Nv x ° Cory IN THE SUPREME COURT OF THE STATE OF NEVADA SUPPLEMENTAL REPORT ) LE OF BAR COUNSEL, ) IN RE: ZACHARY COUGHLIN ) Case No. 60975 SEP BAR NO. 9473 ) ee) 1, In April 2014, this Court entered its Order of Referral For Examination By Qualified Medical Expert in connection with the above-referenced matter, which originated with a Petition of the Northern Nevada Disciplinary Board requesting that attorney Zachary Coughlin (“Coughlin”), Bar No. 9473, be transferred to disability inactive status pursuant to Supreme Court Rule 117 (Proceedings when an attomey is declared to be incompetent or is alleged to be incapacitated). 2. The Office of Bar Counsel (“OBC”), in prior status reports, informed this Court that a Reno psychologist, Earl Nielsen, Ph.D. (“Dr. Nielsen”), had agreed to perform a psychological evaluation upon Coughlin and provide a written report to the State Bar of Nevada. GECEIVEDY SEP 2.9 2014 ) oats enn & 3. Dr. Nielsen’s report was received this week by the OBC, which is attached hereto and hereby submitted to this Court for its consideration. DATED this 25" day of September, 2014. STATE BAR OF NEVADA DAVID A. CLARK, BAR COUNSEL ip J. Pattee, Assistant Bar Counsel Bat No. 4021 9456 Double R Boulevard, Suite B Reno, NV 89521 (775) 329-410010 u 12 13 4 a 18 19 20 a 2 23 4 25 CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of the foregoing SUPPLEMENTAL REPORT OF BAR COUNSEL was deposited in the United States Mail at Reno, Nevada, postage fully pre-paid thereon for first class mail, to the following: Zachary Coughlin 1471 E. 9” Street Reno, NV 89505 DATED this 25" day of September, 2014 kaurdPeters, an employee of the State Bar of NevadaEARL S. NIELSEN, PHD. _ CLINICAL PSYCHOLOGIST September 22, 2014 PSYCHOLOGICAL EVALUATION NAMI Zachary B, Coughlin, Esq. DATE OF BIRTH: 9/27/1976 AGE: 37 CASE NAME: In the Matter of Zachary B. Coughlin, Esq,, Nevada Bar #9473, Respondent URT: Supreme Court of the State of Nevada CASE NUMBER: — 60975 DATES OF EVALUATION: 7/25/2014; 8/16/2014; 9/20/2014 METHODS: 1. Review of records supplied by the Nevada State Bar Association and Mr. Coughlin 2. Interview (seven hours) 3. Mental Status Examination 4, Wechsler Abbreviated Scales of Intelligence - II 5, Minnesota Multiphasic Personality Inventory - II 6. Millon Clinical Multiaxial Inventory ~ IIL 7. Hare PCL-R (2" Ed.) PROBLEM HISTORY: In April, 2012 the Nevada State Bar Association designated a Screening Pane] to review complaints against Mr. Coughlin. The panel issued findings including, “... the Screening Panel believes that the Respondent is incapable of continuing the practice of law because of mental infirmity, illness, or addiction.” The issue was reviewed by the Nevada Supreme Court, and a Psychological Evaluation was ordered for the purpose of determining the ‘mental fitness of Mr. Coughlin and his competency to practice law. SOCIAL HISTORY: Mr. Coughlin was born in Bellevue, Washington on September 27, 1976. His birth was normal but he was jaundiced. He met developmental milestones within normal limits, He had seizures during infancy, but no other serious illnesses, high fevers, or head trauma during early childhood. Mr. Coughlin’s parents divorced when he was age two. His mother is age 66, a college graduate who taught English in high school. She was a “great mother” with whom he has maintained a 00d relationship. She was not abusive or hostile, but was hurt by his decision to live with his father at age 10. She remains in good health and remains supportive and in close contact. She dlid not use alcohol or drugs, and did not suffer mental or emotional difficulties, 834 WILLOW ST. RENO, NV 89502 (775) 328-6766 FAX (775) 323-2718 esnphd@sbegiobal.net . NEVADA LICENSED PSYCHOLOGIST PY099 —_ NATIONAL REGISTER HEALTH SERVICE PROVIDERS IN PSYCHOLOGY #30827Psychological Evaluation 2 Zachary B. Coughlin, Esq. September 27,2014 His father is age 67, a Reno physician who graduated from Tulane University. Mr. Coughlin was clearly proud of his father, but also conflicted. He likes and respects his father, but is largely estranged, His father was dependable and their relationship was good in many ways. He also describes his father as emotionally detached, conceited, arrogant, and says he saddled Mr. Coughlin with high expectations. He was also hypercritical of Mr. Coughlin’s mother. He developed problems with alcohol but has been sober and active in Alcoholics Anonymous for 35 years. He was an athlete in college, modeled for an ad in Seventeen Magazine, and remains in {00d health. He does not use alcohol or drugs. Mr. Coughlin’s parents divorced in Texas, Mr. Coughlin began kindergarten in Gardnerville, ‘Nevada while living with his mother, and remained there through fourth grade, He was a good student, not a behavior problem, and had no difficulty adjusting socially. His mother remarried when Mr. Coughlin was to begin fifth grade, and moved with him to Dayton, Ohio. His stepfather was a high school graduate, an alcoholic who worked for the county. Mr. Coughlin ‘was enrolled in gifted and talented programs but his grades slipped to C’s. He wore his hair in an odd fashion and was heavily teased. He played Little League and Babe Ruth Baseball where he pitched and played second hase. For sixth grade, Mr. Coughlin retumed to Reno and lived with his father and stepmother in Caughlin Ranch. He attended Swope Middle School. His grades and achievement improved, he participated in athletics and music, and played competitive tennis. Socially, however, he floundered and had few friends. He attended Reno High School. He maintained a 4.0 grade point average through high school and was named a National Merit Scholar. He played basketball where he was named to the All-State roster twice, He says he likes the intensity and “tush” of competition. He was disciplined once for talking back to an English teacher, but had no suspensions or juvenile arrests, He did not use drugs or alcohol during high school. He graduated with honors in 1995. He then went to the University of Washington for three semesters, then transferred to UNR. He did well in school, although began using alcohol and some marijuana with friends, He didn’t have problems at UNR and graduated without difficulty. He enrolled at Boyd School of Law in Las Vegas. He liked school, but had conflicts with some teachers, He got into a conflict with an adjunct professor who accused him of academic fraud, but it was cleared by investigation, He was confronted in a movie theater for entering without paying, ran, and was arrested for Resisting a Public Officer. He used some alcohol and was sarcastic when drinking. He took the Nevada State Bar examination in May, 2001 and was informed of his passing score in August. He graduated from law school in December, 2001Psychological Evaluation 3 Zachary B. Coughlin, Esq. September 27,2014 After graduation, he sold suits at Macy’s. He moved to Sacramento and worked for a law firm while waiting for his licensure, but was dismissed when his license was delayed. He was arrested for DUI in California and returned to Reno. In December, 2002 the Nevada Supreme Court issued an order deferring Mr. Coughlin’s admission to the Nevada State Bar, “partially based upon a condition that Mr. Coughlin receive psychological counseling.” In 2003 Mr. Coughlin was diagnosed with ADHD and was prescribed Adderall. He was also diagnosed with major depression and was prescribed Welbutrin by Dr. Stepinova at Northern Nevada Mental Health Services. He attended counseling once per month and said it helped. He did not taking Adderall and discontinued. He was admitted to the Nevada State Bar Association on October 1, 2004, but was not formally notified until May, 2005 according to Mr. Coughlin He did some piecework for Barber and Klearman and Associates, then went to work for the Hale Lane Law Firm where he stayed five months. He left there due to severe gastroenteritis which left him unable to work and lead to an addiction to Oxycontin and opioid medications. When he recovered, he went to work for Nevada Legal Aid. He lived with a woman from 2007 to 2011, but she left him following her college graduation. He resented the fact that he had helped put her through college and felt used, but his family sided ith her. In 2009 Mr. Coughlin accepted a divorce case in Family Court, the 2" Judicial District Court, Department 11, with Judge Linda Gardner presiding. In her order after trial, Judge Gardner described Mr. Coughlin’s behavior as “rude, sarcastic, and disrespectful at trial”. She also cited his failure to conduet discovery, difficulties understanding a balance sheet, and lack of knowledge with respect to rules of evidence and trail procedure. According to Mr. Coughlin, she later rescinded her complaint. In August, 2011 Mr. Coughlin was arrested for the theft ofan iPhone. He served seven days in jail. Nine days later he was arrested for shoplifting at Walmart for consuming a candy bar and ‘throat lozenges. In November, 2011 Mr. Coughlin was evicted from his home/office in Reno and was locked out, He was arrested for trespassing and spent three days in jail. On November 30 his trial for the candy bar theft came before the Reno Justice Court in front of Judge Howard. The trial was delayed, but Mr, Coughlin was held in Contempt of Court and served three days in jail. Judge Howatd issued the order for “Refusing to obey the directives of the Judge, continuing lines of inguiry after being advised by the Court to refrain form doing so, demeaning the Court withPsychological Evaluation 4 Zachary B. Coughlin, Esq. September 27,2014 statements such as Wow’ in response fo Court rulings, laughing during testimony and further questioning the Court and its authority.” On December 20, 2011 a six-hour hearing was conducted for a contested lien on his property. He was ordered to pay $400.00 for 17 days storage, then was given December 22 and 23 to remove his final belongings. He was unable to remove all of his possessions during the alloted time. On January 12, 2012 Mr. Coughlin saw his belongings were being loaded into a truck belonging toa contractor for his landlord. He confronted, then followed the truck to the trash dump. He believed that having filed for a Summary Judgement would have preserved his property until a ruling was made, but when he filed for a Temporary Restraining Order, he was denied. He returned to his home/office and filmed the removal of his property. He was confronted by a police officer who told him to stop. When Mr. Coughlin resisted, he was arrested for jay walking, then posted bail and was released. After his eviction, Mr. Coughlin had rented a room in essentially a “flop house”. He agreed to pay $200.00 per month, but when he had moved in the landlord then demanded $50.00 for utilities. The tenants threatened him and slashed the tires on his car. He called 911 for police assistance. The same officer who arrested him two days before arrested him for Misuse of 911. He was convicted in April, 2013 and was sentenced to six months in jail, suspended. In February, 2012 Mr. Coughlin filed a “Notice of Appearance, Entry a Plea of Not Guilt, Waiver of Right to Arraignment, and Motion to Dismiss” in the Reno Municipal Court case. On February 28, 2012 he was in Reno Municipal Court to contest traffic citations. He was found in Contempt of Court by Judge Dorothy Nash Holmes, and served five days in jail. The traffic citations were dismissed. On March 5, 2012 he filed a “Notice of Appearance of Co-Counsel and Motion to Dismiss” in a case in Department 11 of the 2"! Judicial District Court, On March 12, 2012 Judge Holmes issued an order prohibiting Mr. Coughlin’s contact with the Reno Municipal Court, continued the criminal case, and referred Mr. Coughlin to the Nevada State Bar. On March 15, 2012 Mr. Coughlin was late for an eviction hearing and the landlord was granted the eviction by default. He went to the apartment, gathered personal items and then attended a hearing in the Bankruptcy Court of Judge Beasley. He wore a tie and jacket, but had only a tee shirt undemeath, Judge Beasley continued the hearing, but complained. Mr. Coughlin was homeless, and his possessions had again been placed in storage. A friend assisted Mr. Coughlin and allowed him the use of a fifth-wheel trailer for storage in | | | | |Psychological Evaluation 5 Zachary B. Coughlin, Esq. September 27,2014 trade for legal service. He was sleeping in the office but was asked to leave and was again homeless, living in his car In April, 2012 a petition was filed in District Court for a competency hearing of Mr. Coughlin, He was sent to Lakes Crossing Center where he was interviewed by Dr. Farmer and Dr. Davis, but they determined that he was uncooperative and did not complete the evaluation. Judge Elliott then held Mr. Coughlin in contempt, placed him in jail for eight days, and two other doctors from Lakes Crossing completed the evaluation. Both Dr. Bisset and Dr. Veith found him to be competent to stand trial. ‘On May 7, 2012 Mr. Coughlin went to trial for the iPhone left. Judge Sferraza sent Mr. Coughlin to Mental Health Court, but Judge Breen refused to permit his continued use of psychotropic ‘medication and rejected him from Mental Health Court participation. Although that may seem strange, it is the policy of the Mental Health Court and the Drug Court to insist that participants be drug free in spite of the fact that the medications are prescribed by physicians specifically to treat the mental health issues. That hearing was actually before Judge Elliott had found him to be competent to stand trial in an order on May 9, 2012. ‘On June 12, 2012 Mr. Coughlin received notice from Bar Counsel, Mr. King, of Mr. Coughlin’s suspension while the Disciplinary Board considered the ramifications of his candy bar conviction (a thefi). On the same day he went before Judge Gardner and was convicted on the trespass charge for which he was fined $300.00. Another friend offered him the use of three storage units attached to an apartment complex. He was back on his medications, working out, and getting healthy. The apartment manager determined he was living there and filed for eviction. When a sheriff's deputy came and banged on the door, Mr. Coughlin at first refused to respond. The lock was cut away, and Mr. Coughlin wwas arrested for Resisting Arrest. His mother bailed him out. He was again homeless. On July 3, 2012 Mr, Coughlin had returned to the site where his property was being held. He ‘was rearrested for Disturbing the Peace. He served 18 days in jail. He was then hired by a friend to hand out visitor guides and was able to rent an apartment. On August 23, 2012 the Nevada State Bar filed a complaint against Mr. Coughlin. When he arrived for the scheduled hearing, he was informed by Bar Counsel that the hearing had been cancelled without notice. In November, 2012 Mr. Coughlin was convicted on the iPhone offense. In December, 2012 the Nevada State Bar recommended permanent disbarment.Psychological Evaluation 6 Zachary B. Coughlin, Esq. September 27,2014 In May, 2013 Mr. Coughlin was arrested for Resisting a Public Officer. He served two weeks in jail, then met bail conditions and was released. He was convicted in October, 2013 and was sentenced to six months in jail. His suspended sentence for the use of “911" was revoked, and he ‘was ordered to serve the sentences consecutively. He was in jail from November, 2013 until Aptil, 2014 when he was released. In June, 2014 Justice Pickering rejected the Nevada State Bar’s recommendation for permanent disbarment and ordered a Psychological Evaluation. PSYCHOLOGICAL TESTING: Mr. Coughlin was on time for appointments and cooperative with all requests and inquiries. He understood directions and materials. Results are valid for interpretation, ‘On Mental Status Examination, Mr. Coughlin is alert, responsive, and well-oriented to all perceptual spheres. His memory is intact for recent and long-past events. He denies hallucinations and delusions, and does not describe beliefs or perceptions consistent with thought disorder, He does tend to ramble, is interesting but difficult to interview, but generally recalls dates, times, and incidents. He reports some depressive symptoms by history and has intermittently received psychotropic medications and psychological counseling. He is embarrassed and remorseful about his behavior, and remains mildly depressed. He denies problems with anxiety, but was diagnosed with ADHD quite late, and may have experienced some manic agitation rather than hyperactive display. He does not describe significant problems with substance abuse, He denies significant aggression or violence, and has not been suicidal or prone to self mutilation. Cognitively, Mr. Coughlin obtains a Full Scale 1Q score of 131, within the gifted range. His vocabulary and verbal reasoning abilities are very strong. He has good capacity for abstract reasoning, but impulsivity and inattention to detail interfere with problem solving, practical solutions, and perceptual reasoning. He does not show evidence of impaired thinking or signs of brain impairment, Clinically, Mr. Coughlin does not endorse symptoms of thought disorder or psychosis. He does not describe any experience with hallucinations or delusions. He is suspicious and mistrustful, but not at the level of gross confusion necessary for a diagnosis. His reality testing in intact. His thinking may be judged as odd by some, but he is not bizarre or fully out of touch. He does acknowledge struggles with chronic depression throughout his adulthood, and has been medicated, primarily with Welbutrin for most of that time. He has not had major depressive episodes but rather chronic and insidious symptoms of low self esteem, disinterest in people orPsychological Evaluation 7 Zachary B. Coughlin, Esq September 27,2014 activities, low motivation, and some social avoidance. The condition has persisted for 20 years, with intermittent relief from prescribed medications. He has low frustration tolerance and some self defeating patterns. He has never planned or attempted suicide, but has experienced suicidal thoughts. He is not violent or aggressive, and does not present a danger to others. Mr. Coughlin has also been diagnosed with ADHD for the past 10 years and medicated with Adderall. He can describe benefits, including improved concentration, better personal organization, and better sustained effort, but he doesn’t like the perceived side effects. Psychological test results do not confirm the full array of ADHD symptoms, and instead suggest underlying anxiety symptoms which may be interpreted as ADHD. Although ADHD is often missed during childhood and identified only later in early adulthood, Mr. Coughlin does not report having had the serious attention or concentration problems during school, and was not described as hyperactive by observing adults. While some anxiety symptoms are noted in test results, these may be artifacts of his chronic depression. He is restless and on edge, had difficulty maintaining concentration, can be irritable, and often worries. The chronic aspect of his anxiety drives him to be somewhat cynical, expecting disappointment, and to make “mountains out of molehills” (his phrase). He seems to enjoy argument for argument’s sake, and as seen in his own legal responses, tends to ramble and drift from the point by over-developed but irrelevant details. He doesn’t report actual panic attacks ot somatic complaints, He does not openly express manic agitation, hyperactivity, or hypomanic display. He does not endorse racing thoughts, tremors, or excessive fears. He does admit to some hoarding behavior, but test results are not elevated on measures for obsessive/compulsive disorder. He does experience some dysfunctional negative emotions in the form of negative attitudes in addition to other depressive symptoms. Mr. Coughlin was raised in a home where alcohol was just not prohibited, but disdained. During his early adulthood he drank to excess out of spite, and by age 25 described himself as an alcoholic. He attended AA, but was uncomfortable. Around age 30 he developed an addiction to opiates prescribed for pain, but stopped using pain pills at least five years ago. Psychological test results do not reveal an addictive personality, and while substance abuse is possible, addiction is, unlikely. Broader personality measures suggest a diagnostic profile of Dependent Personality Disorder with Depressive Features, Mr. Coughlin is a man of very low self esteem and, despite his early accolades and successes, an inept self image. He is impulsive, moody, and resentful, and can be rigid, argumentative, suspicious, and brooding. He is largely passive-aggressive, but expresses hostility as righteous indignation, blames others for his troubles, and resents authority. He is ofien bored, feels empty, and is unable to profit form his own experience. He doubts his ownPsychological Evaluation 8 Zachary B. Coughlin, Esq. September 27,2014 judgement but mistrusts that of others, and rarely takes advice. He feels lonely and alienated from others, but tends to isolate himself form social opportunity, remaining guarded and superficial in his relationships. His approaches to self understanding and social awareness are unconventional and immature. He is overwhelmed at times by his perception of personal faults, feeling socially awkward, out of place, useless, and rejected. He can be quick-tempered and impatient, but does not experience actual rage attacks or intense overt hostility. His self esteem problems lead to some masochistic (not sexual) feelings, and he even questions whether he provokes the rejection he perceives. Much of his character is supported by paradox and inconsistency: He feels entitled and unworthy at the same time; he wants understanding, recognition, and support, but will not reciprocate; he can acknowledge many interpersonal errors and slights but remains too grounded to apologize. While Mr, Coughlin has a criminal record of increasingly serious infractions, he is not a sociopath and does not have an antisocial personality disorder. He can be superficially charming, but he is not pathologically manipulative or conning. He has some conscience development, including eapacities for guilt, remorse, and sympathy. His capacity for empathy is less well- developed. He is sufficiently defensive to mask his capacity for taking responsibility for personal actions and behavior. He also knows others find him sarcastic, disrespectful, and annoying, but lacks the personal insight to change without coercion CONCLUSIONS: Zach Coughlin is a 38-year old attorney in Reno who was evaluated at the request of the Nevada Bar Association at the direction of the Nevada Supreme Court to identify ‘mental illness or emotional problems which might underlie his erratic behavior which lead to a petition to disbar him. Mr. Coughlin was raised in Reno by divorced parents. His father is a well-respected physician in Reno, a recovering alcoholic from whom Mr. Coughlin feels largely estranged. His mother was more supportive emotionally, but has set limits regarding financial support. Mr. Coughlin was a capable student and fine athlete who went on to complete college, then obtained his law degree at Boyd School of Law in Las Vegas. Although he passed the Nevada Bar examination before graduation in 2002, his application was delayed until 2004, In 2011 Mr. Coughlin stole a cell phone, then later a candy bar, both of which lead to criminal convictions. In 2012 a sereening panel was appointed to review and investigate his infractions. During 2012, he had several more conflicts with law enforcement, but also received complaints from sitting judges. In 2013 he was convicted of Resisting a Public Officer and was sentenced to six months in jail. A previously suspended sentence was also revoked. He was in jail from November, 2013 to April, 2014Psychological Evaluation 9 Zachary B. Coughlin, Esq. September 27,2014 ‘The Nevada Bar Association decided Mr. Coughlin should be disbarred, but the Nevada Supreme Court returned the case to the Nevada Bar Association for further review. Mr. Coughlin is not thought-disordered, psychotic, or schizophrenic. He has been diagnosed with mild to moderate depression for 20 years, and has been responsive to medications He continues to suffer the symptoms of Persistent Depressive Disorder, mild to moderate, and continued consultation with his physician is recommended. He was diagnosed with ADHD 10 years ago, but [ cannot find diagnostic evidence to support it. The fact that he benefits from the medication is not surprising, but is more likely treating an anxiety symptoms rather than actual attention deficit. Diagnostic measures clearly identify symptoms consistent with an anxiety state, although sorting that out from his depression is complicated. Additional measures used to identify personality disorders confirm the diagnosis of Dependent Personality Disorder associated with traits of Depressive and Masochistic Personality Styles. ‘The combination of social alienation, low self esteem, passive aggressive hostility, and conflict \with authority figures not only supports the behavioral components of depression and anxious emotion, but also supports the consistently self defeating and cynical nature of an otherwise capable young man, From a layman’s (non-attomey) point of view, his violations seem petty and innocuous, but he does demonstrate an inability to learn from his mistakes and a consistent impulse to shoot himself in the foot. DSM 5 DIAGNOSTIC SUMMARY: 300.4 Persistent Depressive Disorder, moderate 304.00 Opioid Use Disorder, in full remission 305.00 Alcohol Use Dirorder, mild, in full remission 301.6 Dependent Personality Disorder, with Depressive and Masochistic Traits, RECOMMENDATION 1, Mr. Coughlin is not formally mentally ill, but does suffer emotional disturbance with an underlying personality disorder. My recommendation for Mr. Coughlin is that he seek subsistence employment outside the legal profession while he engages in a rehabilitative course to address his disrupted emotional state and his longer-term deficiencies in personality functioning, ‘The greatest weakness in that recommendation is that Mr. Coughlin is nearly homeless, has few resources, and needs intensive out-patient intervention. While he is eligible for services through the Northern Nevada Adult Mental Health Services, I cannot recommend that facility as a sufficient resource for Mr. Coughlin’s needs. He needs ongoing access to a quality psychiatristPsychological Evaluation 10 Zachary B. Coughlin, Esq September 27,2014 for medication management, and opportunity to build a trusting, confidential relationship with an experienced therapist two or three times per week for 60 days, then one time per week after that He would not benefit from group therapy or substance abuse treatment at this time. 2. My recommendation to the Nevada State Bar is not intended to usurp or superceded anyone’s authority. Based upon existing rule and law, the Bar may very well have grounds to pursue disbarment. On the other hand, if a suspension was effected with a prescribed course for rehabilitation, Mr. Coughlin most certainly has the potential to serve the Bar and the community. In my opinion, Mr. Coughlin is not competent to serve as an attorney today due to his disregulated emotional state and continuing mental health issues, but with adequate treatment may very well be returned to competence in the future. Respectfully submitted, Earl 8. Nielsen, Ph.D. Clinical Psychologist ESN/pin