4/2/13 Outlook Print Message

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Emergency Submission
From: Zach Coughlin (zachcoughlin@hotmail.com)
Sent: Tue 4/02/13 6:20 AM
To: julie.wise@washoecourts.us (julie.wise@washoecourts.us);
joey.hastings@washoecourts.us (joey.hastings@washoecourts.us)
Cc: judge.berry@washoecourts.us (judge.berry@washoecourts.us);
christine.kuhl@washoecourts.us (christine.kuhl@washoecourts.us);
tsusich@nvdetr.org (tsusich@nvdetr.org); schornsby@nvdetr.org
(schornsby@nvdetr.org); shornsby@nvdetr.org (shornsby@nvdetr.org);
info@nvdetr.org (info@nvdetr.org)
Dear Assistant Clerk of Court Wise,
I have attached a Motion to Proceed In Forma Pauperis and a proposed
Petition for Writ of Mandamus that I ask be filed (due to my indigency an
inability to print it out and the exigency of my circumstances) on an
Emergency Basis seeking to suspend the criminal trial today in the RJC
wherein I am a defendant RCR2012-065630 due to the fact that on 2/2/13
Chief Judge Pearson entered an Order for Competency Evaluation requiring a
stay in all departments of the RJC (especially in Department 5 upon my
presenting to Judge Clifton a copy of that Order in court on 2/2/13 in
RCR12-065630) until a person qualified to person such an evaluation
presents a report to Judge Pearson. I believe it was entirely impermissible the
extent to which DDA Young and, apparently, Judge Clifton failed to abide by
that stay, and instead, procured an emergency hearing before Judge Pearson
wherein he announced that, sua sponte, he had been thinking about the order
he just entered that morning and decided to amend it, thereby removing the
stay, and allowing a prosecution from which no good can come to plow
forward at an imprudent speed, with a lack of understanding of all the moving
parts involved. I ask that all attachments hereto be attached (in and order) as
Exhibit 1 to my attached 4/1/13 Motion to Proceed IFP and Proposed
Petition for Writ of Mandamus. Also, I believe the appeal wherein I am a
party in 62821, with Chief Deputy Attorney General Rhonda Clifton as
opposing counsel, requires, on a per se basis, for Judge Clifton to disqualify
himself from RJC RCR12-065630, but I could be incorrect.
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Please add Richard G. Hill, Esq. and Casey D. Baker, Esq. to the service list
should my request to have my attached 4/2/13 NRCP 60b4 motion in CV11-
03051 filed by accepted (that Motion has one Exhibit, they are the last two
attachments to this email), if Hill represents Merliss in that matter, otherwise,
I will serve Merliss accordingly (I guess that would involved calling Hill
before risking a RPC 4.2 violation by calling Merliss re 03051).
I appreciate your response. Please find attached a copy of the 1/4/12
Supplemental as I understand it to have existed within the RJC at one time.
Please note that the 12/22/11 filings by Coughlin are missing therefrom, and
from the subsequent 1/12/12 Supplemental as well, and have material
relevance both to CV11-03628, and therefore the Orders of 1/11/12,
3/30/12, 6/25/12, 8/28/12, etc.
I ask that you also note that the ROA, all four volumes and the fifth volume consisting of the
"Hearing Exhibits" is completely violative of NRAP 10, 11 in a multitude of respects. It is scanned
in a 75 dpi, rather than "the output of a laser printer". There are more than 250 pages per volume.
None of the pages are consecutively numbered, or bates stamped, and they do not appear in
chronological order, but rather in the manner in which a law office might maintain a file (ie, newer
filings on the top of the stack of papers).
Please note the "Certificate of Clerk" on page 3 of the three page pdf that the 1/4/12 Supplemental
was always represented as up to this point on eflex. Does that signature of a 2JDC clerk imply
some level of negligence where, on page 3 of that 1/4/13 Supplemental in CV11-03628 it reads:
"CERTIFICATE OF CLERK I hereby certify that the enclosed documents are certified as true and
correct copies of the original documents on file with the Reno Justice Court. Dated this 5th day of
January 2012"? 2JDC "Deputy Court Clerk L. Baragan" thereafter (in addition to the signature of the
RJC's Bonnie Cooper atop Court Administrator Steve Tuttle's name and seal/stamp of teh RJC) has
stamped her name at least, beneath "Joey Hastings, Clerk" written in handwriting. The implication
is that Deputy Clerk Barragan is attesting to the statement made in the "CERTIFICATE OF CLERK",
as to the "enclosed documents". However, your email of 4/1/13 indicates that only on 4/1/13 did
the 2JDC finally receive from the RJC the "enclosed documents". Please see Judge Flanagan's
footnote 5 on page 5 of his 3/30/12 Order.
I am being disbarred in relation to these exact matters, and the curious failure to actually transmit
such documents to the 2JDC, my wrongful incarceration at the hands of Judge Elliott on 4/19/12
and the concomitant filing of Casey D. Baker's Motion for Attorney's Fees in this same appeal of a
summary eviction in the RJC (which Judge Flanagan granted, a phenomenal $42,065 attorney fee
award (despite most of the fees alleged incurred do not relate to the appeal in any way and are
barred by res judicata and the fact that NRS 7.085 does not apply to appeals (regardless, Judge
Flanagan's 8/28/12 Order makes clear he did not award such fees pursuant to any sanction, as
such a pure DCR 13(3) application follows.
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Please be aware of the "Appeal from Justice Court" in CV11-03051, and the extent to which there
appears to be mutiple case numbers for the same 10/18/11 Notice of Appeal I filed in the RJC (or
the RJC failed to properly respond to my Notice of Appeal of 10/18/11 submitted, filed on
10/19/11. Interestingly, NRS 40.385 seems to have been amended in the days in which these
matters were occurring, perhaps making NRAP 8 applicable. Regardless, as the attached Venetian
v. Two Roads transcript from a hearing on a Motion for Stay upon the posting of the $250
supersedeas bond statutorily set in NRS 40.385 (which the Judge therein construed to be a
mandatory stay), the 2JDC refused to file in a number of filings I sought to submit that either were,
or could be construed as a motion for stay (please see also CV11-03126) and the emails of
10/28/12 and 11/2/12 from Coughlin to the 2JDC.
Subject: RE: Deficient ROA's and Supplementals, list of parties to put on service list under NEFR 9
Date: Mon, 1 Apr 2013 12:22:10 -0700 From: Julie.Wise@washoecourts.us To:
zachcoughlin@hotmail.com CC: Joey.Hastings@washoecourts.us Dear Mr. Coughlin: The
documents listed on the Appeal Receipt of the Supplemental to Justice Court Appeal Proceedings
filed on January 4, 2012 have now been received by the Second Judicial District Court. The
documents were filed into case CV11-03628 on Monday, April 1, 2013. Thank you, Julie From: Zach
Coughlin [mailto:zachcoughlin@hotmail.com] Sent: Wednesday, March 20, 2013 1:49 PM To:
Orduna Hastings, Joey; Wise, Julie; eflex Subject: FW: Deficient ROA's and Supplementals, list of
parties to put on service list under NEFR 9
Also, and I don't want this to sound so formal, but under SCR 110, when I subpoenaed various
Judges, Clerk of Court Hastings, Assistant Clerk of Court Wise, and the Custodian of Records of the
2JDC and had a non-party serve the same on 10/30/12, and thereafter none of the individuals
subpoenaed produced any documents, nor did they appear at my formal disciplinary hearing on
11/14/12, I guess I need to request for Chairman Susich to follow SCR 110(4) in that regard? I have
written WCDA ADA Watts-Vial about this, but apparently none of my communications to anyone
with the WCDA's Office get past some sort of embargo that ADA Helzer has orchestrated or
"programmed".
While I have serious questions as to my current fitness to stand trial, I am, in a couple hours,
before RJC Judge Clifton in RCR2012-065630. My psychiatrist has similar concerns (please see
attached).
SCR Rule110.Subpoena power, production of documents, witnesses, and pretrial
proceedings.
3.Attachment of person for failure to obey subpoena or produce documents.Whenever
any person subpoenaed to appear and give testimony or to produce books, papers, or other
documents as required by subpoena, or requested to provide documents pursuant to Rule 78.5(1)
(b), refuses to appear or testify before a hearing panel, or to answer any pertinent or proper
questions, or to provide the requested documents, that person shall be deemed in contempt
of the disciplinary board, and the chair of the disciplinary board shall report the fact to a
district judge of the county in which the hearing is being held or the investigation conducted.
The 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 bring such
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person forthwith before the court. On 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 himself or herself of the contempt in the same way, and the same
proceedings shall be had, and the same penalties may be imposed, and the same punishment
inflicted as in the case of a witness subpoenaed to appear and give evidence on the trial of a
civil cause before a district court of the State of Nevada.
4.Contest of subpoena.A contest of a subpoena shall be heard and determined by the chair of
the appropriate disciplinary board.
I do not wish to violate RPC 4.2 or the Comment thereto, but given the inability I have met with
to speak to ADA Watts-Vial, send a fax, or deliver any written communications, even emails, to the
WCDA's Office without being threatened with arrest, prosecution, applications for restraining
orders, etc, etc., I am not sure how to accomplish that, and this issue is further complicated by the
extent to which I necessarily must communicate with the 2JDC and its Clerk of Court and Assistant
Clerk of Court about matters that may, under some interpretations, related to the subject matter for
which ADA Watts-Vial has purported to be the attorney for....well, I am not entirely sure whom he
represents or in what capacity...
Zachary Barker Coughlin 1471 E. 9th St. Reno, NV 89512 Tel and Fax: 949 667
7402 ZachCoughlin@hotmail.com
Zach has 105 files to share with you on SkyDrive. To view them, click the links below.
1 4 12 0204 03628 Supplemental to Justice Court Proceedings full version 149 pages in correct order
OCR.pdf
12 22 11 0204 1708 Coughlin's Notice of Posting Supersedeas Bond , Where is my Stay, Req Subm and
Sferrazza Note Order Denying it.pdf
12 22 11 0204 03628 1708 collection of filings RJC failed to transmit to 2JDC including Notice of No
Agreement to 12 21 11 Order, Notice Posting Supersedeas Bond, Motion to Set Supersedeas Bond,
etc.pdf
12 22 11 0204 03628 1708 Notice of Posting and Acceptance of Supersedeas Bond on Appeal.pdf
12 22 11 0204 03628 1708 Notice of Posting Supersedeas Bond as Set by Statute Where is My Stay
stamped scanned version.pdf
12 22 11 0204 03628 1708 Sferrazza Note Order never served on Coughlin indicating no bond was
posted within 10 days despite RJC retaining $2,275 during that time - Copy.pdf
12 22 11 0204 03628 1708 Tenant's Notice to No Agreement or Settelment was made or entered into by
Tenant at 12 20 11 Hearing on Contest Pers Property Lien.pdf
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12 22 11 0204 03628 1708 without Sferrazza Note Order Noice of Posting Supersedeas Bond Where is
My Stay - Copy.pdf
12 26 11 NOA RJC may have failed to file stamp for 12 21 11 Sferrazza Order Resolv Pers Prop Lien
0204 1708 03628 3 30 12 Order not included.pdf
1 4 12 0204 1708 03628 Appeal Receipt tiff and Supplemental Justice Court Proceedings.pdf
3 27 12 Order Denying Hill's Second Mtn Order Show Cause 0204 1708 CV11-03628-2789439.pdf
3 30 12 10-05104 0204 26800 NVB Beesley Keller Opposition to Notice to Take Default and Attachments
portions.pdf
3 30 12 0204 1708 Flanagan's Order Denying summary eviction appeal CV11-03628-2799126.pdf
3 30 12 Order releasing property dorothy nash holmes and nv bar stuff scanned lettrers and envelopes
reduced file size - Copy.pdf
4 19 12 0204 1708 03628 Hil and Baker's Motion for Attorney's Fees tagged no numbers.pdf
4 19 12 1708 0204 ex 3 of Hills Mtn for Atty Fees in 03628 resuting in 6 25 12 Flanagan Order 1708
60331 61383.pdf
4 19 12 and 4 26 12 Transcript of Hearings in CR12-0376 dogan young elliot competency evaluation rjc
rcr2012-065630 rcr2011-063341.pdf
1 11 12 0204 26405 1708 03628 CV11-03051-2642521 (Ex-Parte Mtn Seeking Clarification of Order
Denying IFP detailing DV at 1422.pdf
10 19 11 03051 Justice Court Appeal 0204 Notice of Appeal filed to rjc rev2011-001708 0204 ccwashoe
D1 Judge Berry DOCKET CV11-03051.pdf
10 26 11 0204 1708 03051 03126 District Court Complaint against Merliss et all.pdf
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