of its application)L0N4ML0N4M 7n re (3uitaAle ;lan Company, #77 0)#d 3"9 (#d Cir) "9%'= Durst v)
    /autges, ?ilder N 9cDonald, 44 0)#d .%7, 7" <)6)+) "394 (C)C)<) 7th Cir) "93%'= -el5ov v)
    *uperior Court in and for 6os <ngeles County, 4% Cal) #d #&9, #.3 ;)#d #., 3. <)6)+)#d "34&
    ("9.3' (discipinary proceedings #efore state #arL recogniRing rue'= *t) Bohn v) *uperior Court 7n
    and 0or 6os <ngeles County, "7& Cal) <pp) #d 794, 3 Cal) +ptr) .3., &4 <)6)+)#d 4". (#d Dist)
    "9%' (icense re)ocation hearing'= #B <m) Bur) #d ;rocess K 4# L"M ?hile the general rule
    protects the nonresident Dduring a period reasonaAly necessary to the giving of testimony in a
    Eudicial proceedingD Chen he enters the state primarily for that purpose, the recogniIed e1ception to
    the rule permits service if the later action Darises out of or involves the same suAEect matter as the
    one in Chich the nonresident has made a voluntary appearance)D (-el5ov v) *uperior Court ("9.3',
    4% Cal) #d #&9, #9", #9# L#.3 ;)#d #., 3. <)6)+)#d "34&M)' 7n the -el5ov case, a NeC >or5 resident
    appeared Aefore a local administrative committee of /he California *tate Bar, at their re3uest, to
    testify in a disciplinary proceeding, instituted Ay 9rs) -el5ov, against attorneys to Chom 9rs)
    -el5ov had transferred #. per cent of certain properties as a fee for services) 9rs) -el5ov alleged the
    transfer illegal and predicated L"&7 Cal) <pp) #d #""M the institution of disciplinary proceedings
    upon that Aasis) ?hen 9rs) -el5ov Dcame to California ))) to testify in a disciplinary proceeding
    Aefore that Aody, she Cas served Cith summons)D (;) #9%)' /he summons emanated from an action
    Arought Ay the attorneys for declaratory relief as to the transfer)YQ
    8ill himself violates +;C 3)", 3)3, and 3)4 incident to his allegation, in his pleadings that he
    alloCed Coughlin additional time to remove his persontly during late DecemAer #%"", Chich,
    apparently Budge 0lanagan found to have Aeen an agreement Coughlin entered into Cith 8ill,
    somehoC, Aut then that Coughlin failed to live up toF /his is thoroughly disproven Ay the emails
    AetCeen 8ill and Coughlin on and around "#!#4!"", Chere Coughlin re3uests additional time to
    remove his remaining property (and sets forth a Aasis for finding that 8ill4s interference and
    oAstructionist tactics caused such a need' folloC Ay 8ill4s "#!#4!"" email to Coughlin
    ?hy Casn4t Coughlin4s "#!"4!"" suAmission to the +BC included in the -ol 4 or other +$<
    transmitted Ay the +BC on "#!#"!"" in "7%&F /hereafter, the "!4!"# *upplemental filign in %3#&
    Cas merely 3 pages and failed to include the lion4s share of Coughlin4s claims and contentions,
    - 463-
    1
    2
    includign those made in Chat he suAmitted for filing on "#!"4!"", "#!#!"" (37 page suAmission Ay
    fa1', a ". page "#!#!"" suAmission that is file stamped "#!#7!"", and other materials) +BC Cler5
    Christine (ric5son Cas evasive Chen 3uestioned Ay Coughlin as to her previous statements that fa1
    filing Cas not permitted t the +BC Chen Coughlin Aegan to Aecome aCare that, at least some
    litigants, Cere permitted to file Ay fa1)
    8oC is it permissiAle for the +BC to deny Coughlin4s "#!"4!"" filing yet alloC 8ill to file a
    Notice of (ntry of $rder in "7%& on "#!#9!""F /he Q<ppeal +eceiptY in the "!4!"# *upplemental is
    deeply flaCedF /o Chat do entries 92". relateF <re those 8earing (1hiAits from the "#!#%!""
    Contest ;ersonal ;roperty 6ien 8earingF ?hy is everything this *upplemental and the four volume
    +$< Ay +BC Cler5 (ric5son in Aac5Cards order from hoC all other +$<4s are presentedF /his
    persistes even Chere in the Q<ppeal +eceiptY those seven e1hiAits are listed in reverse order) 7t
    gives the revieCer a headache trying to revieC such a presentation)
    0rom 0lanagan4s 4!#%!"# $rder in Carpentier v) <ames, J6*, and +C* in C-%&2%"7%9: Q0inally,
    this Court ma5es the folloCing oAservations) /he arguments raised Ay th parties in their pleadings
    generally circumscriAe the ad6udicatory #oundaries of this Court) *ee )),Breliant v) ;referred
    (3uities Corp), "%9 Nev) &4#, &47, &.& ;)#d "#.&, "#" ("993 (stating a district court generally may
    not consider matters outside of the pleadings Chen revieCing a motion to dismiss') <s such, this
    Court ta5es no position on Chether the financia institutions in this case folloCed the laC Chen they
    Cere lining up the documents to foreclose % the ;roperty) Nonetheless, the manner and timing in
    Chich these institutions2particularl <ames, Deutsche,and Juality2recorded the assignment,fi ed the
    *uAstitution of /rustee,an filed the Notice of Default,i s suspicious and trouAling to this Court)Y
    7n his "#!#&!"" email to the parties, +BC Budge *ferraIIa from "7%& again misapplies BC++/
    to landlord tenant matters despite BC++/ # indicating such rules do not apply there,
    9erliss never had any 6andlord4s <ffidavit filed in "7%& (Ba5er apparently filed a
    Declaration on 9erliss4s Aehalf on "%!"9!"", Aut that Cas after the first hearing of "%!"3!""') <ny
    purported such <ffidavit of :nlaCful Detainer that Ba5er attempted to hand Coughlin, in violation
    of Aoth courthouse sanctuary doctrine and an attorney4s (Coughlin4s' immunity against service of
    process Chen appearing in court (particularly in the very case to Chich such attempted service is
    related', as Cell as the duty to CithdraC as counsel Chere, Ay so doing, Ba5er necessarily ma5es
    himself a li5ely Citness, ma5es insufficient any such purporte service) 0urther, any such <ffidavit
    Ay 9erliss fails to contain the folloCing re3uired language: Q/hat the termination and surrender of
    the rental unit Cas to have ta5en place on
    or Aefore [[[[[[[[[[[[[[[, #%[[[[) /hat legal Notice has Aeen served upon
    the tenant pursuant to the provisions of N+* 4%)#&%, on [[[[[[[[[[[[[[[[,
    #%[[[[) < copy of the Notice is attached hereto and incorporated Ay this
    referenceY N+* 4%)#.3) <s such any hearing or $rder Aased upon and proceeding held therefrom is
    void for lac5 of Eurisdiction) N+C; %(A'(4' and <i5in re3uires strict adherence to procedural and
    statutory rules) <dditionally, no such service in compliance of Cith N+* 4%)#&% Cas done as to any
    such Notice purported to Ae served on Coughlin on 9!#7!"" in "7%&) 0urther, particularly Chere no
    such: QC(+/707C</( $0 *(+-7C( ;ursuant to N+C; .(A', 7 hereAy certify that 7 am an employee
    of +7C8<+D @) 8766, ) \ C8<+/(+(D, and that on the #7th day of *eptemAer, #%"", 7 personally
    handed at the hearing in the aAove2referenced matter, a true and correct copy of the foregoing 0ive
    - 464-
    1
    2
    Day Notice of :nlaCful Detainer for 0ailure to -acate +ental :nit 2 N+* 4%)#." ( No 2Cause )
    /ermination' and Notice of *ummary e)iction 2 N+* 4%)#.4 to: Zachary Coughlin "#" +iver +oc5
    *treet +eno, Nevada &9.%3 B> !s! Casey D) Ba5er, (s3)Y)
    Ba5er and 9erliss failed to comply Cith the re3uirements of N+* 4%)#&% (specifically as to a
    Citness and more' for the alleged service of a . day :D Notice on 9!#7!"")
    0orm ]9 Q<ffidavit!Declaration of 6andlord for *ummary e)iction for BreachY contains the
    folloCing language: Q7) <ffiant re3uests that the court enter an order for the summary e)iction of the
    tenant from the premises and the sheriff!constaAle Ae ordered to remove the
    tenant Cithin tCenty2four (#4' hours after receipt of the court orderY)
    /here is a great deal of confusion as to the laC in Nevada vis a vis #4 hour loc52out notices
    and hoC soon after posting one the constaAle or *heriff may effectuate the loc52out:
    Qhttp:!!CCC)lpsnv)com!e)iction0<J)pdf: D7) D$(* 9> /(N<N/ 8<-( +7@8/*F >es they do)
    ?hen the notice is served, your tenantRs rights state that they can contest the notice Cith the Eustice
    court from the moment that they receive the notice) /heir reasons can vary, Aut they must get their
    /enantRs +esponse filed Cith the court of Eurisdiction) 7t Cill then Ae approved or denied Ay the
    Eudge) 7f it is approved, then a hearing Cill Ae scheduled) >our tenant can also contest the #4 8our
    6oc52out Notice, Chich is posted Ay the ConstaAle) /his notice is posted #4 hours Aefore the
    ConstaAle returns to the property to do the loc5 change)DY
    @ayle Gern, (s3), ought to have Aeen made to folloC +;C 3).<, Aut regardless, she should not
    have Aeen granted any ?rit of +estitution or 6oc5out $rder on 3!".!"# merely upon a Qdefault
    AasisY Coughlin filed a detailed /enant4s <ffidavit that could spea5 for him at the hearing, and the
    initial Aurden is on the landlord (ie, the party moving for summary Eudgment under <nvui', and Gern
    failed to even file a 6andlord4s <ffidavit)
    +egardless, in Aoth "7%& and 374, N+* 4%)#.3 does not alloC for the ?ashoe County *heriff to
    conduct e)ictions in the manner in Chich is currently does) 8ill4s filings claim that the ?C*$4s
    procedures, Ay Aeing the Qusual and customary practicesY of the ?C*$, somehoC Aecome Alac5
    letter laC in Nevada, even Chere a statutory remedy is in place, one that the legislature Cor5ed hard
    on (despite +BC Budge ;earson, in "%4&, ignoring <B##4s minor tenant4s rights victory Chere it
    re3uired the landlord to, under N+* 4%)#.3(3'(a' Qidentify the court that has Eurisdiction over the
    matter)))Y and 3(A'("'4s dctate that such notice advise the tenant: Q("'Z$f the tenantRs right to contest
    the matter Ay filing,))) an affida)it !ith the court that has 6urisdiction o)er the matter,,,=, in the
    face of the unauthoriIed practice of laC on Aehalf of out of state corporation no less, NorthCinds
    <partments <ssoc), 66C of ?ashington state)
    N+* 4%)#.3(' provides)))Q)ZZ:pon the filing Ay the tenant of the affidavit permitted in
    suAsection 3, regardless of the information contained in the affidavit, and the fiing #y the andord
    of the affida)it permitted #y su#section 7 (note, Aoth in "7%& and 374, neither landlord filed such
    a 6andlord4s <ffidavit in a timely manner, and 9erliss in "7%& never filed one at all) 7f Ba5er and
    - 465-
    1
    2
    8ill Cant Aig Aoy attorney4s fees, they should Ae re3uired to get those sorts of things right to Eustify
    such e1orAinant fees, or even Aegin to', the Eustice court or the district court shall hold a hearing,
    after service of notice of the hearing upon the parties, to determine the truthfulness and sufficiency
    of any affidavit or notice (Ba5er continually maintained that it Cas only Coughlin4s <ffidavit Chich
    Cas up for inspection, in violation of +;C 3)"' provided for in this section) If the court determines
    that there is no ega defense as to the aeged una!fu detainer and the tenant is guilty of an
    unlaCful detainer, the court may issue a summary order for remo)a of the tenant or an order
    pro)iding for the nonadmittance of the tenant,=
    So, reay, especiay in /E4?, a the de#ate a#out the import and appication of the
    :!ithin 35 hours anguage= is inappica#e any!ays, as that phrase is ony appica#e to a
    situation !here the tenant does not fie a Tenant's (ns!er in respose to a 7 day +< Notice
    #eing posted,
    N-S 54,370$7&D=,JJ+pon noncompiance !ith the noticeD
    $a&JThe landlord or the landlordRs agent may apply Ay affidavit of complaint (note, there is
    nothing in Ch, 54 that ao!s for a :andord's agent= to draft peadings or appear on #ehaf of
    an out of state corporation, cross the #ar, and practice a! on its #ehaf, as @NM's Sue Iign
    did in 4E554? and 0E5, and as NCS's 9eff Chander did in /45?' for e)iction to the 6ustice court
    of the to!nship in !hich the d!eing, apartment, mo#ie home or commercia premises are
    ocated or to the district court of the county in !hich the d!eing, apartment, mo#ie home or
    commercia premises are ocated, !hiche)er has 6urisdiction o)er the matter $in 0E5, -9C
    9udge Schroeder issued such an Order prior to Iern e)en fiing a Landord's (ns!er&, The
    court may thereupon issue an order directing the sheriff or consta#e of the county to remo)e
    the tenant !ithin 35 hours after receipt of the order,=
    But, again, Chere Coughlin did comply Cith the . day notice, in Aoth "%4&, 374, and "7%&,
    N+* 4%)#.3(.' language is inapplicaAle (QThe court may thereupon issue an order directing the
    sheriff or consta#e of the county to remo)e the tenant !ithin 35 hours after receipt of the
    order,=& -ather, it is N-S 54,370$B&'s anguage that controsD :If the court determines that
    there is no ega defense as to the aeged una!fu detainer and the tenant is guity of an
    una!fu detainer, the court may issue a summary order for remo)a of the tenant or an order
    pro)iding for the nonadmittance of the tenant,=
    There #eing nothing thereing spea"ing to some :!ithin 35 hours= dicate, the defaut
    appication in ci)i a! re>uires that such an an Order #e ser)ed under N-CP B$e& !here
    persona ser)ice is not accorded, thus re>uiring 0 days for maiing, 8urther, N-(P ? and some
    7 day stay suggested in (n)ui, is argua#y appica#e, There is itte indication in Ch, 54 or
    eseh!here to pro)ide some e'panation of 6ust ho! and in !hat manner such a :summary
    order= !oud #e carried out and !hether it !oud ao! for the approach ta"en #y the @CSO
    in such situations, @hie N-S 54,370$0&$#&$3& does contain the term :summary order=, the
    appearance therein of the :!ithin 35 hours= anguage, com#ined !ith the non%appearance of
    such :!ithin 35 hours anguage= in N-S 54,370$B&, under traditiona principes of statutory
    construction, actuay augers for an interpretation of su#section B that !oud re>uire more
    time for a tenant than is pro)ided for under N-S 54,370$0&$#&$3&DJ=That if the court
    determines that the tenant is guity of an una!fu detainer, the court may issue a summary
    order for remo)a of the tenant or an order pro)iding for the nonadmittance of the tenant,
    - 466-
    1
    2
    directing the sheriff or consta#e of the county to remove the tenant Cithin #4 hours after receipt
    of the order,,,=
    It seems rather impausi#e to suggest that the :!ithin 35 hours= anguage is some
    dictate to the Sheriff or consta#e re>uiring such oc"outs #e effectuated in some narro!
    !indo! of time, -ather, particuary gi)en the primacy to indi)idua's and #usinesses inherent
    to their uses as residences of paces of #usiness $or, in /E4?, as #oth& it !oud seem entirey
    more i"ey, and reasona#e, to concude that the egisature intended for the :!ithin 35 hours=
    anguage to afford tenant's :at east= 35 hours from the posting $if not the constructi)e receipt
    in the mai under N-CP B$e& if no persona ser)ice !as to #e had& of such a oc"%out Order to
    remo)e those items they find a#soutey essentia $see Coughin's difficuties in /45? !here
    depri)ed of his medications, eyegasses, contacts, some important ega fies, etc, not to mention
    the -PC 0,7( )ioation attendant to the defaut on E272/3, especiay !here the -9C and NCS's
    Chander "ne! Coughin !as in 6ai incident to a E202/3 arrest stemming from North!ind's
    handyman Ire#'s faacious accusation of Coughin :distur#ing the peace=,
    the court may issue a summary order for remo)a of the tenant
    (so, the -9C may need to e'pain !hy it faied to fie in fa' fiings #y Coughin !here
    it either did fie in some #y Ci and *a"er in /E4? $or consider any faiure to fie any /42/02//
    (ffida)it of +na!fu <etainer #y andord Meriss&,
    - 467-
    1
    2
    The S*N is i"ey resting upon some theory that the /;$ and (;$ granted it Ay +BC Budge
    ;earson, Chich indicates that Coughlin may ) 0irst, the "! ""4!"3 (;$ granted the *BN indicates
    that ;atric5 $Cen Ging, (s3), appeared at the (1tension 8earing to represent the *BN) <s such,
    Ging, 5noCing he Cas e1tremely li5ely to Ae a Citness in such an action, had a duty to CithdraC
    from representation, and therefore himself violated a +;C ")" re3uir he so CithdraC Chere his
    Aeing a Citness Cas a virtual certainty) 0urther, Ging4s /;$ application rests almost entirely on
    unsCorn hearsay, for Chich Ging ma5es no indication Cith regard to from Chom or hoC he Aecame
    aCare of such hearsay detailing such purported QfactsY) 0or instance, the magic of hearsay may
    alloC a comment li5e Qits not fair that Bar Counsel Ging gets all this e1 parte face time Cith ;anel
    Chair (cheverriaY that may have Aeen said to Dena (cheverria on the telephone to Aecome,
    according to Ging, a statement Ay Coughlin to (cheverria4s staff that he Cas coming doCn to the
    ;anel Chair4s $ffice, threatening to get some Qface timeY) Coughlin4s "99 8onda <ccord4s
    electrical proAlems (an electrical short caused proAlems Cith Coughlin4s headlights re3uiring a
    primitive Cor5around re3uiring Coughlin to Araids five elecrical Cires together to turn his vehicle4s
    headlights on)))something Ging alleges, through unattriAuted hearsay, Cas a case of Coughlin
    malingering around the *BN4s Northern $ffice after . pm flashing his headlights at the one or tCo
    Comen Chom Cere Cor5ing late (Aecause, one can Ae aAsolutely sure, <sst) Bar Counsel Ging has
    never Cor5ed late a day in his life, and certainly not Chile employed Ay the *BN, than5s to *C+
    "%, natch', in an attempt to frighten and harass them) /hen there is the curiosu allegation Ay Ging
    in his /;$ application that Coughlin called the *BN ahead to announce he Could Ae there in fifteen
    minutes to file something) Ging somehoC alleges that is threatening Aehavior even Chere he
    suAse3uently indicates that he had sent Coughlin a letter demanding that Coughlin do Eust that prior
    to appearing at the *BN for any reason, including to file documents)
    <t the 3!".!"# summary e)iction hearing Cherein @ayle Gern, (s3), violate +;C 3).<
    (proAaAly Chy +BC Budge *chroeder as5ed, upon the topic of ta5ing a default against Coughlin
    coming up: Q7s that fairFY', Gern further stated that she Cas see5ing Qa ?ritY granting
    poss+estitutionY must folloC N+* ""&<)3%, Chich re3uires putting up a Aond first, Chich Gern
    failed to do:
    N+*Z4%)3%%ZZContents of complaint= issuance and service of summons=
    temporary Crit of restitution= notice, hearing and Aond))))
    3)ZZ<t any time after the filing of the complaint and issuance of
    summons, the court, upon application therefor, may issue a temporary Crit of
    restitution= provided:)))
    (A'ZThat the temporary !rit of restitution sha not issue unti the
    court has had an opportunity to ascertain the facts sufficienty to ena#e
    it to estimate the pro#a#e oss to the defendant and fi' the amount of a
    #ond to indemnify the party or parties against !hom the temporary
    !rit may #e issued)
    (c'Z/hat the temporary Crit of restitution shall not issue until there has
    Aeen filed Cith the approval of the court a good and sufficient Aond of
    indemnification in the amount fi1ed Ay the court)
    <s such, Gern re3uested the wrong relief from Budge *chroeder, and the
    court lac5ed Eurisdiction to then issue a 6oc5out $rder Chere a ?rit of
    - 468-
    1
    2
    +estitution of ;ossession Cas re3uested, particularly Chere the 6oc5out
    $rder fails to conform to the folloCing statute:
    QN-SJ54,534ZZ8orm of Crit of restitutionL e'ecution,
    0urther, Iern faied to fie in a Landord's (ffida)it prior to the 02/72/3 summary e)iction
    proceeding, !hich !as noticed for ?D04 am, Aut to Chich the Goc5out $rder had a fa1 header
    indicated the $rder Cas fa1ed to the ?C*$ Civil Division at &:#4 am) <s such, in consideration of
    the dictates of N+* 4%)#.3(.'2(', the 3!".!"# 6oc5out $rder is void pursuant to N+C; %(A'(4' for
    lac5 of Eurisdiction given that the summary e)iction hearing Cas held prior to Gern filing a
    6andlord4s <ffidavit :
    QN+* 4%)#.3(.')ZZ:pon noncompliance Cith the notice:
    (a'Z/he landlord or the andordFs agent may appy #y affida)it of
    compaint for e)iction to the Eustice court of the toCnship in Chich the
    dCelling, apartment, moAile home or commercial premises are located or to the
    district court of the county in Chich the dCelling, apartment, moAile home or
    commercial premises are located, Chichever has Eurisdiction over the matter)
    The court may thereupon issue an order directing the sheriff or consta#e of
    the county to remo)e the tenant !ithin 35 hours after receipt of the order,
    The affida)it must state or contain:
    ("'Z/he date the tenancy commenced)
    (#'Z/he amount of periodic rent reserved)
    (3'Z/he amounts of any cleaning, security or rent deposits paid in
    advance, in e1cess of the first monthRs rent, Ay the tenant)
    (4'Z/he date the rental payments Aecame delin3uent)
    (.'Z/he length of time the tenant has remained in possession Cithout
    paying rent)
    ('Z/he amount of rent claimed due and delin3uent)
    (7'Z< statement that the Critten notice Cas served on the tenant in
    accordance Cith N+* 4%)#&%)
    (&'Z< copy of the Critten notice served on the tenant)
    (9'Z< copy of the signed Critten rental agreement, if any))))
    ))))ZZ+pon the fiing Ay the tenant of the affidavit permitted in suAsection
    3, regardless of the information contained in the affidavit, and the fiing #y the
    andord of the affida)it permitted #y su#section 7, the 6ustice court or the
    district court sha hod a hearing, after service of notice of the hearing upon
    the parties, to determine the truthfulness and sufficiency of any affidavit or
    notice provided for in this section))) 7f the court determines that there is a legal
    defense as to the alleged unlaCful detainer, the court shall refuse to grant either
    party any relief, and, e1cept as otherCise provided in this suAsection, sha
    re>uire that any further proceedings #e conducted pursuant to N-S
    54,314 to 54,534 , inclusive)))Y
    - 469-
    1
    2
    /he +BC impermissiAly held the 3!".!"# summary e)iction proceeding in 37. before Gern
    filed a 6anlord4s <ffidavit in violation of N+* 4%)#.3('4s dicates: Q))) B,JJ+pon the fiing #y the
    tenant of the affida)it permitted in su#section 0, regardess of the information contained in the
    affida)it, and the fiing #y the andord of the affida)it permitted #y su#section 7, the 6ustice
    court or the district court sha hod a hearing, after ser)ice of notice of the hearing upon the
    parties, to determine the truthfuness and sufficiency of any affida)it or notice pro)ided for in
    this section,,,=
    (never mind that the one Gern had filed after the summary e)iction proceeding conveniently managed
    to change the Aasis for see5ing e)iction to one Aased upon non2payment of rent, rather than the QNo
    Cause /ermination NoticeY posted on the door of Coughlin4s former home laC office on #!"3!"# in
    374, Chich indicated that Coughlin had . days to leave and Cas entitled to no more Notice give his
    Cas a Q/enancy <t2?illY)))this remi1ing of the Aasis for see5ing and e)iction and recharacteriIation
    of the type of Notice served on Coughlin is especially duAious given the authority and argument cited
    in Coughlin4s 3!&!"# filed /enant4s <nsCer, Chich points out that the landlord is prevented from
    utiliIing a summary e)iction proceeding to e)ict a commercial tenant such as Coughlin (Chom pled a
    commercial tenancy therein' Chere the non2payment or rent is not alleged, pled, or noticed (as there,
    given the No Cause /ermination Notice of #!"3!"# in 374') 0urther, Gern4s 6andlord4s <ffidavit is
    further suspect Chere, all of the sudden folloCing Coughlin4s 3!&!"# /enant4s <nsCer pointing such
    out, Gern sCitches gears and attempts to stear clear of the proAlems to her cause presented Ay the
    citation to the @laIier decision in consideration of the sCorn testimony Ay ?N94s *ue Ging and
    ;//8$< Board *ecretary *heila 6ester that the Board approved of the arrangement Cith Coughlin4s
    housemates (and arguaAly, the suAlessor there', Christopher <llaAac5 and 6aura 0oreshee (ne
    8arrison' (against Chom, on "!#3!"#, Couglin Cas aCarded /;$4s in 0-"#2%%%"&7 and "&&', though
    <llaAac5 and 0oreshee Cere the parties Couglhin called 9"" to complain aAout and see5 protection
    from incident to the "!"4!"# arrest for Qmisuse of emergency communciations Chen no actual or
    perceived emergency e1istsY of Coughlin ordered Ay the same +;D *argent *ifre Chom ordered
    Coughlin arrested for EayCal5ing Eust 4& hours previously at the other former home laC office from
    Chich Coughlin Cas Crongfully e)icted in %3#&)
    O-<E- <ENYIN. M(CC(-Y CO+.CLIN'S NOTICE O8 CLE-I'S O88ICE (N<
    CO+-T'S 8(IL+-E TO 8ILE CO+.CLIN'S NOTICE O8 (PPE(L, -EH+EST TC(T IT
    <O SO NO@N(N< MOTION 8O- -ELIE8 8-OM 9+<.MENT O8 02/72/3 (N< O-<E-
    O8 72/72/3 IN LI.CT O8 NE@LY <ISCO;E-E< E;I<ENCE (N< 8-(+< (N< N-CP
    B4$*&$5& (N< @(I;IN. TCE -EH+I-EMENT 8O- P(-I TE--(CE TO@NCOMES
    (SSOCI(TION TO 8ILE (N OPPOSITION TO M(CC(-Y CO+.CLIN'S NOTICE
    $n or aAout NovemAer ., #%"#, ;ro *e <ttorney 6itigant!tenant, Zach Coughlin (DCoughlinD'
    filed a Notice of Cler54s $ffice and Court4s 0ailure to 0ile Coughlin4s Notice of <ppeal, +e3uest /hat
    it Do *o NoC, and 9otion for +elief from Budgment if 3!".!"# and $rder of .!".!"# in 6ight of
    NeCly Discovered (vidence and 0raud and N+C; %(B'(4' (DNotice!9otionD') (though
    Coughin's Proof of Ser)ice indicates that Par" Terrace To!nhomes' management company
    and attorney !ere ser)ed, the Court has disco)ered that, in fact, neither !as ser)ed,
    /he Court has revieCed Coughlin4s Notice!9otion) /he Court has further considered the
    papers and pleadings on file herein, together Cith any attached e1hiAits, and the applicaAle laC)
    Based upon its revieC, the Court finds that there is no legal or factual Aasis for Coughlin4s
    Notice!9otion) @$$D C<:*( <;;(<+7N@ /8(+(0$+(, 7/ 7* 8(+(B> $+D(+(D that
    - 470-
    1
    2
    Coughlin4s Noticel9otion is D(N7(D) 7/ 7* 0:+/8(+ $+D(+(D that ;ar5 /errace /oCnhomes
    <ssociation is released from any re3uirement to respond to Coughlin4s Noticel9otion) D</(D this
    "4th day of NovemAer, #%"#) !s! Bac5 *chroeder, B:*/7C( $0 /8( ;(<C(Y
    /he approach Ay +BC Budge *chroeder and opposing counsel @ayle Gern, (s3), in 37. is
    interesting) Couglin receives Budge *hroeder4s $rder only from Gern, along Cith her Notice of (ntry
    of $rder) /hat is, the +BC and or Budge *chroeder do not mail Coughlin Budge *chroeder4s $rder, Aut
    rather, provide them to only Gern, Chom then serves them to Coughlin only Cith a Notice of (ntry of
    $rder, thereAy depriving Couglin of, potentially, a feC days or so to revieC such an $rder prior to the
    deadlines that Aegin running upon service of a Notice of (ntry of $rder Aeginning to run)
    <dditionally, Budge *chroeder4s $rder of ""!"4!"#, very curiously reads: Q (though
    Coughin's Proof of Ser)ice indicates that Par" Terrace To!nhomes' management company
    and attorney !ere ser)ed, the Court has disco)ered that, in fact, neither !as ser)ed,= $ne can
    only Conder Eust Budge *chroeder and Qthe Court has discover that, in fact neitherY opposing counsel
    @ayle Gern, (s3), nor her unauthoriIed practitioner of laC!propery manager, ?estern Nevada
    9anagment4s *ue Ging QCer servedY if not Ay having impermissiAle e1 parte communications Cith
    Ging or Gern and or otherCise engaging in e1tra2Eudicial discussion and failing to aAide Ay the
    estaAlished precedent in Nevada that a court4s adEuciatory Aoundaries are limited to those matters
    presented to it Ay the litigants, rather than Chat Qthe Court has discoveredY through some unnamed
    methodology) Budge *chroeder has a duty to avoid the appearance of Aias or impropriety)
    /he +BC file in 374 also contains a ;ost27t Note $rder Ay Budge *chroeder of 3!#7!"# in
    response to Couglin4s 3!#3!"# 9otion to *et <side the 3!".!"# 6oc5out $rder that readsY Cler5s,
    ;lease see if <tty for 66 is going to file a response) *end the file Aac5 to me in "3 days) B*Y)
    Couglin has never received an in3uiry or remind from any +BC Budge as to Chether he is going to
    respond to some filing Ay an opposing counsel) *uch a Note $rder may Ae interpreted to create an
    appearance of impropriety, particularly given the suAse3uent ""!"4!"# $rder Ay Budge *ferraIIa
    summarily disposing of Couglin4s ""!.!"# N+C; %(A'(4' 9otion!Notice and aAsoliving Gern of
    even having to file an $pposition thereto or otherCise address Couglin4s allegations of fraud on
    Gern4s part)
    <dditionally, Coughlin notes another appearance of the curious practice of the +BC and
    ?CD<4s $ffice characteriIing Coughlin as Qan attorneyY Chen it Could seem to suit Chat some
    might say is their agenda, and Qnot an attorneyY!suspended from the practice of laC, Chen it so suits
    the same to do so (ie, ?CD< DD< ?atts2-ial4s ""!"3!"# oAEection to Coughlin4s "%!3%!"# suApoenas
    on the #BDC
    vii
    ())) By your oCn admission at the top of the suApoena), you are temporarily suspended
    from the practice of laC) 7t folloCs that you have no authority to issue suApoenas, and that there is no
    duty to comply Cith the same) N+C; 4.(3')))Y', ?CD< DD< Gandaras4s ""!"4!"# 9otion to Juash
    Couglin4s suApoenas!duces tecums in %334" filed in %334", though also attaching associated
    supAoenas in %#%4 (Q/he parties re3uest that all suApoenas and suApoenas duces tecum issued Ay
    defendant Zach Coughlin Ae 3uashed Aecause they Cere not issued and served in accordance Cith
    N+* "74)3%.)))?ith respect to (1hiAits < and B, those suApoenas Cere not properly issued)))/he
    parties re3uest that the Court4s order issued NovemAer &, #%"# ((1hiAit D' Ae e1tended to the
    referenced suApoenas in (1hiAits < and B) *pecifically, paragraph # of that order states that Dany
    suApoena not properly issued Ay the cler5 or otherCise in accordance Cith N+* "74)3%. is hereAy
    3uashed)D *uApoena in (1hiAit < Cas not issued Ay the court)))Y', +BC Budge *ferraIIa4s ""!&!"#,
    ""!"!"#, and ""!"9!"# $rders Juashing Coughlin4s *uApoenas and granting the +eno City <ttorney
    - 471-
    1
    2
    *5au4s 9otion for a /emporary ;rotective $rder preventing Coughlin from Aeing aAle to even have
    any neC suApoenas issued Ay the +BC)
    +BC Budges Clifton and *ferraIIa have indicated they vieC it as Coughlin4s fault that he
    issued and or had issued and or had served so many suApoenas on or around $ctoAer 3%
    th
    , #%"# in
    Aoth %334" and %#%4) /hey do not vieC the ". different arrests of Couglin this year as over5ill Ay
    the local Eudiciary and laC enforcement!prosecutors as having some role in attempted utiliIation fo
    such suApoenas, the oAstructionist approach Ay the ?ashoe County ;uAlic Defender4s $ffice in
    fighting to stay on as attorney of record in Coughlin4s cases in %334" and %.3% as long as
    possiAle, only to, at the last minuted (usually at the ". day deadline prior to /rial to file a ;re2/rial
    9otion, oAtain and $rder alloCing the CithdraCal of ?C;D Bim 6eslie, (s3), or Biray Dogan, (s3),
    leaving Coughlin to ma5e up for lost time in terms of using suApoenas for his defense', or the as a
    mitigating factor Budge *ferraIIa4s e1press indication, on the record on "%!##!"# in %334" that he
    aAsolutely Could not grant Coughlin a continuance of the continuation of /rial in %334" he then set
    for ""!"9!"# despite Couglin indicating that the *tate Bar of Nevada Cas to hold Coughlin4s formal
    disciplinary hearing on ""!"4!"#) <t that same hearing, shortly after announcing that he had refused
    the *BN4s re3uest to testify at that ""!"4!"# formal disciplinary hearing, Budge *ferraIIa failed to
    disclose the 4!""!"# Critten correspondence and voluntary suAmission of Coughlin4s #!#"!"# filing in
    %.3%, the doc5ets in %.3% and %334", and the offer to send Couglin4s #!".!"# ;re2/rial 9otion
    in %334" to the *BN to Coughlin) *uch a failure to disclose his Budicial *ecretarie4s suAmission to
    the *BN Ay Budge *ferraIIa arguaAly creates the appearance of impropriety and or an inference
    supporting of a finding of evident impartiality or Aias)
    /he +BC file in 374 contains another curiousity Chere, upon Couglin
    Couglin Cas charged Cith a gross misdemeanor necessitating a H3%% Aail e1penditure, and to
    Chich Couglin Cas entitled to representation Qat all stages of the proceedingsY, despite his ?C;D
    Biray Dogan failing to appear on his Aehalf (as had Aeen agreed to upon Couglin and Dogan
    discussing the matter on #!&!"# in person' at the #!"4!"# arraignment (Chich the +BC has not
    characteriIed in its doc5et as QcancelledY, apparently to protect Dogan from a potential +;C
    violation)))though +BC Budicial *ecretary 6ori /oCnsend did manage to voluntarily send the *BN, in
    her 4!""!"# email to <sst) Bar Counsel Ging, Coughlin4s #!#"!"# file stamped Notice of <ppearance,
    etc) in that matter, +BC +C+#%"#2%.3%, along Cith the doc5ets in that case and another retaliatory
    prosecution of Coughlin in %334", in addition to offering to send Coughlin4s #!".!"# ;re2/rial
    9otion in %334" as Cell in an attempt to cause Coughlin difficulties Cith the *BN, in an apparent
    retaliatory move in connection Cith Coughlin4s summary e)iction in "7%&, issues Cith +BC Bailiffs,
    and the criticisms of the process one might read into Coughlin4s #!#"!"# filign in %.3%, Chich is
    cited in Bar Counsel4s &!#3!"# Complaint thusly:
    Q9) $n 0eAruary #") #%"#) +espondent filed a document entitled, Notice
    of <ppearance (ntry of ;lea of Not @uilty, ?aiver of <rraignment, 9otion to
    Dismiss, etc) in one of his pending criminal matters, Case No) +C+2#%"#
    %.3%, City of +eno v) Zachary Coughlin) /he document clearly shoCs
    +espondent4s unprofessional, disruptive conduct, and lac5 of respect for the
    court and opposing counsel) Q
    - 472-
    1
    2
    Coughlin suAse3uently filed a grievance against Dogan Chich <sst) Bar Counsel Ging
    promptly failed to investigate in any discerniAle manner and dismissed Cithout assisgning it a
    grievance numAer, alleging an inaAility to prove Ay the Qclear and convicing evidenceY standard any
    ethicial or +;C violation Ay Dogan, despite Dogan4s failure to appear at the #!"4!"# gross
    misdemeanor arraignment Aeing re3uired Ay statute)
    Ging similarly issued a dismissal letter to Couglin of a grievance Couglin filed against his
    then +9C court appointed defender Geith 6oomis, Chich alleged, amongst other things, a lac5 of
    Iealous advocacy, competence, diligence, and a failure Ay 6oomis to adhere to the dictates of +;C
    3)" in refusing to assert a claim of right defense on Coughlin4s Aehalf to the criminal trespass
    prosecution Chere 8ill and Ba5er admitted verAally and in Criting that they Cere charging Coughlin
    the same H9%% previously charged for full use and occupancy of his former home laC office at "#"
    +iver +oc5 during the month of NovemAer #%"", Chere Couglin as arrested at his former home laC
    office on ""!"3!"" for criminal trespass)
    Ging4s Complaint also goes on to allege:
    Q"%) +espondent Cas arrested on NovemAer "3, #%"" Ay +eno ;olice
    Department and charged Cith trespassing, a misdemeanor, for Chich he Cas
    later convicted)
    "") /he circumstances leading to the aAove2mentioned arrest are as
    folloCs: at an hearing Bustice of the ;eace ;eter *ferraIIa ordered that
    +espondent vacate the home he Cas renting effective NovemAer ", #%"") <fter
    the loc5s Cere changed and the notice Cas posted on the front door the oCner,
    Dr) 9erliss, discovered that someone had Aro5en into the home and Cas
    Aarricaded in the Aasement) /he +eno ;olice tried to coa1 Choever Cas in the
    Aasement to open the door) Dr) 9erliss Cas forced to 5ic5 open the door Chere
    the +eno ;olice found +espondent) +espondent had Aro5en into the home and
    living in the Aasement) +espondent Cas arrested for criminal trespass and Cas
    suAse3uently convicted of that charge)
    "#) +espondent, representing himself as co2counsel, filed a 32page
    motion to dismiss on 9arch ., #%"#) /he motion Cas denied Ay Budge ?illiam
    @ardner and Cas determined to Ae Cithout merit) /he motion, on its face,
    demonstrates that +espondent lac5s competence to practice laC)YY
    0urther, Ging4s refusal to alloC Coughlin to even see or revieC the materials suAmitted along
    Cith Budge 8olmes4 3!"4!"# grievance and any other materials suAmitted Ay the +9C (including the
    #3 (1hiAit suAmission of 4!"!"#, that did include Coughlin4s 3!.!"# 9otion to Dismiss in the
    criminal trespass matter Aefore Budge ?) @ardner in #4%.' hampered the conflict!Eudicial
    dis3ualification analysis attendant to a numAer of cases, including that criminal trespass prosecution)
    - 473-
    1
    2
    Coughlin Aelieves he Cas on time for the &:3% am hearing on 3!".!"#, though the B<-* audio
    recording!video Couglin paid the +BC H3. for (it is only # minutes "# seconds long' has a visual
    time stamping indicating a start time of the recording the +BC provided to Couglhin of &:33:3. am
    on 3!".!"# (the +BC hrlf itself out to the puAlic at all relevant times as starting such hearings and
    stac5ed doc5ets at &:3% am') +egardless, the 6andlord4s <ffidavit that Gern filed after that summary
    e)iction hearing is file stamped as Aeing filed at 9:#4 am) /he audio transcript of that 3!".!"#
    summary e)iction hearing reveals +BC Budge *chroeders Eudicial assistant prompting him to go out
    of the $rder he had planned to hear the cases on his stac5ed doc5et in in order to, hopefully, speed
    through a default against Coughlin, Chom the Cler5 notes on the audio transcript, had yet to shoC
    up that morning) *uAse3uently, Coughlin has received $rder from Budge *chroeder only Ay their
    Aeing attached to Notice of (ntry mailed out Ay Gern, curiously) 0urther, a recent $rder Ay Budge
    *chroeder curiously aAsolves Gern from needing to respond to Coughlin4s 9otion to *et <side the
    summary e)iction, noting that Budge *chroeder Qhas learnedY that Gern and Ging )))
    /he 3!".!"# 6oc5out $rder Ay +BC Budge *chroeder in 374 not only contains the wrong
    address of the Auilding from Chich Coughlin Cas actually e)icted later that day, Aut further Cas
    signed and file stamped in priory to Gern filing a sCorn 6anldord4s <ffidavit as re3uired Ay laC,
    containing the assertions and information re3uired Ay N+* 4%)#.3) /hat 3!".!"# 6oc5out $rder
    reads:
    Q:;$N <;;67C</7$N duly and regularly made Ay ;ar5 /errace
    /oCnhornes, 6andlord, and proof therein, supported #y a s!orn
    (ffida)it on the date hereinafter mentioned, and good causing appearing
    therefore, 7/ 7* 8(+(B> $+D(+(D, <DB:D@(D <ND D(C+((D
    <* 0$66$?*: /hat the *heriff of ?ashoe County, or one of their duly
    authoriIed agent, are hereAy directed to remove each and every person
    found upon and Cithin those certain premises located at "44# ( 9th */
    +eno N- &9."#, +eno ?ashoe County, Nevada Cithin #4 hours after
    receipt of this order )Y
    /he 3!".!"# +BC +ev#%"#2%%%374 6oc5out $rder taped to door Ay ?C*$ Cith fa1 header
    from +BC timed &:#4 am though file stamped 9:33 am ;//8$< Ccso %#%4) /he ?C*$ Civil
    Division has indicated to Coughlin, Aoth through 6iI *tuchell, +o1y *ilva, and 9aureen, that the
    +BC fa1es 6oc5out $rders to the ?C*$ Civil Division, and the ?C*$ ta5es the fa1, inputs Ay hand
    into a softCare program the time of QreceiptY of such $rder (Chich is not necessarily the same as the
    time of receipt of the fa1 as indicated Ay the time stamping and fa1 numAer received from shoCn in
    the fa1 header as printed onto the 6oc5out $rders Ay the ?C*$ Civil Division fa1 machine',
    Chereupon no copy of such fa1 is made or maintained Ay the ?C*$ Civil Division, Aut rather, that
    fa1ed 6oc5out $rder is then given to the Deputies Chom Cill perform the loc5out QCithin #4 hours
    of receiptY of that 6oc5out $rder, and that such loc5out procedure includes taping that fa1ed
    6oc5out $rder to the tenant4s door) Coughlin maintained the e1act fa1ed 6oc5out $rder that ?C*$
    Deputies CanniIaro and DurAen taped to his door on 3!".!"# at appro1imately ":4. pm at "4## ()
    9
    th
    *t) ]# (shortly Aefore the 3!".!"# hearing Aefore N-B Budge Bessley in Cadle Co) v) Geller that
    Budge Beesley testified to at the ""!"4!"# 8earing, at first indicating that Coughlin did not have a
    Eac5et on Chen appearing at the hearing, Aut then later admitting on cross e1amination that
    Couglhin, in fact, Cas Cearing a suit Eac5et during that appearance)
    /he 6oc5out $rder in 374 is li5e most every 6oc5out $rder issued Ay an +BC Budge, even
    though the landlord had an attorney representing it) /he +BC has indicated to Coughlin (through
    - 474-
    1
    2
    Chief Civil Cler5 Garen *tancil and Cler5 Bonnie Cooper' that, Chen an attorney is representing the
    landlord, the attorneys Cill typically prepare their oCn $rders, and that the attorneys Cill then
    arrange for such $rders to Ae delivered or transmitted to the ?C*$ Civil Division) /hat assertion
    runs counter to the sCorn testimony Ay 8ill4s associate Casey D) Ba5er, (s3), at the criminal trespass
    prosecution trial of Couglhin on !"&!"# in +9C #4%., Chere Ba5er sCears:
    +egardless, neither the "%!#.!"" e)iction Decision and $rder, nor the "%!#7!"" 0$0C$6 and
    $rder of *ummary e)iction in "7%& contains the language re3uired Ay N+* 4%)#.3 found aAove in
    the 6oc5out $rder Ay Budge *chroeder in 374 (Q /hat the *heriff of ?ashoe County, or one of their
    duly authoriIed agent, are here#y directed to remo)e each and e)ery person found upon and
    !ithin those certain premises located at (insert address of rental here', +eno ?ashoe County,
    Nevada !ithin 35 hours after receipt of this order,Y
    0urther, Cith respect to the criminal trespass prosecution of Coughlin in #4%. Aased upon
    an arrest on ""!"3!"" of Coughlin at his former home laC office at "#" +iver +oc5 *t), &9."#, no
    language in either the "%!#.!"" e)iction Decision and $rder, nor the "%!#7!"" 0$0C$6 and $rder
    of *ummary e)iction in "7%& could reasonaAly Ae said to Ae tantamount to a Carning sufficient to
    support a finding that Coughlin4s presence at the location alone (Cithout any further Carning, re3uest
    that he leave, or signage Carning against trespassing' Could suffice to support a conviction for
    criminal trespass) ?here +C< 8aIlett2*teven4s suggestion that *tate v) 9cNichols supported such
    a finding Cas e1pressly cited Ay +9C Budge 6) @ardner, a lac5 of due process is evident,
    particularly Chere Budge @ardner ruled as QirrelevantY Coughlin4s contentions that neither of those
    $rders in "7%& Cere appropriately served (never mind the fact that the $rders Cere stale in one
    respect, and the loc5out Cas effectuated too early in other respects, much less that voidness for lac5
    of Eurisdiction of the $rders themselves in light of N+* 4%)#.3('4s dicates
    7t is rather curious that it Cas on that same #!#7!"# date as the Qsimple traffic citation trialY in
    +9C #&%% Aefore Budge Nash 8olmes resulting in an *C+ "%. Complaint against Coughlin and a
    . day summary incarceration and confiscating Cithout a Carrant an not pursuant to a search incident
    to arrest of Coughlin4s 8/C @# smart phone, free standing 3# @B micro *D data card, *amsung flip
    phone, and Braun electric shaver for 37 days, at Chich point the items Cere returned to Coughlin
    Cith all data thereon Ciped, damaging Couglin4s laC practice, ma5ing it overly difficult to
    compensate for the sudden . day summary incarceration and imprudent denial of a stay Ay Budge
    8olmes on #!#7!"#, or to 5noC of or attend the 3!"#!"# continuation of the trial Aefore her in #&%%,
    Chich Cas improperly held given the competency issues Budge Nash 8olmes herself found to Ae in
    3uestion as to Coughlin in Aoth her #!#&!"# $rder (Chich Coughlin did not receive until finding it
    attached to a filing in %97. in mid Bune #%"#, given the +9C mailed it to the "#" +iver +oc5
    address that it 5neC Cas no longer good for Coughlin, and Chere the +9C had Aeen provided
    Coughlin4s then current "4## () 9
    th
    *t) ]# address on multiple occassions, including in a #!#3!"#
    filed 9otion to *et <side the Qcandy Aar and cough dropsY conviction in ##"7 in the matter Aefore
    +9C Budge 8oCard, Chich Cas the suAEect of a +9C Budge meeting discussing the strategy the
    +9C Could ta5e Cith Coughlin prior to the #!#7!"# trial date) *o, Budge 8olmes4 contention, in her
    3!"4!"# Qformal Critten complaintY against Coughlin to the +9C that she Cas having such difficulty
    contacting Coughlin given the four or so different addresses the +9C had for him (noting that she
    had Qheard he may Ae living in his carY)))Chich indicates, along Cith the premature 6oc5out $rder
    entered at &:#4 am, per the time stamped fa1 header in 374, Ay +BC Budge *chroeder the very ne1t
    day, 3!".!"#, that +9C Budge Nash 8olmes, and +BC Budge *chroeder had e1tra2Eudicial
    - 475-
    1
    2
    discussions related to Coughlin (perhaps that is Chere Budge 8olmes Cas AetCeen ":3% pm and
    3:%%pm Chen her Budicial <ssistant can Ae heard on the record remar5ing as to hoC strange it Cas
    that no one could figure out Chere Budge Nash 8olmes Cas e1actly, indicating 8olmes may have, Ay
    that point, ventured over the +BC for a little strategiIing as to the approach Cith Coughlin') ?hat is
    strange is that the fa1 header on the 3!&!"# file stamped /(N<N/4* <N*?(+ <ND /(N<N/*
    <007D<-7/!D(C6<+</7$N /$ 3% D<> N$/7C( /$ J:7/= 9$/7$N 0$+ *<NC/7$N*
    <ND <//$+N(>4* 0((* indicates that that filing Cas received Ay the +BC on #!#7!"#)))further, a
    file stamping of 3!.!"# can Ae seen on that filing, though it is crossed out and mar5ed as Qfiled in
    errorY) 9ost li5ely, the 3!&!"# file stamping, compared to the #!#7!"# fa1 header date stamping of
    receipt Ay the +BC is oCing to the +BC not filing in the /enant4s <nsCer Chere the 70; suAmitted
    along Cith Cas denied, until Coughlin paid the H33 filing fee, Chich he ultimately did, li5ely on
    3!&!"#)
    Couglin4s 3!&!"# /enant4s <nsCer in 374 contains, in part, the folloCing argument and
    citation:
    Q)))C$9(* N$?, the undersigned /enant and states: ") 7 am the tenant of a rental
    united located at "4## () 9th *t) ]#, +eno &9."#) #) my rent is not suAsidiIed Ay
    puAlic housing authority or other governmental agency) @laIier v) Bustice Court of
    *mith -alley /p), """ Nev) &4, &99 ;)#d ""%. (Nev) Bul #7, "99.': D*ummary
    e)iction statute alloCing landlord to apply to Eustice4s court for e)iction order Aased
    on default in payment of rent did not apply to unlaCful detainer action against tenant
    Cho never paid any rent nor Cas re3uired to pay any and, thus, summary e)iction
    order Cas outside Eurisdiction of Eustice4s court) N)+)*) 4%)#.3))$n 9arch ", "993,
    +ichard 0ulstone, president of 0ulstone, served @laIier Cith a thirty2day notice to
    3uit the property) @laIier failed to vacate the premises,and on <pril #, "993, 0ulstone
    served @laIier Cith a five2day notice) /his notice e1pressly threatened an action in
    Eustice4s court for e)iction, pursuant to N+* 4%)#.3,0N" the summary e)iction
    statute) 0N") N+* 4%)#.3 alloCs a landlord to apply to the Eustice4s court for an
    e)iction order Aased on default in payment of rent) 7f the tenant can shoC, Ay
    affidavit, a legal defense to the alleged unlaCful detainer, further proceedings must Ae
    conducted pursuant to the more formal e)iction procedures in N+* 4%)#9% to 4%)4#%)
    7f, on the other hand, the tenant fails to shoC a legal defense to the alleged unlaCful
    detainer, then the Eustice4s court may issue a summary order for removal of the tenant)
    /he Eustice4s court held a hearing pursuant to the provisions of N+* 4%)#.3 and
    ordered that @laIier vacate the property Cithin thirty days) @laIier then filed a
    petition for a Crit of certiorari Aefore the district court, alleging that the Eustice4s court
    e1ceeded its Eurisdiction under the QsummaryY e)iction provisions of the statute Ay,
    inter alia, in3uiring into matters Aeyond the truthfulness and sufficiency of the
    affidavits, and failing to dismiss the QsummaryY e)iction proceeding once a legal
    defense had Aeen raised) /he district court held a hearing on the Crit petition and
    denied the petition) $n appeal to this court, @laIier argues that, pursuant to N+*
    4%)#.3, once he raised the legal defense that he Cas a life tenant under the grant of a
    life estate, the Eustice4s court Cas oAligated to dismiss the QsummaryY proceeding and
    to re3uire that the landlord prosecute his unlaCful detainer action under the QplenaryY
    e)iction proceedings provided for in N+* 4%)#9% to 4%)4#%) ^^""% <lthough
    @laIier4s argument is logically sound, it is simply irrelevant) 7t is clear that, despite all
    the proceedings AeloC and the arguments of the parties Aefore this court, N+* 4%)#.3
    - 476-
    1
    2
    does not apply to this case) /he statute is applicaAle QChen the tenant of any dCelling
    L M Cith periodic rent reserved Ay the month or any shorter period, is in default in
    payment of the rent)Y ((mphasis ^& added)' <ll parties to this action concede that
    @laIier never paid any rent, nor Cas he re3uired to pay any) 7t may Ae that 0ulstone is
    entitled to have @laIier removed from the property, Aut not pursuant to N+* 4%)#.3)
    /here Cas no case or controversy Aefore the Eustice4s court Aased on N+* 4%)#.3, and
    accordingly, the Eustice4s court e1ceeded its Eurisdiction Ay issuing the summary
    e)iction order) <ccordingly, Ce reverse the Eudgment of the district court and remand
    to the district court Cith directions to grant the Crit) 0urther, Ce order that the
    e)iction order entered Ay the Eustice4s court Ae vacated) Nev),"99.) @laIier v) Bustice
    Court of *mith -alley /p) """ Nev) &4, &99 ;)#d ""%., *ee, also, Nev),"99) 6ippis
    v) ;eters ""# Nev) "%%&, 9#" ;)#d "#4&)))D (page 4')))7 have a lease Chich has not
    e1pired and the landlord has not given me notice that they!she is terminating my
    lease) 9y lease alloCs me to use the premises for a hyArid purpose of a home laC
    office, ie a commercial lease, as such the No Cause type of e)iction is not availaAle
    here, especially Chere, as her, my lease has not terminated Ay its terms as of yet) 7
    have not received a notice from the landlord telling me to leave the premises) they
    can tal5 aAout Chat they told DBohn DoeD to do, Aut)))<it5en re3uires they change any
    DBohn DoeD notices to reflect my actual name one they Cere apprised of it) /he Cere
    as early as Banuary .th, #%"" according to *ue Ging, yet they failed to serve
    appropriate notice)) 7f 7 have ever oCed the landlord any rent, 7 have paid it all or
    have paid it Cithin the time re3uired Ay laC) <ssociation4s negligence vis a vis 6aura
    and Chris4s negligent andintentional torts committed against me, Chich have resulted
    in thousands of dollars of damages) ;lease copy me on any and all correspondence
    via fa1 or email as the landlords and or their argents have Aeen or areCithholding my
    mail or otherCise interferring Cith my acces to it, and they have also done Cith
    respect to the essential service of electricity)) <ssociation4s negligence vis a vis 6aura
    and Chris4s negligent andintentional torts committed against me, Chich have resulted
    in thousands of dollars of damages) ;lease copy me on any and all correspondence
    via fa1 or email as the landlords and or their argents have Aeen or areCithholding my
    mail or otherCise interferring Cith my acces to it, and they have also d ?ritten
    complaint to ;/8$<4a employees or agents, causing ;/8$< to retaliate against
    Coughlin Cas provide on Banuary &, #%"# in tCo separate Critings, Chich alleged:
    D;ursuant to N+* ""&< and N+* 4%, 7 am hereAy complaining in Criting of yours
    and 6aura 8arrison4s violation of the folloCing criminal laCs: < felony conviction for
    malicious destruction of private property under N+* #%)3"% and "93)".. must Ae
    C7-76 67<B767/> 0$+ 6$** $+ D<9<@( /$ ;+$;(+/> N+* #%.)9&%
    Determination of value of loss from crime= notice to victim= order of restitution
    deemed Eudgment to collect damages) C8<;/(+ #% 2 9<67C7$:* 97*C87(0
    N+* #%)%%. Q@raffitiY defined) N+* #%)%"% Destruction or damage of property Ay
    unlaCful assemAly) N+* #%)%". Destruction or damage of crops, gardens, trees or
    shruAs) N+* #%)%4% (ntering property Cith intention to damage or destroy property)
    N+* #%)"#. Damage of property used for purpose of religion, for Aurial or
    memorialiIing of dead, for education, as transportation facility, as puAlic
    transportation vehicle or as community center= damage of personal property
    contained therein= penaties= restitution) N+* #%)"4% Nuisance in Auilding= trespass
    - 477-
    1
    2
    upon grounds= disturAing assemAly) N+* #%)".% Gilling, maiming, disfiguring or
    poisoning animal of another person= 5illing estray or livestoc5) N+* #%)"% 6eading
    or driving horse aCay Cithout authority) N+* #%)#%% ;osting of Aills, signs or
    posters unlaCful) N+* #%)##% +emoval, alteration or destruction of monuments or
    landmar5s designating Aoundaries) N+* #%)#% 0raudulent and malicious
    destruction of Critings) N+* #%)#7% Defacing proclamations and notices) N+*
    #%)#&% /ampering Cith papers) N+* #%)#9% $pening or puAlishing sealed letter or
    telegram) N+* #%)3%% 0alse signals endangering cars, vessels or motors) N+*
    #%)3"% 7nEury to other property) N+* #%)3#% :nlaCful removal of petrified Cood
    from posted or designated sites= duties of certain officers) N+* #%)33% ;lacing
    graffiti on or otherCise defacing property: 0ines and penaties= parent or guardian
    responsiAle for fines and penaties if person violating section is under age of "&
    years= suspension of driverRs license) N+* #%)33. Carrying graffiti implement at
    certain locations Cith intent to vandaliIe, place graffiti on or deface property) N+*
    #%)34% @raffiti +eCard 0und created= administrative assessment to Ae imposed for
    certain violations= use of money in 0und) N+* #%)34. ;erson or entity to Ae paid if
    restitution is ordered for violation of N+* #%)"#. or #%)33%) Zach Coughlin, (s3)D
    /he second Criting: D/his is additional Critten notice pursuant to N+* ""&< and
    N+* 4% complaining of and re3uesting repairs and reimAursement for the folloCing:
    no cgfi outlet near sin5 in upstairs Aathroom) you Aro5e the door to my room and the
    loc5 and failed to provide a 5ey laura harrison slashed tCo of my tires, necessitating
    H".% in repairs) >ou threC hot coffee on me and ruined my htc @# smartphone, a
    H4%% phone you have Areached are deal Cith respect to my Aeing alloCed to Ae neC
    carpet over the very dirty carpet doCnstairs) >ou have repeatedly used force and
    threat of force to prevent me from accessing the Cashing machine doCnstairs for
    doing laundry and prevented my use of the 5itchen >ou admitted to changing the
    deadAolts on the front and Aac5 door4s on NeC >ears day at "#:3% am, loc5ing me
    outside on a night Cith freeIing temperatures, necessitating an e1pense of H% for
    alternate lodging that night) 0urther, you and 6aura 8arrison have unlaCfully
    interrupted an essential service, my electricity, repeatedly) N+* ""&<)39%) ;lease
    cure these issues or 7 intend to deduct them from any future rent) 7 am complaining of
    yours and 6aura 8arrison4s violations of criminal laC statutes 9y dog had cheCing
    gum stuc5 in its hair in several places, in a manner that suggests it Cas purposefully
    done) 7 Cill remind you that aAuse to animals is included in the ;rotection $rder
    *tatutes) 0urther, you and 9s) 8arrison are in violation of federal laC in preventing
    my access to the mailAo1 included in our agreement, as it Cas agreed that 7 Could Ae
    afforded the opportunity to receive mail at the "4## () 9th */) ]# <ddress and use of
    the mailAo1) *incerely, Zach Coughlin, (s3)D (pages "&2#%'))))))
    )))/he landlord4s Complaint fails to state facts Chich Could alloC him!her to e)ict me,
    further Ging and ?estern Nevada 9anagement and *hiela 6ester have admitted they
    received nothing pursuant to their arrangement Cith <llaAac5 and 0oreshee, as such
    the Nevada *upreme Court holding in @laIier ma5es inapplicaAle a summary
    e)iction proceeding) 0urther, Chere, as here, my lease alloCs me to use the premises
    for a home laC office, and the non2payment of rent has not Aeen alleged, N+* 4%)#.3
    ma5es inapplicaAle a summary e)iction procedure under those circumstances, rather,
    a plenary procedure is re3uired) +egardless, a proper Eury trial demand is hereAy
    - 478-
    1
    2
    made) /here is perhaps another person against Chom this action should Ae Arought,
    namely (rin <llaAac5 and 6aure 0orshee) 7 have not Aeen properly named in the
    notices) +ather, the Notice purportedly posed on Banuary "%th, #%"# only names a
    DBohn DoeD despite my numerous Critings to ?estern Nevada Cherein my name Cas
    madse clear) /he <it5en case ma5es clear that the procedural and notice re3uirements
    of summary e)iction matters must Ae stricly adhered to, as such this DBohn DoeD
    notice is ineffective) 7 have other defenses as folloCs: retaliation, discrimination, lac5
    of allegation of nonpayment of rent, 8$< admitted tenants Cere not oAligated to pay
    rent, as such, under @laIier, summary e)iction procedures unavailaAle)
    79;$+/<N/: 7n some cases, the Court has the poCer to give you time to find a neC
    place to live even if you do not have any of the listed defenses) 7f you Cish the Court
    to determine Chether you are entitled to it, please chec5 AeloC: 7 have provided
    Critten re3uest to landlord for an e1tension of 3% days in light of my disaAility) 7 am
    Criting to re3uest the 3% days e1tension Aased upon disaAility) 7 am invo5ing my
    87;<< and other privacy rights Cith respect to divulging anythign further aAout my
    disaAility) C$:N/(+C6<79 7f you Aelieve that you are entitled to a return of part of
    your rent payment or other damages from the landlord, complete the statement AeloC:
    7 here Ay counterclaim in e1cess of H"%,%%% in damages) 7 feel that 7 am entitled to
    this amount for the folloCing reasons: damages to myself, my clients, and my
    practice in light of landlord4s and landlord4s agents actions) 6aura and Chris Aeing the
    <ssociations employees and therefore you guys or them Canted to settle Cith me on
    account of a respondeat superior theory of liaAility ma5ing your e1posure significant
    enough to Eustify doing so) <ssociation4s negligence vis a vis 6aura and Chris4s
    negligent andintentional torts committed against me, Chich have resulted in
    thousands of dollars of damages) ;lease copy me on any and all correspondence via
    fa1 or email as the landlords and or their argents have Aeen or areCithholding my
    mail or otherCise interferring Cith my acces to it, and they have also done Cith
    respect to the essential service of electricity) (pages #2#&'!!!Being an attorney is hard
    enough Cithout dealing Cith all of ;ar5 /errace4s malfeasance)D Coughlin also,
    Cithin that 3!&!"# file stamped filing, sought sanctions: <Carding <ttorney4s 0ees to
    ;ro *e 6itigants :nder +ule "", Bune, "997, 9. 9ich) 6) +ev) #3%&, Beremy D)
    *pector))))?8(+(0$+(, tenant, Zach Coughlin, prays that this Court rule that a
    summary e)iction proceeding is unavailaAle to landlord here and aCard in e1cess of
    H"%,%%% damages to /enant!Counterclaimant) (page 3"')))Y
    <lso, the 3!&!"# Case <ppeal *tatement Couglhin filed in the appeal of the first summary
    e)iction from Coughlin4s former home laC office, Aefore Budge 0lanagan, contains a great deal of
    inflammatory information related to +9C, +;D, +eno City <ttorney, +BC, ?C*$, and others that
    ought Ae considered in evaluating the events, orders, and grievances that ensued on 3!"#!"# ($rder
    Ay +9C 8olmes in #&%%', 3!"4!"# (greivance Ay 8olmes to the *BN against Coughlin and
    suAmission Ay 8olmes of 4!"3!%9 $rder <fter /rial of Budge 6) @ardner, Chich ?6* (see %3%# and
    %3"7' cited, in (1ec) Director (lcano4s .!"!%9 and .!7!%9 letters to Coughlin e1plaining his
    suspension and termination as the sole reason for Aoth (that 4!"3!%9 $</ resulted in Coughlin filign
    .3&33 and .4&44, Chich (lcano, Chom testified to Aeing Qvery protective of my employeesY claime,
    in his sCorn testimony, to have either not Aeen aCare of or to not have revieCed at all)))somehoC
    (lcano decided not to even Cait for Budge 6) @ardner to rule on Coughlin4s 4!#7!%9 or 4!3%!%9
    9otion for +econsideration Aefore deciding to fire Coughlin, though (lcano4s testimony on ""!"4!"#
    - 479-
    1
    2
    revealed the e1tent to Chich (lcano has a complete lac5 of 5noCledge Cith respect to the
    suAstantive issues involved in %""&)))(lcano Eust 5noCs he Cants to do Chatever the Budge Cants,
    despite (lcano admitting to having QmentoredY and QtrainedY Coughlin Cith such advice as QChen
    you Cal5 into that courtroom, its not the opposing counsel4s courtroom, its not the Eudges
    courtroom))))its >$:+ courtroom_Y)
    +egardless, the *BN Cas provided the #!#3!"# filing Ay Coughlin in ##"7 (it Cas included
    in the ""!&!"# 3,#%% page document production to Coughlin Ay the *BN', Chich contained argument
    critical of the handling of the prosecution of Coughlin incident to the ""!3%!"" /rial, and immediate,
    stay denied, 3 day summary contempt incarceration of Couglin Ay +9C Budge 8oCard, Chom had
    denied Coughlin Aoth court appointed Counsel (despite failing to specifically rule that Eail time Cas
    not a possiAility and the mandatory authority found in the #%%& Nevada Courts of 6imited
    Burisdiction Bench Boo5 Q5noCn to all EudgesY in Nevada Ay the <igersinger :)*) *upreme Court
    case') +egardless, the +9C received as QundeliveraAleY the #!#&!"# $rder in #&%% that it mailed
    Coughlin, then proceeded to fail to remail it to any of the other addresses it had for Coughlin, much
    less the most current one indicated on Coughlin4s #!#3!"# filing in ##"7, or even on Coughlin4s
    3!7!"# or 3!"#!"# filings in #&%%, much less fa1 or email it to the numAer and address held out Ay
    Coughlin on his filings and at CCC)nvAar)org)
    /hat #!#7!"# traffic citation trial in the +9C resulted in 8olmes sending a Critten grievance
    against Coughlin to the *BN, N@"#2%434, apparently (the *BN has Aeen very evasive aAout Chich
    greivance numAer Aelongs to Chich greivance or grievant, ma5ing it difficult to folloC +;C 4)# Cith
    much certainty, to the Aenefit of the *BN, Chich has managed to enEoy much synergy Cith the
    ?CD< (particularly /;$!(;$ <pplication suggester DD< 9ary Gandaras and DD< David ?atts2
    -ial (relation of #BDC <dministrative <ssistant, 6aura ?atts2-ial, (s3), Aefore Chom Coughlin as a
    :70*< case that threatened the hegemony of the ?CD< 0amily *upport Division4s hegemony in
    0-""2%3379, @) Bones v) D) 8arris' a companion case to the 0-%. custody matter for Chich
    Coughlin did an enormous amount of Cor5 Aut Cas only paid aAout H"%%)%% of the agreed upon
    H",.%%, so the Chole <ffidavit of ;overty Cith the +9C and Ging, 8olmes, and +9C Budge
    8oCard (in his "#!"!"" $rder in ##"7' ta5ing issue Cith Coughlin Aeing Qa licensed attorneyY
    Chile also claiming poverty, Chere also claiming his Qincarceration Could preEudice his client4sY
    cases is not all that non2sensical)
    $ne must give Ging and the +9C Budges some latitude there, though, as, Aeing government
    employes and or elected officials, it must Ae aCfully hard for them to imagine someone Cor5ing
    Cithout getting paid) 0or Ging, it is proAaAly difficult for him to imagine someone wor,ing to get
    paid, and similarly, Ging must have an inordinately difficult time imagining practicing laC Cithout
    the Aenefit of *C+ "% immunity) ;retty charmed life that ;at Ging lives) @ets to Aring his @reat
    Dane to Cor5 at the DouAle + office of the *BN) 6eaves prior to . pm according to Nevada 6aCyer
    contriAutor ;aula CampAell (the *BN4s Qfiling officeY occasionally closes in the middle of the day or
    prior to . pm, Chich, Couglhin can attest, ma5es securing a filing date and or file stamped copy
    rather proAlematic at times, as does Aeing suAEect to /;$s or (;$s, purportedly served Ay +eno
    Bustice Court Bailiffs in either the +BC 0iling $ffice or the Department of <lternative *entencing
    (D<*' 5ios5!closet Cith a CindoC located Cithin the +BC 0iling $ffice, adorned Cith signage
    pointing out the separateness of the D<* 5ios5!program from the +BC4s 0iling $ffice) Courthouse
    sanctuary doctrine and the general prohiAition against serving attorney4s process Chere they are
    accessing a court or filing office ma5es void Aoth the /;$ and (;$ for Aoth ?ashoe County in .99
    - 480-
    1
    2
    and the *BN in %7, nevermind the fact that the QCor5place protection orderY application and $rders
    are void for lac5 of the posting of the H"%%)%% Aond re3uired Ay statute)
    0urther, an email Couglin allegedly sent to his ?C;D, that inlcuded three different
    *BN employees in the list of recipients, the alleged implied threat contained therein Aeing nothign
    more than a url Aeing cited to that led to an audio clip only (ie, contrary to Ging and 6eslie4s
    contentions, there Cas no Qviolent videoY or Qscene from movie' that in no Cay could reasonaAly Ae
    interpreted to Ae a threat of any sort sufficient to meet the re3uirement for a ?or5plance ;rotection
    $rder, much less an Q7nstitutionalY ?or5place ;rotection $rder) Both .99 and %7 are egregious
    aAuses of process and the pointing of gun at Coughlin4s head from 4 feet aCay Ay +;D $fficer
    ?addle, in Couglin4s Aac5 yard, upon ?addle Eumping out from Aehind a Aac5yard shed at Couglin,
    Cithout so much as a single instance of the +;D announcing themselves as laC enforcement or
    otherCise issuing sort of order or re3uest to Couglin of any type, and thereupon arresting Couglin and
    charging him Cith Aoth a felony and a gross misdemeanor (in an oAvious attempt Ay the *BN,
    ?C;D, +BC, and ?CD<, +;D, +9C, and +C<, some might say, to prevent Couglin from Aeing
    aAle to timely file his Arief in #337 and or in retaliation for the #!7!"3 $rder Ay Chief Bustice
    ;ic5ering (Qif you li5e it then you oughta put ;ic5ering on itY' stri5ing the e1tremely negligent and
    deficient (and soon to Ae proven fraudulent' "#!#4!"# +$< filed Ay the *BN (Chich, curiously, lac5s
    the "%!3"!"# filing Ay Couglin that Coughlin has a file stamped copy of (hec5, the ""!"4!"# 8earing
    (1hiAit ]"4 provides a good hint to the *BN that such a filing e1ists, and its contained an (1hiAit
    attached as disc, and the content of that filing is so incrediAly damaging to everything 8ill, the *BN,
    +;D, ?C*$, ?CD<, +9C, +C<, and +BC are attempting to accomplish, some might say, that is no
    Conder the *BN apparently QlostY that filing or otherCise managed to fail to include it in the +$<
    (or any of the discs attached as (1hiAits containing certified copies of the relevant audio transcripts
    from the 5ey hearings, and videos from all the arrests mentioned in the &!#3!"# Complaint and of
    nearly all other incidents at issue in the &!#3!"# Complaint and associated cases, particularly those
    Cherein some +;C 3)" violation Ay Coughlin is alleged) NoAody e1pected Couglin to Ae aAle to Aail
    out on the AondaAle H.,%%% Aail incident to the #!&!"# arrest Ay the +;D) 7t didn4t help that the Eail
    continued to deprive Couglin of one of his psychiatric medications and insisted upon providing
    Coughlin one medication, ?ellAutrin, at bedtime (?ellAutrin Cill 5eep you aCa5e if ta5en at
    Aedtime' Chere Coughlin slept through tCo alarm cloc5s upon ta5ing a Area5 from cramming for the
    #!"#!"# continuation of the /rial in %.3% to ta5e a 3% minute nap at .:3% am) Budge Clifton (after
    managing to get an unnoticed, QemergencyY (1 ;arte 8earing recalling Budge ;earson Aac5 to the
    Bench Ariefly after tagging out Cith his form ?CD< DD< Criminal Division coCor5er Clifton on
    #!"3!"# to alter or CithdraC the #!"#!"3 $rder for Competency (valuation that ;erson had Eust
    entered an hour Aefore incident to an unnoticed QemergencyY $rder to *hoC Cause 8earing held at
    &:3% am on #!.!"# in %334" stemming from a #!"!"3 custodial arrest of Coughlin Ay D<* $fficer
    +amos at 7:%# pm (in violation of N+* "7")"34s prohiAition against misdemeanor arrests after 7
    pm Chere no Carrant present Chere +amos $rder Couglin out of the .
    th
    Cheel trailer he currently
    rents' Aased upon an allegation that Coughlin violated the terms of his proAation Chere it Cas alleged
    Couglin failed to chec5 in Cith D<* on "!#3!"3, despite D<* $fficer Celeste BroCn Criting
    Couglin, on "!#4!"3 to admit that the QvideoY at the courthouse shoCed and proved that Couglin
    presented to the security chec5 in no later than #:. pm in an attempt to chec5 in Cith D<* Ay their 3
    pm closing time, Aut that Coughlin Cas prevented from doing so due to security and the +BC, and
    Budge *ferraIIa4s "#!#%!"# <dministrative $rder "#2%", and security personnel verAal orders that day,
    and +BC Bailiff <ugustin 9edina ta5ing Eust long enough to appear at the security chec5 in point
    Chere Coughlin Cas ordered to Cait for an Bailiff to escort him the 3% yards to the D<* chec5 in)
    - 481-
    1
    2
    *o, that is three custodial arrests of Coughlin in "% days, AetCeen #!"!"3 and #!"#!"3) Budge Clifton
    ordered Couglin remanded into custody (despite Couglin Aeing out on an $+ release, no on Aail' at
    the conclusion of Coughlin4s cross2e1amination of (C$994s Carthen on #!"#!"3 at noon for a
    Contempt *hoC Cause 8earing to Ae held the folloCing day at 9 am Aased upon Clifton4s contention
    that he had Carned Coughlin previously aAout Aeing QlateY to Court, despite Coughlin4s contention
    that he had not previously Aeen late, Aut rather had Aeen told Ay +BC Chief Criminal Division 0iling
    $ffice Cler5 +oAAin Ba5er that Clifton had moved the start time for the /rial in %.3% on "#!""!"#
    to ":3% pm from a 9 am start time (Chich Could ma5e sense considering the /rial /om -iloria, (s3),
    respresented a defendant in that morning as Couglin Citnessed, upon Coughlin calling the +BC to
    in3uire aAout something and Aeing told that the /rial in %.3% Cas, in fact, starting at 9 am that
    morning, at Chich point Coughlin hurriedly traversed to the +BC, arriving Ay "% am) Despite +oAAin
    Ba5er, curiously Aeing aAsent from Cor5 that day, Budge Clifton sua sponte indicated that Coughlin
    Cas QCrongY Cith regard to his contention that Ba5er had informed him of the start time for the
    "#!""!"# /rial Aeing moved to ":3% pm) Coughlin Cas prevented from suApoening or calling Ba5er
    at the #!".!"# Contempt *hoC Cause 8earing in %.3% to reAut Budge Clifton4s contention that
    Coughlin had Aeen QCarnedY against Aeing late QagainY) $N #!".!"3 Budge Clifton summarily
    sentenced Couglhin to . days incarceration to Aegin immediately Chere he also denied Coughlin4s
    9otion for even a Arief *tay (folloCing his setting Coughlin4s Aail at a ridiculous H"%,%%% on #!"4!"3,
    some might say' Cith no possiAility of paying a fine in lieu of serving said . days) Budge Clifton
    somehoC managed to find Couglhin4s sleeping through tCo alarm cloc5s upon attempting to ta5e a
    3% minute nap at .:3% am on #!"4!"3 after Aeing forced to cram for the continuation of trial in %.3%
    due to the tCo Crongful arrests of Coughlin (on #!"!"3 and #!&!"3' as QvolitionalY) Coughlin44s
    suddenly court appointed defender, Bruce 6indsay, (s3) (hoC is it Couglin gets court appointed
    counsel for a civil contempt hearing on #!"4!"3 in %.3% Chere he Cas denied such at the 3!#3!"#
    *hoC Cause 8earing in %3#& and on ""!3%!"# in ##"7 upon Budge 8oCard announcing he may
    find Couglin in Contempt, then finding Coughlin in Contempt, Aut insisting Coughlin continue on in
    self representing himself through the remainder of that criminal prosecution Chere the possiAility
    months Eail time e1isted and Coughlin Cas denied court appointed counsel Ay +9C Budge 8oCardF')
    +BC Chief Bailiff *e1ton indicated to Couglin, in a holding cell that Couglin had Qfive different
    violations of Budge *ferraIIa4s <dministrative $rder hanging over your head, each one carrying a
    possiAle3 #. day Eail sentenceY Chere such violations, allegedly, include calling the filing office to
    confirm the start time of a hearing or other alleged de minimis infractions-
    $f course, the ?CD< and the +BC Budges (particularly the second and third most recently
    elected Bustice of the ;eace, former ?CD< Criminal Division prosecutors, Clifton and ;earson'
    have Aeen particularly 5een to inform Coughlin that he Qis an attorneyY and therefore Qe1pected to
    5noC the rulesY and folloC other +ules of ;rofessional Conduct and duties attendant to Aeing an
    attorney, even Chere Coughlin is functioning as no more than a self representing criminal defendant
    in the various retaliatory prosecutions he has faced for pointing out the ine3uities attendant to the
    manner in Chich landlord tenant laC is currently applied in ?ashoe County and other civil rights
    violations Ay local laC enforcement) $f course, that did not stop ?CD< DD< ?atts2-ial from
    asserting, in a strategically last minute, fa1ed, oAEection to Coughlin4s "%!3%!"# *C+ ""% *uApoenas
    and *uApoena Duces /ecums (?atts2-ial alleged that N+C; 4.4s re3uirement that such suApoenas
    either Ae issued Ay a court or a Qlicensed attorneyY made those suApoenas issued Ay Coughlin (per
    the e1press permission to so issue his oCn suApoenas communicated to Coughlin on "%!".!"# Ay the
    *BN, in line Cith NNDB4s Chairman *usich4s 7!#7!"# Critten communication to Coughlin that such
    *C+ "%.(4' in3uiries and matter Ae made to the *BN, and not he, the NNDB Chairman, and that the
    - 482-
    1
    2
    *BN $BC possessed the poCer and authority to so communicate such *C+ "%.(4' matters to
    Coughlin' he had served Ay an appropriate non2party on #BDC Cler5 of Court 8astings and the
    #BDC Custodian of +ecords, that, due to Couglhin4s Aeing Qsuspended from the practice of laCY (as
    for Couglin not Aeing an QattorneyY given the temporary suspension of his laC license in the *tate of
    Nevada per %&3&, that is not the case as far as the :*;/$ is concerned, and there is authority to
    support the contention that a suspended attorney is still an attorney anyCays, though, and there is an
    entire <6+ pointing out the fact that the suspension of one4s laC license Ay a *tate Bar does not
    necessarily preclude an attorney from appearing Aefore 0ederal Courts, such as the N-B, or the
    :*;/$, etc))), and Chere N-B Budge Beesley4s testifying that a mitigating factor in *tephen +)
    8arris, (s3)4s disciplinary matter e1ists Chere 9r) 8arris is one of the feC Chapter "" Aan5ruptcy
    attorney4s in toCn, the District of Nevada4s participation (amongst "4 other selected federal courts' in
    a ;atent 6itigation ;ilot ;rogram, comAined Cith Coughlin4s license to practice patent laC Aefore the
    :*;/$, presents a similar mitigating factor in Coughlin4s case, though ;anel Chair (cheverria
    roundly reEected Coughlin4s right to put on such evidence at the ""!"4!"# hearing, for some
    reason)))')
    Gern4s misconduct resulted in profound damage to Coughlin4s professional reputation and,
    may potentiallly lead to Coughlin Aeing disAarred considering the testimony of N-B Budge Beesley
    at the ""!"4!"# 0ormal Disciplinary 8earing regarding Coughlin4s appearance Aefore him in the
    N-B on 3!".!"# shortly after the ?C*$ Deputies Aro5e into Coughlin4s former home laC office at
    "4## () 9
    th
    *t) ]#, Cith guns draCn, handcuffing Coughlin, after failing to identify themselves as
    laC enforcement and Aarely 5noc5ing Aefore entering the Auilding) /he ?C*$ Deputies alloCed
    Couglhin a scant feC minutes to graA a feC personal items (Coughlin chose to use the time to graA
    his hard drives and client4s files, resulting in his not having a tie to go Cith the suit Eac5et, shirt, and
    dress slac5s and shoes that he Core Chile appearing Aefore Budge Beesley less than 3% minutes after
    the Deputies made Coughlin leave not only his former home laC office (refusing to alloC him to
    graA even his medications or eye glasses!contacts', Aut Chere they also threatened to arrest Coughlin
    for QdistruAing the peaceY or QtrespassingY or QoAstructionY Chere Coughlin Cas as5ing them
    3uestions related to the procedures under Chich they Cere carrying out the 6oc5out $rder, Cith the
    Deputies then threatening to move the personalty Coughlin had ferried out of the Auilding to the
    outside of the Auilding in front of his car bac, into the building) /he Deputies failed to folloC
    through on that threat, Aut Coughlin Cas forced to hurriedly gather up that property under their
    menacing glares and threats of aAuse of process Chile a cac5ling ?estern Nevada 9anagement4s
    *ue Ging and Bared *calise Catched on, soon to move in to the Auilding and, as Gern4s 4!9!"#
    $pposition notes, immediately Aegin the process of having all of Coughlin4s property rec5lessly
    moved into a storage unit that day and the ne1t)
    Gern4s 4!9!"# $pposition itself clearly violates +;C 3)" Chere it alleges Coughlin no more
    than Qa s3uatterY Cith no right to possession of the rental, even Chere Gern4s oCn client, ;ar5
    /errace /oCnhomes 8$<, through a *ecretary of the 8$< Board, appearing Cith ?N94s Ging
    (Chom Cas QalloCedY to practice laC Cithout a license at a #!#3!"# hearing Aefore Budge *ferraIIa
    held in response to Coughlin4s filing, on #!"%!"# -erified Complaint for 7llegal 6oc5out and or
    7nterruption of (ssential *ervices (N- (nergy, <llaAac5, 0oreshee, Gern, and ?N94s Ging all
    conspired to one degree or another to deprive Coughlin of electricity to the Auilding for over 7 days
    in 0eAruary #%"# (see attached emails AetCeen Coughlin, N- (nergy4s +on Bones, ?N94s Ging,
    and 8$< attorney Gern') <t the #!#3!"# hearing, Gern4s client admitted, under oath, that the
    individuals Chom placed an advertisement on Craigslist to Chich Coughlin responded on "#!#7!""
    for a room for rent Cith shared area privileges for H#%% per month, Cere laCfully occupying the
    - 483-
    1
    2
    Auilding at "4## () 9
    th
    *t) ]#, perhaps even under some Cor5 in e1change for occupancy!loCer
    insurance premiums arrangement Cith the Alessing of the 8$< upon ?N94s then <ssistant
    9anager +oAyn Batalado Aringing such a proposed arrangement Aefore the 8$< Board) 8oC Gern
    can then, on 4!9!%9, in her $pposition, not violate +;C 3)" Chere she alleges Coughlin Qno more
    than a s3uatterY is not clear, especially Chere ?N94s Ging and the 8$< Board4s *ecretary failed to
    oppose Coughlin4s sCorn contention that <llaAac5 and 0oreshee rented him the room Cith shared
    area privileges on "#!#7!"", under periodic monthly tenancy) <s such, the #!"3!"# . Day :nlaCful
    Detainer No Cause /ermination Notice Ging had posted to Coughlin4s door is deficient Chere is
    relies upon a contention that Coughlin4s Cas an at Cill tenancy) 0urther, such a Critten admission is
    counter to Gern4s 4!9!"# contentions in her $pposition that Coughlin had no legal right to ever
    possess any part of the structure at "4## () 9
    th
    *t) ]#)
    CONCL+SION
    Based upon the foregoing the undersigned respectfully re3uests that this Court grant the relief
    sought in the title of this document and any other relief this Court deems Eust)
    (88I-M(TION P+-S+(NT TO N-S 301*,404
    /he undersigned does hereAy affirm that the preceding document does not contain the social
    security numAer of any person)
    Dated: 4!#.!"3
    !*! Zach Coughlin[[[[[[[[
    Zach Coughlin, Defendant
    - 484-
    1
    2
    P-OO8 O8 SE-;ICE
    ;ursuant to N+C; .(A', 7 certify that 7 served a copy of the foregoing document upon the
    folloCing party Ay fa1ing, emailing, dropping if at their office, and placing a true and correct copy of
    the foregoing document in the us mail addressed to:
    Chief Daniel ?ong, (s)3
    Brian *ooudi (s3)
    $ne (ast 0irst *treet, 3rd 0loor
    0a1 numAer: 77.233424##
    dCong`reno)gov, Asooudi`reno)gov
    +eno City <ttorney4s $ffice 2 Criminal Divison
    ;)$) Bo1 "9%% +eno , N- &9.%.
    /el: 77.23342#%.% 0a1: 77.23342#4#%
    <ttorney for City of +eno 77. 334 3&#4
    +eno 9unicipal Court filed Ay fa1 to :
    Date this 4!#.!"3
    !*! Zach Coughlin
    Zach Coughlin, Defendant
    - 485-
    i
    ii

    iii
    GnoCing disoAedience of an oAligation under rules of triAunal p)2 7 7n re Discipline of *chaefer, #. ; )3d " 9 " , " " 7
    Nev) 49 (Nev) Bun # " , #%% 7 ' (N$) 3 " 73 ' .) DisAarment ;2 * 7n rc Discipline of *chaefer) #. ; )3d " 9 " ) " " 7
    Nev) 49 (Nev) Bun # " , #%% 7 ' (N$) 3 " 7 3 ') Comparing the severity of sanctions from pre2#%%& ma5es little sense
    given the ma5ing of disAarments irrevocaAle after that time) N- * / +;C +ule 3)4 9 " n re Discipline of /aAor, ),) ;)3d
    2222, #% " # ?6 " 34&77, ^" (Nev) Der %7) # ( " # ' (/aAle) te1t in ?(*/6< ?, N$) .9.7.' "% 7n re Discipline of
    Beury, 222 ;)3d 22D) #%"# ?6 .#7%%.7) ^4 (Nev) $ct #3) # % " # ' (/aAle) te1t i n ?(*/6< ?, N$) . 9 . . 3 ' 7 7 7 n re
    Discipline of *hoen, 222 ;)3d 2 2 2 )) , #% " # ?6 99# " %. , ^ " ( N e v ) 9 a r # " , #%"# ' /aAle, te1t in ?(*/6<?, N$)
    .77.' "# 7n re Discipline of ? inter) [ V) ;)3d 2222, #% " # ? 6 4# & 3 7 , D4W (Nev) 0eA #4, # % " # ' (/aAle, te1t i n
    ?(*/6< ?) N$) .&433' "3 7 n re Discipline of 8anson) 222 ;,3d [)24f) # % " # ?6 4374%, ^ " f (Nev) 0eA %9) # % " # '
    (/aAle) te1t i n ?(*/6<?, N$) .7.4.' " 4 "n re Discipline of ?in5lcr, 222 ;)3d 2222, # % " " ?6 .%%4%7, ^ # (Nev)
    Nov " ) # % " " ' (/aAle, te1t i n ?(*/6< ?, N $ ) . " 94' ". (merson - ) (ighth Budicial Dist) Court of *tmlte, e1
    re7) County of C7mlr5, #3 ;)3d ##4, ##, " #7 Nev) <dv) $r) " ) " (Nev) $ct %) # % " " ' (N$) ..#3&' " "n re
    Discipline of ?ens in5) DD2 ; ) 3 d 2222, #% " " ?6 3#4 " %9%, ^ # (Nev) Bu" #7) # % " " ' (/aAle) te1t i n ?(*/6<?, N$)
    .7.' "7 7n re Discipline of Clar5) #% " % ?6 . . .%4 " , ^" (Nev) Dec ##, #% " %' (/aAle) te1t i n ?(*/6< ?) N$)
    .493#' " & "n re 9 ichaelides, # % " % ?6 3..4.73, ^ " f (Nev) *ep %7) # % " %' (/mlAle, te1t in ?(*/6< ?) N$)
    .47&9'
    iv
    8(<+7N@ 2 -ol) 7, (;ages "":#3 to ""&:#'
    J ?hen you Cere telling me, giving me some
    mentoring, that Chen you Cal5 into that courtroom, that
    courtroom is yours) 7t4s not the Eudge4s, it4s not
    opposing counsel4s, it4s yours) Does that sound li5e
    something you said to meF
    9+) G7N@: $AEection) +elevance)
    9+) (C8(-(++7<: ?as there an oAEectionF 7
    didn4t hear it)
    9+) G7N@: >es) $AEection) +elevance)
    9+) (C8(-(++7<: 74ll overrule it) @o ahead)
    /8( ?7/N(**: >es) $ut of conte1t) But
    that4s a statement 7 Could ma5e, yes)
    B> 9+) C$:@867N:
    J 8oC is that reconciled Cith your criticism of
    my Cor5 in the Boshi caseF
    < 7 don4t understand the 3uestion) But your
    Cor5 in the Boshi case Cas that it Cas incompetent) 7t
    had nothing to do Cith Chether or not you too5 over the
    courtroom) /here Cere no 22 it Cas a divorce case) /here
    Cas no statement or itemiIation of the community property)
    /here Cas no statement or itemiIation of the community
    deAts) >ou Cere completely at a loss as to issues of
    relevance) >ou made oAEections li5e you did today that
    Cent over and over and over again Cithout legal Aasis, and
    incorporated strange rules)
    /he Eudge 5indly tried to give you direction,
    Chich you totally escheCed) >ou did this for three or
    four hours the first time, came Aac5 a Cee5 or ten days
    later and did it again) 7t had nothing to do Cith Chether
    or not you too5 control of the courtroom)
    v
    vi
    vii

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