Hearing

State Bar of Nevada vs. Coughlin

UN HIN
igation
SERVICES
Discovery + Depositions + Decisions
Job: 170008 Exhibit: 00005
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Case No. II TR 26800 21
Dept. No.3
IN TIlE MUNICIPAL COURT OF TIlE CITY OF RENO
COUNTY OF WASHOE STATE OF NEVADA
CITY OF RENO,
Plaintiff,
vs.

Defendant.
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ORDER
March 12, 2012 was the time set for the resumption of the tmffic citation trial of
Defendant 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 criminal
contempt by the court for his antics and misconduct during that trial. His behavior is DOted in
detail 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 this
court to explain or excuse his absence. Deputy City Attorney Alison Ormaas appeared arid
was prepared to proceed. She informed the court thot she had no contact with Mr. Coughlin
The coun makes the following findings on the record:
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After he served his five-day Contempt of Court sanction imposed by this court on
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February 27, 2012, Mr. Coughlin fax-filed to this court
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a 224-page document entitled "Notice
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of Appeal of Summary Contempt Order; Motion to Return Personal Property Confiscated by
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Reno Municipal Court and Its Marshals; Motion for New Trial and to Alter or Amend
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Summary Contempt Order." The document purported to appeal this court's Order holding
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him in direct criminal contempt. It contained a portion of one sentence on page 4 seeking a
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continuance oftoday's hearing, but no further discussion of that topic. It also mentioned
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being a ''tolling'' motion in an apparent afterthought. It did not address most of the other
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topics listed in the caption. Instead, the document contained rambling references to his
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pelSOnaJ life and this court's; his father's football career in college; dozens of pages of string
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citations taken off the internet; documents from a prisoner online site; an article about a
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and copy of court documents from a District of Columbia case.
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It was a disjointed regurgitation of case law citations from a legal research online site
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with little reference to, or argument about, the facts of his instant "Boulevard Stop" traffic
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case. The document was WI incoherent and pathetic demonstration of what might once have
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been legal and academic prowess tlmt appears to now be greatly damaged. Mr. Coughlin fax-
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filcd another document in which he apparently took a Motion to Proceed Informa Pauperis
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[sic) in another case and typed over it "Request for Audio Rccording of February 27
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, 2012
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Trial and for Appt [sic) and to Waive Filing Fee and Transcript Fee for Appeal Counsel."He
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had that filed in the instant case on March 7, 2012, even though it was dated November 22,
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2011.
27 Whereas Mr. Coughlin's efforts to conduct his own defense in his tmffie citation trial on
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I RMC Rules and Procedures S pennils fax filing of motions.
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February 27, 2012 disrupted Department 3 of this court and caused distress to this court and
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its staff and marshals, as well as the prosecutor and the witness, and resulted in Mr. Coughlin
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being held in contempt of court, his faxing and filing of these documents greatly disrupted the
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operation of the entire Reno Municipal Court system, including the clerk's office and the
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other departments, and necessitated that action be taken by the Court Administrator and
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Administrative Judge.
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Apparently beginning on March 9,2012 at 12:38 p.m., Mr. Coughlin again undertook
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another massive fax-filing to Reno Municipal Court. This time it was a document that was
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file-stamped by the clerk on March 12,2012 at 8:12 a.m. This second 218'page document
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purported to be yet another motion in this case entitled "Motion to Return Cell Phones;
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Motion to Set Aside Summary Contempt Order; and Notice of Appeal of SummllJ)' Contempt
14 Order." With scant discussion of, or relevance to, the above-captioned matter, said document
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mostly argues against Judge Howard in a Department 4 ease and again contains more than
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200 pages of string legal citations; lyrics to rocks songs; Mr. Coughlin's personal fwnily
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history; discussion of an eviction case and another contempt ease; disjointed legal citations,
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and other nonsensical matters that have no apparent relevunce to his traffic citation ease.
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Both documents were massive and took up a great deal oftime because the court had to
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review them to look for some connection to the case. This court has thc inherent authority to
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maintain respect, order and decorum in the court, and to refuse to allow the court to be used
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as 8 vehicle for the deranged rantings of 0 litigant.
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The conduct of Mr. Coughlin has been inappropriate, biZ8lTC, dishonest, irrational and
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disruptive, to say the least. He has not practiced law in this case in a manner that
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demonstrates his competence, professionalism, preparation, consideration for the court, the
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witness, or his opposing cOWlSeI. He has been disrespectful to the court. He has failed to
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appear or explain his absence to the court. Inasmuch as the court bas at least four different
addresses for him, it is unable to ascertain his exact whereabouts. He shows signs of mental
instability, ifnot serious mental illness.
Based upon the total circumstances of this case, the in-court perfonnance of the
defcndant, as observed by this court, the written documents faxed to the court for filing by
this 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 attorney
licensed to practice law in the State of Nevada, has committed numerous acts of attorney
misconduct, including, but not limited to, violating thc following Rules of Professional
Conduct:
in dishonesty, fiuud, deceit or misrepresentation;
8.4 (d)-engaging in conduct that is prejudicial to the administration of justice;
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 in
fact and with matters that are known to be frivolous;
3.2-failure to make reasonable efforts to expedite litigation, and, in fact, taking
extreme measures to delay litigation;
3.4(e)-being unfair to opposing counsel by continually alluding to mlltters the lawyer
does not reasonably believe are relevant or supported by admissible evidence;
1.3-fniling to act with reasonable diligence and promptness; and
I.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 reconling
the traffic citation triaJ of February 27, 2012 without the advance permission of this court and
then 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 for
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this court to decide. He has become nothing less than a vexatious litigant 10 Reno Municipal
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Court due 10 his unorthodox, disruptive, bizarre and irrational methods and practices that go
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beyond the pale of anything thaI is civil, elhical, professional or competent. Good cause
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appearing therefore, the court onlers as follows:
7 IT IS ORDERED that this matter is continued, and all proceedings relating thereto are
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lolled, unlil further order of this court, while the matter of attorney Zachary Barker Coughlin
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is referred 10 the Slale Bar of Nevada;
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IT IS ORDERED that no further Detion shall be taken by Ihe Reno City Attorney's
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Office, or the clerks or staff of Reno Municipal Court, in the above-cntilled case, pending
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further onler of this court;
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IT IS ORDERED that Zachary Barker Coughlin is barred and forbidden from faxing,
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emailing, delivering, having delivered, serving, presenting for filing, personally or otherwise,
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any motion or docwnent 10 Reno Municipal Court, in the above-cntitled case, pending further
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onler of lhis court.
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Dated this 12th day of March, 2012.
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The Hon. Do y Nash Holmes
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Reno M unic pal Judge
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....... """"''''' Couo1
00t0tI1y ...... -.
Judge
P.O. Box 1900
Reno. NY 8R505
(775) 334-S8n

CERTIFICATE OF SERVICE
Pursuant to NRCP 5(b), I certify that I am an employee of the Reno Municipal
Court, Reno, Nevada, that I am over the age of 18 years and not a party to the above
action, and that on this date, served a true and correct copy of the attached document
to the following as set forth below:
Allison Onnaas
Deputy City Attorney
PO Box 1900
Reno NV 89505
Zachary Barker Coughlin, eaq.
1422 E. 9'" Street #2
Reno NV 89612
X Placing said document In a sealed envelope and placed for collecting and
mailing by Unites States mail in Reno. Nevada, postage prepaid following ordinary
business practices.
Washoe County Jail
Court Services
Facsimile (FFAX)
Electronic Mall (E-mail)
InneroOffies mell following ordinary business practiess
Personal Delivery.
DATED: March 12,2012.
artment Three
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