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State Bar of Nevada vs. Coughlin

UN HINigationSERVI ES

Discovery Depositions Decisions

Job 170008 Exhibit: 00005

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Case No. II TR 26800 21Dept. No 3

IN TIlE MUNICIPAL COURT OF TIlE CITY OF RENOCOUNTY OF WASHOE STATE OF NEVADA

CITY OF RENO, Plaintiff,vs.

Z A C H A R Y B A R K E R C O U G H L ~Defendant.------------------,

ORDER

March 12, 2012 was the time set for the resumption of the tmffic citation trial ofDefendant ZACHARY BARKER COUGHLIN who, as member No. 9473 of the Nevada Bar,is an attorney representing himself, the defendant. The trial was continued on February 27,2012, when, after approximately an hour and a half, the defendant was held in criminalcontempt by the court for his antics and misconduct during that trial. His behavior is DOted indetail in the COU 1'S Order entered on February 27,2010.

Today, Mr. Coughlin failed to appear to complete this trial. He has Dot contacted thiscourt to explain or excuse his absence. Deputy City Attorney Alison Ormaas appeared aridwas prepared to proceed. She informed the court thot she had no contact with Mr. Coughlin

The coun makes the following findings on the record:I horuIIy COrtIIy IIIJa Iuo and' _nl. 01 ilia Rona I/IIIIIoIDaJ Coun a" . 0 III _ InNeIl8da. BIId 1Iud h. CIoIIc o I l I I e ~ .. WuIIaa o ~o t I g J n a J _ B l l d ~ ~ ~ ; : ~ 2 ~ U : : : : :

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After he served his five-day Contempt ofCourt sanction imposed by this court on2 February 27, 2012, Mr. Coughlin fax-filed to this court l a 224-page document entitled Notice3 of Appeal of Summary Contempt Order; Motion to Return Personal Property Confiscated by45

Reno Municipal Court and Its Marshals; Motion for New Trial and to Alter or Amend6 Summary Contempt Order. The document purported to appeal this court's Order holding7 him in direct criminal contempt. It contained a portion of one sentence on page 4 seeking a8 continuance oftoday's hearing, but no further discussion of that topic. It also mentioned9 being a ''tolling'' motion in an apparent afterthought. t did not address most of the other

10 topics listed in the caption. Instead, the document contained rambling references to his

12pelSOnaJ life and this court's; his father's football career in college; dozens of pages of string

13 citations taken off the internet; documents from a prisoner online site; an article about a14 police state; an article about Discovery; a website printout showing a police officer's salary;15 and copy of court documents from a District of Columbia case.16 It was a disjointed regurgitation of case law citations from a legal research online site1718 with little reference to, or argument about, the facts of his instant Boulevard Stop traffic

19 case. The document was W incoherent and pathetic demonstration of what might once have20 been legal and academic prowess tlmt appears to now be greatly damaged. Mr. Coughlin fax-21 filcd another document in which he apparently took a Motion to Proceed Informa Pauperis22 [sic in another case and typed over it Request for Audio Rccording of February 27111, 201223 Trial and for Appt [sic) and to Waive Filing Fee and Transcript Fee for Appeal Counsel. He2425 had that filed in the instant case on March 7, 2012, even though it was dated November 22,

26 2011.27 Whereas Mr. Coughlin's efforts to conduct his own defense in his tmffie citation trial on28..,.,

, ,,, cam000001tal RMC Rules and Procedures pennils fax filing of motions.'-' . 2

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February 27, 2012 disrupted Department 3 o this court and caused distress to this court and2 its staff and marshals, as well as the prosecutor and the witness, and resulted in Mr. Coughlin3 being held in contempt o court, his faxing and filing o these documents greatly disrupted the45

operation o the entire Reno Municipal Court system, including the clerk's office and the6 other departments, and necessitated that action be taken by the Court Administrator and7 Administrative Judge.8 Apparently beginning on March 9,2012 at 12:38 p.m., Mr. Coughlin again undertook9 another massive fax-filing to Reno Municipal Court. This time it was a document that was

10 file-stamped by the clerk on March 12,2012 at 8:12 a.m. This second 218'page document

12purported to be yet another motion in this case entitled Motion to Return Cell Phones;

13 Motion to Set Aside Summary Contempt Order; and Notice o Appeal o SummllJ) Contempt14 Order. With scant discussion of, or relevance to, the above-captioned matter, said document15 mostly argues against Judge Howard in a Department 4 ease and again contains more than16 200 pages o string legal citations; lyrics to rocks songs; Mr. Coughlin's personal fwnily1718 history; discussion o an eviction case and another contempt ease; disjointed legal citations,

19and other nonsensical matters that have no apparent relevunce to his traffic citation ease.

20 Both documents were massive and took up a great deal oftime because the court had to21 review them to look for some connection to the case. This court has thc inherent authority to22 maintain respect, order and decorum in the court, and to refuse to allow the court to be used23 as 8 vehicle for the deranged rantings o 0 litigant.2425 The conduct o Mr. Coughlin has been inappropriate, biZ8lTC, dishonest, irrational and26 disruptive, to say the least. He has not practiced law in this case in a manner that27 demonstrates his competence, professionalism, preparation, consideration for the court, the28 witness, or his opposing cOWlSeI. He has been disrespectful to the court. He has failed to

WllH:al Al. a lr'nUllo'_- ~ 'Ir ') .D'ID 3

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appear or explain his absence to the court. Inasmuch as the court bas at least four differentaddresses for him, it is unable to ascertain his exact whereabouts. He shows signs of mentalinstability, ifnot serious mental illness.

Based upon the total circumstances of this case, the in-court perfonnance of thedefcndant, as observed by this court, the written documents faxed to the court for filing bythis defendant, the statemcnts and behavior of this defendant and his overall conduct herein,this court finds, by clear and convincing evidence, that Zachary Barker Coughlin, an attorneylicensed to practice law in the State of Nevada, has committed numerous acts of attorneymisconduct, including, but not limited to, violating thc following Rules of ProfessionalConduct:

8 . 4 c ~ g a g i n g in dishonesty, fiuud, deceit or misrepresentation;8.4 d)-engaging in conduct that is prejudicial to the administration of ustice;3.3 a)-lack of candor to the court by knowingly making false statements to a tribunal;3.I---{ efending in a proceeding by asserting or controverting an issue without a basis infact and with matters that are known to be frivolous;3.2-failure to make reasonable efforts to expedite litigation, and, in fact, takingextreme measures to delay litigation;3.4 e)-being unfair to opposing counsel by continually alluding to mlltters the lawyerdoes not reasonably believe are relevant or supported by admissible evidence;1.3-fniling to act with reasonable diligence and promptness; andI.I-Iack of competence in his practice and nppearances before this court.In addition, Zachary Barker Coughlin, likely nlso violnted Nevada Supreme Court Rule

229, section 2(b), as amended by ADKT 449 on August 1,2011, by surreptitiously reconlingthe traffic citation triaJ of February 27, 2012 without the advance permission of this court andthen lying to this court when Questioned about it and denying that he had done so.

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Whether or nol there are medical reasons 10 explain Mr. Coughlin s aclions is nol for2 this court to decide. He has become nothing less than a vexatious litigant 10 Reno Municipal3 Court due 10 his unorthodox, disruptive, bizarre and irrational methods and practices that go45

beyond the pale ofanything thaI is civil, elhical, professional or competent. Good cause6 appearing therefore, the court onlers as follows:7 IT IS ORDERED that this matter is continued, and all proceedings relating thereto are8 lolled, unlil further order of this court, while the matter of attorney Zachary Barker Coughlin9 is referred 10 the Slale Bar of Nevada;

10IT IS ORDERED that no further Detion shall be taken by Ihe Reno City Attorney s

12Office, or the clerks or staffof Reno Municipal Court, in the above-cntilled case, pending

13 further onler of this court;14 IT IS ORDERED that Zachary Barker Coughlin is barred and forbidden from faxing,15 emailing, delivering, having delivered, serving, presenting for filing, personally or otherwise,16 any motion or docwnent 10 Reno Municipal Court, in the above-cntitled case, pending further1718 onler of lhis court.

19Dated this 12th day of March, 2012.

2021 he Hon. Do y Nash Holmes22 Reno M unic pal Judge232425

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' ' ' ' ' Couo.udgeBox 19

Y 8R505775) 334 S8n

CERTIFICATE OF SERVICE

Pursuant to NRCP 5(b), I certify that I am an employee of the Reno MunicipalCourt, Reno, Nevada, that I am over the age of 18 years and not a party to the aboveaction, and that on this date, served a true and correct copy of the attached documentto the following as set forth below:

Allison OnnaasDeputy City AttorneyPO Box 1900Reno NV 89505Zachary Barker Coughlin, eaq.1422 E. 9' Street 2Reno NV 89612

X Placing said document In a sealed envelope and placed for collecting andmailing by Unites States mail in Reno. Nevada, postage prepaid following ordinarybusiness practices.Washoe County JailCourt ServicesFacsimile (FFAX)Electronic Mall (E-mail)InneroOffies mell following ordinary business practiessPersonal Delivery.

DATED: March 12,2012.

artment Three

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